Fisheries Act Amendment Act 1982 (Qld)

916 (Queenz1attb ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 71 of 1982 An Act. to amend the FisheriesAct 1976-1982 in certain particulars and for related purposes [ASSENTED TO 14TH DECEMBER, 1982]

Fisheries Act Amendment Act 1982, No. 71 917 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Fisheries Act Amendment Act 1982. (2) The Fisheries Act 1976-1982, being the Fisheries Act1976-1981 as amended by the Marine Parks Act1982, is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Fisheries Act1976-1982. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Amendment of s. 3. Arrangement . Section 3 of the Principal Act is amended by omitting from PART VII the words " FISH AND ". 4. Amendment of s. 4 . Repeals and Savings . Section 4 of the Principal Act is amended by in subsection (3) omitting the words " FishSupply Management Act1972-1976 " and substituting the words " FishingIndustry Organization andMarketing Act1982, the Marine Parks Act1982 ". 5. Amendment of s. 5 . Non-application of Act. Section 5 of the Principal Act is amended by in subsection (1), in sub-paragraph (d), omitting the words " and for purposes other than commercial purposes, of fish or marine products in Queensland waters (not being waters forming part of a wilderness area, scientific area or special feature area) " and substituting the words ", of fish or marine products in Queensland waters for private purposes ". 6. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) inserting after the definition " apparatus " the following definition " " aquaculture " means the keeping or rearing, in or on any place, for sale other than as food, of live fish or live marine products

918 Fisheries Act Amendment Act 1982, No. 71 (other than oysters) where the combined surface area of the ponds or tanks used for those purposes exceeds 200 square metres; (b) inserting after the definition " assistant fisherman " the following definition:- " " Authority " means the Queensland Fish Management Authority constituted under the FishingIndustryOrganization andMarketing Act1982; "; (c) inserting after the definition " bring ashore " the following definition " " chairman of the Authority " means the chairman of the Queensland Fish Management Authority; "; (d) omitting each of the definitions " historic area ", " natural environment area ", " recreation area ", " scientific area ". " special feature area ", and " wilderness area "; (e) inserting the words " or the Fishing Industry Organization andMarketing Act1982 " after the words " under this Act " in each of the definitions " assistant fisherman ", " closed season ", " closed waters ", " commercial fishing vessel ", " community fisherman ", " community fishing vessel " , " holder ", " inspector ", " licence ", " master fishermen ", and " permit"; (f) inserting after the definition " fresh water " the following definition:- "freshwater fish" means a fish which at the material time is living in or was taken from fresh water and includes fish of a species which normally spends its entire life cycle in fresh water ; "; (g) inserting in the definition " mangrove " after the word " plant " the words " or the seeds or propagules thereof"; (h) inserting in the definition " marine plant " after the word " plant " the words " or the seed thereof "; (i) in the definition " sell ", in provision (f), inserting after the words " of this definition " the following expression and words:- and the term " sale " has a corresponding meaning "; (j) inserting after the definition " vessel " the following definition:- " " wetland reserve " means tidal land that is Crown Land and the waters covering that land set apart and declared under this Act as a wetland reserve;". 7. Amendment of s. 7. Fisheries Research Fund . Section 7 of the Principal Act is amended by in subsection (2), in paragraph (c), inserting after the words " of this Act " the following expression and words:- (d) such amount derived from penalties, costs, fees, compensation and other monies recovered under the FishingIndustryOrganization and Marketing Act1982 as the Authority shall approve ".

Fisheries Act Amendment Act 1982, No. 71 91 . 9 8. Amendment of s. 12. Fish and marine products protected on account of size. Section 12 of the Principal Act is amended by, in subsection (3), inserting after the word " (Barramundi) " the words " and Promicrops lanceolatus (Groper) ". 9. Amendment of s. 15 . Appointment of officers and honorary rangers. Section 15 of the Principal Act is amended by- (a) in subsection (2), omitting the word " shall " and substituting the words " may, at the discretion of the Governor in Council,"; (b) omitting subsection (3) and substituting the following subsection:- " (3) The Director and the Deputy Director shall have and may exercise or perform the powers, authorities, functions and duties of an inspector."; (c) in subsection (5), in paragraph (d), omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 10. Amendment of s. 17. Power of delegation . Section 17 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " Minister " the words " or the Chief Inspector of Fisheries "; (b) in subsection (3), inserting after the word " Minister " the words " or, as the case may be, the Chief Inspector of Fisheries "; (c) in subsection (4), inserting after the word " Minister " the words " or the Chief Inspector of Fisheries "; (d) in subsection (5), inserting after the word " Minister " the words " or, as the case may be, the Chief Inspector of Fisheries ". 11. Amendment of s. 18 . Powers of inspector . Section 18 of the Principal Act is amended by- (a) in subsection (1)- (i) in subparagraph (e), inserting after the words and expression " or any certificate," the words " plan, map,"; (ii) in subparagraph (o), in provision (i)- (A) inserting after the words "in possession of a" the words and expression " vessel or a "; (B) inserting after the words " specified therein " the following expression and words:- 66 . Provided that in the case of a vessel that person may be required by that or another notice in writing to remain in control of that vessel pending the taking and determination of proceedings resulting from that seizure or to move that vessel to another place in Queensland specified by an inspector "; (iii) adding at the end of subparagraph (p) the following paragraphs:- " An answer made by any person in response to an inspector's requisition that he must answer the questions of the inspector, if it tends

