Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p23
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 23/46)
Character Range: 284911–287364

fishing
 (1) This regulation applies to fishing other than commercial fishing.
 (2) A person commits an offence if the person takes fish in a Commonwealth reserve in contravention of a determination made by the Director under subregulation (3).
Penalty: 50 penalty units.
Note: Paragraph 354(1)(a) of the Act provides that a person must not kill, injure, take, trade, keep or move a member of a native species in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A sets out the offence in relation to that paragraph.
 (3) For subregulation (2), the Director may determine in writing:
 (a) that an area of water is an area where fishing is prohibited at all times, at specified times or during a specified period; and
 (b) for an area of water where fishing is allowed:
 (i) that specified kinds, quantities or combinations of fishing gear must not be carried or used; and
 (ii) that specified kinds, quantities or combinations of fishing gear may be carried or used; and
 (iii) that specified kinds, quantities or combinations of fishing gear must be carried or used by a person who is fishing or intending to fish; and
 (iv) that specified methods of taking fish may, or must not, be used by a person who is fishing or intending to fish; and
 (v) that equipment that allows a person to breathe under the surface of the water may be used; and
 (vi) the kind of fish that a person may take, or must not take; and
 (vii) the maximum number of fish, or maximum number of a species of fish, that a person may possess in a day; and
 (viii) the minimum or maximum size of fish, or minimum or maximum size of a species of fish, that a person may take; and
 (ix) the maximum number of fillets of fish, or the maximum number of fillets of a species of fish, that a person may possess in a day; and
 (x) the minimum or maximum size of fillets of fish, or minimum or maximum size of fillets of a species of fish, that a person may possess; and
 (xi) that, if a person stores any fish in a freezer, the fish must be stored in bags clearly marked with the name of the person who owns the fish; and
 (xii) the type or origin of bait that may be used; and
 (xiii) that the cleaning or filleting of fish 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;