Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 81 Fisheries Act 1994 FISHERIES (EAST COAST TRAWL) AMENDMENT MANAGEMENT PLAN (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Management plan amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Amendment of s 3 (The fishery—sch 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of s 11 (Annual southern closures—sch 3, pt 1, div 1). . . . . . . 5 6 Amendment of s 12 (Annual northern closures—sch 3, pt 1, div 2). . . . . . . 6 7 Insertion of new ss 12A and 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12A Sit-out notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12B Sit-out applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 16 (Other specific closures—sch 3, pt 3). . . . . . . . . . . . . . 7 9 Amendment of s 28 (Saucer scallops—regulated by area and time). . . . . . . 8 10 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 29A Saucer scallops in scallop replenishment closure . . . . . . . . . . . . . . . 8 11 Amendment of ss 32 and 83, sch 1, s 8 and sch 2, s 11 . . . . . . . . . . . . . . . . 8 12 Insertion of new ch 3, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 4A—COMMUNICATION CONDITIONS 57A Purpose and application of pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 57B Obligation to nominate communication mode for boat . . . . . . . . . . . 9 57C Obligation to ensure communication with person in control. . . . . . . 9

2 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 13 Amendment of s 59 (Obligation to install and register VMS equipment). . . 10 14 Amendment of s 64 (When person is taken to be aware of malfunction) . . . 10 15 Amendment of s 67 (Further obligations for malfunction in major scallop area) 10 16 Amendment of s 68 (Further obligations for malfunction outside major scallop area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Amendment of s 73 (Simplified outline of pt 6) . . . . . . . . . . . . . . . . . . . . . . 11 18 Amendment of s 80 (Deciding recorded fishing days) . . . . . . . . . . . . . . . . . 12 19 Insertion of new ch 3, pt 6, div 3, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Subdivision 3—Provisions for giving effect to appeal decisions 81A Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 81B Effect of new recorded fishing days decision . . . . . . . . . . . . . . . . . . 13 81C Adjustment to allocation decision formula . . . . . . . . . . . . . . . . . . . . 13 20 Amendment of ss 83, 86 and 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Amendment of s 85 (Deciding application) . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Omission of s 87 (Restrictions on number of supplementary days) . . . . . . . 14 23 Amendment of s 89 (Steps after making decision) . . . . . . . . . . . . . . . . . . . . 14 24 Insertion of new s 89A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 89A Restriction on granting application by small operator. . . . . . . . . . . . 14 25 Amendment of s 91 (Working out supplementary days). . . . . . . . . . . . . . . . 14 26 Amendment of s 92 (Effort unit formula) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Amendment of s 93 (Working out supplementary days). . . . . . . . . . . . . . . . 15 28 Replacement of ch 3, pt 6, div 5, hdg (Additional effort units for residual fishing days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 29 Replacement of s 94 (Decision to issue) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 94 Decision to issue for ‘T2’ licences. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Amendment of s 95 (Effort unit formula) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 31 Insertion of new ch 3, pt 6, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 5A—Limit on effort units 96A Application of div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 96B Automatic rateable effort unit cancellations . . . . . . . . . . . . . . . . . . . 18 96C Notice and taking of effect of cancellation . . . . . . . . . . . . . . . . . . . . 18 32 Amendment of s 97 (Meaning of “entitlement” of effort unit holder) . . . . . 19

3 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 33 Amendment of s 98 (When effort unit entitlement is “used” for an effort year) 19 34 Amendment of s 101 (Effort unit certificates). . . . . . . . . . . . . . . . . . . . . . . . 19 35 Replacement of s 102 (General provision for when day is used) . . . . . . . . . 20 102 VMS detection or manual reporting . . . . . . . . . . . . . . . . . . . . . . . . . 20 102A Absence of VMS detection or reporting . . . . . . . . . . . . . . . . . . . . . . 20 36 Amendment of s 103 (Exception—movement only at travelling speed) . . . 21 37 Amendment of s 105 (Exception—moving boat without fishing) . . . . . . . . 21 38 Amendment of s 106 (Exception—fishing exclusively under fishery symbol for another fishery) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Amendment of s 108 (Notices to chief executive under sdiv 1) . . . . . . . . . . 22 40 Omission of ch 3, pt 6, div 7, sdivs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . 22 41 Amendment of s 114 (Transferee must hold licence of same type) . . . . . . . 22 42 Replacement of s 115 (Transferor’s and transferee’s effort unit certificates must be amended) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 115 Application for effort unit certificate changes required . . . . . . . . . . . 23 43 Amendment of s 117 (Effort unit surrender requirement if licence transferred) 23 44 Amendment of s 130 (Condition for ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licences) . . . 23 45 Amendment of s 132 (Restrictions for ‘M1’, ‘T1’ or ‘T2’ licences). . . . . . . 24 46 Amendment of s 227 (Fishing effort review) . . . . . . . . . . . . . . . . . . . . . . . . 24 47 Insertion of new s 227A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 227A Ecological sustainability action for reef world heritage area. . . . . . . 24 48 Amendment of s 234 (Interfering with approved VMS seals) . . . . . . . . . . . 25 49 Amendment of s 235 (Serious fisheries offences). . . . . . . . . . . . . . . . . . . . . 25 50 Amendment of s 236 (Purpose and application of div 3) . . . . . . . . . . . . . . . 26 51 Replacement of ss 237 and 238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 237 Criteria for suspending commercial fisher licence . . . . . . . . . . . . . . 26 238 Criteria for suspending commercial fishing boat licence. . . . . . . . . . 27 238A Criteria for suspending effort units . . . . . . . . . . . . . . . . . . . . . . . . . . 27 52 Insertion of new s 239A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 239A ‘M1’ fishery symbol for certain ‘T1’ licences . . . . . . . . . . . . . . . . . . 28 53 Amendment of s 241 (Existing boat replacement approvals) . . . . . . . . . . . . 28 54 Replacement of s 242 (‘M1’ fishery symbol applies to ‘T1’ licences until 1 April 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