920 Fisheries Act Amendment Act 1982, No. 71 to incriminate that person in an offence against this Act, shall not be admissible in evidence against that person in any proceeding relating to that contravention or failure to comply. A person is not obliged under this Act to answer any question or give any information or evidence tending to incriminate him."; (b) omitting subsection (5). 12. Repeal of and new s. 20. Offences with respect to inspectors and honorary rangers . The Principal Act is amended by repealing section 20 and substituting the following section:- " 20. Offences with respect to inspectors and honorary rangers. (1) A person shall not assault an inspector or honorary ranger in the exercise of his powers or in the performance of his functions and duties under this Act or attempt so to do. Penalty: $1 000 or six months imprisonment. (2) A person shall not obstruct, threaten or intimidate an inspector or honorary ranger in the exercise of his powers or the performance of his functions and duties under this Act or attempt so to do. Penalty: $1 000. (3) A person shall not abuse or insult an inspector or honorary ranger in the exercise of his powers or the performance of his functions and duties under this Act or attempt so to do. (4) A person shall not prevent a person from appearing before or being questioned by an inspector or attempt so to do. (5) A person shall not fail to facilitate by all reasonable means the boarding or searching of a vessel, vehicle or other conveyance by an inspector. (6) A person shall not fail to comply with a lawful requirement or order of an inspector or honorary ranger, or any part thereof. (7) A person shall not fail without reasonable excuse to produce a licence, permit, certificate, authority, book, notice, record, list, document or writing that he is required by this Act to produce or fail to allow an inspector to make a copy of or an extract from such licence, permit, certificate, authority, book, notice, record, list, document or writing. (8) A person shall not take or retake possession of remove or otherwise deal with any fish, market product, apparatus, explosive, explosive-propelled missile, firearm, noxious substance or other thing seized or delivered up under this Act or attempt so to do. Penalty: for an offence to which this section (other than subsections (1) and (2) relate, $400.". 13. Repeal of s. 22 . Licensing of persons and vessels for fishing. The Principal Act is amended by repealing section 22. 14. Repeal of s. 23. Offences. The Principal Act is amended by repealing section 23.

Fisheries Act Amendment Act 1982, No. 71 921 15. Amendment of s. 25. Licensing of persons and vessels for oystering. Section 25 of the Principal Act is amended by in subsection (2) omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 16. Amendment of s. 27. Offences. Section 27 of the Principal Act is amended by in subsection (1), in subparagraph (b), omitting the words and expression " (not being a dinghy the overall length of which is less than 4 metres) ". 17. Amendment of s. 28. Registration of mark or brand . Section 28 of the Principal Act is amended by in subsection (3) omitting the word Director " and substituting the words " Chief Inspector of Fisheries ". 18. Amendment of s. 30. Licensing of persons and vessels for pearling. Section 30 of the Principal Act is amended by in subsection (3) omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 19. Amendment of s. 35. Licences to take coral and the like. Section 35 of the Principal Act is amended by in subsection (2), in paragraph (a), omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 20. Amendment of s. 36J. Further functions of Joint Authority . Section 361 of the Principal Act is amended by inserting after the words " fishery is to " the word " be ". 21. Amendment of Heading PART VII. The heading of PART VII of the Principal Act is amended by omitting the words " FISH AND ". 22. Amendment of s. 37. Licensing of establishments or premises and vessels for processing . Section 37 of the Principal Act is amended by in subsection (2), in paragraph (a), omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 23. Amendment of s. 39. Classification of tidal land or waters . Section 39 of the Principal Act is amended by omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 24. Amendment of s. 40. Procedure prior to setting apart and declaration of tidal land and waters . Section 40 of the Principal Act is amended by- (a) in subsection (2)- (i) in paragraph (a) omitting the word " Director " and substituting the words " Chief Inspector of Fisheries "; (ii) in paragraph (b) omitting the word " Director " wherever it occurs and substituting the words " Chief Inspector of Fisheries "; (b) in subsection (3) omitting the word " Director " wherever it occurs and substituting the words " Chief Inspector of Fisheries "; (c) in subsection (4) omitting the word " Director " and substituting the words " Chief Inspector of Fisheries "; (d) in subsection (5) omitting the word " Director " wherever it occurs and substituting the words " Chief Inspector of Fisheries ". 30

