Fisheries Legislation Amendment Regulation 2020 (Qld)
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Chapter 1 Preliminary
1 Short title
This regulation may be cited as the Fisheries Legislation Amendment Regulation 2020.
2 Commencement
(1)Chapter 3 and schedule 2 commence on 1 January 2021.(2)Chapter 4 and schedule 3 commence on 1 September 2021.
Chapter 2 Amendments commencing on notification
Part 1 Amendment of Fisheries (Commercial Fisheries) Regulation 2019
3 Regulation amended
This part amends the Fisheries (Commercial Fisheries) Regulation 2019.Note—
See also the amendments in schedule 1.
4 Insertion of new ss 10A and 10B
After section 10—
insert—10A Restriction on possessing, selling or processing fish
(1)This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way.(2)The authorised person may possess, sell or process the fish only in the stated circumstances or stated way.10B Restriction on possessing commercial fishing apparatus
(1)This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way.(2)The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way.
5 Amendment of s 13 (Restriction on taking fish in more than 1 commercial fishery)
Section 13—
insert—(5)In addition, subsection (1) does not apply to a person taking fish under the fishery symbol ‘A1’ and the fishery symbol ‘D’ at the same time.
4 Insertion of new ss 15A and 15B
After section 15—
insert—15A Restriction on retaining fish
(1)This section applies to fish other than fish taken under a B1, R, RQ, SM or T4 licence.(2)If a boat from or using which fish were taken is landed at a place, a person acting under a licence is not authorised to keep the fish on the boat when the boat leaves the place to start a new fishing operation.15B Restriction on transhipping fish
(1)This section applies to fish other than fish taken under a D, R, RQ, SM or T1 licence.(2)A person acting under a licence is not authorised to transfer fish from a boat from or using which the fish were taken to another boat from or using which the fish are proposed to be unloaded.
7 Amendment of s 42 (General conditions of a commercial fishing boat licence)
(1)Section 42(5)—
renumber as section 42(7).(2)Section 42(4)—
omit, insert—(4)The primary boat may be used in a commercial fishery only if its length is no more than—(a)if a fishery provision about the fishery states that a primary boat longer than a stated length must not be used in the fishery—the stated length; or(b)otherwise—25m.(5)A tender boat may be used in a commercial fishery only if—(a)its primary boat—(i)may be used in the fishery; and(ii)is not being used in another commercial fishery; and(b)the tender boat’s length is no more than 10m.(6)Subsection (5)(a)(ii) does not apply in relation to the use of a tender boat in a commercial fishery if the other commercial fishery in which the primary boat is being used is a crab fishery.
8 Amendment of s 82 (Location not detected or reported)
(1)Section 82(1)(a), ‘; and’—
omit, insert—within the following area—
(i)for a boat identified in a T1 licence—(A)generally—the T1 area; and(B)if the licence also has an ‘M1’ fishery symbol written on it—the M1 and M2 area;(ii)for a boat identified in a T2 licence—the T2 area; and(2)Section 82(3), after ‘not used’—
insert—in the area mentioned in subsection (1)(a)
9 Amendment of ch 4, pt 4, hdg (ITQ units)
Chapter 4, part 4, heading, ‘ITQ’—
omit, insert—C2-ITQ
10 Replacement of s 97 (Meaning of ITQ year)
Section 97—
omit, insert—97 Meaning of C2-ITQ year
C2-ITQ year means a period of 1 year starting on 1 July of a year and ending on 30 June in the next year.Note—
See, however, section 167.
11 Amendment of s 107 (Definitions for part)
(1)Section 107, definition quota units, paragraph (d), ‘ITQ’—
omit, insert—C2-ITQ
(2)Section 107, definition quota year, paragraph (d)—
omit, insert—(d)for C2-ITQ units—a C2-ITQ year; or
12 Replacement of ch 5, hdg (Transitional provisions)
Chapter 5, heading—
omit, insert—Chapter 7 Transitional provisions
Note—
This chapter, and former sections 121 and 122, were renumbered by the Fisheries Legislation Amendment Regulation 2020.Part 1 Provisions for SL No. 178 of 2019
13 Renumbering of s 121 (Nominees under particular authorities continue)
Section 121—
renumber as section 166.
14 Amendment and renumbering of s 122 (ITQ year before 1 July 2021)
(1)Section 122, ‘ITQ’—
omit, insert—C2-ITQ
(2)Section 122—
insert—Note—
ITQ units were renamed as C2-ITQ units by the Fisheries Legislation Amendment Regulation 2020. See also the Fisheries (General) Regulation 2019, section 153.(3)Section 122—
renumber as section 167.
15 Insertion of new ch 7, pt 2
Chapter 7, as renumbered by this regulation—
insert—Part 2 Provisions for Fisheries Legislation Amendment Regulation 2020
Division 1 Amendments commencing on notification of amendment regulation
168 Existing primary boats for commercial fishing boat licences
(1)This section applies in relation to a commercial fishing boat licence for a commercial fishery, in effect immediately before the commencement, if the primary boat for the licence is longer than the maximum length permitted to be used in the fishery under section 42(4).(2)Section 42(4) does not apply to the use of the primary boat under the licence in the commercial fishery until the primary boat identified in the licence is modified or replaced.169 Bigeyes that are recognised BRDs
(1)This section applies in relation to trawling in a fishing operation that started before, but has not ended, on the commencement.(2)During trawling in the fishing operation—(a)schedule 2, section 153(4), as in force immediately before the commencement, continues to apply in relation to an opening, commonly known as a bigeye, on an otter trawl net used to trawl for prawns; and(b)schedule 2, section 161(4), as in force immediately before the commencement, continues to apply in relation to an opening, commonly known as a bigeye, on a beam trawl net.170 Requirement to check crab apparatus
(1)This section applies to a requirement to check crab apparatus under schedule 7, section 12A if the crab apparatus was set before the commencement.(2)The requirement applies in relation to the crab apparatus as if the apparatus was set on the commencement.
