Fisheries (General) Regulation 2019 (Qld)

Fisheries (General) Regulation 2019

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This regulation may be cited as the Fisheries (General) Regulation 2019.

2   Commencement

This regulation commences on 1 September 2019.

3   Application of regulations and declarations

(1)This regulation, the Fisheries (Commercial Fisheries) Regulation 2019, the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019—

(a)all provide for matters under the Act; and

(b)must be read together.

Note—

See section 42 of the Actin relation to the relationship between regulations and declarations.

(2)This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1), including, for example—

(a)the interpretation of particular references; and

(b)the authorisation under, and conditions of, an authority.

(3)Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example—

(a)the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and

(b)the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and

Note—

See section 29(4).

(c)the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.

Part 2    Interpretation

Division 1 Definitions

4   Dictionary

The dictionary in schedule 11 defines particular words used in this regulation.

4A   Animals prescribed not to be fish—Act, s 5

(1)For section 5(3)(b) of the Act, a relevant protected animal is prescribed not to be a fish.

(2)In this section—

relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992, other than each of the following animals—

(a)Australian lungfish;

(b)largetooth sawfish;

(c)Mary River cod;

(d)redfish;

(e)scalloped hammerhead;

(f)silver perch.

Note—

See also the Nature Conservation (Animals) Regulation 2020, section 66A.

5   Meaning of commercial fisher

A commercial fisher is a person who holds a commercial fisher licence.

6   Meaning of recreational fisher and recreational fishing

(1)A recreational fisher is a person who is carrying out recreational fishing.

(2)A person is carrying out recreational fishing if the person takes or possesses fish other than as follows—

(a)the person takes or possesses the fish—

(i)for trade or commerce; or

(ii)in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth);

(b)the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition;

(c)the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.

(3)For subsection (2)(a)(i), a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip.

(4)A person may carry out recreational fishing even if the person—

(a)holds an authority that authorises the person to take fish for trade or commerce; or

(b)is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a).

(5)However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota.

Example—

If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.

7   Meaning of commercial fishing apparatus and recreational fishing apparatus

(1)

Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus.

(2)

Recreational fishing apparatus is—

(a)a spear or spear gun; or

(b)any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration—

(i)a canister trap;

(ii)a cast net;

(iii)a collapsible trap;

(iv)a crab pot;

(v)a dilly;

(vi)a fishing line;

(vii)a fork;

(viii)a funnel trap;

(ix)a hand pump;

(x)a lobster loop;

(xi)a pyramid trap;

(xii)a round trap;

(xiii)a scoop net;

(xiv)a seine net.

8   Meaning of stowed and secured—Act, s 77A

(1)This section prescribes the meaning of stowed and secured for section 77A(4) of the Actand other legislation mentioned in section 3(1).

(2)A thing is stowed and secured if it is stowed inboard a boat.

Division 2 Key concepts

9   References to regulated waters

(1)Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019, chapter 2.

(2)A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019.

(3)Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.

10   References to commercial fishery

(1)Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019.

(2)A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019.

(3)Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.

11   References to licence, permit or quota authority by name

A reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act.

Examples—

•A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act.

•A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act.

12   References to licences by fishery symbols

A reference to a fishery symbol followed by the term ‘licence’ is a reference to a primary commercial fishing licence on which the fishery symbol is written.

Example—

A reference to a C2 licence is a reference to a primary commercial fishing licence on which the fishery symbol ‘C2’ is written.

13   References to primary boat and tender boat and related references

(1)A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence.

(2)A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence.

(3)In a provision about a primary commercial fishing licence—

(a)a reference to the primary boat is a reference to the primary boat for the licence under subsection (1); and

(b)a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019, chapter 2, part 4, division 2; and

(c)a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and

(d)a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce.

(4)However, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat.

Note—

See the Fisheries (Commercial Fisheries) Regulation 2019, section 32(1)(d) and (4).

Division 3 Other general interpretative provisions

14   References to periods of days or months

(1)This section applies if a provision states a period that—

(a)starts on a day or in a month (the first-mentioned day or month); and

(b)ends on a day or in a month (the second-mentioned day or month).

(2)The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month.

Example—

A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.

15   References to times

(1)This section applies if a provision states a period that starts at a time (the first-mentioned time) and ends at another time (the second-mentioned time).

(2)The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year.

Examples—

•A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year.

•A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day.

•A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.

15A   References relating to fishing operations

(1)A fishing operation starts and ends as follows—

(a)a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net—

(i)starts when the boat leaves a landing place to carry out fishing; and

(ii)ends when the boat stops being used for fishing and lands;

(b)a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net—

(i)starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and

(ii)ends when the commercial fisher stops taking fish and leaves the place;

(c)a fishing operation involving using a boat to take fish using a seine net—

(i)starts when the boat enters a beach or foreshore to carry out fishing; and

(ii)ends when the boat stops being used for fishing and leaves the beach or foreshore;

(d)a fishing operation not involving using a boat to take fish—

(i)starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and

(ii)ends when the commercial fisher or assistant fisher stops fishing and leaves the place.

(2)A day of a fishing operation—

(a)is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and

(b)if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period.

(3)An outside fishing operation day, for a primary commercial fishing licence—

(a)is each 24 hour period after the first midnight after a fishing operation under the licence ends; and

(b)if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.

15B   Meaning of commercial fisher in control of a fishing operation

The commercial fisher in control, of a fishing operation conducted in a commercial fishery under a primary commercial fishing licence, is the commercial fisher whom the holder of the licence has allowed, under the Fisheries (Commercial Fisheries) Regulation 2019, section 32, to act under the licence to take fish, or use a primary boat to take fish, in the fishery.

15C   References to lands a boat and a landing place for a boat

(1)A boat lands when it is brought to a landing place for a boat.

(2)A landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf.

15D   References to lands a fish and a landing place for fish taken without a boat

(1)A fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat.

(2)A landing place for fish taken without using a boat is a place where the fish can be brought to shore.

16   References relating to fish

Schedule 7 provides for the interpretation of references to, or relating to, particular species of fish, including, for example—

(a)the scientific names for the species of fish; and

(b)the interpretation of references to a stock of fish.

17   References relating to waters or areas

Schedule 8 provides for the interpretation of references to, or relating to, particular waters or areas, including, for example—

(a)matters about working out boundaries of particular waters or areas; and

(b)the meaning of particular types of waters or areas or references to particular types of waters or areas.

18   References relating to boats

Schedule 9 provides for the interpretation of references to, or relating to, boats, including, for example, working out a boat’s dimensions and hull units and the boat engine’s maximum continuous brake kW.

19   References relating to fishing apparatus

Schedule 10 provides for the interpretation of references to, or relating to, particular fishing apparatus, including, for example—

(a)the meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and

(b)how to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.

Division 4 Meaning of aquaculture

19A   Cultivation of live fisheries resources for sale that is not aquaculture—Act, sch 1, definition aquaculture

For schedule 1 of the Act, definition aquaculture, the following circumstances are prescribed—

(a)maintaining live fisheries resources taken under an authority before sale if—

(i)the maintenance does not involve breeding or enhancing the development of the resources; and

(ii)the fisheries resources are not released into Queensland waters;

(b)cultivating live fish taken under an A1 or A2 licence before sale if—

(i)the cultivation does not involve breeding the fish; and

(ii)the fish are not released into Queensland waters;

(c)cultivating live fish taken under a D licence before sale if—

(i)the cultivation does not involve propagation, other than by fragmentation, of the fish; and

(ii)the fish are not released into Queensland waters;

(d)maintaining live fisheries resources in a retail outlet for sale if the fisheries resources are not released into Queensland waters.

Part 3    Prescribed acts for which authority required

20   Prescribed acts—Act, s 82

For section 82 of the Act, schedule 1 prescribes—

(a)each act that must only be done by the holder of an authority; and

(b)persons who have authority under the Act to do the act.

Part 4    Defence for Aboriginal people or Torres Strait Islander people

21   Prescribed fishing apparatus—Act, s 14

(1)For section 14(3) of the Act, definition prescribed fishing apparatus, paragraph (b), a fish trap is prescribed.

(2)In this section—

fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.

22   Prescribed waters—Act, s 14

For section 14(3) of the Act, definition prescribed waters, paragraph (b), the following regulated waters are prescribed—

•Barron River (fishing)

•Bizant River, Princess Charlotte Bay

•Burnett River Barrage

•Centenary Lakes, Cairns

•Coombabah Lake and Coombabah Creek

•Fitzroy River Barrage

•Hook Island (fishing)

•Keppel Bay (fishing)

•Kolan River Barrage

•Mary River Barrage

•Swan Bay

•Tinana Creek Barrage

•Wolf Rock (grey nurse shark protection area)

•Yanks Jetty at Orpheus Island.

