Fisheries Amendment Regulation (No. 4) 2003 (Qld)

Fisheries Amendment Regulation (No. 4) 2003

Queensland Subordinate Legislation 2003 No. 367 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 4) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 10 (Scientiﬁc names of ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 14AA (Closed season for tropical spiny rock lobster). . . . 4 5 Replacement of ss 21 and 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 21 Measurement of size and weight of ﬁsh . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 24 (Exemption for recreational ﬁshers about certain regulated reef ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Replacement of s 25C (Declared diseases—Act, s 94) . . . . . . . . . . . . . . . . . 5 25C Declared diseases—Act, s 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 29A (Annual quota for tailor) . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 35 (Restrictions on issue of general ﬁsheries permits) . . . 6 10 Amendment of s 38 (Restrictions on issue of ﬁsh habitat area permits). . . . 6 11 Amendment of s 65 (Prohibition on taking, possessing or selling regulated ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Omission of s 70A (Conducting commercial ﬁshing competitions) . . . . . . . 8 13 Replacement of s 74 (Storing ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 74 Storing ﬁsh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Replacement of s 113 (Chief executive may refund or waive a fee) . . . . . . . 8 113 Chief executive may refund or waive a fee . . . . . . . . . . . . . . . . . . . . 9 15 Amendment of sch 2 (Closed waters—commercial ﬁshing). . . . . . . . . . . . . 9

2 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 16 Amendment of sch 3 (Closed waters—recreational ﬁshing). . . . . . . . . . . . . 10 17 Amendment of sch 4 (Regulated ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Insertion of new sch 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE 4A MEASUREMENT OF PARTICULAR FISH PART 1—MEASUREMENT OF SIZE OF PARTICULAR FISH 1 Measurement of size of blue swimmer crab . . . . . . . . . . . . . . . . . . . 12 2 Measurement of size of ﬁn ﬁsh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Measurement of size of mud crab . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Measurement of size of painted crayﬁsh . . . . . . . . . . . . . . . . . . . . . . 14 5 Measurement of size of pearl oyster . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Measurement of size of trochus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 2—MEASUREMENT OF WEIGHT OF PARTICULAR FISH 7 Measurement of weight of green snails . . . . . . . . . . . . . . . . . . . . . . . 15 19 Amendment of sch 5 (Declared diseases) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 Amendment of sch 5A (Noxious ﬁsheries resources) . . . . . . . . . . . . . . . . . . 16 21 Amendment of sch 5B (Special provisions for spanish mackerel commercial ﬁshery). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Amendment of sch 7 (Fish habitat areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 36A Annan River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 39A Beelbi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 42A Burrum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 42B Cattle Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 43 Cawarral Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 43A Colosseum Inlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 48A Elliott River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 48B Eurimbula. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 49A Halifax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 53 Jumpinpin–Broadwater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 63 Noosa River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 63A Palm Creek. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 67A Rodds Harbour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 71 Trinity Inlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

3 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 23 Amendment of sch 10 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 24 Amendment of sch 12 (Line ﬁsheries (Commercial)). . . . . . . . . . . . . . . . . . 26 25 Amendment of sch 16 (Glossary of scientiﬁc names used for ﬁsh) . . . . . . . 26 26 Amendment of sch 17 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

s1 4 s5 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 4) 2003 . 2 Regulation amended This regulation amends the Fisheries Regulation 1995. 3 Amendment of s 10 (Scientiﬁc names of ﬁsh) (1) Section 10(2)(b), from ‘great white’ to ‘nurse shark’— omit, insert — ‘estuary cod, great white shark, grey nurse shark, malabar grouper’. (2) Section 10(2)(l), after ‘or (k)’— insert — ‘, estuary cod and malabar grouper’. 4 Amendment of s 14AA (Closed season for tropical spiny rock lobster) (1) Section 14AA, after ‘lobster’— insert — ‘for the crayﬁsh and rock lobster ﬁshery area’. (2) Section 14AA— insert — ‘ (2) In this section— “crayﬁsh and rock lobster ﬁshery area” means the area mentioned in schedule 15, section 31.’. 5 Replacement of ss 21 and 22 Sections 21 and 22— omit, insert —

