Fisheries Act 1994 (Qld)

Fisheries Act 1994

An Act for the management, use, development and protection of fisheries resources and fish habitats, the management of aquaculture activities and helping to prevent shark attacks, and for related purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Fisheries Act 1994.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Division 2 Objectives

3   Particular purposes of Act

(1)The main purpose of this Act is to provide for the use, conservation and enhancement of the community’s fisheries resources and fish habitats in a way that seeks to—

(a)apply and balance the principles of ecologically sustainable development; and

(b)promote ecologically sustainable development.

(2)In balancing the principles, each principle is to be given the relative emphasis appropriate in the circumstances, having regard to ensuring access to the fisheries resources is allocated in a way that maximises the potential economic, social and cultural benefits to the community.

(3)Despite the main purpose of this Act, a further purpose of this Act is to reduce the possibility of shark attacks on humans in coastal waters of the State adjacent to coastal beaches used for bathing.

(4)Subsections (1) and (3) do not limit the purposes of this Act.

(5)In this section—

ecologically sustainable development means using, conserving and enhancing the community’s fisheries resources and fish habitats so that—

(a)the ecological processes on which life depends are maintained; and

(b)the total quality of life, both now and in the future, can be improved.

precautionary principle means the principle that, if there is a threat of serious or irreversible environmental damage, lack of scientific certainty should not be used as a reason to postpone measures to prevent environment degradation, or possible environmental degradation, because of the threat.

principles of ecologically sustainable development means the following principles—

(a)enhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations;

(b)providing fairness within and between generations;

(c)protecting biological diversity, ecological processes and life-support systems;

(d)in making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations;

(e)considering the global dimension of environmental impacts of actions and policies;

(f)considering the need to maintain and enhance competition, in an environmentally sound way;

(g)considering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

(h)that decisions and actions should provide for broad community involvement on issues affecting them;

(i)the precautionary principle.

3A   How particular purposes are to be primarily achieved

(1)The main purpose of this Act is to be primarily achieved by providing for—

(a)the management and protection of fish habitats; and

(b)the management of commercial, charter, recreational and Indigenous fishing; and

(c)the management of aquaculture.

(2)The main purpose of this Act is to be achieved, so far as is practicable—

(a) in consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or Indigenous fishing and the community generally; and

(b)using a transparent and responsive approach to the management of access to fisheries resources.

(3)The further purpose of this Act under section 3(3) is to be primarily achieved by the chief executive establishing and managing a program for particular coastal waters of the State adjacent to coastal beaches used for bathing.

(4)The program is the shark control program.

Division 3 Interpretation

Subdivision 1 Dictionary

4   Definitions

The dictionary in schedule 1 defines particular words used in this Act.

Subdivision 2 Key definitions

5   Meaning of fish

(1)Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives—

(a)in water (whether freshwater or saltwater); or

(b)in or on foreshores; or

(c)in or on land under water.

(2)Fish includes—

(a)prawns, crayfish, rock lobsters, crabs and other crustaceans; and

(b)scallops, oysters, pearl oysters and other molluscs; and

(c)sponges, annelid worms and holothurians; and

(d)trochus and green snails.

(3)However, fish does not include—

(a)pests under the Medicines and Poisons Act 2019; or

(b)animals prescribed by regulation not to be fish.

(4)Fish also includes—

(a)the spat, spawn and eggs of fish; and

(b)any part of fish or of spat, spawn or eggs of fish; and

(c)treated fish, including treated spat, spawn and eggs of fish; and

(d)coral, coral limestone, shell grit or star sand; and

(e)freshwater or saltwater products declared under a regulation to be fish.

(5)A regulation under subsection (4)(e) may declare a product to be fish only—

(a)for a particular provision of this Act; or

(b)if the product is used for a particular purpose.

(6)Subsection (5) does not limit the Statutory Instruments Act 1992, section 24 or 25.

6   [Repealed]

7   Meaning of fishery

Fishery includes activities by way of fishing, including, for example, activities specified by reference to all or any of the following—

(a)a species of fish;

(b)a type of fish by reference to sex, size or age or another characteristic;

(c)an area;

(d)a way of fishing;

(e)a type of boat;

(f)a class of person;

(g)the purpose of an activity;

(h)the effect of the activity on a fish habitat, whether or not the activity involves fishing;

(i)anything else prescribed by regulation.

8   Meaning of marine plant

(1)Marine plant includes the following—

(a)a plant (a tidal plant) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen;

(b)material of a tidal plant, or other plant material on tidal land;

(c)a plant, or material of a plant, prescribed by regulation to be a marine plant.

(2)Marine plant does not include a plant that is—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or

Notes—

1See the Biosecurity Act 2014, schedule 1 or schedule 2.

2See also the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

9   [Repealed]

Division 4 Operation of Act

10   Act binds all persons

This Act binds all persons, including the State.

11   General application of Act

(1)This Act applies to persons, things, acts and omissions on or in—

(a)land within the limits of the State; and

(b)Queensland waters.

(2)However, this Act does not apply to—

(a)activities to which a Commonwealth law cooperative fishery applies; or

(b)the taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth), for the purposes of a Commonwealth law Torres Strait cooperative fishery; or

(c)the landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10(2)(c) of the Commonwealth Fisheries Act; or

(d)exclusive Commonwealth matters for a State law cooperative fishery; or

(e)the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004.

(3)This Act also applies to—

(a)recreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and

(b)activities in the Australian fishing zone to which a State law cooperative fishery applies.

(4)Subsection (3)(a) does not apply to recreational fishing regulated by a Commonwealth plan of management.

(5)Subsection (3)(b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery.

(6)In this section—

adjacent area for Queensland has the meaning given by the Petroleum (Submerged Lands) Act 1967 (Cwlth).

Australian fishing zone has the meaning given by the Commonwealth Fisheries Act.

Commonwealth fishing concession means a fishing concession within the meaning of the Commonwealth Fisheries Act.

Commonwealth law cooperative fishery means a Commonwealth–State fishery managed under Commonwealth law.

Commonwealth law Torres Strait cooperative fishery means a fishery managed under Commonwealth law under an arrangement under the Torres Strait Fisheries Act 1984, part 3.

Commonwealth plan of management means a plan of management within the meaning of the Commonwealth Fisheries Act.

exclusive Commonwealth matter, for a State law cooperative fishery, means any of the following matters—

(a)foreign boats;

(b)operations on and from foreign boats;

(c)persons on foreign boats;

(d)for activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters.

recreational fishing has the same meaning as in the Commonwealth Fisheries Act.

State law cooperative fishery means a Commonwealth–State fishery managed in accordance with State law.

12   When Act does not apply

This Act does not apply to—

(a)the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or

(b)the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person’s control, put the fish or plants back immediately they come into the person’s possession; or

(c)the use of a hand net to lift from water fish taken by other fishing apparatus; or

(d)the use of a gaff to secure fish taken by other fishing apparatus.

13   Exemptions from Act

(1)A regulation may exempt a person from this Act or a provision of this Act.

Examples—

1A regulation may exempt a person who keeps live fish, for sale, in a pet shop or restaurant from all provisions of the Act.

2A regulation may exempt a person from all provisions of the Act for the use or possession of specified fishing apparatus.

(2)The exemption may be given on conditions stated in the regulation.

(3)A person must not contravene a condition of an exemption that applies to the person.

Maximum penalty for subsection (3)—200 penalty units.

14   Defence for Aboriginal peoples and Torres Strait Islander peoples for particular offences

(1)It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove—

(a)the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and

(b)the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and

(c)depending on whichever of the following applies—

(i)for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters;

(ii)for an offence relating to the keeping of fisheries resources—

(A)the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and

(B)at the time of the offence, the fisheries resources were not in prescribed waters.

(2)However, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Ailan Kastom.

(3)In this section—

prescribed fishing apparatus means—

(a)fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or

(b)fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section.

prescribed waters means waters—

(a)that are regulated waters under a regulated waters declaration; and

(b)that are prescribed specifically under a regulation for the purpose of this section; and

(c)where the taking of any fish, or the possession of any fish taken, by any person is prohibited.

Part 2    Functions of Minister

Division 1 Harvest strategies

Subdivision 1 Preliminary

15   Definitions for division

In this division—

approved harvest strategy policy means the document called ‘Queensland Harvest Strategy Policy’—

(a)approved by the Minister; and

(b)published on the department’s website.

public notice means a notice published—

(a)in a newspaper circulating generally throughout Queensland; and

(b)on the department’s website.

Subdivision 2 Harvest strategy

16   Approval of harvest strategy

(1)The Minister may approve a harvest strategy prepared by the chief executive if the Minister is satisfied—

(a)the harvest strategy is consistent with the main purpose of this Act; and

(b)this subdivision has been complied with for the harvest strategy.

(2)As soon as practicable but no more than 3 months after the chief executive gives the Minister a harvest strategy prepared under this subdivision, the Minister must—

(a)approve the harvest strategy; or

(b)approve the harvest strategy subject to stated changes being made to the strategy; or

(c)decide not to approve the harvest strategy.

(3)If the Minister approves the harvest strategy (including subject to stated changes being made), a copy of the approved harvest strategy must be published on the department’s website.

(4)The Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made.

(5)The public notice must state—

(a)the reasons for the Minister’s decision; and

(b)if the Minister approves the harvest strategy (including subject to stated changes being made)—that a copy of the approved harvest strategy is available on the department’s website.

17   Preparation and notice of draft harvest strategy

(1)The chief executive may prepare a harvest strategy complying with section 19 for a fishery.