4 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 242 Replacement of certain damaged or sunken boats. . . . . . . . . . . . . . . 29 243 Licence transfer applications made before s 117 commenced . . . . . 29 244 Exclusion of s 117 for certain licence . . . . . . . . . . . . . . . . . . . . . . . . 30 55 Amendment of sch 2 (How the objectives are to be achieved) . . . . . . . . . . . 30 56 Amendment of sch 3 (Specific closed waters) . . . . . . . . . . . . . . . . . . . . . . . 30 57 Amendment of sch 5 (Effort unit conversion factor for boats) . . . . . . . . . . . 31 58 Amendment of sch 7 (Aids to interpretation and definitions) . . . . . . . . . . . . 31

s1 5 s5 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 1 Short title This management plan may be cited as the Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2001. 2 Commencement (1) Sections 26 and 27 are taken to have commenced on 21 December 2000. (2) Section 12 commences on 1 August 2001. (3) The remaining provisions of this management plan commence on the day it is notified in the gazette. 3 Management plan amended This management plan amends the Fisheries (East Coast Trawl) Management Plan 1999. 4 Amendment of s 3 (The fishery—sch 1) Section 3(2)(a), after ‘trawl nets’— insert— ‘( “trawling” )’. 5 Amendment of s 11 (Annual southern closures—sch 3, pt 1, div 1) (1) Section 11(3)(b)— omit, insert — ‘(b) the boat was not used for trawling during the preceding first closure period and the chief executive has— (i) received notice under section 12A that the boat would not be used for trawling during the period; or (ii) granted an application under section 12B relating to the period.’. (2) Section 11(4) to (6)— omit.

s6 6 s7 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 6 Amendment of s 12 (Annual northern closures—sch 3, pt 1, div 2) (1) Section 12(3)(b)— omit, insert — ‘(b) the boat was not used for trawling during the preceding first closure period and the chief executive has— (i) received notice under section 12A that the boat would not be used for trawling during the period; or (ii) granted an application under section 12B relating to the period.’. (2) Section 12(4) to (6)— omit. 7 Insertion of new ss 12A and 12B After section 12— insert— ‘12A Sit-out notices ‘ (1) Notice mentioned in section 11(3)(b)(i) or 12(3)(b)(i) ( “sit-out notice” ) may be given only— (a) by or for the holder of the relevant licence; and (b) before the start of the day on which the relevant first closure period starts. ‘ (2) The holder may, by notice to the chief executive ( “withdrawal notice” ), withdraw the sit-out notice. ‘ (3) A sit-out or withdrawal notice may be given by telephone to a telecommunications service provider for the chief executive appointed by gazette notice. ‘ (4) However, the withdrawal does not take effect until the withdrawal notice is received by the chief executive. ‘12B Sit-out applications ‘ (1) The holder of an ‘M1’, ‘T1’, ‘T2’ or ‘T3’ licence may apply for a decision by the chief executive that the boat identified in the licence was

s8 7 s8 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 not, or was not up to the time the decision is made, used for trawling during a stated first closure period under section 11 or 12. ‘ (2) The application must be in writing and supported by enough information to enable the chief executive to decide the application. ‘ (3) The chief executive may, by notice, require the applicant to give the chief executive a stated document or information that is relevant to the application. ‘ (4) The chief executive must consider and either grant or refuse the application promptly after the last of the following events to happen— (a) the making of the application; (b) the chief executive’s receipt of all necessary information to decide the application; (c) if, under subsection (3), the chief executive has required the applicant to give a document or information—the giving of the required document or information. ‘ (5) The chief executive may grant the application only if the chief executive is reasonably satisfied the boat was not, before the deciding of the application, used for trawling during the first closure period. ‘ (6) Evidence under chapter 3, part 6, division 7 that the boat was used on a fishing or steaming day during the first closure period is evidence that the boat was used for trawling during the period. ‘ (7) The chief executive must, as soon as practicable after making the decision, give the applicant— (a) if the decision is to grant the application—notice of the decision; or (b) if the decision is to refuse the application—an information notice about the decision.’. 8 Amendment of s 16 (Other specific closures—sch 3, pt 3) Section 16(3), after ‘waters.’— insert — ‘unless otherwise stated in schedule 3, part 3.’.