Chapter 2    Authorities

Part 1    General matters

Division 1 Authorities that may be issued

23   Purpose of division

This division states the types of licences, permits and quota authorities the chief executive may issue under section 49 of the Act.

24   Types of licences

The chief executive may issue a licence of any of the following types—

(a)a primary commercial fishing licence;

(b)a commercial fisher licence;

(c)a charter fishing licence.

25   Types of permits

The chief executive may issue a permit of any of the following types—

(a)a developmental fishing permit;

(b)an indigenous fishing permit;

(c)a stocked impoundment permit;

(d)a filleting permit for an RQ licence or SM licence;

(e)a permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes—

(i)education;

(ii)research;

(iii)environmental protection;

(iv)public health or safety;

(v)indigenous fishing;

(vi)fish salvage;

(vii)fish stocking;

(viii)broodstock or culture stock collection;

(ix)trialling alternative commercial apparatus or fishing activities.

26   Types of quota authorities

(1)The following are the types of quota authorities the chief executive has issued under the Act—

(a)T1 effort units and T2 effort units;

Note—

Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.

(b)SM units;

(c)CT line units, OS line units and RTE line units;

(d)C2-ITQ units;

(e)T4-ITQ units.

(2)Also, the chief executive may issue the following types of quota authorities under the Act—

(a)effort units for the Moreton Bay trawl region;

(b)GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units;

Note—

The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units.

(c)BC1-ITQ units, EC1-ITQ units and GC1-ITQ units;

Note—

The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units.

(d)B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units;

Note—

The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units.

(e)DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units.

Note—

The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.

Division 2 General restrictions on issue of authorities

27   Use of bottom set line in Gulf of Carpentaria waters must not be authorised

The chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.

28   Only particular authorities may authorise particular activities

The chief executive may issue an authority authorising an activity mentioned in column 1 of the following table only of a type mentioned opposite the activity in column 2—

Activity	Type of authority that may be issued
remove, destroy or damage dead marine wood on unallocated State land for trade or commerce	resource allocation authority
carry out development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d), in a declared fish habitat area	resource allocation authority
take freshwater fish from a prescribed stocked impoundment using a fishing line	stocked impoundment permit or general fisheries permit
release aquaculture fisheries resources into Queensland waters	general fisheries permit

Division 3 Authorisation under authorities generally

29   Activities authorised under authority

(1)This section states particular matters about what an authority authorises under section 52 of the Act.

(2)An authority authorises the carrying out of an activity stated—

(a)in the authority; or

(b)in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.

(3)The authorisation is subject to the conditions—

(a)stated in the authority; or

(b)prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.

(4)Also, the authorisation, including the conditions to which it is subject under subsection (3), is subject to any provision of the Fisheries Declaration 2019 that—

(a)prohibits the carrying out of the activity; or

(b)prohibits the carrying out of the activity in particular circumstances; or

(c)otherwise imposes a restriction on how the activity may be carried out.

30   When a person is carrying out activity under an authority

A person carries out an activity under an authority only if—

(a)the authority authorises the carrying out of the activity under section 29; and

(b)the person is the holder of the authority or another person authorised to carry out the activity under the authority; and

(c)the person carries out the activity in accordance with the conditions mentioned in section 29(3), and the provisions mentioned in section 29(4), to which the authorisation is subject.

Part 2    Licences

Division 1 Primary commercial fishing licence

31   Restrictions on issue of licence

(1)The chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat—

(a)is a domestic commercial vessel; and

(b)is not already identified as a primary commercial fishing boat in another primary commercial fishing licence.

(2)Only 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence.

32   Deciding number of tender boats for licence

(1)If the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence.

(2)Subsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’.

(3)The authorised number may be zero or a particular number.

(4)However, the authorised number must not be more than—

(a)for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or

(b)for the fishery symbol ‘B1’ or ‘J1’—4; or

(c)for the fishery symbol ‘R’—8; or

(d)for another fishery symbol—7.

(5)For the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol.

(6)The chief executive must give the holder of the licence an information notice for a decision under this section.

33   Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a primary commercial fishing licence; and

(b)conditions applying to a primary commercial fishing licence.

34   Particular licences not transferable

The following primary commercial fishing licences are not transferable—

(a)a licence on which the fishery symbol ‘E’ is written;

(b)a licence on which the fishery symbol ‘NX’ is written.

Division 2 Commercial fisher licence

35   Restriction on issue of licence

The chief executive may issue a commercial fisher licence to a person only if the person—

(a)is at least 18 years of age; and

(b)has knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries.

36   Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a commercial fisher licence; and

(b)conditions applying to a commercial fisher licence.

37   Licence not transferable

A commercial fisher licence is not transferable.

Division 3 Charter fishing licence

38   Authorisation

(1)The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters.

(2)The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence.

(3)A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1).

39   Condition about taking maray or Australian sardines

It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip—

(a)for a purpose other than use as bait for fishing during the trip; or

(b)in a way that contravenes the Fisheries Declaration 2019, chapter 4, part 4.

Division 4 [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

Division 5 [Repealed]

44   [Repealed]

45   [Repealed]

Part 3    Permits

Division 1 Restrictions on issue of particular permits

46   Possessing or using purse seine net must not be authorised

The chief executive must not issue a permit authorising any of the following—

(a)possessing a purse seine net;

(b)using a purse seine net to take fish;

(c)possessing fish taken in contravention of paragraph (b).

47   Restriction on authorising taking or possessing of maray or Australian sardines

(1)The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce.

(2)Subsection (1) does not apply if—

(a)the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following—

(i)to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit;

(ii)to use as food for display fish;

(iii)for research; or

(b)the permit is a replacement for a permit mentioned in subsection (1).

48   Restriction on authorising taking or possessing of freshwater fish

(1)The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce.

(2)Subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.

49   Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit

(1)The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters.

(2)Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1).

50   Maximum term of general fisheries permit

The chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years.

51   Restriction on authorising taking of fish in particular regulated waters under general fisheries permit

The chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession of fish taken in, the regulated waters mentioned in the Fisheries Declaration 2019, section 17(2) unless the permit is for an activity for which any of the following is the sole or main purpose—

(a)research;

(b)environmental protection;

(c)public health or safety.

51A   Restriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permit

The chief executive must not issue a general fisheries permit authorising the taking or possession of regulated coral reef fin fish in coral reef fin fish waters in a regulated period mentioned in the Fisheries Declaration 2019, section 23.

52   Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit

The chief executive must not issue a general fisheries permit authorising a commercial fisher to use a cast net, mesh net, seine net or set pocket net to take fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019, section 65(1).

Division 2 Authorisations under particular permits

53   Developmental fishing permit

The holder of a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—

(a)assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery identified in the permit;

(b)buy, use and possess fishing apparatus to carry out the assessment;

(c)take, possess and process fish taken for carrying out the assessment;

(d)sell the fish taken for carrying out the assessment.

54   Indigenous fishing permit

The holder of an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—

(a)assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a fishery identified in the permit;

(b)buy, use and possess fishing apparatus to carry out the assessment;

(c)take, possess and process fish taken for carrying out the assessment;

(d)sell the fish taken for carrying out the assessment.

55   Stocked impoundment permit

The holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.

56   Filleting permit

(1)The holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence.

(2)The holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence.

Division 3 Conditions applying to particular permits

57   General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters

(1)This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.

(2)It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2.

Part 4    Quota authorities

Division 1 Restrictions on issue

58   Restriction on further issue of particular quota authorities

(1)The chief executive must not issue any new—

(a)T1 effort or T2 units; or

(b)SM units; or

(c)CT line units, OS line units or RTE line units; or

(d)C2-ITQ units; or

(e)T4-ITQ units.

(2)However, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A, part 1.

58A   Issue of effort units for the Moreton Bay trawl region

(1)The chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A, part 2.

(2)The chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021.

58B   Issue of ENL-ITQ units

(1)The chief executive must issue ENL-ITQ units under schedule 2B.

(2)The chief executive must not issue any ENL-ITQ units after 31 August 2021.

58C   Issue of C1-ITQ units

(1)The chief executive must issue C1-ITQ units under schedule 2C.

(2)The chief executive must not issue any C1-ITQ units after 31 August 2021.

58D   Issue of hand-harvest ITQ units

(1)The chief executive must issue hand-harvest ITQ units under schedule 2D.

(2)The chief executive must not issue any hand-harvest ITQ units after 31 August 2021.

58E   Issue of select coral ITQ units

(1)The chief executive must issue select coral ITQ units under schedule 2E.

(2)The chief executive must not issue any select coral ITQ units after 30 June 2023.