(2)In preparing the draft harvest strategy, the chief executive must comply with the approved harvest strategy policy.

(3)The chief executive must give public notice of the draft harvest strategy stating—

(a)the fishery to which the draft harvest strategy applies; and

(b)that a copy of the draft harvest strategy is available for inspection, without charge—

(i)during normal business hours at each office of the department; and

(ii)on the department’s website; and

(c)that written submissions may be made to the chief executive about the draft harvest strategy within a stated reasonable period of at least 28 days after the notice is published on the department’s website.

18   Preparation and submission of final harvest strategy

(1)This section applies if the chief executive prepares a draft harvest strategy for a fishery under section 17.

(2)The chief executive must prepare a final harvest strategy complying with section 19 for the fishery.

(3)The final harvest strategy must be prepared having regard to each submission made about the draft harvest strategy within the period stated in the public notice.

(4)The chief executive must give the Minister—

(a)the final harvest strategy; and

(b)a written report about—

(i)the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and

(ii)other consultation undertaken by the chief executive in preparing the draft or final harvest strategy.

19   Content of harvest strategy

(1)The draft and final harvest strategy must state—

(a)the fishery to which it applies; and

(b)the ecological, economic and social objectives for the fishery; and

(c)the allocation of access to fisheries resources for the fishery—

(i)to each fishing sector; and

(ii)to another purpose or group of persons (if any); and

(d)a framework for the management of the fishery, including—

(i)the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and

(ii)the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and

(iii)how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and

(iv)action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved.

(2)The draft and final harvest strategy may also—

(a)state when the performance of the fishery must be assessed under section 25; or

(b)state when the harvest strategy must be reviewed under section 26, which must be at least once every 5 years; or

(c)provide for other matters for achieving the main purpose of this Act.

Subdivision 3 Amendment of harvest strategy

20   Amendment of harvest strategy

(1)The Minister may approve an amendment of an approved harvest strategy prepared by the chief executive if the Minister is satisfied—

(a)the harvest strategy, as amended, would be consistent with the main purpose of this Act; and

(b)this subdivision has been complied with for the amendment.

(2)As soon as practicable but no more than 3 months after the chief executive gives the Minister an amendment of an approved harvest strategy prepared under this subdivision, the Minister must—

(a)approve the amendment; or

(b)approve the amendment subject to stated changes being made to the amendment; or

(c)decide not to approve the amendment.

(3)If the Minister approves the amendment (including subject to stated changes being made), a copy of the approved amendment, and a copy of the approved harvest strategy including the amendment, must be published on the department’s website.

(4)The Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made.

(5)The public notice must state—

(a)the reasons for the Minister’s decision; and

(b)if the Minister approves the amendment (including subject to stated changes being made)—that a copy of the approved amendment, and a copy of the approved harvest strategy including the approved amendment, is available on the department’s website.

20A   [Repealed]

21   Preparation and notice of draft amendment

(1)The chief executive may prepare an amendment of an approved harvest strategy.

(2)In preparing the draft amendment, the chief executive must comply with the approved harvest strategy policy.

(3)The chief executive must give public notice of the draft amendment stating—

(a)the approved harvest strategy to which the amendment applies; and

(b)that a copy of the draft amendment is available for inspection, without charge—

(i)during normal business hours at each office of the department; and

(ii)on the department’s website; and

(c)that written submissions may be made to the chief executive about the draft amendment within a stated reasonable period of at least 28 days after the notice is published on the department’s website.

(4)Subsection (3) does not apply to a minor amendment to—

(a)correct an error in the approved harvest strategy; or

(b)make a change other than a change of substance.

22   Preparation and submission of final amendment

(1)This section applies if the chief executive prepares an amendment of an approved harvest strategy under section 21.

(2)The chief executive may prepare a final amendment of the harvest strategy.

(3)The final amendment must be prepared having regard to each submission made about the draft amendment within the period stated in the public notice.

(4)The chief executive must give the Minister—

(a)the final amendment; and

(b)a written report about—

(i)the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and

(ii)other consultation undertaken by the chief executive in preparing the draft or final amendment.

Subdivision 4 Implementation of harvest strategy

23   Action under Act must be consistent with harvest strategy

(1)The chief executive or another person involved in the administration of this Act must not make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy.

(2)Subsection (1) does not apply to a person acting under a direction given under section 24.

24   Ministerial direction about action inconsistent with harvest strategy

(1)The Minister may direct the chief executive or another person involved in the administration of this Act to make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy if—

(a)the chief executive or other person is authorised to make the decision or do the thing under this Act; and

(b)the Minister is satisfied making the decision or doing the thing is consistent with the main purpose of this Act.

(2)The chief executive or other person must comply with the direction.

(3)The direction remains in force for 3 months after it is given.

(4)The Minister must give public notice of the direction within 14 days after the direction is given.

(5)The public notice must state—

(a)the direction and to whom it has been given; and

(b)the reasons for the direction; and

(c)the period for which the direction remains in force.

Subdivision 5 Reviews relating to harvest strategy

25   Assessment of performance of fishery

(1)The chief executive must assess the performance of a fishery against the approved harvest strategy for the fishery.

(2)The assessment must be conducted—

(a)if the harvest strategy states when the assessment must be conducted—at the stated time; or

(b)otherwise—annually.

(3)The chief executive must give the Minister a written report about the assessment within 21 days after completing the assessment.

(4)The report must state the action the chief executive considers should be taken to address any concerns about the performance of the fishery against the harvest strategy.

(5)Unless the Minister directs otherwise within 21 days after the Minister is given the report, the chief executive must take the action mentioned in subsection (4) as soon as practicable after the 21 days have passed.

26   Review of harvest strategy

(1)The chief executive must review each approved harvest strategy to assess whether it is achieving the main purpose of this Act in an appropriate and effective way.

(2)The review must be conducted—

(a)if the harvest strategy states when the review must be conducted—at the stated time; or

(b)otherwise—within 5 years after the harvest strategy was approved by the Minister or, if applicable, the last time the harvest strategy was reviewed.

(3)The chief executive must give the Minister a written report about the review within 21 days after completing the review.

(4)The report must state the action the chief executive considers should be taken to address any concerns about the harvest strategy, including, for example—

(a)whether the harvest strategy should be amended and, if so, how; and

(b)whether the Minister should issue a direction under section 24 or make a reallocation decision under division 2.

Division 2 Resource reallocation

27   Reallocation decision

(1)The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community.

(2)The Minister may make a decision under subsection (1) (a reallocation decision) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative.

(3)For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from—

(a)the chief executive; and

(b)the applicant for the reallocation, if any; and

(c)representatives of the affected fishing sectors; and

(d)any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and

(e)other entities the Minister considers appropriate.

(4)If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made.

(5)The public notice must state—

(a)the reallocation decision; and

(b)the reasons for the reallocation decision; and

(c)if known, the action proposed to be taken under this Act to implement the reallocation decision.

(6)In this section—

reallocation, in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources—

(a)from a fishing sector to another fishing sector; or

(b)from a fishing sector to another purpose or group of persons; or

(c)from a purpose or group of persons to a fishing sector or another purpose or group of persons.

28   Chief executive to implement reallocation decision

(1)The chief executive must take all necessary steps to give effect to a reallocation decision, including, for example—

(a)preparing an amendment of an approved harvest strategy and giving it to the Minister for approval under division 1; or

(b)making or amending a declaration under part 5, division 1.

(2)In acting under subsection (1), the chief executive may advise the Minister of, and seek the Minister’s approval for, alternative ways to give effect to the Minister’s decision.

Division 3 Ministerial advisory bodies

29   Minister may establish advisory bodies

The Minister may establish an advisory committee or other body to help the Minister in the administration of this Act.

Part 3    Shark control program

30   Management of shark control program

(1)The chief executive must establish and manage a shark control program for the coastal waters of the State the chief executive considers necessary or desirable.

(2)The shark control program may be established and managed despite the main purpose of this Act under section 3(1).

(3)To remove any doubt, it is declared that it is not a function of the chief executive to establish or manage the shark control program other than to the extent mentioned in subsection (1).

31   Exclusion zone

(1)A person must not, without a reasonable excuse, be in the exclusion zone for shark control equipment.

Maximum penalty—200 penalty units.

Note—

The locations of shark control equipment are available on the department’s website.

(2)Subsection (1) does not apply to a person who is authorised, in writing, by the chief executive or an inspector to be in the exclusion zone for shark control equipment for—

(a)installing, repairing or maintaining the equipment; or

(b)freeing animals, persons or things caught in the equipment.

(3)Also, subsection (1) does not apply to a person in a boat that transits through the exclusion zone for shark control equipment—

(a)in a straight line or in the most appropriate or direct route, taking into account the circumstances of the waters; and

(b)without stopping.

(4)In this section—

exclusion zone, for shark control equipment, means the area within 20m of the shark control equipment.

shark control equipment means—

(a)any equipment, such as a net or line, that is connected to a buoy marked with the words ‘shark control program’; and

(b)any buoy or other thing that is connected to the equipment.

Examples of other things for paragraph (b)—

anchor, float, hook, sinker

Part 4    Accepted development requirements

32   Accepted development requirements for Planning Act

A regulation may, for the Planning Act, state the requirements (the accepted development requirements) that fisheries development must comply with to be categorised as accepted development under that Act.

Part 5    Fisheries management

Division 1 Chief executive declarations

Subdivision 1 Fisheries declarations

33   Power to make declarations

(1)The chief executive may make the declarations mentioned in this subdivision (each a fisheries declaration).