s 9 8 s 12 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 9 Amendment of s 28 (Saucer scallops—regulated by area and time) Section 28(2) and (3), after ‘saucer scallops’— insert — ‘in the waters’. 10 Insertion of new s 29A Chapter 2, part 2, division 2, subdivision 2— insert— ‘29A Saucer scallops in scallop replenishment closure ‘ (1) A saucer scallop is a regulated fish if it is in closed waters under section 14 and schedule 3, part 2. ‘ (2) Possessing the saucer scallop in the waters is prohibited.’. 11 Amendment of ss 32 and 83, sch 1, s 8 and sch 2, s 11 Sections 32(1) and 83(d) and schedule 1, section 8 and schedule 2, section 11, ‘the use of trawl nets’— omit, insert — ‘trawling’. 12 Insertion of new ch 3, pt 4A Chapter 3— insert— ‘PART 4A—COMMUNICATION CONDITIONS ‘57A Purpose and application of pt 4A ‘This part prescribes additional conditions to which an ‘M1’, ‘M2’, ‘T1’, ‘T2’ or ‘T3’ licence is subject.

s 12 9 s 12 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘57B Obligation to nominate communication mode for boat ‘ (1) The holder of the licence must, by notice to the chief executive, nominate a mode by which the chief executive or an inspector may communicate with the person in control of the boat identified in the licence whenever the person is on the boat. ‘ (2) The mode— (a) can not be by the use of VMS equipment; and (b) must be able to be received on the boat instantaneously after the communication is sent by the chief executive or inspector. Examples of ways that may be nominated — • A radio on the boat, tuned to a stated radio frequency. • The number for a facsimile, mobile phone, radiophone or satellite phone on the boat. ‘ (3) More than 1 mode may be nominated. ‘ (4) The nomination may be changed by notice to the chief executive. ‘57C Obligation to ensure communication with person in control ‘The holder of the licence and the person in control of the boat identified in the licence must take all reasonable steps to ensure the chief executive or an inspector is, whenever the person is on the boat, able to communicate with the person by using a nominated communication mode for the boat. Example of ‘all reasonable steps’ for section — The only nominated communication mode for the boat is a radio on the boat, at a stated radio frequency. The holder and the person in control must, when the person is on the boat, ensure the radio is— (a) on the boat; and (b) in working condition; and (c) connected to an appropriate power source and turned on; and (d) tuned to the stated frequency; and (e) set at a volume that allows the person in control to receive communications from the chief executive or an inspector .’.

s 13 10 s 15 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 13 Amendment of s 59 (Obligation to install and register VMS equipment) Section 59(3)— omit . 14 Amendment of s 64 (When person is taken to be aware of malfunction) (1) Section 64(1), after ‘chief executive’— insert — ‘or an inspector’. (2) Section 64(2)— omit, insert — ‘ (2) The notice may be given— (a) orally in person; or (b) by a nominated communication mode for the boat.’. 15 Amendment of s 67 (Further obligations for malfunction in major scallop area) (1) Section 67(1), fifth dot point— omit, insert — ‘• to latitude 25º18' south, longitude 152º43.20' east’. (2) Section 67(3)— omit, insert — ‘ (3) If the person in control starts to comply with the VMS maintenance and use obligations for the boat, the obligations under subsection (2)— (a) continue to apply; but (b) cease to apply if the chief executive or an inspector gives the person notice that the obligations need not be complied with. ‘ (4) Notice under subsection (3)(b) may be given— (a) orally in person; or

s 16 11 s 17 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 (b) by a nominated communication mode for the boat. ‘ (5) If the boat travels to a port, the person in control must not cause or allow the boat to be used for fishing unless an approved person gives the chief executive or an inspector notice that VMS equipment installed on the boat is in a condition that allows it to perform the functions of VMS equipment.’. 16 Amendment of s 68 (Further obligations for malfunction outside major scallop area) (1) Section 68(4)— omit, insert— ‘ (4) If the person in control starts to comply with the VMS maintenance and use obligations for the boat, the obligations under subsections (2) and (3)— (a) cease to apply; but (b) resume if the chief executive or an inspector gives the person notice that the obligations must be complied with. ‘ (5) Notice under subsection (4)(b) may be given— (a) orally in person; or (b) by a nominated communication mode for the boat. ‘ (6) If the boat travels to a port, the person in control must not cause or allow the boat to be used for fishing unless an approved person gives the chief executive or an inspector notice that VMS equipment installed on the boat is in a condition that allows it to perform the functions of VMS equipment.’. 17 Amendment of s 73 (Simplified outline of pt 6) (1) Section 73(2)(b), ‘1 July 2001’— omit, insert— ‘1 August 2001’. (2) Section 73(3), from ‘, consisting of’ to ‘2 059’— omit .

