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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:

  1. You took or destroyed a fish
  2. The fish was in water that was private property, and
  3. You did so wilfully

Defences to the charge include:

  1. Duress, and
  2. Claim of right, which means you genuinely believed you were legally entitled to the fish

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