(2)A fisheries declaration may be made to protect things that are not fish.

Example—

A declaration may regulate taking or possessing fish in an area to protect dugong in the area.

(3)A fisheries declaration made under this subdivision is subordinate legislation.

34   Regulated fish declaration

A fisheries declaration (a regulated fish declaration) may regulate the taking, purchase, sale, possession or use of particular fish.

Examples of matters that may be regulated under a regulated fish declaration—

1A limit may be placed on the size or number of a species or type of fish that may be taken, purchased, sold, used or possessed.

2The taking, possessing or selling of fish of a particular species or type may be prohibited.

3The fish may be regulated by way of fillet size or other form in which they may be possessed after they are taken.

35   Regulated waters declaration

(1)A fisheries declaration (a regulated waters declaration) may regulate all or any of the following in particular waters—

(a)the taking or possessing of fish;

(b)engaging in stated activities;

(c)using or possessing a boat, aquaculture furniture, fishing apparatus or anything else.

(2)However, a regulated waters declaration does not apply to an activity authorised by a development approval unless the declaration expressly states that it applies to the activity.

(3)In this section—

waters includes foreshores and nontidal land.

36   Other fisheries declarations

(1)A fisheries declaration (a regulated fishing apparatus declaration) may regulate the purchase, sale, possession or use of particular fishing apparatus.

(2)A fisheries declaration (a regulated fishing method declaration) may regulate how fish may be taken.

Subdivision 2 Quota declarations

37   Quota declaration

(1)The chief executive may make a declaration (a quota declaration) about the total quota entitlement for a fishery or part of a fishery.

(2)A regulation may provide for the proportion of the total quota entitlement allocated for each quota authority for the fishery or part of the fishery.

(3)The total quota entitlement, and the quota entitlement for a quota authority, may be by reference to 1 or more of the following—

(a)an amount of fish;

(b)an amount of effort;

(c)another matter prescribed by regulation.

(4)A quota declaration made under this subdivision is subordinate legislation.

Subdivision 3 Other declarations

38   Urgent declaration

The chief executive may make a fisheries declaration or a quota declaration (in either case an urgent declaration) under this subdivision if the chief executive is satisfied that urgent action is needed—

(a)to deal with a significant threat to fisheries resources or a fish habitat; or

(b)to deal with a significant threat caused by fishing to a thing that is not fish; or

(c)for another emergency.

38A   [Repealed]

39   Authorising declaration

(1)This section applies if—

(a)any of the following happens—

(i)a natural disaster, accident or other event;

(ii)the chief executive makes an urgent declaration; and

(b)the chief executive is satisfied—

(i)because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and

(ii)urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and

(iii)authorising the doing of the stated thing for the temporary period—

(A)does not create an unacceptable risk to fisheries resources or fish habitat; and

(B)is consistent with the principles of ecologically sustainable development.

(2)The chief executive may make a declaration (an authorising declaration) that authorises holders of the particular authorities to do the stated thing for the temporary period.

Examples of what an authorising declaration may authorise—

1taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area

2using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration

39A   [Repealed]

40   Making urgent declaration or authorising declaration

(1)The chief executive makes an urgent declaration or authorising declaration by publishing it on the department’s website.

(2)The urgent declaration or authorising declaration must—

(a)state whether it is an urgent declaration or an authorising declaration; and

(b)outline the reason for making the declaration; and

(c)be signed by the chief executive.

(3)The chief executive must take all reasonable steps to ensure persons who may be affected by the urgent declaration or authorising declaration are made aware of the declaration.

Examples of steps the chief executive may take—

1publishing notice of the declaration (or a copy of the declaration) in relevant newspapers or on social media

2electronically communicating notice of the declaration (or a copy of the declaration) to holders of relevant authorities, including, for example, by email or SMS

(4)The Statutory Instruments Act 1992, sections 49, 50 and 51 apply to an urgent declaration or authorising declaration as if it were subordinate legislation.

41   Duration of urgent declaration or authorising declaration

(1)The chief executive must repeal an urgent declaration or authorising declaration as soon as practicable after the chief executive is satisfied the reason for making it no longer exists.

(2)Unless it is earlier repealed, the urgent declaration or authorising declaration expires 3 months after it is made.

(3)However, if the urgent declaration or authorising declaration is inconsistent with a regulation or a declaration under subdivision 1 or 2, the urgent declaration or authorising declaration expires 21 days after it is made unless it is earlier repealed.

Subdivision 4 Relationships between regulations and declarations

42   Relationships between regulations and declarations

(1)If there is an inconsistency between a regulation and a declaration under subdivision 1 or 2, the regulation prevails to the extent of the inconsistency.

(2)If there is an inconsistency between a declaration under subdivision 3 and a regulation or a declaration under subdivision 1 or 2, the declaration under subdivision 3 prevails to the extent of the inconsistency.

(3)If there is an inconsistency between an urgent declaration and an authorising declaration, the urgent declaration prevails to the extent of the inconsistency.

(4)If there is an inconsistency between 2 or more urgent declarations, the more recently made urgent declaration prevails to the extent of the inconsistency.

(5)If there is an inconsistency between 2 or more authorising declarations, the more recently made authorising declaration prevails to the extent of the inconsistency.

Division 1A [Repealed]

Subdivision 1 [Repealed]

42A   [Repealed]

42B   [Repealed]

42C   [Repealed]

Subdivision 2 [Repealed]

42D   [Repealed]

42E   [Repealed]

42F   [Repealed]

42G   [Repealed]

42H   [Repealed]

42I   [Repealed]

42J   [Repealed]

42K   [Repealed]

Division 2 Compensation for particular regulatory amendment

Subdivision 1 Right to compensation in particular circumstances

43   Right to compensation

(1)This section applies to a person if—

(a)the person is, other than because of a temporary transfer, the holder of an authority (the eligible authority) that—

(i)is a licence, or a quota authority or another authority to which a quota entitlement applies; and

(ii)authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and

(b)a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, is amended (the relevant amendment); and

(c)because of the relevant amendment, an entitlement to take fisheries resources that the person had under the eligible authority immediately before the relevant amendment commences is lost or reduced.

(2)Subject to sections 44 and 48D, the person is entitled to be paid compensation by the State for the value of the loss or reduction.

(3)However, the compensation is only payable if, under subdivision 2, a claim for the compensation has been made and the chief executive has decided to grant the claim.

(4)This section does not prevent a regulation, fisheries declaration or quota declaration providing for payment of compensation for the making, amendment or repeal of an urgent declaration.

(5)In this section—

amend, in relation to a regulation, fisheries declaration or quota declaration, includes—

(a)make; and

(b)repeal.

44   Limits to compensation payable

(1)The entitlement under section 43 arises only if the cause, or one of the causes, of the loss or reduction was—

(a)a reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or

(b)a restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish.

(2)Compensation is not payable for the loss or reduction if—

(a)compensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or

(b)compensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth.

45   No general right to compensation

(1)To remove any doubt, it is declared that, other than as provided for under section 43, no one has an entitlement under or in relation to this Act to claim or to be paid an amount from the State for or in connection with—

(a)the making, amendment or repeal of a regulation or declaration; or

(b)something previously permitted under a regulation or declaration becoming prohibited or regulated because of an amendment to the regulation or declaration.

(2)Subsection (1) applies whether the amount is claimed as compensation, reimbursement or otherwise.

45A   [Repealed]

Subdivision 2 Claiming and payment of compensation

46   Application of subdivision

This subdivision applies for a claim for compensation under section 43.

47   Requirements for making claim

(1)The claim must—

(a)be made in writing to the chief executive; and

(b)be signed by all holders of the eligible authority; and

(c)state each of the following—

(i)the entitlement to take fisheries resources the subject of the claim;

(ii)the ground under section 44(1) on which the claim is made;

(iii)the amount of the compensation claimed;

(iv)how the claimant has worked out the amount.

(2)The claim must be made within 6 months after the day the relevant amendment commences.

48   Chief executive may require claimant to give further information

(1)The chief executive may, by written notice to the claimant, require the claimant to give the chief executive within a stated reasonable period—

(a)additional information about, or a document relating to, the claim; or

(b)a statutory declaration verifying information included in the claim or additional information required under paragraph (a).

(2)The notice may be given at any time before the claim is decided.

(3)If the claimant does not comply with the requirement within the following period, the claimant is taken to have withdrawn the claim—

(a)generally—the period stated in the notice;

(b)if, within the period stated in the notice, the chief executive agrees in writing to a longer period to comply with the requirement—the longer period.

48A   Deciding claim

(1)Subject to sections 48B and 48C, the chief executive must, within a reasonable period after the making of the claim, decide—

(a)to grant or refuse the claim; and

(b)if the chief executive decides to grant the claim—the amount of the compensation payable.

(2)If the chief executive decides to refuse the claim or decides an amount of compensation that is less than the amount claimed or agreed to by the claimant, the chief executive must give the claimant an information notice for the decision.

(3)In deciding what is a reasonable period for subsection (1), the chief executive must have regard to—

(a)whether the chief executive may need to give a notice under section 48 or obtain other information or evidence under section 48B; and

(b)the period that may be needed to consider the information or document the subject of the notice or the information or evidence that may need to be obtained.

48B   Chief executive may obtain information or evidence from other persons

(1)Before making the decision under section 48A, the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision.

(2)If the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant—

(a)the chief executive must give the claimant a written notice stating—

(i)the further information or evidence; and

(ii)that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and

(b)the chief executive must not make the decision unless the claimant has given the response or the following period has ended—

(i)generally—the period stated in the notice;

(ii)if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.