s 18 12 s 19 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 (3) Section 73(4), ‘for the symbol’— omit . 18 Amendment of s 80 (Deciding recorded fishing days) Section 80(1)(a)(ii)— omit, insert — ‘(ii) a boat identified in a former licence for the eligible licence;’. 19 Insertion of new ch 3, pt 6, div 3, sdiv 3 Chapter 3, part 6, division 3— insert — ‘Subdivision 3—Provisions for giving effect to appeal decisions ‘81A Application of sdiv 3 ‘This subdivision applies if the following events happen— (a) an eligible licence holder appeals to the tribunal against the allocation decision for the licence; (b) recorded fishing days for 1 or more years used to make the allocation decision are, or must be, changed because the tribunal decides to set aside that decision and— (i) substitute another decision; or (ii) return the matter to the chief executive with directions; (c) the substituted decision, or a decision by the chief executive made under the directions, (the “new recorded fishing days decision” ) will require the reapplication of the formula under section 81 (the “allocation decision formula” ) to remake the allocation decision; (d) the total fishing days for all eligible licences are less than 102 929.

s 20 13 s 20 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘81B Effect of new recorded fishing days decision ‘Subject to any decision or direction by the tribunal, the making of the new recorded fishing days decision does not— (a) require the reapplication of the allocation decision formula for an eligible licence holder other than the appellant; or (b) invalidate or otherwise affect effort units issued to another eligible licence holder. ‘81C Adjustment to allocation decision formula ‘ (1) The chief executive may, instead of reapplying section 81, remake the allocation decision by reapplying the allocation decision formula using— (a) the same denominators that were used for the allocation decision appealed against; and (b) the numerators used for the decision, as changed by the new recorded fishing days decision. ‘ (2) If, under subsection (1), the chief executive remakes the decision, the chief executive must— (a) work out whether any further effort units must be issued to the appellant by applying the effort unit formula under section 78, using the allocated days worked out by reapplying the allocation decision formula under subsection (1); and (b) issue the further effort units; and (c) take steps to amend the relevant effort unit certificate to include the further effort units and the fishing days for which they were issued.’. 20 Amendment of ss 83, 86 and 228 Sections 83(c)(i), 86(4)(c)(ii) and 228(a), ‘fishing by the use of trawl nets’— omit, insert — ‘trawling’.

s 21 14 s 25 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 21 Amendment of s 85 (Deciding application) (1) Section 85, ‘87 and 88’— omit, insert— ‘88 and 89A’. (2) Section 85, ‘1 July 2001’— omit, insert— ‘1 August 2001’. 22 Omission of s 87 (Restrictions on number of supplementary days) Section 87— omit . 23 Amendment of s 89 (Steps after making decision) Section 89(1), after ‘the effort units’— insert— ‘and the fishing days for which they were issued’. 24 Insertion of new s 89A Chapter 6, part 6, division 4, subdivision 3— insert— ‘89A Restriction on granting application by small operator ‘The chief executive must refuse an effort unit application if— (a) the chief executive is satisfied the applicant is a small operator; and (b) the total of supplementary days already worked out for small operators exceeds 5 000.’. 25 Amendment of s 91 (Working out supplementary days) (1) Section 91—

s 26 15 s 27 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 insert— ‘ (2A) If the total of the supplementary days worked out by applying the formula and all other supplementary days already out worked under this section for small operators would, other than this subsection, exceed 5 000, the number of supplementary days for the eligible licence is the difference between 5000 and the other supplementary days.’. (2) Section 91(2A) and (3)— renumber as section 91(3) and (4). 26 Amendment of s 92 (Effort unit formula) (1) Section 92(2), ‘ (SD – AD) ’— omit, insert — ‘ SD ’. (2) Section 92(2), definition “AD”— omit . 27 Amendment of s 93 (Working out supplementary days) (1) Section 93(2) and (3)— omit, insert — ‘ (2) For a ‘T1’ licence, the formula is— SD=  - ( -- Σ ----- H- -- ( -- D- H- --- 1 D- -- + -- 1 --- Σ - + ----- HH- --- DD- ---- 22 ---- + + ----- Σ H- --- D- H- --- 3 - D- -- + - 3 --- H- + ---- D- Σ ---- 4 - H- ) -- / -- D 4 ----- 4 -- ) -- / -- 4 - × 94 080  – AD ‘ (3) For a ‘T2’ licence, the formula is— SD=  - ( -- Σ ----- H- -- ( -- D- H- --- 1 D- -- + -- 1 --- Σ - + ----- HH- --- DD- ---- 22 ---- + + ----- H Σ ---- D- H- --- 3 - D- -- + - 3 --- H- + ---- D- Σ ---- 4 - H- ) -- / -- D 4 ----- 4 -- ) -- / -- 4 - × 1 920  – AD (2) Section 93(4)— insert— ‘ “AD” means the number of allocated days for the eligible licence.’.

s 28 16 s 29 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 28 Replacement of ch 3, pt 6, div 5, hdg (Additional effort units for residual fishing days) Chapter 3, part 6, division 5, heading— omit, insert— ‘Division 5—Additional effort units’. 29 Replacement of s 94 (Decision to issue) Section 94— omit, insert — ‘94 Decision to issue for ‘T2’ licences ‘ (1) This section applies if the total allocated and supplementary days for all eligible licences is less than 102 929. ‘ (2) Subject to division 5A, the chief executive must, on or before 24 August 2001, issue additional effort units to each holder of a ‘T2’ licence who has not been issued effort units under division 4, subdivision 3. ‘ (3) The number of additional effort units that must be issued to each holder is worked out by applying the following formula— AEU = ((AD + SD) × 0.330729167) × EUCF where— “AEU” means the number of additional effort units worked out by applying the formula. “AD” means the number of allocated days for the licence. “SD” means the number of supplementary days for the licence. “EUCF” means the effort unit conversion factor for— (a) the boat identified in the licence; or (b) if no boat is identified in the licence—the boat last identified in the licence. ‘ (4) If after applying the formula, the number of effort units to be issued is not a whole number, the number of effort units that must be issued is the nearest whole number, rounded up.’.

