Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 (Qld)

Queensland Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Subordinate Legislation 2015 No. 125 made under the Fisheries Act 1994 Rural and Regional Adjustment Act 1994 Contents Part 1 1 2 Part 2 3 4 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Fisheries Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of ss 30 and 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Omission of s 89 (Exception for Trinity Bay regulated waters) . . . 4 Insertion of new ch 2, pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 12A Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce Division 1 Regulated persons 123 Regulated persons for pt 12A. . . . . . . . . . . . . . . . . . . 5 Division 2 Possessing or using particular nets 123A Regulated waters for div 2 . . . . . . . . . . . . . . . . . . . . . 5 123B Prohibited activities . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 1 (Regulated waters) . . . . . . . . . . . . . . . . . . . 6

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Contents Part 3 8 9 10 Amendment of Rural and Regional Adjustment Regulation2011 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 3 (Approval of schemes—Act, s 11) . . . . . . . . . 9 Insertion of new schs 26 and 27. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Schedule 26 Particular commercial fishing boat licences surrender scheme Part 1 Preliminary 1 Purpose of financial assistance . . . . . . . . . . . . . . . . . 10 Part 2 Definitions Division 1 Key definitions 2 What is a relevant licence. . . . . . . . . . . . . . . . . . . . . . 11 3 Who is the holder of a relevant licence. . . . . . . . . . . . 12 4 Who is the relevant holder for a surrender offer . . . . . 12 5 What is a surrender offer . . . . . . . . . . . . . . . . . . . . . . 12 6 What is the relevant amount for a surrender offer . . . 12 Division 2 Other definitions 7 Other definitions for sch 26. . . . . . . . . . . . . . . . . . . . . 13 Part 3 General provisions for scheme Division 1 Nature of assistance 8 Nature of financial assistance . . . . . . . . . . . . . . . . . . 15 Division 2 Invitations for surrender offers 9 Invitation notice for offers . . . . . . . . . . . . . . . . . . . . . . 15 Division 3 Application can not be made if any FisheriesAct 1994 compensation paid 10 Person can not apply under scheme if any compensation paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4 Eligibility 11 Eligibility criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 5 Dealing with surrender offers 12 Authority must accept or reject offer. . . . . . . . . . . . . . 18 13 State not required to accept surrender offer. . . . . . . . 19 14 Surrender offer may be accepted only if sufficient funds 19 15 Priority of consideration for acceptance of surrender offers according to history of use of qualifying nets . . . . . . . 19 Division 6 Other provisions 16 Conditions of assistance for surrender offer . . . . . . . . 20 Page 2 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Contents 17 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 18 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 4 Table for working out relevant amount 19 Table for s 6(1) for working out relevant amount. . . . . 22 Schedule 27 Payments to holders of commercial fisher licences for prohibition on possession or use of particular nets scheme Part 1 Preliminary 1 Purpose of financial assistance . . . . . . . . . . . . . . . . . 24 Part 2 Definitions Division 1 Key definitions 2 Who is the relevant holder for an application . . . . . . . 25 3 What is the relevant amount. . . . . . . . . . . . . . . . . . . . 25 Division 2 Other definitions 4 Other definitions for sch 27. . . . . . . . . . . . . . . . . . . . . 26 Part 3 General provisions for scheme Division 1 Nature of assistance 5 Nature of financial assistance . . . . . . . . . . . . . . . . . . 27 Division 2 Invitations for applications for payment 6 Invitation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3 Application can not be made if any FisheriesAct 1994 compensation paid 7 Person can not apply under scheme if any compensation paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 4 Eligibility 8 Eligibility criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9 Authority must approve or refuse to approve application and give notice to applicant . . . . . . . . . . . . . . . . . . . . . . . . 31 10 Payment of relevant amount only if sufficient funds . . 31 11 Priority of consideration for acceptance of applications according to order received . . . . . . . . . . . . . . . . . . . . 31 12 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 13 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 32 2015 SL No. 125 Page 3

