In this Act, unless the context otherwise requires,—

"Collector" means a Collector of Customs, and includes Sub-Collector or other principal officer of Customs at any port:

"Close season" means the time during which it is declared unlawful to take any species of oysters, and applies to such season however the same may be varied or extended:

"Fishery officer" means and includes any officer appointed under section six of this Act:

"Inspector" means an Inspector appointed under this Act:

"Minister" means the Minister for the time being having the charge of the Marine Department, or other Minister from time to time appointed by the Governor to have charge of the administration of this Act:

"Oyster-brood" includes spat, cultch, or any small oysters less in circumference than five inches:

"Oysters" means and includes all kinds of oysters of any description, and all edible shell-fish that may be from time to time declared by the Governor to be oysters for the purposes of this Act:

"Prescribed" means prescribed by this Act or by regulations:

"Take" means and includes "kill," "catch," "dredge for," "raise," or "attempt to kill," "catch," "dredge for," or "raise:"

"Tidal lands" means such parts of the bed, shores, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring-tides:

"Tidal waters" means any part of the sea or of a river or creek which is within the ebb and flow of the tide at ordinary spring-tides:

"Use" includes "attempt to use" or "assist in the use of:"

"Waters" means all salt or brackish waters in the colony or on the coasts or bays or harbours thereof, or in any estuary or tidal river or creek, and includes the sea within one marine league of the coast of the colony.

It shall be the duty of the Collectors and Inspectors respectively within the colony to see that the provisions of this Act are duly carried into effect, and for that purpose they severally shall have and may exercise all the powers granted by this Act in that behalf.

The Governor from time to time may declare any bay, estuary, or tidal waters in the colony to be an oyster-fishery under this Act, and may part the same into subdivisions by distinguishing marks, and prescribe the subdivisions thereof wherein it shall be lawful and unlawful respectively to take oysters.

All such oyster-beds and the subdivisions thereof shall be marked out, as far as may be, as provided in section eighteen in respect of artificial oyster-beds, in such manner as may be prescribed.

The occupier of any lands bordering on the sea or any estuary, or any person, with the consent of such occupier, may apply to the Collector at the nearest port or place for a permissive license to form or plant any artificial oyster-bed on or near the shore adjacent to such lands; and the Minister, on the report of the said Collector upon any such application, may grant such license to the applicant upon such conditions and upon payment of such rent as he may think fit.

Any person who shall obtain from the Minister, in the same manner, a permissive license for the purpose, may form or plant any artificial oyster-bed on or near the shore adjacent to any Crown lands bordering on or near the sea or any estuary.

The person forming or planting any such artificial oyster-bed, his executors, administrators, and assigns, shall hold the same, for such period not exceeding twenty years as the Minister may think fit, as tenant thereof, and at the expiration of the said term the licensee may, subject to the approval of the Minister, obtain a renewal of his license for such further term not exceeding twenty-one years, and at such rental, as shall be decided by the Minister.

But the forming and planting of such artificial oyster-beds as aforesaid shall not give any exclusive right or title to the occupation of the said shore or sea-ground except for the purpose aforesaid, or prevent the full and free exercise and enjoyment of any right whatsoever in or along the said shore or sea-ground, subject to the provisions of this Act.

Where any such oyster-bed cannot be conveniently marked by posts or otherwise on the shore, the same may be indicated by buoys or other floating marks, approved as aforesaid.

Any person who applies or uses, and any licensee who knowingly authorises or permits to be applied or used, otherwise than in manner authorised by this section, any oysters so taken is liable to all the like penalties and consequences to which he would have been liable if this section had not been passed.

Every person who, whilst lawfully taking, catching, or dredging for oysters on or from any natural oyster-bed, raises or takes any oyster-brood, and does not, within six hours thereafter, page 9return such brood to the place whence taken, is liable for every such offence to a penalty not exceeding ten pounds.

But this provision shall not apply to any person lawfully taking oysters or oyster-brood for the purpose only of supplying or replenishing any artificial oyster-bed.

But a person shall not be guilty of an offence under this section if he satisfies the Court that the oysters alleged to have been sold, exposed for sale, consigned for sale, or bought for sale were preserved in tins or otherwise cured out of the colony.

Nor shall a person be deemed guilty of an offence under this section for consigning for sale any oysters within the first fourteen days of any close season for such oysters, if he satisfies the Court that the oysters alleged to have been consigned for sale were actually taken before the commencement of the said close season.

Any Justice of the Peace, upon information on oath that there is probable cause to suspect any breach of the provisions of this Act to have been committed anywhere, may, by warrant under his hand and seal, authorise and empower by name any officer appointed under this Act, or any constable, to enter any dwellinghouse or premises for the purpose of detecting such offence.

And the person so authorised may, at any hour between sunrise and sunset, enter into and search any house, shop, store, tent, or other premises, and go on board of any boat, and search for, seize, and take away any such gear, tackle, or apparatus.

In any such prosecution or proceeding it shall be sufficient to set forth the offence in the words of this Act.

The provisions of this section shall be sufficient authority to the Colonial Treasurer for the issue and payment of any fees to the Treasurer of any local authority, as herein directed, without any further appropriation thereof respectively. All other fees shall be paid into the Public Account and form part of the Consolidated Fund.

No action shall be brought against any Collector, Inspector, or officer appointed under this Act for anything done in pursuance of this Act unless such action shall be commenced within three months after the cause of action has arisen, nor unless notice in writing of such action and the cause thereof is given to the defendant one month at least before the commencement of the action; and the defendant may plead the general issue and give this Act and the special matter in evidence, and the plaintiff shall not recover in such action if tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court after action brought.

If a verdict is given for the defendant, or the plaintiff is nonsuited or discontinues his action, or if judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and, though a verdict is given against the defendant, the plaintiff shall not have costs against the defendant unless the Judge who tries the case certifies his approbation of the action and of the verdict.

• 1866, No. 57.—"The Oyster Fisheries Act, 1866."
• 1869, No. 50.—"The Oyster Fisheries Act Amendment Act, 1869."
• 1874, No. 71.—"The Oyster Fisheries Act Amendment Act, 1874."
• 1884, No. 48.—"The Fisheries Conservation Act, 1884." In part: namely, in so far as relating to matters provided for by this Act.