Part 5BFreshwater fisheries
Miscellaneous provisions
26ZPDetermination of closed seasons for fishing
The Director-General may, by notice,—
- determine a closed season for fishing 1 or more species of freshwater fish (other than sports fish) in an area for a period not exceeding 5 years; or
- extend or vary a determination or vary a determination that has been extended so long as the total period of the closed season does not exceed 5 years.
A notice—
- must state the purpose of the closed season, the species of fish and the area to which the closed season applies, and the duration of the closed season; and
- does not take effect until—
- the notice has been published under the Legislation Act 2019; and
- 2 consecutive Saturdays (including the day it is published if that is a Saturday) have passed since the notice was first published.
- the notice has been published under the Legislation Act 2019; and
A person commits an offence who, without authorisation under this section, takes, possesses, or in any way injures or disturbs a fish to which a closed season applies.
Every person who commits an offence against this section is liable to a fine not exceeding $5,000, and to a further fine not exceeding $20 in respect of every fish in relation to which the offence was committed.
Any person who, during any closed season, is found in possession of any fish shall be deemed to have taken or obtained that fish during such closed season until the contrary is proved.
The Director-General may, on application, give a person written authorisation to take fish to which a closed season applies if satisfied that—
- the taking of the fish is consistent with the purpose of the closed season; and
- the person has met the requirements (if any) set out in regulations.
An authorisation may be subject to any conditions or restrictions specified by the Director-General or in regulations.
A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare
- 1983 No 14 s 85(2)–(7)
Notes
- Section 26ZP: inserted, on , by section 17 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 26ZP(1): replaced, on , by section 12(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
- Section 26ZP(2): replaced, on , by section 12(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
- Section 26ZP(2)(b): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 26ZP(3): replaced, on , by section 12(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
- Section 26ZP(5): amended, on , by section 12(2) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
- Section 26ZP(6): inserted, on , by section 12(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
- Section 26ZP(7): inserted, on , by section 12(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
- Section 26ZP(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).