New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 4

4 Definitions

(1) In this Act--

"Aboriginal cultural fishing" means fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational, ceremonial or other traditional purposes, and which do not have a commercial purpose.

"Aboriginal fishing assistance program" --see section 237B.

"Aboriginal person" means a person who--

(a) is a member of the Aboriginal race of Australia, and

(b) identifies as an Aboriginal person, and

(c) is accepted by the Aboriginal community as an Aboriginal person.

"advisory council" means an advisory council established by the Minister under section 229.

"advisory group" means an advisory group established by the Secretary under section 230.

"aquaculture" is defined in Part 6.

"aquaculture lease" means an aquaculture lease granted or renewed under Part 6.

"aquaculture permit" means an aquaculture permit issued and in force under Part 6.

"Australian fishing zone" has the same meaning as it has in the Commonwealth Act.

"biological diversity" means the diversity of life and is made up of the following 3 components--

(a) genetic diversity--the variety of genes (or units of heredity) in any population,

(b) species diversity--the variety of species,

(c) ecosystem diversity--the variety of communities or ecosystems.

"boat" means any kind of vessel, however navigated.

"charter fishing licence" means a licence issued under Division 2 of Part 4A and in force.

"commercial fisher" means a person who holds a commercial fishing licence.

"commercial fishing licence" means a commercial fishing licence issued under Division 1 of Part 4 and in force.

"Commonwealth Act" means the Fisheries Management Act 1991 of the Commonwealth.

"Crown land" means Crown land within the meaning of the Crown Land Management Act 2016 .

"cultivate" includes propagate, hatch, breed, rear and farm.

"Department" means Regional NSW.

"ecologically sustainable development" has the same meaning as under section 6(2) of the Protection of the Environment Administration Act 1991 .

"electronic communication" has the same meaning as it has in the Electronic Transactions Act 2000 .

"examine" includes count, measure, weigh and grade.

"exercise" a function includes perform a duty.

"fish" is defined in section 5.

"fisheries management charge" means a fee, charge or contribution that is required to be paid by or under this Act.

"fisheries officer" means a person for the time being appointed under Part 9 as a fisheries officer for the purposes of this Act.

Note--: Under Part 9, a police officer is also a fisheries officer for the purposes of this Act.

"fishery" is defined in section 6.

"fishing activity" means the activity of taking fish, including--

(a) searching for fish, or

(b) any activity that can reasonably be expected to result in the locating, aggregating or taking of fish, or

(c) carrying fish by boat from the place where they are taken to the place where they are to be landed.

"fishing boat licence" means a licence issued under section 107B and in force.

"fishing business" is defined in section 34Q.

"fishing business determination" is defined in section 34Q.

"fishing business transfer rules" is defined in section 34T.

"fishing closure" is defined in section 8.

"fishing determination" means a determination of total allowable catch of fish or total allowable fishing effort made under Part 2A.

"fishing gear" means any equipment (other than a boat or aircraft) used for fishing activities.

"foreign boat" has the same meaning as it has in the Commonwealth Act.

"forfeited quota" --see section 40V.

"freshwater" means water in a river or creek that is not subject to tidal influence--

(a) including any body of freshwater that is naturally or artificially stored (such as a freshwater lake, lagoon, dam, reservoir, pond, canal, channel or waterway), but

(b) not including any coastal lake that is intermittently open to tidal influence.

The regulations may, for the purpose of avoiding doubt about the application of this definition, specify the point at which any river, creek or other body of water becomes subject to tidal influence.

"function" includes a power, authority or duty.

"habitat" means any area occupied, or periodically or occasionally occupied, by fish or marine vegetation (or both), and includes any biotic or abiotic component.

"leased area" means the area that is the subject of an aquaculture lease.

"management plan" means--

(a) in relation to a share management fishery--a management plan for the fishery made under Division 5 of Part 3, or

(b) in relation to any other fishery--a management plan under the regulations referred to in section 40(2)(a).

"marine vegetation" means any species of plant that at any time in its life must inhabit water (other than fresh water).

"master" of a boat means the master or other person for the time being in charge or command of the boat.

"native title holder" has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

"net" includes anything attached to a net.

"owner of a fishing business" is defined in section 34Q.