48C   Amount of compensation that may be decided

(1)The amount of compensation decided may only be for—

(a)either—

(i)if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or

(ii)if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and

(b)the loss, for no more than 3 years from the relevant commencement, of probable taxable income from fishing lost or reduced because of the lost or reduced entitlement to take fisheries resources the subject of the claim.

(2)In working out the market value immediately before the relevant commencement, any reduction in the value of the eligible authority caused by the making, or the prospect of the making, of the relevant amendment must be disregarded.

(3)In working out the lost or reduced fishing income, regard may be had only to income from fishing under the eligible authority as stated in taxation returns lodged by the claimant and relevant notices of assessment accompanying the claim or given to the chief executive by or for the claimant.

(4)Subsection (5) applies if the chief executive considers—

(a)a ground on which the claim is made was not the sole cause of the loss or reduction claimed; and

(b)the other cause or causes of the loss or reduction were not causes for which compensation may be claimed under subdivision 1.

(5)The chief executive may reduce the amount worked out under subsection (1) to reflect the other cause or causes.

(6)In this section—

relevant commencement means when the relevant amendment commenced.

taxable income means taxable income under the Income Tax Assessment Act 1997 (Cwlth).

48D   Restriction on payment if someone other than the claimant has a registered interest in the eligible authority

(1)This section applies if—

(a)the claim and an amount of compensation has been decided under this subdivision; and

(b)a person other than the claimant has a registered interest in the eligible authority.

(2)The chief executive must not pay the claimant the amount unless the other person has agreed in writing to the chief executive making the payment.

Division 3 Authorities issued under Act

Subdivision 1 General

49   Authorities that may be issued

(1)The chief executive may issue the following authorities under this Act—

(a)a licence;

(b)a permit;

(c)a quota authority;

(d)a resource allocation authority;

(e)another authority prescribed by regulation.

(2)A regulation may provide that an authority of a particular kind may or may not be issued for a stated activity or thing.

50   [Repealed]

51   [Repealed]

52   Things authorised by authorities

(1)An authority authorises the holder of the authority to do the things permitted under a regulation or declaration or stated in the authority.

(2)A regulation or declaration, or the authority itself, may also authorise other persons to do all or any of the things authorised by it.

Example of someone else authorised by an authority—

a person who is a member of the crew of a boat owned by the holder

(3)However, an authority does not authorise the holder or anyone else (other than an inspector) to enter, or remain on, someone else’s land.

(4)Also, a resource allocation authority does not confer on the holder—

(a)any right of ownership or tenure over the land, waters or resources mentioned in the authority; or

(b)the right to carry out the development mentioned in the authority, unless the development is also authorised under the Planning Act.

Note—

See also section 76T and the Planning Act, section 163.

53   Form, content and term of authorities

An authority—

(a)must be in the approved form; and

(b)must contain the particulars decided by the chief executive; and

(c)is issued—

(i)for the term stated in it; or

(ii)if no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act.

Subdivision 2 Issue and renewal

54   Application for authority

(1)An application for the issue of an authority must—

(a)be made to the chief executive in the approved form; and

(b)be accompanied by the fees prescribed by regulation.

(2)If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.

55   Consideration of application for issue of authority

(1)The chief executive must consider an application for the issue of an authority and may issue the authority or refuse to issue it.

(2)In considering the application, the chief executive must comply with any relevant regulation or declaration.

56   Application for renewal of authority (other than permit)

(1)The holder of an authority (other than a permit) may apply for its renewal to the chief executive.

(2)Also, a person may apply to renew an expired former authority if—

(a)the person held the former authority immediately before its expiry; and

(b)the application is—

(i)for an authority of the same type, and on substantially the same terms, as the former authority; and

(ii)made within 3 months after the expiry.

(3)However, the chief executive may, at any time, extend the period for applying to renew an expired former authority.

(4)An application under this section must—

(a)be made in the approved form; and

(b)be accompanied by the fees prescribed by regulation.

(5)If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.

57   Permit not renewable

(1)A permit can not be renewed.

(2)However, the holder may apply for the issue of another permit.

(3)Compensation is not payable if the chief executive refuses to issue another permit.

(4)However, subsection (3) does not prevent a regulation providing for payment of compensation.

58   Consideration of application for renewal of authority (other than permit)

(1)The chief executive must consider an application for renewal of an authority (other than a permit) and may renew the authority or refuse to renew it.

(2)In considering the application, the chief executive must comply with any relevant regulation or declaration.

(3)If the application is an application under section 56(2) to renew an expired former authority and the chief executive decides to renew it—

(a)the chief executive must fix the term of the renewed authority from the day after the former authority expired; but

(b)the renewed authority takes effect only from the day the renewed authority is issued.

59   Refusal to issue or renew

(1)The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.

Examples of the bases on which the chief executive may be satisfied—

1The authority was issued in error or because of a document or representation—

(a)that is false, misleading or omits a material particular; or

(b)obtained or made in another improper way.

2The applicant has been convicted of a fisheries offence.

3The applicant has had any of the following (a fisheries authority) cancelled or suspended—

•a licence, permit, concession or other authority issued under fisheries legislation

•a fisheries development approval.

4The applicant has not complied with a condition of a fishing authority.

5The applicant has not kept or given returns as required by the chief executive under this Act.

6The applicant has given a false or misleading return to the chief executive under this Act.

7The applicant has been convicted of an indictable offence.

8The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation.

9The applicant has not paid fees payable under this Act.

10Another matter specified in a relevant regulation.

(2)Compensation is not payable if the chief executive refuses to issue or renew an authority.

(3)However, subsection (2) does not prevent a regulation providing for payment of compensation.

60   Notice of refusal of application for issue or renewal etc.

If the chief executive refuses to issue or renew an authority sought by an applicant, the chief executive must promptly—

(a)give the applicant an information notice for the refusal; and

(b)refund the fees paid by the applicant, other than fees for assessing the application.

Subdivision 2A Additional requirements for deciding applications for resource allocation authorities

60A   Matters chief executive must consider

In deciding an application for a resource allocation authority, the chief executive must have regard to the impact of the development mentioned in the authority on each of the following—

(a)coastal management under the Coastal Protection and Management Act 1995;

(b)the protection of Queensland waters as required under the Environmental Protection Act 1994;

Note—

See the Environmental Protection (Water) Policy 2009 for the way the environmental values of Queensland waters are to be protected.

(c)the management of marine parks under the Marine Parks Act 2004.

Subdivision 3 Conditions

61   Conditions imposed on issue or renewal—general

(1)When the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example—

(a)for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and

(b)a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and

(c)a condition conferring powers on inspectors.

(2)The conditions must be stated in the authority.

(3)In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration.

(4)If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.

(5)If a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority’s holder.

(6)A power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act.

(7)If an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both.

(8)To remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority.

(9)Compensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority.

(10)However, subsection (9) does not prevent a regulation providing for payment of compensation.

61A   Conditions imposed for repeated interactions with protected animals

(1)This section applies if an authority holder has more than 1 interaction with a protected animal within a 12 month period.

(2)The chief executive may amend the authority to impose reasonable conditions to reduce the risk of future interactions with a protected animal during a stated reasonable period, including, for example—

(a)a condition requiring the holder to develop an individual mitigation plan; and

(b)a condition imposing additional information requirements on the holder; and

(c)a condition imposing a restriction on—

(i)how long nets may be placed in the water; or

(ii)the types of fishing apparatus that may be used; or

(iii)the carrying out of particular fishing activities.

(3)If the chief executive imposes a condition on an authority under this section, the chief executive must—

(a)state in the condition a period within which the condition must be reviewed; and

(b)review the condition within the stated period and decide whether or not the authority should be amended to remove the condition.

(4)If the chief executive imposes a condition on an authority under this section, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.

(5)Section 61(8) to (10) apply in relation to the imposition of a condition on an authority under this section.

(6)Section 63 does not apply to an amendment of an authority under this section.

(7)A condition imposed on an authority under this section may also be imposed on the authority on the renewal of the authority if the period for which the condition applies has not ended.

(8)In this section—

interaction, with a protected animal, means physical contact between a boat, person or fishing apparatus involved in a fishing operation and the animal.

62   Conditions imposed by regulation

(1)An authority is also subject to the conditions prescribed by regulation.

(2)To remove any doubt, any condition that may be imposed on an authority by the chief executive may be prescribed by regulation.

Subdivision 4 Amendment

63   Amendment of authority

(1)If the chief executive considers an authority (including the conditions stated in it) should be amended, the chief executive must give the holder of the authority a written notice (the show cause notice) that—

(a)states the proposed amendment; and

(b)states the reasons for the proposed amendment; and

(c)outlines the facts and circumstances forming the basis of the reasons; and

(d)invites the holder to show, within a stated time of at least 28 days, why the authority should not be amended.

(2)The chief executive may amend the authority if, after considering all representations made within the stated time, the chief executive still considers the authority should be amended—

(a)in the way mentioned in the show cause notice; or

(b)in another way, having regard to the representations.

(3)If the chief executive decides to amend the authority, the chief executive must give the holder of the authority an information notice for the decision.

(4)Subsections (1) to (3) do not apply if the authority is amended only—

(a)by omitting a condition if the omission does not adversely affect the holder’s interests; or

(b)for a formal or clerical reason; or

(c)in another way that does not adversely affect the holder’s interests; or

(d)at the holder’s request under section 63A.

(5)The chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the holder.

(6)To remove any doubt, any condition that may be imposed on an authority when it is issued may be imposed on the authority by amendment.

