Fisheries Act 1878 (SA)

,4NNO QUADRAGESIMO P R I M 0 XT QUADRAGNSTMO

SECUNDO

No. 102.

Aft Act for the Pmtectio~t and I'reseraation of Fish.

[Assented to, 22nd October, lh78.J

HEREAS it is neccssnry that means should bc adopted to Preamble.

the waters of thc l'rovincc of South Australia occasionecl by the	W prevcnt as wcll tlic \vanton destruction and waste of fish in
improper use of nets aiici other dcvices cnqdoyed i n catching and tdiirig the same, and of cxplosiw m c l other n o ~ i o ~ ~ i substances, as the protection thereof in certain placcs and during t crtain seasons-
Bt. it therefore Enacted bv the Governor of the Province of South Australia, with the advice and consent of the Lrgidatiuc Council and IIouse of Assembly, in this presrnt Parliament assembled, us follows:

102-A IV. The

1. The following words and esprcssions in this 4 c t sllall have Interpretnt~on.

the several meanings hereby assigned to them, unless there be

something in the subject or context repugnant to or inco~sistent

with such construction-

r. The word " take" shall mean and include ': catch" or '' dredge "Take."

for0 or L' raise":

I I. The expression fixed engine" shall include any net, irnple- " Fixed en6ine."

ment, device, or contrivance fixed to the soil, or made stationary or partly stationary in any way or manner for the purpose of taking fish:

1113 The word ';waters7' shall include salt and fresh waters, and "Waters.',

any bay, estuary, or othcr inlet of the sea, but not any water

or waters the property of any private individual:

41" tk 42" VICTORI2, No. 102.

The Fisheri~s A c i. 1 8 7 8.

Boat." zv, The word " boat" shall include any barge or vessel of any

tonnage, construction, or description:

"Use." v. The word " use " ahail include attempt to use " or assist in

the use of ":

vr. The word "Commissioner" shall mean the Commissioner of

Crown Lands and Immigration.

Nets or fixed engines	2. Whosocvcr shall use for the purpose of catching fish any net distance from the mouth of
not to bc used in
rivers, &c,	or fixed engine in any river, creek, lakc, or stream, or within such

any r i ~ p r, creck, or stl earn, ;LS Inay he

proclai~ilcd by t X K G ovcrnor as hercinafte~ provicietl, &all for every such offencc bc liablc to a penalty of not less than Two Pounds nor more than l'wenty Pounds; and thc Ins1)ector of Fislwics or any of his assistants, or :my person nntl~orisecl hy tho Cammissioncr, may dcstroy any such fixcd n@w; and the materials of which the

same shall bc made sllall be forfcitecl, ancl dlall be disposed of' as the

Forfeiture of nets.	Cominis~ioncr may direct; ancl nct? wllic11 IIRW lwen USNZ coiitrary to tllc lx~visions of this Act may at the o!)tion of the Justices before whoin any person is convicted of an crfeilce against this Act be forfeited, and every net so forfcitcd shall be disposed of as the Commissioner may dirc~ct.
Se'arch for nets.	3 The Commissioner or any Jnstice of the Peaw may authorise in m-itiug any persoxl to scarch for or scize any nct which has been forfeited as aforesaid, ancl the person so authorised inay a t m y time between sunrise and sui~set entcr into and search any house, store,
shop, tent, or other yremiscu, and go on 1,onul of any boat and
search for and scizc and take away m y sucll net.
4. I t shall bc unlnwful to drag or draw on to the. dry land any net containing fish; but all sucll nct; shall bc ~ml,t ied in the water; ocd any person offending against, or assisting my person offrntling

E ~ n p t ~ i n g nets.

against this section, shdl for w w y s11ch offi~licle bc: liable to a pcnnlty

of not less t1~a.n Two Founds, nor n l o ~ than '!h-cnty Pouncls.

Per~ons found using 5. Any person using any net 01% fixcd enghc, shall on tiemmd by any person be bonw1 to give hi-: ilanw i!~ld -$RCC

net to give name and	of residenct>; and
addresr~.

any person who slinll refuse to c o m p l ~ with .inch demand, or who shall give a false name or false place of rrsillellcr, shall be liablc to a penalty of not less tkair l'mo Po~uids nor more than Twenty Pounds.

introduced fish not to 6. If any person shall knowingly take, or assist in talring, or

be taken.	attempt to take; any fish not indigenous to thc waters of South Aus- tralia, or any fish of the same species as any such non-indigenous fish introduced into such waters within three ymrs after the introdi~ction
thereof, or within such further time as the Go~7evnor rnay by Pro- clamation published in the Go?w-mzent tiaxedfe appoint: or if any person shall inadvertently capture any such fish and shall not' forthwith return the sarnc to the tvalcr in which they were captured, such person shall for c r r q such offencc be liable iio a penalty of
Tweilty Pn~ulds. 7. TVhoso~vrr

