Fish and Oyster Act of 1914 (5 Geo v No. 23) (Qld)

6224 ss. 1. 2. ELECTIONS.-FISHERIES. Fish and Oyster Act. 5 GEO. V. No. 23, Reprinting Ad. appointed to exercise such right of voting in lieu of the elector may exercise such right. The exercise of any such right shall be without prejudice to any right to vote which such person may have in his own personal capacity as an elector. Regulations may be made by the Governor in Council for giving full effect to this section. 21 In all copies of the Consolidated Acts as amended by this Act hereafter printed by the Government Printer, the sections and subsections thereof shall be renumbered so as to be in consecutive numerical order throughout, and all specific references to any section or subsection by its number in any enactment therein contBoined shall be amended by the substitution of the proper number of the reprinted Act. FACTOJUES Sir 1, . ~ BOrlt FERTILISERS. ,":,'a AGHTCULTl'nx FISHERIES. An Act to Consolidate and Amend the Law relating 5 Ge'. Y. No. 23. to Fish and Oysters. J.J 'fHE [ASSENTED TO 3RD DECE~ IBER, 191 BE FISH AND ACT OY m S ' TE 1R914. it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title 1. This Act may be cited as "The Fish and Oyster amnedncceomme· nt Act of 1914," and shall come into operation on the first of Act. day of January, one thousand nine hundred and fifteen. Di,ision of Act. 2. This Act is divided into Parts, as follows:- PART 1.-, PRELIMINARY; PART H.-GENERAL FISHERIES; PART HI.-OYSTERS; PART IV.-ANCILLARY PROVISIONS.

1914. FISHEmES. Fish and Oyster Act. ss. 3, 4. 6225 PART 1.- PRELIMINARY. 3." he Oyster Act 0/ 1886" * and "The Queens- R 'peal of land Fishe1 'es Act 0/ 1887 "t are repealed: ActR. Provid~d that without prejudice to any provision of " The Acts Shortening Acts"t- (a) All officers appointed under or for the purposes of the said repealed Acts and holding office at the commencement of this Act shall continue in office subject to this Act; (b) All proclamations, notifications, and orders made and issued pursuant to any provision of the said repealed Acts and remaining unrevoked at the commencement of this Act shall continue in force and be deemed to have been made and issued pursuant to the analogous provisions of this Act; (c) Leases and licenses granted under any provi- sion of the said repealed Acts and subsisting at the commencement of this Act shall be deemed to have been granted under th~ analogous provisions of this Act, and shall be subject in all respects to this Act. 4. In. this Act, unless the context otherwise indi- Interpreta- cates, the following terms have the meanings set against ~ t) Vic. N o~ 22, them respectively, that is to . say- S~ 3; f) 1 Vie. N~ ~La " Catchment area"-Any portion of an oyster bank Catchment suitable for the collection of spat on man- area. groves or other timber, shells, tiles, slates, shingles, or other catchment, and licensed or intended to be licensed; "Cultivation"-Oyster spat and oysters the shellscultivatioll. of which are less in length than two inches; "Dredge section"-Land lying below the level of Dre~ ge two feet below low-water mark and leased orsectlOll. intended to be leased for oyster culture; " Fish "-Every description of fish, shellfish, Fish. turtles, crabs, prawns, shrimps, mammals, crustacea, molluscs and sponges, or other marine products, found in Queensland waters, including their spat, spawn, fry, and young: the term does not include oysters; * 50 Vie. No. 22, 8upm, page 772. t 51 Vie. No. 6, supm, page 768. + 31 Vie. No. 6 and amending Acts, supra, page 15.

(j226 s.4. FISHEHIES. PAR'f I.- PRELlMIXARY. Fish and Oyster Act. 5 GEO. V. No. 23, ~~ --- --- --- -- - -~ ~ ~~ - ~ ~ ~ ~ - - ~ ~ ~ ~ ~ ~ ~- FixlJ fLVI}aratuB. "Fixed apparatus" includes any weir, stakes, net, line, implement, device, contrivance, or apparatus fixed or made stationary or partly stationary in any manner whatsoever for taking fish; High wltter. "High water"--The mean height of the higher high water at spring tides; Insppcto!'. Licentied. Lo,v water. " Inspector" ~ An inspector or sub-inspector appointed under this Act: the term includes any member of the police force appointed by the Minister to act as an inspector, and any other person so appointed to act as an honorary inspector, and also any person acting under the direction or in aid of an inspector; " Licensed " ~ Licensed under this Act; " Low water" ~ The mean height of the lower low water at spring tides; Maturing ground. "Maturing ground " ~ Any portion of an oyster bank the bottom of which is naturally suffi- ciently solid to carry oysters to mature, or has been artificially so solidified, and licensed or intended to be licensed; Minister. "Minister"-The Treasurer or other Minister for the time beIng charged with the adminis- tration of this Act; Nef. Oy.ter cultnre. " Net "-A net and all tackle and furniture provided for use or used in connection there- with: "Oyster bank"-Land lying between high-water mark and two feet below low-water mark, and used or intended -to be licensed as a catchment area or maturing ground for oyster culture; " Oyster culture"-The cultivation of oysters and the taking of oysters for sale; Oyster ground. Oysters. "Oyster ground" includes an oyster bank and dredge section, and a public oyster reserve, and any land below high-water mark suitable for oyster culture, or where oysters are found; "Oysters"-Oysters and all brood, ware, half- ware, spat, and spawn of oysters;