Division 2 Authorisation and conditions

59   Authorisation under and conditions of quota authority

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a quota authority; and

(b)conditions applying to a quota authority.

Part 5    Resource allocation authorities

60   Meaning of prescribed development purpose for declared fish habitat area

A prescribed development purpose, for a declared fish habitat area, is any of the following in, or directly affecting, the area—

(a)restoring the fish habitat or natural processes;

Examples—

•reinstating tidal profiles for allowing restoration of marine plant communities

•restoring tidal flows and inundation patterns

(b)managing fisheries resources or fish habitat;

Example—

constructing a boardwalk for public access within the declared fish habitat area for preventing uncontrolled disturbance of the habitat

(c)researching, including monitoring, or educating;

(d)ensuring 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 relevant works or activity, to its condition before the performance of the works or activity;

(g)constructing a temporary structure;

(h)maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act;

(i)maintaining a structure, other than a structure mentioned in paragraph (h), that has been lawfully constructed;

(j)for a part of the area that is a management B area—

(i)constructing a permanent structure in the area; or

(ii)depositing material for beach replenishment in the area for the purpose of erosion control.

61   Restriction on issue of particular resource allocation authorities

(1)The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.

(2)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;

(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.

62   Authorisation under resource allocation authority

(1)The holder of a resource allocation authority may do any of the following under the authority—

(a)for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d)—interfere with the declared fish habitat area mentioned in the authority;

(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;

(c)for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.

(2)However, the holder may do an 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.

Part 6    Criteria for suspending or cancelling particular authorities

63   Application of part

For section 68B(3)(b)(i) of the Act, this part prescribes criteria for the suspension or cancellation of particular authorities.

64   Counting convictions

(1)In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence.

(2)Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.

65   Criteria for suspending or cancelling particular licences

(1)This section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person.

(2)An appropriate period of suspension may be—

(a)for the person’s first conviction—3 months to 1 year; or

(b)for the person’s second conviction—6 months to 3 years; or

(c)for the person’s third or later conviction—1 year to 5 years.

(3)Cancellation of the person’s licence may be appropriate for the person’s third or later conviction.

66   Criteria for suspending effort units

(1)This section applies in relation to effort units for a trawl region held by a person.

(2)An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65.

Example for subsection (2)—

A holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that would entitle A to use the primary boat under the licence for 3 months to 1 year.

67   Criteria for suspending or cancelling SM units

(1)This section applies in relation to SM units held by a person.

(2)An appropriate suspension may be—

(a)if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.

(3)An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.

68   Criteria for suspending line units

(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year—

(a)the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or

(b)an RQ fishery licence held by the person is suspended.

(2)An appropriate suspension may be—

(a)for subsection (1)(a)—suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)for subsection (1)(b)—suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.

69   Criteria for cancelling line units

(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight).

(2)An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.

70   Criteria for suspending T4-ITQ units

(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year—

(a)the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or

(b)a T4 fishery licence held by the person is suspended.

(2)An appropriate suspension may be—

(a)for subsection (1)(a)—suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)for subsection (1)(b)—suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.

71   Criteria for cancelling T4-ITQ units

(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).

(2)An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.

Part 7    Other provisions about authorities

Division 1 Miscellaneous offences

72   Obstructing persons fishing under an authority

(1)A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish.

Maximum penalty—20 penalty units.

Division 2 Register of authorities

73   Particulars to be contained in register—Act, s 73

For section 73(2) of the Act, the following particulars about each authority issued by the chief executive are prescribed—

(a)the category, type and number of the authority;

(b)the fishery symbols, if any, written on the authority;

(c)the holder’s full name;

(d)the holder’s postal address;

(e)other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80(1)(b) of the Act;

(f)third party interests in the authority, if any, notified to the chief executive;

(g)for all quota authorities of the same type held by the same person—

(i)the person’s name; and

(ii)the number of quota authorities held by the person; and

(iii)if conditions have been imposed on any of the quota authorities—the conditions; and

(iv)if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;

(h)for an M2 licence—

(i)the boat mark for the primary boat identified in the licence; and

(ii)the boat’s hull units, breadth, depth and length; and

(iii)the boat’s main engine power in maximum continuous brake kW.

74   Holder to notify chief executive of particular changes—Act, s 73

For section 73(3) of the Act, the following changes in circumstances are prescribed—

(a)a change of the holder’s name;

(b)if the holder is an individual—a change of the holder’s residential, business or postal address;

(c)if the holder is a corporation—

(i)a change of the address of the holder’s registered office; or

(ii)a change of the address of the holder’s office, if any, in the State; or

(iii)a person becoming, or ceasing to be, an executive officer of the holder;

(d)a change in a third party interest in the authority notified to the chief executive;

(e)a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80(1)(b) of the Act.

Division 3 Other matters

75   Authorities that continue after holder’s death—Act, s 70C

For section 70C(1) of the Act, the following types of authorities are prescribed—

(a)a licence other than a commercial fisher licence;

(b)a quota authority;

(c)a resource allocation authority.

76   Activities for which inspectors may have an authority

An inspector may hold or have an interest in an authority for—

(a)conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or

(b)taking or possessing fish for stocking waters; or

(c)releasing fish; or

(d)taking fish from a prescribed stocked impoundment by using a fishing line; or

(e)performing the inspector’s functions.

Chapter 3    Declared fish habitat areas

Part 1    Declaration of fish habitat areas

77   Fish habitat area plans

(1)A plan stated in schedule 3, column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column.

(2)A copy of each fish habitat area plan is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

(3)Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.

(4)A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan—

(a)shows what forms the boundary; and

(b)is only indicative of the current position of the boundary.

78   Areas declared to be fish habitat areas

(1)Each area mentioned in schedule 3, column 1 is declared to be a fish habitat area.

(2)The fish habitat area—

(a)includes—

(i)the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and

(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as included in the declared fish habitat area; and

(b)excludes—

(i)the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and

(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as excluded from the declared fish habitat area; and

(iii)the area of a channel marked by aids to navigation.

(3)Also, land that is not unallocated State land or national park land is included in a fish habitat area only if—

(a)the land is within an area mentioned in subsection (2)(a) for the fish habitat area; and

(b)the fish habitat area plan for the fish habitat area, or schedule 3, column 2, specifically states that the land is included in the fish habitat area.

79   Particular cables and air space excluded from declared fish habitat area

(1)A declared fish habitat area excludes a cable that—

(a)is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and

(b)is not in contact with land, water or a part of a plant in the area.

Examples of a cable—

an overhead electric line or telecommunication cable

(2)Subsection (3) applies if—

(a)a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and

(b)under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.

(3)The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal.

(4)In this section—

proposal includes an application.

Part 2    Prohibited activities

80   Person not to take bait using digging implement

(1)A person must not in a declared fish habitat area take fish for bait by using a digging implement.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person using a hand pump only for taking yabbies.

81   Person not to remove weeds etc.

(1)A person must not do any of the following things in a declared fish habitat area—

(a)remove weeds;

(b)use a pesticide;

(c)carry out biological control of a pest.

Maximum penalty—20 penalty units.

(2)Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area.

Maximum penalty—20 penalty units.

(3)However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.

(4)In this section—

biological control, of a pest, means controlling 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 bacteria or virus that may be harmful to the pest.

fish habitat area code of practice means the code of practice under section 125A of the Actcalled ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’.

Note—

The code is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

pest means—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or

(b)biosecurity matter under the Biosecurity Act 2014 that is—

(i)controlled biosecurity matter under section 124(1) of that Act; or

(ii)regulated biosecurity matter under section 128(1)(a) of that Act; or

(c)another pest or disease declared under a law of the State, the Commonwealth or another State.

Chapter 4    Matters prescribed for particular offences under the Act

Part 1    Vessel tracking

Division 1 Preliminary

82   Definitions for part

In this part—

landing place ...

malfunction see section 80(6) of the Act.

relevant authority see section 83(1).

relevant boat, for a relevant authority, means a boat prescribed for the authority by section 83(2).

relevant period means the period prescribed by section 85.

vessel tracking standard means the document called ‘Vessel tracking installation and maintenance standard’ published on the department’s website.

Note—

The vessel tracking standard is also available for inspection, free of charge, by arrangement with the chief executive.

working properly see section 80(6) of the Act.

Division 2 General matters

83   Authorities and boats in relation to which requirements apply

(1)Section 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority) that has any of the following symbols written on it—

•‘A1’ or ‘A2’

•‘B1’

•‘C1’, ‘C2’ or ‘C3’

•‘D’

•‘J1’

•‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’

•‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’

•‘M1’ or ‘M2’

•‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’

•‘R’

•‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.

