Fisheries Act 2000 (ACT)
Fisheries Act 2000
A2000-38
Republication No 26
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑28
About this republication
The republished law
This is a republication of the Fisheries Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Fisheries Act 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Objects 2
4 Dictionary 2
4A Notes 3
4BOffences against Act—application of Criminal Code etc 3
Part 2 Fisheries management plan
5 Meaning of fisheries management plan 4
6 Preparation and public consultation 4
7 Approval of plan 5
8 Minister to approve plan 6
9 Minister’s direction to revise plan 6
10 Minor amendments to plan 7
11 Review of plan 8
12 Fisheries management plan—conservator to implement 9
Part 3 Fishing closures and declarations
13 Fishing closures 10
14 Declaration of noxious fish 10
15 Declaration of fish of prohibited size or weight 11
16 Declaration of fish quantity 11
16A Declaration of possession limit 11
17 Declaration of fishing gear 11
18 Declaration of exempt species 12
18A Declaration of critical habitat 12
Part 4 Fisheries licences
Division 4.1 Licences—preliminary
19 Meaning of fisheries licence 13
20 Meaning of recreational group licence 13
Division 4.2 Licences—application and suitability
21 Application 13
22 Recreational group licence application 15
23 Who is a suitable person to hold a fisheries licence—pt 4 16
24 Meaning of suitability information about a person—pt 4 16
25 Suitability of people—further information about people 17
26 What is a suitable activity for a fisheries licence? 18
27 What is suitability information about an activity? 18
28 Suitability of activities—further information about activity 19
29 Suitability of activities—risk management plan 20
Division 4.3 Licences—decision
30 Licence—decision on application 20
31 Licence—conditions 22
32 Licence—term 22
33 Licence—form 23
Division 4.4 Licences—amendment
34 Licence—amendment initiated by conservator 23
35 Licence—application to amend licence 24
36 Licence—decision on application to amend licence 25
36A Licence—replacing when lost, stolen or destroyed 26
36B Licence—surrender 26
36C Offence—fail to notify change of name or address 27
36D Licence—conservator to change name and address 27
Division 4.5 Licences—regulatory action
36E Application—div 4.5 28
36F Licence—grounds for regulatory action 28
36G Licence—regulatory action 28
36H Licence—taking regulatory action 29
36I Licence—immediate suspension 30
36J Licence—effect of suspension 31
36K Offence—fail to return amended, suspended or cancelled licences 31
36L Action by conservator in relation to amended or suspended licence 32
Division 4.6 Licence—register
36M Fisheries licence register 32
36N Licence register—correction and keeping up-to-date 33
36O Offence—fail to keep records 33
Part 5 Commercial dealing
Division 5.1 Fish dealers
37 Fish dealers to be registered 35
38 Application for registration 35
39 Decision on application 36
40 Term of registration 36
41 Suspension of registration 36
42 Cancellation of registration 36
43 Register of dealers 37
44 Inspection of register 37
Division 5.2 Commercial fishers
45 Sale of fish by commercial fishers 37
Part 6 Aquaculture
46 Meaning of aquaculture 38
47 Aquaculture guidelines 38
48 Aquaculture limit 38
49 Aquaculture offences 39
Part 7 Enforcement
Division 7.1A Fisheries officers
50 Appointment 40
51 Identity cards 40
52 Fisheries officer must show identity card on exercising power 41
Division 7.1 Powers for places
53 Meaning of occupier for div 7.1 42
54 Power to enter premises 42
54A Production of identity card 43
55 Consent to entry 43
56 Routine inspection of business premises 45
57 Warrants to enter 45
58 Warrants—application made other than in person 46
59 General powers on entry to premises 47
60 Powers on entry for routine inspection of business premises 48
61 Powers on entry under a warrant 48
63 Entry into waters, and along banks etc 49
Division 7.2 Other powers
64 Direction to provide information 49
65 Offence—fail to comply with information direction 50
66 Immediate information direction 51
67 Direction to stop vehicle containing fish etc 52
68 Offence—fail to comply with stop vehicle direction 53
69 Direction to remove gear from water 53
70 Urgent directions 54
71 Offence—fail to comply with urgent direction 55
72 Authorised person’s directions 55
72A Offence—fail to comply with authorised person’s direction 56
72B Treatment directions 56
72C Offence—fail to comply with treatment direction 58
72D Power to seize things 58
72E Receipt for things seized 59
72F Moving things to another place for examination or processing under search warrant 60
72G Access to things seized 61
72H Return of things seized 61
Division 7.3 Miscellaneous
72I Damage etc to be minimised 63
72J Compensation for exercise of enforcement powers 63
Part 8 Offences
Division 8.1A Preliminary
73 Exempt conduct—pt 8 65
Division 8.1 Unauthorised activities
74 Taking fish for sale without licence etc 65
75 Taking fish contrary to licence 66
76 Importing or exporting live fish without authority 66
76A Trafficking in commercial quantity of fish of priority species 67
76B Taking commercial quantity of fish of priority species 68
76C Possessing commercial quantity of fish of priority species 68
77 Possessing fish obtained illegally 69
78 Noxious fish 69
79 Release of fish 70
Division 8.2 General offences
80 Fishing closure offences 70
81 Prohibited size and weight offences 71
82 Offence—exceed quantity limit 71
82A Offence—exceed possession limit 72
83 Beheading or filleting fish 72
84 Use of live fin fish as bait etc 72
Division 8.3 Offences in relation to fishing gear
85 Use of fishing gear generally 73
86 Non-permitted fishing gear 73
86A Offence—use prohibited gear 74
86B Offence—prohibited gear retail display 74
87 Use and possession of commercial fishing gear 75
Division 8.4 Protection of aquatic habitats
88 Meaning of aquatic habitat 76
88A Spawning areas and aquatic habitat 76
Part 10 Notification and review of decisions
107 Meaning of reviewable decision—pt 10 78
108 Reviewable decision notices 78
108A Applications for review 78
Part 11 Miscellaneous
109 Delegation 79
110 Acts and omissions of representatives 79
111 Criminal liability of executive officers 80
111A Evidentiary certificates 82
112 Production of licences 83
113 Minister’s guidelines 83
113A Conservator guidelines 84
114 Determination of fees 85
116 Regulation-making power 85
Schedule 1 Reviewable decisions 86
Dictionary87
Endnotes
1 About the endnotes 93
2 Abbreviation key 93
3 Legislation history 94
4 Amendment history 98
5 Earlier republications 113
6 Expired transitional or validating provisions 115
Fisheries Act 2000
An Act about the management of fisheries
Part 1Preliminary
Name of Act
This Act is the Fisheries Act 2000.
Objects
(1)The objects of this Act are—
(a)to conserve native fish species and their habitats; and
(b)to manage sustainably the fisheries of the ACT by applying the principles of ecologically sustainable development; and
(c)to provide high quality and viable recreational fishing; and
(d)to cooperate with other Australian jurisdictions in sustaining fisheries and protecting native fish species.
(2)In this section:
ecologically sustainable development—see the Nature Conservation Act 2014, section 6 (4).
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary defines certain terms, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘fishing closure—see section 13.’ means the term ‘fishing closure’ is defined in section 13.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4BOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Fisheries management plan
Meaning of fisheries management plan
In this Act:
fisheries management plan—
(a)means a plan for the ACT detailing how fish and fisheries may be appropriately managed; and
Examples
1conservation of fish in certain areas
2stocking fish into waters
(b)includes anything required to be included by a conservator guideline; and
(c)may apply, adopt or incorporate an instrument as in force from time to time.
NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Preparation and public consultation
(1)The conservator may prepare a draft fisheries management plan.
(2)If the conservator prepares a draft fisheries management plan, the conservator must also prepare a notice about the draft fisheries management plan (a public consultation notice).
(3)A public consultation notice must—
(a)state that—
(i)anyone may give a written submission to the conservator about the draft fisheries management plan; and
(ii)submissions may be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period); and
(b)include the draft fisheries management plan.
(4)A public consultation notice is a notifiable instrument.
(5)If the conservator notifies a public consultation notice for a draft fisheries management plan—
(a)anyone may give a written submission to the conservator about the draft fisheries management plan; and
(b)the submission may be given to the conservator only during the public consultation period; and
(c)the person making the submission may, in writing, withdraw the submission at any time.
(6)At the end of the public consultation period, the conservator must—
(a)consider any submissions received during the consultation period; and
(b)make any revision to the draft fisheries management plan that the conservator considers appropriate; and
(c)state in the draft fisheries management plan a date on which the plan will be reviewed.
Approval of plan
(1)If the conservator has prepared a fisheries management plan under section 6, the conservator—
(a)if the plan involves a significant activity—must give the plan to the Minister for approval; or
(b)in any other case—may approve the plan.
(2)A fisheries management plan approved by the conservator is a disallowable instrument.
NoteMinor amendments may be made to the plan under s 10.
(3)In this section:
significant activity, for a fisheries management plan, means—
(a)commercial fishing; or
(b)commercial trade of fish; or
(c)any other activity prescribed by regulation.
Minister to approve plan
(1)If the conservator gives a fisheries management plan to the Minister for approval, the Minister must—
(a)approve the plan; or
(b)direct the conservator to revise the plan under section 9.
(2)A fisheries management plan approved by the Minister is a disallowable instrument.
NoteMinor amendments may be made to the plan under s 10.
Minister’s direction to revise plan
(1)This section applies if the conservator gives a fisheries management plan to the Minister for approval under section 8 or review under section 11.
(2)The Minister may direct the conservator to take 1 or more of the following actions in relation to the plan:
(a)carry out further stated consultation;
(b)consider a relevant report;
(c)revise the plan in a stated way.
(3)The conservator must—
(a)give effect to the direction; and
(b)resubmit the fisheries management plan to the Minister for approval.
(4)Section 8 applies to a fisheries management plan resubmitted by the conservator.
Minor amendments to plan
(1)This section applies if—
(a)a fisheries management plan is in force (the existing plan); and
(b)the conservator considers that minor amendments to the existing plan are appropriate.