1914. FISHEHIES. Pish and Oyster Act. s~ 5. G227 PAF<T 1.- PREI.D!INA RY. "Queensland waters" includes all salt, brackish, Ql1eemlanrl and fresh waters within the territorial limits wat~ r8. of Queensland which are not upon land which is the property of a private person; " Regulations "-Regulations made under the Regulatioll". authority of this Act; "Take," with its derivatives, includes kill, catch, Take. dredge for, raise, collect, gather, obtain by any means, or carry away; " This Act "-This Act and all Orders in Council Thi" Ac f • and Regulations made thereunder; " To place," used in reference to nets and fixed To place. apparatus-To place, set, drive, lay, fasten, or fix; " Vessel" includes a ship, vessel, or boat, of any Ye'sel. description used for any purpose under this Act; but for the purposes of Part Ill. the term does not include a punt capable of carrying not more than three tons and used in collecting or laying oysters only. 5. (1.) The Governor in Cound! may from time to Impl'ctor_, time appoint in.spectors, sub-inspectors, and other officers ~ 5· Vic. N". 2(1. and persons to carry into execution this Act. ".3. (2.) The Minister m8JY from time to time appoint any member of the police force or other person to exercise or carry out all or any of the powers or duties by this Act conferred or imposed upon an inspector. (3.) The Governor in Council may from time to Reserm. time create reserves for all or any of the following pur- poses: -Camping places for oystermen or fishermen; catchment areas for spat; setting and anchoring of nots for taking dugong; formation culture and growth of sponges or other marine products; or for any purposes whatsoever connected with fisheries; and the aforesaid purposes shall be deemed to be public purposes within the meaning of " The Land Act of 1910."* (4.) The Governor in Council may, by notification in the Gazet'e, declare any Crown land to be a public oyster reserve, and to be exempt from any power of leasing or licensing conferred by this Act, and, on the recommenda- tion of the Minister, may cancel any such notification wholly or in part. * 1 Geo. V. No. 15, supra, page 1347

6228 PART II.-- GENERAL FISHERIEK. ss. 6, 7. FISHERIES. -------------------------- Fish and Oyster Act. 5 GEO. V. No. 23, PART n.-GENERAL FISHERIES. Puwer to 6. (1.) The Governor in Council may from time to orepsetrraictiton of time by Order in Council exclude any part of Queensland Part.. from all or any of the provisions of this Part for such . period as is specified in the Order; and during such period this Part or such provisions thereof shall not extend to or apply in such locality. (2.) Moreover, nothing in this Part applies to any person who- (a) Takes fish in water of which he is the owner; or (b) With the written permission of the Minister, takes fish for the bona fide purpose of removing them to stock other waters; or (c) Having unintentionally taken fish contrary to this Act, immediately returns them with as little injury as possible to the water; or (d) Uses a landing net to secure fish caught with a rod and line. Governor in 7. (1.) The Governor in Council may from time to, ~ : ~ hib\ ~ r::: y time by Order in Council prohibit or restrict the taking f r o e r st c ri e c r t ta ~ m 8hing . of all or • any kind of fish in any Queensland water ' s specified lr period. III the Order, eIther absolutely or except by such means ~ ~ ic. No. 6, as are prescribed by the Order. (2.) Any person who- (a) rrakes fish contrary to any such prohibition or restriction; or (b) During any close season for any species of fish, sells or exposes for sale any fish of such species; shall be liable to a penalty not exceeding twenty pounds; and any inspector may seize all such fish. (3.) It is unlawful to take or attempt to take fish with a net in the waters of the Broadwater and the bar entrance thereof, and Nerang Creek, including all tidal creeks, inlets, and lagoons flowing into or connected therewith south of a line drawn in an easterly direction from Loder's Creek, near the railway goods shed, to low- water mark on the eastern shore of Stradbroke Island. Any person who offends against this prohibition shall be liable to a penalty not exceeding twenty pounds; and any inspector may seize every net and any fish in respect of which the offence is committed.

1914. FISHEHIE,s. Fish and Oyster Act. ss. 8, 9. 6229 PART II.- GENERAL FISHERIES. 8. It is unlawful to take, sell, or expose for sale, or Size of fish. have in possession or on any premises- (a) Fish of any of the species mentioned in the First Schedule to this Act· , or [ aSncdhe n d . u ] les T. (b) Fish of any of the species mentioned in the Second Schedule to this Act of a less measure- ment than the measurement set opposite the name of such fish, respectively, in the said Schedule. Any person who offends against this section shall be liable to a penalty not exceeding twenty pounds; and any inspector may seize all such prohibited fish. The Governor in Council may, nevertheless, by Order in Council, from time to time, alter the said Schedules or either of them by omitting any fish therefrom, or by including other fish therein, or with respect to the measure- ment of any fish, or derhue that the said Schedules or either of them, or any part of them or either of them, with or without any such alterations as aforesaid, shall apply only to such parts of Queensland or such Queens- land waters as are specified. 9. (1.) It is unlawful to take or attempt to take fish Size of nets. with a net except of the kind and under the conditions prescribed by an Order in Council issued by the Governor in Council. Every person who acts in contravention of sl1ch Order shall be liable to a penalty not exceeding ten pounds; and any inspector may seize any net used in contravention of such Order, and also any vessel being used in connection with the user of such net. The piacing of two or more nets behind or near to each other, in such manner as practically to diminish the mesh of the nets, or the covering of a net with canvas, or any other artifice which results or is likely to result in diminishing the effective size of the mesh of nets, shall be deemed to be an act in contravention of such Order. (2.) Any person found using any net in Queensland Persons ~ sing waters shall,on request by any l.llspect or, s t at e h· IS name nneatms etoangdIve and place of residence. 5 re 1 s V id l ~ C n . ce N . o. 6, Any person who refuses to comply with such request, S. 9. or gives a false name or false place of residence, shall be liable to a penalty not exceeding ten pounds.