16 Amendment of sch 2 (East coast trawl fishery)
(1)Schedule 2, after section 6—
insert—6A Possessing particular fishing apparatus
(1)A person may possess, on a boat in the fishery area, a beam, otter board or trawl sled used with a net only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of trawl sleds a person may not possess—
•a trawl sled that has spikes attached to its trawl shoe•a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe(2)A person must not possess, on a boat in the fishery area, a beam, otter board or trawl sled with a thing that—(a)is designed to attach to the beam, otter board or trawl sled; and(b)if attached, would extend below the trawl shoe of the beam, otter board or trawl sled.(2)Schedule 2, sections 11 to 13, 25, 26 and 31—
omit.(3)Schedule 2, section 34—
omit, insert—34 Meaning of T5 area
(1)The T5 area means all tidal waters of the following—(a)the Brisbane River–Victoria Bridge to Juno Point area described in subsection (2);(b)the Brisbane River mouth area described in subsection (3);(c)the Noosa River and lakes connected to the Noosa River;(d)the Laguna Bay area;(e)the Logan River area described in subsection (4);(f)other rivers or creeks south of Double Island Point.(2)The Brisbane River–Victoria Bridge to Juno Point area means Brisbane River between the Victoria Bridge and a line from the F↑B sign at Juno Point to the tip of the eastern bank of the river.(3)The Brisbane River mouth area means tidal waters within the following boundary—•from latitude 27º21.74' south on the mainland shore (Juno Point approximately latitude 27º21.74' south, longitude 153º09.27' east)•to latitude 27º20.54' south, longitude 153º10.13' east (the second green beacon marking the Koopa Channel)•to latitude 27º20.00' south, longitude 53º11.50' east (the Western Coffee Pot beacon)•to latitude 27º18.63' south, longitude 153º12.48' east (No. 1 Entrance West flashing white and red light beacon of the main shipping channel of the Brisbane River)•to latitude 27º18.65' south, longitude 153º12.62' east (No. 2 Entrance East flashing yellow light beacon of the main shipping channel of the Brisbane River)•to latitude 27º20.07' south, longitude 153º11.63' east (the Eastern Coffee Pot beacon)•to latitude 27º21.74' south on the mainland shore.(4)The Logan River area means Logan River and adjoining waterways, upstream of the line—•from the intersection of the mainland shore with longitude 153º19.20' east (at approximately latitude 27º40.50' south) to latitude 27º40.40' south, longitude 153º19.50' east•to latitude 27º41.50' south, longitude 153º21.10' east•to the intersection of the mainland shore with longitude 153º21.10' east (at approximately latitude 27º41.90' south).(4)Schedule 2, section 36—
omit, insert—36 Meaning of T7 area
(1)The T7 area means all tidal waters of the following—(a)the Moore Park beach area described in subsection (2);(b)rivers and creeks between the northern bank of the Burrum River and Richards Point (Rodds Peninsula).(2)The Moore Park beach area means tidal waters within the following boundary—•from latitude 24º44'11" south, longitude 152º22'00" east on the mainland shore•to latitude 24º40'52" south, longitude 152º22'00" east•to latitude 24º40'58" south, longitude 152º19'10" east•to latitude 24º36'47" south, longitude 152º13'43" east•to latitude 24º35'28" south, longitude 152º10'44" east•to latitude 24º30'00" south, longitude 152º06'31" east•to latitude 24º30'01" south, longitude 152º02'33" east•along the mainland shore to latitude 24º44'11" south, longitude 152º22'00" east.(5)Schedule 2, section 38—
omit, insert—38 Meaning of T9 area
(1)The T9 area means all tidal waters of the following—(a)the Llewellyn Bay area described in subsection (2);(b)the Repulse Bay area;(c)the Sinclair Bay area described in subsection (3);(d)the Cleveland Bay area;(e)rivers and creeks that are part of the fishery area of the east coast trawl fishery between Reef Point, south of Townshend Island, and the northern tip of Cape York Peninsula.(2)The Llewellyn Bay area means Llewellyn Bay, near Sarina, west of a line—•from longitude 149º20.20' east on the mainland shore at Freshwater Point (approximately latitude 21º25.91' south, longitude 149º20.20' east)•to longitude 149º20.53' east on the mainland shore at Allom Point (approximately latitude 21º28.42' south, longitude 149º20.53' east).(3)The Sinclair Bay area means Sinclair Bay, near Bowen, within the following boundary—•from latitude 20º09.54' south, longitude 148º25.36' east on the shore to latitude 20º06.80' south, longitude 148º26.81' east on the shore•along the shore to latitude 20º09.54' south, longitude 148º25.36' east.(6)Schedule 2, sections 52, 67, 82, 94, 106, 117, 129 and 141—
omit.(7)Schedule 2, section 153(4)(a), ‘chain links or other weights’—
omit, insert—an approved chain or 300g of other weights
(8)Schedule 2, section 153—
insert—(5)In this section—approved chain means a chain that—(a)weighs at least 300g; and(b)contains at least the following number of links—(i)for a chain with links 4mm in diameter—42;(ii)for a chain with links 6mm in diameter—12;(iii)for a chain with links 8mm in diameter—6;(iv)for a chain with links 10mm in diameter—3.(9)Schedule 2, section 161(4), ‘chain links or other weights’—
omit, insert—an approved chain or 300g of other weights
(10)Schedule 2, section 161—
insert—(5)In this section—approved chain means a chain that—(a)weighs at least 300g; and(b)contains at least the following number of links—(i)for a chain with links 4mm in diameter—42;(ii)for a chain with links 6mm in diameter—12;(iii)for a chain with links 8mm in diameter—6;(iv)for a chain with links 10mm in diameter—3.
17 Amendment of sch 3, pt 1 (Line fishery (other than Great Barrier Reef region))
Schedule 3, part 1, division 3—
omit.