(7)Compensation is not payable if an authority is amended, or anything previously permitted under the authority is prohibited or regulated.

(8)However, subsection (7) does not prevent a regulation providing for payment of compensation.

63A   Application for amendment of authority

(1)The holder of an authority may apply to the chief executive to amend the authority.

(2)An application under this section must be—

(a)made in the approved form; and

(b)accompanied by the fees prescribed by regulation.

(3)If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.

63B   Consideration of application for amendment of authority

(1)The chief executive must consider an application to amend an authority and may amend the authority in the way requested or refuse the application.

(2)In considering an application to amend an authority, the chief executive must comply with any relevant regulation or declaration.

63C   Refusal to amend

(1)The chief executive may refuse an application to amend an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.

(2)Compensation is not payable if the chief executive refuses an application to amend an authority.

(3)However, subsection (2) does not prevent a regulation providing for payment of compensation.

63D   Notice of refusal of application for amendment

If the chief executive refuses an application to amend an authority, the chief executive must promptly—

(a)give the applicant an information notice for the refusal; and

(b)refund the fees paid by the applicant, other than fees for assessing the application.

64   Notice to return authority for alteration after amendment

(1)The chief executive may, by written notice, require the holder of an authority issued by the chief executive to return the authority to the chief executive within a stated time, of at least 28 days, to enable the chief executive to alter the authority to reflect an amendment made to it.

(2)The holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it.

Maximum penalty—80 penalty units.

(3)After altering the authority, the chief executive must return it to the holder.

(4)The amendment of an authority by the chief executive does not depend on it being altered under this section.

Subdivision 5 Transfer

65   Transfer of authority (other than permit)

(1)Subject to registration under this subdivision, an authority other than a permit may be transferred unless, under a regulation, the authority is not transferable either generally or in the circumstances relating to the particular authority.

(2)A transfer, or purported transfer, of an authority is of no effect unless the transfer is registered under section 65B.

(3)On registration of the transfer, all rights and liabilities attaching to the authority vest in the transferee.

65A   Application to register transfer of authority

(1)An application to register the transfer of an authority must—

(a)be made to the chief executive in the approved form; and

(b)be made by—

(i)if the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or

(ii)otherwise—each holders of the authority immediately before the transfer.

(2)Without limiting what the approved form may require, it must include—

(a)a sufficient description of the authority; and

(b)a written declaration by the applicant that—

(i)the information in or accompanying the application provided by the applicant is true; and

(ii)the applicant has complied with the requirements under this Act that relate to the authority; and

(iii)each transferee under the transfer has complied with the requirements under this Act that relate to the authority.

(3)Unless the transfer is a temporary transfer of a quota authority, the application must be accompanied by—

(a)the written approval of each person, other than the holder, who has a registered interest in the authority; and

(b)if a fee payable under this Act for, or relating to, the authority has not been paid—the chief executive’s written approval to the registration of the transfer.

(4)Also, the application must be accompanied by the fee prescribed by regulation, unless—

(a)the application is made by the internet system mentioned in section 65BA; or

(b)the fee is waived under section 65E.

65B   Registration of transfer of authority

(1)An application to register the transfer of an authority is a properly made application if the application complies with section 65A and the transferor and the transferee have complied with any requirements under subsection (2).

(2)The chief executive may, by written notice, require the transferor or the transferee (the applicant) to give the chief executive further documents or information to enable the chief executive to register the transfer.

(3)The chief executive must register the transfer of an authority if the chief executive receives a properly made application in relation to the authority.

65BA   Internet system for transfer registration applications

(1)The chief executive may establish an internet system under which—

(a)applications may be made to register authority transfers; and

(b)the following are made or done automatically on the internet—

(i)the decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A;

(ii)registration of the transfer.

(2)However, the use of the system may allow the decision to be made only if the information that the system requires to be given in making the application shows the application is, on its face, a properly made application for section 65A.

(3)For section 196, a decision made under the system is taken to be a decision of the chief executive under section 65B.

65C   Temporary transfers

(1)A transfer of an authority may be for a stated period (a temporary transfer).

(2)The stated period—

(a)may, subject to paragraphs (b) and (c), be fixed by reference to the happening of a stated event; and

Example for paragraph (a)—

If the authority is subject to a quota entitlement, the start or end of the period may be fixed by reference to the start or end of the period to which the quota entitlement applies.

(b)must not start before the day the chief executive registers the transfer; and

(c)must not be longer than the term of the authority.

(3)If an authority is subject to a temporary transfer (the first transfer), a further temporary transfer of the authority may be registered for a stated period not longer than the period of the first transfer.

(4)If the chief executive registers a temporary transfer, the chief executive must, as soon as practicable, give the applicants for registration of the temporary transfer written notice stating the temporary transfer of the authority has been registered.

65D   Effect of temporary transfer

(1)This section applies for a temporary transfer until—

(a)generally—the end of the period for which the transfer is registered; or

(b)if, during the period, the chief executive receives a signed notice from each interested party that the transfer has ended—the chief executive’s receipt of the notice.

(2)A reference in the following to the holder of the transferred authority, or to the holder of an authority, is, if the context permits, taken to include a reference to the transferee as if the transferee were the holder of the transferred authority—

(a)a provision of this Act, other than section 4, 56, 57, 63(4)(d) and (5), 72 or 73;

(b)a regulation or declaration;

(c)the conditions of the transferred authority.

(3)The things authorised by the transferred authority—

(a)may be done by the transferee as if the transferee were the person who was the holder of the authority immediately before the temporary transfer was registered (the original holder); and

(b)can not be done by the original holder.

(4)Despite the temporary transfer, the original holder continues to be the holder of the transferred authority.

(5)If a further temporary transfer is registered for the transferred authority, subsections (2) to (4) apply to the transferee under the first temporary transfer as if a reference to the original holder includes that transferee.

(6)Each of the following is an interested party under subsection (1)—

(a)the transferor under the temporary transfer;

(b)the transferee under the temporary transfer;

(c)unless the transfer is a temporary transfer of a quota authority—anyone else who has a registered interest in the authority the subject of the temporary transfer.

65E   Waiver of fee or requirement on transfer or amendment

(1)This section applies if the chief executive is satisfied a transfer or an amendment of an authority is necessary—

(a)to give effect to—

(i)a settlement between spouses or former spouses; or

(ii)bankruptcy; or

(iii)winding up or administration under the Corporations Act; or

(iv)section 70C(3); or

(b)to administer a deceased estate; or

(c)because of the loss, at sea, of the boat being used in relation to the authority, through storm, capsize, collision or fire.

(2)On an application made under subsection (3), the chief executive must, according to the application—

(a)waive the prescribed fee for an application for amendment or registration of a transfer of the authority; or

(b)waive the requirement under a regulation, on application to amend or register the transfer of the authority, to do any of the following before the chief executive grants the application—

(i)surrender another authority;

(ii)apply to amend another authority by removing a fishery symbol;

(iii)amend the authority in some other way that is not beneficial to the authority holder.

(3)An application for the waiver of a prescribed fee or a requirement—

(a)must be made jointly by each holder of the authority and any proposed transferee; and

(b)must be made to the chief executive in the approved form; and

(c)must be accompanied by—

(i)the application for amendment or registration of a transfer; and

(ii)sufficient documentary evidence to support the application for waiver.

Examples of documentary evidence—

insurance report, will, death certificate, court order

(4)If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.

(5)In this section—

holder, of an authority of a type prescribed under section 70C, includes the personal representative of a deceased holder.

66   Permits not transferable

A permit can not be transferred.

Subdivision 5A [Repealed]

66A   [Repealed]

66B   [Repealed]

Subdivision 6 Suspension and cancellation

67   Suspension or cancellation of authority by chief executive

(1)The chief executive may suspend or cancel an authority if the chief executive is satisfied the suspension or cancellation is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.

Example—

The examples mentioned in section 59(1) are examples of the bases on which the chief executive may be satisfied.

(2)In acting under subsection (1), the chief executive may disregard any third party interests in the authority.

(3)This section does not affect the suspension or cancellation of an authority under a regulation.

68   Procedure for cancellation or suspension by chief executive

(1)If the chief executive considers grounds exist under section 67(1) to suspend or cancel an authority (the proposed action), the chief executive must give the holder of the authority a written notice that—

(a)states the proposed action; and

(b)states the grounds for the proposed action; and

(c)outlines the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension of the authority—states the proposed suspension period; and

(e)invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken.

(2)If, after considering all written representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may—

(a)if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period.

(3)The chief executive must inform the holder of the decision by written notice.

(4)If the chief executive decides to suspend or cancel the authority, the notice must be an information notice for the decision.

(5)The decision takes effect on the later of—

(a)the day when the notice is given to the holder; or

(b)the day of effect stated in the notice.

(6)Compensation is not payable if the chief executive suspends or cancels an authority.

(7)However, subsection (6) does not prevent a regulation providing for payment of compensation.

(8)This section does not affect the suspension or cancellation of an authority under a regulation.

68A   Suspension or cancellation of authority for dishonoured payment

(1)If a person’s cheque for payment of the prescribed fee relating to an authority is dishonoured—

(a)if the fee is for an application for the authority—the authority is void from the day it was issued; or

(b)if the fee is for an application to renew the authority—the authority is suspended from the renewal date until a valid payment is made; or

(c)if the fee is for an application to transfer or amend the authority—the transfer or amendment does not take effect until a valid payment is made; or

(d)if the fee is an annual fee—the authority is suspended from the day the fee was due until a valid payment is made; or

(e)if the fee is any other prescribed fee—the authority is suspended from the day the fee was due until a valid payment is made.