H2BO PART II-- GRNllRAL FISHERIES. ss. 10-13. FISHElUES. Pish ({lid O! ld~ " Art. ~ ~ : ~ ; en. ~ ~ ~ . d. . (3) Any inspector may seize any net wherever found 51 Vie. No. r., whICh IS- B.11. (a) Fitted as a working net; and (b) Appears, either by reason of use, wear, or tan, to have been used or to be intended to be used; and (c) Has its meshes of a size smaller than that allowed by this Act; and any vessel whercon the net is. Emptying 10. (1.) All nets containing fish shall be emptied in ~ ~ t\ h~ cNp. (i, water of sufficient depth to allow of the free escape of all s. G. fish the taking of which is prohibited under this Act. (2.) It is unlawful- (a) To draw or drag on to the land any net containing fish; or (b) To anchor, stake, or otherwise fix any net in any water; or (c) To place any net or fixed apparatus across the mouth of any tidal river, stream, or water- course; or (d) For a licensed fisherman to carry at one and the same time in a vessel a fishing net and also any oysters. (3.) Any person who offends or assists any person in offending against this section shall be liable to a penalty not exceeding fifty pounds. Unmarketable 11. Every person who takes prawns shall riddle them a p l m l< W nv l ed s t t o o be· In the wat er where they aretaken ' In such a manner as ecsacuagphet.when to allow the escape of all prawns which it is unlawful to 51 Vie. No. 6, take. s. 8. Any person who fails to comply with this section shall be liable to a penalty not exceeding five pounds. tEtaoxk b pi e lnog u si s f v l e s e d h s . f n l . ,r t aSSI • S t 1 s 2 ' . InAnpyuttp, ' lenrgs, onm. w Q huoeepnust I sanodr watat t eemrsptasnytoexppu I ot,S . Ivoer ~ ~ J~ c, N". G, poisonous or other noxious material, with intent to take any fish, or whereby any fish may be injured or destroyed, shall be liable to a penalty not exceeding fifty pounds. ;P~ na! ty for 13. Any person who places any stake, stick, pole, l b l y ll f u ix rm £d g nets or 0 ther t hm' g 0 f a ll' ke kind be I ow h1' 9h -water mark, 5iaW~ . No. 6, unless by the authority of the Minister, whereby damage is I. 17. done to any fishing net, shall be liable to a penalty not exceeding twenty pounds, and may further be ordered to

1914. FISHEHIE;;:. Fish alld Oyster Act. ss. 14-16. 6231 PART H.- GgNEqA[, li- ' I~ HE4n- R. make good-, to the owner of the net the amount of the damage done. This section does not apply to the Crown, or to any Department of the Government of the State or of the Commonwealth of Australia, or to any duly constituted Harbour Board or other Harbour authority. 14. (1.) It is unlawful- (a) To have in possession, or construct, keep, or l't,king use in any river, stream, watercourse, or other ~~eh~lVater water, any fixed apparatus for the taking of freshwater fish; (b) To take freshwater fish in any river, stream, watercourse, or other water by any means other than by a hand line with not more than two hooks attached. Any person who offends against this subsection shall be liable to a penalty not exceeding ten pounds. (2.) Any inspector, without any warrant other than this Act, may enter any place and break up and destroy any such fixed apparatus. (3.) This section only applies to such rivers, streams, watercourses, and other waters as the Minister, by notification in the Gazette, from time to time declares. 15. The Minister or any justice of the peace may, by Illegal net, writing under his hand, authorise any person to search for !1~ ed. ay be and seize any net, fixed apparatus, or thing which is 51 Vie. No. 6, reasonably suspected to have been used or to be used in s. 10. violation of this Part. The person so authorised shall for the aforesaid purpose have all the powers and authorities vested in an inspector. 16. (1.) It is unlawful to employ a vessel in Queens- License for land waters in taking fish- _ " 5 v 1 es V se l ! C s . . No. 6, (a) With a net, whether for sale or not; s. ]2. (b) With a line, for sale; unless the owner of the vessel has obtained from the Minister a license to employ it for that purpose. The annual fee payable for such license shall be on~ pound, which shall be paid in advance. (2.) Every such license shall specify the name of the owner and of the vessel, and expire on the thirty-first day of December next following the date of issue. :I

6232 PART 1I.- GENERAL FISHERIES. ss. 17,18. YISHEHIE8. 5 GEO. V. No. 23, Change uf owner8hip. (3.) Any person whose vessel is so employed without a license shall be liable to a penalty not exceeding twenty pounds. (4.) Every change of ownership of any licensed vessel shall be notified to the Minister within one month after such change of ownership; otherwise the vessel shall be deemed not to be licensed. License for fishermen. 51 Vie. No. G, R'. 13, 14. 17. (1.) It is unlawful for any person- (a) To engage in taking fish for sale; 01 (b) To have in possession (unless he is a maker of or dealer in such nets) or to use any net for taking fish; unless he has obtained from the Minister a license for that purpose. The annual fee payable for such license shall be ten shillings, which shall be paid in advance. Employer's license. (2.) Any person who employs any other person in fishing may take out such license for such person, and may from time to time, on payment of a fee of two shillings and six pence, have the name of the person specified in the license changed. (3.) Every license under this section shall specify the name of the person licensed, and shall expire on the thirty-first day of December next following the date of issue. (4.) Any person who engages or employs another person to engage in taking fish for sale, or is found in possession of (unless he is a maker of or dealer in such nets) or using any net for taking fish, without such license, shall be liable to a penalty not exceeding twenty pounds. ~ xclu8ive 18. (1.) The Governor in Council may grant to ~ my W~ A~ ~ SNo. 24, person, on such terms' and conditions as he thinks fit, a 1911, 51. 30. license to the exclusion of all other persons to take, subject to this Act, for any term not exceeding fourteen years, from any specified part of Queensland waters (including the foreshore or adjacent land above high- water mark), not being subject to a subsisting lease or license under this Act, any fish or marine products. (2.) No license shall be granted under this section comprising any length of coast exceeding seventy-five miles. (3.) Save as hereinafter provided, it is unlawful during the currency of any such license for any person except the licensee, his servants or agents, or other persons