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 . 2 Commencement This regulation commences at midday on 1 November 2015. Part 2 Amendment of Fisheries Regulation 2008 3 Regulation amended This part amends the Fisheries Regulation 2008. 4 Amendment of ss 30 and 31 Sections 30 and 31, ‘12’— omit, insert— 12A 5 Omission of s 89 (Exception for Trinity Bay regulated waters) Section 89— omit. 6 Insertion of new ch 2, pt 12A Chapter 2— insert— Page 4 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 2 Amendment of Fisheries Regulation 2008 [s 6] Part 12A Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce Division 1 Regulated persons 123 Regulated persons for pt 12A A commercial fisher is a regulated person. Division 2 Possessing or using particular nets 123A Regulated waters for div 2 This division applies to the following regulated waters— (a) Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; (b) St Helens Beach–Cape Hillsborough–North of Mackay waters; (c) Trinity Bay–Cairns waters. 123B Prohibited activities (1) A regulated person must not in the regulated waters— (a) possess a relevant net for taking fish for trade or commerce, unless the net is stowed and secured on a boat; or 2015 SL No. 125 Page 5

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 2 Amendment of Fisheries Regulation 2008 [s 7] (b) use a relevant net for taking fish for trade or commerce. Note — See section 88 under which parts of the regulated waters are subject to prohibitions on possession or use of any nets. (2) In this section— relevant net means a cast net, mesh net, seine net or set pocket net. 7 Amendment of sch 1 (Regulated waters) (1) Schedule 1, part 2, after entry for Fitzroy River (town reach netting)— Page 6 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 2 Amendment of Fisheries Regulation 2008 [s 7] insert— Yeppoon– Keppel Bay–Fitzro y River– Capricorn Coast waters 1 2 waters within the following boundary— part 12A • from latitude 22° 56.676’ south, longitude 150° 47.614’ east • south easterly to latitude 23° 3.194’ south, longitude 151° 0.000’ east • then south to latitude 23° 24.000’ south, longitude 151° 0.000’ east • then south easterly to latitude 23° 27.145’ south, longitude 151° 1.065’ east • then to latitude 23° 33.378’ south, longitude 151° 0.936’ east • then to latitude 23° 34.414 south, longitude 151° 0.654’ east • then generally north westerly along the mainland shore to latitude 22° 56.676’ south, longitude 150° 47.614’ east waterways flowing into the waters mentioned in item 1, other than waterways flowing into the waters between latitude 23° 33.378’ south, longitude 151° 0.936’ east and latitude 23° 34.414 south, longitude 151° 0.654’ east (2) Schedule 1, part 2, after entry for Reliance Creek, west of Eimeo— 2015 SL No. 125 Page 7

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 2 Amendment of Fisheries Regulation 2008 [s 7] insert— St Helens 1 Beach–Cape Hillsborough –North of Mackay waters 2 waters within the following boundary— part 12A • from latitude 20° 46.746’ south, longitude 148° 49.893’ east • to latitude 20° 46.746’ south, longitude 148° 53.131’ east • to latitude 20° 54.813’ south, longitude 149° 4.047’ east • to latitude 20° 56.205’ south, longitude 149° 4.047’ east • to latitude 20° 56.381’ south, longitude 149° 2.669’ east • to latitude 20° 55.571’ south, longitude 149° 1.679’ east • then generally north westerly along the mainland shore to latitude 20° 46.746’ south, longitude 148° 49.893’ east waterways flowing into the waters mentioned in item 1 (3) Schedule 1, part 2, after entry for Centenary Lakes, Cairns— Page 8 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 8] insert— Trinity 1 Bay–Cairns waters 2 waters within the following boundary— part 12A • from latitude 16° 46.517’ south, longitude 145° 41.686’ east • to latitude 16° 52.263’ south, longitude 145° 50.933’ east • then generally south westerly along the mainland shore to latitude 16° 55.196’ south, longitude 145° 47.377’ east • then generally north westerly along the mainland shore to latitude 16°46.517’ south, longitude 145° 41.686’ east waterways flowing into the waters mentioned in item 1 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 8 Regulation amended This part amends the RuralandRegionalAdjustmentRegulation 2011. 9 Amendment of s 3 (Approval of schemes—Act, s 11) Section 3(1), ‘and 25’— omit, insert— , 25, 26 and 27 2015 SL No. 125 Page 9

