substitute
Part 6 Aquaculture
46 Meaning of aquaculture
In this Act:
"aquaculture"—
(a) means the farming of fish or aquatic vegetation for trade, business or research; but
(b) does not include—
(i) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially); or
(ii) anything done in maintaining a collection of fish or aquatic vegetation that is not used for a commercial purpose; or
(iii) an activity prescribed by regulation.
47 Aquaculture guidelines
(1) The conservator may make guidelines about how aquaculture may be undertaken in the Territory (the aquaculture guidelines ).
(2) In preparing aquaculture guidelines, the conservator must consider the following:
(a) any possible biosecurity risks;
(b) the species and numbers of fish suitable for aquaculture.
(3) An aquaculture guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
48 Aquaculture limit
A regulation may prescribe a threshold capacity over which a licence authorising aquaculture is required (an aquaculture capacity limit ).
49 Aquaculture offences
(1) A person commits an offence if—
(a) the person undertakes aquaculture; and
(b) the person does not comply with the aquaculture guidelines.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person undertakes aquaculture; and
(b) the capacity of the structure used to contain fish for the aquaculture is more than the aquaculture capacity limit; and
(c) the person does not hold a licence authorising the person to undertake the aquaculture.
Maximum penalty: 100 penalty units.
(3) In this section:
"aquaculture capacity limit"—see section 48.