Division 3 Use of explosives, electrical devices and other dangerous substances

112   Dynamite and explosive substances

(1)  A person must not use dynamite or any other explosive substance to take or destroy fish in any waters.

Maximum penalty: 100 penalty units.

(2)  A person must not explode any dynamite or other explosive substance in any waters.

Maximum penalty: 100 penalty units.

(3)  It is a defence to a prosecution for an offence under subclause (2) if the person charged proves that the acts constituting the alleged offence were done:

(a)  in pursuance of a permit issued by the Director-General, and

(b)  in accordance with the conditions of the permit.

113   Permit to use explosives

(1)  An application for a permit to use dynamite or any other explosive substance in any waters is to be made in writing to the Director-General in the form approved by the Director-General.

(2)  A permit may extend to:

(a)  explosives generally or to a particular explosive specified in the permit, or

(b)  waters generally or to the particular waters specified in the permit.

(3)  A permit remains in force, unless sooner cancelled or suspended by the Director-General, until the expiration of the period specified in the permit.

(4)  A permit is subject to such conditions as are attached to the permit by the Director-General.

(5)  The fee for a permit under this clause, or for the renewal of such a permit, is $122.

114   Use of electrical devices prohibited in all waters

(1)  A person must not use an electrical device for the purpose of taking fish in any waters.

Maximum penalty: 100 penalty units.

(2)  It is a defence to a prosecution for an offence under subclause (1) if the person charged proves that the acts constituting the alleged offence were done:

(a)  in pursuance of a permit issued by the Director-General, and

(b)  in accordance with the conditions of the permit.

115   Permit to use electrical devices

(1)  An application for a permit to use an electrical device in any waters is to be made in writing to the Director-General in the form approved by the Director-General.

(2)  A permit may extend to:

(a)  electrical devices generally or to a particular device specified in the permit, or

(b)  waters generally or to the particular waters specified in the permit.

(3)  A permit remains in force, unless sooner cancelled or suspended by the Director-General, until the expiration of the period specified in the permit.

(4)  A permit is subject to such conditions as are attached to the permit by the Director-General.

(5)  The fee for a permit under this clause, or for the renewal of such a permit, is $122.