Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 (Qld)

Queensland Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 305 made under the Fisheries Act 1994 Integrated Planning Act 1997 State Penalties Enforcement Act 1999 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Fisheries Regulation 1995 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 10 (Scientific names of fish) . . . . . . . . . . . . . . . 4 Amendment of s 25 (Other exemptions). . . . . . . . . . . . . . . . . . . . 4 Amendment of s 30 (Licences chief executive may issue) . . . . . . 5 Replacement of s 34 (Permits chief executive may issue) . . . . . . 5 34 Permits chief executive may issue . . . . . . . . . . . . . . . 5 Amendment of s 35 (Restrictions on issue of general fisheries permits) ................................ 5 Replacement of ss 36–39 and pt 7, div 3 . . . . . . . . . . . . . . . . . . . 6 Division 3 Other authorities 36 Other authorities chief executive may issue . . . . . . . . 6 37 Restriction on issue of particular resource allocation authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Omission of s 48 (Aquaculture licence) . . . . . . . . . . . . . . . . . . . . 7 Replacement of s 57 (Fish habitat area permit) . . . . . . . . . . . . . . 7

2 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 57 Resource allocation authority . . . . . . . . . . . . . . . . . . . 7 12 Omission of s 60 (Conditions of transfer of aquaculture licence for unallocated State land) . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Amendment of s 65 (Prohibition on taking, possessing or selling regulated fish). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Amendment of s 73 (Processing fisheries resources) . . . . . . . . . 8 15 Amendment of s 74 (Storing fish). . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Amendment of s 75 (Selling fisheries resources). . . . . . . . . . . . . 9 17 Replacement of s 77 (Aquaculture) . . . . . . . . . . . . . . . . . . . . . . . 10 77 Releasing aquaculture fisheries resources . . . . . . . . 10 18 Replacement of s 79 (Marine plants) . . . . . . . . . . . . . . . . . . . . . . 10 79 Carrying out particular work in declared fish habit area . . . . . . . . . . . . . . . . . . . . . . . . 10 79A Collecting dead marine wood from unallocated State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 79B Removing, destroying or damaging particular marine plants . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Omission of ss 83 and 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Amendment of s 87 (Fish habitat area offences) . . . . . . . . . . . . . 11 21 Amendment of s 92 (Taking and possessing oysters) . . . . . . . . . 12 22 Insertion of new s 92AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 92AA Entering, or taking particular oysters from, particular areas ........................ 12 23 Amendment of s 99A (Prescribed entity—chief executive’s power under s 20A(1)(h) of the Act for delegation or subdelegation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Amendment of s 105 (Prescribed authorities—Act, s 70C) . . . . . 13 25 Amendment of s 108 (Serious fisheries offences) . . . . . . . . . . . . 14 26 Amendment of s 108A (Particulars to be contained on dockets for wholesale sale of fisheries resources etc.) . . . . . . . . . . . . . . . 14 27 Amendment of s 109 (Statistical returns to be kept—general) . . . 15 28 Insertion of new pt 12, div 4, sdiv 1 and sdiv 2, hdg. . . . . . . . . . . 15 Subdivision 1 Fees relating to development under Planning Act 110O Fees relating to development under Planning Act . . . 15 110P Working out relevant assessment fee. . . . . . . . . . . . . 15 110Q Applicable fee if application relates to more than 1 development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision 2 Other fees’. 29 Amendment of s 112 (Other fees) . . . . . . . . . . . . . . . . . . . . . . . . 17

30 31 32 33 34 35 Part 3 36 37 38 Part 4 39 40 3 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Codes for IDAS 113A Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113B Codes for building work in declared fish habitat area. 113C Code for material change of use of premises for aquaculture ........................ 113D Codes for operational work for constructing or raising a waterway barrier works . . . . . . . . . . . . . . . . 113E Codes for operational work completely or partly within a declared fish habitat area . . . . . . . . . . . . . . . 113F Codes for operational work that is the removal, destruction or damage of marine plants . . . . . . . . . . . 113G Codes available for inspection . . . . . . . . . . . . . . . . . . Insertion of new sch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 9 Fees relating to development under PlanningAct Amendment of sch 10 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 15 (Other fisheries (commercial)) . . . . . . . . . Amendment of sch 16 (Glossary of scientific names used for fish other than coral reef fin fish) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 17 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . Amendment of Integrated Planning Regulation 1998 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for development under the Act, schedule 8) .............................. Amendment of sch 2 (Referral agencies and their jurisdiction) . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 17 17 17 18 18 19 19 20 20 23 24 26 26 28 28 30 32 32