41" & 42' VICTORIE, No. 102. 3

The Ei'sheries A c t. 1 8 7 8. b

- -

7. Whosoever shall put, or attempt to put, or assist in putting, or Ex1)losiveorpoisonous material not to b 3 put

shall permit or suffer to flow or be put into any of thc waters of the in , said province, any explosive, poisonws, noxious, or deleterious matcrial or substance whatsoever with intent t o destroy any fish therein, shall be guilty of a felony, and being con~icted thereof shall be liable to be imprisoned for m y term not exceeding four years with hard labor. . , , , ,

8. If any person shall take, sell, or expose for sale, or have in his s m d fish not to be

taken.

possession any fish of the species mentioned in the Schedule to this Act, of a less weight than the weight set after thc namc of such fish in such Scl-iedule, or than any we~ght which may for the time being hc snhstituted for snch weight by thc Governor, or of >t less size than may Fe for the time being prcscrihcd by any Proclalrlution of thc Governor, as hereinafter provided, such person shall for rvery sue11 offence be liable to a penalty of riot move than Twmty Po~mds,

and all such fish and all. fish rni~tit~ined in every basket or other

receptacle of fish containing m o r ~ of si1(:li fish tlmi m e - t w ~ n t i ~ t h of' the whole number of fish contailled in such basket or receptacle shall be forfeited, a n d the Inspertor of Fisheries and every assistant

of such inspector or constahl(1 inay seize the same.

season for any species of fish, any fish of such species, snch pcrson cluring close season. 9, If any person take, sell or expose for sale during any close Firhnot to be taken

shall for every snch offence be liable to a penalty of not more than Twenty Pounds, and all such fish shall bc forf'citcd, and the Inslmtor of ~isheries and every assistant to such inspector or con5tablr may seizc the sctrncA.

10. All fish forfeited and seized undru the psoviaions of this Act, DiswfJ of forfcitca Gsh.

inay be disposecl of in accordailcc with any gl?wrcil or spc-lcinl

directions of the C;on~missioncr.

11. The Governor from time to timr~ n q apl)oint some person to Govcrnormnvappoint

bc lnspector of b'isheric~, ancl also sornr3 lrcrsun or pcrsous as nssistnnt I ns lw to1 of .Fiaherie%.

or assistanis to such illspector, and every person so aplmintcd may remove, and cvcry S L I C ~ ap~~ointment arid remol a1 shall be notified in the Governrne~tt G!mel te; and it shall bc the duty of such inspector and of every such assistant to enforce compliance with the provisions of this Act. And all constables are hereby required to nicl and assist the said inspectors or assistants in cxccuting his or their cluties under this Act.

12. All prosccu tions and proceedings under t h i ~ ,4ct may be in l'rocccdinffs to be in

the name of the Commissioner, or of any officer appointed under nameof Commissioner

this Act, or nominated in writing for that p u ~ pose by the said

Comn~issioner .

13. The Governor from time to time by Proclamation to be 1)uF- Governor may m&

lished in the Government Garcttq, may substitute other weights for Froclam,ztion.

the weights set opposite the names of every or any of

the species ol'

fish

41' & 42' VICCTORIB, No. 102.

The Fisheries A c t. 1 8 7 8.

fish mentioueci in the Schedule h~reto, or f o ~ the weights snbstituted for any of such weights by any previous Proclamation; and may prescribe for every or any of the species of fish in the said Schedulc mentioned a less size than which it shall be unlawful to take, sell, or expose for sale or possess fish of such species, and may for any species of fish prescribe a close season" or close seasons " in every year, and may define the limits of and what waters shall be decmcd to be and what shall be deemed to be the mouth or other boundary

of any river, creek, stream, bay, estuary, or lake, and may define the

waters and fix a distancc from the mouth of any or every river, creek,

or stream, within which nets and fixed engines are not to be used.

~ c t not to apply in 14. Rothing in this Act shall apply to any person using a landing net to secure fish caught with n rod and line, nor to any fixed engine used solely for catching eels, nor to any person using a hand shrlmp net, nor to any aboriginal native taking fish f a his own use, nor to

certain cases.

any person taking fish in water of which he Is the owner, nor to any

person anthorisetl by sricll owner to take fish in such water, nor to any person with tllc written permission cf the Corllmissioncr catching fish for the bond fide purpose of removing thcm to stock other waters, or otherwise in the discretion of' the Cm-missioner, nor to any nets, engines, or boats used or fish takeil by such person, nor to any person who, having unintcnionally taken any fish contrary to the provisions of this Act, shall immediately return the same with as little injury as possible to the waier.