(2)The conservator—
(a)may prepare an amended fisheries management plan, incorporating the minor amendments; and
(b)need not comply with section 7 (1) (a); and
(c)may make the fisheries management plan, as amended.
NoteA fisheries management plan approved by the conservator is a disallowable instrument (see s 7 (2)).
(3)In this section:
minor amendment, of a fisheries management plan, means an amendment that will improve the effectiveness or technical efficiency of the plan without changing the substance of the plan.
Examples
1 minor correction to improve effectiveness
2 omission of something redundant
3 technical adjustment to improve efficiency
Review of plan
(1)The conservator must review a fisheries management plan—
(a)on the date stated in the plan; or
(b)at request of the Minister.
(2)If the fisheries management plan involves a significant activity, the conservator must prepare a notice about the review (a public consultation notice).
(3)A public consultation notice must state—
(a)that the conservator is reviewing the fisheries management plan; and
(b)that anyone may give a written submission to the conservator about the fisheries management plan; and
(c)that submissions must be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period); and
(d)where the fisheries management plan is available for inspection.
(4)A public consultation notice is a notifiable instrument.
(5)If the conservator notifies a public consultation notice about the review of the fisheries management plan—
(a)anyone may give a written submission to the conservator about the plan; and
(b)the submission may be given to the conservator only during the public consultation period; and
(c)the person making the submission may, in writing, withdraw the submission at any time.
(6)At the end of the review, the conservator—
(a)may make minor amendments to the plan; or
(b)may prepare a new fisheries management plan; or
(c)if the conservator reasonably believes the plan is no longer needed—
(i)if the plan involves a significant activity—must give the plan to the Minister for review; or
(ii)in any other case—may revoke the plan.
(7)If the conservator gives a plan to the Minister under subsection (6), the Minister may direct the conservator to revise the plan under section 9.
Fisheries management plan—conservator to implement
If a fisheries management plan is in force, the conservator must—
(a)take reasonable steps to implement the plan; and
(b)consider the plan when making decisions under this Act.
Part 3Fishing closures and declarations
Fishing closures
(1)The conservator may prohibit the taking of fish from, or the introduction of fish into, public waters for a stated period (a fishing closure).
(2)A fishing closure is a disallowable instrument.
(3)If the conservator reasonably believes that a fishing closure is required urgently, the conservator may commence the fishing closure on a day or at a time earlier than its notification day.
Examples—when fishing closure required urgently
1 to contain an outbreak of disease
2 to protect a species of fish that has been significantly impacted by unusual environmental conditions in certain waters
(4)If a fishing closure commences on a day or at a time earlier than its notification day, the conservator must—
(a)give additional public notice about the closure; and
(b)display a notice about the closure in a conspicuous place at or near the public waters.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a disallowable instrument.
Declaration of noxious fish
(1)The Minister may declare a species of fish to be noxious.
(2)A declaration is a disallowable instrument.
Declaration of fish of prohibited size or weight
(1)The Minister may declare that fish of stated sizes or weights are fish of prohibited sizes or weights.
(2)A declaration is a disallowable instrument.
Declaration of fish quantity
(1)The Minister may declare the quantity of a species of fish that a person may take in a day.
(2)A declaration is a disallowable instrument.
16ADeclaration of possession limit
(1)The Minister may declare the maximum amount of a species of fish that a person may possess.
Example
The Minister declares a possession limit of 2 Murray Cod, within 100m of public waters. Claire goes fishing and catches 2 Murray Cod, taking them home and freezing them for later consumption. The next day, Claire catches another 2 Murray Cod. Because Claire is not in possession of more than 2 Murray Cod within 100m of the public waters, there is no breach of the possession limit.
(2)A declaration is a disallowable instrument.
Declaration of fishing gear
(1)The Minister may declare fishing gear—
(a)that may be used for taking fish; or
(b)that is prohibited for taking fish.
(2)A declaration is a disallowable instrument.
Declaration of exempt species
(1)The conservator may declare a species of fish to be an exempt species (an exempt species declaration).
(2)In making an exempt species declaration, the conservator must consider—
(a)the need to protect native species in the ACT; and
(b)the need to conserve the significant ecosystems of the ACT, NSW and Australia.
(3)An exempt species declaration is a disallowable instrument.
18ADeclaration of critical habitat
(1)The conservator may declare aquatic habitat, or a part of aquatic habitat to be critical habitat (a critical habitat declaration).
(2)In making a critical habitat declaration, the conservator must consider—
(a)the need to protect native species in the ACT; and
(b)the need to conserve the significant ecosystems of the ACT, NSW and Australia.
(3)A critical habitat declaration is a disallowable instrument.
Part 4Fisheries licences
Division 4.1 Licences—preliminary
Meaning of fisheries licence
In this Act:
fisheries licence means a licence that authorises the licensee to carry out 1 or more activities (the licensed activity) that would otherwise be an offence under this Act.
Note 1Some activities are unsuitable for a fisheries licence (see s 26 (1), def suitable activity, par (b)).
Note 2A fisheries licence is not required for recreational fishing that does not involve an activity that is an offence under this Act.
Meaning of recreational group licence
In this Act:
recreational group licence means a licence that authorises a group of people to take fish in circumstances that would otherwise be an offence under this Act.
Division 4.2 Licences—application and suitability
Application
(1)A person may apply to the conservator for a fisheries licence.
(2)The application must—
(a)be in writing; and
(b)state the activity for the licence; and
(c)include complete details of suitability information about—
(i)the applicant; and
(ii)if the applicant is a corporation—each influential person for the applicant; and
(iii)if someone other than the applicant is to have management or control of the activity for the licence—each person who is to have management or control; and
(iv)the activity for the licence.
Note 1Suitability information
, about a person—see s 24.
Suitability information, about an activity—see s 27.
Note 2Giving false or misleading information is an offence against the Criminal Code, s 338.
(3)In this section:
influential person, for a corporation, means—
(a)an executive officer of the corporation; or
(b)a person who may exercise a relevant power in relation to the corporation.
Examples—par (a)
director, secretary
Example—par (b)
an influential shareholder
relevant power, for a corporation, means a power to—
(a)take part in a directorial, managerial or executive decision for the corporation; or
(b)elect or appoint a person as an executive officer in the corporation; or
(c)exercise a significant influence in relation to the conduct of the corporation.
Recreational group licence application
(1)A person may apply to the conservator for a recreational group licence for a group of people.
(2)The application must—
(a)be in writing; and
(b)state the activity for the licence; and
(c)state the period for which the activity will be undertaken.
(3)The conservator may issue the licence to the applicant only if reasonably satisfied that—
(a)the applicant, and each member of the group for the licence, is a suitable person to hold a fisheries licence; and
(b)the activity is a suitable activity for a fisheries licence; and
(c)issuing the licence is not inconsistent with a conservator guideline.
NoteSuitable activity, for a fisheries licence—see s 26.
(4)The conservator must, as soon as practicable—
(a)decide the application; and
(b)tell the applicant about the decision.
(5)The conservator may issue the licence subject to any condition the conservator reasonably believes is necessary to meet the objects of this Act.
(6)A person commits an offence if—
(a)the person holds a recreational group licence; and
(b)the licence is subject to a condition; and
(c)the person fails to comply with the condition.
Maximum penalty: 50 penalty units.
(7)An offence against subsection (6) is a strict liability offence.
Who is a suitable person to hold a fisheries licence—pt 4
(1)In this part:
suitable person, to hold a fisheries licence, means a person who the conservator is satisfied is a suitable person to hold the licence.
(2)In deciding whether a person is a suitable person to hold a fisheries licence, the conservator must consider each of the following:
(a)suitability information about the person;
(b)any information given to the conservator under section 25 (Suitability of people—further information about people).
Meaning of suitability information about a person—pt 4
In this part:
suitability information, about a person, means information about—
(a)any conviction of, or finding of guilt against, the person for an offence against the following:
(i)this Act;
(ii)the Animal Welfare Act 1992;
(iii)the Domestic Animals Act 2000;
(iv)the Environment Protection Act 1997;
(v)the Nature Conservation Act 2014;
(vi)the Water Resources Act 2007;
(vii)a law of another jurisdiction corresponding, or substantially corresponding, to this Act or an Act mentioned in subparagraphs (ii) to (vi); and
Examples
1 Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)
2 National Parks and Wildlife Act 1974 (NSW)
3 Biodiversity Conservation Act 2016 (NSW)
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(b)any noncompliance by the person with a requirement under an Act mentioned in paragraph (a); and
(c)any refusal of an application by the person for a fisheries licence, permit or other authority (however described) under an Act mentioned in paragraph (a); and
(d)any other matter relevant to the person’s ability to appropriately carry on an activity in relation to an animal, plant or land; and
(e)any other matter prescribed by regulation.
Suitability of people—further information about people
(1)This section applies if the conservator is making a decision about whether a person is a suitable person to hold a fisheries licence.
(2)The conservator may, by written notice given to the applicant (a personal information notice), require the applicant to give the conservator stated information about 1 or more of the following people, not later than a stated reasonable time:
(a)the applicant;
(b)if the applicant is applying for a recreational group licence for a group of people—any known member of the group;
(c)if the applicant is a corporation—an influential person for the corporation.
(3)The conservator need not decide whether a person is a suitable person to hold a fisheries licence if—
(a)the conservator has given the person a personal information notice; and
(b)the person does not comply with the notice.
What is a suitable activity for a fisheries licence?
(1)In this Act:
suitable activity, for a fisheries licence—
(a)means an activity that the conservator is satisfied is suitable for the licence; but
(b)does not include an activity prescribed by regulation as an unsuitable activity.
(2)In deciding whether an activity is suitable for a fisheries licence, the conservator must consider each of the following:
(a)suitability information about the activity;
(b)any information about the activity given to the conservator under section 28;
(c)any relevant consideration for suitability of an activity under the Nature Conservation Act 2014, section 268 (2) (e) to (g).
What is suitability information about an activity?