FISHERIES. ss. 19-22. 6233 1914. Fish and Oyster Act. - ~ - ~ ~ - - - - - ~ - - - - - - - - - - - - - - - - - PAR'f II.- GESERAL l!'rsHKIUl£S. acting with his' authority, to take any fish or marine products, for which such license has been granted, within the area comprised in such license: Provided that nothing herein shall prevent any person from taking therein any fish or marine products for his personal use and consumption, but not for sale. PART IlL-OYSTERS. PAin III.- OYSTERS. 19. This Part extends to and is in force only in such ! ' : d~ ~ l' 1: IJ~ ~ ports and parts of Queensland as the Governor in Council grder }J . from time to time, by Order in Council, declares. 50vi~ ~ No. 22, •. 31. 20. The Governor in Council may from time to Governor in t l'me, by 0 rder I'nCounO' 1l, proh 1 'b 1 't , for ~ t' lme speOl' fied cCloosuencpillamceay ipn 1 acseucm ' h Q Orudeeern, st 1 hanedtawkaintegrso, f oysters from any specified ipwJOahorVt, lilc y . Noro. in 22, Any person who takes oysters from any place from s. 24. which the taking of oysters is so prohibited shall be liable to a penalty not exceeding fifty pounds. This section does not apply to land comprised within any lease or license granted under this Part. 21. (1.) The Minister may cause to be marked off ( ~ over' : lor in and numbered so many portI'ons 0 f 1 and ly' mg be 1 ow h 1 ' 9 h - O gr o a u n n t ClleIamsea.y, water mark, and being oyster ground other than a public c & u c l . t , u f r o e r . oyster oyster reserve, in any place in Queensland, as he thinks fit. 50 Vie. No. 22, ss. 4, 6. (2.) Leases of dredge sections and licenses of oyster banks comprising land so marked off may be granted under this Part. (3.) Upon the expiration or other sooner determina- tion of any lease or license, the land comprised therein may again be dealt with under this Part. 22. (1.) Subject to this Act, leases of dredge sections Leases of may be granted by the Governor in Council. ~ : :t~ ~~ s. (2.) The lease shall be for the purpose of oyster~ ? : kNo, 22, culture. The regulations may prescribe the method of oyster culture. (3.) The land shall be either opened for application by tender or offered for sale by auction, as the Minister thinks proper, and the regulations may provide for all matters relating to such applications or auction. (4.) The annual rent may be either a sum to be tendered for or bid at auction or ascertained on a basis of royalty payments. In all cases a reserve rent "or royalty shall be fixed by the Governor in Council.

u: ? 8~ P.1IlT IlL- OrSTEHS. s. 22. FISIIEHIES. Fil-ih and Oyste'/' Act. j GEO. Y. ~ o. 23, (5.) The lease shall be for a term commencing upon the day of application or auction, and continuing thence- forth until the thirty-first day of December then next ensuing and for fourteen years thereafter. (6.) The lease shall entitle the lessee to the exclusive right to take and to deposit oysters within the limits of the land comprised in the lease. (7.) Rents and royalties reserved under the lease shall be paid at the time and in the manner prescribed. (8.) The lease may, with the approval of the Minister, be transferred by the lessee. Every suc};l transfer shall be registered in the office of the Minister, and a fee of one pound shall be paid upon such registration. (9.) If it appears to the lVIinister that the lessee has not within a period of one year from the commencement of the term taken proper measures to carry out the conditions of his lease and cultivate the dredge section leased, he may, by notice in writing served on the lessee, or, if he cannot be found, inserted at least three times in a newspaper circulating in the police district nearest to the dredge section, and also published once in the Gazette, call upon the lessee to show cause why the lease should not be cancelled. (10.) Upon receipt of a report from an inspector that a leased dredge section is being so stripped of oysters or otherwise mismanaged by the lessee that the production of oysters thereon has been so reduced as to threaten its partial or total destruction, or that proper steps for cultivation have not after the first year from the com- mencemEmt of the term been taken, the Minister may, by notice served or published as aforesaid, prohibit the further dredging of or removal of oysters from such dredge section, and may by the same or a like notice call upon the lessee to show cause why the lease should not be cancelled. (H.) The Governor in Council may, on the recom- mendation of the lVIinister, by notification in the Gazette, canoel the lease on any of the grounds mentioned in subsections nine and ten hereof: Provided that no such recommendation shall be made until the expiration of one month from the service or publication of the notice to show cause.

1914. FI8HElUES. Fish and Oyster Act. s. 23. G285 PART TII.- OrSTlmS. Dpon the publication of such notification all rights and privileges granted by such lease, and the unexpired term thereof, shall cease and determine. (12.) Notwithstanding the foregoing provisions, any new oyster ground being a dredge section may be leased for a term of seven years to the person finding the same in preference to all other persons at such rent or royalty as the Governor in Council may fix, but otherwise subject to the same conditions as other leases under this Part. 23. (1.) The Minister, or any officer appointed by Lice~se~. the Minister for that purpose, may grant the following ~ ~ ~ ~ ~ ; ~· r i& licenses on payment of the fees hereby prescribed, that is 18.20. to sa v v- (i,) A license permitting the person named therein to take oysters for sale. The annual fee payable for such license shall be five shillings. Any person who employs any other person in taking oysters for sale may take out such license for him, and may from time to time, on payment of a fee of two shillings and six pence, have the name of the person specified in the license changed. (ii.) A license permitting the owner or charterer of any vessel or punt approved by the Minister to employ such vessel or punt in taking oysters for sale. The annual fee payable for every vessel employed in taking oysters for sale shall be fifteen shillings if such vessel does not exceed three tons, and a further sum of five shillings for every ton or part of a ton above three tons: Pr0vided that the annual fee payable for any punt capable of carrying not more than three tons and used in collecting or laying oysters only shall be ten shillings and no more. Every such license shall state the tonnage of such vessel or punt, and the name of the owner or owner and charterer, as the case may be. This subsection does not apply to vessels not engaged in the oyster trade and only carrying oysters as cargo.

