Historical version: 1.10.2005 to 30.11.2007—Regulations revoked
Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 2000
under the Fisheries Act 1982
1 Short title
5 Declaration of exotic fish
6 Exotic fish to which section 49 of the Act does not apply
7 Permit to import, sell etc certain exotic fish
8 Release of certain fish into natural waters
23 Powers of fisheries officer in relation to fish suffering from prescribed notifiable disease
27 Prohibition against importation or possession of live fish
Schedule 1—Prescribed notifiable diseases
Schedule 2—Definition of exotic fish
Part 1—Fish excluded from definition
Part 2—Kingdoms and Phyla included in definition
Schedule 3—Exotic fish to which section 49 of the Act does not apply
Schedule 4—Exotic fish in relation to which section 49 permit will be granted
Schedule 5—Fish prescribed for the purposes of section 50(2) of the Act
These regulations may be cited as the Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 2000.
In these regulations, unless the contrary intention appears—
Act means the Fisheries Act 1982;
environment includes waters and land;
fisheries authority means—
(a) the person or body responsible for administering the laws of another State relating to fishing; or
(b) the CSIRO Australian Animal Health Laboratory (AAHL) Fish Diseases Laboratory (AFDL);
natural waters means any flowing or standing waters occurring from natural causes;
non-natural waters means any flowing or standing waters in existence in any place as the result of non-natural causes;
prescribed notifiable disease means any of the diseases or pathogens specified in Schedule 1;
State includes a Territory of Australia.
5—Declaration of exotic fish
For the purposes of the definition of exotic fish in section 5(1) of the Act, live fish of species (other than species listed in Part 1 of Schedule 2) that are non-autochthonous to this State and belong to a kingdom or phylum specified in Part 2 of Schedule 2 are declared to be exotic fish.
6—Exotic fish to which section 49 of the Act does not apply
For the purposes of section 49(7) of the Act, live exotic fish of the classes specified in Schedule 3 are prescribed.
7—Permit to import, sell etc certain exotic fish
(1) The Director must determine—
(a) an application for a permit under section 49 of the Act relating to a class of exotic fish specified in Schedule 4 in favour of the applicant;
(b) any other application for a permit under section 49 of the Act in favour of the applicant unless satisfied that—
(i) the introduction into this State of exotic fish of the species to which the application relates would create a risk of harm to indigenous fish, or other living resources, of the waters to which the Act applies; or
(ii) there is insufficient scientifically accredited information available within Australia concerning the species to which the application relates to enable the Director to be satisfied that the introduction of the fish would not create a risk of harm to indigenous fish, or other living resources, of the waters to which the Act applies.
(2) The Director may require a person who makes an application to be determined in accordance with subregulation (1)(b) to provide a certificate from a person who is, in the Director's opinion, appropriately qualified to give the certificate, certifying that the species of fish to which the application relates is not likely to create a risk of harm to indigenous fish, or other living resources, of the waters to which the Act applies.
8—Release of certain fish into natural waters
For the purposes of section 50(2) of the Act, fish of the families and species specified in Schedule 5 are fish are prescribed.
23—Powers of fisheries officer in relation to fish suffering from prescribed notifiable disease
(1) If a fisheries officer reasonably suspects that fish kept in waters to which the Act applies are suffering from a prescribed notifiable disease, the officer may examine the fish and may enter land and exercise such other powers as are reasonably necessary for that purpose.
(2) If the fisheries officer is, on examination of the fish, satisfied that all or some of them are suffering from a prescribed notifiable disease, the fisheries officer may take, or direct the person keeping the fish to take, such measures for the treatment or destruction of fish (or both), as the fisheries officer considers necessary to eliminate the disease.
(3) A fisheries officer may take measures for the treatment or destruction of fish under subregulation (2) either immediately or in the event of non-compliance with a direction given by the officer under that subregulation.
27—Prohibition against importation or possession of live fish
(1) Subject to subregulation (2), a person must not—
(a) bring into the State any live fish; or
(b) have possession of any live fish brought into the State,
unless the fish have been certified to be free of prescribed notifiable disease by an officer of a fisheries authority in the State of origin of the fish.
Maximum penalty: $2 500.
(2) Subregulation (1) does not apply in relation to live fish that—
(a) are brought into the State by aircraft; and
(b) are kept in an appropriate container during transit within the State; and
(c) are removed from the container at an airport and subjected to quarantine procedures under the Quarantine Act 1908 of the Commonwealth as in force from time to time.
(3) Subregulation (1) does not apply in relation to live fish brought into the State as aquaculture stock for aquaculture carried on under the Aquaculture Act 2001.