(1)In this Act:
suitability information, about an activity, means information about—
(a)the impact of the activity; and
(b)the purpose of the activity; and
Examples
scientific research, education
(c)the place where and time when the activity is to be carried out; and
(d)if the activity involves a native species or an animal that is a declared pest—the number and species of each animal involved in the activity; and
(e)any other matter prescribed by regulation.
NoteThe conservator must also consider suitability information for an activity when deciding to amend a fisheries licence (see s 34 and s 36).
(2)In this section:
declared pest—see the Biosecurity Act 2023, section 11 (2).
Suitability of activities—further information about activity
(1)This section applies if the conservator is making a decision about whether an activity is a suitable activity for a fisheries licence.
(2)The conservator may, by written notice given to the applicant (an activity information notice), require the applicant to give the conservator stated information about the activity, not later than a stated reasonable time.
(3)The conservator need not decide whether an activity is a suitable activity for a fisheries licence if—
(a)the conservator has given the applicant an activity information notice; and
(b)the applicant does not comply with the notice.
Suitability of activities—risk management plan
(1)This section applies if the conservator is—
(a)making a decision about whether an activity is a suitable activity for a fisheries licence; and
(b)satisfied that carrying on the activity in accordance with the licence is likely to cause undue risk to people or property.
(2)The conservator may, by written notice given to the applicant (a risk management plan notice), require the applicant to prepare a risk management plan for the licence.
(3)The risk management plan must—
(a)identify the risks to people and property; and
(b)set out the procedures, practices and arrangements for eliminating or minimising the risks.
(4)The conservator need not decide an application for a fisheries licence if—
(a)the conservator has given the applicant a risk management plan notice; and
(b)the applicant does not comply with the notice.
Division 4.3 Licences—decision
Licence—decision on application
(1)This section applies if the conservator receives an application for a fisheries licence.
(2)The conservator may issue the licence to the applicant only if reasonably satisfied that—
(a)the applicant is a suitable person to hold the licence; and
(b)if the applicant is a corporation—each influential person for the applicant is a suitable person to hold the licence; and
(c)if someone other than the applicant is to have management or control of the activity for the licence—each person who is to have management or control of the activity is a suitable person to hold the licence; and
(d)the activity is a suitable activity for the licence; and
(e)issuing the licence is not inconsistent with a conservator guideline; and
(f)if the conservator requires that the applicant prepare a risk management plan—the risk management plan will eliminate or minimise any identified risks.
NoteSuitable activity
, for a fisheries licence—see s 26.
Suitable person, to hold a fisheries licence—see s 23.
(3)The conservator must, not later than the required time—
(a)decide the application; and
(b)tell the applicant about the decision on the application.
(4)In this section:
required time means the latest of the following:
(a)if the conservator gives the applicant a personal information notice under section 25—28 days after the day the conservator receives the stated information;
(b)if the conservator gives the applicant an activity information notice under section 28—28 days after the day the conservator receives the information;
(c)if the conservator gives the applicant a risk management plan notice under section 29—28 days after the day the conservator receives the risk management plan;
(d)28 days after the day the conservator receives the application.
NoteFailure to issue a fisheries licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Licence—conditions
(1)A fisheries licence is subject to—
(a)any condition prescribed by regulation; and
(b)any other condition that the conservator reasonably believes is necessary to meet the objects of this Act.
Examples—par (b)
1 that the licensee may carry on the activity only during a stated season
2 that the licensee may carry on the activity only for non-commercial purposes
(2)A person commits an offence if—
(a)the person holds a fisheries licence; and
(b)the licence is subject to a condition; and
(c)the person fails to comply with the condition.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Licence—term
(1)A fisheries licence starts on the day stated in the licence.
(2)The conservator must not issue a fisheries licence for longer than 5 years.
(3)A fisheries licence expires on the day stated in the licence.
Licence—form
(1)A fisheries licence must—
(a)be in writing; and
(b)include the following information:
(i)the name of the licensee;
(ii)a unique identifying number (the licence number);
(iii)the licensed activity;
(iv)the term of the licence;
(v)the conditions on the licence;
(vi)anything else prescribed by regulation.
(2)A fisheries licence may include anything else the conservator considers relevant.
Division 4.4 Licences—amendment
Licence—amendment initiated by conservator
(1)The conservator may, by written notice (an amendment notice) given to a licensee, amend a fisheries licence if satisfied that—
(a)the licensee is a suitable person to hold the licence as amended; and
(b)if the licensee is a corporation—each influential person for the licensee is a suitable person to hold the licence as amended; and
(c)the licensed activity is a suitable activity for the licence as amended.
NoteSuitable activity
, for a fisheries licence—see s 26.
Suitable person, to hold a fisheries licence—see s 23.
(2)However, the conservator may amend the licence only if—
(a)the conservator has given the licensee written notice of the proposed amendment (a proposal notice); and
(b)the proposal notice states that written submissions about the proposal may be made to the conservator before the end of a stated period of at least 14 days after the day the proposal notice is given to the licensee; and
(c)after the end of the stated period, the conservator has considered any submissions made in accordance with the proposal notice.
(3)Subsection (2) does not apply to a person if the licensee applied for, or agreed in writing to, the amendment.
(4)The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.
Licence—application to amend licence
(1)A licensee may apply to the conservator to amend a fisheries licence.
(2)A licensee must apply to the conservator for amendment of a fisheries licence if someone else (the new person) is to—
(a)have management or control of the licensed activity; or
(b)if the licensee is a corporation—become an influential person for the licensee.
(3)The application must—
(a)be in writing; and
(b)if the application is under subsection (2)—include complete details of suitability information about the new person.
Note 1Suitability information, about a person—see s 24.
Note 2Giving false or misleading information is an offence against the Criminal Code, s 338.
Licence—decision on application to amend licence
(1)This section applies if the conservator receives an application to amend a fisheries licence under section 35.
(2)The conservator may amend the licence only if satisfied that as amended—
(a)the licensee is a suitable person to hold the licence; and
(b)if the licensee is a corporation—each influential person for the licensee is a suitable person to hold the licence; and
(c)if someone other than the proposed new licensee is to have management or control of the activity for the licence—each person who is to have management or control of the activity is a suitable person to hold the licence; and
(d)the licensed activity is a suitable activity for the licence; and
(e)the licence is not inconsistent with any conservator guideline.
NoteSuitable activity
, for a fisheries licence—see s 26.
Suitable person, to hold a fisheries licence—see s 23.
(3)If the conservator decides to amend the licence, the conservator may impose or amend a condition on the licence.
(4)The conservator must, not later than the required time—
(a)decide the application for amendment; and
(b)tell the licensee about the decision.
(5)In this section:
required time means the latest of the following:
(a)if the conservator gives a person mentioned in section 35 (2) a personal information notice under section 25—28 days after the day the conservator receives the stated information;
(b)if the conservator gives the applicant an activity information notice under section 28—28 days after the day the conservator receives the information;
(c)if the conservator gives the applicant a risk management plan notice under section 29—28 days after the day the conservator receives the risk management plan;
(d)28 days after the day the conservator receives the application.
NoteFailure to amend a fisheries licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
36ALicence—replacing when lost, stolen or destroyed
(1)The conservator may issue a replacement fisheries licence to a licensee if satisfied that the licensee’s original licence has been lost, stolen or destroyed.
(2)For subsection (1), the conservator may require the licensee to give the conservator a statement verifying that the original licence has been lost, stolen or destroyed.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
36BLicence—surrender
(1)A licensee may surrender a fisheries licence by giving written notice of the surrender (a surrender notice) to the conservator.
(2)The surrender notice must be accompanied by—
(a)the licence; or
(b)if the licence has been lost, stolen or destroyed—a statement by the licensee verifying that the licence has been lost, stolen or destroyed.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
36COffence—fail to notify change of name or address
(1)A person commits an offence if—
(a)the person is a licensee for a fisheries licence; and
(b)the person’s name or address changes; and
(c)the person does not, within 30 days after the change, give the conservator—
(i)written notice of the change; and
(ii)the licence.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
36DLicence—conservator to change name and address
(1)This section applies if a licensee for a fisheries licence gives the conservator—
(a)written notice of a change to the person’s name or address; and
(b)the licence.
(2)The conservator must enter the changed details on the licence and return it to the licensee.
Division 4.5 Licences—regulatory action
36EApplication—div 4.5
This division also applies to the licensee of a recreational group licence as if a reference in this division to a fisheries licence were a reference to a recreational group licence.
36FLicence—grounds for regulatory action
(1)Each of the following is a ground for regulatory action against a licensee for a fisheries licence:
(a)the licensee has contravened, or is contravening, a provision of this Act;
(b)the licensee has contravened a condition of the licence.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)In this section:
licensee includes, if the person is a corporation, each executive officer of the corporation.
36GLicence—regulatory action
Each of the following is regulatory action when taken against a licensee for a fisheries licence:
(a)imposing a condition on, or amending a condition on, the licence;
(b)suspending the licence for a stated period or until a stated thing happens;
(c)cancelling the licence;
(d)cancelling the licence and disqualifying the person from applying for a fisheries licence for a stated period or until a stated thing happens.
36HLicence—taking regulatory action
(1)If the conservator proposes to take regulatory action in relation to a licensee for a fisheries licence, the conservator must give the licensee a written notice (a show cause notice) stating—
(a)details of the proposed regulatory action; and
(b)the grounds for the proposed regulatory action; and
(c)that the licensee may, not later than 14 days after the day the licensee is given the notice, give a written submission to the conservator about the proposed regulatory action.
(2)In deciding whether to take the proposed regulatory action, the conservator must consider any submission given to the conservator in accordance with the show cause notice.
(3)If the conservator believes on reasonable grounds that a ground for regulatory action has been established in relation to the licensee, the conservator may—
(a)take the regulatory action stated in the show cause notice; or
(b)if the proposed regulatory action is cancelling the licence and disqualifying the person from applying for a fisheries licence—
(i)cancel the licence; or
(ii)suspend the licence; or
(iii)impose a condition on, or amend a condition on, the licence; or
(c)if the proposed regulatory action is cancelling the licence—
(i)suspend the licence; or
(ii)impose a condition on, or amend a condition on, the licence; or
(d)if the proposed regulatory action is suspending the licence—
(i)suspend the licence for a shorter period; or
(ii)impose a condition on, or amend a condition on, the licence.
