Fisheries Management Act 1994 No 38
Current version for 20 November 2012 to date (accessed 25 May 2013 at 06:06)
Part 7Division 7

Division 7 Protection of fish and marine vegetation from disease

215   Purposes of Division

The purposes of this Division are:
(a)  to prevent the spread of diseases in fish and marine vegetation, and
(b)  to prevent any adverse effect on existing fish and marine vegetation and their habitats by introduced species of fish and marine vegetation.

216   Releasing live fish into waters prohibited

(1)  A person must not release into any waters any live fish except under the authority of a permit issued by the Minister or an aquaculture permit.

Maximum penalty: In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.

(2)  This section does not apply to the immediate return of fish to waters from which they were taken.
(3)  This section applies only to the release of fish into the sea, into a river, creek or other flowing stream of water or into a lake.
(4)  In this section, release a fish, includes depositing them or permitting them to escape.

217   Importation of live exotic fish

(1)  A person must not bring into New South Wales any live fish of a species or class prescribed by the regulations except under the authority of a permit issued by the Minister.

Maximum penalty: In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.

(2)  A person who sells, buys or has possession of fish knowing that the fish has been brought into New South Wales in contravention of this section is guilty of an offence.

Maximum penalty: In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.

(3)  This section does not apply in respect of any species of fish that was established in the waters of the State, or in the waters of the sea adjacent to the State within the Australian fishing zone, before European settlement.

217A   Importation of live exotic marine vegetation

(1)  A person must not bring into New South Wales any live marine vegetation of a species or class prescribed by the regulations except under the authority of a permit issued by the Minister.

Maximum penalty: In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.

(2)  A person who sells, buys or has possession of marine vegetation knowing that it has been brought into New South Wales in contravention of this section is guilty of an offence.

Maximum penalty: In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.

(3)  This section does not apply in respect of any species of marine vegetation that existed in the State before European settlement.
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