Northern Territory Numbered Acts Northern Territory Numbered ActsPart II, Divisions 2 to 5
repeal, insert
(1) This section applies if:
(a) a third party interest in a licence, or quota allocated to a licence, has been registered; and
(b) the Director:
(i) receives an application relating to the transfer of the licence or quota; or
(ii) proposes to suspend or cancel the licence or quota.
(2) The Director must notify the holder of the registered third party interest before processing the application or suspending or cancelling the licence or quota.
(1) A licence may authorise a person to do one or more of the following things:
(a) take fish or aquatic life:
(i) for sale; or
(ii) for the purpose of aquaculture; or
(iii) for the purpose of exhibiting them for profit;
(b) undertake aquaculture;
(c) sell live fish or aquatic life;
(d) process for sale or sell dead fish or aquatic life;
(e) exhibit fish or aquatic life for profit;
(f) any other thing prescribed by regulation or a management plan as being able to be done only under a licence.
(2) A person commits an offence if the person:
(a) takes fish or aquatic life with the intention of using it for a purpose mentioned in subsection (1)(a); and
(b) is not authorised by a licence to take the fish or aquatic life for that purpose.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) A person commits an offence if the person:
(a) intentionally undertakes aquaculture; and
(b) is not authorised by a licence to do so.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(4) A person commits an offence if:
(a) the person intentionally sells a thing; and
(b) the thing is live fish or aquatic life and the person is reckless in relation to that circumstance; and
(c) the person is not authorised by a licence to sell the thing.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(5) A person commits an offence if:
(a) the person intentionally processes for sale or sells a thing; and
(b) the thing is dead fish or aquatic life and the person is reckless in relation to that circumstance; and
(c) the person is not authorised by a licence to process for sale or sell the thing.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(6) A person commits an offence if:
(a) the person intentionally exhibits a thing for profit; and
(b) the thing is fish or aquatic life and the person is reckless in relation to that circumstance; and
(c) the person is not authorised by a licence to exhibit the fish or aquatic life for profit.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(7) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct is prescribed by regulation or a management plan as being able to be done only under a licence and the person is reckless in relation to that circumstance; and
(c) the person is not authorised by a licence to engage in the conduct.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(8) Strict liability applies to subsections (2)(b), (3)(b), (4)(c), (5)(c), (6)(c) and (7)(c).
(9) This section does not apply to a person who does a thing of a kind prescribed by a regulation or management plan for this subsection.
(1) A permit may authorise a person to do one or more of the following things:
(a) bring into or release in, or cause to be brought into or released in, the Territory live fish or aquatic life;
(b) possess or sell noxious species;
(c) cause or permit a shock, sound or other vibration, whether by percussion, the use of an explosive or otherwise;
(d) use an electric fishing device;
(e) introduce a dangerous substance into waters of the Territory;
(f) any other thing prescribed by regulation or a management plan as being able to be done only under a permit.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in live fish or aquatic life being brought into or released in the Territory and the person is reckless in relation to the result; and
(c) the person is not authorised by a permit to bring into or release in, or cause to be brought into or released in, the Territory the fish or aquatic life.
Maximum penalty: 500 penalty units or imprisonment for 2 years.
(3) A person commits an offence if:
(a) the person intentionally possesses or sells a thing; and
(b) the thing is a noxious species and the person is reckless in relation to that circumstance; and
(c) the person is not authorised by a permit to possess or sell the thing.
Maximum penalty: 500 penalty units or imprisonment for 2 years.
(4) A person commits an offence if:
(a) the person intentionally causes or permits a shock, sound or other vibration, whether by percussion, the use of an explosive or otherwise; and
(b) a result of the shock, sound or vibration is, or may be, that fish or aquatic life is stunned, injured, killed or detrimentally affected and the person is reckless in relation to the result; and
(c) the person is not authorised by a permit to cause or permit the shock, sound or vibration.
Maximum penalty: 500 penalty units or imprisonment for 2 years.
(5) A person commits an offence if the person:
(a) intentionally uses an electric fishing device; and
(b) is not authorised by a permit to do so.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(6) A person commits an offence if:
(a) the person intentionally introduces directly or indirectly a substance into waters of the Territory; and
(b) the substance is a dangerous substance and the person is reckless as to that circumstance; and
(c) a result of the conduct mentioned in paragraph (a) is, or may be, that:
(i) fish or aquatic life are stunned, injured, killed or detrimentally affected; or
(ii) the habitats, food or spawning grounds of fish or aquatic life are detrimentally affected; and
(d) the person is reckless in relation to the result; and
(e) the person is not authorised by a permit to introduce the substance into waters of the Territory.
Maximum penalty: 500 penalty units or imprisonment for 2 years.
Note for subsection (6)
Section 37 provides for an additional penalty for a continuing offence against this subsection.
(7) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct is prescribed by regulation or a management plan as being able to be done only under a permit and the person is reckless as to that circumstance; and
(c) the person is not authorised by a permit to engage in the conduct.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(8) Strict liability applies to subsections (2)(c), (3)(c), (4)(c), (5)(b), (6)(e) and (7)(c).
(9) In this section:
"dangerous substance" means:
(a) a substance that is poisonous, toxic, narcotic or noxious; or
(b) any other substance that, if introduced into waters of the Territory, may have a result mentioned in subsection (6)(c).
"introduce" includes cast, place, discharge or allow to fall, flow or percolate or be carried by wind, tide or current.
"substance" includes heavy metal and solid debris.