s 30 17 s 31 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 30 Amendment of s 95 (Effort unit formula) (1) Section 95(1), words before formula— omit, insert — ‘95 Decision to issue additional effort units for all eligible licences ‘ (1) This section applies if, after all additional effort units have been issued under section 94, the total fishing days for all effort units is still less than 102 929. ‘ (2) The chief executive may issue further additional effort units to each eligible licence holder. ‘ (3) However, the chief executive must not issue the additional units before— (a) the end of the period to appeal against all decisions about effort unit applications ( “effort unit appeals” ); and (b) all effort unit appeals are ended or finally decided; and (c) if, in deciding an effort unit appeal, the tribunal gave the chief executive directions—the directions have been complied with. ‘ (4) The number of effort units that must be issued is worked out by applying the following formula—’. (2) Section 95(1), definitions “RD” and “TEL” — omit, insert — ‘ “RD” means 102 929, less the total number of fishing days for all effort units when each of the effort units were issued. “TEL” means the total number of eligible licences.’. (3) Section 95(2)— renumber as section 95(5). 31 Insertion of new ch 3, pt 6, div 5A After section 96— insert —

s 31 18 s 31 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘Division 5A—Limit on effort units ‘96A Application of div 5A ‘This division applies if— (a) after all effort unit applications have been decided, the total allocated and supplementary days for all eligible licences, would, other than for this division, be more than 102 929; or (b) additional effort units must be issued under section 94(2) and, because of the additional effort unit issue, the fishing days for all effort units when each of the effort units were issued, other than for this division, be more than 102 929. ‘96B Automatic rateable effort unit cancellations ‘ (1) The number of effort units for each eligible licence is, by cancellation, reduced by applying the following formula— REU = EU × ( EFD ⁄ TFD ) where— “REU” means the number of effort units for the licence by which the total number of effort units for the licence must be reduced, worked out by applying the formula. “EU” means the existing number of effort units for the eligible licence. “EFD” means the number of fishing days that, other than for this section, would have exceeded 102 929. “TFD” means the total number of fishing days for all effort units. ‘ (2) If after applying the formula, the number of effort units to be cancelled for the licence is not a whole number, the number of effort units that must be cancelled is the nearest whole number, rounded up. ‘96C Notice and taking of effect of cancellation ‘ (1) The chief executive must, as soon as practicable after the cancellation of effort units and reduction of fishing days under section 96B, give each eligible licence holder a replacement effort unit certificate that reflects the cancellation and reduction.

s 32 19 s 34 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘ (2) The cancellation for the holder takes effect when the holder is given the replacement effort unit certificate.’. 32 Amendment of s 97 (Meaning of “entitlement” of effort unit holder) Section 97(1)— omit, insert — ‘ (1) The effort units held by a person authorise the holder, in an effort year to use the boat identified in the holder’s effort unit certificate for the year for the number of whole fishing days for the units— (a) if the units relate to a ‘T1’ licence— (i) generally—the ‘T1’ and ‘T3’ area; and (ii) if the licence also has an ‘M1’ fishery symbol written on it—the ‘M1’ and ‘M2’ area; or (b) if the units relate to a ‘T2’ licence—the ‘T2’ area.’. 33 Amendment of s 98 (When effort unit entitlement is “used” for an effort year) (1) Section 98(1)(a)(i)— omit, insert— ‘(i) the number of whole fishing days for the units; and’. (2) Section 98(2), after ‘number of’— insert — ‘whole’. (3) Section 98(3)— omit . 34 Amendment of s 101 (Effort unit certificates) Section 101(2)(e) after ‘number of’—

s 35 20 s 35 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 insert — ‘whole’. 35 Replacement of s 102 (General provision for when day is used) Section 102— omit, insert— ‘102 VMS detection or manual reporting ‘ (1) This section applies if the boat identified in an effort unit certificate is detected by VMS or manually reported at any time during a day (the “relevant day” ) within the area stated in section 97(1) 1 for the effort units. ‘ (2) The detection or manual report is evidence that the holder of the units has used the boat for a whole fishing or steaming day for the units. ‘ (3) However, subsection (2) does not apply if— (a) an exception for this section stated in subdivision 2 applies for the relevant day; or (b) the holder satisfies the chief executive the boat was not used on the relevant day. ‘102A Absence of VMS detection or reporting ‘ (1) This section applies if at any time during a day (the “relevant time” )— (a) the VMS maintenance and use obligations applied to a person in control of a boat identified in a ‘T1’ or ‘T2’ licence; and (b) the boat is not detected by VMS anywhere; and (c) at that time the manual reporting obligation— (i) applied to the person in control of the boat; and (ii) was not being complied with for the boat. ‘ (2) The absence of the detection is evidence that the boat was used for a whole fishing or steaming day in the area stated in section 97(1) for the effort units for the licence. 1 Section 97 (Meaning of “entitlement” of effort unit holder)