(4)Regulatory action under this section takes effect on—
(a)the day the licensee is given written notice of the decision; or
(b)if the written notice states a later date of effect—that date.
36ILicence—immediate suspension
(1)This section applies if—
(a)the conservator gives a show cause notice to a licensee for a fisheries licence; and
(b)having regard to the grounds stated in the notice, the conservator believes on reasonable grounds that the fisheries licence should be suspended immediately because of a risk to—
(i)public safety; or
(ii)sustainability of a species of fish or aquatic habitat; or
(iii)the safety of a fish.
(2)The conservator must give the licensee a written notice (an immediate suspension notice) suspending the person’s licence.
(3)The suspension of a fisheries licence under this section takes effect when the immediate suspension notice is given to the licensee.
(4)The suspension of a fisheries licence under this section ends—
(a)if regulatory action is taken against the person—at the earlier of the following times:
(i)when the regulatory action takes effect;
(ii)30 days after the day the immediate suspension notice is given to the person; or
(b)if regulatory action is not taken against the person—at the earlier of the following times:
(i)when the person is given written notice of the conservator’s decision not to take regulatory action;
(ii)30 days after the day the immediate suspension notice is given to the person.
36JLicence—effect of suspension
(1)If the conservator suspends a fisheries licence, the licensee is, during the suspension—
(a)taken not to hold the licence; and
(b)disqualified from applying for a fisheries licence.
(2)A suspended fisheries licence does not authorise the carrying on of any licensed activity under the licence during the suspension.
36KOffence—fail to return amended, suspended or cancelled licences
(1)A person commits an offence if—
(a)the person is a licensee for a fisheries licence; and
(b)the licence is amended, suspended or cancelled under this division; and
(c)the person fails to return the licence to the conservator as soon as practicable (but not later than 7 days) after the day the person is given a reviewable decision notice under section 108.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
36LAction by conservator in relation to amended or suspended licence
(1)This section applies if—
(a)a fisheries licence is amended or suspended under this part; and
(b)the licence is returned to the conservator.
(2)For an amended fisheries licence, the conservator must—
(a)return the amended licence to the licensee; or
(b)give the licensee a replacement licence that includes the amendment.
(3)If a fisheries licence is suspended under this part and the suspension ends before the end of the term of the licence, the conservator must return the licence to the licensee when the suspension ends.
Division 4.6 Licence—register
36MFisheries licence register
(1)The conservator must keep a register of fisheries licences and recreational group licences (the fisheries licence register).
(2)The fisheries licence register must include the following details for each licence:
(a)the name of the licensee;
(b)the licence number;
(c)the licensed activity;
(d)the term of the licence;
(e)the conditions on the licence;
(f)anything else prescribed by regulation.
NoteLicence number—see s 33.
(3)The fisheries licence register may include anything else the conservator considers relevant.
(4)The fisheries licence register may be kept in any form, including electronically, that the conservator decides.
36NLicence register—correction and keeping up-to-date
(1)The conservator may correct a mistake, error or omission in the licence register.
(2)The conservator may change a detail included in the register to keep the register up-to-date.
36OOffence—fail to keep records
(1)A person commits an offence if—
(a)the person is a licensee; and
(b)the person does not keep the records required by regulation for the licence.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if—
(a)the person is a licensee for an activity involving a priority species; and
(b)the person does not keep the records required by regulation for the licence.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Part 5Commercial dealing
Division 5.1 Fish dealers
Fish dealers to be registered
(1)A person commits an offence if—
(a)the person receives, within the period prescribed by regulation, more than the prescribed number of fish; and
(b)the person is not registered as a fish dealer under this Act; and
(c)the person does not receive the fish from a person who is—
(i)registered as a fish dealer under this Act; or
(ii)registered or licensed as a fish dealer under a corresponding law.
Maximum penalty: 50 penalty units.
(2)This section does not apply to the person if—
(a)the fish are received for retail sale; or
(b)the fish are received for purposes other than sale.
(3)An offence against this section is a strict liability offence.
(4)In this section:
fish does not include oysters.
Application for registration
An application for registration as a fish dealer must be given to the conservator.
NoteFor how documents may be given, see Legislation Act, pt 19.5.
Decision on application
(1)The conservator must, on application being made under section 38—
(a)register the applicant as a fish dealer; or
(b)refuse to register the applicant.
(2)In deciding whether to register an applicant, the conservator must consider whether the applicant has been convicted, or found guilty, of an offence against this Act or a law of a State corresponding to this Act.
(3)Subsection (2) does not limit the matters the conservator may consider in deciding whether to register an applicant.
Term of registration
The registration of a person as a fish dealer is for the term of not longer than 7 years stated in the register in relation to the person.
Suspension of registration
If a registered fish dealer fails to give information in accordance with a direction under section 64 (2), the conservator may, by notice in writing given to the dealer, suspend the dealer’s registration.
NoteFor how documents may be given, see Legislation Act, pt 19.5.
Cancellation of registration
The conservator may cancel a fish dealer’s registration if—
(a)the dealer is convicted, or found guilty, of an offence against this Act, or a law of a State corresponding to this Act; or
(b)the dealer’s registration has been suspended for failure to give information in accordance with a direction under section 64 (2) and the dealer has failed to give that information within 14 days after the day of suspension.
Register of dealers
(1)The conservator must prepare and keep a register of fish dealers.
(2)A person is registered as a fish dealer if the conservator enters in the register—
(a)the person’s name; and
(b)if the person carries on business in the ACT as a fish dealer under a name other than the person’s own name—the name under which the person carries on business; and
(c)each place in the ACT where the person carries on business as a fish dealer.
Inspection of register
(1)A person may, without charge, inspect the register during the office hours of the office of the conservator.
(2)A person may, on payment of the reasonable copying costs, obtain a copy of all or part of the register.
Division 5.2 Commercial fishers
Sale of fish by commercial fishers
(1)The holder of a commercial fishing licence under this Act or a corresponding law must not sell in a day more than the quantity of fish prescribed by regulation.
Maximum penalty: 100 penalty units.
(2)Subsection (1) does not apply in relation to any quantity of fish sold to a person who is registered or licensed as a fish dealer under this Act or a corresponding law.
(3)In this section:
fish does not include oysters.
Part 6Aquaculture
Meaning of aquaculture
In this Act:
aquaculture—
(a) means the farming of fish or aquatic vegetation for trade, business or research; but
(b)does not include—
(i) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially); or
(ii) anything done in maintaining a collection of fish or aquatic vegetation that is not used for a commercial purpose; or
(iii) an activity prescribed by regulation.
Aquaculture guidelines
(1)The conservator may make guidelines about how aquaculture may be undertaken in the Territory (the aquaculture guidelines).
(2)In preparing aquaculture guidelines, the conservator must consider the following:
(a)any possible biosecurity risks;
(b)the species and numbers of fish suitable for aquaculture.
(3)An aquaculture guideline is a notifiable instrument.
Aquaculture limit
A regulation may prescribe a threshold capacity over which a licence authorising aquaculture is required (an aquaculture capacity limit).
Aquaculture offences
(1)A person commits an offence if—
(a)the person undertakes aquaculture; and
(b)the person does not comply with the aquaculture guidelines.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person undertakes aquaculture; and
(b)the capacity of the structure used to contain fish for the aquaculture is more than the aquaculture capacity limit; and
(c)the person does not hold a licence authorising the person to undertake the aquaculture.
Maximum penalty: 100 penalty units.
(3)In this section:
aquaculture capacity limit—see section 48.
Part 7Enforcement
Note for pt 7
The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
Division 7.1A Fisheries officers
Appointment
The director-general may appoint a person as a fisheries officer for this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Identity cards
(1)The director-general must give each fisheries officer an identity card that states the person’s name and appointment as a fisheries officer, and shows—
(a)a recent photograph of the person; and
(b)the date of issue of the card; and
(c)the date of expiry of the card; and
(d)anything else prescribed by regulation.
(2)A person commits an offence if the person—
(a)stops being a fisheries officer; and
(b)does not return the person’s identity card to the director‑general as soon as practicable (but within 7 days) after the day the person stops being a fisheries officer.
Maximum penalty: 5 penalty units.
(3)Subsection (2) does not apply to a person if the person’s identity card is—
(a)lost or stolen; or
(b)destroyed by someone else.
(4)An offence against this section is a strict liability offence.
Fisheries officer must show identity card on exercising power
(1)If a fisheries officer exercises a power under this part that affects an individual, the fisheries officer must first show the fisheries officer’s identity card to the individual.
(2)If a fisheries officer exercises a power under this part that affects an entity, other than an individual, the fisheries officer must first show the fisheries officer’s identity card to an individual the fisheries officer believes on reasonable grounds is an employee, officer or agent of the entity.
Examples—person other than an individual
corporation, partnership
Division 7.1 Powers for places
Meaning of occupier for div 7.1
In this division:
occupier, of a place, includes—
(a) a person believed on reasonable grounds to be an occupier of the place; and
(b) a person apparently in charge of the place.
Power to enter premises
(1)For this Act, an authorised person may—
(a)at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
NotePremises includes land (whether vacant or occupied), a vehicle or a vessel (see dict).
(b)at any time, enter premises with the occupier’s consent; or
(c)at any reasonable time, enter premises—
(i)where a thing is kept under a fisheries licence; or
(ii)if the authorised person suspects that a fish that is not an exempt species, or a part of critical habitat, is on the premises; or
(d)enter premises in accordance with a search warrant; or
(e)at any time, enter premises if the authorised person believes on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or
(f)if a vehicle is stopped under section 67—enter the vehicle.
(2)However, subsection (1) (a) and (c) do not authorise entry into a part of premises that is being used only for residential purposes.