(2)If the State incurs expense because a person’s cheque is dishonoured—

(a)the person must reimburse the State for the expense incurred; and

(b)the amount of the expense may be recovered as a debt payable by the person to the State.

(3)In this section—

cheque includes a method of payment other than by cash.

dishonoured includes not honoured on presentation.

68AB    Suspension or cancellation for non-payment of particular fees other than because of dishonoured cheque

(1)This section applies if—

(a)a fee payable under this Act for or relating to an authority is not paid by the due date for the fee stated in a fee notice for the fee given to the holder of the authority; and

(b)the fee is not for an application to transfer or amend the authority; and

(c)section 68A does not apply in relation to the non-payment of the fee.

(2)The authority is suspended—

(a)if the holder of the authority was given the fee notice at least 30 days before the due date—from the due date until the fee is paid or a repayment agreement for the fee is made; or

(b)if the holder of the authority was given the fee notice fewer than 30 days before the due date—from 30 days after the notice is given until the fee is paid or a repayment agreement for the fee is made.

(3)If the authority is a charter fishing licence or commercial fisher licence, and the authority is still suspended under subsection (2) 90 days after the fee notice for the fee was given to the holder of the authority, the authority is cancelled.

(4)In this section—

charter fishing licence means an authority that, under a regulation, is described as a charter fishing licence.

commercial fisher licence means an authority that, under a regulation, is described as a commercial fisher licence.

due date, for a fee payable under this Act, means the date on which the fee is due to be paid under this Act.

fee notice, for a fee payable under this Act, means a notice given to the holder of an authority that states—

(a)the due date for the fee; and

(b) that the authority may be cancelled or suspended if the fee is not paid or a repayment agreement for the fee is not made by the due date.

repayment agreement, for a fee payable under this Act, means a written agreement between the holder of the authority and the chief executive for the payment of the fee.

68AC    Suspension of quota entitlement for investigation

(1)This section applies if—

(a)an inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and

(b)the chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to ensure the quota entitlement is not, or does not continue to be, contravened.

(2)The chief executive may, by written notice to the holder of the quota authority, suspend a stated part of the quota entitlement for the authority for a stated period.

(3)The stated period—

(a)must not end more than 6 months after the day the investigation is started; and

(b)must end on or before the end of the period to which the quota entitlement applies.

(4)If the chief executive suspends a part of the quota entitlement for the quota authority, the quota entitlement is taken to be the amount of the quota entitlement originally granted by the quota authority less the stated part that has been suspended.

(5)If the investigation ends before the stated period ends and a proceeding for an offence against this Act is not started against the holder of the quota authority—

(a)the chief executive must cancel the suspension by written notice to the holder of the authority; and

(b)the quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority.

(6)If a proceeding for an offence against this Act against the holder of the quota authority is started before the stated period ends and the period to which the quota entitlement applies has not ended, the chief executive may, by written notice to the holder of the authority, suspend a stated part of the quota entitlement for a further period ending at the earlier of the following—

(a)the end of the period to which the quota entitlement applies;

(b)when the proceeding is decided.

(7)A notice under subsection (2) or (6) must be an information notice.

(8)In this section—

information requirement means—

(a)an information requirement under section 118(1); or

(b)a requirement to give the chief executive information under a condition of an authority.

68B   Suspension or cancellation of authority by court

(1)This section applies if a court convicts the holder of an authority of a serious fisheries offence, whether or not a conviction is recorded.

(2)The court may, in addition to, or instead of, imposing the fine prescribed under this Act for the offence, suspend or cancel the authority.

(3)In acting under subsection (2), the court—

(a)may disregard any third party interests in the authority; and

(b)must have regard to—

(i)the criteria prescribed by regulation for suspension or cancellation of an authority; and

(ii)the fine the court imposes for the offence.

(4)The court may, if considered appropriate in the circumstances, have regard to any previous conviction of the authority holder under this Act.

(5)The court may impose a cumulative or concurrent suspension period, as the court considers appropriate, if—

(a)the court convicts the holder of more than 1 serious fisheries offence; or

(b)during the suspension period, the holder is again convicted of a serious fisheries offence.

(6)This section does not affect the suspension or cancellation of an authority under a regulation.

68C   Effect of suspension on entitlement

If an authority has been suspended, it does not authorise the holder of the authority to do anything during the period of the suspension other than possess fishing apparatus the holder is entitled to possess under section 52(1) or (2).

69   Effect of suspension on renewal

If an authority has been suspended, it may be renewed but continues to be suspended until the end of the suspension period.

69A   Effect of suspension on issue or transfer of another authority

(1)If an authority (the suspended authority) has been suspended, the chief executive may not accept an application—

(a)to issue another authority, or register a transfer of another authority, to the holder of the suspended authority, if the other authority would allow the holder to carry out the activities otherwise allowed under the suspended authority, during the period the suspended authority is suspended; or

(b)to register a transfer of the authority to another person during the period the suspended authority is suspended.

(2)However, subsection (1)(b) does not apply if—

(a)the suspension is under section 68AB; and

(b)the chief executive has, under section 65A(3)(b), given written approval to the registration of the transfer.

(3)To remove any doubt, it is declared that subsection (2) does not affect the suspension under section 68AB.

(4)If a part of a quota entitlement for a quota authority has been suspended under section 68AC, the chief executive may not accept an application—

(a)to issue another quota authority, or register a transfer of another quota authority, to the holder of the quota authority to which the suspended quota entitlement applies, if the other quota authority would give the holder an entitlement to take fisheries resources the holder would otherwise be authorised to take under the suspended quota entitlement; or

(b)to register a transfer of the quota authority to which the suspended quota entitlement applies to another person during the period of the suspension.

69B   Further fees continue to be payable despite suspension

(1)This section applies if an authority, or a quota entitlement for a quota authority, is suspended.

(2)To remove any doubt, it is declared that the suspension has no effect on a liability under this Act to pay the full amount of a further fee for or relating to the suspended authority or quota authority to which the suspended quota entitlement applies.

(3)Subsection (2) continues to apply for the amount even if the suspended authority, or quota authority to which the suspended quota entitlement applies, is later cancelled.

70   Authority to be returned

(1)The holder of an authority suspended, or the former holder of an authority cancelled, must return the authority to the chief executive within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it or not returning it within that time.

Maximum penalty—80 penalty units.

(2)If a suspended authority is returned to the chief executive, the chief executive must return it to the holder at the end of the suspension period.

Subdivision 6A Death of authority holder

70A   Application of sdiv 6A

This subdivision applies if an individual is a holder of an authority and the individual dies.

70B   General effect of death

Subject to section 70C, on the individual’s death—

(a)the individual ceases to be a holder of the authority; and

(b)the individual’s entitlement as a holder of the authority ceases.

70C   Continuance of particular authorities

(1)This section applies only if the authority is of a type prescribed by regulation.

(2)If, immediately before the individual’s death, the individual was the only holder of the authority—

(a)the authority continues in force, subject to this Act; and

(b)the individual’s personal representative becomes the holder of the authority.

(3)If, immediately before the death, there was more than 1 holder of the authority—

(a)the individual’s personal representative becomes a holder of the authority; and

(b)the other holders of the authority continue to be holders of the authority, unaffected by the individual’s death.

(4)A personal representative who, under this section, becomes a holder takes the entitlement the individual had under the authority immediately before the death.

70D   Provisions for changeover to personal representative

(1)This section applies if, under section 70C, a personal representative (the new holder) becomes a holder of the authority.

(2)The change in the holdership to the new holder is taken to be a circumstance for section 73(3).

Division 6 Transitional provisions for Sustainable Planning Act 2009

257   Continuing application of pt 5, div 3A, sdivs 1 to 4

(1)This section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.

(2)Part 5, division 3A, subdivisions 1 to 4 as in force before the commencement continue to apply to the development application as if the Sustainable Planning Act 2009 had not commenced.

(3)In this section—

commencement means the day this section commences.

Division 7 Transitional provision for Trade Measurement Legislation Repeal Act 2009

258   Amendment of fisheries management plan by Trade Measurement Legislation Repeal Act 2009 does not affect powers of chief executive or Governor in Council

The amendment of the Fisheries (Coral Reef Fin Fish) Management Plan 2003 by the Trade Measurement Legislation Repeal Act 2009 does not affect—

(a)the power of the chief executive to further amend the management plan or to repeal it; or

(b)the power of the Governor in Council to approve a matter mentioned in paragraph (a).

Division 8 Transitional provisions for Environmental Offsets Act 2014

259   Continued effect to make payment

(1)This section applies if, immediately before the commencement of this section, an environmental offset condition required a person to make a monetary payment to the Fisheries Research Fund and the payment had not been made.

(2)Despite the repeal of section 76IA(3) by the Environmental Offsets Act 2014, the person is still required to make the payment.

260   [Expired]

Division 9 Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014

261   Existing development applications

(1)This section applies to a development application mentioned in previous section 76DA, 76DB or 76DC made, but not decided, before the commencement of the amending Act, section 107.

(2)Previous sections 76DA, 76DB and 76DC continue to apply to the development application as if the amending Act, section 107, had not commenced.

(3)In this section—

amending Act means the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014.

previous, for a provision of this Act, means the provision as in force immediately before the repeal of the provision under the amending Act.

Division 10 Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016

262   Definitions for division

In this division—

amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016.

former, in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.

repealed Planning Act means the repealed Sustainable Planning Act 2009.

