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

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.

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…