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] 10 Insertion of new schs 26 and 27 After schedule 25— insert— Schedule 26 Particular commercial fishing boat licences surrender scheme section 3(1) Part 1 Preliminary Page 10 1 Purpose of financial assistance (1) This section states the purpose of financial assistance that may be given under this scheme. (2) The purpose is to offset the impact on holders of particular commercial fishing boat licences of the surrender of the licence as a result of a prohibition on commercial fishers about the possession or use of a cast net, mesh net, seine net or set pocket net in the following regulated waters— (a) Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; (b) St Helens Beach–Cape Hillsborough–North of Mackay waters; (c) Trinity Bay–Cairns waters. Note — See the Fisheries Regulation 2008 , chapter 2, part 12A (Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce). 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Part 2 Definitions Division 1 Key definitions 2 What is a relevant licence (1) A relevant licence is a commercial fishing boat licence— (a) in relation to which the following are satisfied— (i) at 5pm on 16 August 2015 a class 1 fishery symbol was written on the licence; (ii) under the symbol, the holder of the licence could use a qualifying net to take fish in part or all of the Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters or St Helens Beach–Cape Hillsborough–North of Mackay waters regulated waters; or (b) in relation to which the following are satisfied— (i) at 5pm on 16 August 2015 the licence had fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; (ii) at 5pm on 16 August 2015 the licence related to a boat for which, under the Fisheries Regulation 2008 , there was boat mark FHND, FNCX, FUPR, FXHN or FXTH; (iii) under the symbol, or otherwise under the Fisheries Regulation 2008 , the holder of the licence could use a qualifying net to take fish in part or all 2015 SL No. 125 Page 11

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] of the Trinity Bay–Cairns waters regulated waters. (2) Subsections (1)(a)(i) and (b)(i) apply whether or not— (a) another fishery symbol is written on the licence; or (b) the licence is suspended. (3) In this section— boat mark see the Fisheries Regulation 2008 , section 228. 3 Who is the holder of a relevant licence The holder , of a relevant licence, is the person to whom it is issued or transferred, other than by a temporary transfer under the FisheriesAct1994 , section 65C. 4 Who is the relevant holder for a surrender offer The relevant holder , for a surrender offer, is the holder of the relevant licence to which the offer relates. 5 What is a surrender offer A surrender offer is an offer, included in an application, to surrender a relevant licence. 6 What is the relevant amount for a surrender offer (1) The relevant amount , for a surrender offer, is the total of— (a) the amount stated in the table in section 19 for a commercial fishing boat licence; and Page 12 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (b) the total of the amounts stated in the table for the class 1 fisheries symbols that— (i) were written on the licence to which the offer relates at 5pm on 16 August 2015; and (ii) are written on the licence when the licence is surrendered; and (c) the total of the amounts stated in the table for the class 2 fisheries symbols that— (i) were written on the licence at 5pm on 16 August 2015; and (ii) are written on the licence when the licence is surrendered. (2) The relevant amount is exclusive of GST. Division 2 Other definitions 7 Other definitions for sch 26 In this schedule— application means an application under this scheme. approved form means a form approved by the authority. class 1 fishery symbol means fishery symbol ‘N1’, ‘N2’, ‘N4’, N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8. class 2 fishery symbol means fishery symbol ‘C1’, ‘C2’, ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’, ‘M1’, ‘N3’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’, ‘T9’, ‘S’, ‘RQ(0)’, ‘RQ(1)’, ‘RQ(2)’, ‘RQ(3)’, ‘RQ(4)’, ‘SM’, ‘SM(1)’, ‘SM(2)’, ‘SM(3)’, ‘SM(4)’ or ‘P’. 2015 SL No. 125 Page 13

