(1) A person must not
bring into the State, or a particular area of the State, a live fish of a
species not endemic to the State, or that area of the State, other than in
accordance with —
(a) the
written approval of the CEO; or
(b) the
written authority of the CEO under subregulation (2); or
(c) an
aquaculture licence.
(2) An application for
an authority under subregulation (1)(b) —
(a) is
to be made to the CEO in a form approved for that purpose by the CEO; and
(b) is
to be accompanied by the fee set out in item 15 of Part 2 of
Schedule 1.
(3) An approval or
authority under subregulation (1) is subject to any conditions specified
in the approval or authority by the CEO.
(4) The CEO may vary
or cancel a condition specified in an approval or authority under
subregulation (1) by notice in writing given to the holder of the
approval or authority.
(5) The CEO may vary
or cancel an approval or authority under subregulation (1) at any time by
notice in writing given to the holder of the approval or authority.
(6) A person must not
contravene an approval or authority issued under subregulation (1).
(7) A person who is in
possession of a fish of any species of fish not endemic to the State, or the
area of the State where the person is in possession of the fish, must destroy
the fish if the fish is found to be infected with any disease, unless
otherwise approved in writing by the CEO.
(8) The species of
fish listed in Schedule 10 are to be taken to be not endemic to the State
for the purposes of the Act, but Schedule 10 is not a conclusive list of
species of fish which are not endemic to the State for the purposes of the
Act.
Penalty: $10 000.
[Regulation 176 amended: Gazette
6 Jul 2007 p. 3389‑90; 9 Jun 2009
p. 1912.]