(3)For subsection (1) (e), the authorised person may enter the premises with any necessary and reasonable assistance and force.
(4)An authorised person may, without the consent of the occupier of premises—
(a)if the premises are land—enter the land to ask for consent to remain at the premises; or
(b)in any other case—enter land around the premises to ask for consent to enter the premises.
(5)To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.
(6)In this section:
at any reasonable time includes at any time when the public is entitled to use the premises or when the premises are open to or used by the public (whether or not on payment of money).
54AProduction of identity card
An authorised person must not remain at premises entered under this part if the authorised person does not produce their identity card when asked by the occupier.
Consent to entry
(1)This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place.
(2)Before asking for the consent, the authorised person must tell the occupier—
(a)of the purpose of the entry; and
(b)that the occupier is not required to consent.
(3)If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.
(4)The acknowledgment must state that—
(a)the occupier was told—
(i)of the purpose of the entry; and
(ii)that the occupier is not required to consent; and
(b)the occupier gives an authorised person consent to enter the place and exercise powers under this Act; and
(c)the time and date the consent was given.
(5)If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.
(6)Subsection (7) applies to a court if—
(a)a question arises, in a proceeding in the court, whether the occupier of a place consented to an authorised person entering the place under this Act; and
(b)an acknowledgment under this section is not produced in evidence for the entry; and
(c)it is not proved that the occupier consented to the entry.
(7)The court may presume that the occupier did not consent.
Routine inspection of business premises
(1)To find out whether this Act is being complied with, a fisheries officer may enter business premises of a fish dealer or the holder of a commercial fishing licence at any time the premises are being used.
(2)In this section:
business premises includes residential premises used for business purposes.
Warrants to enter
(1)A fisheries officer may apply to a magistrate for a warrant to enter a place.
(2)The application must be sworn and state the grounds on which the warrant is sought.
(3)The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
(4)The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and
(b)the evidence is, or may be within the next 14 days, at the place.
(5)The warrant must state—
(a)that a fisheries officer may, with necessary help and force, enter the place and exercise the officer’s powers under this Act; and
(b)the offence for which the warrant is sought; and
(c)the evidence that may be seized under the warrant; and
(d)the hours when the place may be entered; and
(e)the date, within 14 days after the warrant’s issue, the warrant ends.
Warrants—application made other than in person
(1)A fisheries officer may apply for a warrant by phone, fax, radio or other form of communication if the officer considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances.
(2)Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought.
(3)The officer may apply for the warrant before the application is sworn.
(4)After issuing the warrant, the magistrate must immediately provide a written copy to the officer if it is reasonably practicable to do so.
(5)If it is not reasonably practicable to provide a written copy to the officer—
(a)the magistrate must—
(i)tell the officer what the terms of the warrant are; and
(ii)tell the officer the date and time the warrant was issued; and
(b)the officer must complete a form of warrant (warrant form) and write on it—
(i)the magistrate’s name; and
(ii)the date and time the magistrate issued the warrant; and
(iii)the warrant’s terms.
(6)The written copy of the warrant, or the warrant form properly completed by the officer, has the same effect as a warrant issued under section 57.
(7)The officer must, at the first reasonable opportunity, send the magistrate—
(a)the sworn application; and
(b)if the officer completed a warrant form—the completed warrant form.
(8)On receiving the documents, the magistrate must attach them to the warrant.
(9)Subsection (10) applies to a court if—
(a)a question arises, in a proceeding in or before the court, whether a power exercised by a fisheries officer was not authorised by a warrant issued under this section; and
(b)the warrant is not produced in evidence.
(10)The court must presume that the exercise of a power was not authorised by a warrant issued under this section, unless the contrary is proved.
General powers on entry to premises
(1)An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises:
(a)inspect or examine;
(b)take measurements or conduct tests;
(c)take samples;
(d)take photographs, films or audio, video or other recordings;
(e)require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part.
Note 1Premises includes land (whether vacant or occupied), a vehicle or a vessel (see dict).
Note 2The Legislation Act, s 170 and s 171 deal with the application of the privilege against self‑incrimination and client legal privilege.
(2)A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (e).
Maximum penalty: 20 penalty units.
Powers on entry for routine inspection of business premises
A fisheries officer who enters a place under section 56 (Routine inspection of business premises) may—
(a)inspect, measure, photograph or film the place or anything in it; or
(b)test or take samples of anything in the place; or
(c)take the people, equipment and materials the officer reasonably needs for exercising a power under this Act into the place.
Powers on entry under a warrant
(1)A fisheries officer who enters a place under section 57 (Warrants to enter) or section 58 (Warrants—application made other than in person) may—
(a)search any part of the place; or
(b)inspect, measure, photograph or film the place or anything in it; or
(c)test or take samples of anything in the place; or
(d)copy a document in the place; or
(e)take the people, equipment and materials the officer reasonably needs for exercising a power under this Act into the place; or
(f)require a person in the place to give the officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e).
(2)A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (f).
Maximum penalty: 50 penalty units.
NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
Entry into waters, and along banks etc
An authorised person may for this Act, at any time, pass along the banks or borders of any public waters or on land beside any public waters within a reasonable distance of the waters.
Division 7.2 Other powers
Direction to provide information
(1)This section applies if an authorised person suspects on reasonable grounds that a person has information or documents reasonably required by the authorised person for the administration or enforcement of this Act.
(2)The authorised person may direct the person to provide the information or documents to the authorised person (an information direction).
(3)The direction must be in writing and state—
(a)the name of the person to whom it is directed; and
(b)the information or documents required to be provided; and
(c)why the information or documents are required; and
(d)when the direction must be complied with (the due date), being a day at least 2 days after the day the direction is given to the person; and
(e)that if the information is not provided by the due date the person may be committing an offence under section 65.
Offence—fail to comply with information direction
(1)A person commits an offence if the person—
(a)is subject to an information direction; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
NoteIt is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).
(2)An offence against this section is a strict liability offence.
(3)This section does not apply if—
(a)the person did not know, and could not reasonably be expected to know or find out, the information required under the direction; or
(b)the person did not have reasonable access to the documents required under the direction; or
(c)the authorised person did not produce the authorised person’s identity card for inspection by the person as soon as practicable after giving the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Immediate information direction
(1)An authorised person may require a person to state the person’s name and home or business address (a name and address direction) if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason.
(3)If the authorised person believes on reasonable grounds that the person’s response to a name and address direction is false or misleading, the authorised person may direct the person to produce evidence (an evidence direction)—
(a)as soon as practicable; or
(b)if the person does not have evidence reasonably available—to the authorised person’s office within 2 business days after the day the direction is given.
(4)A person commits an offence if the person—
(a)is subject to—
(i)a name and address direction; or
(ii)an evidence direction; and
(b)fails to comply with the direction.
Maximum penalty: 10 penalty units.
(5)An offence against this section is a strict liability offence.
Direction to stop vehicle containing fish etc
(1)This section applies if an authorised person believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against this Act.
(2)The authorised person may, to exercise a function under part 7 (Enforcement), direct the driver of the vehicle to stop the vehicle (a stop vehicle direction)—
(a)without delay; or
(b)at the nearest place that the vehicle can be safely stopped as indicated by the authorised person.
NoteAn authorised person can enter a vehicle stopped under this section (see s 54 (1) (f)) and inspect or examine, etc anything in the vehicle (see s 59).
(3)A direction may be given to a driver orally or by means of a sign or signal (electronic or otherwise) or in any other way.
(4)A direction to a driver ceases to be operative to the extent that an authorised person—
(a)gives the driver or other person a later inconsistent direction; or
(b)indicates to the driver that the direction is no longer operative.
(5)However, an authorised person may direct a vehicle to be stopped only for the amount of time necessary for the authorised person to exercise the function.
(6)In this section:
in, a vehicle, includes on the vehicle.
vehicle includes vessel.
Offence—fail to comply with stop vehicle direction
(1)A person commits an offence if the person—
(a)is subject to a stop vehicle direction under section 67; and
(b)fails to comply with the direction.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to a person if the authorised person did not produce the authorised person’s identity card for inspection by the person as soon as practicable after giving the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Direction to remove gear from water
(1)This section applies if an authorised person believes on reasonable grounds that a person is using fishing gear in contravention of this Act.
(2)An authorised person may direct a person to remove from waters any fishing gear being used by the person.
(3)If an authorised person gives a direction to a person, the authorised person must—
(a)tell the person that it is an offence if the person fails to comply with the direction; and
(b)give the direction in a language, or way of communicating that the person is likely to understand.
(4)A person commits an offence if the person—
(a)is subject to a direction under subsection (2); and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
(6)This section does not apply to a person if—
(a)the person has a reasonable excuse for failing to comply with the direction; or
(b)the authorised person did not produce the authorised person’s identity card for inspection by the person as soon as practicable after giving the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code, s 58).
Urgent directions
(1)This section applies if an authorised person reasonably believes that a person—
(a)has breached, is breaching or is about to breach a fisheries licence; or
(b)has contravened, is contravening or is about to contravene a provision of this Act; or
(c)has engaged in, is engaging in or is about to engage in conduct that may threaten the management of fisheries.
(2)The authorised person may direct (an urgent direction) the person to—
(a)take action to stop the breach, contravention or threat; or
(b)cease conduct causing the breach, contravention or threat.
(3)An urgent direction must either—
(a)state—
(i)the action to be taken; and
(ii)when the direction must be complied with; or
(b)state—
(i)the conduct not to be undertaken; and
(ii)how long the direction is in force.
Offence—fail to comply with urgent direction
(1)A person commits an offence if the person—
(a)is subject to an urgent direction; and
(b)fails to take reasonable steps to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to a person if the authorised person did not produce the authorised person’s identity card for inspection by the person as soon as practicable after giving the direction.
Authorised person’s directions
(1)This section applies if—
(a)1 or more of the following is in waters:
(i)a native fish species;
(ii)critical habitat; and
(b)the authorised person reasonably believes that the occupier of the waters may engage in conduct that may threaten native fish species or critical habitat.