s 36 21 s 38 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘ (3) However, subsection (2) does not apply if the holder of the effort units satisfies the chief executive that the boat was not being used at the relevant time. ‘Subdivision 2—Exceptions’. 36 Amendment of s 103 (Exception—movement only at travelling speed) Section 103(2), ‘subsection (2)(b)’— omit, insert— ‘subsection (1)(b)’. 37 Amendment of s 105 (Exception—moving boat without fishing) Section 105— insert— ‘ (4) The holder or person in control may, during the journey, by notice to the chief executive ( “amendment notice” ), amend a detail given under subsection (2)(b)(iii), (iv) or (v). ‘ (5) From the giving of the amendment notice, the condition mentioned in subsection (2)(d) is complied with if the rest of the journey complies, or substantially complies with, the notice given under subsection (2)(b), as amended under the amendment notice.’. 38 Amendment of s 106 (Exception—fishing exclusively under fishery symbol for another fishery) Section 106— insert— ‘ (3) The holder or person in control may, during the fishing trip, by notice to the chief executive ( “amendment notice” ), amend a detail given under subsection (2)(b)(iii) to (vi). ‘ (4) From the giving of the amendment notice, the condition mentioned in subsection (2)(c) is complied with if the rest of the fishing trip complies,

s 39 22 s 42 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.’. 39 Amendment of s 108 (Notices to chief executive under sdiv 1) Section 108, heading, ‘ sdiv 1 ’— omit, insert— ‘ sdiv 2 ’. 40 Omission of ch 3, pt 6, div 7, sdivs 2 and 3 Chapter 3, part 6, division 7, subdivisions 2 and 3— omit. 41 Amendment of s 114 (Transferee must hold licence of same type) (1) Section 114, heading— omit, insert — ‘114 Special conditions for effort units for ‘T1’ licence’. (2) Section 114(2)— omit . (3) Section 114(3), ‘subsections (1) and (2)’— omit, insert — ‘subsection (1)’. (4) Section 114(3)— renumber as section 114(2). 42 Replacement of s 115 (Transferor’s and transferee’s effort unit certificates must be amended) Section 115— omit, insert—

s 43 23 s 44 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘115 Application for effort unit certificate changes required ‘ (1) The proposed transferor and proposed transferee must apply to the chief executive for effort unit certificate changes that reflect the proposed transfer of the effort units, and their entitlement, to the transferee. ‘ (2) In this section— “effort unit certificate changes” means amending, cancelling or issuing effort unit certificates.’. 43 Amendment of s 117 (Effort unit surrender requirement if licence transferred) (1) Section 117— insert— ‘ (1A) For subsection (1), a transfer is taken to give effect to a distribution in an estate if the transferor and a beneficiary of the estate are— (a) close relatives of each other; or (b) related entities of each other under the Corporations Law.’. (2) Section 117(1A) to (3)— renumber as section 117(2) to (4). (3) Section 117(3), ‘subsection (2)’— omit, insert — ‘subsection (3)’. 44 Amendment of s 130 (Condition for ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licences) Section 130(2) to (5)— omit, insert ‘ (2) Subject to section 132, the holder of the licence may modify the boat identified on the licence only if the modification does not change the hull units for the boat. ‘ (3) A modification made under subsection (2) is prescribed as a change in circumstances for section 73(3) 2 of the Act if it changes the details about the boat, as recorded in the register.’.

s 45 24 s 47 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 45 Amendment of s 132 (Restrictions for ‘M1’, ‘T1’ or ‘T2’ licences) Section 132(2)— omit, insert — ‘ (2) If the amendment is for a replacement of the boat or a modification of the boat that will, if the modification were to be made, change the number of hull units for the boat— (a) the holder of the licence must surrender the number of effort units stated in schedule 5 for the number of hull units for the replaced or modified boat; and (b) the holder must apply to the chief executive to amend the effort unit certificate for the licence in a way that reflects the replacement or modification of the boat and the effort unit surrender.’. 46 Amendment of s 227 (Fishing effort review) Section 227, heading— omit, insert — ‘227 General fishing effort review’. 47 Insertion of new s 227A After section 227— insert — ‘227A Ecological sustainability action for reef world heritage area ‘ (1) This section applies if, in the reef world heritage area during an effort year as follows, all of the fishing and steaming days are used for the following total number of notional effort units for the year— (a) for 2001—2 119 080; (b) for 2002—2 055 508; (c) for 2003—1 993 843. 2 Section 73 (Registers of authorities) of the Act