18 Amendment of sch 3, pt 2 (Line fishery (reef))
Schedule 3, part 2, division 3—
omit.
19 Amendment of sch 3, pt 3 (Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish))
Schedule 3, part 3, division 3—
omit.
20 Amendment of sch 3, pt 4 (Line fishery (multiple hook—east coast))
(1)Schedule 3, sections 33(3) and 34(4), from ‘light’ to ‘at least’—
omit, insert—solid, light-coloured float that is no less than
(2)Schedule 3, part 4, division 3—
omit.
21 Amendment of sch 4, pt 1 (General netting and ocean beach fisheries)
(1)Schedule 4, part 1, division 9, heading and schedule 4, part 1, division 9, subdivision 1, heading—omit, insert—
Division 9 Authorisation
(2)Schedule 4, part 1, division 9, subdivision 2—
omit.
22 Amendment of sch 4, pt 2 (Net fishery (east coast no. 1))
(1)Schedule 4, section 45(3), ‘midday on 1 November to midday on 1 February’—
omit, insert—1 November to 31 January
(2)Schedule 4, section 46—
omit.(3)Schedule 4, section 47, heading ‘other’—
omit.(4)Schedule 4, section 47(1), from ‘, other than’ to ‘46’—
omit.(5)Schedule 4, sections 47(3)(a) and 52(3), ‘midday 1 November to midday 1 February’—
omit, insert—1 November to 31 January
(6)Schedule 4, section 53(6), from ‘yellow’ to ‘at least’—
omit, insert—solid, yellow-coloured float that is no less than
(7)Schedule 4, sections 55 and 56—
omit.(8)Schedule 4, section 57(1)(b), before ‘white’—
insert—solid,
(9)Schedule 4, section 57(1)(b)(i), ‘at least’—
omit, insert—no less than
(10)Schedule 4, section 57(2)(b), ‘light coloured floats, at least’—
omit, insert—solid, light-coloured floats, no less than
(11)Schedule 4, section 57(4)(a)(ii), ‘reflectorised float, at least’—
omit, insert—solid, reflectorised float, no less than
23 Amendment of sch 4, pt 3 (Net fishery (east coast no. 2))
(1)Schedule 4, sections 64(5) and 65(4), ‘midday 1 November to midday 1 February’—
omit, insert—1 November to 31 January
(2)Schedule 4, sections 66(4) and 67(5), ‘midday on 1 November to midday on 1 February’—
omit, insert—1 November to 31 January
(3)Schedule 4, sections 70 and 71—
omit.(4)Schedule 4, section 72(1)(b), before ‘white’—
insert—solid,
(5)Schedule 4, section 72(1)(b)(i), ‘at least’—
omit, insert—no less than
(6)Schedule 4, section 72(2)(a)(ii), ‘reflectorised float, at least’—
omit, insert—solid, reflectorised float, no less than
24 Amendment of sch 4, pt 4 (Net fishery (east coast no. 3))
(1)Schedule 4, sections 79(2) and 81(2), ‘midday 1 November to midday 1 February’—
omit, insert—1 November to 31 January
(2)Schedule 4, sections 84 and 85—
omit.(3)Schedule 4, section 86(1)(a), before ‘white’—
insert—solid,
(4)Schedule 4, section 86(1)(a)(i), ‘at least’—
omit, insert—no less than
(5)Schedule 4, section 86(1)(c) and (d), after ‘by’—
insert—solid,
(6)Schedule 4, section 86(1)(d), ‘at least’—
omit, insert—no less than
(7)Schedule 4, section 86(3)(a)(ii), ‘reflectorised float, at least’—
omit, insert—solid, reflectorised float, no less than
25 Amendment of sch 4, pt 5 (Net fishery (east coast no. 4))
Schedule 4, sections 95 and 96—
omit.
26 Amendment of sch 4, pt 6 (Net fishery (Gulf of Carpentaria no. 1))
(1)Schedule 4, section 113(1)(a), before ‘light’—
insert—solid,
(2)Schedule 4, section 113(1)(b), before ‘white’—
insert—solid,
(3)Schedule 4, section 113(1)(b)(i), ‘at least’—
omit, insert—no less than
(4)Schedule 4, section 113(2)(a)(ii), ‘reflectorised float, at least’—
omit, insert—solid, reflectorised float, no less than
(5)Schedule 4, section 113(3)(a), after ‘6’—
insert—solid
27 Amendment of sch 4, pt 7 (Net fishery (no. 11))
(1)Schedule 4, section 118(1)(a), ‘or mesh nets’—
omit, insert—, mesh nets or scoop nets
(2)Schedule 4, section 118(2), ‘for taking fish in the Gulf N11 area,’—
omit.(3)Schedule 4, section 120(b), ‘and a handle or shaft no longer than 2.5m’—
omit.(4)Schedule 4, section 128—
omit.(5)Schedule 4, section 129(1)(a), before ‘light’—
insert—solid,
(6)Schedule 4, section 129(1)(b), before ‘white’—
insert—solid,
(7)Schedule 4, section 129(1)(b)(i), ‘at least’—
omit, insert—no less than
(8)Schedule 4, section 129(2)(a)(ii), ‘reflectorised float, at least’—
omit, insert—solid, reflectorised float, no less than
28 Amendment of sch 4, pt 8 (Net fishery (Gulf of Carpentaria no. 3))
(1)Schedule 4, sections 139 and 140—
omit.(2)Schedule 4, section 141(1)(a), before ‘light’—
insert—solid,
(3)Schedule 4, section 141(1)(b), before ‘white’—
insert—solid,
(4)Schedule 4, section 141(2)(a), ‘at least’—
omit, insert—no less than
29 Amendment of sch 4, pt 9 (Net fishery (Gulf of Carpentaria no. 4))
(1)Schedule 4, sections 151 and 152—
omit.(2)Schedule 4, section 153(1)(a), before ‘light’—
insert—solid,
(3)Schedule 4, section 153(1)(b), before ‘white’—
insert—solid,
(4)Schedule 4, section 153(2)(a), ‘at least’—
omit, insert—no less than
30 Amendment of sch 5 (Spanish mackerel commercial fishery)
Schedule 5, part 4—
omit.
