Section 146A of the Fisheries Act 1994 explains the exercise of power to board a boat or enter the vehicle (Lynch, 1995). Some of the reasonable grounds that must be considered by an inspector before boarding are also mentioned in Section 146A, which includes,
• The inspector must take the consent of the owner of the boat or vehicle before or must be permitted by a warrant before boarding a boat.
• The inspector can only board, if the boat or vehicle comply with the Fisheries Act 1994, and is being used for fishing activities such as purchasing, taking, processing, selling fish, and using fishing apparatus.
• If the inspector has doubts or finds evidence of any commission of an offence by the vehicle owner, they can board.
• The inspector must not board if the boat or vehicle is being used for residential purposes or a caravan.
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- December 19, 2020
- Law