(2)For section 80 of the Act, each of the following boats is prescribed for a relevant authority (and under section 80(1)(b) of the Actis a relevant boat for the authority)—

(a)the primary boat for the relevant authority; and

(b)each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.

84   Way equipment must be installed

For section 80(2)(a) of the Act, the way for installing approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.

85   Periods during which equipment must be working properly

(1)For section 80(2)(b) of the Act, each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2) or (3), is prescribed.

(2)If the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority—

(a)starts when the fishing operation in which the boat is used starts; and

(b)ends when the fishing operation in which the boat is used ends.

(3)If the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority.

Division 3 Requirements if equipment malfunctions

Subdivision 1 Preliminary

86   Purpose and application of division

(1)This division prescribes, for section 80(4) of the Act, requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period.

(2)The requirements are—

(a)if the relevant boat is a boat other than a tender boat—

(i)the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and

(ii)subdivision 3 is complied with; and

(b)if the relevant boat is a tender boat—subdivision 4 is complied with.

87   Definition for division

In this division—

approved way, for giving a notice to the chief executive, means the way—

(a)approved by the chief executive; and

(b)published on the department’s website.

88   When person in control of a boat is aware of malfunction

(1)For this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if—

(a)the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or

(b)the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.

(2)Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

89   Notices given by chief executive or inspector under division

The chief executive or an inspector may give a notice in relation to a relevant boat under this division—

(a)orally in person; or

(b)by an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2.

Subdivision 2 Alternative way of communication

89A   Application of subdivision

This subdivision applies if the relevant boat is a boat other than a tender boat.

90   Notice of alternative way

(1)The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice) to the chief executive.

(2)The boat communication notice must—

(a)be given to the chief executive in the approved way; and

(b)state an alternative way (an alternative way of communication) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.

(3)The alternative way of communication—

(a)must not involve the use of vessel tracking equipment; and

(b)must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector.

Examples of alternative ways of communication—

a facsimile, mobile phone, radiophone or satellite phone

(4)More than 1 alternative way of communication may be stated in a boat communication notice.

91   Changing alternative way

(1)The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way) of communication.

(2)A notice given to the chief executive under subsection (1) must be given in the approved way.

(3)However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.

Subdivision 3 Manual reporting and landing requirements for boats other than tender boats

92   Application of subdivision

This subdivision applies if the person in control of a relevant boat, other than a tender boat, being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

93   Manual reporting requirement

(1)The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive—

(a)in the approved way; and

(b)at the following intervals—

(i)if the boat is being used in the east coast trawl fishery—every hour;

(ii)otherwise—every 4 hours.

(2)The requirement under subsection (1) continues to apply until the earliest of the following happens—

(a)the relevant boat is taken to a landing place under section 94 or 95;

(b)the relevant period ends;

(c)the approved vessel tracking equipment stops malfunctioning.

94   Requirement to take relevant boat to landing place—boat used under particular authority in particular area

(1)This section applies in relation to the relevant boat if—

(a)the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and

(b)the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary—

•from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east

•to latitude 24º13.80' south, longitude 153º33.00' east

•to latitude 24º42.00' south, longitude 153º16.20' east

•to latitude 25º06.00' south, longitude 153º12.00' east

•to latitude 25º18.00' south, longitude 152º43.20' east

•to latitude 22º10.80' south, longitude 149º48.00' east.

(2)The person in control of the relevant boat must—

(a)stop the use of fishing apparatus from the boat; and

(b)cause the boat to travel to a landing place as soon as practicable.

(3)Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.

(4)The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—

(a)the approved vessel tracking equipment is working properly; and

(b)it is unnecessary for the relevant boat to be taken to a landing place.

95   Requirement to take relevant boat to landing place—other circumstances

(1)This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat.

(2)The person in control of the relevant boat must cause the boat to travel to a landing place within the following period—

(a)5 days;

(b)if the chief executive has given the person a notice allowing a longer period—the longer period.

(3)Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.

(4)The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—

(a)the approved vessel tracking equipment is working properly; and

(b)it is unnecessary for the relevant boat to be taken to a landing place.

96   Further requirement if relevant boat taken to landing place

(1)This section applies if the relevant boat is taken to a landing place under section 94 or 95.

(2)The person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.

Subdivision 4 Requirements for tender boats

96A   Application of subdivision

This subdivision applies if the person in control of a relevant boat that is a tender boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

96B   Requirement to stop fishing

(1)The person in control of the relevant boat must—

(a)stop the use of fishing apparatus from the boat; and

(b)attach the boat to its primary boat; and

(c)ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period.

(2)Subsection (1)(c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.

Part 2    Other matters

97   Commercial quantity of priority fish

For section 89 of the Act, definition commercial quantity, the quantity prescribed for each priority fish is—

(a)the number or volume stated opposite the fish in schedule 4, part 1; or

(b)if a number is stated opposite the fish in schedule 4, part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4, part 1.

98   Circumstances in which non-indigenous fisheries resources may be released—Act, s 90

For section 90(2) of the Act, the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4, part 2, column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.

Chapter 5    Information requirements

Part 1    Preliminary

99   Purpose of chapter

This chapter prescribes information requirements for section 118 of the Act.

100   Definitions for chapter

In this chapter—

relevant authority means—

(a)a charter fishing licence; or

(b)an authority, other than a primary commercial fishing licence or commercial fisher licence, that authorises the holder of the authority to—

(i)take or possess fish for trade or commerce; or

(ii)use a boat to take or possess fish for trade or commerce.

Note—

See the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.

relevant period—

(a)for part 2—see section 101(b); or

(b)for part 3—see section 105(b).

relevant person, for part 3, see section 105(c).

Part 2    Person other than authority holder in control of a boat

101   Application of part

This part applies if—

(a)the chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of a boat under the authority; and

(b)the holder is not the person in control of the boat on a day or a number of days (the relevant period) for which the boat is being used under the authority; and

(c)another person is in control of the boat during the relevant period.

102   Authority holder to provide approved form

The holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the boat during the relevant period by—

(a)giving the form personally to the person; or

(b)ensuring the form is left on the boat and telling the person where the form has been left.

103   Person in control to keep approved form

(1)The person in control of the boat during the relevant period must—

(a)keep the approved form for the relevant period; and

(b)ensure the approved form is available for immediate inspection during the relevant period.

(2)Subsection (1)(b) does not apply if—

(a)the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and

(b)the relevant period is 24 hours or less.

104   Person in control to return approved form

The person in control of the boat during the relevant period must, at the end of the relevant period, give the approved form to the holder of the relevant authority by—

(a)giving the form personally to the holder; or

(b)ensuring the form is left on the boat and telling the holder where the form has been left.

Part 3    Person other than authority holder fishing under authority

105   Application of part

This part applies if—

(a)the chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and

(b)the holder is not fishing under the authority on a day or a number of days (the relevant period); and

(c)another person (the relevant person) is fishing under the authority during the relevant period.

106   Holder to provide approved form

The holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.

107   Relevant person to keep approved form

The relevant person must—

(a)keep the approved form for the relevant period; and

(b)ensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.

108   Relevant person to return approved form

The relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends.

Part 4    Wholesale sale of fisheries resources

Division 1 Preliminary

109   Application of part

This part applies if—

(a)fisheries resources are sold by a person (the seller) to another person (the buyer); and

(b)the buyer—

(i)is a person engaged in the business of selling fisheries resources by wholesale or retail; and

(ii)intends to resell any of the fisheries resources for trade or commerce.

110   Definitions for part

In this part—

buyer see section 109(a).

quantity particulars, for a species of fish, means—

(a)for sea cucumber—

(i)the number of containers containing the sea cucumber; and

(ii)the weight of the sea cucumber; or

(b)for mud crab—

(i)the number of the mud crab; and

(ii)the weight of the mud crab; or

(c)for red champagne lobster or tropical rocklobster—

(i)the number of whole lobster; and

(ii)the number of lobster tails; and

(iii)the weight of the lobster; or

(d)for fin fish that are dead—the weight of the fish in any of the following forms—

(i)whole;

(ii)gilled and gutted;

(iii)filleted;

(iv)trunked;

(v)another form; or

(e)for fin fish that are alive—

(i)the number of the fish; and

(ii)the weight of the fish; or

(f)for fish of another species—the weight of the fish.

sale docket see section 111(1).

sale particulars, for the sale of fisheries resources, means the following particulars—

(a)the name of the buyer;

(b)the buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer;

(c)the name of the seller;

(d)if the sale is the first time the fisheries resources are sold and a commercial fisher took the fish—

(i)the licence number of the commercial fisher licence held by the commercial fisher; and

(ii)the licence number of the primary commercial fishing licence under which the fish were taken;

(e)if the sale is the first time the fisheries resources are sold and 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;

(f)if neither paragraph (d) nor (e) applies in relation to the sale—the address of the seller;

(g)if the seller is an entity that is incorporated under the Associations Incorporation Act 1981 and engages in stocking fish—the number of the entity’s certificate of incorporation;

(h)the date of the sale;

(i)if the date of the sale is different to the date the fish leave the seller’s physical possession—the date the fish leave the seller’s physical possession;

(j)the quantity particulars for each individual species of fish sold;

(k)the form in which the fisheries resources are sold.