(2)The authorised person may give the occupier a direction about the protection or conservation of the species, community or habitat (an authorised person’s direction).
(3)An authorised person’s direction must not be inconsistent with a fisheries management plan.
(4)An authorised person’s direction must—
(a)be in writing; and
(b)state when the direction must be complied with, being a day at least 14 days after the day the direction is given to the occupier.
72AOffence—fail to comply with authorised person’s direction
(1)A person commits an offence if the person—
(a)is subject to an authorised person’s direction; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to a person if the person took reasonable steps to comply with the authorised person’s direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
72BTreatment directions
(1)This section applies if an authorised person reasonably believes that a person—
(a)is keeping a fish and—
(i)the fish is carrying a disease or suffers from a condition; and
(ii)it is necessary or desirable for a particular kind of treatment to be carried out in connection with the disease or condition; or
(b)is the occupier of land that—
(i)has waters containing an aquatic habitat; and
(ii)it is necessary or desirable for a particular treatment to be carried out in connection with the habitat.
(2)The authorised person may direct the keeper of the fish or the occupier of the land to carry out a stated treatment on the fish or aquatic habitat (a treatment direction).
Examples—treatment direction of aquatic habitat
1 removing fallen timber
2 removing an invasive plant species
3 draining a dam
(3)In deciding whether to make a treatment direction, the authorised person must consider—
(a)if the treatment direction is in relation to a fish—the following:
(i)the likelihood of the disease infecting other fish;
(ii)the impact of the disease if it were to infect other fish;
(iii)any matter prescribed by regulation; or
(b)if the treatment direction is in relation to an aquatic habitat—the following:
(i)the impact if the direction were not followed;
(ii)any matter prescribed by regulation.
(4)A treatment direction must be in writing and state the following:
(a)the fish or aquatic habitat to which it relates;
(b)if the direction is made in relation to a fish—the disease or condition to which it relates;
(c)the treatment to be carried out;
(d)when the direction must be complied with.
72COffence—fail to comply with treatment direction
A person commits an offence if the person—
(a)is subject to a treatment direction; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
72DPower to seize things
(1)An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if—
(a)the authorised person is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and
(b)seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.
(2)An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant.
Legislation history
Fisheries Act 2000 A2000-38
notified 20 July 2000 (Gaz 2000 No 29)
s 1, s 2 commenced 20 July 2000 (IA s 10B)remainder commenced 13 September 2000 (Gaz 2000 No 35)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 155
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 155 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 A2002-11 pt 2.22
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.22 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 A2002-30 pt 3.29
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))pt 3.29 commenced 17 September 2002 (s 2 (1))
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.12
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
amdt 3.266, amdt 3.269 commenced 10 December 2003 (s 2 (3))sch 3 pt 3.12 remainder commenced 9 October 2003 (s 2 (1))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.16, sch 2 pt 2.37
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.16, sch 2 pt 2.37 commenced 9 April 2004 (s 2 (1))Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.21
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))sch 1 pt 1.21 commenced 24 November 2005 (s 2)
Fisheries Amendment Act 2006 A2006-48
notified LR 28 November 2006
s 1, s 2 commenced 28 November 2006 (LA s 75 (1))remainder commenced 29 November 2006 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.46
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.46 commenced 12 April 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.43
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.43 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.32
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.32 commenced 17 December 2009 (s 2)
Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.3
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
pt 1.3 commenced 22 February 2013 (s 2)Nature Conservation Act 2014 A2014‑59 sch 2 pt 2.7
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
sch 2 pt 2.7 commenced 11 June 2015 (s 2 (1) and LA s 79)Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.28
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.28 commenced 14 October 2015 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.15
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.15 commenced 23 October 2018 (s 2 (4))Fisheries Legislation Amendment Act 2019 A2019-27 pt 2
notified LR 2 October 2019
s 1, s 2 commenced 2 October 2019 (LA s 75 (1))
pt 2 commenced 18 November 2019 (s 2 and CN2019-17)Planning and Environment Legislation Amendment Act 2020 A2020‑22 pt 5
notified LR 10 June 2020
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))
pt 5 commenced 11 June 2020 (s 2)Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.18
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.18 commenced 23 June 2021 (s 2 (1))Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.16
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.16 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.27
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.27 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.7, sch 3 pt 3.6
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
sch 2 pt 2.7, sch 3 pt 3.6 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.43, sch 4 pt 4.77
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.43, sch 4 pt 4.77 commenced 16 November 2025 (s 2 (1), (9))Environment Legislation Amendment Act 2025 A2025-28 pt 7
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 7 commenced 26 November 2025 (s 2)Amendment history
Commencement
s 2om R1 LRA
Objects
s 3am A2007‑3 amdt 3.244; A2019‑27 s 4, s 5
Notes
s 4Ains A2005‑54 amdt 1.143
Offences against Act—application of Criminal Code etc
s 4Bins A2005‑54 amdt 1.143
Fisheries management plan
pt 2 hdgsub A2019‑27 s 6
Meaning of fisheries management plan
s 5sub A2019‑27 s 6
Preparation and public consultation
s 6sub A2001‑44 amdt 1.1746; A2019‑27 s 6
am A2025‑29 amdt 4.77
Approval of plan
s 7sub A2001‑44 amdt 1.1746
am A2003‑41 amdt 3.260; A2015‑33 amdt 1.87
sub A2019‑27 s 6
am A2025‑29 amdt 4.77
Minister to approve plan
s 8sub A2001‑44 amdt 1.1746; A2019‑27 s 6
am A2025‑29 amdt 4.77
Formal changes to draft plan
s 8Ains A2001‑44 amdt 1.1746
am A2015‑33 amdt 1.88
om A2019‑27 s 6
Minister’s direction to revise plan
s 9am A2001‑44 amdt 1.1747
sub A2019‑27 s 6
Minor amendments to plan
s 10sub A2019‑27 s 6
Review of plan
s 11sub A2019‑27 s 6
am A2025‑29 amdt 4.77
Fisheries management plan—conservator to implement
s 12am A2001‑44 amdt 1.1748, amdt 1.1749
sub A2019‑27 s 6
Fishing closures and declarations
pt 3 hdgsub A2001‑44 amdt 1.1750
Fishing closures
s 13am A2001‑44 amdt 1.1751, amdt 1.1752
sub A2019‑27 s 7
am A2025‑29 amdt 4.77
Declaration of noxious fish
s 14am A2001‑44 amdt 1.1753, amdt 1.1754; A2019‑27 s 8; A2025‑29 amdt 4.77
Declaration of fish of a prohibited size or weight
s 15am A2001‑44 amdt 1.1755, amdt 1.1756; A2019‑27 s 8; A2025‑29 amdt 4.77
Declaration of fish quantity
s 16am A2001‑44 amdt 1.1757, amdt 1.1758; A2019‑27 s 8; A2025‑29 amdt 4.77
Declaration of possession limit
s 16Ains A2019‑27 s 9
am A2020-22 s 13; A2025‑29 amdt 4.77
Declaration of fishing gear
s 17am A2001‑44 amdt 1.1759, amdt 1.1760; A2019‑27 s 10; A2025‑29 amdt 4.77
Declaration of exempt species
s 18om A2001‑44 amdt 1.1761
ins A2019‑27 s 11
am A2025‑29 amdt 4.77
Declaration of critical habitat
s 18Ains A2019‑27 s 11
am A2025‑29 amdt 4.77
Fisheries licences
pt 4 hdgsub A2019‑27 s 12
Licences—preliminary
div 4.1 hdgsub A2019‑27 s 12
Meaning of fisheries licence
s 19am A2006‑48 s 4
sub A2019‑27 s 12
Meaning of recreational group licence
s 20sub A2019‑27 s 12
Licences—application and suitability
div 4.2 hdgsub A2019‑27 s 12
Application
s 21sub A2019‑27 s 12
am A2025‑29 amdt 4.77
Recreational group licence application
s 22sub A2019‑27 s 12
Priority species licences
s 22Ains A2006‑48 s 5
om A2019‑27 s 12
Who is a suitable person to hold a fisheries licence—pt 4
s 23sub A2001‑44 amdt 1.1762
am A2003‑41 amdt 3.261
sub A2019‑27 s 12
Meaning of suitability information about a person—pt 4
s 24am A2003‑41 amdt 3.262
sub A2019‑27 s 12
am A2024‑11 amdt 3.11; A2025‑28 s 19
Suitability of people—further information about people
s 25sub A2019‑27 s 12
What is a suitable activity for a fisheries licence?
s 26am A2002‑30 amdt 3.373; A2014‑59 amdt 2.22
sub A2019‑27 s 12
What is suitability information about an activity?