s6 5 s7 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ‘21 Measurement of size and weight of ﬁsh ‘The size or weight of ﬁsh mentioned in schedule 4A must be decided in the way stated in schedule 4A for the ﬁsh.’. 6 Amendment of s 24 (Exemption for recreational ﬁshers about certain regulated reef ﬁsh) Section 24(1) and (2)— omit, insert— ‘ (1) This section applies to reef ﬁsh other than coral reef ﬁn ﬁsh. ‘ (2) Despite section 18(2), if reef fish are regulated by number, a recreational fisher may— (a) take not more than twice the number of the reef ﬁsh during an extended commercial ﬁshing tour; or (b) possess not more than twice the number of the reef ﬁsh if they were taken during an extended commercial ﬁshing tour. ‘ (3) However, subsection (2) applies only if the ﬁsher ensures a square area, with sides of at least 3 cm, of the skin of each reef ﬁsh is kept on it.’. 7 Replacement of s 25C (Declared diseases—Act, s 94) Section 25C— omit, insert — ‘25C Declared diseases—Act, s 94 ‘ (1) Each of the following is declared to be a declared disease for the Act— (a) a bacteria, fungus, parasite, pest or virus mentioned in schedule 5; (b) a residue of BHC that has a concentration greater than 0.01 mg/kg for the residue in ﬁsheries resources. ‘ (2) In this section— “BHC” means a chemical that is the sum of isomers of 1, 2, 3, 4, 5, 6-hexachlorocyclohexane, other than lindane.’.

s 8 6 s 10 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 8 Amendment of s 29A (Annual quota for tailor) Section 29A(3), ‘less than 100 kg’— omit, insert — ‘not more than 100 kg’. 9 Amendment of s 35 (Restrictions on issue of general ﬁsheries permits) (1) Section 35(1), after ‘for 1’— insert— ‘or more’. (2) Section 35(1), sixth dot point— omit. 10 Amendment of s 38 (Restrictions on issue of ﬁsh habitat area permits) Section 38(2) and (3)— omit, insert — ‘ (2) However, the chief executive may issue the permit only if the chief executive is satisﬁed the works or activity is for 1 or more of the following purposes— (a) maintaining an existing facility; (b) restoring the ﬁsh habitat or natural processes in the area; (c) the management, use or enjoyment of the area; (d) education or research; (e) public health or safety; (f) providing public infrastructure to facilitate ﬁshing; Example of public infrastructure — A boat ramp or jetty for public use. (g) providing subterranean public infrastructure if the chief executive is also satisﬁed the surface of the area can be restored,

s 11 7 s 11 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 after the completion of the works or activity, to its condition before the performance of the works or activity; (h) constructing a temporary structure; (i) if the application for the permit is for a management B area— (i) constructing a permanent structure on tidal land or within the area; or (ii) depositing material for beach replenishment. ‘ (3) Further, before deciding whether to issue the permit, the chief executive must have regard to— (a) the effect of the works or activity on the maintenance of the community use of the area, in particular, in relation to ﬁshing activities; and (b) if the application for the permit is for a management A area—the effect of the works or activity on the maintenance of the natural condition of ﬁsh habitats and natural processes in the area; and (c) if the application for the permit is for a management B area—the effect of the works or activity on the maintenance of the current ﬁsh habitat values and functions of the area. ‘ (4) In this section— “management A area” means an area within a ﬁsh habitat area identiﬁed as “management A” on a plan mentioned in schedule 7 for the ﬁsh habitat area. “management B area” means an area within a ﬁsh habitat area identiﬁed as “management B” on a plan mentioned in schedule 7 for the ﬁsh habitat area. “structure” includes a bridge, boat ramp, bund, jetty, mooring, power pole, silt curtain and storm water outlet.’. 11 Amendment of s 65 (Prohibition on taking, possessing or selling regulated ﬁsh) (1) Section 65(2)(b), ‘a shark’— omit, insert — ‘a great white or grey nurse shark’.