Examples of forms of fish for paragraph (k)—

live, whole, or in fillets

seafood food safety scheme means the seafood scheme under the Food Production (Safety) Regulation 2014, chapter 7.

seller see section 109(a).

Division 2 Requirements

111   Docket for sale to be given

(1)The seller must give the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) signed by the seller that contains the sale particulars for the sale of the fisheries resources.

(2)The seller and buyer comply with subsection (1) if—

(a)the buyer prepares a sale docket; and

(b)the seller—

(i)checks the sale docket; and

(ii)if the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.

(3)Also, the seller and buyer comply with subsection (1) if—

(a)the seller is the commercial fisher who took the fish; and

(b)the seller gives the buyer a copy of the catch disposal record made by the seller under the Fisheries (Commercial Fisheries) Regulation 2019, section 163(1) for the fish.

(4)If subsection (3) applies, the copy of the catch disposal record is taken to be a sale docket for the sale.

112   Seller to keep docket

The seller must keep a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the seller stops possessing the resources.

113   Seller to give copy of record or docket with consignment

If the seller consigns fisheries resources to the buyer, the seller must ensure the consignment is accompanied by a copy of the sale docket for the sale of the resources.

114   Buyer to keep docket

(1)The buyer must keep the sale docket for the sale of the fisheries resources available for immediate inspection while the buyer possesses the fisheries resources, or part of the fisheries resources, to which the docket relates.

(2)The buyer must keep the sale docket or a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the buyer stops possessing the resources.

Part 5    Processing abalone

115   Application of part

This part applies to a person carrying on the business of processing abalone.

116   Definition for part

In this part—

processing, abalone, includes doing any of the following to the abalone—

(a)shelling;

(b)filleting;

(c)cooking;

(d)preserving;

(e)packing.

117   Processor to keep record of processing

(1)The person must keep a record in the approved form containing the following particulars for the abalone the person processes—

(a)the person’s full name and usual address;

(b)if the person is not the owner of the abalone—the full name and usual address of the owner;

(c)each species of abalone processed;

(d)the date of processing;

(e)the weight of each species of abalone before processing;

(f)the weight of each species of abalone after processing;

(g)the way the abalone are processed.

(2)The person must keep the record for 5 years after the day the abalone are processed.

Part 6    Particular acts involving spanish mackerel or regulated coral reef fin fish

118   Application of part

This part applies in relation to the following fish (relevant fish)—

(a)spanish mackerel;

(b)regulated coral reef fin fish.

119   Buyer to keep record of fish bought outside the State

(1)This section applies if a person buys relevant fish outside the State and brings the fish into the State for trade or commerce.

(2)The person must keep, in the approved form, a record of the particulars for the fish required for a sale docket under section 111.

(3)The person must keep the record from the day the person brings the fish into the State until 5 years after the day the person stops possessing the fish.

120   Person who takes fish outside particular fishery areas to keep record of taking

(1)This section applies if a person—

(a)takes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries—

(i)the line fishery (other than Great Barrier Reef region);

(ii)the line fishery (reef);

(iii)the line fishery (multiple hook—east coast);

(iv)the spanish mackerel commercial fishery; and

(b)unloads the fish in the State.

(2)The person must keep, in the approved form, a record of the following information—

(a)the date the person took the fish;

(b)the number of the fish taken by the person.

(3)The person must keep the record from immediately before the person unloads the fish in the State until 5 years after the day the person stops possessing the fish.

(4)For subsection (1), a person conducting a charter fishing trip does not take relevant fish for trade or commerce only because the person takes the fish during the charter fishing trip.

121   Person transporting fish to keep record of consignment

(1)This section applies if a person in control of a boat or vehicle (a commercial carrier) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor) for trade or commerce.

(2)However, this section does not apply if a sale docket accompanies the consignment of the relevant fish under section 113.

(3)The commercial carrier must keep a record of the following information in the approved form—

(a)the name of the consignor;

(b)the address of the place where the commercial carrier collected the fish;

(c)the address of the place where the commercial carrier is to deliver the fish.

(4)The commercial carrier must ensure that, while the fish are on board the boat or in the vehicle, the record is—

(a)kept on board the boat or in the vehicle; and

(b)available for immediate inspection.

122   Person storing fish to keep record of storage

(1)This section applies if a person (the warehouse keeper) stores relevant fish at a place for another person (the consignor) for trade or commerce.

(2)The warehouse keeper must—

(a)keep a written record stating the name of the consignor; and

(b)ensure that while the fish are stored at the place, the record is—

(i)kept at the place; and

(ii)available for inspection.

Part 7    AIVR system

123   Person using AIVR system to keep record of transaction number

A person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction.

Note—

See section 128 in relation to transaction numbers given when the AIVR system is not working properly or at all.

Chapter 6    Other matters relating to fisheries management

Part 1    Automated interactive voice response system

124   Chief executive must establish and operate AIVR system

The chief executive must establish and operate an automated interactive voice response system (the AIVR system) for the following transactions—

(a)a person giving information required to be given, under the Act, to the chief executive by using the AIVR system;

(b)a person obtaining information required or authorised to be obtained, under the Act, from the chief executive by using the AIVR system;

(c)a person changing a fisher PIN.

125   Requirements for AIVR system

(1)The AIVR system must provide for—

(a)keeping a record of each transaction carried out by a person using the system; and

(b)giving a person using the system to carry out a transaction a number (a transaction number) to identify the transaction.

(2)For subsection (1)(a), a record of a transaction carried out by a person must include—

(a)any information entered into the system by the person; and

(b)any information given by the system to the person.

126   Record kept by AIVR system is evidence of particular information

A record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction.

127   Transaction number given by AIVR system is evidence of transaction

A transaction number given by the AIVR system for a transaction is evidence of the transaction.

128   Procedure if AIVR system not working properly

(1)This section applies if—

(a)a person (the user) is required or permitted under the Act to give or obtain information, or change a fisher PIN, by using the AIVR system; and

(b)the system is not working properly or at all.

(2)The chief executive must ensure the system transfers the user’s telephone call to either of the following (each a nominated person)—

(a)an officer or employee of the department;

(b)a telecommunications service provider for the chief executive appointed by gazette notice.

(3)If the user is transferred to a nominated person—

(a)the nominated person must give the user a transaction number for the transaction; and

(b)the chief executive must, within 14 days after the transaction, give the user a written notice stating the following—

(i)any information given by the user to the nominated person;

(ii)any information given by the nominated person to the user.

(4)A transaction number given under subsection (3)(a) is taken to have been given by the AIVR system.

(5)A written notice given under subsection (3)(b) stating information mentioned in subsection (3)(b)(i) or (ii) is evidence of that information.

(6)If the user is transferred to a nominated person and gives information to, or obtains information from, the nominated person, the user is taken to have complied with the requirement under the Act to give or obtain the information by using the AIVR system.

Part 2    Compliance, enforcement and administration of Act

129   Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence

For schedule 1 of the Act, definition serious fisheries offence, paragraph (c), a fisheries offence constituted by any of the following in relation to a commercial fishery is prescribed—

(a)contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA;

(b)entering or using a marine park in contravention of the Marine Parks Act 2004, section 43 or the Marine Parks Regulation 2017, section 135.

130   Prescribed matters for evidentiary certificates—Act, s 184

For section 184(4)(g) of the Act, the following matters are prescribed—

(a)information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5;

(b)a summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5.

131   Matters about seizure of fisheries resources—Act, s 154

For section 154 of the Act—

(a)fish of a species of regulated fish are declared to be fisheries resources to which the section applies; and

(b)the offences against sections 77 and 78 of the Actare declared to be offences to which the section applies; and

(c)the percentage prescribed for fish that are declared fisheries resources is—

(i)if the Fisheries Declaration 2019, schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or

(ii)otherwise—5%.

132   Persons who may be appointed as inspectors

For section 140(1)(d) of the Act, the following persons are prescribed—

(a)an employee of a local government;

(b)a person with relevant knowledge of fisheries resources or fish habitat in a particular area;

Example for paragraph (b)—

a member of an entity engaged in stocking fish

(c)a person appointed to enforce fisheries legislation, other than the Act.