s 27sub A2019‑27 s 12
am A2024‑11 amdt 2.18, amdt 2.19
Suitability of activities—further information about activity
s 28am A2002‑30 amdt 3.373; A2006‑48 s 6; A2014‑59 amdts 2.23-2.25
sub A2019‑27 s 12
Issue of priority species licences—relevant considerations
s 28Ains A2006‑48 s 7
am A2014‑59 amdt 2.26
om A2019‑27 s 12
Suitability of activities—risk management plan
s 29am A2006‑48 s 8
sub A2019‑27 s 12
Licences—decision
div 4.3 hdgins A2019‑27 s 12
Licence—decision on application
s 30sub A2019‑27 s 12
Licence—conditions
s 31am A2003‑41 amdt 3.262
sub A2019‑27 s 12
Licence—term
s 32sub A2019‑27 s 12
Licence—form
s 33am A2003‑41 amdt 3.262
sub A2019‑27 s 12
Licences—amendment
div 4.4 hdgins A2019‑27 s 12
Licence—amendment initiated by conservator
s 34am A2002‑30 amdt 3.373; A2003‑41 amdt 3.262; A2014‑59 amdt 2.27
sub A2019‑27 s 12
Licence—application to amend licence
s 35sub A2019‑27 s 12
am A2025‑29 amdt 4.77
Licence—decision on application to amend licence
s 36sub A2019‑27 s 12
Licence—replacing when lost, stolen or destroyed
s 36Ains A2019‑27 s 12
am A2025‑29 amdt 4.77
Licence—surrender
s 36Bins A2019‑27 s 12
amA2021-12 amdt 3.39
Offence—fail to notify change of name or address
s 36Cins A2019‑27 s 12
Licence—conservator to change name and address
s 36Dins A2019‑27 s 12
Licences—regulatory action
div 4.5 hdgins A2019‑27 s 12
Application—div 4.5
s 36Eins A2019‑27 s 12
Licence—grounds for regulatory action
s 36Fins A2019‑27 s 12
Licence—regulatory action
s 36Gins A2019‑27 s 12
Licence—taking regulatory action
s 36Hins A2019‑27 s 12
Licence—immediate suspension
s 36Iins A2019‑27 s 12
Licence—effect of suspension
s 36Jins A2019‑27 s 12
Offence—fail to return amended, suspended or cancelled licences
s 36Kins A2019‑27 s 12
Action by conservator in relation to amended or suspended licence
s 36Lins A2019‑27 s 12
Licence—register
div 4.6 hdgins A2019‑27 s 12
Fisheries licence register
s 36Mins A2019‑27 s 12
Licence register—correction and keeping up-to-date
s 36Nins A2019‑27 s 12
Offence—fail to keep records
s 36Oins A2019‑27 s 12
Fish dealers to be registered
s 37sub A2005‑54 amdt 1.144
Applications for registration
s 38sub A2001‑44 amdt 1.1763
am A2003‑41 amdt 3.263; A2021-12 amdt 3.39; A2025‑29 amdt 4.77
Suspension of registration
s 41am A2003‑41 amdt 3.264; A2019‑27 s 13
Cancellation of registration
s 42am A2019‑27 s 14
Register of dealers
s 43am A2022‑14 amdt 3.94, amdt 3.95
Sale of fish by commercial fishers
s 45sub A2005‑54 amdt 1.145
Aquaculture
pt 6 hdgsub A2019‑27 s 15
Keeping records and giving information
div 6.1 hdgom A2019‑27 s 15
Meaning of aquaculture
s 46 hdgsub A2006‑48 s 9
s 46am A2001‑44 amdt 1.1764, amdt 1.1765
sub A2005‑54 amdt 1.146
am A2006‑48 ss 10-12; ss renum R10 LA
sub A2019‑27 s 15
Aquaculture guidelines
s 47 hdgsub A2006‑48 s 13
s 47sub A2005‑54 amdt 1.146
am A2006‑48 s 14; ss renum R10 LA
sub A2019‑27 s 15
am A2025‑29 amdt 4.77
Aquaculture limit
s 48sub A2005‑54 amdt 1.146; A2019‑27 s 15
Aquaculture offences
s 49 hdgsub A2006‑48 s 15
s 49am A2003‑41 amdt 3.264; A2005‑54 amdt 1.147; A2006‑48 ss 16-18; ss renum R10 LA
sub A2019‑27 s 15
Powers in relation to records
div 6.2 hdgom A2019‑27 s 15
Enforcement
pt 7 hdgsub A2019‑27 s 16
Conservation officer’s powers
pt 7 noteins A2002‑11 amdt 2.44
Fisheries officers
div 7.1A hdg ins A2019‑27 s 17
Appointment
s 50om A2004‑15 amdt 2.85
ins A2019‑27 s 17
Identity cards
s 51sub A2019‑27 s 17
Fisheries officer must show identity card on exercising power
s 52am A2001‑44 amdt 1.1766, amdt 1.1767
sub A2019‑27 s 17
Power to enter premises
s 54sub A2019‑27 s 18
Production of identity card
s 54Ains A2019‑27 s 18
Consent to entry
s 55am A2019‑27 ss 19-21
Routine inspection of business
s 56am A2019‑27 s 22
Warrants to enter
s 57am A2019‑27 s 22
Warrants—application made other than in person
s 58am A2018‑33 amdt 1.27, amdt, 1.28; A2019‑27 s 22
General powers on entry to premises
s 59sub A2019‑27 s 23
Powers on entry for routine inspection of business premises
s 60am A2003‑41 amdt 3.265; A2019‑27 s 24
Powers on entry under a warrant
s 61am A2003‑41 amdt 3.265; A2005‑54 amdt 1.148; A2019‑27 s 24
Identity cards must be produced
s 62om A2019‑27 s 25
Entry into waters, and along banks etc
s 63am A2019‑27 s 26
Other powers
div 7.2 hdgsub A2019‑27 s 27
Direction to provide information
s 64sub A2005‑54 amdt 1.149
am A2009‑49 amdt 3.73
sub A2019‑27 s 27
am A2025‑29 amdt 4.77
Offence—fail to comply with information direction
s 65am A2005‑54 amdt 1.150; ss renum A2005‑54 amdt 1.151
sub A2019‑27 s 27
Immediate information direction
s 66sub A2019‑27 s 27
Direction to stop vehicle containing fish etc
s 67sub A2019‑27 s 27
am A2025‑29 amdt 4.77
Offence—fail to comply with stop vehicle direction
s 68sub A2019‑27 s 27
Direction to remove gear from water
s 69sub A2019‑27 s 27
Urgent directions
s 70om A2004‑15 amdt 2.85
ins A2019‑27 s 27
Offence—fail to comply with urgent direction
s 71om A2004‑15 amdt 2.85
ins A2019‑27 s 27
Authorised person’s directions
s 72om A2004‑15 amdt 2.85
ins A2019‑27 s 27
am A2025‑29 amdt 4.77
Offence—fail to comply with authorised person’s direction
s 72Ains A2019‑27 s 27
Treatment directions
s 72Bins A2019‑27 s 27
am A2025‑29 amdt 4.77
Offence—fail to comply with treatment direction
s 72Cins A2019‑27 s 27
Power to seize things
s 72Dins A2019‑27 s 27
Receipt for things seized
s 72Eins A2019‑27 s 27
Moving things to another place for examination or processing under search warrant
s 72Fins A2019‑27 s 27
Access to things seized
s 72Gins A2019‑27 s 27
Return of things seized
s 72Hins A2019‑27 s 27
am A2025‑28 s 20
Miscellaneous
div 7.3 hdgsub A2019‑27 s 27
Damage etc to be minimised
s 72Iins A2019‑27 s 27
Compensation for exercise of enforcement powers
s 72Jins A2019‑27 s 27
Offences
pt 8 hdgsub A2005‑54 amdt 1.152
Preliminary
div 8.1Ains A2019‑27 s 27
Exempt conduct—pt 8
s 73om A2002‑11 amdt 2.45
ins A2019‑27 s 28
Unauthorised activities
div 8.1 hdgsub A2005‑54 amdt 1.152
Taking fish for sale without licence etc
s 74sub A2005‑54 amdt 1.152; A2019‑27 s 29
Taking fish contrary to licence
s 75sub A2005‑54 amdt 1.152; A2019‑27 s 29
Importing or exporting live fish without authority
s 76sub A2005‑54 amdt 1.152
am A2019‑27 s 30, s 31
Trafficking in commercial quantity of fish of priority species
s 76Ains A2006‑48 s 19
sub A2019‑27 s 32
Taking commercial quantity of fish of priority species
s 76Bins A2006‑48 s 19
sub A2019‑27 s 32
Possessing commercial quantity of fish of a priority species
s 76Cins A2006‑48 s 19
sub A2019‑27 s 32
Possessing fish obtained illegally
s 77sub A2005‑54 amdt 1.152
Noxious fish
s 78sub A2005‑54 amdt 1.152; A2019‑27 s 33
am A2024‑11 amdt 2.20
Release of fish
s 79sub A2005‑54 amdt 1.152; A2019‑27 ss 34-36
General offences
div 8.2 hdgsub A2005‑54 amdt 1.152
Fishing closure offences
s 80sub A2005‑54 amdt 1.152; A2019‑27 s 37
Prohibited size and weight offences
s 81sub A2005‑54 amdt 1.152
am A2019‑27 s 38
Offence—exceed quantity limit
s 82 hdgsub A2019‑27 s 39
s 82sub A2005‑54 amdt 1.152
am A2019‑27 s 40, s 41
Offence—exceed possession limit
s 82Ains A2019‑27 s 42
Beheading or filleting fish
s 83sub A2005‑54 amdt 1.152
Use of live fin fish as bait etc
s 84sub A2005‑54 amdt 1.152
Offences in relation to fishing gear
div 8.3 hdgsub A2005‑54 amdt 1.152
Use of fishing gear generally
s 85sub A2005‑54 amdt 1.152
am A2019‑27 s 43
Non-permitted fishing gear
s 86sub A2005‑54 amdt 1.152
am A2019‑27 s 44, s 45
Offence—use prohibited gear
s 86Ains A2019‑27 s 46
Offence—prohibited gear retail display
s 86Bins A2019‑27 s 46
Use and possession of commercial fishing gear
s 87sub A2005‑54 amdt 1.152
am A2019‑27 s 47; A2025‑29 amdt 4.77
Protection of aquatic habitats
div 8.4 hdgsub A2005‑54 amdt 1.152
Meaning of aquatic habitat
s 88am A2001‑44 amdt 1.1768, amdt 1.1769
sub A2005‑54 amdt 1.152; A2019‑27 s 48
Spawning areas and aquatic habitat
s 88Ains A2019‑27 s 48
Spawning areas
s 89am A2001‑44 amdt 1.1768, amdt 1.1769
om A2005‑54 amdt 1.152