s1 4 s5 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 . 2 Commencement This regulation, other than section 23, commences on 1 March 2005. Part 2 Amendment of Fisheries Regulation 1995 3 Regulation amended in pt 2 This part amends the Fisheries Regulation 1995. 4 Amendment of s 10 (Scientific names of fish) Section 10(2)— insert — ‘(m) for blacklip oyster or milky oyster—Lamprell, K., Healy, J., 1998, Bivalves of Australia , volume 2, Backuys Publishers, Leiden.’. 5 Amendment of s 25 (Other exemptions) Section 25(3)(b)(ii)— omit, insert — ‘(ii) a person who cultivated the fish in a way that is authorised under the Planning Act; or

s6 5 s8 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 (iii) another person who has obtained the fish from a holder or person mentioned in subparagraph (i) or (ii).’. 6 Amendment of s 30 (Licences chief executive may issue) (1) Section 30(1), all dot points— omit, insert— ‘(a) boat licences; (b) buyer licences; (c) coral limestone licences; (d) crew licences; (e) fisher licences; (f) storage licences.’. (2) Section 30(3) and (5)— omit . (3) Section 30(4)— renumber as section 30(3). 7 Replacement of s 34 (Permits chief executive may issue) Section 34— omit, insert— ‘34 Permits chief executive may issue ‘The chief executive may issue general fisheries permits.’. 8 Amendment of s 35 (Restrictions on issue of general fisheries permits) Section 35(1), all dot points— omit, insert — ‘(a) assessing the commercial viability of a fishing activity, fishing apparatus or a boat;

s9 6 s9 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 (b) being on board a commercial fishing boat; (c) buying, using or possessing fishing apparatus; (d) using, being in control of or otherwise possessing a boat; (e) conducting commercial fishing tours; (f) taking, buying, possessing, processing, selling or releasing fish.’. 9 Replacement of ss 36–39 and pt 7, div 3 Sections 36 to 39 and part 7, division 3— omit, insert — ‘Division 3 Other authorities ‘36 Other authorities chief executive may issue ‘The chief executive may issue the following— (a) an authority to take fish for trade or commerce in a commercial fishery; (b) a resource allocation authority. ‘37 Restriction on issue of particular resource allocation authorities ‘(1) The chief executive may issue a resource allocation authority relating to prescribed declared fish habitat area development only if the chief executive is satisfied the development is for 1 or more prescribed declared fish habitat area development purposes for the declared fish habitat area to which the development relates. ‘(2) Also, before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates— (a) the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;

s 10 7 s 11 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 (b) for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area; (c) for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.’. 10 Omission of s 48 (Aquaculture licence) Section 48— omit . 11 Replacement of s 57 (Fish habitat area permit) Section 57— omit, insert— ‘57 Resource allocation authority ‘(1) The holder of a resource allocation authority may— (a) for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Act, schedule 8, part 2, table 1, item 3(b) or (c) or table 4, item 3(b) or (c)—interfere with the declared fish habitat area mentioned in the authority; or (b) for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority; or (c) for an authority relating to development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 4(a)—collect dead marine wood for trade or commerce from the unallocated State land mentioned in the authority; or (d) for an authority relating to development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 4(c)—remove, destroy or damage marine plants in

s 12 8 s 14 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 the area mentioned in the authority, if the removal, destruction or damage is reasonably necessary for— (i) educational or research purposes; or (ii) monitoring the impact of development on marine plants. ‘(2) However, the holder may do the act mentioned in subsection (1) only if— (a) the holder does the act in relation to the development to which the authority relates; and (b) the development is carried out in a way that is authorised under the Planning Act. 1 ’. 12 Omission of s 60 (Conditions of transfer of aquaculture licence for unallocated State land) Section 60— omit . 13 Amendment of s 65 (Prohibition on taking, possessing or selling regulated fish) (1) Section 65(2)(b) and (c)— renumber as section 65(c) and (d). (2) Section 65(2)— insert — ‘(b) a person who cultivates a regulated fish, or possesses or sells a regulated fish that is cultivated, in a way that is authorised under the Planning Act;’. 14 Amendment of s 73 (Processing fisheries resources) (1) Section 73(1)— insert — 1 See also, section 52 (Things authorised by authorities) of the Act.

