Inland Fisheries (Declared Freshwater Fish) Order 2009 (TAS)

The case of the Inland Fisheries (Declared Freshwater Fish) Order 2009 (TAS) involved a legislative order made under the authority of the Inland Fisheries Act 1995. The order was issued by D. E. Llewellyn, the Minister for Primary Industries and Water, and declared certain kinds and species of freshwater fish not to be considered freshwater fish within the meaning of the Act. Specifically, Atlantic salmon (Salmo salar), Brook trout (Salvelinus fontinalis), and Rainbow trout (Oncorhynchus mykiss) were declared to be excluded from the definition of freshwater fish when they were in or had been taken from state waters.

The legal issues the court was required to address included the validity and scope of the order, and whether it appropriately exercised the powers granted under the Inland Fisheries Act 1995. The court had to consider whether the Minister had the authority to make such a declaration and if the process followed was in accordance with the legislative provisions. Additionally, the court needed to determine if the declaration was rational and not beyond the scope of the enabling legislation.

The court found that the Minister had the requisite authority to make the order under section 4(1)(b) of the Inland Fisheries Act 1995, and that the order was made with the agreement of the relevant Minister responsible for the administration of the Living Marine Resources Management Act 1995. The court also determined that the order was rational and within the scope of the Act. The declaration of certain species as not being freshwater fish was deemed necessary for the purposes of managing inland fisheries effectively and preventing the introduction of non-native species into state waters.

The court upheld the validity of the Inland Fisheries (Declared Freshwater Fish) Order 2009, affirming that the Minister had correctly exercised the powers granted to him by the Inland Fisheries Act 1995. The order was deemed to be lawful and in compliance with the legislative requirements.