133   Prescribed entities for delegation of functions or powers—Act, s 222

(1)For section 222(1)(b) of the Act, each of the following entities is prescribed—

(a)the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994;

(b)a government entity under the Public Service Act 2008, section 24;

(c)Australia Post;

(d)an entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post.

Examples of an agreement or arrangement for paragraph (d)—

•a licence

•a franchise agreement

•an arrangement for an entity to supply services that are ancillary to its other services

(2)However, subsection (1)(b), (c) and (d) applies only in relation to the chief executive’s power to issue a permit to take freshwater fish from a prescribed stocked impoundment by using a fishing line.

Part 3    Accepted development requirements

134   Purpose of part

This part states accepted development requirements for fisheries development under section 32 of the Act.

Note—

See the Planning Regulation 2017, schedule 7, part 3 for how works done in accordance with the accepted development requirements affect the classification of the works.

135   Accepted development requirements

The requirements for fisheries development mentioned in column 1 are the accepted development requirements stated in the document mentioned in column 2 opposite the development—

Column 1	Column 2
Fisheries development	Document stating accepted development requirements
material change of use of premises for aquaculture	document called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive
operational work for constructing or raising waterway barrier works	document called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive
operational work within a declared fish habitat area	document called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive
removal, destruction or damage of marine plants	document called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive

136   Documents stating accepted development requirements available for inspection

A document mentioned in section 135 is—

(a)a cross-line;

(b)a drum line;

(c)a free-floating line;

(d)a set line.

5   Free-floating line

A free-floating line is a line—

(a)with or without a float; and

(b)to which is attached a hook; and

(c)that is not fixed.

6   Set line

A set line is line used to take fish that—

(a)is prevented from unwinding freely by a device attached to the line; and

(b)is attached to—

(i)a boat; or

(ii)something else outside, but not floating on, the water in which the line is being used.

Example for subparagraph (ii)—

a line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water

Part 2    Nets

Division 1 Particular types of nets

1   Beam trawl net

A beam trawl net is a net with its mouth attached to a beam or pole to keep the net open.

2   Bottom set net

A bottom set net is a mesh net that is set along the seabed.

3   Cast net

A cast net is a circular net that—

(a)is weighted around its outside; and

(b)has a rope attached to its centre to allow the net to be cast and retrieved.

4   General purpose mesh net

A general purpose mesh net is a mesh net that may be used in the net fishery (no. 15) under the fishery provisions about the fishery.

5   Mesh net

A mesh net is a net suspended vertically through a water column that can be used, for example, as a general purpose mesh net, ring net, seine net, set mesh net or a net that is neither fixed nor hauled, but does not include a net that is hauled by use of a boat for taking fish.

6   Otter trawl net

An otter trawl net is a net with its mouth kept open by otter boards and the force of water.

7   Purse seine net

A purse seine net is a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.

8   Ring net

A ring net is a mesh net shot in a way that allows it to encircle the fish being targeted.

9   Scoop net

A scoop net is a mesh net, with a handle, that can be used to take fish by being formed into a scoop.

10   Seine net

A seine net is a mesh net, with or without a pocket, that can be—

(a)shot in a way that partly encircles the fish being targeted; and

(b)hauled in a way that concentrates the fish in an area for taking them.

11   Set mesh net

A set mesh net is a mesh net that has—

(a)2 or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or

(b)a point that is fixed to a boat and another point that is fixed to the ground, the bed of a body of water or a thing.

12   Set pocket net

A set pocket net is a bag shaped set net placed across a current or tide to trap fish.

13   Trawl net

A trawl net is a net that may be used in the east coast trawl fishery and includes any other fishing apparatus normally used with the net.

Examples of other fishing apparatus—

ground chains or ropes

14   Try net

(1)A try net is an otter trawl net no longer than 10m, or a beam trawl net no longer than 2.5m, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish.

(2)In this section—

principal fish see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 4(a).

15   Tunnel net

A tunnel net is a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.

Division 2 Particular parts of nets or things used with nets

16   Meaning of back net for a mesh net

A back net is a part of a mesh net that—

(a)is part of the total length of the mesh net; and

(b)is no more than 1 quarter of the total length of the mesh net; and

(c)is supported by no more than 12 stakes; and

(d)if it is being used to take fish as part of a ring net or seine net, remains in the water while the ring net or seine net is being used; and

(e)is used as an artificial shore for concentrating fish to remove them from the water.

17   Meaning of bar for a trawl net

A bar, in relation to mesh in a trawl net, is—

(a)for a trawl net that is knotted—a side of a mesh of the net from 1 knot to the next knot on the same side of the mesh; or

(b)for a trawl net that is knotless—a side of a mesh of the net from 1 corner to the next corner.

18   Meaning of belly rope for a cod end

The belly rope for a cod end is rope that—

(a)is made from at least 12mm polyethylene rope; and

(b)runs the length of the cod end.

18A   Meaning of diameter of monofilament of a net

The diameter, of monofilament of a net, is the average diameter of the monofilament of 10 meshes of the net, each of which is at least 30cm from the other 9.

19   Meaning of front opening of a net

The front opening, of a net, is the opening through which fish enter the net.

20   Meaning of ground chain for an otter trawl net

A ground chain is a chain attached at 1 or more points to the bottom rope of an otter trawl net so that the chain is suspended below the bottom rope when the net is in use.

21   Meaning of leading edge for a part of a net or thing used with a net

The leading edge, for a part of a net or a thing used with a net, is the edge nearest to the front opening of the net.

21A   Meaning of monofilament of a net

The monofilament, of a net, is a single continuous filament or strand of synthetic fibre, joined, knitted or woven into meshes.

22   Meaning of square mesh for a net

For a net, square mesh means netting material orientated so the direction of the mesh twine is longitudinal and transverse to the length of the cod end.

23   Meaning of sweep of a net

(1)The sweep, of a net, includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the point on the head rope or bottom rope of the net where the outermost meshes are attached.

(2)If fittings mentioned in subsection (1) are joined to make a single fitting, the single fitting is 1 sweep.

24   Meaning of tickler chain in relation to a trawl net

A tickler chain is a chain attached to a trawl net or the otter boards of an otter trawl net that is in front of the mouth of the net when the net is in use.

25   Meaning of trailing edge for a part of a net or thing used with a net

The trailing edge, for a part of a net or a thing used with a net, is the edge furthest from the front opening of the net.

Division 3 References to particular actions involving nets

26   Meaning of fix a net

Fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.

27   Meaning of haul a net

Haul, a net, means gather or retrieve the net or a part of the net, without the use of a boat, for taking fish.

28   Meaning of set a net

Set, a net, means fix the net or part of it in a way that it can trap fish.

29   Meaning of shoot a net

Shoot, a net, means place or spread the net, or part of it, in a way that it can trap fish.

30   Meaning of use a net

For a net, use includes—

(a)generally, setting and shooting the net; or

(b)for a trawl net—

(i)setting and shooting the net; and

(ii)having the net rigged for fishing.

Example of rigged for fishing for subparagraph (ii)—

having a cod end and ground chains attached

Division 4 Other matters

31   References to distances between nets

A reference to a distance between nets is a reference to—

(a)for nets in a waterway—the distance between the nets measured along the centre line of the waterway; or

(b)for nets on a foreshore—the distance between the nets measured along the shore.

32   References to drops and number of meshes

(1)A reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut.

(2)A reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net.

33   Meaning of length of a net

(1)The length, of a beam trawl net, is the distance the net is capable of extending across the beam or pole used to open the net.

(2)The length, of a cast net, is the greater of the distances between the point where the net’s cord or rope is attached to the rest of the net and the following—

(a)the net’s lead line;

(b)the bottom of the net’s lowest pocket.

(3)The length, of an otter trawl net, is—

(a)for an otter trawl net used under the Fisheries (Commercial Fisheries) Regulation 2019, schedule 8, part 3—see schedule 8, section 22(3) of that regulation; or

(b)otherwise—the combined length of the head rope and bottom rope when taut between the outermost points of the meshes attached to the head rope and bottom rope.

(4)The length, of a net, other than a cast net or trawl net, is the distance between the outer ends of its mesh measured along the head or bottom rope, whichever rope is longer when taut.

(5)The length, of a net used with a separate back net, is the total length of the net and the back net in use.

34   Meaning of mesh size of a net

(1)Mesh size, of a net that is knotted, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30cm from each other.

(2)Mesh size, of a net that is knotless, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30cm from each other.

(3)For this section, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled by hand in opposite directions so that the sides of the mesh, when the knots or corners are pulled, are as close to touching each other as is reasonably practicable.

(4)However, for pulling the knots or corners of the mesh under subsection (3), no more force may be used than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length.