s 15 9 s 16 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘(c) the person cultivated the fisheries resources in a way that is authorised under the Planning Act.’. (2) Section 73— insert — ‘(3A) Also, subsection (2) does not apply if the person cultivated the fisheries resources in a way that is authorised under the Planning Act.’. (3) Section 73(3A) and (4)— renumber as section 73(4) and (5). 15 Amendment of s 74 (Storing fish) Section 74— insert — ‘(2) Subsection (1) does not apply if the person cultivated the fish in a way that is authorised under the Planning Act.’. 16 Amendment of s 75 (Selling fisheries resources) Section 75(1)— omit, insert — ‘(1) A person may sell fisheries resources by wholesale only if— (a) for aquaculture fisheries resources— (i) the person holds an authority allowing the person to sell the fisheries resources; or (ii) the person cultivated the fisheries resources in a way that is authorised under the Planning Act; or (b) for other fisheries resources—the person holds an authority allowing the person to sell the fisheries resources. 2 ’. 2 See also, section 86 (Dockets for wholesale sale of fisheries resources etc.) of the Act.

s 17 10 s 18 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 17 Replacement of s 77 (Aquaculture) Section 77— omit, insert — ‘77 Releasing aquaculture fisheries resources ‘A person may release aquaculture fisheries resources into Queensland waters only if— (a) the person holds a general fisheries permit for releasing the resources; or (b) the person may release the resources under a management plan; or (c) the release is for carrying out fisheries development relating to aquaculture and the development is carried out in a way that is authorised under the Planning Act.’. 18 Replacement of s 79 (Marine plants) Section 79— omit, insert— ‘79 Carrying out particular work in declared fish habit area ‘A person may carry out development mentioned in the Planning Act, schedule 8, part 2, table 1, item 3(b) or (c) or table 4, item 3(b) or (c), in a declared fish habitat area, only if the person holds a resource allocation authority authorising the person to interfere with the declared fish habitat area. ‘79A Collecting dead marine wood from unallocated State land ‘A person may carry out development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 4(a), on unallocated State land only if the person holds a resource allocation authority authorising the person to collect dead marine wood for trade or commerce from the land.

s 19 11 s 20 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘79B Removing, destroying or damaging particular marine plants ‘A person may carry out development mentioned in the Planning Act, schedule 8, part 2, table 4, item 4(c), in an area only if the person holds a resource allocation authority authorising the person to remove, destroy or damage marine plants in the area.’. 19 Omission of ss 83 and 84 Sections 83 and 84— omit . 20 Amendment of s 87 (Fish habitat area offences) (1) Section 87(1)— omit . (2) Section 87(2)— renumber as section 87(1). (3) Section 87— insert — ‘(2) A person must not unlawfully do any of the following in a fish habitat area— (a) remove weeds; (b) use a pesticide; (c) engage in biological control of a pest. Maximum penalty—100 penalty units. ‘(3) For subsection (2), a person does not unlawfully do an act mentioned in the subsection if the person does the act in compliance with a relevant code of practice for the act. ‘(4) In this section— biological control , of a pest, means to control the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a

s 21 12 s 22 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 bacteria or virus the presence of which may be fatal to the pest. relevant code of practice , for an act, means a code of practice— (a) prepared by the chief executive under section 119 3 of the Act; and (b) applying to the act.’. 21 Amendment of s 92 (Taking and possessing oysters) (1) Section 92, heading, after ‘ oysters ’— insert — ‘ , generally ’. (2) Section 92(3), from ‘oysters’— omit, insert — ‘oysters— (a) grown under an authority or a development approval for prescribed aquaculture development; or (b) bought by the person. 4 ’. 22 Insertion of new s 92AA After section 92— insert — ‘92AA Entering, or taking particular oysters from, particular areas ‘(1) A person, other than a relevant person, must not do either of the following unless the person has a reasonable excuse— (a) enter a marked authority area; 3 Section 119 (Codes of practice) of the Act 4 See also section 87 (Interference etc. with aquaculture activity or fishing apparatus) of the Act.

