New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220ZGB

220ZGB Interfering with fish of threatened species

(1) A person must not interfere with any fish of a threatened species.

: Maximum penalty--1,000 penalty units or imprisonment for 2 years, or both.

(2) In this section,
"interfere with" includes harass, chase, tag or mark the fish or engage in any activity for the purposes of attracting or repelling the fish or any other activity prescribed by the regulations.

(3) A reference in section 220ZW, 221IA or 221O to harming any threatened species includes interfering with the threatened species.

(4) A person is not guilty of an offence under this section if the act or omission constituting the offence was authorised by, and was done or omitted in accordance with--

(a) a licence granted under this Part, or

(b) a Ministerial order or interim order made under Subdivision 1A of Division 6, or

(c) a permit under this Act, or

(d) a biodiversity conservation licence under the Biodiversity Conservation Act 2016 .

(5) A person is not guilty of an offence under this section if the act or omission constituting the offence was--

(a) an action taken or omitted by the person that was reasonably necessary to prevent a risk to human health or to deal with a serious threat to human life or property, or

(b) done in accordance with a direction given to the person by a fisheries officer.

(6) The regulations may provide for exceptions to this Division or for defences to the prosecution of an offence against this Division.