922 Fisheries Act Amendment Act 1982, No. 71 25. Amendment of s. 51 . Power to set apart and declare land and waters as a reserve , sanctuary or ground . Section 51 of the Principal Act is amended by- (a) in subsection (1) omitting subparagraph (a) and substituting the following subparagraph:- (a) may set apart and declare tidal land that is Crown land and the waters covering that land to be- (i) a fish habitat reserve ; (ii) a wetland reserve; (iii) a fish sanctuary; (iv) a public oyster reserve; (v) an oyster ground; (vi) a reserve, sanctuary or ground for any other purpose with respect to fisheries specified in the Order called by a description specified in the Order;"; (b) in subsection (2)- (i) omitting the word " Director " where it twice appears and substituting the words " Chief Inspector of Fisheries "; (ii) in the first paragraph, inserting after the word and expression " subsection (1) " the following expression and words:- <t: Provided that the declaration of tidal lands and the waters covering that land as a fish habitat reserve shall not be revoked in whole or in part save in accordance with the following provisions:- (a) where, following consideration of a report in writing by the Chief Inspector of Fisheries made after a proposal for revocation of a declaration of a fish habitat reserve in whole or in part has been furnished to the Chief Inspector of Fisheries, the Minister recommends that the declaration concerned be revoked, he shall cause to be laid before the Legislative Assembly a notice of that proposal; (b) the notice shall be endorsed with the recommendation of the Minister in relation to the proposal and shall specify the extent of the proposed revocation and the purpose or purposes to which the land and waters in question are to be put; (c) if the Legislative Assembly approves of the proposal by resolution on a motion of which not less than 14 days notice has been given, the Governor in Council may by Order in Council revoke the declaration to the extent specified in the proposal approved; (d) the tidal land and tidal waters affected by the revocation shall thereupon become and be a reserve under the Land Act 1965-1982 for departmental purposes or may be dealt with as prescribed by law for the purpose or purposes specified in the proposal approved.".

Fisheries Act Amendment Act 1982, No. 71 923 26. Amendment of s. 55. Prohibition on taking fish or marine products in closed waters or closed seasons . Section 55 of the Principal Act is amended by- (a) in subparagraph (b), inserting after the words " have been declared " the following expression and words:- <G Provided that where such declaration has been made in respect of closed waters which have been stocked with fish by the Crown, the Minister may permit, by writing signed by him, on payment of a fee as prescribed and subject to such conditions as may be prescribed and stated on the permit, the taking of fish in such closed waters; "; (b) by omitting at the foot of the section all words from and including " Penalty: " to and including " products so taken." and substituting the following words:- Penalty: $2 000 and, if the court so orders, forfeiture to the Crown of any vessel or vehicle and any apparatus used or employed in the commission of the offence, any bag, package, bottle or other receptacle or thing containing such fish or marine products there found and so taken in contravention of this Act, or the proceeds of sale of fish so taken.". 27. Repeal of and new s. 56. Taking protected species. The Principal Act is amended by repealing section 56 and substituting the following section:- " 56. Taking protected species. Unless authorized by or under this Act, a person shall not take, have in possession or sell- (a) any fish or marine product of a species specified in the Second Schedule; (b) any fish or marine product of a species specified in Part I of the Third Schedule that is of a measurement of size less than the measurement set forth opposite the name of that species; (c) any fish of the species Lates calcarifer (Barramundi) or Promicrops lanceolatus (Groper) of a measurement of size exceeding the size prescribed by the Governor in Council by Order in Council; Penalty:- (d) for an offence to which subparagraph (a) relates- (i) in the case of female mud crabs- (A) where it is proved that the offender had taken, had in possession or sold a quantity of female mud crabs being a number in excess of the number prescribed, $5 000 or six months imprisonment or both such fine and such imprisonment; (B) in any other case, $400; (ii) in the case of turtles or mammals, $1 000 for each turtle or mammal in respect of which the offence is committed;