s 23 13 s 24 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 (b) take a blacklip oyster or milky oyster from a marked authority area. Maximum penalty—100 penalty units. ‘(2) In this section— marked authority area means an area that— (a) is stated on an authority with the fishery symbol ‘O’ written on it; and (b) has been identified, by using markers and signs, by or for the holder of the authority as the area to which the authority relates. relevant person , in relation to a marked authority area, means the holder of the authority on which the area is stated or a person nominated by the holder.’. 23 Amendment of s 99A (Prescribed entity—chief executive’s power under s 20A(1)(h) of the Act for delegation or subdelegation) (1) Section 99A(1)(b)(iii)— renumber as section 99A(1)(b)(iv). (2) Section 99A(1)(b)(ii)— omit, insert — ‘(ii) a body corporate that carries on a business or provides a service relating to fishing, whether or not for trade or commerce; or (iii) an association incorporated under the AssociationsIncorporationAct1981 , if some or all of the members of the association are involved in fishing; or’. 24 Amendment of s 105 (Prescribed authorities—Act, s 70C) (1) Section 105(a) and (d)— omit. (2) Section 105(b) and (c)—

s 25 14 s 26 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 renumber as section 105(a) and (b). (3) Section 105— insert — ‘(c) an authority to take fish for trade or commerce in a commercial fishery, issued under section 36(a); (d) a resource allocation authority;’. 25 Amendment of s 108 (Serious fisheries offences) (1) Section 108(b)(iv) and (v)— omit. (2) Section 108(b)(vi)— renumber as section 108(b)(iv). (3) Section 108— insert— ‘(c) an offence against the PlanningAct, if the offence relates to fisheries development.’. 26 Amendment of s 108A (Particulars to be contained on dockets for wholesale sale of fisheries resources etc.) Section 108A(b)— omit, insert — ‘(b) the name of the seller and— (i) if the seller is acting under an authority—the number of the authority; or (ii) if the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval; or (iii) otherwise—the address of the seller;’.

s 27 15 s 28 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 27 Amendment of s 109 (Statistical returns to be kept—general) (1) Section 109(1)(e) and (f)— omit. (2) Section 109(1)(g)— renumber as section 109(1)(e). (3) Section 109(1)— insert — ‘(f) a person acting under a fisheries development approval.’. 28 Insertion of new pt 12, div 4, sdiv 1 and sdiv 2, hdg Part 12, division 4— insert — ‘Subdivision 1 Fees relating to development under Planning Act ‘110O Fees relating to development under Planning Act ‘Subject to sections 110P and 110Q, schedule 9 states the fees payable— (a) for a resource allocation authority; or (b) for a fish movement exemption notice; or (c) to the chief executive in relation to the chief executive’s functions, under the PlanningAct, as assessment manager or a concurrence agency. ‘110P Working out relevant assessment fee ‘(1) The relevant assessment fee stated in schedule 9 for an assessment of an application is, for an application requiring— (a) a level 1 assessment—$390; or (b) a level 2 assessment—$1 200; or (c) a level 3 assessment—$2 300; or

s 28 16 s 28 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 (d) a level 4 assessment—$4 700; or (e) a level 5 assessment—$11 700. ‘(2) For subsection (1), an application requires a level 1, 2, 3, 4 or 5 assessment if the chief executive believes the application will require that level of assessment having regard to each of the following— (a) the number of hours, and number of persons, that will be involved in assessing the application; (b) the complexity of assessing the development or activity the subject of the application against the Act; (c) the number of site inspections that will be required for assessing the application; (d) whether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application. ‘(3) In this section— application includes a request. ‘110Q Applicable fee if application relates to more than 1 development ‘If a development application is for more than 1 development mentioned in schedule 9, the fee for the assessment of the application is the higher of the applicable fees stated in the schedule for the developments. Example — A development application is for both of the following— (a) a material change of use of premises for aquaculture for which the relevant assessment fee is the fee for a level 5 assessment; (b) operational work that is the removal, destruction or damage of marine plants for which the relevant assessment fee is the fee for a level 3 assessment. The fee payable for the assessment of a development application for only the development mentioned in paragraph (a) is $11 700. The fee payable for the assessment of a development application for only the development mentioned in paragraph (b) is $2 300.