s 12 8 s 14 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (2) Section 65(2)(c)— omit, insert— ‘(c) a person who possesses or sells a shark ﬁn, other than a ﬁn of a great white or grey nurse shark, if— (i) the person did not take or possess the shark, from which the ﬁn was taken, under a shark ﬁshing contract; and (ii) the person either— (A) also possesses the body of the shark from which the ﬁn was taken; or (B) is not on a boat.’. (3) Section 65(4), deﬁnition “shark”— omit. 12 Omission of s 70A (Conducting commercial ﬁshing competitions) Section 70A— omit. 13 Replacement of s 74 (Storing ﬁsh) Section 74— omit, insert — ‘74 Storing ﬁsh ‘A person may store ﬁsh for trade or commerce at a place only if— (a) the person holds an authority allowing the person to store the ﬁsh at the place; or (b) another person holds an authority allowing that other person to store the ﬁsh at the place and that other person has allowed the person to store the ﬁsh at the place.’. 14 Replacement of s 113 (Chief executive may refund or waive a fee) Section 113— omit, insert —

s 15 9 s 15 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ‘113 Chief executive may refund or waive a fee ‘The chief executive may, wholly or partly, refund or waive a fee payable under the Act. Examples — 1. Chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry. 2. Chief executive may refund or waive a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application.’. 15 Amendment of sch 2 (Closed waters—commercial ﬁshing) (1) Schedule 2— insert — ‘19 Mary River ‘Waters of the Mary River from the Mary River Barrage to 400 m downstream of the barrage. ‘20 Tinana Creek ‘Waters of Tinana Creek from the Tinana Creek Barrage to 400 m downstream of the barrage. ‘22 Burnett River ‘Waters of the Burnett River from the Burnett Barrage to 400 m downstream of the barrage. ‘23 Kolan River ‘Waters of the Kolan River from the Kolan Barrage to 400 m downstream of the barrage. ‘24 Fitzroy River ‘Waters of the Fitzroy River from the Fitzroy Barrage to 400 m downstream of the barrage.

s 16 10 s 16 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ‘39 South Mitchell River ‘The South Mitchell River and waterways joining it, other than Surprise Creek, between F ↑ B signs near the river’s banks and F ↑ B signs near its junction with Surprise Creek.’. (2) Schedule 2, section 51A— insert— ‘ (2) Subsection (1) does not apply to a person if— (a) the person— (i) took the spotted mackerel using a net; and (ii) did not intend to take spotted mackerel by using the net; and (iii) could not reasonably have avoided taking the spotted mackerel; and (b) the person possesses no more than 15 spotted mackerel.’. (3) Schedule 2, section 72(a), ‘an F ↑ B sign at’— omit. (4) Schedule 2, section 247, ‘this part’— omit, insert— ‘this division’. (5) Schedule 2, section 262(5), ‘and the adjoining waterways’— omit. (6) Schedule 2, section 266, second dot point, ‘Point’— omit . (7) Schedule 2, section 267, ﬁrst dot point— omit, insert — ‘• from latitude 21º54'25'' south where it intersects the mainland shore near Carmilla Creek’. 16 Amendment of sch 3 (Closed waters—recreational ﬁshing) (1) Schedule 3, section 20—

