The Fisheries Act 1904 (SA)
ANNO QUARTO
EDWARDI V11 REGIS.
A.D. 1904.
No. 864. An Act to consolidate and amend the Fisheries Acts, and
for other purposes.
[Assented to, November zgth, 1904.1 E it Enacted by the Governor of the State of South Australia,
follows: | B |
PRELIMINARY.
1. This Act may be cited as " The Fisheries Act, 1904," and is
short titleand
divided into Parts. as follows:- | division. |
DLVISION | I.-Powers | of the Governor: |
DI v I SION | I [.-Powers | of | the Minister: |
L ~ V I S I O N 11 I.-Inspectors | and their Duties. |
PART 111.Licencee:
sv.-Payment | for Cormorants, Turtles, and Tortoises: |
PART v.-Miscellaneous:
ences and P.enalties: |
: |
4" EDWARDI VII, No. 864.
The FisheriesAct.-1904.
-.- | . |
repeal any Proclamation, notification, or regulation heretofore made | ||
under the authority of anv Act hereby repealed. |
Interpretation of
thereunder, the following expressions within inverted commas shall, unless inconsistent with the context, bear the meanings assigned to them, namely :- |
" Authorised purpose "--Any | purpose indicated by the provisions |
of this Act:
" Boat " includes every vessel, barge, or punt:
Close season "-The | period of time during which water is closed |
against the use of any device or the taking of fish:
Crown lands "-Crown | lands as defined in any Crown Lands |
Acts in force in the State:
" Llevice "-All | fixed implements, gear, contrivances, or engines |
used to take fish:
Fish "-All | varieties of fish and crustacea and their roe and |
spawn:
" Fisherman "-Any | person licensed under this .Act: |
" Gazettepy-- The South
Australian Government Gazette:
h e | intended or used for catching fish, to |
which not more than three fishing-hooks are attached:
Hatchery "-Any | water used for the spawning, propagation, or |
culture of fish:
Hauling " includes casting, shooting, fixing, setting, placing, or
staking:
Inspector " includes Chief Inspector of Fisheries, inspectors of |
fisheries, and inspeotors of | fisheries ex oficio: |
Minister "-The | Minister administering this Act: |
Notice "-Notice | in the Gazette: |
Prescribed "-Prescribed | by this Act: |
Proclamation "Proclamation in the Gazette:
Rod and line "-A | single rod and line: |
Take" includes catch, kill, hunt, dredge for, or raise, or attempt
to take, kill, catch, raise, or dredge for:
This Act " includes any Proclamations and Regulations made
under the provisions hereof:
Treasurer "-The | Treasurer of | the State: |
Use "
4" EDWARDI VII, No. 864.
" Use " includes attempt to use or assist in the use of:
" W ater " includes the sea, and it11 bays, gulfs, inlets, and other | watere which ebb and flow over lands in the possession or |
under the control of the Crown, and every lake and lagoon, river, creek, inlet, and pond, the soil or |
" Weight " includes length and size.
ADMINISTRATION.
DIVISION | I.-POWERS | O F THE GOVERNOR. |
purposes of | this Act- |
Inspector and such other Inspectors and |
Officers as may be necessary: |
( b ) By Proclamation declare-
I. Any water to be reserved for a hatchery:
|
be used, or within which i t shall be unlawful to
take. fish:
Any water to be a reserve within which only aboriginal |
natives shall be allowed to fish: |
Close seasons for the protection of fish or any species of |
fish: |
v. Any device to be illegal and liable to forfeiture:
V I. What shall be the lawful length and depth of any devicewhet devices ahall be
and the size of mesh which may be lawfully used for |
the whole or any part of any device, and also the ,,,,, | . | , | ,,. | |
lengths of hauling lines which may be attached | ||||
thereto, and the number of devices that may be | I | |||
attached to each other: |
fish mentioned in |
the Second Schedule hereto, and from time to time vary, | ,,+ |
any such weights: |
(d) Add to the Second Schedule the name of any species of fish, |
and prescrible a minimum weight for taking
same :
24 of this Act.
4' EDWARDI VII, No. 864.
The fiheries Act.-1904.