31 Amendment of sch 6 (Reef line commercial fishery)
Schedule 6, sections 11, 12 and 13—
omit.
32 Amendment of sch 7, pt 1 (Commercial crab fishery)
(1)Schedule 7, section 5(2) to (4)—
omit.(2)Schedule 7, sections 6 and 7—
omit, insert—6 Number of items of crab apparatus authorised to be used
(1)No more than the following number of items of crab apparatus, including any combination of items of crab apparatus, may be used under the licence at the same time—(a)if the licence has only 1 fishery symbol ‘C1’ written on it—50;(b)if the licence has only 2 fishery symbols ‘C1’ written on it—100;(c)if the licence has 3 or more fishery symbols ‘C1’ written on it—150.(2)However, no more than 100 items of crab apparatus may be used at the same time to take crabs in the Hervey Bay crab area or Moreton Bay crab area.(3)Also, more than 100 (but not more than 150) items of crab apparatus may be used under the licence at the same time in an area other than the Hervey Bay crab area or Moreton Bay crab area for taking only the following fish—(a)blue swimmer crabs;(b)coral crabs;(c)three spot crabs.(4)In this section—Hervey Bay crab area means tidal waters in the fishery area that are—(a)north of the line between—(i)latitude 25°9.16' south, longitude 152° 38.01' east (Burrum Point); and(ii)latitude 25°13.83' south, longitude 152°59.56' east (Moon Point); and(b)east of the line between—(i)latitude 25°48.76' south, longitude 153°4.18'east (Inskip Point); and(ii)latitude 25°47.54' south, longitude 153°4.66' east (Hook Point).Moreton Bay crab area means tidal waters in the fishery area that are within the Moreton Bay (whole) waters.7 Use of crab apparatus in single line or in sequence
(1)No more than 10 items of crab apparatus may be fixed to a single line or attached to each other in sequence.(2)Two or more items of crab apparatus that are fixed to a single line, or attached to each other in sequence, must not be used in the following waters—(a)Moreton Bay (whole) waters south of latitude 27º18.430' south;(b)the waters of Great Sandy Strait south of a line between Point Vernon on the mainland and Moon Point on Fraser Island.7A Possession of crab apparatus
A person must not possess on a boat in a part of the fishery area more than the number of items of crab apparatus, including any combination of items of crab apparatus, the person is authorised to use in the part under section 6.(3)Schedule 7, sections 10 and 11—
omit.(4)Schedule 7, section 12(2)(a), (4) and (5)(a), ‘at least’—
omit, insert—no less than
(5)Schedule 7, section 12(6), definition compliant float, paragraph (a), before ‘light’—
insert—solid,
(6)Schedule 7, after section 12—
insert—12A Checking crab apparatus
Crab apparatus that is in use must be checked at least every 7 days after being set.
33 Amendment of sch 7, pt 2 (Commercial spanner crab fishery (managed area A))
(1)Schedule 7, before section 16—
insert—Subdivision 1 General
(2)Schedule 7, section 18(2)—
omit.(3)Schedule 7, section 18(3), ‘division 3’—
omit, insert—subdivision 2
(4)Schedule 7, section 18(3)—
renumber as schedule 7, section 18(2).(5)Schedule 7, section 18(4) and (5)—
omit, insert—(3)No more than the following number of dillies may be used at the same time to take spanner crabs—(a)if there is only 1 person acting under the licence—45 dillies;(b)if there are 2 or more persons acting under the licence—75 dillies.(4)No more than 25 dillies may be set on a single line.(6)Schedule 7, after section 18—
insert—18A Fish may be taken only with unused entitlements
Spanner crabs may be taken in a C2-ITQ year only if the crabs are taken under C2-ITQ units with unused entitlements for the C2-ITQ year.18B Possession of dillies
No more than the following number of dillies may be possessed by a commercial fisher, or jointly possessed by 2 or more commercial fishers, on a boat in the fishery area—(a)if there is only 1 person acting under the licence—55 dillies;(b)if there are 2 or more persons acting under the licence—85 dillies.(7)Schedule 7, part 2, division 3, heading—
omit, insert—Subdivision 2 Use of dillies
(8)Schedule 7, sections 23 and 24—
omit.(9)Schedule 7, section 25(3), definition compliant float, paragraph (a), before ‘light’—
insert—solid,
(10)Schedule 7, section 25(3), definition compliant float, paragraph (b), ‘at least’—
omit, insert—no less than
34 Amendment of sch 7, pt 3 (Commercial spanner crab fishery (managed area B))
(1)Schedule 7, before section 29—
insert—Subdivision 1 General
(2)Schedule 7, section 31(2), ‘division 3’—
omit, insert—subdivision 2
(3)Schedule 7, section 31(3)—
omit.(4)Schedule 7, section 31(4)—
renumber as schedule 7, section 31(3).(5)Schedule 7, section 32—
omit.(6)Schedule 7, after section 33—
insert—33A Possession of dillies
A commercial fisher must not possess more than a total of 35 dillies on a boat in the fishery area.(7)Schedule 7, part 3, division 3, heading—
omit, insert—Subdivision 2 Use of dillies
(8)Schedule 7, part 3, division 4—
renumber as schedule 7, part 3, division 3.(9)Schedule 7, sections 38 and 39—
omit.(10)Schedule 7, section 40(3), definition compliant float, paragraph (a), before ‘light’—
insert—solid,
(11)Schedule 7, section 40(3), definition compliant float, paragraph (b), ‘at least’—
omit, insert—no less than
(12)Schedule 7, after section 40—
insert—41 Where spanner crabs may be brought ashore
A spanner crab taken under the licence may be brought ashore only on the mainland west of longitude 151º45' east.
