Taking Fish from Private Waters
Taking fish from private waters is an offence under Section 512 of the Crimes Act 1900 which carries a maximum penalty of the fish’s value, plus 0.1 penalty units, which is currently $11.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You took or destroyed a fish
- The fish was in water that was private property, and
- You did so wilfully
Defences to the charge include:
- Duress, and
- Claim of right, which means you genuinely believed you were legally entitled to the fish
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