5, The Minister may- | |
(a) Appoint persons t o issue licences to fishermen: | |
turtles, and tortoises: |
(c) Determine the rate of payment to be made for the destrw- tion of cormorants, turtles, and tortoises: | |
(d) Direct the manner of disposal of any forfeited device or |
fish: | |
(e) Empower any Inspector to enter any place at all times | |
to search for and take any forfeited device or fish, | |
and to search for and seize any device which, in | |
his opinion, is used, or intended to be used, contrary to the provisions of this Act: |
(f) | Issue permits for taking fish from closed water for scientific |
purposes or for stocking other water: | |
N.S.W., | culture, propagation, and catching of fish, and take |
steps for the discovery of spawning places and trawling grounds: |
(i) | .The establishment of a hatchery by the Minister shall have the effect of vesting in the Minister the exclusive |
right during the continuance thereof to stock such | |
hatchery with fish, and to take therefrom any fish, | |
and to sell or otherwise dispose of fish from such hatchery. |
7, Each Inspector, subject to the approval of the Minister, and |
in addition to and without prejudice to any other power vested in
him, shall--
cormorants, | ||
turtles, and tortoises, and issue certificates of destruction of the same in the form in the Fourth Schedule: | |
of this Act who refuses to | |
who, in his opinion, gives a false name and address: | |
(c) Enter any place where fish are sold, or on sale, and examine |
such fish. |
No. 864. |
The Fisheries Act .1904.
or borders of the same, and examine all tributaries, sluices,
N.s.w., Act 119,
and watercourses communicating therewith: |
(c) Enter any fishing-boat:
( d ) Examine any device:
( e ) Demand the production of any licence:
df) And do all other acts and things as he is required to do by |
this Act.
unfit for human consumption. |
.
10. The Chief Inspector shall, as soon as possible after the thirty-Report by Inspector. first day of December in every year, make a report to the Minister
N.B.w., act 119, on the Fisheries of the State, and euch report shall be laid before
Parliament.
PART |
LICENCES.
the prescribed form, and shall continue in force until the thirty- ~ i ~ ~ i, 2 ~ w. | |
first day of December in the year during which the same are granted: Provided that every licence issued in December shall be rn force until the thirty-first day of December of the next year. |
(2) The fee for each licence shall be Twenty Shillings, except inLicencefees. the case of licences issued between July and November (both inclu-
Ibid.
sive), when the fee shall be Ten Shillings. | Such fees shall be paid |
to the person appointed to receive the same, and shall be forthwith |
paid by him into the Treasury.
l |
PART | IV. |
PAYMENT FOR CORMORANTS,
TUR'l'LES, AND'.I'ORTOISES.
fees a sum, to be |
not exceeding Two Pence, for | . |
killed. |
4' EDWARDI VII, No. 864.
turtles, or tortoises hall produce and hand to some authorised person |
produced.
the heads of such cormorants, turtles, or tortoises, and shall make a | |
Peace, in the form or to the effect set forth in the Third Schedule here to. |
cormorante, turtles, or tortoises, sign a certificate in the form in the | |
Fourth Schedule, and shall forthwith forward such certificate, and the |
declaration of the person applying for head money, to the Minister. |
further amount for cormorants, turtles, or tortoises, than the amount which shall for the time being be standing to the credit of moneys paid as licence fees. |
PART V.
MlSCELLANEOUS.
Act 102, 1878, -c. 8. of less than the prescribed weight.
in any water any natural or artificial obstruction prevents |
any fish, the Minister may remove the obstruction |
and secure a free passage of the fish.
used or intended to be used contrary to this Act, shall be forfeited | |
to His Majesty, and shall be disposed of as the Minister may |
The proceeds of |
36. General Revenue.
, |
Vie., | the whole of the fish therein, forfeited. |
other than this Act, may seize any fish or device which he may have |
reason to believe is forfeited or liable to forfeiture. |
have any effect until the expiration of six months from the date | |
and line, or h a n d h e, or a landing-net to secure fish taken with a
rod
EDWARDI .VII, |
The Fisheries Act.-1 904.
rod and line or hand-line or a hand crab-net, nor to anv device used |
solely for catching eels or congolly, nor to any person using a hand
shrimpnet, nor to any aboriginal native taking fish for his own use,
nor to any person taking fish solely for bait, nor to any person taking | |
fish in water of which he is the owner, nor to |
any person having unintentionally taken any fish contrary |
to the provisions of this Act shall immediately return the same to |
the water with as little injury as poseible to the fish, such person | - | - |
shall not be liable to any penalty under this Act.