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] commercial fishing boat licence means a commercial fishing boat licence under the Fisheries Regulation 2008 . fishery symbol see the Fisheries Regulation 2008 , schedule 11, part 2. holder , of a relevant licence, see section 3. invitation notice , for an offer, means the notice published under section 9 for the offer. qualifying net means a cast net, mesh net, seine net or set pocket net. regulated waters means regulated waters mentioned in the Fisheries Regulation 2008 , chapter 2, part 12A. relevant amount , for a surrender offer, see section 6. relevant holder , for a surrender offer, see section 4. relevant licence see section 2. scheme means the scheme set out in this schedule. surrender , of a relevant licence, means surrender of the licence under the FisheriesAct1994 , section 72. surrender offer see section 5. Page 14 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Part 3 General provisions for scheme Division 1 Nature of assistance 8 Nature of financial assistance The nature of financial assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer. Division 2 Invitations for surrender offers 9 Invitation notice for offers (1) The authority must invite surrender offers from the relevant holders by publishing on the authority’s website a notice complying with subsections (2) to (4). Editor’s note— The address of the authority’s website is < (2) The notice must state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 to make an offer under the scheme, in the approved form of application, for the surrender of the holder’s licence, if the following requirements are met— (a) at 5pm on 16 August 2015 the licence had fishery symbol ‘N1’, ‘N2’, ‘N4’, N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it; 2015 SL No. 125 Page 15

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Page 16 (b) under the symbol, the holder used a cast net, mesh net, seine net or set pocket net to take fish in either or both of the following regulated waters declared under that regulation— (i) Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; or (ii) St Helens Beach–Cape Hillsborough–North of Mackay waters; (c) during the year 2012, 2013 or 2014 a holder of the licence used a cast net, mesh net, seine net or set pocket net to take fish under the symbol in either or both of the regulated waters; (d) the use of the net mentioned in paragraph (c) is recorded in a fishery logbook for the licence received by the department before 1 April 2015. (3) The notice must also state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 to make an offer under this scheme, in the approved form of application, for the surrender of the holder’s licence, if the following requirements are met— (a) at 5pm on 16 August 2015 the licence— (i) had fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; and (ii) related to a boat for which, under that regulation, there was boat mark FHND, FNCX, FUPR, FXHN or FXTH; (b) under the fishery symbol, or otherwise under that regulation, the holder could use a cast net, mesh net, seine net or set pocket net to take fish in part or all of the Trinity Bay–Cairns waters regulated waters; 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (c) during the year 2012, 2013 or 2014 a holder of the licence could use a cast net, mesh net, seine net or set pocket net to take fish in part or all of the regulated waters under the fishery symbol or otherwise under that regulation. (4) The notice must also state— (a) that the holder can not apply for assistance under the scheme if the holder has been paid any compensation under the FisheriesAct1994 , part 5, division 1A in relation to part or all of the prohibition under the Fisheries Regulation 2008 , section 123B; and (b) the day on and from which an application can be made; and (c) that an application must be given to the authority by the end of 2 December 2015; and (d) that the notice is given under the Rural andRegionalAdjustmentRegulation2011 , schedule 26. Division 3 Application can not be made if any Fisheries Act1994 compensation paid 10 Person can not apply under scheme if any compensation paid (1) This section applies if a person has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the regulated waters prohibition. (2) The person can not apply for assistance under this scheme. 2015 SL No. 125 Page 17

