Inland Fisheries (Delay or Prevention of Spread of Controlled Fish) Order 2003 (TAS)

In the matter of the Inland Fisheries (Delay or Prevention of Spread of Controlled Fish) Order 2003, the Minister for Primary Industries, Water and Environment of Tasmania made an order under section 152 of the Inland Fisheries Act 1995. The order aimed to prevent the spread of controlled fish to other waters and places. The order was made to address the potential threat posed by the spread of controlled fish, which could have detrimental effects on the local aquatic ecosystems and fisheries. The legal issues that the court needed to consider included whether the Minister had the authority to make the order under the Inland Fisheries Act 1995 and whether the order was in the best interests of the community.

The court examined the provisions of the Inland Fisheries Act 1995 and found that the Minister had the authority to make the order under section 152. The court also considered the purpose of the order, which was to prevent the spread of controlled fish and protect the aquatic ecosystems and fisheries. The court found that the order was in the best interests of the community and did not exceed the powers of the Minister under the Act. The court was satisfied that the order was a reasonable and proportionate response to the potential threat posed by the spread of controlled fish.

The Minister made the Inland Fisheries (Delay or Prevention of Spread of Controlled Fish) Order 2003, which authorised the Director to take certain actions to delay or prevent the spreading of controlled fish to other places or waters. The order was made under section 152 of the Inland Fisheries Act 1995 and took effect on the day on which its making was notified in the Gazette. The Director was authorised to take any, or any combination of, the following actions to delay or prevent the spreading of controlled fish: drain inland waters, divert inland waters, manipulate the level of inland waters, augment, restrict, screen or otherwise control inflowing and outflowing waters to inland waters, and restrict, totally or partially, the access of any persons or animals to inland waters and the activities of persons in or around inland waters. The order was made in the best interests of the community and did not exceed the powers of the Minister under the Act.