PART VI.
OFFENCES AND PENALTIES.
24, Every person shall be guilty of an offence against this ActPenalties.
who-
(a) Takes any fish: |
I. Without a licence:
11. During any close season without a permit:
With any illegal device: |
sec. 8.
ing the same to the water: |
the same |
species as any such non-indigenous fish, within three | |
years after the introduction thereof to this State, or any h t h e r period that the Governor may appoint: |
except with a rod and line, hand-line, or hand crab- | |
net: |
(c) Refuses to give his name or address, or gives a false name or
IMW lume. address:
~ ~ ~ e n ~ e. |
(e) Refuses
to deliver up to an Inspectorany forfeited device orForfeit& a. fish:
v)Resists
4' | EDWARDI -VII, No. 864. |
- |
---
i f ) Resists any Inspector in the execution of his duty:
(g) Stakes, fixes, or otherwise sets any device or material across the |
mouth 01 any water or from bank to bank of any channel, creek, stream, or river- | |
111. In such a manner as to delay, injure, or strand any fish,
or to impede the free passage of | fish on either side of |
such device: |
except in the fish, except roe taken for artificial propa- gation or other scientific purpose: | |
distance from the water as to prevent underweight or undersize fish from escaping into the water: | |
weight, undersize, or protected fish: | |
sion any fish under prescribed weight or taken from closed water: |
consumption: |
(m) | Sells, or causes to be sold, consigned, or offered, or exposes for sale, or has in his possession .or control for purposes of sale, any fish known as Crayfish " of a size less than prescribed, or any female of such fish of whatsoever size having eggs or spawn attached: | |
in any place or position whereby any device may be injured |
or damaged: | |
from hauling |
(p) Wilfully disturbs or attempts to catch any fish when spawning, or near spawning beds, except for artificial propagation or other scientific purposes: | |
ueed. |
poisonous or noxious thing, destroys or takes fish, or explodes | |
any substance in, under, or immediately above any water, | |
or places or causes to flow into any water any poisonous or | |
noxious thing, or assists the person committing any such | |
offence: Provided that the Minister may consent, in writing, to any person exploding torpedoes or dynamite |
4' EDWARDI VII, No.864.
Lets out, lends, or hires any licence, or uses or has in his control |
or posseasion any licence not issued to him, or represents | himself to he the person mentioned in any such licence. |
26. Any person who commits any offence against the provisions |
of this Act shall be liable to a penalty of not exceeding Ten | |
Pounds. |
26. Any person who shall wilfully make a false certificate or |
declaration shall be deemed to have committed perjury, and shall be punishable accordingly. Any declaration to be made under Schedule Peace, | , | , | , | ,,,g,w. , | . |
PART VII.
PROCEDURE.
Informations may be laid for any offence against this Act at |
the instance of any person, and all complaints and informations shall
of 88me.
be heard and deteriined, and all moneys, costs, and expenses shall | 1878, |
be recovered, in a summary way before a Special Magistrate or two or more Justices. |
28.
If any person is found in possession of, or has in his boat,Exploaivm inboat.
any explosive substance immediately after an explosion in the vicinity N.S.W. | |
of such boat, it shall be caused such explosion. |
29. | The production of | the |
notice, or regulation appearing to have been made or issued under
evidence.
this Act shall be | such Proclamation, notice, or regulation, and that the same is |
in force. |
30. Any Special Magistrate or Justices of the Peace before
Impriaonmentma~be
whom any proceedings may be taken in respect of any offence |
against the provisions of this Act for which a pecuniary penalty only | W,1 |
is imposed may impose in lieu of any such pecuniary penalty a term
1902, W. aa. of imprisonment not exceeding six months.
any Special |
Magistrate or Justices to the Local Court of Adelaide of Full Juris-
Aot lo2, ,8,8,
diction. | 20. |
32. Such appeal shall be regulated by Ordinance No.6 of1850 Pdmmappal-
and " The Justices Procedure Amendment Act, | 102,1878,~. | 20. |
1,ocal Court may make such order as |
4' EDWARDI VII, No. 864.