924 Fisheries Act Amendment Act 1982, No. 71 (iii) in the case of all fish and marine products other than those specified in provision (i) and (ii), $400; (e) for an offence to which subparagraph (b) relates- (i) in the case of mud crabs- (A) where it is proved that the offender had taken, had in possession or sold a quantity of the specified crabs in excess of the number prescribed, $5 000 or six months imprisonment or both such fine and such imprisonment; (B) in any other such case, $400; (ii) in the case of all fish and marine products other than those specified in provision (i), $400; (f) for an offence to which subparagraph (c) relates, $400. In a case where a vessel or vehicle is used or employed in the commission of an offence defined in this section, the offender is liable to a penalty of $1 000 and, if the court so orders, forfeiture to the Crown of the vessel or vehicle and any apparatus used or employed in the commission of the offence and any fish or marine products taken in contravention of this Act or the proceeds of sale of fish or marine products so taken.". 28. Amendment of s. 56A. Taking of specified fish. Section 56A of the Principal Act is amended by in the Table to that section- (a) omitting the word " TABLE " and substituting the following words:- "TABLE PROTECTED SPECIES "; (b) omitting the words " Name of Fish " and substituting the words " Common name "; (c) omitting the word " Species " and substituting the words " Scientific Name "; (d) in the column headed "Common name" adding under the name " Crab " the name " Freshwater fish "; (e) in the column headed " Scientific name " adding under the words " any species " opposite the words " Freshwater fish " the words " any species ". 29. Amendment of s. 57. Forfeiture of certain fish or marine products. Section 57 of the Principal Act is amended by omitting all words from and including the word " Director " to and including the word " accordingly " and substituting the words " Chief Inspector of Fisheries". 30. Amendment of s. 58 . Power to permit taking or keeping of fish or marine products for particular purposes and the sale thereof. Section 58 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting paragraph (a) and substituting the following paragraph:- (a) The Minister may by writing signed by him, permit- (i) the taking of any fish or live marine product for aquaculture purposes;

Fisheries Act Amendment Act 1982, No. 71 925 (ii) the keeping or rearing of any fish or live marine product for aquaculture purposes; or (iii) the sale of any fish or live marine product kept or reared for aquaculture purposes."; (ii) in paragraph (d) omitting the words " Fish, turtles or pearl-oysters " and substituting the words "Any fish or live marine product "; (b) in subsection (4), in paragraph (a), omitting the word Director " and substituting the words " Chief Inspector of Fisheries "; (c) in subsection (5) omitting at the end of provision (e) the expression "." and substituting the expression " ; ". 31. New s. 58A . The Principal Act is amended by inserting after section 58 the following section:- " 58A. Aquaculture offences. (1) A person shall not take any fish or live marine product for aquaculture purposes except where he is the holder of a permit pursuant to this Act. Penalty: $1 000. (2) Except where he is the holder of a permit pursuant to this Act a person shall not keep or rear, in or on any place, for sale other than as food, any fish or live marine product (other than oysters) where the combined surface area of the ponds or tanks used for those purposes exceeds 200 square metres. Penalty: $1000. (3) Except where he is the holder of a permit pursuant to this Act, a person shall not sell any fish or live marine product that has been kept or reared for aquaculture purposes. Penalty : $1 000.". 32. Amendment of s. 59. Prohibition as to apparatus . Section 59 of the Principal Act is amended by- (a) in subsection (1) omitting all words from and including " Penalty: $500 " to and including the words " use of a net, $1 000 " and substituting the words " Penalty: $1 000 "; (b) inserting after the words " other than a master fisherman or assistant fisherman " the words " or the licencee of a commercial fishing vessel ". 33. Amendment of s. 62 . Prohibition of use of explosive, firearm, noxious substance , electrical device for taking fish or marine products. Section 62 of the Principal Act is amended by- (a) in the heading in and at the commencement of the section- (i) inserting after the word and expression " explosive," the words and expression " explosive-propelled missile,"; (ii) inserting after the word and expression " firearm," the word and expression " power-head,";