35 Amendment of sch 8, pt 1 (Commercial crayfish and rocklobster fishery)
Schedule 8, part 1, division 3—
omit.
36 Amendment of sch 8, pt 3 (Commercial trawl fishery (fin fish))
Schedule 8, section 19—
omit, insert—19 Fishery area
The fishery area consists of the area of all tidal waters within the following boundary—•from latitude 24°42.05' south, longitude 153°28.11' east•to latitude 24°57.87' south, longitude 153°34.78' east•to latitude 26°12.84' south, longitude 153°48.83' east•to latitude 26°24.88' south, longitude 153°36.05' east•to latitude 26°44.98' south, longitude 153°30.38' east•to latitude 27°05.68' south, longitude 153°34.36' east•to latitude 27°58.78' south, longitude 153°46.38' east•to latitude 28°06.32' south, longitude 153°44.90' east•to latitude 28°09.66' south, longitude 153°46.68' east•to latitude 28°09.17' south, longitude 153°34.30' east•to latitude 28°06.85' south, longitude 153°31.74' east•to latitude 28°01.10' south, longitude 153°29.43' east•to latitude 27°51.23' south, longitude 153°28.34' east•to latitude 27°45.62' south, longitude 153°30.19' east•to latitude 27°38.84' south, longitude 153°30.33' east•to latitude 27°31.28' south, longitude 153°33.34' east•to latitude 27°31.78' south, longitude 153°34.50' east•to latitude 27°30.08' south, longitude 153°36.02' east•to latitude 27°24.64' south, longitude 153°33.58' east•to latitude 27°22.79' south, longitude 153°34.20' east•to latitude 27°20.139' south, longitude 153°29.81' east•to latitude 27°14.96' south, longitude 153°28.31' east•to latitude 26°56.55' south, longitude 153°29.61' east•to latitude 26°54.48' south, longitude 153°28.00' east•to latitude 26°56.62' south, longitude 153°21.80' east•to latitude 26°54.01' south, longitude 153°17.06' east•to latitude 26°50.58' south, longitude 153°15.07' east•to latitude 26°47.17' south, longitude 153°16.84' east•to latitude 26°36.92' south, longitude 153°13.30' east•to latitude 26°13.70' south, longitude 153°08.79' east•to latitude 26°4.76' south, longitude 153° 9.26' east•to latitude 25°58.54' south, longitude 153°11.33' east•to latitude 25°57.67' south, longitude 153°12.71' east•to latitude 25°54.02' south, longitude 153°12.55' east•to latitude 25°51.54' south, longitude 153°09.00' east•to latitude 25°47.31' south, longitude 153°10.43' east•to latitude 25°41.98' south, longitude 153°07.84' east•to latitude 25°34.67' south, longitude 153°11.28' east•to latitude 25°31.67' south, longitude 153°11.01' east•to latitude 25°21.42' south, longitude 153°16.96' east•to latitude 25°12.89' south, longitude 153°21.92' east•to latitude 25°12.92' south, longitude 153°24.72' east•to latitude 25°11.82' south, longitude 153°26.65' east•to latitude 25°02.88' south, longitude 153°23.79' east•to latitude 24°58.38' south, longitude 153°29.22' east•to latitude 24°54.25' south, longitude 153°24.20' east•to latitude 24°41.85' south, longitude 153°23.00' east•to latitude 24°42.05' south, longitude 153°28.11' east.
37 Amendment of sch 11 (Dictionary)
(1)Schedule 11, definitions ITQ year and line unit—
omit.(2)Schedule 11—
insert—C2-ITQ year see section 97.(3)Schedule 11, definition unused entitlement, paragraph (b) and definition used, paragraph (b), ‘ITQ’—
omit, insert—C2-ITQ
Part 2 Amendment of Fisheries Declaration 2019
38 Declaration amended
This part amends the Fisheries Declaration 2019.Note—
See also the amendments in schedule 1.
39 Amendment of s 4 (Relationship between fisheries declarations)
Section 4(2), example 1, ‘2 October’—
omit, insert—1 October
40 Amendment of s 16 (Exception for taking spanner crabs)
Section 16(3), definition prescribed dilly, paragraph (d)(ii), ‘light-coloured float that is at least’—
omit, insert—solid, light-coloured float that is no less than
41 Amendment of s 17 (Regulated waters to which division applies)
Section 17(2), after dot point for Keppel Bay (fishing)—
insert—•Dalrymple Bay and Hay Point
42 Amendment of s 20 (Taking or possessing barramundi in regulated period—waters other than the Gulf of Carpentaria waters)
Section 20(2), ‘1 February’—
omit, insert—31 January
43 Amendment of s 21 (Taking or possessing barramundi in regulated periods—Gulf of Carpentaria waters)
Section 21(2) and (4), ‘1 February’—
omit, insert—31 January
44 Amendment of s 25 (Exception for commercial fishing)
(1)Section 25(1)(c)—
omit, insert—(c)either—(i)the boat is at a relevant landing place or in a relevant defined port area; or(ii)the boat is not at a place or in an area mentioned in subparagraph (i) and it is during a permitted period.(2)Section 25(2), definitions line unit and unloading area—
omit.(3)Section 25(2)—
insert—relevant defined port area means the area of any of the following ports mentioned in the Transport Infrastructure (Ports) Regulation 2016, schedule 2—(a)Port of Abbot Point;(b)Port of Cairns;(c)Port of Cooktown;(d)Port of Gladstone;(e)Port of Mackay;(f)Port of Mourilyan;(g)Port of Townsville.relevant landing place, for an authorised boat for the holder of line units, means the place stated in a prior notice given under the Fisheries (Commercial Fisheries) Regulation 2019, schedule 6, part 5 as the place where the boat will be landed.(4)Section 25(2), definition permitted period, paragraph (b), ‘6a.m.’—
omit, insert—6p.m.