s 29 17 s 30 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 Therefore, the fee payable for the assessment of a development application for both of the developments is $11 700 (being the higher of the fees payable for the developments). ‘Subdivision 2 Other fees’. 29 Amendment of s 112 (Other fees) (1) Section 112, heading, after ‘ fees ’— insert — ‘ payable under the Act ’. (2) Section 112(1), ‘and this regulation are’— omit, insert — ‘, other than fees mentioned in section 110O or 111, are stated’. 30 Insertion of new pt 12, div 5 Part 12— insert — ‘Division 5 Codes for IDAS ‘113A Purpose of div 5 ‘This division declares, under section 22(2) 5 of the Act, the codes for IDAS for fisheries development that is self-assessable development. ‘113B Codes for building work in declared fish habitat area ‘Each of the following documents, prepared and held by the chief executive, is a code for IDAS for self-assessable 5 Section 22 (Integrated development assessment system regulations and guidelines) of the Act

s 30 18 s 30 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 development mentioned in the PlanningAct, schedule 8, part 2, table 1, item 3— (a) the document called ‘Code for self-assessable development—Maintenance works on existing lawful structures (other than powerlines and on-farm drains) in a declared fish habitat area or involving the removal, destruction or damage of marine plants’; (b) the document called ‘Code for self-assessable development—Maintenance works on powerlines and associated powerline infrastructure in a declared fish habitat area or involving the removal, destruction or damage of marine plants’. ‘113C Code for material change of use of premises for aquaculture ‘The document called ‘Code for self-assessable development—Low impact aquaculture’, prepared and held by the chief executive, is a code for IDAS for self-assessable development mentioned in the PlanningAct, schedule 8, part 2, table 2, item 1. ‘113D Codes for operational work for constructing or raising a waterway barrier works ‘Each of the following documents, prepared and held by the chief executive, is a code for IDAS for self-assessable development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 2— (a) the document called ‘Code for self-assessable development—Minor waterway barrier works on low order inland waterways’; (b) the document called ‘Code for self-assessable development—Temporary waterway barrier works in freshwater’.

s 30 19 s 30 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘113E Codes for operational work completely or partly within a declared fish habitat area ‘Each of the following documents, prepared and held by the chief executive, is a code for IDAS for self-assessable development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 3— (a) the document called ‘Code for self-assessable development—Works for educational, research or monitoring purposes in a declared fish habitat area or involving the removal, destruction or damage of marine plants’; (b) the document called ‘Code for self-assessable development—Maintenance works on existing lawful structures (other than powerlines and on-farm drains) in a declared fish habitat area or involving the removal, destruction or damage of marine plants’; (c) the document called ‘Code for self-assessable development—Maintenance works on powerlines and associated powerline infrastructure in a declared fish habitat area or involving the removal, destruction or damage of marine plants’. ‘113F Codes for operational work that is the removal, destruction or damage of marine plants ‘Each of the following documents, prepared and held by the chief executive, is a code for IDAS for self-assessable development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 4— (a) the document called ‘Code for self-assessable development—Removal of dead marine wood from unallocated State land for trade or commerce’; (b) the document called ‘Code for self-assessable development—Works for educational, research or monitoring purposes in a declared fish habitat area or involving the removal, destruction or damage of marine plants’;