s 48 25 s 49 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘ (2) The chief executive must amend this plan to include a closed waters declaration that limits effort in the fishery during the year so that no more than the following number of fishing and steaming days are used for the following number of notional effort units for the year— (a) for 2001—2 648 849; (b) for 2002—2 569 384; (c) for 2003—2 492 303. 3 ‘ (3) However, the chief executive may comply with subsection (2) by making a closed waters declaration under a declaration or regulation. ‘ (4) This section does not limit section 227. ‘ (5) In this section— “notional effort units” , for an effort year, means effort units that would have been worked out under section 78 for each eligible licence had the number of allocated days for the licences been increased by 14. “reef world heritage area” means the Great Barrier Reef World Heritage Area described in the World Heritage list kept under the Convention for the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization on 16 November 1972. 4 ’. 48 Amendment of s 234 (Interfering with approved VMS seals) Section 234(1), ‘under section 59(1)’— omit, insert — ‘on a boat’. 49 Amendment of s 235 (Serious fisheries offences) (1) Section 235(b), ‘section 30’— omit, insert — ‘section 29A or 30’. 3 A number in subsection (1) is 80% of the corresponding number in subsection (2). 4 A copy of the convention and the list may be inspected, free of charge, during office hours on business days at the department’s office at 80 Ann Street Brisbane.

s 50 26 s 51 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 (2) Section 235— insert — ‘(h) the holder of a licence failing to ensure another person acting under the licence complies with the Act if the non-compliance constitutes a serious fisheries offence mentioned in paragraphs (a) to (g). 5 ’. 50 Amendment of s 236 (Purpose and application of div 3) (1) Section 236(1), ‘or commercial fishing boat licence’— omit, insert— ‘, commercial fishing boat licence or effort units’. (2) Section 236(2)(b)(ii)— omit, insert — ‘(ii) if the period has expired—has been revived.’. 51 Replacement of ss 237 and 238 Sections 237 and 238— omit, insert — ‘237 Criteria for suspending commercial fisher licence ‘ (1) This section applies for a commercial fisher licence. ‘ (2) Subsection (3) applies if the conviction is constituted by any of the following (a “serious scallop offence” )— (a) contravening a closed waters declaration under chapter 2, part 1 and the waters are waters mentioned in schedule 3, part 2; (b) possessing a regulated fish in contravention of section 29A; (c) the holder of a licence failing to ensure another person acting under the licence complies with the Act if the non-compliance constituted a serious scallop offence mentioned in paragraph (a) or (b). 5 See section 219(2) (Holder of authority responsible for ensuring Act complied with) of the Act.

s 51 27 s 51 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘ (3) For a serious scallop offence, the prescribed criteria are, for the licence holder’s— (a) first conviction—6 months to 1 year’s suspension; or (b) second conviction—2 to 4 years suspension; or (c) third or subsequent conviction—5 years suspension. ‘ (4) Otherwise, the prescribed criteria are, for the licence holder’s— (a) first conviction—3 months to 6 months suspension; or (b) second conviction—1 to 2 years suspension; or (c) third or subsequent conviction—5 years suspension. ‘238 Criteria for suspending commercial fishing boat licence ‘ (1) This section applies for a commercial fishing boat licence. ‘ (2) For a serious scallop offence, the prescribed criteria are, for the licence holder’s— (a) first conviction—1 month to 3 months suspension; or (b) second conviction—1 to 2 years suspension; or (c) third or subsequent conviction—5 years suspension. ‘ (3) Otherwise, the prescribed criteria are, for the licence holder’s— (a) second conviction—1 month to 3 months suspension; or (b) third conviction—1 to 2 years suspension; or (c) fourth or subsequent conviction—5 years suspension. ‘238A Criteria for suspending effort units ‘ (1) This section applies— (a) for effort units relating to; and ‘ (2) The prescribed criteria is, for each conviction of the person mentioned in section 238, suspension of a number of the effort units that reduces the person’s total entitlement under the effort units in a way that, as nearly as practicable, corresponds with the criteria under section 238(2) or (3).

s 52 28 s 53 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 Example for subsection (2) — A holds a commercial fishing boat licence and effort units for the licence. A is convicted of a serious scallop offence. It is A’s first conviction. The prescribed criteria is suspension of a number of the effort units that entitles A to use the boat identified in A’s effort unit certificate for the licence for 1 to 3 months .’. 52 Insertion of new s 239A After section 239— insert— ‘239A ‘M1’ fishery symbol for certain ‘T1’ licences ‘ (1) The ‘T1’ licences numbered QFV00012D, QFV02135K and QFV00473A are taken to have an ‘M1’ fishery symbol written on them on the day this section commences. ‘ (2) Section 144 only applies for a licence mentioned in subsection (1) if the boat identified in the licence is modified or replaced under chapter 3, part 8. 6 ’. 53 Amendment of s 241 (Existing boat replacement approvals) (1) Section 241(c), after ‘approval’— omit, insert— ‘other than a condition stating a time by which the boat must be replaced.’. (2) Section 241— insert— ‘(d) if a condition mentioned in paragraph (c) required another eligible licence for a boat with a stated number of hull units to be surrendered—the holder has surrendered the number of effort units stated in schedule 5 for the number of hull units for the boat identified in the other licence.’. 6 Section 144 (Maximum boat length), chapter 3, part 8 (Boat modification and replacement)