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (3) In this section— regulated waters prohibition means the prohibition about the possession or use of a qualifying net under the Fisheries Regulation 2008 , section 123B. Division 4 Eligibility 11 Eligibility criteria A person is eligible for assistance under this scheme if— (a) the person makes an application by the end of 2 December 2015; and (b) the requirements under section 9 applying to the offer included in the application have been met; and (c) from when the offer is made until it is accepted the person is the relevant holder for the offer; and (d) the person complies with the conditions of the assistance imposed under section 16. Division 5 Dealing with surrender offers 12 Authority must accept or reject offer (1) This section applies if— (a) a person makes an application by the end of 2 December 2015; and (b) it is after 2 December 2015. Page 18 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (2) The authority, for the State, must by written notice to the applicant— (a) do both of the following— (i) accept the applicant’s surrender offer; (ii) state that the applicant will be paid a stated amount as payment for the surrender offer; or (b) state that the State has refused to accept the applicant’s surrender offer, and the reasons for the refusal. 13 State not required to accept surrender offer The State is not required to accept a surrender offer. 14 Surrender offer may be accepted only if sufficient funds The authority, for the State, may accept a surrender offer only if the authority’s assistance funds for the scheme are sufficient to pay the relevant amount for the offer. 15 Priority of consideration for acceptance of surrender offers according to history of use of qualifying nets (1) Surrender offers by relevant holders must be considered for acceptance in the following decreasing order of priority— (a) from the relevant holder with the highest number of qualifying nets use days; (b) to the relevant holder with the lowest number of qualifying nets use days. 2015 SL No. 125 Page 19

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (2) The number of qualifying nets use days , for a relevant holder, is worked out by using the following steps— (a) step 1—for each zone, work out the number of logged days during the year 2012, 2013 or 2014 that a holder of the relevant licence used a qualifying net to take fish in the zone under a class 1 fishery symbol written on the relevant licence; (b) step 2—total the number of logged days worked out under step 1 for the respective zones. (3) For subsection (2), the use in a zone on the same day of different qualifying nets counts as only 1 day’s use of a qualifying net in the zone. (4) In this section— logged means recorded in a fishery logbook for the licence received by the department before 1 April 2015. zone means any of the following regulated waters— (a) Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; (b) St Helens Beach–Cape Hillsborough–North of Mackay waters; (c) Trinity Bay–Cairns waters. Page 20 Division 6 Other provisions 16 Conditions of assistance for surrender offer (1) This section applies if the authority, by notice under section 12(2)(a), accepts a surrender offer made by a relevant holder. (2) It is a condition of the assistance that— 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (a) each class 1 fishery symbol that was written on the relevant licence at 5pm on 16 August 2015 is written on the licence when it is surrendered; and (b) the relevant holder must, on or before the day stated in the surrender offer for the surrender of the relevant licence, give the authority— (i) the relevant holder’s commercial fishing boat licence; and (ii) a notice of surrender of the licence, in the approved form, under the FisheriesAct 1994 , section 72. (3) If the relevant holder complies with subsection (2), payment under this scheme must be made under the terms of the surrender offer. 17 Applications (1) An application for assistance under this scheme must— (a) be in the approved form; and (b) be accompanied by any other documents stated in the approved form; and (c) be given to the authority by the end of 2 December 2015. (2) The approved form must include provision for the applicant to make a surrender offer. (3) A surrender offer may be made to the authority only under subsection (1). (4) The authority may ask an applicant for further relevant information required to consider the application. 2015 SL No. 125 Page 21

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (5) A person who has made an application may withdraw the application before 3 December 2015 by giving the authority a written request for the withdrawal. 18 Deciding applications The authority must consider, and decide to approve, or refuse to approve, each application including by— (a) considering the surrender offer included in the application; and (b) deciding to accept or reject the offer. Part 4 Table for working out relevant amount 19 Table for s 6(1) for working out relevant amount This section is for section 6(1) . Commercial fishing boat licence $18,000 Class 1 fishery symbol N1 N2 N4 N10 N11 K1 K2 K3 K4 K5 K6 Page 22 $ 48,000 90,000 96,000 60,000 6,000 60,000 60,000 60,000 60,000 60,000 60,000 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Class 1 fishery symbol K7 K8 $ 60,000 60,000 Class 2 fishery symbol C1 C2 L1 L2 L3 L4 L8 M1 T2 T9 N3 T1 T5 T6 T7 T8 S RQ(0) RQ(1) RQ(2) RQ(3) RQ(4) SM SM(1) SM(2) SM(3) SM(4) 2015 SL No. 125 $ 36,000 12,000 12,000 12,000 12,000 24,000 54,000 30,000 24,000 24,000 90,000 30,000 24,000 24,000 24,000 24,000 12,000 18,000 24,000 30,000 36,000 42,000 24,000 24,000 30,000 36,000 42,000 Page 23