s 31 20 s 31 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 (c) the document called ‘Code for self-assessable development—On-farm drain maintenance works involving the removal, destruction or damage of marine plants’; (d) the document called ‘Code for self-assessable development—Maintenance works on existing lawful structures (other than powerlines and on-farm drains) in a declared fish habitat area or involving the removal, destruction or damage of marine plants’; (e) the document called ‘Code for self-assessable development—Maintenance works on powerlines and associated powerline infrastructure in a declared fish habitat area or involving the removal, destruction or damage of marine plants’. ‘113G Codes available for inspection ‘(1) A document mentioned in this division is— (a) available for inspection by the public during office hours on business days at the department’s head office; and (b) published on the department’s website. 6 ‘(2) Also, a person may obtain a copy of the document, free of charge, from the department’s head office.’. 31 Insertion of new sch 9 After schedule 8— insert — 6 At the commencement of this section— • the department’s head office was at 80 Ann Street, Brisbane • the department’s website was at < s 31 21 s 31 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘Schedule 9 Fees relating to development under Planning Act section 110O ‘Part 1 Resource allocation authorities $ 1 Assessment of application for resource allocation authority relating to— (a) prescribed declared fish habitat area development. . . . . . . . . . . . . . . . . . . . . . . . . . . relevant assessment fee (b) development mentioned in the PlanningAct, schedule 8, part 2, table 1, item 3(b) or (c) or table 4, item 3(b) or (c) . . . . . . . . . . . . . . . . . . 390 (c) prescribed aquaculture development . . . . . . . . relevant assessment fee (d) development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 4(a) . . . . . . . . 390 (e) development mentioned in the PlanningAct, schedule 8, part 2, table 4, item 4(c) . . . . . . . . 390 2 Assessment of application for renewal of resource allocation authority . . . . . . . . . . . . . . . . . . . . . . . . . 390

s 31 22 s 31 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘Part 2 Fish movement exemption notices $ 1 Assessment of application for fish movement exemption notice. . . . . . . . . . . . . . . . . . . . . . . . . . . relevant assessment fee 2 Assessment of application for renewal of fish movement exemption notice . . . . . . . . . . . . . . . . . . 390 ‘Part 3 Assessment of development application $ 1 Assessment of development application for— (a) development mentioned in the PlanningAct, schedule 8, part 1, table 1, item 2 or table 4, item 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . relevant assessment fee (b) for development mentioned in the PlanningAct, schedule 8, part 1, table 2, item 5 . . . . . . relevant assessment fee (c) development mentioned in the PlanningAct, schedule 8, part 1, table 4, item 6 . . . . . . . . . . relevant assessment fee (d) development mentioned in the PlanningAct, schedule 8, part 1, table 4, item 8 . . . . . . . . . . relevant assessment fee

s 32 23 s 32 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘Part 4 Other fees relating to development applications $ 1 Assessment of request to extend currency period under the Planning Act, section 3.5.22 1 . . . . . . . . . 390 2 Assessment of request to change a development approval 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . relevant assessment fee 3 For administering, as assessment manager, the application and notification stages of IDAS for a development application, other than assessing the application— (a) if there is no referral agency or only 1 referral agency for the application . . . . . . . . . . . . . . . 1 200 (b) if there are 2 or more referral agencies for the application . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 300’. 1 Planning Act, section 3.5.22 (Request to extend currency period) 2 See the PlanningAct, section 3.5.24 (Request to change development approval (other than a change of a condition)) and 3.5.33 (Request to change or cancel conditions). 32 Amendment of sch 10 (Fees) (1) Schedule 10, heading, ‘ Fees ’— omit, insert — ‘ Other fees ’. (2) Schedule 10, items 1 to 3 and heading for items 1 to 3, items 13 to 17 and headings for items 13 to 17, items 31 and 32 and headings for items 31 and 32— omit. (3) Schedule 10, items 4 to 33— renumber as items 1 to 23.

s 33 24 s 33 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 33 Amendment of sch 15 (Other fisheries (commercial)) (1) Schedule 15— insert — ‘Part 5A Juvenile eel fishery ‘37 Fishery symbol ‘The fishery symbol is ‘JE’. ‘38 Fishery area ‘The fishery area comprises Queensland waters. ‘39 What fish may be taken ‘Only a juvenile eel of the genus Anguilla may be taken. ‘40 Permitted ways of taking juvenile eels ‘Juvenile eels may only be taken in the way stated on the authority. ‘41 General conditions of taking juvenile eels ‘(1) Juvenile eels may only be taken— (a) by the authority holder or a person nominated by the authority holder (a nominee ); and (b) in the area stated on the authority. 7 ‘(2) The authority holder must give the chief executive written notice of each nominee. ‘(3) Also, if the authority states the number of persons that may take juvenile eels under the authority, no more than the stated 7 See section 88 (Holder of authority to have it available for immediate inspection etc.) of the Act for the obligations of authority holders and other persons in relation to doing anything under the authority.