s 54 29 s 54 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 54 Replacement of s 242 (‘M1’ fishery symbol applies to ‘T1’ licences until 1 April 2001) Section 242— omit, insert — ‘242 Replacement of certain damaged or sunken boats ‘ (1) This section applies if— (a) before 2001, a boat as follows (the “old boat” ) was damaged beyond practical repair for fishing for trade or commerce in the fishery by the use of a trawl net or was sunk beyond salvage— (i) the boat identified in an eligible licence; (ii) if no boat is identified in an eligible licence—the boat last identified in the licence; and (b) section 241 does not apply for an amendment of the licence to replace the old boat; and (c) the licence has not been transferred since the damage or sinking. ‘ (2) An effort unit surrender or an amendment of an effort unit certificate under section 132 made before this section commenced is of no effect. ‘ (3) Subsection (2) does not affect the validity of the replacement amendment. ‘ (4) If the replacement amendment was not made before the commencement, the holder of the licence may, before 1 January 2002, apply to the chief executive to make the amendment. ‘ (5) Chapter 3, part 8, division 2 does not apply to the application. ‘ (6) The chief executive may grant the application only if the hull units for the replacement boat are no more than the hull units for the old boat. ‘243 Licence transfer applications made before s 117 commenced ‘ (1) Section 117 does not apply, and is taken never to have applied, to an application to transfer effort units if the application was made before section 117 commenced. ‘ (2) An effort unit surrender or amendment of an effort unit certificate made to allow the application to proceed under section 117 is of no effect.

s 55 30 s 56 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 ‘244 Exclusion of s 117 for certain licence ‘Section 117 does not apply for a transfer of the eligible licence number QFV01521K from G.J. Watson if the transferee and G.J. Watson are— (a) close relatives of each other; or (b) related entities of each other under the Corporations Law.’. 55 Amendment of sch 2 (How the objectives are to be achieved) (1) Schedule 2, section 8(e) and 16(b), ‘for any licence’— omit . (2) Schedule 2, section 8(d), ‘of an’— omit, insert— ‘an’. 56 Amendment of sch 3 (Specific closed waters) (1) Schedule 3, section 18— insert— ‘ (2) The waters are closed from 1 October to 31 March.’. (2) Schedule 3, section 55— omit, insert — ‘55 Laguna Bay area ‘(1) Waters within the Laguna Bay area. ‘ (2) The waters are not closed waters to the use of an otter trawl net under a ‘T1’ or ‘T5’ fishery symbol.’. (3) Schedule 3, section 125, ‘(an F ↑ B sign near the northern end of the town of Etty Bay)’— omit. (4) Schedule 3, section 125, second dot point— omit, insert— ‘• along the shore of Etty Bay to latitude 17º33.72' south, longitude 146º05.61' east’.

s 57 31 s 58 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 (5) Schedule 3, section 132, eighth dot point— omit . (6) Schedule 3, section 133(1), last dot point— omit, insert— ‘• north along the shore to latitude 17°51.49' south, longitude 146°07.23' east.’. 57 Amendment of sch 5 (Effort unit conversion factor for boats) Schedule 5, heading, ‘sections 118 and 132(2)’— omit, insert — ‘sections 118, 132(2)(a) and 241(d)’. 58 Amendment of sch 7 (Aids to interpretation and definitions) (1) Schedule 7, section 1(1), ‘regulation’— omit, insert— ‘management plan’. (2) Schedule 7, section 23— omit, insert — ‘23 Meaning of “Laguna Bay area” ‘ “Laguna Bay area” means waters within the following boundary— • from latitude 26°15.90' south on the mainland shore (near Teewah at approximately latitude 26°15.90' south, longitude 153°04.20' east) to latitude 26°22.54' south, longitude 153°06.98' east (the eastern tip of Noosa Head) • to an F ↑ B sign at latitude 26°22.78' south, longitude 153°06.04' east (Boiling Pot) • to latitude 26°22.84' south, longitude 153°04.85' east (the eastern tip of the rock wall on the southern bank of the Noosa River) • to an F ↑ B sign at latitude 26°22.55' south, longitude 153°04.50' east (on the shore 400 m north of the northern bank of the Noosa River)

s 58 32 s 58 Fisheries (East Coast Trawl) Amendment Management No. 81, 2001 Plan (No. 1) 2001 • north along the shore to latitude 26°15.90'.’. (3) Schedule 7, section 25, fifteenth dot point— omit, insert— ‘• to latitude 27°24.86' south, longitude 153°14.56' east (the red light beacon north-east of Green Island)’. (4) Schedule 7, part 4, definition “fishing days”— omit. (5) Schedule 7, part 4— insert — ‘ “allocation decision formula” see section 81A(c). “approved” means approved by the chief executive. “fishing days” , for effort units, means the number of days worked out by dividing the total number of the units by the effort unit conversion factor for the boat identified in the effort unit certificate for the units. “install” , for VMS equipment, includes fit an approved seal on the equipment. “new recorded fishing days decision” see section 81A(c). “nominated communication mode” , for a boat, means a mode nominated for the person in control of the boat under section 57B. “serious scallop offence” see section 237(2). “trawling” see section 3(2)(a).’. ENDNOTES 1. Made by the chief executive on 19 June 2001. 2. Approved by the Governor in Council on 21 June 2001. 3. Notified in the gazette on 22 June 2001. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Primary Industries. © State of Queensland 2001