263   Existing particular development applications for fisheries development

(1)This section applies to an existing development application for fisheries development, if the chief executive was the assessment manager or a concurrence agency for the application under the repealed Planning Act.

(2)The following provisions continue to apply in relation to the application as if the amending Act had not been enacted—

(a)former sections 76D and 76G;

(b)former part 5, division 3A, subdivision 4.

(3)A decision of the chief executive about the application can not be reviewed by QCAT.

(4)In this section—

existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.

264   Existing appeals—amendment of fisheries development approval conditions

(1)This section applies if—

(a)a person appealed to the Planning and Environment Court before the commencement under former section 76Q(1); and

(b)the appeal had not been decided before the commencement.

(2)The Planning and Environment Court must hear, or continue to hear, and decide the appeal under former sections 76Q and 76R as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.

(3)To remove any doubt, it is declared that former section 76Q(2), (4) and (5) applies for the appeal.

265   Existing right to appeal—amendment of fisheries development approval conditions

(1)This section applies if—

(a)before the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and

(b)the person has not appealed before the commencement.

(2)The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under former sections 76Q(1), (2)(a), (3) and (4) and 76R(2), as if the amending Act had not been enacted.

(3)The Planning and Environment Court Act 2016, part 5, with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act.

Division 11 Transitional provisions for Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019

Subdivision 1 Preliminary

266   Definitions for division

In this division—

amendment Act means the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019.

former, for a provision of this Act, means the provision as in force before the commencement of the provision in which the term is used.

new, for a provision of this Act, means the provision as in force on the commencement of the provision in which the term is used.

Subdivision 2 Provisions for amendments commencing on assent

267   Application of new section 165

Section 165(3) does not apply in relation to fisheries resources seized under this Act before the commencement.

268   Orders under former section 174

(1)This section applies if—

(a)before the commencement, the chief executive made an application to the District Court for an order under former section 174; and

(b)at the commencement, the application has not been decided.

(2)The District Court may continue to hear and decide the application under former section 174 as if the amendment Act had not been enacted.

269   Orders under new section 174

(1)A court convicting a person of a serious fisheries offence may make an order under new section 174 in relation to the person only if the offence was committed after the commencement.

(2)Subsection (1) does not prevent a court from considering serious fisheries offences committed by the person before the commencement for applying new section 174(1)(b).

270   Orders under new section 174A

Section 174A applies only to a person convicted of an offence against this Act committed after the commencement.

Subdivision 3 Provisions for amendments commencing by proclamation

271   Compensation for relevant amendments

(1)Former part 5, division 1A continues to apply in relation to an amendment of a regulation or management plan happening before the commencement, as if the amendment Act had not been enacted.

(2)New part 5, division 2 applies in relation to the making, amendment or repeal of a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, happening after the commencement.

(3)In this section—

management plan means a management plan in force under section 32 or 42 as in force before the commencement.

272   Existing emergency fisheries declaration

(1)An existing emergency fisheries declaration is taken to be an urgent declaration made by the chief executive under section 38.

(2)In this section—

existing emergency fisheries declaration means an emergency fisheries declaration—

(a)made by the chief executive under former section 46; and

(b)in force under this Act immediately before the commencement.

273   Application of new section 68AC

Section 68AC applies only in relation to an investigation under part 9 starting after the commencement.

274   Application of former section 68B

Former section 68B continues to apply in relation to a proceeding for an offence started before the commencement as if the amendment Act had not been enacted.

275   The fund

The Fisheries Research Fund continued in existence under former section 117(1) continues in existence as the Fisheries Fund under section 117(1).

276   Existing codes of practice

A code of practice under former section 119 for a declared fish habitat area is, from the commencement, taken to have been made under section 125A.

277   Existing review rights

(1)This section applies if—

(a)immediately before the commencement, a person could have applied to QCAT for a review of a matter under former part 9; and

(b)at the commencement—

(i)the person has not applied for the review; and

(ii)the period within which the person may apply for the review has not ended.

(2)The person may apply for the review, and QCAT may hear and decide the review, under former part 9 as if the amendment Act had not been enacted.

278   Existing reviews

(1)This section applies to a review started under former part 9 before the commencement that has not been decided at the commencement.

(2)QCAT may continue to hear, and decide, the review under former part 9 as if the amendment Act had not been enacted.

Schedule 1 Dictionary

section 4

abalone means a mollusc of the genus Haliotis.

accepted development requirements see section 32.

affected person, for part 10, see section 187.

amend ...

amending Act, for part 12, division 4, see section 240.

applicable code ...

approved form means a form approved by the chief executive under section 221A.

approved harvest strategy means a harvest strategy approved by the Minister under section 16.

approved harvest strategy policy, for part 2, division 1, see section 15.

approved vessel tracking equipment, for a boat, means vessel tracking equipment—

(a)of a kind approved by the chief executive and published on the department’s website; and

(b)whose serial number or other identifying details have been given to, and recorded by, the chief executive for the boat.

aquaculture means the cultivation of live fisheries resources for sale other than in circumstances prescribed by regulation.

aquaculture fisheries resources means fish and marine plants cultivated in aquaculture.

aquaculture furniture means a cage, rack, tank, tray or anything else used, or capable of being used, in aquaculture or to assist in aquaculture.

area means an area of land, waters or both land and waters, and includes a place.

arrangement includes agreement, promise, scheme, transaction (with or without consideration), understanding and undertaking (whether express or implied).

assessable development means development categorised as assessable development under the Planning Act.

assessment manager means an assessment manager under the Planning Act.

Australian boat has the meaning given by the Commonwealth Fisheries Act.

authorising declaration see section 39(2).

Authority ...

authority means a licence, permit, quota authority, resource allocation authority or other authority issued, and in force, under this Act.

boat includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a hovercraft and a submersible vessel.

body of water includes a dam and waterway.

body-worn camera means a device—

(a)worn on clothing or otherwise secured on a person; and

(b)designed to be used to—

(i)record images; or

(ii)record images and sounds.

building work see the Planning Act, schedule 2.

buy includes—

(a)buy by wholesale, retail or auction; and

(b)accept, acquire or receive in trade or commerce or under an arrangement; and

(c)agree, attempt or offer to buy; and

(d)cause or permit to be bought.

closed season declaration ...

closed waters declaration ...

coastal waters of the State has the meaning given by Commonwealth Fisheries Act.

commercial quantity, for part 5, division 4, subdivision 2, see section 89.

Commonwealth Fisheries Act means the Fisheries Management Act 1991 (Cwlth).

Commonwealth Minister has the meaning given by part 5 of the Commonwealth Fisheries Act.

Commonwealth–State arrangement means an arrangement made by the State with the Commonwealth under this Act, and includes a Joint Authority arrangement, and includes, in each case, the arrangement as varied.

Note—

Part 7 deals with Commonwealth–State fisheries management arrangements.

Commonwealth–State fishery means a fishery for which there is in force a Commonwealth–State arrangement, and includes a Joint Authority fishery.

concurrence agency ...

condition includes restriction.

container includes a basket, case and tray.

continuing appeal ...

conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court.

coral limestone means a calcareous deposit derived from coral, but does not include shell grit or star sand.

currency period ...

declaration means a declaration made by the chief executive under part 5, division 1.

declared disease ...

declared fish habitat area means an area that is declared under this Act to be a fish habitat area.

Note—

Section 120 deals with declaration of fish habitat areas.

declared quarantine area ...

development application means a development application under the Planning Act.

development approval means a development approval under the Planning Act.

development authority ...

development permit means a development permit under the Planning Act.

drainage feature means a drainage feature within the meaning given by the Water Act 2000, schedule 4, definition drainage feature, paragraph (b).

electronic document ...

eligible authority, for part 5, division 2, see section 43(1)(a).

emergency fisheries declaration ...

engages in a trafficking activity, for part 5, division 4, subdivision 2, see section 89B.

entitlement, for the holder of an authority, means the things that, under section 52, the holder is authorised to do as the holder of the authority.

entity includes an entity established under the law of the Commonwealth or another State.

environmental offset see the Environmental Offsets Act 2014, section 7(2).

environmental offset condition means a condition of a development approval that requires or otherwise relates to an environmental offset.

executive officer, for a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.

fee includes a charge or tax.

fish see section 5.

fisheries agency ...

fisheries declaration see section 33(1).

fisheries development means development that relates to aquaculture, fisheries resources, fish habitat or waterway barrier works.

fisheries development approval means a development approval for fisheries development if the chief executive, or the chief executive of the department in which the Planning Act is administered, was the assessment manager or a referral agency under that Act for the application for the approval.

fisheries legislation includes—

(a)this Act or a former Act; and

(b)the Commonwealth Fisheries Act or the Fisheries Act 1952 (Cwlth); and

(c)the Marine Parks Act 2004 and the Great Barrier Reef Marine Park Act 1975 (Cwlth); and

(d)another law of the State, the Commonwealth or another State, or a former law of the Commonwealth (other than an Act mentioned in paragraph (b) or (c))—

(i)about fishing, fisheries resources or fish habitats; or

(ii)prescribed by regulation.

fisheries offence means an offence against—

(a)fisheries legislation; or

(b)the Biosecurity Act 2014, if the offence relates to fisheries resources or fish habitats; or

(c)the Economic Development Act 2012, the Planning Act or the State Development and Public Works Organisation Act 1971, if the offence relates to fisheries development.

fisheries resources includes fish and marine plants.

fishery see section 7.

fish habitat includes land, waters and plants associated with the life cycle of fish, and includes land and waters not presently occupied by fisheries resources.