s 33 25 s 33 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 number of persons may take juvenile eels under the authority at the same time. ‘42 Selling juvenile eels ‘The authority holder may sell juvenile eels taken under the authority. ‘Part 5B Oyster fishery ‘42A Fishery symbol ‘The fishery symbol is ‘O’. ‘42B Fishery area ‘The fishery area comprises all foreshores between low water and high water. ‘42C What fish may be taken ‘Only the following oysters may be taken— (a) blacklip oysters; (b) milky oysters. ‘42D Permitted ways of taking oysters ‘Oysters may only be taken in the way stated on the authority. ‘42E General conditions of taking oysters ‘(1) Oysters may only be taken— (a) by the authority holder or a person nominated by the authority holder (a nominee ); and (b) in the area stated on the authority.

s 34 26 s 35 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 ‘(2) The authority holder must give the chief executive written notice of each nominee. ‘(3) Also, if the authority states the number of persons that may take oysters under the authority, no more than the stated number of persons may take oysters under the authority at the same time. ‘42F Selling oysters ‘The authority holder may sell oysters taken under the authority.’. (2) Schedule 15, section 47, from ‘an aquaculture’— omit, insert — ‘a person acting under a development approval for prescribed aquaculture development.’. 34 Amendment of sch 16 (Glossary of scientific names used for fish other than coral reef fin fish) Schedule 16— insert — ‘blacklip oyster milky oyster Striostrea mytiloides Saccostrea cucullata’. 35 Amendment of sch 17 (Definitions) Schedule 17, part 2— insert — ‘ IDAS means the system detailed in the PlanningAct, chapter 3, for integrating State and local government assessment and approval processes for development. juvenile eel means an elver or a glass eel. 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.

s 35 27 s 35 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 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. prescribed declared fish habitat area development purpose , for a declared fish habitat area, means each of the following— (a) restoring the fish habitat or natural processes in the area; (b) managing fisheries resources or fish habitat in the area; (c) education or research; (d) public health or safety; (e) providing public infrastructure to facilitate fishing; Examples of public infrastructure — a boat ramp or jetty for public use (f) providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the works or activity, to its condition before the performance of the works or activity; (g) constructing a temporary structure; (h) for a part of the declared fish habitat area that is a management B area— (i) constructing a permanent structure on tidal land or within the area; or (ii) depositing material for beach replenishment. referral agency see the Planning Act, schedule 10. relevant assessment fee , for schedule 9, see section 110P. structure includes a bridge, boat ramp, bund, jetty, mooring, power pole, silt curtain and storm water outlet.’.

s 36 28 s 37 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 Part 3 Amendment of Integrated Planning Regulation 1998 36 Regulation amended in pt 3 This part amends the Integrated Planning Regulation 1998. 37 Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for development under the Act, schedule 8) (1) Schedule 1, part 3, table 1— insert — ‘ Declared fish habitat area ‘2 Building work in a declared fish habitat The relevant provisions of the Fisheries area— Act 1994. ’. (a) made assessable under the Act, schedule 8, part 1, table 1, item 2; and (b) for which the chief executive (fisheries) is the assessment manager. (2) Schedule 1, part 3, table 2— insert — ‘ Certain aquaculture ‘6 Aquaculture— (a) made assessable under the Act, schedule 8, part 1, table 2, item 5; and The relevant provisions of the FisheriesAct 1994. ’. (b) for which the chief executive (fisheries) is the assessment manager. (3) Schedule 1, part 3, table 4—