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Class 2 fishery symbol P $ 30,000 Page 24 Schedule 27 Payments to holders of commercial fisher licences for prohibition on possession or use of particular nets scheme section 3(1) Part 1 Preliminary 1 Purpose of financial assistance (1) This section states the purpose of financial assistance that may be given under this scheme. (2) The purpose is to provide a fair and reasonable payment to the holder of a particular commercial fisher licence to whom a prohibition about possessing or using a cast net, mesh net, seine net or set pocket net to take fish in the following regulated waters applies— (a) Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; (b) St Helens Beach–Cape Hillsborough–North of Mackay waters; (c) Trinity Bay–Cairns waters. 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Note — See the Fisheries Regulation 2008 , chapter 2, part 12A (Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce). Part 2 Definitions Division 1 Key definitions 2 Who is the relevant holder for an application The relevant holder , for an application, is the person to whom the commercial fisher licence to which the application relates is issued. 3 What is the relevant amount (1) The relevant amount for an application is worked out under this section. (2) Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters regulated waters is a zone and the base amount for the zone is $500. (3) St Helens Beach–Cape Hillsborough–North of Mackay waters regulated waters is also a zone and the base amount for the zone is $500. (4) Trinity Bay–Cairns waters regulated waters is also a zone and the base amount for the zone is $1000. (5) For each zone, multiply the base amount for the zone by the applicant’s average net use days for the zone (each the zone amount ). 2015 SL No. 125 Page 25

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] (6) The relevant amount payable to the applicant is the total of the zone amounts. (7) The applicant’s average net use days , for a zone, is worked out by— (a) taking the number of logged days during the year 2012, 2013 or 2014 that the applicant used a qualifying net to take fish in the zone under a relevant fishery symbol; and (b) dividing by 3. (8) For subsection (7)(a), the use in a zone on the same day of different qualifying nets counts as only 1 day’s use of a qualifying net in the zone (9) In this section— logged means recorded in a fishery logbook received by the department before 1 April 2015. qualifying net means a cast net, mesh net, seine net or set pocket net. Division 2 Other definitions 4 Other definitions for sch 27 In this schedule— application means an application under this scheme. approved form means a form approved by the authority. commercial fisher licence means a commercial fisher licence under the Fisheries Regulation 2008 . fishery symbol see the Fisheries Regulation 2008 , schedule 11, part 2. Page 26 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] regulated waters means regulated waters mentioned in the Fisheries Regulation 2008 , chapter 2, part 12A. relevant fishery symbol means fishery symbol ‘N1’, ‘N2’, ‘N4’, N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’. relevant holder , for an application, see section 2. scheme means the scheme set out in this schedule. zone see section 3(2), (3) or (4). Part 3 General provisions for scheme Division 1 Nature of assistance 5 Nature of financial assistance The nature of financial assistance that may be given under this scheme to a relevant holder whose application is approved by the authority is the payment to the relevant holder of the relevant amount. Division 2 Invitations for applications for payment 6 Invitation notice (1) The authority must invite applications from relevant holders for a payment under this scheme by publishing on the authority’s website a notice complying with subsections (2) to (4). 2015 SL No. 125 Page 27

