Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p24
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 24/46)
Character Range: 287157–289637

may be undertaken in an area of water.
 (4) A person who is fishing in an area of water commits an offence if the person:
 (a) uses equipment that allows the person to breathe under the surface of the water; or
 (b) attracts or takes fish using, or installs, equipment other than:
 (i) a rod and line to which a single hook or fishing lure is attached; or
 (ii) a hand‑held line to which a single hook or fishing lure is attached; or
 (iii) a hand‑held net designed to land a fish caught on a hook or fishing lure attached to a line; or
 (iv) a spear or spear gun of a kind specified in a determination under paragraph 12.35(3)(b) as a spear or spear gun that may be used in the area of water; or
 (c) uses a hand‑held net to take a fish that has not been caught on a hook or fishing lure attached to a line; or
 (d) tethers fish (whether or not alongside a boat).
Penalty: 30 penalty units.
 (4A) Subregulation (4) does not apply to an action taken by a person if the action is in accordance with a determination made under subregulation (3) for the area of water.
 (5) A person commits an offence if, in a Commonwealth reserve, the person:
 (a) uses a live animal as bait for fishing; or
 (b) uses a member of a native species, other than a species of fish, as bait for fishing; or
 (c) leaves a fishing line unattended while the fishing line is being used for fishing; or
 (d) cleans or fillets fish:
 (i) if the person is on land—within 50 metres of any area of water, except at a facility provided by the Director for that purpose; or
 (ii) if the person is in an area of water—within 1 kilometre of land.
Penalty: 15 penalty units.
 (5A) Subregulation (5) does not apply to an action taken by a person if the action is in accordance with a determination made under subregulation (3).
 (6) Notice of a determination under subregulation (3) must be published, unless the determination is made to deal with an emergency that may endanger public safety.
 (7) An offence against subregulation (2), (4) or (5) is an offence of strict liability.

12.36  Commercial activities
 (1) A person commits an offence if the person carries out a commercial activity in a Commonwealth reserve.
Penalty: 50 penalty units.
Note: Subsection 354(1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
 (2)