s 16 11 s 16 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 insert— ‘ (3) This section applies only to ﬁn ﬁsh.’. (2) Schedule 3, section 20— relocate and renumber as schedule 3, section 40F. (3) Schedule 3— insert— ‘19 Mary River ‘Waters of the Mary River from the Mary River Barrage to 400 m downstream of the barrage. ‘20 Tinana Creek ‘Waters of Tinana Creek from the Tinana Creek Barrage to 400 m downstream of the barrage. ‘21 Burnett River ‘Waters of the Burnett River from the Burnett Barrage to 400 m downstream of the barrage. ‘22 Kolan River ‘Waters of the Kolan River from the Kolan Barrage to 400 m downstream of the barrage. ‘23 Fitzroy River ‘Waters of the Fitzroy River from the Fitzroy Barrage to 400 m downstream of the barrage.’. (4) Schedule 3, section 58, second, third and fourth dot points— omit, insert — • ‘to the NE1 bouy west of Bulwer • to the M7 beacon west of Cowan Cowan point • to the E1 beacon west of Tangalooma Jetty’.

s 17 12 s 18 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 17 Amendment of sch 4 (Regulated ﬁsh) Schedule 4, part 1, division 1, subdivision 1, heading, and subdivision 2— omit. 18 Insertion of new sch 4A After schedule 4— insert — ‘SCHEDULE 4A ‘MEASUREMENT OF PARTICULAR FISH section 21 ‘PART 1—MEASUREMENT OF SIZE OF PARTICULAR FISH ‘1 Measurement of size of blue swimmer crab ‘ (1) The size of a blue swimmer crab is decided by measuring the distance between— (a) the notch immediately forward of the base of the large lateral spine of the crab on one side of the crab; and (b) the notch immediately forward of the base of the large lateral spine of the crab on the other side of the crab.

s 18 13 s 18 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ‘ (2) The following ﬁgure is an illustration of the operation of subsection (1) in diagrammatic form— The distance between the 2 vertical dotted lines is the distance to be measured to decide the size of a blue swimmer crab ‘2 Measurement of size of ﬁn ﬁsh ‘ (1) The size of a ﬁn ﬁsh is decided by measuring, with the ﬁsh in the required position— (a) for bar-tailed ﬂathead, mud ﬂathead or sand ﬂathead—the distance along a straight line along the centre of the ﬁsh’s underside from the ﬁsh’s mouth to the end of its tail; or (b) for a ﬁn ﬁsh not mentioned in paragraph (a)—the distance along a horizontal line (the “measurement line” ) along the ﬁsh’s side from its mouth to— (i) the point on the measurement line where the ﬁsh’s tail ends; or (ii) if part of the tail extends further than the point on the measurement line where the ﬁsh’s tail ends—the point on the measurement line corresponding in length with the end of the longest part of the ﬁsh’s tail.

s 18 14 s 18 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ‘ (2) The following ﬁgure is an illustration of the operation of subsections (1)(b) and (4), deﬁnition “required position”, in diagrammatic form— ‘ (3) For subsection (1), the size of the ﬁsh must be measured without stroking or otherwise physically manipulating the ﬁsh, other than to the extent reasonably necessary to allow the ﬁsh to be measured as required under the subsection. ‘ (4) In this section— “required position” means— (a) for a ﬁsh mentioned in subsection (1)(a)—lying on its underside; or (b) for a ﬁsh mentioned in subsection (1)(b)—lying on its side with the dorsal ﬁn facing outward and its mouth closed. ‘3 Measurement of size of mud crab ‘The size of a mud crab is decided by measuring— (a) if its carapace is not damaged or missing—the widest part of its carapace; or (b) if its carapace is damaged or missing—the underside of its body on 1 side, from the notch at the junction of the claw with the body to the notch at the junction of the last leg with the body. ‘4 Measurement of size of painted crayﬁsh ‘The size of a painted crayﬁsh is decided by measuring, in a straight line—