35   Meaning of behind or in front of in relation to a part of a net or thing used with a net

(1)Behind, in relation to a part of a net or a thing used with a net, means away from the front opening of the net.

(2)In front of, in relation to a part of a net or a thing used with a net, means towards the front opening of the net.

36   Meaning of net that is neither fixed nor hauled

A net that is neither fixed nor hauled is a mesh net that, while it is being used for taking fish, is—

(a)allowed to move freely in the water; and

(b)is not fixed to a place or otherwise restricted in its movement by the person using the net.

Part 3    Traps

1   Canister trap

A canister trap is a trap consisting of a bucket with perforations in the bottom and sides or a similar type of device.

2   Collapsible trap

A collapsible trap is a trap made of rigid material, with 1 or more collapsible sides.

3   Eel trap

An eel trap is a mesh trap—

(a)supported by a rigid rectangular frame; and

(b)to which a cod end or pocket is attached.

3A   Flow trap

A flow trap is a trap consisting of an inclined ramp that can be placed in a flowing waterway and connected to a container capable of trapping eels.

4   Funnel trap

A funnel trap is a mesh trap consisting of a rigid frame with funnel-shaped entrances or a similar device.

5   Pyramid trap

A pyramid trap is a mesh trap with a square-shaped base and 4 triangular sides that meet at a point where there is a trap opening.

6   Round eel trap

A round eel trap is a mesh trap—

(a)supported by a rigid cylindrical frame; and

(b)to which a cod end or pocket is attached.

7   Round trap

A round trap is a mesh trap supported by a rigid cylindrical frame.

Part 4    Other fishing apparatus

1   Crab pot

A crab pot is fishing apparatus consisting of a cage with a round opening in the top, or an elongated opening (parallel to the base) in the side, for trapping crabs.

2   Dilly

A dilly is fishing apparatus consisting of a frame and a net that hangs below the frame’s horizontal plane when the apparatus is in use.

3   Hand pump

A hand pump is a hand-operated pump used for taking bait.

4   Hook

A hook includes—

(a)a hook with more than 1 prong, including, for example, fishing apparatus known as a treble hook; and

(b)a device consisting of more than 1 hook attached to a fishing line at a single point, including, for example, a fishing apparatus known as a gang hook.

5   Lobster loop

A lobster loop is fishing apparatus for catching a lobster consisting of a pole—

(a)with a loop on one end that can be drawn around the lobster to secure it; and

(b)without anything attached that may pierce the carapace of the lobster.

6   Lure

A lure is an artificial bait with 1 or more hooks attached to it.

7   Shell dredge

A shell dredge is a rigid device that is used for gathering shells as it is dragged along the substrate.

8   Spear gun

A spear gun includes a bow for propelling a spear.

9   Trawl shoe

A trawl shoe, of a beam, otter board or trawl sled, is the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor.

Schedule 11 Dictionary

section 4

7n mile line see schedule 8, section 6.

25n mile line see schedule 8, section 7.

AIVR system see section 124.

alternative, for schedule 7, part 1, see schedule 7, part 1, section 1.

amidships ...

approved way, for chapter 4, part 1, division 3, see section 87.

assistant fisher see the Fisheries (Commercial Fisheries) Regulation 2019, section 44.

back net see schedule 10, part 2, section 16.

bar, in relation to mesh in a trawl net, see schedule 10, part 2, section 17.

barramundi (central east coast stock) see schedule 7, part 8, section 2.

barramundi (east coast Cape York stock) see schedule 7, part 8, section 2.

barramundi (mid north-east coast stock) see schedule 7, part 8, section 2.

barramundi (north-west Cape York stock) see schedule 7, part 8, section 2.

barramundi (south-east coast stock) see schedule 7, part 8, section 2.

barramundi (south-east Gulf of Carpentaria stock) see schedule 7, part 8, section 2.

beam ...

beam trawl net see schedule 10, part 2, section 1.

behind, in relation to a part of a net or a thing used with a net, see schedule 10, part 2, section 35(1).

belly rope, for a cod end, see schedule 10, part 2, section 18.

boat communication notice see section 90(1).

boat mark, for a boat used under an authority, see the Fisheries (Commercial Fisheries) Regulation 2019, section 25.

bottom set line see schedule 10, part 1, section 1.

bottom set net see schedule 10, part 2, section 2.

breadth, of a boat that is a domestic commercial vessel, see schedule 9, section 2.

buyer, for chapter 5, part 4, see section 109(a).

C1-ITQ unit means a BC1-ITQ unit, EC1-ITQ unit or GC1-ITQ unit.

canister trap see schedule 10, part 3, section 1.

cast net see schedule 10, part 2, section 3.

central trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 139.

charter fishing trip means a trip on a boat involving a person using the boat to take paying passengers to fish as recreational fishers from, or by otherwise using, the boat.

Examples of using a boat to fish——

1using the boat to tow a tender that is being used for fishing

2using the boat as a platform for spearfishing or to fish on a reef or sandbank

coastal 500m line see schedule 8, section 8.

collapsible trap see schedule 10, part 3, section 2.

commercial fisher see section 5.

commercial fisher in control, of a fishing operation, see section 15B.

commercial fishery see section 10.

commercial fishing apparatus see section 7(1).

commercial fishing boat means a primary boat or a tender boat.

crab pot see schedule 10, part 4, section 1.

cross-line see schedule 10, part 1, section 2.

dam see schedule 8, section 9.

day, of a fishing operation, see section 15A(2).

department’s website means a website, or part of a website—

(a)administered by the department; and

(b)with a URL that contains qld.gov.au.

depth, of a boat that is a domestic commercial vessel, see schedule 9, section 3.

detected by vessel tracking equipment, in relation to the location or movement of a boat, means the details of the location or movement have been sent to the chief executive from the vessel tracking equipment installed on the boat.

development see the Planning Act, schedule 2.

diameter, of monofilament of a net, see schedule 10, part 2, section 18A.

dilly see schedule 10, part 4, section 2.

domestic commercial vessel see the domestic commercial vessel national law, section 7.

domestic commercial vessel (class 1, 2 or 4) means a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1, 2 or 4 vessel.

domestic commercial vessel national law see the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, section 20.

drainage division see schedule 8, section 15.

drum line see schedule 10, part 1, section 3.

eel trap see schedule 10, part 3, section 3.

ends, for a fishing operation, see section 15A(1).

ENL-ITQ unit means a GM5-ITQ unit, SCM5-ITQ unit or WT5-ITQ unit.

entitlement—

(a)under effort units, see the Fisheries (Commercial Fisheries) Regulation 2019, section 69; or

(b)under a C2-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 99; or

(c)under a CT line unit, OS line unit or RTE line unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 93; or

(d)under an SM unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 86; or

(e)under a T4-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 104; or

(f)under an ENL-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 106E; or

(g)under a C1-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 106L; or

(h)under a hand-harvest ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 106T.

F↑B sign see schedule 8, section 10(1).

fin fish means a fish that has a fin at any stage of its life cycle.

fisher PIN means the fisher PIN for line units, SM units, or T4-ITQ units under the Fisheries (Commercial Fisheries) Regulation 2019.

fishery area, of a commercial fishery, means the area stated in a fishery provision about the fishery as the fishery area of the fishery.

fishery provision, about a commercial fishery, means a provision of the Fisheries (Commercial Fisheries) Regulation 2019, schedules 2 to 8 about the fishery.

fishery symbol means a symbol for a commercial fishery stated in a fishery provision about the fishery as a fishery symbol for the fishery.

fish habitat area plan see section 77(1).

fishing line see schedule 10, part 1, section 4.

fix, a net, see schedule 10, part 2, section 26.

flow trap see schedule 10, part 3, section 3A.

free-floating line see schedule 10, part 1, section 5.

freshwater fish means a fish that at any stage of its life cycle is found in waters that are not tidal.

front opening, of a net, see schedule 10, part 2, section 19.

full supply level, for an impoundment, see schedule 8, section 11.

funnel trap see schedule 10, part 3, section 4.

general fisheries permit means a permit issued under the Act of the type mentioned in section 25(e).

general purpose mesh net see schedule 10, part 2, section 4.

ground chain see schedule 10, part 2, section 20.

hand-harvest ITQ unit means a B1B-ITQ unit, B1W-ITQ unit, B1O-ITQ unit, DS-ITQ unit, DO-ITQ unit, G-ITQ unit, J1-ITQ unit or R-ITQ unit.

hand pump see schedule 10, part 4, section 3.

haul, a net, see schedule 10, part 2, section 27.

holder, of a licence or other authority, for chapter 6, part 4, division 2, see section 138.

hook see schedule 10, part 4, section 4.

hull units, for a boat that is a domestic commercial vessel, see schedule 9, section 5.

information requirement means—

(a)an information requirement under section 118(1) of the Act; or

(b)a requirement to give the chief executive information under a condition of an authority.

in front of, in relation to a part of a net or a thing used with a net, see schedule 10, part 2, section 35(2).

inlet see schedule 8, section 12.