45 Replacement of s 29 (Taking or possessing black jewfish—Dalrymple Bay and Hay Point and North Cape York)
Section 29—
omit, insert—29 Taking or possessing black jewfish—North Cape York
A person must not in the North Cape York regulated waters—(a)take a black jewfish; or(b)possess a black jewfish taken in contravention of paragraph (a).
46 Amendment of s 37 (Taking or possessing tropical rocklobsters in regulated period—northern rocklobster waters)
Section 37(2), ‘2 October’—
omit, insert—1 October
47 Amendment of s 43 (Taking or possessing fin fish in regulated period—Fraser Island (Indian Head–Waddy Point))
Section 43(2), ‘30 September’—
omit, insert—29 September
48 Amendment of s 52 (Taking or possessing fish in regulated period—Fraser Island (Indian Head–Waddy Point))
Section 52(2), ‘30 September’—
omit, insert—29 September
49 Amendment of s 62 (Possessing or using particular set mesh nets to take fish in regulated period)
Section 62(2), ‘1 February’—
omit, insert—31 January
50 Insertion of new s 86AA
After section 86—
insert—86AA Using trawl nets in southern offshore trawl region
(1)A person must not use a trawl net in the southern offshore trawl region in a regulated period.(2)However, subsection (1) does not apply to a person using an otter trawl net under a T5 licence.(3)For subsection (1), the regulated period is from 8a.m. to 6p.m.
51 Amendment of s 87 (Possessing or using otter trawl nets in regulated period)
Section 87(2), ‘15 December to 1 March’—
omit, insert—midday on 15 December to midday on 1 March
52 Amendment of s 88 (Exception for particular otter trawl nets in particular period)
Section 88, ‘3 January to 1 March’—
omit, insert—midday on 3 January to midday on 1 March
53 Insertion of new s 90A
After section 90—
insert—90A Exception for possessing trawl nets or using particular boats
(1)Despite section 90, a person may, in the Hervey Bay (scallop ranching area), use the primary boat identified in a T1 or T2 licence and possess a trawl net on the boat if—(a)the person is using the boat to travel through the regulated waters; and(b)the boat moves at a speed of at least 5 knots; and(c)for a trawl net other than an otter trawl net—the trawl net is stowed and secured; and(d)for an otter trawl net—the otter trawl net is stowed and secured on the boat.(2)For subsection (1)(d), an otter trawl net is stowed and secured on the boat if—(a)during the daytime—(i)the net and any other fishing apparatus normally used with the net are drawn up to the boat and are visible from an aircraft or another boat; and(ii)the net’s cod ends are open; and(iii)the net’s lazy lines are on the blocks; and(b)at night—the net and other fishing apparatus are inboard the boat and are stored or suspended from a mast or boom.Examples of other fishing apparatus—
otter boards, ground chains or ropes for an otter trawl net
54 Amendment of s 94 (Regulated waters to which division applies and their regulated periods)
(1)Section 94, table, column 2 for each of the following entries, after ‘from’ and ‘to’ insert ‘midday on’—•southern regional waters•near the New South Wales border to Point Lookout on North Stradbroke Island•Southern Moreton Bay area•Boggy Creek, Pinkenba•Brisbane River mouth area•northern section of Moreton Bay•Fraser Island (Hook Point to northern tip)•Taleerba Creek to Indian Head, Fraser Island•Southern Hervey Bay•Burnett River (trawl nets)•Sandy Cape•Skyringville Creek (upstream).(2)Section 94, table, column 2 for entries for Stradbroke Island (trawl nets), Caloundra to Moreton Island (trawl nets) and Fraser Island (trawl nets), ‘2 November to 1 March’—
omit, insert—midday on 1 November to midday on 1 March
(3)Section 94, table, column 2 for entry for Fraser Island (Indian Head–Waddy Point), ‘1 September to 30 September’—
omit, insert—1 August to 29 September
(4)Section 94, table, column 2 for entry for Hervey Bay—other closures, ‘2 May to the end of February’—
omit, insert—midday on 2 May to midday on the last day of February
55 Amendment of s 103 (Fish regulated in relation to particular factors)
Section 103(10), example—
omit, insert—Example—
A grey reef shark is a regulated fish for a person possessing the fish, or the tail or fins of the fish, on a boat on the condition that the tail or any of the fins are removed from the body of the fish.
