AustLII Tasmanian Consolidated Acts

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LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 130

Destruction of noxious fish

(1)  A fisheries officer may –
(a) seize and destroy any live noxious fish; and
(b) take possession of any fish the fisheries officer reasonably suspects are noxious fish.
(2)  The Minister, by notice in writing, may require the owner or occupier of premises on which noxious fish are found to take any specified measures to destroy the fish within a specified period.
(3)  If a person fails to comply with a notice, a fisheries officer may –
(a) enter the premises, if they are not used for residential purposes; and
(b) take any appropriate measures to destroy any live noxious fish found on those premises.
(4)  Compensation is not payable for –
(a) the seizure or destruction of live noxious fish; or
(b) the destruction of other live fish if that destruction could not reasonably be avoided in destroying the noxious fish.
(5)  Any costs reasonably incurred in taking any measures –
(a) are payable by the owner or occupier of the premises; and
(b) are recoverable as a debt due to the Crown by the owner or occupier in a court of competent jurisdiction.


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