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Page 28 Editor’s note— The address of the < authority’s website is (2) The notice must state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, to the authority for a payment under this scheme, if the following requirements are met— (a) during the year 2012, 2013 or 2014 the holder used a cast net, mesh net, pocket net or seine net to take fish under the licence while using a commercial fishing boat under a commercial fishing boat licence with fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it; (b) the use of the net mentioned in paragraph (a) was in either or both of the following regulated waters declared under that regulation— (i) the Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; (ii) St Helens Beach–Cape Hillsborough–North of Mackay waters; (c) the use of the net mentioned in paragraphs (a) and (b) is recorded in a fishery logbook received by the department before 1 April 2015. (3) The notice must also state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, for a payment under this scheme, if the following requirements are met— (a) during the year 2012, 2013 or 2014 the holder used a cast net, mesh net, pocket net 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] or seine net to take fish under the licence while using a commercial fishing boat under a commercial fishing boat licence— (i) with fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; and (ii) that relates to a boat for which, under that regulation, there is boat mark FHND, FNCX, FTTZ, FUPR, FXHN or FXTH; (b) the use of the net mentioned in paragraph (a) was in the Trinity Bay–Cairns regulated waters; (c) the use of the net mentioned in paragraphs (a) and (b) is recorded in a fishery logbook received by the department before 1 April 2015. (4) The notice must also state— (a) that the holder can not apply for assistance under the scheme if the holder has been paid any compensation under the FisheriesAct1994 , part 5, division 1A in relation to part or all of the prohibition under the Fisheries Regulation 2008 , section 123B; and (b) the day on and from which an application can be made; and (c) that an application must be given to the authority by the end of 2 December 2015; and (d) that the notice is given under the Rural andRegionalAdjustmentRegulation2011 , schedule 27. 2015 SL No. 125 Page 29

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] Division 3 Application can not be made if any Fisheries Act1994 compensation paid 7 Person can not apply under scheme if any compensation paid (1) This section applies if a person has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the regulated waters prohibition. (2) The person can not apply for assistance under this scheme. (3) In this section— regulated waters prohibition means the prohibition about the possession or use of a qualifying net under the Fisheries Regulation 2008 , section 123B. Division 4 Eligibility Page 30 8 Eligibility criteria (1) A person is eligible for assistance under this scheme if— (a) the person makes an application by the end of 2 December 2015; and (b) the requirements under section 6 applying to the offer included in the application have been met. (2) A person is not ineligible for assistance under this scheme only because the person relies on— (a) a commercial fishing boat licence that has a fishery symbol written on it that is in addition to a fishery symbol mentioned in 2015 SL No. 125

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] section 6; or (b) a commercial fisher licence that is suspended. 9 Authority must approve or refuse to approve application and give notice to applicant (1) This section applies if— (a) a person makes an application by the end of 2 December 2015; and (b) it is after 2 December 2015. (2) The authority, for the State, must by written notice to the applicant— (a) approve the application and advise that the applicant will be paid a stated amount as payment for the application; or (b) refuse to approve the application and state the reasons for the refusal. 10 Payment of relevant amount only if sufficient funds The authority, for the State, may accept an application only if the authority’s assistance funds for applications are sufficient to pay the relevant amount for the application. 11 Priority of consideration for acceptance of applications according to order received Applications by relevant holders must be considered for acceptance in the order they were received by the authority. 2015 SL No. 125 Page 31

Fisheries and Another Regulation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Rural and Regional Adjustment Regulation 2011 [s 10] 12 Applications (1) An application for assistance under this scheme must— (a) be in the approved form; and (b) be accompanied by any other documents stated in the approved form; and (c) be given to the authority by the end of 2 December 2015. (2) The authority may ask an applicant for further relevant information required to consider the application. (3) A person who has made an application may withdraw the application before 3 December 2015 by giving the authority a written request for the withdrawal. 13 Deciding applications The authority must consider, and decide to approve or refuse to approve, each application. ENDNOTES 1 Made by the Governor in Council on 10 September 2015. 2 Notified on the Queensland legislation website on 11 September 2015. 3 The administering agency is the Department of Agriculture and Fisheries. © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 32 2015 SL No. 125