s 19 15 s 19 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (a) if its carapace is not damaged or missing—from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the cephalothorax; or (b) if its carapace is damaged or missing—along the dorsal surface from the anterior margin of the ﬁrst abdominal somite to the posterior margin of the sixth abdominal somite, when the tail is laid ﬂat on a horizontal surface. ‘5 Measurement of size of pearl oyster ‘The size of a pearl oyster is decided by measuring from the edge of its butt or hinge to the opposite edge of its shell, whether or not the shell is broken or chipped. ‘6 Measurement of size of trochus ‘The size of a trochus is decided by measuring the widest part of the base of its shell. ‘PART 2—MEASUREMENT OF WEIGHT OF PARTICULAR FISH ‘7 Measurement of weight of green snails ‘The weight of a green snail is its empty shell weight.’. 19 Amendment of sch 5 (Declared diseases) (1) Schedule 5, part 1, entry for enteric redmouth disease— omit. (2) Schedule 5, part 1— insert — ‘enteric redmouth disease ( Yersinia ruckeri Hagerman strain) necrotising hepatopancreatitis withering syndrome of abalone ( Candidatus Xenohaliotis californiensis)’.

s 20 16 s 21 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (3) Schedule 5, part 3, both entries for haplosporidiosis and entry for marteliosis, mikrocytosis ( roughleyi ) and perkinsosis ( Perkinsus olseni )— omit. (4) Schedule 5, part 3— insert — ‘bonamiosis ( Bonamia exitosus ) marteiliosis ( Marteilia refringens ) MSX disease ( Haplosporidium nelsoni ) SSO disease ( Haplosporidium costale )’. (5) Schedule 5, part 5, ‘entry for Baculovirus penaei— omit. (6) Schedule 5, part 5— insert — ‘akoya oyster disease red sea bream iridoviral disease tetrahedral baculovirosis ( Baculovirus penaei ) white sturgeon iridoviral disease’. 20 Amendment of sch 5A (Noxious ﬁsheries resources) (1) Schedule 5A, entry for ﬁsh of the family Serrasalmidae or Characidae— omit. (2) Schedule 5A— insert — ‘ﬁsh of the family Serrasalmidae (subfamilies Myleinae and Serrasalminae) or Characidae (subfamily Serrasalminae), other than Metynnis spp. and Myleus rubripinnis ’. 21 Amendment of sch 5B (Special provisions for spanish mackerel commercial ﬁshery) (1) Schedule 5B, section 29(2)(a)—

s 21 17 s 21 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 omit, insert — ‘(a) for 2002— (i) if the holder held the licence for more than 1 whole month in 2002—the higher of the following— (A) the notional amount of (whole weight) spanish mackerel taken by the holder in 2002; (B) the amount of (whole weight) spanish mackerel taken under the licence in 2002; or (ii) otherwise—the amount worked out under section 10 of this schedule;’. (2) Schedule 5B, sections 29(3) and 52(3), ‘in 2002,’— insert — ‘within the start-up period for the holder,’. (3) Schedule 5B, sections 29 and 52— insert — ‘ (4) In this section— “start-up period” , for a holder of a licence, means the period— (a) starting on the day the holder was ﬁrst named in the licence as the holder, or an application was made to transfer the licence to the holder; and (b) ending on 21 February 2003.’. (4) Schedule 5B, section 52(2)(a)— omit, insert — ‘(a) for 2002— (i) if the eligible holder held the licence for more than 1 whole month in 2002—the higher of the following— (A) the notional amount of (whole weight) spanish mackerel taken by the holder in 2002; (B) the amount of (whole weight) spanish mackerel taken under the licence in 2002; or (ii) otherwise—the amount worked out under section 10 of this schedule;’.

