Inland Fisheries (Inland Waters) Order 1997 (TAS)

The Inland Fisheries (Inland Waters) Order 1997 was issued by the Minister for Inland Fisheries, T. John Cleary, under section 5 of the Inland Fisheries Act 1995. This order was made in agreement with the Minister responsible for the Living Marine Resources Management Act 1995. It defines inland waters for the purposes of the Act and specifies the areas that fall under the jurisdiction of the Inland Fisheries Act 1995. The order was notified in the Gazette on 26 February 1997 and is administered by the Department of Environment and Land Management.

The primary legal issues addressed by the order revolve around the definition and scope of "inland waters" as outlined in the Inland Fisheries Act 1995. The order seeks to clarify and specify the waters that are subject to the regulations and management under the Act. This includes waters that are landward of the seaward limits of rivers, as specified in the order made under section 6(1) of the Act, as well as waters landward of the seaward limit of a river referred to in section 6(3) of the Act.

The court considered the necessity of providing a clear and definitive definition of "inland waters" to ensure proper administration and enforcement of the Inland Fisheries Act 1995. The order was issued to address any ambiguity in the previous definitions and to provide a comprehensive list of areas that fall under the jurisdiction of the Act. The court found that the order was necessary to ensure that the provisions of the Act were applied consistently and effectively across the relevant waters.

The final orders confirm the definition of inland waters as specified in the order and clarify the areas subject to the Inland Fisheries Act 1995. This includes waters that are landward of the seaward limits of rivers specified in the order and waters landward of the seaward limit of a river referred to in the Act. The order ensures that the Act applies uniformly to all relevant inland waters, providing a clear framework for the management and regulation of these waters.