62~ 6 PAWl' nI.- OYSTERS. I. 23. FISHERIES. Fish (fIul Oyster Act. ;) GEO. Y. No. 2:3, (iii.) A license permitting the person named therein to occupy land on an oyster bank as- (a) A catchment area; or (b) A maturing ground. Any such license may include any narrow channel or hole containing a greater depth of water than two feet below the level of ]ow- water mark which may lie within the external limits of the land comprised in such license. The annual fee for every license for a catchment area or maturing ground shall be five pounds. Every such license shall define the part of the oyster bank over which such license extends. A license for a catchment area may during its currency or upon renewal be converted into a license for a maturing ground, and vice versa, upon application made in that behalf to the Minister, and on payment in each case of a fee of ten shillings. Lessee or licensee to , cultivate oysters. 50Vic. No. 22, s. 10. A licensee of a catchment area or maturing ground may, subject to the approval of the Minjster and on payment of a fee of ten shillings transfer his license to another person. Every such transfer shall be registered at the office of the Minister and endorsed on the license. Every such licensee shall cultivate oysters thereon in the method prescribed. If any such licensee neglects to cultivate oysters thereon as aforesaid, or so strips the oysters off his oyster ground as to threaten its partial or total destruction, his license may be cancelled. (2.) Every such license shall be numbered and registered at the office of the Minister, and shall contain the name of the person to whom it is issued. Expiry and (3.) All such licenses shall expire on the thirty-first fi~ ~ ~ ~ e~ ~ of day of December next after they are granted; and the 50Vic. No. 22, Minister or his said officer shall renew every such license for s. H. the ensuing year, and so from year to year, if the licensee applies before the thirty-first day of December and pays the fee for the ensuing year :

1914. FISHERIES. Pish and Oyster Act. ss. 24, 25. 6237 PART III.- OYR'I'RRS. Provided that the renewal of a license for a catch- ment area or maturing ground may be refused by the Minister upon six months' notice to the licensee. 24. (1.) The owner of any land abutting on the fore- Owners when shore shall have a preferential right to obtain a license ~ ~ ~ ~ ; : ntial for a catchment area or. maturing ground ?ver such part ll~ e~ s! ~ . of the oyster bank adJacent thereto as IS not already 50 Vie. No. 22, . licensed under this Act: s. 21. Provided that- (a) Such preferential right shall not extend to any part of such bank distant more than forty chains from high-water mark; and (b) The license or licenses held by such owner shall not in the aggregate be for a greater extent of oyster bank than thirty chains in length along the shore and ten chains in width. (2.) If such owner does not take out a license when called upon to do so by the Minister, he or his said officer may issue licenses to any other persons who apply for the same. 25. Whenever the Minister, upon the report of an When oyster inspector, is satisfied that the whole or a~ y part of any t~O~l~~e:ray oyster ground, whether under lease or lIcense or not, has from any cause been reduced to such a state that the taking of oysters therefrom ought to be suspended, or that the oysters thereon are in such a condition as to be not fit for consumption as food, he may recommend the Governor in Council to prohibit the taking of oysters from such ground, and thereupon the Governor in Council may, by notification in the Gazette, prohibit, for any term not exceeding three years, the taking of oysters from such ground. Any person who, without lawful authority, at any time during the period mentioned in such notification, takes or attempts to take oysters from such ground shall be liable to a penalty not exceeding twenty pounds. And any inspector may seize all oysters and the bags and packages containing them found in the possession of any person so offending. The Governor in Council may, in like manner, rescind, wholly or in part, any such notification: Provided that when on oyster ground under lease or license such reduction has, in the opinion of the Minister,

6288 PAR'r IlI.- OYSTERS. ss. 26-29. FISHEHIES. Fi8h and Oyster Act. ;) GEO. Y. No. 23, resulted from natural causes only, such as floods or disease, the Governor in Council may release the lessees from pay- ment of rent or royalty for the period of such suspension. Usirg unlicensed vessels, &c. 50Vic. Nc>. 22, s. H). 26. Any person who- (a) Employs or uses in taking oysters for sale any vessel or punt which under this Part requires to be licensed without holding a license for the same; or (b) Takes oysters for sale without being licensed; shall be liable to a penalty not exceeding ten pounds. Illegally 22, taking, &c. 50Vic. No. s.11. 27. It is unlawful for any person- (a) To take and carry away oysters from any oyster ground not under lease or license; or (b) To take and carry away oysters from any retaining wall or other harbour work con- structed in any place by the Crown or any Government Department or any Harbour Board. Any person who offends against, or employs or induces any person to offend against, this section shall be liable to a penalty not exceeding twenty pounds. Licenses to 28. Every person found taking or carrying away ~ g Vi~~Nc~. d22, oysters for sale shall produce his license when demanded R. 22. by any officer of the Harbour Department or any inspector. Any person who without lawful excuse fails to pro- duce his license when so demanded shall be liable to a penalty not exceeding five pounds. Selling oysters 29. (1.) Any person who removes, except for purposes ~ ; ~ ci. fiedTsi" e. of cultivation only within the State, or sells or exposes for " 5 . 0 1 V 2 I . C. No. 23 ' sa 1 e, oyst el's t.he she 11 s \ ofwh" lC hareIe" ss In 1 ength than t wo inches, or such other measurement as may be prescribed by the Governor in Council by Order in Council, shall be liable to a penalty of ten shillings for every dozen of such oysters so found in his possession. And any inspector may seize every bag or other package or receptacle containing oysters, and every heap or other collection of oysters in which any such oysters are found. (2.) Any inspector may examine any oysters taken, carried away, or exposed for sale.