s 22 18 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (5) Schedule 5B, section 54(2)(b)— renumber as section 54(2)(c). (6) Schedule 5B, section 54(2)— insert — ‘(b) for a year for which the holder held the licence for more than 1 whole month but less than 12 whole months of the year—the higher of the following— (i) the notional amount of (whole weight) spanish mackerel taken by the holder in the year; (ii) the amount of (whole weight) spanish mackerel taken under the licence in the year;’. 22 Amendment of sch 7 (Fish habitat areas) (1) Schedule 7, sections 1, 4 to 6, 9 to 11, 15, 17, 18, 25, 28, 34, 43, 53, 63 and 71— omit. (2) Schedule 7, part 2— insert — ‘36A Annan River ‘ (1) The Annan River ﬁsh habitat area is shown on plan FHA–049. ‘ (2) The area includes the following— (a) the tidal land and waters of lot 68 on plan BS 87; (b) the esplanade adjacent to lot 253 on plan BK 15762 that is within the outer boundary shown on the plan. ‘ (3) However, the area does not include— (a) the area 80 m upstream and downstream from the centre line of the new Cooktown Development Road Bridge that crosses the river; and (b) the area under, and within, 50 m of the boat ramp on the northern side of Annan River; and (c) the road adjacent to lot 29 on CP 896317.

s 22 19 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ‘39A Beelbi ‘ (1) The Beelbi ﬁsh habitat area is shown on plan FHA–030. ‘ (2) The area includes the tidal land of the part of lot 25 on plan NPW 541 that is within the outer boundary shown on the plan. ‘42A Burrum ‘ (1) The Burrum ﬁsh habitat area is shown on plan FHA–029 (2 sheets). ‘ (2) The area includes the following— (a) lot 20 on plan CK 3227; (b) lot 75 on plan CK 3132. ‘ (3) The area does not include the parts of lots 53 and 65 on plan C 37398 that are not tidal land. ‘42B Cattle Creek ‘ (1) The Cattle Creek ﬁsh habitat area is shown on plan FHA–026. ‘ (2) The area includes the following— (a) lot 479 on plan OL 223; (b) the part of the Cattle Creek Esplanade between Sinclaire Road and the prolongation of the south-western boundary of lot 10 on plan CAR 124284. ‘ (3) However, the area does not include— (a) the part of lot 123 on plan NPW 597 that is within the outer boundary shown on the plan; and (b) Bridges Road. ‘43 Cawarral Creek ‘ (1) The Cawarral Creek ﬁsh habitat area is shown on plan FHA–050. ‘ (2) However, the area does not include— (a) the area within 30 m of the centre line of the trunk water main shown on the plan; and

s 22 20 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (b) the area under, or within 50 m of, the boat ramp on the northern side of Cawarral Creek; and (c) the area under, or within 50 m of, the boat ramp on the southern side of Cawarral Creek; and (d) the esplanade adjacent to lot 5 on plan LN 1927. ‘43A Colosseum Inlet ‘ (1) The Colosseum Inlet ﬁsh habitat area is shown on plan FHA–037. ‘ (2) The area includes the following— (a) the tidal land of the part of lot 4 on plan FD 841442 that is within the outer boundary shown on the plan; (b) lots 5, 6, 9 and 11 on plan FD 841442; (c) lot 10 on plan FD 841442 other than the part of the lot that is within the area mentioned in subsection (3)(c). ‘ (3) However, the area does not include— (a) lot 697 on plan NPW 443 and the esplanades surrounding the lot; and (b) the esplanade along— (i) the eastern boundary of lot 21 on SP 114462; or (ii) the south-eastern boundary of lot 4450 on plan PH 2277; and (c) the area, including lot 1 on USL 43258, shown and described on the plan as ‘Exclusion Area’. 1 ‘48A Elliott River ‘ (1) The Elliott River ﬁsh habitat area is shown on plan FHA–052. ‘ (2) The area includes the following— (a) lot 192 on plan CK 2206; 1 The area is north of Clarks Drive. The plan describes the area as the area within 100 m of the centre line of the existing access track.