926 Fisheries Act Amendment Act 1982, No. 71 (b) in subsection (2) omitting the words "use a firearm" and substituting the words " use any explosive, explosive-propelled missile, firearm,"; (c) in subsection (4)- (i) inserting after the word " use " the words " or have in possession (ii) at the end of the subsection, adding the words " Penalty: $l 000.". 34. Amendment of s. 65. Keeping noxious and non-indigenous fish. Section 65 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " A person " and substituting the words Except as otherwise provided by this Act a person ": (ii) inserting after the existing paragraph the following paragraph:- " A person who commits an offence against this subsection is liable upon conviction- (a) for a first offence to a penalty of $2 000: (b) for a second or subsequent offence to a penalty of 54 000, and (c) in any case, in addition, for the cost of removal and destruction of the fish in respect of which the offence is committed, which shall be the sum expended in respect of the case concerned."; (b) in subsection (2)- (i) omitting the words " A person " and substituting the words Except as otherwise provided by this Act a person "; (ii) inserting after the existing paragraph the following paragraph:- " A person who commits an offence against this subsection is liable upon conviction- (a) for a first offence to a penalty of S1 000; (b) for a second or subsequent offence to a penalty of S2 000; and (c) in any case, in addition, for the cost of removal and destruction of the fish in respect of which the offence is committed, which shall be the sum expended in respect of the case concerned."; (c) omitting subsection (3). 35. Amendment of s. 70 . Power of Minister to issue order for destruction of noxious or non - indigenous fish. Section 70 of the Principal Act is amended by in subsection (5) omitting the word " Director " where it twice occurs and inserting the words " Chief Inspector of Fisheries ". 36. Amendment of s. 71. Protection of mangroves and marine plants. Section 71 of the Principal Act is amended by in subsection (1) after the existing paragraph inserting the following paragraph:- " A person engaged in the taking of fish is exempted, at the time of taking those fish, from the provisions of this section where he plucks leaves of mangroves for the purpose of the packing of crabs.".

Fisheries Act Amendment Act 1982, No. 71 927 37. Amendment of s. 73. Fish -ways. Section 73 of the Principal Act is amended by in subsection (3) omitting the word " Director " where it twice occurs and substituting the words " Chief Inspector of Fisheries ". 38. Amendment of s. 76. Proceedings for offences . Section 76 of the Principal Act is amended by in subsection (2), in paragraph (b) omitting the word " Director " where it twice occurs and substituting the words " Chief Inspector of Fisheries ". 39. Amendment of s. 80 . Cancellation, revocation or suspension of licence or other authority . Section 80 of the Principal Act is amended by- (a) in subsection (1) in subparagraph (d), in provision (i), omitting the words " Fish Supply Management Act1972-1976 " and substituting the words " Fishing Industry Organization and Marketing Act1982 "; (b) in subsection (4), in paragraph (a) omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ". 40. Amendment of s. 83. Detention , forfeiture , disposal of things seized . Section 83 of the Principal Act is amended by- (a) in subsection (1), in subparagraph (a) omitting the word Director " and substituting the words " Chief Inspector of Fisheries "; (b) omitting subsection (2) and substituting the following subsection:- " (2) Where a net, vessel, vehicle or other conveyance, apparatus or other thing has been seized by an inspector in the exercise of his powers under this Act, the Minister may, upon the application of the owner of that net, vessel, vehicle or other conveyance, apparatus or other thing, and upon proof to the Minister's satisfaction that detention of that net, vessel, vehicle, conveyance, apparatus or other thing would impose severe hardship, order that the thing seized be returned forthwith to the owner upon such terms or conditions as the Minister determines and the owner shall comply with every term or condition so determined.". 41. Amendment of s. 84 . Appropriation of penalties and other moneys. Section 84 of the Principal Act is amended by omitting the words " Consolidated Revenue Fund " and substituting the words " General Fund of the Authority ". 42. Amendment of s. 88 . Evidentiary provisions . Section 88 of the Principal Act is amended by- (a) in subparagraph (f) omitting the word " Director" and substituting the words " Chief Inspector of Fisheries "; (b) in subparagraph (g) omitting the word " Director " and substituting the words " Chief Inspector of Fisheries ".

928 Fisheries Act Amendment Act 1982, No. 71 43. Amendment of s. 89. Protection of Crown, Minister , Officers and honorary rangers . Section 89 of the Principal Act is amended by inserting after the word and expression " Minister," where they twice appear the words " the Chief Inspector of Fisheries,". 44. Amendment of Fifth Schedule . Subject matter for Regulations. The Fifth Schedule of the Principal Act is amended by- (a) in clause 9 inserting after the words and expression " fish habitat reserves," the words and expression " wetland reserves,"; (b) omitting clause 15 and substituting the following clause:- 15. Vessels and apparatus . The marking of apparatus, and of vessels required to be licensed under this Act or the Fishing IndustryOrganization andMarketing Act1982 for purposes of identification and control; prescription of the types of vessels that may be used as a marine products factory."; (c) in clause 20 inserting after the word " impoundments " the words " or the taking therefrom ".