fishing includes—

(a)searching for, or taking, fish; and

(b)attempting to search for, or take, fish; and

(c)engaging in other activities that can reasonably be expected to result in the locating, or taking, of fish; and

(d)landing fish (from a boat or in another way), bringing fish ashore or transhipping fish.

fishing apparatus means anything used, or capable of being used, to take fish, or assist in the taking of fish, and includes, for example—

(a)a hook, line or rod used, or capable of being used, to take fish; and

(b)a crab pot, crayfish pot, net, pitch fork, spear gun or trap used, or capable of being used, to take fish.

fishing sector means a part of the fishing industry representing—

(a)commercial fishing; or

(b)charter fishing; or

(c)recreational fishing; or

(d)Indigenous fishing.

fish movement exemption notice ...

fish way means a fish ladder or another structure or device by which fish can pass through, by or over waterway barrier works.

foreign boat has the meaning given by the Commonwealth Fisheries Act.

foreshore means parts of the banks, bed, reefs, shoals, shore and other land between high water and low water.

former Act means the Fisheries Act 1976 or Fishing Industry Organisation and Marketing Act 1982.

harvest strategy means a harvest strategy prepared under part 2, division 1.

high water means the mean height of the highest high water at spring tide.

holder of an authority means the person to whom it is issued or transferred.

in, a boat, vehicle or place, includes—

(a)for a boat or vehicle—on the boat or vehicle; and

(b)for a place—on or at the place.

indigenous fisheries resources means fisheries resources—

(a)in relation to a particular area—

(i)spawned, born or grown, other than by aquaculture, in the area; and

(ii)belonging to a species of fisheries resources native to the area; or

(b)without reference to a particular area—

(i)spawned, born or grown, other than by aquaculture, in Queensland; and

(ii)belonging to a species of fisheries resources native to Queensland.

Indigenous fishing means fishing conducted by Aboriginal peoples or Torres Strait Islander peoples.

indigenous fishing ...

information notice, for a decision, means a written notice stating the following information—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c)that the person to whom the notice is given may ask for a review of the decision under this Act;

(d)how, and the period within which, the review may be started.

inspector means a person who is appointed under this Act as an inspector.

internal review, for part 10, see section 187.

internal review decision, for part 10, see section 187.

issue an authority (other than a permit) includes renew the authority.

Joint Authority means a Joint Authority established under the Commonwealth Fisheries Act of which the Minister is a member.

Joint Authority arrangement means an arrangement made by the State with the Commonwealth under this Act, whether or not it is also made with another State.

Note—

Part 7 deals with Commonwealth–State fisheries management arrangements.

Joint Authority fishery means a fishery for which there is in force a Joint Authority arrangement under which the fishery is to be under the management of a Joint Authority.

keep includes possess.

land includes foreshores and tidal and nontidal land.

leave includes put.

low water means the mean height of the lowest low water at spring tide.

management plan ...

marine plant see section 8.

material change of use see the Planning Act, schedule 2.

net means netting material used, or capable of being used, to take fish, and includes tackle and equipment used, or capable of being used, with a net.

net proceeds of sale of fisheries resources seized under this Act means the amount left from the proceeds of the sale of the fisheries resources after payment of—

(a)expenses incurred in—

(i)seizing the fisheries resources; and

(ii)transporting the fisheries resources from the place of seizure to the place of sale; and

(iii)performing any necessary treatment of the fisheries resources; and

(iv)storing the fisheries resources until delivery for sale; and

(v)selling the fisheries resources; and

(b)any other expenses prescribed by regulation.

netting material includes material of any type formed into mesh.

non-indigenous fisheries resources means fisheries resources that—

(a)

in relation to a particular area—do not fall in the category mentioned in this schedule, definition indigenous fisheries resources, paragraph (a); or

(b)

without reference to a particular area—do not fall in the category mentioned in this schedule, definition indigenous fisheries resources, paragraph (b).

nontidal land includes land permanently or periodically submerged by waters not subject to tidal influence.

noxious fisheries resources ...

noxious substance means anything that—

(a)is harmful, or produces conditions that are harmful, to fisheries resources or fish habitats; or

(b)is prescribed by regulation or declared by a declaration to be a noxious substance.

occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place.

offence against this Act, other than for sections 220 to 220B, includes—

(a)an offence against the Biosecurity Act 2014, if the offence relates to fisheries resources or fish habitats; or

(b)an offence against the Economic Development Act 2012, the Planning Act or the State Development and Public Works Organisation Act 1971, if the offence relates to fisheries development.

operational work see the Planning Act, schedule 2.

original decision, for part 10, see section 187.

owner, for a thing that has been seized under this Act means—

(a)if the chief executive is aware of the actual owner of the thing immediately before the seizure—the actual owner; or

(b)otherwise—a person who would be entitled to possession of the thing had it not been seized.

permit means a permit in force under this Act.

person in control includes—

(a)for a boat—the person who has, or reasonably appears to have, command or charge of the boat; and

(b)for a vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver.

place includes premises and a place on or in waters or on land, but does not include a vehicle or boat.

Planning Act means the Planning Act 2016.

Policy Council ...

possess a thing includes—

(a)have custody or control of the thing; and

(b)have an ability or right to obtain custody or control of the thing.

premises includes—

(a)a building, wharf or other structure; and

(b)a part of a building, wharf or other structure; and

(c)land or waters where a building, wharf or other structure is situated.

prescribed aquaculture development see section 76A(b).

prescribed declared fish habitat area development see section 76A(a).

priority fish, for part 5, division 4, subdivision 2, see section 89A.

prohibited development ...

protected animal means—

(a)a protected animal under the Nature Conservation Act 1992; or

(b)an animal of a listed threatened species, listed migratory species or listed marine species under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).

public notice, for part 2, division 1, see section 15.

public place means a place that the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money.

QCAT information notice, for part 10, see section 187.

quarantine declaration ...

Queensland waters ...

quota ...

quota authority means a quota authority issued by the chief executive under this Act.

quota declaration see section 37(1).

quota entitlement, for an authority, means a quota applying to the entitlement to take fisheries resources under the authority for a fishery or part of a fishery.

reallocation decision see section 27(2).

recreational limit, for part 5, division 4, subdivision 2, see section 89.

register, when used as a noun, means the register the chief executive keeps under section 73(1).

registered interest, in an authority, means an interest in the authority that is noted on the register.

regulated fish means fish declared to be regulated fish by a regulated fish declaration.

regulated fish declaration see section 34.

regulated fishing apparatus declaration see section 36(1).

regulated fishing method declaration see section 36(2).

regulated waters declaration see section 35(1).

release includes place.

relevant amendment, for part 5, division 2, see section 43(1)(b).

relevant authority, for part 12, division 4, see section 240.

renew an authority (other than a permit) includes the renewal of a former authority made because of an application under section 56(2).

resource allocation authority means a resource allocation authority issued, and in force, under part 5, division 3, subdivision 2A.

self-assessable development ...

sell includes—

(a)sell by wholesale, retail or auction; and

(b)supply in trade or commerce or under an arrangement; and

(c)agree, attempt or offer to sell; and

(d)keep or expose for sale; and

(e)cause or permit to be sold.

serious fisheries offence means—

(a)an offence against any of the following provisions—

(i)section 77(1) or (2);

(ii)section 78;

(iii)section 79;

(iv)section 79A;

(v)section 80;

(vi)section 81(1);

(vii)section 82;

(viii) section 87(1);

(ix)section 89C;

(x)section 90(1);

(xi)section 118(4);

(xii)section 176(1);

(xiii)section 182(1); or

(b)an offence against section 219(2) committed by a person acting under an authority in relation to a provision mentioned in paragraph (a); or

(c)another fisheries offence prescribed by regulation to be a serious fisheries offence.

shark control program see section 3A(4).

species of a fish or plant means a species, subspecies, hybrid, variant, race, mutation or geographically separate population of the animal or plant.

specified works ...

stowed and secured ...

take fisheries resources includes—

(a)catch, gather, kill or obtain from water or land; and

(b)attempt to catch, gather, kill or obtain from water or land; and

(c)land (from a boat or in another way), bring ashore or tranship.

temporary quota transfer ...

temporary transfer see section 65C(1).

tidal land includes reefs, shoals and other land permanently or periodically submerged by waters subject to tidal influence.

total quota entitlement, for a fishery or part of a fishery, means the maximum combined quota entitlements for all authorities for the fishery or part.

trade or commerce includes—

(a)a business activity; and

(b)anything else done for gain or reward.

transfer, of an authority, includes—

(a)transfer by a joint holder of the authority, of all or part of the holder’s interest in the authority, to the other joint holders of the authority; and

(b)if the authority is a quota authority relating to another authority—transfer by the holder of the quota authority, from the authority to which it relates, to another authority held by the same holder.

tribunal ...

unallocated tidal land means tidal land that is unallocated State land under the Land Act 1994, schedule 6.

unamended Act, for part 12, division 4, see section 240.

unlawfully means without authority under this Act or other legal authority, justification or excuse under an Act.

urgent declaration see section 38.

vehicle includes a caravan, trailer and aircraft, but does not include a boat.

vessel tracking equipment means equipment used as part of a system that monitors the position and operation of a vessel.

VMS equipment ...

watercourse see the Water Act 2000, schedule 4.

waterway includes a river, creek, stream, watercourse, drainage feature or inlet of the sea.

waterway barrier works means a dam, weir, crossing, fill or other complete or partial barrier within a waterway if the barrier limits fish access to, or movement within, a waterway.

wild river area ...

wild river high preservation area ...

wild river preservation area ...