s 22 21 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (b) the part of the esplanade adjoining the southern and eastern boundaries of lot 192 on plan CK 2206 that is within the outer boundary shown on the plan; (c) the part of the esplanade adjoining the eastern boundaries of lot 11 on RP 171643, lot 7 on RP 909282 and lot 8 on RP 93267, that is within the outer boundary shown on the plan. ‘ (3) However, the area does not include— (a) lot 21 on plan C 371349; and (b) the area within 15 m of the centre line of the water supply pipeline between Elliott Heads and Riverview. ‘48B Eurimbula ‘ (1) The Eurimbula ﬁsh habitat area is shown on plan FHA–038. ‘ (2) The area includes the tidal land of the part of lot 35 on plan NPW 865 that is within the outer boundary shown on the plan. ‘49A Halifax ‘ (1) The Halifax ﬁsh habitat area is shown on plan FHA–024. ‘ (2) The area includes the part of lot 408 on CP 91644 that is within the outer boundary shown on the plan. ‘ (3) However, the area does not include— (a) the parts of lot 15 on plan USL 39609 and lot 72 on plan CWL 1870 that are not tidal land; and (b) Halifax–Lucinda Point Road; and (c) Gentle Annie Creek Road; and (d) the small parcels shown and described on the plan as ‘area “A” ’. ‘53 Jumpinpin–Broadwater ‘ (1) The Jumpinpin–Broadwater ﬁsh habitat area is shown on plan FHA–021. ‘ (2) The area includes the following— (a) the esplanade surrounding lot 4 on plan WD 2140;

s 22 22 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (b) the following lots— • lot 6 on plan WD 2107 • lot 4 on plan WD 2140 • lot 10 on plan WD 3007; (c) the parts of the following lots that are within the outer boundary shown on the plan— • lot 91 on plan WD 3199 • lots 273 to 275 on plan WD 131 • lots 264 and 266 on plan WD 132 • lot 17 on plan SL 8399 • lot 262 on plan W 31252 • lot 271 on plan WD 3598; (d) the tidal land of lot 408 on plan NPW 645. ‘ (3) However, the area does not include— (a) the parts of the following lots that are not tidal land— • lot 1 on plan USL 32128 • lot 3 on plan USL 32129; (b) lot 21 on W 31475; and (c) lots 243, 244 and 245 on plan WD 31330; and (d) lot 1 on plan AP 7164; and (e) the small parcels shown and described on the plan as ‘area “A” ’; and (f) the following areas— (i) the area, identiﬁed on the plan as ‘Exclusion Area’, that is a rectangular area running along the western boundary of lot 243 on plan WD 31330 and extending out 50 m from the boundary; 2 and (ii) the area, identiﬁed on the plan as ‘Exclusion for Access’, with a length of 160 m, running from the most northern tip 2 The area is west of Tabby Tabby Island.

s 22 23 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 of lot 10 on plan WD 3007 along the north-eastern boundary of the lot, and a width of 50 m; 3 and (iii) the area, identiﬁed on the plan as ‘FHA – Exclusion Area’, with a length of 40 m running along the south-eastern boundary of lot 408 on plan NPW 645 and a width of 15 m. 4 ‘63 Noosa River ‘ (1) The Noosa River ﬁsh habitat area is shown on plan FHA–051 (Revision 1 – 2 sheets). ‘ (2) The area includes the tidal land of the following— • the part of lot 21 on plan NPW 659 that is within the outer boundary shown on the plan • lot 35 on plan MCH 4795 • lots 140 and 144 to 148 on plan MCH 4796 • lot 168 on CP 849516 • lot 307 on plan MCH 4551 • lots 34 and 35 on plan MCH 5214. ‘ (3) However, the area does not include— (a) the part of lot 3 on plan USL 30873 that is not tidal land; and (b) lots 55 and 386 on plan MCH 1667; and (c) the road adjacent to lot 11 on plan MCH 4128 and lot 1 on RP 141189. ‘63A Palm Creek ‘ (1) The Palm Creek ﬁsh habitat area is shown on plan FHA–025. ‘ (2) The area includes the following— (a) lot 181 on plan CWL 3001; (b) lot 384 on plan CWL 3001; 3 The area is north of Cobby Cobby Island. 4 The area is south-west of Woogoompah Island and is commonly used as an oyster industry stockpile area.