ITQ ...

land ...

landing place—

(a)for a boat, see section 15C(2); or

(b)for fish taken without using a boat, see section 15D(2).

lands—

(a)for a boat, see section 15C(1); or

(b)for a fish taken without using a boat, see section 15D(1).

leading edge, for a part of a net or a thing used with a net, see schedule 10, part 2, section 21.

length—

(a)of a boat that is a domestic commercial vessel, see schedule 9, section 4; or

(b)of a net, see schedule 10, part 2, section 33.

line unit means a CT line unit, OS line unit or RTE line unit.

line year, for CT line units, OS line units or RTE line units, see the Fisheries (Commercial Fisheries) Regulation 2019, section 90.

lobster loop see schedule 10, part 4, section 5.

lure see schedule 10, part 4, section 6.

malfunction, for chapter 4, part 1, see section 82.

management A area means an area within a declared fish habitat area identified by the words ‘management A’ on the fish habitat area plan for the declared fish habitat area.

management B area means an area within a declared fish habitat area identified by the words ‘management B’ on the fish habitat area plan for the declared fish habitat area.

manually reported, for a boat, means a notice about a boat’s location given under section 93.

maximum continuous brake kW, for a boat’s engine, see schedule 9, section 6.

mesh net see schedule 10, part 2, section 5.

mesh size, of a net, see schedule 10, part 2, section 34.

monofilament, of a net, see schedule 10, part 2, section 21A.

Moreton Bay trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 143.

national park land means land that is dedicated under the Nature Conservation Act 1992 as a national park, national park (scientific), national park (Aboriginal land), national park (Torres Strait Islander land), national park (Cape York Peninsula Aboriginal land), conservation park or resources reserve.

National Standard for Commercial Vessels, for schedule 9, see schedule 9, section 1.

nearshore waters see schedule 8, section 16.

net that is neither fixed nor hauled see schedule 10, part 2, section 36.

n mile means nautical mile.

northern trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 138.

offshore waters see schedule 8, section 17.

other Queensland regulated ship means an other Queensland regulated ship registered under the Transport Operations (Marine Safety) Regulation 2016.

otter trawl net see schedule 10, part 2, section 6.

outside fishing operation day, for a primary commercial fishing licence, see section 15A(3).

prescribed development purpose, for a declared fish habitat area, see section 60.

prescribed reference document, for schedule 7, part 1, see schedule 7, part 1, section 3(1)(a).

prescribed stocked impoundment see schedule 8, section 18.

prescribed whiting see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 8, section 20.

primary boat see section 13.

process, in relation to fish, includes freezing, packing, refrigerating, sorting or thawing the fish.

processing, abalone, for chapter 5, part 5, see section 116.

pyramid trap see schedule 10, part 3, section 5.

published, on the department’s website, means published on, or accessible through, the website.

purse seine net see schedule 10, part 2, section 7.

quantity particulars, for a species of fish, for chapter 5, part 4, see section 110.

recreational fisher see section 6.

recreational fishing see section 6.

recreational fishing apparatus see section 7(2).

regulated cod or grouper means any of the species of fish identified in schedule 7, part 2, table 1.

regulated coral reef fin fish means any of the species of fish identified in schedule 7, part 2.

regulated coral trout means any of the species of fish identified in schedule 7, part 2, table 2.

regulated emperor means any of the species of fish identified in schedule 7, part 2, table 3.

regulated parrotfish means any of the species of fish identified in schedule 7, part 2, table 5.

regulated surgeonfish means any of the species of fish identified in schedule 7, part 2, table 6.

regulated sweetlip means any of the species of fish identified in schedule 7, part 2, table 7.

regulated tropical snapper or seaperch means any of the species of fish identified in schedule 7, part 2, table 8.

regulated waters see section 9.

regulated wrasse means any of the species of fish identified in schedule 7, part 2, table 9.

relevant authority—

(a)for chapter 4, part 1, see section 83(1); or

(b)for chapter 5, see section 100.

relevant boat, for a relevant authority, for chapter 4, part 1, see section 82.

relevant fish, for chapter 5, part 6, see section 118.

relevant period—

(a)for chapter 4, part 1, see section 82; or

(b)for chapter 5, part 2, see section 101(b); or

(c)for chapter 5, part 3, see section 105(b).

relevant person, for chapter 5, part 3, see section 105(c).

relevant quantity particulars ...

replacement, for an authority, means a replacement for the authority under section 71 of the Act.

ring net see schedule 10, part 2, section 8.

river basin see schedule 8, section 14.

round eel trap see schedule 10, part 3, section 6.

round trap see schedule 10, part 3, section 7.

sale docket, for chapter 5, part 4, see section 111(1).

sale particulars, for the sale of fisheries resources, for chapter 5, part 4, see section 110.

scoop net see schedule 10, part 2, section 9.

seafood food safety scheme, for chapter 5, part 4, see section 110.

seine net see schedule 10, part 2, section 10.

select coral ITQ unit means a DS22-ITQ unit, DS23-ITQ unit, DS28-ITQ unit, DS36-ITQ unit, DS39-ITQ unit, DS48-ITQ unit or DS74-ITQ unit.

seller, for chapter 5, part 4, see section 109(a).

set, a net, see schedule 10, part 2, section 28.

set line see schedule 10, part 1, section 6.

set mesh net see schedule 10, part 2, section 11.

set pocket net see schedule 10, part 2, section 12.

SF↑B sign see schedule 8, section 10(2).

shell dredge see schedule 10, part 4, section 7.

shoot, a net, see schedule 10, part 2, section 29.

SM year see the Fisheries (Commercial Fisheries) Regulation 2019, section 83.

southern inshore trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 140.

southern offshore trawl region A see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 141.

southern offshore trawl region B see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 142.

spear gun see schedule 10, part 4, section 8.

species, for schedule 7, part 1, see schedule 7, part 1, section 1.

square mesh, for a net, see schedule 10, part 2, section 22.

starts, for a fishing operation, see section 15A(1).

stock, of fish by reference to a location, see schedule 7, part 8, section 1.

stowed and secured see section 8.

structure includes a barrage, boat ramp, bridge, bund, dam wall, harbour breakwater, jetty, mooring, power pole, silt curtain, storm water outlet, weir and wreck.

sweep, of a net, see schedule 10, part 2, section 23.

T4-ITQ year see the Fisheries (Commercial Fisheries) Regulation 2019, section 102.

tender boat see section 13.

territorial sea baseline see schedule 8, section 13.

tickler chain see schedule 10, part 2, section 24.

transaction number, for a transaction carried out using the AIVR system, see section 125(1)(b).

trailing edge, for a part of a net or a thing used with a net, see schedule 10, part 2, section 25.

trawl net see schedule 10, part 2, section 13.

trawl region means—

(a)the northern trawl region; or

(b)the central trawl region; or

(c)the southern inshore trawl region; or

(d)the southern offshore trawl region A; or

(e)the southern offshore trawl region B; or

(f)the Moreton Bay trawl region.

trawl shoe, of a beam, otter board or trawl sled, see schedule 10, part 4, section 9.

trunked—

(a)for a fish other than a shark or ray—means the fish has had its head or tail removed; or

(b)for a shark or ray—means the shark or ray has had its head removed.

try net see schedule 10, part 2, section 14.

tunnel net see schedule 10, part 2, section 15.

unallocated State land see the Land Act 1994, schedule 6.

unload, for fish, means—

(a)if the fish have been taken by a commercial fisher and are on a commercial fishing boat—

(i)moving the fish from the boat, or a transport vessel to which the fish have been transferred, to a vehicle or a place; or

Examples of a place for subparagraph (i)—

a wharf, an enclosed part of Queensland waters used to keep live fish, a place on land

(ii)moving the boat while the fish are on the boat to a place on land; or

(b)if the fish have been taken by a recreational fisher and are on a boat—

(i)moving the fish from the boat to a vehicle or a place on land; or

(ii)moving the boat while the fish are on the boat to a place on land.

unused entitlement, for CT line units, OS line units or RTE line units, SM units or T4-ITQ units, means unused entitlement for the units under the Fisheries (Commercial Fisheries) Regulation 2019.

use, for a net, see schedule 10, part 2, section 30.

vessel tracking standard, for chapter 4, part 1, see section 82.

whole weight, for an amount of fish, see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 11.

working properly, for chapter 4, part 1, see section 80(6) of the Act.