56 Amendment of s 109A (Fish regulated by number or volume)
Section 109A(2)(f)—
omit, insert—(f)shark or ray (other than manta ray, sandtiger shark, speartooth shark or white shark);
57 Amendment of s 126 (Fin fish—interdorsal length for ray or shark)
Section 126, ‘ray or shark’—
omit, insert—guitarfish, shark or shovelnose ray
58 Insertion of new s 140AA
After section 140—
insert—140AA Possessing or using trawl nets in particular waters in particular period
(1)A person must not possess or use a trawl net in the central trawl region or northern trawl region in the period from midday on 15 December to midday on 1 March.(2)Subsection (1) does not apply to a person who possesses or uses a trawl net on a boat if—(a)the possession or use is only for testing the net or other fishing apparatus normally used with the net; and(b)the person in control of the boat has given the nearest Queensland Boating and Fisheries Patrol oral or written notice of the testing; and(c)the net’s cod ends are open; and(d)no fish are taken during the test.(3)A notice under subsection (2)(b) must—(a)be given at least 24 hours before the testing starts; and(b)state—(i)a square area, with boundaries no longer than 1n mile each side, where the testing is to happen; and(ii)when the testing is to start and end.(4)Also, a person may possess a trawl net in the waters in the period mentioned in subsection (1) if the net is stowed and secured on a boat.(5)For subsection (4), an otter trawl net is stowed and secured on a boat only if—(a)during the daytime—(i)the net and any other fishing apparatus normally used with the net are drawn up to the boat and are visible from an aircraft or another boat; and(ii)the net’s cod ends are open; and(iii)the net’s lazy lines are on the blocks; and(b)at night—(i)the boat is at anchor in an area marked as an anchorage or boat harbour on a navigational chart; or(ii)the net and other fishing apparatus are inboard the boat and are stored or suspended from a mast or boom.Examples of other fishing apparatus—
otter boards, ground chains or ropes for an otter trawl net
59 Amendment of s 157 (Crab apparatus)
(1)Section 157(3)(a), before ‘light-coloured’—
insert—solid,
(2)Section 157(3)(b), ‘at least’—
omit, insert—no less than
60 Amendment of sch 1 (Regulated waters)
(1)Schedule 1, part 1, entries for northern rocklobster waters and sea cucumber waters—
omit, insert—
northern rocklobster waters
the following waters—
• tidal waters north of latitude 14º south and east of longitude 142º31'49'' east• tidal waters west of longitude 142º31'49'' eastsection 37
sea cucumber waters
the following waters—
• tidal waters south of latitude 20º south (near Bowen)• tidal waters west of longitude 142º31'49'' eastsection 47
(2)Schedule 1, part 2, entry for southern offshore trawl region, column 3, ‘section 86’—
omit, insert—sections 86 and 86AA
(3)Schedule 1, part 2, entry for Hervey Bay (scallop ranching area), column 3, ‘sections 60 and 90’—
omit, insert—section 60 and chapter 2, part 12, division 4
(4)Schedule 1, part 2, entry for Swain Reefs and Hydrographers Passage, column 3, ‘section 87’—
omit, insert—chapter 2, part 12, division 2
(5)Schedule 1, part 2, entry for Dalrymple Bay and Hay Point, column 3, ‘section 29’—
omit, insert—chapter 2, part 4, division 2
61 Amendment of sch 2 (Regulated fish declarations)
(1)Schedule 2, part 2, entry for barramundi, after fourth row—
insert—
F
a form other than—
(a) whole; or(b) gilled and gutteda person possessing the fish on a commercial fishing boat in waters west of longitude 142º31'49'' east other than in the following circumstances—
(a) the person is a commercial fisher acting under a licence on which is written the fishery symbol ‘N3’;(b) any swim bladders of the fish possessed by the person—(i) are separated and stored by individual species; and(ii) are packed in a way that allows the swim bladders to be inspected; and(iii) are unloaded with the fish; and(iv) are not returned to sea on a boat after they are unloaded(2)Schedule 2, part 2, entry for blue swimmer crab, column 4, first row, before ‘a person’—
insert—for each continuous period of fishing of 24 hours, or part of 24 hours—
(3)Schedule 2, part 2, entry for crab, third row—
omit, insert—
F
crab meat
a person possessing the crab meat other than—
(a) in the following circumstances—(i) the person is a commercial fisher acting under a licence on which is written the fishery symbol ‘C1’, ‘C2’ or ‘C3’;(ii) the person possesses the crab meat on land for the purposes of engaging in the production of seafood under an accreditation under the Food Production (Safety) Act 2000; or(b) in the following circumstances—(i) the person is engaged in the business of selling fisheries resources by wholesale or retail;(ii) the person has, in the person’s possession, a sale docket given under the Fisheries (General) Regulation 2019, chapter 5, part 4 for the crab meat or the whole crab from which the crab meat was taken(4)Schedule 2, part 2, entry for grey reef shark, third, fourth and fifth rows—
omit, insert—
N
maximum—1
a person taking or possessing the fish
(5)Schedule 2, part 2, entry for guitarfish, third and fourth rows—
omit.(6)Schedule 2, part 2, entry for hammerhead shark, fifth row—
omit, insert—
F
a form other than—
(a) the whole fish with fins naturally attached; or(b) trunked or gutted with fins naturally attached
insert—
F
a form other than—
(a) whole; or(b) gilled and gutteda person possessing the fish on a commercial fishing boat in waters west of longitude 142º31'49'' east other than in the following circumstances—
(a) the person is a commercial fisher acting under a licence on which is written the fishery symbol ‘N3’, ‘N11’, ‘N12’ or ‘N13’;(b) any swim bladders of the fish possessed by the person—(i) are separated and stored by individual species; and(ii) are packed in a way that allows the swim bladders to be inspected; and(iii) are unloaded with the fish; and(iv) are not returned to sea on a boat after they are unloaded(8)Schedule 2, part 2, entry for ray (other than guitarfish, manta ray and shovelnose ray)—
omit.(9)Schedule 2, part 2, entry for scaly jewfish, first row—
omit, insert—
F
a form other than whole
a person possessing the fish on a boat in waters east of longitude 142º31'49'' east
F
a form other than—
(a) whole; or(b) gilled and gutteda person possessing the fish on a commercial fishing boat in waters west of longitude 142º31'49'' east other than in the following circumstances—
(a) the person is a commercial fisher acting under a licence on which is written the fishery symbol ‘N3’, ‘N11’, ‘N12’ or ‘N13’;(b) any swim bladders of the fish possessed by the person—(i) are separated and stored by individual species; and(ii) are packed in a way that allows the swim bladders to be inspected; and(iii) are unloaded with the fish; and(iv) are not returned to sea on a boat after they are unloaded(10)Schedule 2, part 2, entry for shark (other than grey reef shark, whitetip reef shark, speartooth shark, white shark or sandtiger shark)—
omit, insert—
shark or ray (other than manta ray, sandtiger shark, speartooth shark or white shark)
F
the fish divided into portions in a way that does not allow an inspector to count the number of the fish reasonably easily
a person possessing the fish on a boat
F
a form other than—
(a) the whole fish with fins naturally attached; or(b) trunked or gutted with fins naturally attacheda person possessing on a boat the fish taken in waters east of longitude 142º31'49'' east for trade or commerce
F
the fin or tail separated from the body of the fish
a person possessing the fin or tail on a boat without the body of the fish from which the fin or tail was taken
N
maximum—1
a recreational fisher taking or possessing the fish
N
maximum—10
S
maximum—150cm or, for a guitarfish, shark or shovelnose ray, maximum interdorsal length—60cm
W
F
maximum—100kg of the fish in filleted form
a person—
(a) taking the fish in the Gulf of Carpentaria waters using a fishing line while acting under a commercial fishing boat licence or developmental fishing permit; or(b) possessing the fish taken under paragraph (a)
(11)Schedule 2, part 2, entry for shovelnose ray, first row—
omit, insert—
F
a form other than—
(a) the whole fish with fins naturally attached; or(b) trunked or gutted with fins naturally attacheda person possessing the fish on a boat
(12)Schedule 2, part 2, entry for shovelnose ray, third and fourth rows—
omit.(13)Schedule 2, part 2, entry for whitetip reef shark, third, fourth and fifth rows—
omit, insert—
N
maximum—1
a person taking or possessing the fish
(14)Schedule 2, part 2, last entry, column 1, from ‘marine yabby’ to ‘southern herring’—
omit, insert—freshwater prawn, herring, marine yabby, silver biddy
62 Amendment of sch 5 (Dictionary)
Schedule 5, definition interdorsal length, ‘ray or shark’—
omit, insert—guitarfish, shark or shovelnose ray
Part 3 Amendment of Fisheries (General) Regulation 2019
63 Regulation amended
This part amends the Fisheries (General) Regulation 2019.Note—
See also the amendment in schedule 1.