"oyster" means any bivalve mollusc of the family Ostreidae.

"possession" of a thing includes having the thing under control at any place, even though some other person has physical possession of the thing.

"possession limit" means a possession limit (within the meaning of section 17A) imposed by the regulations or by an order under section 17C.

"premises" includes the following--

(a) land or a place, whether built on or not,

Example--: Land or a place could include a beach, trail, track, wharf, jetty, rock platform, riverbank and a similar location.

(b) a structure or building.

"process fish" means cut up, break up, shell, skin, shuck, purge, cook, pack, chill, freeze, can, preserve or otherwise treat or process fish.

"prohibited size fish" means a fish declared by the regulations under Division 2 of Part 2 to be a prohibited size fish.

"public authority" means a person or body established or constituted by an Act for a public purpose, and includes a Government Department, a local government authority or a state-owned corporation.

"public water land" means land submerged by water (whether permanently or intermittently), being--

(a) Crown land, or

(b) land vested in a public authority, or

(c) land vested in trustees for public recreation or for any other public purpose, or

(d) land acquired by the Minister under Division 1 of Part 8,

but does not include land which is the subject of an aquaculture lease or land of which a person has exclusive possession under a lease under any other Act.

"quota" --see section 40R.

"records" includes documents containing financial or any other kind of information.

Note--: The Interpretation Act 1987 defines
"document" to include not only paper but also computer or other electronic records.

"recreational fisher" means a fisher who takes fish by any method, otherwise than for sale.

"registered fish receiver" means a fish receiver registered under Division 4 of Part 4.

"registered native title body corporate" has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

"registered native title claimant" has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

"restricted fishery" means an exploratory, developmental or other restricted fishery declared under Division 3 of Part 4.

"Secretary" means the Secretary of the Department.

"sell" includes--

(a) sell by wholesale, retail, auction or tender, or

(b) barter or exchange, or

(c) supply for profit, or

(d) offer for sale, receive for sale or expose for sale, or

(e) consign or deliver for sale, or

(f) have in possession for sale, or

(g) cause or allow any of the above to be done.

"Share Appeal Panel" means the Share Management Fisheries Appeal Panel constituted under Division 9 of Part 3.

"share management fishery" means a fishery specified in Schedule 1.

"share management plan" means a management plan for a share management fishery.

"Share Register" means the Share Management Fisheries Register kept in accordance with Division 10 of Part 3.

"species of fish" includes fish that are of variety, domesticated form or hybrid of the species.

"supporting plan" , in relation to a share management fishery, means a supporting plan made under Division 5 of Part 3.

"TAF Committee" means the Total Allowable Fishing Committee appointed under Schedule 2.

"take" fish includes--

(a) catch or kill fish, or

(b) gather or collect fish, or

(c) remove fish from any rock or other matter,

or attempt to do so.

"trust fund" means a trust fund established under Division 3 of Part 8.

"vehicle" includes aircraft, caravan or trailer.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Note--: Section 14.7 of the Biodiversity Conservation Act 2016 enables certain animals to be declared to be fish and certain fish to be declared to be animals, and also enables certain plants to be declared to be marine vegetation and certain marine vegetation to be declared to be plants, for the purposes of that Act and this Act.

(2) In this Act, a reference to taking fish for sale includes a reference to taking fish for use as bait in taking fish for sale.

(3) For the purposes of any provision of this Act that provides for an increased maximum penalty for a second or subsequent offence, an offence is to be regarded as a second or subsequent offence in relation to another offence only if--

(a) a conviction was recorded in relation to the other offence, and

(b) the other offence occurred on a separate occasion.

Note--: Penalties for offences are expressed in penalty units. Under the Crimes (Sentencing Procedure) Act 1999 , the amount of a penalty unit is currently $110.

(4) A reference in this Act, or in a regulation or another instrument made under this Act, to the common name of a species of fish does not limit any scientific description of a species of fish in this Act, the regulation or the instrument. If there is any inconsistency between the common name and the scientific description of a species, the scientific description of the species prevails.

Note--: The common name of a species of fish is generally the standard name for the fish as defined in the Australian Standard entitled AS 5300--2019, Australian Fish Names Standard published on 24 June 2019.