s 37 29 s 37 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 insert — ‘ Waterway barrier works ‘6 Constructing or raising waterway barrier The relevant provisions of the Fisheries works— Act 1994. (a) made assessable under the Act, schedule 8, part 1, table 4, item 6; and (b) for which the chief executive (fisheries) is the assessment manager. Works in a declared fish habitat area 7 Completely or partly within a declared fish habitat area— The relevant provisions of the FisheriesAct 1994. (a) made assessable under the Act, schedule 8, part 1, table 4, item 7; and (b) for which the chief executive (fisheries) is the assessment manager. Removal, destruction or damage of marine plants 8 The removal, destruction or damage of a The relevant provisions of the Fisheries marine plant— Act 1994. ’. (a) made assessable under the Act, schedule 8, part 1, table 4, item 8; and (b) for which the chief executive (fisheries) is the assessment manager. (4) Schedule 1, part 4, table 1— insert— ‘Declared fish habitat area ‘3 Building work made self-assessable The IDAS codes mentioned in the under the Act, schedule 8, part 2, table 1, Fisheries Regulation 1995 , item 3. section 113B.’. (5) Schedule 1, part 4, table 2, item 1—

s 38 30 s 38 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 omit, insert— ‘Certain aquaculture ‘1 Aquaculture made self-assessable under the Act, schedule 8, part 2, table 2, item 1. The IDAS codes mentioned in the Fisheries Regulation 1995 , section 113C.’. (6) Schedule 1, part 4, table 4— insert— ‘Waterway barrier works ‘2 Constructing or raising waterway barrier The IDAS codes mentioned in the works made self-assessable under the Fisheries Regulation 1995 , Act, schedule 8, part 2, table 4, item 2. section 113D. Works in a declared fish habitat area 3 Completely or partly within a declared fish habitat area made self-assessable under the Act, schedule 8, part 2, table 4, item 3. The IDAS codes mentioned in the Fisheries Regulation 1995 , section 113E. Removal, destruction or damage of marine plants 4 The removal, destruction or damage of marine plants made self-assessable under the Act, schedule 8, part 2, table 4, item 4. The IDAS codes mentioned in the Fisheries Regulation 1995 , section 113F.’. 38 Amendment of sch 2 (Referral agencies and their jurisdiction) Schedule 2, table 2— insert — ‘Works or other development in or near a fish habitat area ‘24 Building work in a declared fish habitat area— (a) made assessable under the Act, schedule 8, part 1, table 1, item 2; and Chief executive (fisheries)—as an concurrence agency. The purposes of the Fisheries Act 1994. (b) for which the chief executive (fisheries) is not the assessment manager.

s 38 31 s 38 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 25 Operational work completely or partly within a declared fish habitat area— (a) made assessable under the Act, schedule 8, part 1, table 4, item 7; and Chief executive (fisheries)—as a concurrence agency. The purposes of the Fisheries Act 1994. (b) for which the chief executive (fisheries) is not the assessment manager. 26 Development on land that adjoins a declared fish habitat area— (a) made assessable under the Act, schedule 8, part 1; and Chief executive (fisheries)—as an advice agency. The purposes of the Fisheries Act 1994. (b) for which the chief executive (fisheries) is not the assessment manager. Certain aquaculture 27 A material change of use of premises for aquaculture— (a) made assessable under the Act, schedule 8, part 1, table 2, item 5; and Chief executive (fisheries)—as a concurrence agency. The purposes of the Fisheries Act 1994. (b) for which the chief executive (fisheries) is not the assessment manager. Constructing or raising waterway barrier works 28 Operational work that is the constructing or raising of a waterway barrier works— (a) made assessable under the Act, schedule 8, part 1, table 4, item 6; and Chief executive (fisheries)—as a concurrence agency. The purposes of the Fisheries Act 1994. (b) for which the chief executive (fisheries) is not the assessment manager. Removal, destruction or damage of marine plants 29 Operational work that is the removal, destruction or damage of marine plants— (a) made assessable under the Act, schedule 8, part 1, table 4, item 8; and Chief executive (fisheries)—as a concurrence agency. The purposes of the Fisheries Act 1994. ’. (b) for which the chief executive (fisheries) is not the assessment manager.

s 39 32 s 40 Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 No. 305, 2004 Part 4 Amendment of State Penalties Enforcement Regulation 2000 39 Regulation amended in pt 4 This part amends the State Penalties Enforcement Regulation2000 . 40 Amendment of sch 5 (Other legislation) Schedule 5, entry for Fisheries Regulation 1995, entries for s 87(1) and 87(2) — omit, insert— ‘s 87(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3’. ENDNOTES 1 Made by the Governor in Council on 16 December 2004. 2 Notified in the gazette on 17 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004