s 22 24 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (c) the bed and banks of the waterway on the part of lot 382 on SP 136985 that is within the outer boundary shown on the plan. ‘67A Rodds Harbour ‘ (1) The Rodds Harbour ﬁsh habitat area is shown on plan FHA–036. ‘ (2) The area does not include— (a) the area shown and described on the plan as ‘Exclusion Area’ at area ‘C’; 5 and (b) the area shown and described on the plan as ‘Exclusion Area’ at area ‘D’; 6 and (c) the area shown and described on the plan as ‘Exclusion Area’ at area ‘E’. 7 ‘71 Trinity Inlet ‘ (1) The Trinity Inlet ﬁsh habitat area is shown on plan FHA–003 (Revision 2). ‘ (2) The area includes the following— (a) the following lots— • lot 1 to 4 on plan C 19823 • lot 51 on plan NR 3159 • lot 92 on plan NR 3051 • lot 155 on plan NR 4561 • lot 153 on plan NR 4373 • lot 36 on plan AP 7416 5 The area is described on the plan as an area within 50 m either side of the centre line of the existing access track. 6 The area is described on the plan as an area within 100 m either side of the centre line of the existing access track. 7 The area is described on the plan as an area within 250 m either side of the centre line of the existing causeway.

s 22 25 s 22 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (b) the part of the following lots that are within the outer boundary shown on the plan— • lot 1 on RP 736304 • lots 40, 41 and 771 on SP 113657 • lot 14 on SP 122867 • lot 2 on plan AP 3510 • lot 12 on plan AP 3442 • lot 146 on SP 129134 • lot 45 on plan AP 3448. ‘ (3) However, the area does not include— (a) lot 1 on RP 783634; and (b) lot 1 on PER 5481; and (c) the area within 10 m of the centreline of the vehicular track from Airport Avenue to the Sand Stockpile on lot 1 on RP 736304; and (d) the Sand Stockpile on lot 1 on RP 736304; and (e) the area within 10 m of the centre line of the vehicular track that crosses lot 151 on NR 4172; and (f) the following esplanades— (i) the esplanade adjacent to lot 1 on RP 736304 and Airport Avenue; (ii) the esplanade on the northern side of Pine Creek; (iii) the esplanade adjacent to lot 34 on plan USL 9876; (iv) the esplanade adjacent to lot 36 on plan AP 7416; (v) the esplanade adjacent to lot 158 on plan NR 5877; (vi) the esplanade adjacent to part of lot 111 on plan NR7962; and (g) the following roads— (i) the roads surrounding Mackay Creek; (ii) the roads on the eastern and southern sides of Simmonds Creek; (iii) the road on the eastern side of Middle Creek.’.

s 23 26 s 26 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 (3) Schedule 7, sections 2 to 74— renumber as sections 1 to 70. 23 Amendment of sch 10 (Fees) (1) Schedule 10, item 20— omit. (2) Schedule 10, items 21 to 34— renumber as items 20 to 33. 24 Amendment of sch 12 (Line ﬁsheries (Commercial)) Schedule 12, section 45(3), ‘ ‘N8’ ’— omit, insert — ‘ ‘L1’ or ‘L2’ ’. 25 Amendment of sch 16 (Glossary of scientiﬁc names used for ﬁsh) (1) Schedule 16, entry for estuary cod and tigerﬁsh (South American) or trahira— omit. (2) Schedule 16— insert — ‘estuary cod malabar grouper tigerﬁsh (South American) or trahira Epinephelus coioides Epinephelus malabaricus Erythrinus, Hoplerythrinus Hoplias spp.’. and 26 Amendment of sch 17 (Deﬁnitions) Schedule 17, part 2, deﬁnition “commercial ﬁshing competition”— omit.

27 Fisheries Amendment Regulation (No. 4) 2003 No. 367, 2003 ENDNOTES 1. Made by the Governor in Council on 18 December 2003. 2. Notiﬁed in the gazette on 19 December 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 2003