A prehension of	15. The Inspector of Fisheries and every assistant to such in- spcctor or any coxastable with or without warrant may seize any net or nets which any person found offending against any of the provisions of this: Act may be using, and may also with or without ~vnrra~it apprehend any person vhose name and address are unknown
oJenders.
to him, and who is found offeririirig against any of tht. provisions of
this Act.

Offenders may be 16. If thc inspector or person in charge of the police station in

aan'"tcc'tO bRil by

inspector.	which such pcrson is detained see fit so to do, he rna) liberate such person on his nmlringdcposit of 'I'cn Ponrlds, or on his own recogniznnce
in the like sum corrditioned to appear before some Justice, and such
deposit if such person shall fail to appear at thc placc a d time notified by the J&SOO'L taking the same shall be absolutely forfeited, and such recognizance shall bc made or be in such form and re- coverable in the same manner as any recognizance now or hereafter may be if taken and acknowledged before some Justice.

oeenoemvbeset 17'. Undcr this Act in every complaint or information for any

Act. forth in words of this penalty or forfeiture, and in every conviction or warrant of commit-

n~eiit for any pe:lalty, i t shall be sufficient to set forth the offence in

the words of this Act.

Want of formnot to 18. No warrant of commitment for any offence under this Act

proceed-

ings.

shall be held void by reason of any defect in such warrant, nor shall

any

41" & 42" VICTORIIZE, No. 102.

The Fisheries A c f. L 878.

any party be ell titled to be discharged out of custody on account of any such defect, provided it be alleged in such warrant t h t the said party has been convicted of such offence, m d provided i t shall appear to thc Court or Judge before whom such warrant is returned that such conviction proceeded upon good grounds.

19. Illformations may be laid for any ofknee against this Act a t who may lay infor-:

the instance of any person, and all fiucs and pcilnltics for any such offence, a d all sums of money payahle as and for compensation under the provisivtis hereof, may be recovered in a snnimary way, before any Special Magistrate or two Justices of the Pc;tcc, nnder sumnraryprocedore,

the provisions of an O&nance, No. 6 of 1850, " To fa.cilitatc the performance of the duties of Justices of' the Peace out of' Session,

with respect to summary convictions and orders," or of any ~ c t

herraftev to be in force for facilitating the duties of Justices of the Pcacc with respect to summary convictions and orders; and all convictions ailcl orders inay be enforced as in the said Orclinauce or Act, is mentioned.

20. 'I'hcrc slinll bc an nppcvtl froin ally oldcr or conviction of any lippeal.

Sl)(~ci:tl Magistrate 01. Justices under tliis At[%, o~ from any ordcr

clismissiiig any i~iforinntion, or for tlic 1)t~yiiicut of costs, or otl~erwise,

which l s l d bc to tliv Trml &mt-t of Adcl;~i&: of Pldl Jurisdiction on!\-, n11d tllc 1,~wccdillps uil sl~cti appeal shall h coilducted in 1rl"mner appointed I)? the sail1 Ordinaiicc, KO G of 1,950, for appeals: to Local Coarts. or by any, ic t amending the sarnc; but snch Local Court of' -iclt~Iairlc, aforcsxid, may iliakc snch orcler as to t l ~ c payment of tile costs of nypeal as it shall think fit, although such costs may excccci Ten Pounds.

23. This Act may for all purposes be cited as " The Fiulleries slrort title.

Act."

I n the name and on behalf of Her Mqcsty, I hereby assent to

this Bill.

WM. F. 1)LtUMMONL) JERVOIS, Governor.

SCHEDULE,

The F d z e r i e s Ac t.-1878.

SCHEDULE .

Ounaes .

Murray Cud ........................... .. ...... .. 16

Mupray Perch ...................................... 8

Pike .............................................. 12

Schnapper .......................................... 8

h e a m ............................................ 4

Bream. Silver ..................... .... ............ 4

Perch .............................................. 4

Perch. English ...................................... 4

Flounder .......................................... 3

Sole ............................................. 3

Ling ................................. ..... .. .. .. 4

Butter Fish ....................... .. .... .. .. .. .. . 4

Ciurrret. or Gurnard .................................. 4

Rock Cod ......................................... 4

GatFish ............................ ;. ............. 4

Whiting. Sand ...................................... 2

Whiting ..................... .... ................. 3

Flafhead .......................................... 3

Travele ............................................ 3

Silver Fish. c. r Si lv~r Perch ............................ S

Salmon T r o u t .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2

Ruff. or Roughy ................................... 2

Stranger	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	2
Mullct	.. .. .. .. .. .. .. .. .. .. .. .. . a. .. .. .. .. .. .. .. .. .	2

Gar Fish .................................... .. ... 1

... -p----- . . --

.. ........ -. .

............

Adelaide : By authority, E, SPILLER, Acting Government Printer, North-terrace.