The Supreme Court shall deal with such special case accord- ing to the practice of the Supreme Court on special cases, and may make any order as to the costs of the proceedings in that Court and
in the Court below.
Inspector, constable, or other person for or on account of any matter
1890. | or thing done or committed by him or in the esecution of his dut!. | |
or office under this ,4ct shall be commenced within one month after the cause of action or complaint shall have arisen, and not after- |
REGULATIONS.
the various objects, purposes, rights, powers, and authorities of this |
,4ct, including regulations for payment of fees and for penalties not exceeding Ten Pounds for any one offe~~ce, and may from time to time amend or repeal any such regulations.
(1) All regulations shall be published i n ' the Gazette, and | |
shall be laid before both Houses of Parlia~uent within fourteen days after the publication thereof, if Parliament be then sitting, and if not, then within fourteen days after the next Session of Pi~rliament shall begin; and if within sixty days of the laying before Parliament of such regulations either House of Parliament passes a | |
resolution objecting to any such regulations, the same shall (so far | |
as so objected to) thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published by the Minister in the |
have the full force of law from the first date of publication thereof. | |
tion shall be conclusive evidence of the passing of such resolution.
In the name and on behalf of His Majesty, I hereby assent to
this Bill.
GEORGE R. LE HUNTE, Governor.
4" EDWARDI VII, No. 864.
The Fisheries Act.-1904.
SCHEDULES. FIRST SCHEDULE.
............. | " The Fisheries Act." |
455 of | 1889.. .. .. .. .. .. .. | To amend | "The | Fishetiee Act." |
.. .. .. .. .. .. . | To amend | The Fisheries Act." |
SECOND SCHEDULE. |
Minimum Weights a t which Fish are to be taken.
I |
Barracoota. | .. .. .. .. .. .. .. .. .. . | 16 | Rock cod .................... 6 | |||
Murray cod | .................. | 32 |
|
Murrar perch | .. .. .. .. .. .. .. .. | 8 | Whiting, Sand | .. .. .. .. .. .. .. .. |
Pike | .. .. .. .. .. .. .. .. .. .. .. .. | Ii'hiting. .................... |
Schnapper | .................... | 14 | Fiathead .................... 4 |
Bream | .. .. .. .. .. .. .. .. .. . | 8 | Travally ...................... 4 |
Bream, Silver | .. .. .. .. .. .. .. .. | 8 | Silver fish or silver perch. | ....... |
Perch. .. .. .. .. .. .. .. .. .. .. .. . | 8 | Salmon trout.. | ................ | 3 |
Perch, English | .. .. .. .. .. .. .. .. | 8 | Ruff .................,..... 2 |
Flounder | .................... | 4 | Stranger ...................... | 2 |
Sole | .. .. .. .. .. .. .. .. .. .. .. .. | 4 | Mullet | ...................... | |
Ling | .. .. .. .. .. .. .. .. .. .. .. .. | 4 | Garfish | ...................... | 4 |
Butterfish | .. .. .. .. .. .. .. .. .. .. | 32 | Trout, Rainbow and other ...... 12 |
Gurnet or gumard | ............ | 4 | Trumpeter. ................... 4 |
Snook. .. .. .. .. .. .. .. .. .. .. .. . |
Tip o f the Tail.
Crayfish (salt water) | .......................................... |
Prawns ..................................................... |
Murray River lobster (fresh water). | ............................... | 6 | " |
THIRD SCHEDULE.
Declaration o f Destruction.
I, | in the State of South Australia, |
do hereby declare that the
[tot.morants, turtles, or tortoises, as the case muy be] head8by me to Mr.
[name of authorised person to whom declarant delivers heads of
[cormorants, turtles, or tortol'ses, au the case m a y be] which in the said State.
A. B.
Declased at | in the State of South Australia, the |
, |
c. D.,
An Inspector under the provisions of"The Fisheriee Act, 1904 "(or II
Justice of the Peace for the State of South Australia).4" EDWARDI VII, No. 864.
The Fisheries A c t. ] 904.
FOURTH SCHEDULE.
and that the said heads were immediately burned (o r destroyed by means of
)
. | ||||
' + |
0
0
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