Infringement notices for certain offences
pt 9 hdgom A2003‑41 amdt 3.266
Interpretation
div 9.1 hdgom A2003‑41 amdt 3.266
Definitions for pt 9
s 90om A2003‑41 amdt 3.266
Infringement and reminder notices
div 9.2 hdgom A2003‑41 amdt 3.266
Purpose and effect of div 9.2
s 91om A2003‑41 amdt 3.266
Service of infringement notices
s 92om A2003‑41 amdt 3.266
Contents of infringement notices
s 93om A2003‑41 amdt 3.266
Additional information in infringement notices
s 94om A2003‑41 amdt 3.266
Time for payment of infringement notice penalty
s 95om A2003‑41 amdt 3.266
Extension of time to pay penalty
s 96om A2003‑41 amdt 3.266
Effect of payment of infringement notice penalty
s 97om A2003‑41 amdt 3.266
Application for withdrawal of infringement notice
s 98om A2003‑41 amdt 3.266
Withdrawal of infringement notice
s 99om A2003‑41 amdt 3.266
Reminder notices
s 100om A2003‑41 amdt 3.266
Contents of reminder notices
s 101om A2003‑41 amdt 3.266
Additional information in reminder notices
s 102om A2003‑41 amdt 3.266
Disputing liability
div 9.3 hdgom A2003‑41 amdt 3.266
Disputing liability for an infringement notice offence
s 103om A2003‑41 amdt 3.266
Extension of time to dispute liability
s 104om A2003‑41 amdt 3.266
Procedure if liability disputed
s 105om A2003‑41 amdt 3.266
Miscellaneous
div 9.4 hdgom A2003‑41 amdt 3.266
Evidentiary certificates
s 106om A2003‑41 amdt 3.266
Notification and review of decisions
pt 10 hdgsub A2008‑37 amdt 1.180
Meaning of reviewable decision—pt 10
s 107sub A2008‑37 amdt 1.180
Reviewable decision notices
s 108sub A2008‑37 amdt 1.180
am A2025‑29 amdt 4.77
Applications for review
s 108Ains A2008‑37 amdt 1.180
am A2025‑29 amdt 4.77
Delegation
s 109sub A2003‑41 amdt 3.267
am A2019‑27 s 49
Acts and omissions of representatives
s 110sub A2004‑15 amdt 1.18
Criminal liability of executive officers
s 111sub A2013-4 amdt 1.3
am A2019‑27 s 50, s 51; pars renum R18 LA; A2025‑29 amdt 3.143
Evidentiary certificates
s 111Ains A2019‑27 s 52
am A2022‑14 amdt 3.96
Production of licences
s 112sub A2005‑54 amdt 1.153
am A2019‑27 s 53
Minister’s guidelines
s 113sub A2001‑44 amdt 1.1770
am A2006‑48 s 20; pars renum R10 LA
sub A2019‑27 s 54
am A2025‑29 amdt 4.77
Conservator guidelines
s 113Ains A2019‑27 s 54
am A2025‑29 amdt 4.77
Determination of fees
s 114sub A2001‑44 amdt 1.1770
am A2019‑27 s 55; A2025‑29 amdt 4.77
Approved forms
s 115am A2001‑44 amdt 1.1771, amdt 1.1772; A2003‑41 amdt 3.268; A2019‑27 s 55
om A2021-12 amdt 3.40
Regulation-making power
s 116sub A2001‑44 amdt 1.1773
am A2019‑27 s 56; A2025‑29 amdt 4.77
Regulations prescribing infringement notice penalties
s 117om A2003‑41 amdt 3.269
Repeal
s 118om R1 LRA
Meaning of commencement day for pt 12
s 119exp 31 December 2001 (s 120 (3))
Transitional provisions and consequential amendments
pt 12 hdgom R3 LA
Permits to take fish for scientific purposes
s 120exp 31 December 2001 (s 120 (3))
Amendments of Nature Conservation Act
s 121om R1 LRA
Transitional—Fisheries Legislation Amendment Act 2019
pt 13 hdgins A2019‑27 s 57
exp 18 November 2023 (s 125)
Definitions—pt 13
s 122ins A2019‑27 s 57
exp 18 November 2023 (s 125)
Old licences
s 123ins A2019‑27 s 57
exp 18 November 2023 (s 125)
Old licences—application
s 124ins A2019‑27 s 57
exp 18 November 2023 (s 125)
Expiry—pt 13
s 125ins A2019‑27 s 57
exp 18 November 2023 (s 125)
Amendments of the Nature Conservation Act 1980
schom R1 LRA
Reviewable decisions
sch 1ins A2008‑37 amdt 1.181
sub A2019‑27 s 58
Dictionary
dictam A2003‑41 amdt 3.270; A2008‑37 amdt 1.182, amdt 1.183; A2009‑49 amdt 3.74
def abalone ins A2006‑48 s 21
def aquaculture ins A2019‑27 s 59
def aquatic habitat ins A2019‑27 s 60
def authorised person ins A2019‑27 s 60
def authorised person’s direction ins A2019‑27 s 60
def commercial fishing licence ins A2003‑41 amdt 3.271
omA2019‑27 s 61
def commercial quantity ins A2006‑48 s 21
def conservation officer sub A2014‑59 amdt 2.28
def conservator sub A2003‑41 amdt 3.272
def conservator guidelines ins A2019‑27 s 62
def critical habitat ins A2019‑27 s 62
def critical habitat declaration ins A2019‑27 s 62
def cultural resource management plan ins A2019‑27 s 62
def custodian ins A2019‑27 s 62
om A2023-36 amdt 1.155
def determined fee om A2001‑44 amdt 1.1774
def environment sub A2007‑3 amdt 3.245
def executive officer om A2013-4 amdt 1.4
def exempt conduct ins A2019‑27 s 62
def exempt species ins A2019‑27 s 62
def exempt species declaration ins A2019‑27 s 62
def fish dealer am A2022‑14 amdt 3.97
def fisheries licence ins A2019‑27 s 62
def fisheries licence register ins A2019‑27 s 62
def fisheries management plan ins A2019‑27 s 62
def fisheries officer ins A2019‑27 s 62
def fish of a priority species ins A2006‑48 s 21
am A2019‑27 s 63; pars renum R18 LA
def ground for regulatory action ins A2019‑27 s 64
def identity card ins A2019‑27 s 64
def import and export licence ins A2003‑41 amdt 3.273
om A2019‑27 s 65
def information direction ins A2019‑27 s 66
def lease ins A2019‑27 s 66
sub A2023-36 amdt 1.156
def licence sub A2003‑41 amdt 3.274
am A2006‑48 s 22
om A2019‑27 s 67
def licensee sub A2019‑27 s 68
def newspaper om A2015‑33 amdt 1.89
def occupier ins A2003‑41 amdt 3.275
def possession limit ins A2019‑27 s 69
def premises ins A2019‑27 s 69
def priority species licence ins A2006‑48 s 23
om A2019‑27 s 70
def private waters sub A2019‑27 s 71
def public waters sub A2019‑27 s 71
def recreational group licence ins A2019‑27 s 72
def register om A2019‑27 s 73
def regulatory action ins A2019‑27 s 74
def reviewable decision ins A2008‑37 amdt 1.184
def rock lobster ins A2006‑48 s 23
def scientific licence ins A2003‑41 amdt 3.276
om A2019‑27 s 75
def stop vehicle direction ins A2019‑27 s 76
def suitability information ins A2019‑27 s 76
def suitable activity ins A2019‑27 s 76
def suitable person ins A2019‑27 s 76
def traffic ins A2019‑27 s 76
def treatment direction ins A2019‑27 s 76
def urgent direction ins A2019‑27 s 76
def waterway ins A2019‑27 s 76
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
30 Sept 200030 Sept 2000–
11 Sept 2001not amended new Act R1 (RI)
26 May 200830 Sept 2000–
11 Sept 2001not amended reissue of printed version R2
30 Nov 200112 Sept 2001–
30 Dec 2001A2001‑44 amendments by A2001‑44 R3
10 Jan 200231 Dec 2001–
27 May 2002A2001‑44 commenced expiry R4
30 May 200228 May 2002–
16 Sept 2002A2002‑11 amendments by A2002‑11 R5
23 Sept 200217 Sept 2002–
8 Oct 2003A2002‑30 amendments by A2002‑30 R6
9 Oct 20039 Oct 2003–
9 Dec 2003A2003‑41 amendments by A2003‑41 R7
10 Dec 200310 Dec 2003–
8 Apr 2004A2003‑41 amendments by A2003‑41 R8
9 Apr 20049 Apr 2004–
23 Nov 2005A2004‑15 amendments by A2004‑15 R9
24 Nov 200524 Nov 2005–
28 Nov 2006A2005‑54 amendments by A2005‑54 R10
29 Nov 200629 Nov 2006–
11 Apr 2007A2006‑48 amendments by A2006‑48 R11
12 Apr 200712 Apr 2007‑
1 Feb 2009A2007‑3 amendments by A2007‑3 R12*
2 Feb 20092 Feb 2009–
16 Dec 2009A2008‑37 amendments by A2008‑37 R13
17 Dec 200917 Dec 2009–
21 Feb 2013A2009‑49 amendments by A2009‑49 R14
22 Feb 201322 Feb 2013–
10 June 2015A2013-4 amendments by A2013-4 R15
11 June 201511 June 2015–
13 Oct 2015A2014‑59 amendments by A2014‑59 R16
14 Oct 201514 Oct 2015–
22 Oct 2018A2015‑33 amendments by A2015‑33 R17
23 Oct 201823 Oct 2018–
17 Nov 2019A2018-33 amendments by A2018-33 R18
18 Nov 201918 Nov 2019–
10 June 2020A2019-27 amendments by A2019-27 R19
11 June 202011 June 2020–
22 June 2021A2020-22 amendments by A2020-22 R20
23 June 202123 June 2021–
23 Aug 2022A2021‑12 amendments by A2021‑12 R21
24 Aug 202224 Aug 2022–
18 Nov 2023A2022‑14 amendments by A2022‑14 R22
19 Nov 202319 Nov 2023–
26 Nov 2023A2022‑14 expiry of transitional provisions (pt 13) R23
27 Nov 202327 Nov 2023–
14 May 2025A2023‑36 amendments by A2023‑36 R24
15 May 202515 May 2025–
15 Nov 2025A2024‑11 amendments by A2024‑11 R25
16 Nov 202516 Nov 2025–
25 Nov 2025A2025‑28 amendments by A2025‑29
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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