Victorian Current Acts

FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 52A

    (1)     A person must not take, trade in or keep any fish that is a member or part of a listed taxon of fauna or a listed community of flora or fauna, if that activity causes or is likely to cause a significant detrimental impact on that listed taxon of fauna or listed community of flora or fauna, unless—

        (a)     the person is acting in accordance with a licence or permit under section 53 or an authorisation under section 53A; or

        (b)     the person—

              (i)     has unintentionally taken the fish; and

              (ii)     has not killed the fish or put it into a container; and

              (iii)     has immediately taken all reasonable steps to return the fish to its natural habitat with the least possible injury or damage.

Penalty:     In the case of a natural person, 240 penalty units or 2 years imprisonment or both;

    In the case of a body corporate, 1200 penalty units.

Note

Section 3(4) sets out factors that are to be taken into account in deciding whether an activity has caused or is likely to cause a significant detrimental impact on a fish that is a member or part of a listed taxon of fauna or a listed community of flora or fauna.

    (2)     A licence issued under the Fisheries Act 1995 does not authorise the holder to take, trade in or keep fish in circumstances in which the taking, trading in or keeping of fish is prohibited under subsection (1).

S. 53 amended by Nos 92/1995 s. 161(Sch. 2 item 1), 76/1998 s. 9(i), substituted by No. 28/2019 s. 26.