(1)  State waters are –

(a) any waters of the territorial sea of Australia that are –

(i) within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and

(ii) adjacent to the State; and

(b) any marine or tidal waters that are on the landward side of that baseline and are adjacent to the State, except inland waters; and

(c) any land which is swept by those waters to the highest landward extent; and

(d) in relation to a fishery managed under a law of Tasmania under an arrangement, any waters to which the arrangement relates; and

(e) in relation to recreational fishing to which the Commonwealth Act does not apply, any waters to which the legislative powers of Tasmania extend.

(2)  In relation to a fishery managed under a law other than a law of Tasmania under an arrangement, State waters do not include any waters to which the arrangement relates.