1914. FISHElUES. ss. 30-35. 6289 , ~ ,- - -- , -, - - - ' - - - ~ - - - - - - - Fish and Oyster Act. PAR'r III.- OYSTERS. 30. Any inspector may, by an order, prohibit a Restriction on Il" Censee f rom removI . ng cuIt"IvatIOn f rom a mat urm" g b, ankrecumltoivvaatiloonf. comprised within his license to any other oyster ground. Any licensee who disobeys any such order shall be liable to a penalty not exceeding twenty pounds. 31. Every lessee and licensee of oyster ground shall Lessee to have put a mark or brand upon every bag or other package or~ ; gt~ ~: ed recep t ac 1 e I " n w h" lC I 1 h" IS oys t ·ers are carrl . e d . b50raVndid. No. 22, Such mark or brand shall be registered at the office of s. 13. the inspector of the port in which the oysters are taken. Any inspector may seize every bag or other package or receptacle of oysters found which is not so marked, and the oysters contained therein shall be laid down on such oyster reserves as the inspector may point out. 32. Subject to this Act, all oysters of whatever kind Oystera to be being within the limits of any oyster -ground under lease f: s~ ~ ~ r~ ~ of ~ r license shall be the absolute property of the lessee or ~ ~ Vi~ ~ eNo. 22, lIcensee, and in all courts, and for all purposes, shall be s. 29. deemed to be in the actual possession of the lessee or licensee, as the case may be. 33. Any person, not being the lessee of a dredge u nauthori;sed sect I·On, or some person emp 1 oyed"In d red gm" g and aut, h 0- d p r e e r d s ~ o e n . susmg rised to dredge by such lessee , who has in any vessel or s 5 . 0 2 V il I , C. No.22, punt or uses, unless by special permission in writing from the Minister or any officer appointed by him for that purpose, a dredge or other implement for taking oysters, shall be liable to a penalty not exceeding fifty pounds, and any inspector may seize such dredge or other implement. 34. Any person who, on being charged before a Persons J . Us t" we 0 f t he peace W"Ith haV' lng oysters'1n hIS'· posseSSI.On uinnlpaowssfuesllsyion which may reasonably be suspected of being stolen orof oysters. unlawfully obtained, does not give an account to the satisfaction of such justice how he came by the same shall be liable to a penalty not exceeding twenty pounds. 35. Any person who- Disturbing ( i . ) Wilfully disturbs or in]' ures any oyster ground l o e . a vs s t e ~ h r o b ld edosr. under lease or license, or hauls a net over 50 Vie. No. 22, any ground marked off as an oyster bank or ss. 2D, 26. such portion of a dredge section upon which cultivation is laid, unless for the purpose of carrying out improvements to the navigation or other public works duly authorised by the Governor in Council, or for any lawful purpose of navigation or anchorage; or

( ) ~ 40 PAIH IIT.- OYSTERS. ss. 36-39. FISHEIUES. Fish ([nd Uystn Act, j GEO. Y. :\0. 2; ~ , Dec1 1 ing widl dis a,ed oy"ters. (ii.) Without the permission of the Minister or any officer appointed by him for that purpose, transfers oysters affected with any disease from any oyster ground under lease or license to any other oyster ground; or Burning 0yster shell, kc. 50 Vie. No. 22, s. 25. (iii.) Burns oyster shells for any purpose, or collects or obtains oyster shells below high-water mark; shall be liable to a penalty not exceeding fifty pounds. Cutting mangroves, ke. 36. Any person who cuts, lops, burns, removes, or otherwise injures or destroys any mangroves or other timber growing upon any part of the foreshore of any Queensland waters shall be liable to a penalty not exceeding twenty pounds. This section applies only to such parts of the said foreshores as are described in an Order in Council made by the Governor in Council in that behalf. Vessels to be 37. Every vessel or punt employed in taking or in : ~ ~ ~ kb~ ~ : d~ d carrying oysters shall have painted upon each bow, above 50Vic. ~o. 22, the water line, in block capital letters and figures of not H. 14. less than four inches in length, in either black upon white ground or wh'te upon black ground, its registered number prefixed by the letters "O.B."; and such letters and numbers shall be kept so painted during the whole time the vessel is licensed. Any person who uses any vessel not so marked for the purpose of taking or carrying oysters shall be liable to a penalty not exceeding five pounds. This section does not apply to vessels not engaged in the oyster trade and only carrying oysters as cargo. What ground 38. In every lease or license of any oyster ground t ~ r o a b m e leexarsleuedr, d adJ' acent to private property issued to any person other license. than the owner thereof, there shall be excluded from such lease or license such area as is considered by the Minister sufficient for the private use of such owner for access to his property. Persons may 39. Nothing in this Act shall render liable to any ftaokr e thoeyirsto e w rs n punishment any person who takes oysters from any public consumption. oyster reserve or any Crown land for his own personal consumption on the spot: Provided that if such oysters are in a spawning condi- tion, or have spat attached to them, any inspector may, by a notice stuck up on the land, prohibit the taking of

