Freshwater Fisheries Regulations 1983

42 Culverts and fords

(1)

Notwithstanding regulation 41(2)(d), no person shall construct any culvert or ford in any natural river, stream, or water in such a way that the passage of fish would be impeded, without the written approval of the Director-General incorporating such conditions as the Director-General thinks appropriate.

(2)

The occupier of any land shall maintain any culvert or ford in any natural river, stream, or water (including the bed of any such natural river, stream, or water in the vicinity of the culvert or ford) in such a way as to allow the free passage of fish:

provided that this requirement shall cease if the culvert or ford is completely removed or a written exemption has been given by the Director-General.

(3)

A person who contravenes this regulation commits an infringement offence and is liable to—

(a)

an infringement fee of $800; or

(b)

a fine imposed by a court not exceeding $1,600.

Regulation 42(3): inserted, on 3 February 2020, by regulation 20 of the Conservation (Infringement Offences in Regulations) Amendment Regulations 2019 (LI 2019/326).