Controlled Fish

149.       Declaration of controlled fish

(1)   The Minister, by order, may declare fish to be controlled fish to which this Division applies.

(2)   The occupier of land on or in which any inland waters are situated is taken to have possession of any controlled fish in those waters.

150.   Offences relating to controlled fish

A person must not –

(a)   keep or have possession or control of any controlled fish; or

(b)   consign or convey any controlled fish; or

(c)   release into any inland waters, water hole, dam, aquarium, hatchery or container any controlled fish.

Penalty:  Fine not exceeding 100 penalty units.

151.   Notification of location of controlled fish

(1)   A person who owns or has possession or control of any fish knowing it to be controlled fish must notify the Director of that fact as soon as obtaining that knowledge.

(2)   Penalty:  Fine not exceeding 10 penalty units.

(3)   A notification is to –

(a)   be in writing; and

(b)   specify the location of the controlled fish.

152.   Removal or destruction of controlled fish

(1)   An officer may seize and remove from any place any controlled fish.

(2)   The Minister, by order, may authorise the Director–

(a)   to destroy any controlled fish in a specified manner if the Minister is satisfied that it is not practicable to seize or remove the fish; and

(b)   to take any action necessary to delay or prevent the spreading of controlled fish to other places or waters.

(4)   An order to destroy controlled fish is to be carried out even though other fish may be destroyed.

(5)   In taking any action under subsection (2) (b) , the Director may issue any directions necessary.

(6)   A person must comply with any direction of the Director.

(7)   Penalty:  Fine not exceeding 20 penalty units.

(8)   Any expenses incurred in carrying out an order are payable from the Consolidated Fund without further appropriation other than this section.

153.   Immunity from liability

Any person carrying out an order under section 152 is not liable for anything done or omitted to be done in good faith by that person in carrying out the order.

Controlled Fish