-- - -~- -- ---- 1914. FISHEIUES. Fish and OysteT Act. ss. 40-43. ti241 P.\R1' III.- O' RTER~ . oysters therefrom; and every person who, contrary to such prohibition; takes oysters therefrom shall be liable to a penalty not exceeding five pounds. PART IV.-ANCILLARY PROVISIONS. PART lV.- ANCILLARY PRonS! oN~ . 40. Any person who by any act or omission is guilty ~ ene{ tl of any contravention of any provision of this Act with lena y. respect to which no express penalty is provided shall be liable to a penalty not exceeding twenty pounds. 41. All penalties recovered under this Act shall be Applica;tim paid into the Treasury. . ~ / orfeltur" s, All fish, oysters, nets, dredges, fishery imp'lements, ~ . 12i~ c, X.J. G, vessels , punts , gear , tackle " utensils or other things forfeited 5 0 5V li: : i ic. ~o. 29, under this Act shall be disposed of in accordance with any" . general or special direction of the Minister, and if sold the proceeds shall be paid into the Treasury. 42. All offences against this Act may be heard and Juris~ ictim de t ermm . ed by any polr' ee magI.strate, .wh 0 ma;y f or t ha t ~ of a~ p ~ o t h r ca a~ . purpose, any Act to the contrary notwlthstandmg- ;." 14. 1C• ~o. 2, (a) Hear and determine the matter at a~ y place within Queensland where the offend r is, or where any vessel or punt connected ith any offence under this Act is found, or at lny place in Queensland appointed for holding ourts of petty sessions; and (b) Make such orders for the safe keeping, detention, seizure, forfeiture, or sale of vessels! punts, articles, and things as he thin4s fit. 43. If any person appears to an inspecto~ to have Summa~ y commI. tted an 0 ffence agam. st t h I ' S Aet, t h e ' tnspec t or l f ' o l' r otcrfieadlmogf s may- I offence3. (a) Without summons, warrant, or other process, ~ ~ ~ ~ c. Xo. 20, take the offender and, if necessary, thervessel or punt to which he belongs 8Jnd the cre thereof before. a police magistrate, either a a place appointed for holding courts of petty sessions or not, and the police magistrate shall then and there hear and determine the matter in a summary manner; or (b) By writing under his hand, which writing shall~ for all purposes, have the force and effect of a summons issued by a court of petty I sessions, require the offender and, if necessary, tIlE' master and crew of the vessel or punt to which

G2±2 PART IV.- Al\OILLAl(¥ Pnonsro:ss. s.44. FISHEHIE:'. P·ish and Oystf}, Act. 1) GEO. V. No. 2;3, he belongs to proceed with or without the vessel or punt to the most convenient port or place at which a police magistrate is stationed, there to appear before the police magistrate on a date to be specified in such writing to answer for· such breach, and the police magistrate shall hear and determine the matter in a summary way under" The Justices Acts, 1886 to 1909."* In any case the inspector may detain the vessel or punt and all articles and things connected with or reasonably supposed to be connected with the alleged offence until the alleged offence has been adjudicated upon; and for that purpose the inspector may order such vessel or punt or articles or things to be taken to a place which in his opinion is most convenient for safe custody, and every such order shall be obeyed by the person in whose possession they are. General powers of inspectors. 44. (1.) Any inspector, with or without warrant, in addition to such other powers or duties as from time to time devolve upon him under this Act, may- (a) At any time, stop, enter upon, examine, and search any vessel or punt used in connection with any fish or oysters; (b) At any time, search and examine all bags, baskets, carts, or other receptacles for holding or carrying fish or oysters or suspected so to be; (c) Between sunrise and sunset, enter any building, house, shop, tent, store, or other premise's, and search for any fish or oysters which may have been taken, or any net or other fishery imple- ment which is reasonably suspected of having been used or prepared for use contrary to this Act, and seize, take away, and detain the same pending proceedings ; (d) Seize any vessel, punt, net, gear, tackle, dredge, windlass, trawl, or other fishery implement or fish or oysters which any person is using or has obtained, or is suspected of using or having obtained, contrary to this Act; (e) Arrest any person found offending against this Act whose name and address are unknown to him. . - - - - . - ~ - . -- - . - - . ~ - - - - . - - - - - - - - - * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

FISHERIES. ---------- - - - - 1914. Fish alld Oyster Act. s.45. 6243 PAlI'r IV.- A1'iUILLARY PHOYISro:\'S. (2.) Any inspector who has reasonable grounds to suspect that there is kept or stored or had in possession by any person, in or upon any building, hut, tent, or camping place or other premises, or any vessel or punt, any explosive poisonous or other noxious material for any purpose contrary to this Act, or in respect of which there has been a contravention of this Act, may at any time- (a) Enter upon and search such building, hut, tent, camping place, premis0s, or vessel or punt, and any box or package there; and (b) Seize any such thing found there; and (c) Arrest any person found there or who is apparently in occupation of or charge of the building, hut, tent, camping place, premises, or vessel or punt, or in possession of such thing. And if such person does not give an account to the satisfaction of the adjudicating court of such thing being in the place where it was so seized or of his possession of it, he shall be liable to a penalty not exceeding ten pounds. (3.) Any inspector may at any time- (a) Stop any person whom he suspects of carrying or conveying any explosive poisonous or other noxious material for any purpose contrary to this Act; and (b) Search such person and interrogate him as to the contents of any package or as to anything then in his possession; and (c) Examine any such package or thing; and (d) Seize any explosive poisonous or other noxious material found in his possession and the package containing the same. (4.) Where under this Act an inspector is empowered to seize any thing, such power shall extend to and include any bag, package, or receptacle, and any heap or other collection containing such thing; and, in addition to any penalty to which any offender may be liable, such thing and such bag, package, receptacle, heap, or collection con- taining it so seized may, upon conviction of the offender, be forfeited by the adjudicating court. 45. Any person who- Obstructing ( 1) Resists or obstructs an inspector in the per- i 5 n 5 sp V ~ l c C t . o N r, o. & 2 c ! . l, formance of any of his duties under this Act; @. 17. or

6211 PART IV.- AKCILLARY PROnSIO: - - ; ~ . SS. 46·48. FISHERIES. Pi"h and Oy.<trJ' Act. 5 GEO. V. No. 2; ~ , (2) Being lawfully required, refuses to produce. to an inspector anything which the inspector is by this Act authorised to require to be pro- duced to him; or (3) Refuses to ,give to an inspector any information which the inspector is authorised to require from him; or (4) Gives false information in answer to any lawful inquiry made by an inspector; or (5) Disobeys any order lawfully givep by an inspector in writing under his hand; shall be liable to a penalty not exceeding twenty pounds. Pc-;iL.tion of vntHS. 46. Any person who discharges into any tidal or inland waters or into any watercourse, whether dry or not, leading into the same, from any mining works, paper mills, gas works, saw mills, or other manufactory, or from any boiling-down or wool-washing establishment, or from any source whatever, any deposit of filth, refuse, or other matter deleterious to fish or oyster life, or to the growth and development of oysters, or who drowns or destroys any animal on oyster ground under lease or license, or deposits thereon any dead carcass, shall be liable to a penalty not exceeding fifty pounds. ~ J: ~ ~ ~~ eor ';l7. An'y holder of a lease or ~ cense ';lnder this Act com·.i?ted to who IS convICted of an offence agamst thIS Act shall be ~ ( r, Ji~ . eN~: I;, liable, at the discretion of the Minister, to have his lease ". w. or license cancelled in addition to any other punishment that may be inflicted upon him. l; ~ ; I~ ~ ~ eOl' Any holder of a lease or license under this Act who COll\'icted is convicted of stealing fish or oysters from any area l: ~ ~ ~ i8~ ~ ment under lease or license granted under this Act shall have or penalty. his lease or license cancelled and be liable to imprison- ment for a term not exceeding one year and be liable to a penalty not exceeding fifty pounds. Any person not being the holder of a lease or license who has been so convicted shall be liable to imprisonment for a term not exceeding one year and be liable to a penalty not exceeding fifty pounds. vMesassetler of p"im,i facie o li f a f b en le ce f s or 48. When an offence against this Act has been com- mitted by a person employed in or in connection with a vesseI or punt, t he master or person f or the tI.me being ~ ; ' ! : ~ l~ eydees. in charge of such vessel or punt s~ all also be guilty of the 5c) Vie. No. 29, offence unless he proves that he Issued proper orders for 8. 19. the observance, and used all reasonable means to enforce

FISIlEIUES. 1914. Fish (tnd Oyster Act. ~ ~ - - - - - - ~ - - - - - - - - - --- --- --- -- - - ss. 49-52. GU5 ------- --PART TV.-- A:<CILLARY PuonslO:"S. the observance, of this Act, and that the offence in question was actually committed by some other person without his connivance. 49. (1.) An inspector may, by notice in writing Returns. served on any person, require such person to furnish to him or to some other person or officer specified by him a true weekly statement in writing of all fish or oysters taken or consigned or received, whether as principal or agent or salesman, by such person, showing the quantity of each species of fish or oysters and the waters in which they were taken respectively. (2.) If any person after the service of such notice upon him fails to comply with the requirements of such notice, he shall be liable to a penalty not exceeding ten pounds. 50. Service of a summons or other process or of any Service?f no t l ' Ce or 0 ther d ocument under th' IS Act may be made 5 p 5 ro V ce ie e . dm N g o. ,;. 2H, upon the person to be served by leaving a copy of it for s. 18. him at his usual or last known place of abode or business, or on board of any vessel or punt in or in connection with which he is usually employed, with the person being or appearing to be in command or charge of such place of abode or business or vessel or punt, or by sending it by post in a prepaid registered letter addressed to him at his last known place of abode or business. 51. In any proceeding under this Act- 5 E ( v ) V id i e c n . c N c. o. 22, (a) The burden of proving that any person is a 5l-iic. No. ", licensed person or the owner of a licensed vessel s, 20. or punt shall lie upon the person alleging it , . s 5 . 51V0.ic. No. 29, (b) In which it is material to show that any person or vessel or punt was engaged or employed or used in taking fish or oysters for sale, or that any person offered or exposed fish or oysters for sale, the burden shall lie on the person in whose possession such fish or oysters are found of showing that they were not taken for sale or offered or exposed for sale. , 52. The Governor in Council may from time to time Power to ma k e reg ul a t I ' Ons provl 'd m ' g f or a II or any purposes, mreagkuelations. whether general or to meet particular cases, that may be ~ . Oiic. No. 22, convenient for the administration of this Act or that 512~ ic. No. 6, may be necessary or expedient to carry out the objects R. • and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect

6'246 s.52. FISHElUES. PART IV.- ANCIU,AHV I'ROVISIOJO:,·. Fish alld OystrJ' Act. ;) GEO. Y. ~ o. 23, - -- ~ -- - - of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying. such omission or insufficiency. Such regulations may provide a penalty not exceeding fifty pounds for any breach thereof. All such regulations shall be published in the Gazette, and when so published shall have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatever. All such regulations shall be laid before both Houses of Parliament within forty days of the pUblication thereof if Parliament is then sitting, or, if not, then within forty days after the commencement of the next ensuing session of Parliament. [&e s. 8.] CeratoduR. Female Crabs. :::;CHEDULE 1. [See s. 8.] 8CIIEDULE H. Inci1l'';. 8quire 8 Mullet 8 Bream 8 Flathead 12 Sole 7 Whiting 8 Gal'fi"h ~ Biackfish Tailor ::It n Perch Ued Rock Cod 8 n Black Rock Cod 12 Jewfish 12 Barramundi 12 Salmon 12 Trevally !) John Dory ... 9 Murray Cod 15 Fresh Water Perch 9 Orabs Prawns 5 It Note as to Measuremcnt.-All fishes, except Garfish, Prawns, and Crabs, are measured over all-that is, from the point of the snout to the end of the tail. Garfish are m~ asured from the tir of the upper jaw to the end of the upper half of the tail; Prawns from eye to tip of tai ; Crabs at greatest measurement aeros. shell. . FRIENDLY SOCIETIES. See SOCIETH s. GOVERNMENT LOAN. See LOANS.