64 Insertion of new ch 1, pt 2, div 4
Chapter 1, part 2—
insert—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.
65 Amendment of s 25 (Types of permits)
Section 25(d), ‘RQ fishery licence’—
omit, insert—RQ licence or SM licence
66 Amendment of s 26 (Types of quota authorities)
(1)Section 26(a)—
insert—Note—
Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.(2)Section 26(d)—
omit, insert—(d)C2-ITQ units;(3)Section 26—
insert—(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)BM1-ITQ units, BM2-ITQ units, BM3-ITQ units, BM4-ITQ units, BM5-ITQ units, GM1-ITQ units, GM2-ITQ units, GM3-ITQ units, GM4-ITQ units, GM5-ITQ units, KT1-ITQ units, KT2-ITQ units, KT3-ITQ units, KT4-ITQ units, KT5-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.
67 Insertion of new s 51A
After section 51—
insert—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.
68 Replacement of s 56 (Filleting permit)
Section 56—
omit, insert—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.
69 Insertion of new ch 2, pt 4, div 1, hdg
Before section 58—
insert—Division 1 Restrictions on issue
70 Amendment of s 58 (Restriction on issue of quota authorities)
(1)Section 58, heading, ‘issue of’—
omit, insert—further issue of particular
(2)Section 58(d)—
omit, insert—(d)C2-ITQ units; or(3)Section 58—
insert—(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.
71 Insertion of new ss 58A–58D and ch 2, pt 4, div 2, hdg
After section 58—
insert—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.Division 2 Authorisation and conditions
72 Amendment of s 75 (Authorities that continue after holder’s death—Act, s 70C)
Section 75(a) to (h)—
omit, insert—(a)a licence;(b)a quota authority;(c)a resource allocation authority.
73 Replacement of s 129 (Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence)
Section 129—
omit, insert—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.
74 Insertion of new ch 7, pt 1, hdg
Before section 144—
insert—Part 1 Provisions for SL No. 179 of 2019
75 Insertion of new ch 7, pt 2
Chapter 7—
insert—Part 2 Provisions for Fisheries Legislation Amendment Regulation 2020
Division 1 Amendments commencing on notification of amendment regulation
150 References to trawl regions
(1)This section applies to a reference in this regulation to a trawl region, or a trawl region by name, from the commencement to 31 August 2021.(2)The reference is taken to be a reference to a trawl region, or a trawl region of that name, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, part 4, division 1, as it will be in force on 1 September 2021.Note—
The Fisheries (Commercial Fisheries) Regulation 2019, schedule 2 is replaced by the Fisheries Legislation Amendment Regulation 2020, section 159 which commences on 1 September 2021.151 References to Fisheries (Commercial Fisheries) Regulation 2019, sch 9
(1)This section applies to a reference in any of schedules 2B to 2D to a provision of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, from the commencement to 31 August 2021.(2)The reference is taken to be a reference to the provision of that number in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, as it will be in force on 1 September 2021.Note—
The Fisheries (Commercial Fisheries) Regulation 2019, schedule 9 is replaced by the Fisheries Legislation Amendment Regulation 2020, section 172 which commences on 1 September 2021.152 Existing general fisheries permits
Section 51A does not apply to a general fisheries permit in effect immediately before the commencement.153 Existing ITQ units
(1)An ITQ unit in effect immediately before the commencement is taken to be a C2-ITQ unit.(2)In a document, if the context permits, a reference to an ITQ is taken to be a reference to a C2-ITQ unit.(3)To remove any doubt, it is declared that the amendment of this regulation by the Fisheries Legislation Amendment Regulation 2020 did not create a new type of quota authority for the commercial spanner crab fishery (managed area A).
76 Insertion of new schs 2A–2D
After schedule 2—
insert—Schedule 2A Effort units for trawl regions
sections 58 and 58A
Part 1 Conversion of T1 and T2 effort units
1 Purpose of part
This part provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.2 Definition for part
In this part—prescribed year means a calendar year starting on 1 January of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 or 2017.3 Working out holder’s used and unused effort units
(1)This section provides for working out, for the holder of T1 effort units or T2 effort units—(a)the holder’s number of used T1 effort units or T2 effort units for each trawl region; and(b)the holder’s number of unused T1 effort units or T2 effort units.(2)The holder’s used T1 effort units or T2 effort units for a trawl region are worked out—(a)by adding up the number of the T1 effort units or T2 effort units the holder used in each of the prescribed years in the region; and(b)dividing that number by 10.(3)The holder’s unused T1 effort units or T2 effort units is the difference between—(a)the total number of T1 effort units or T2 effort units held by the holder; and(b)the total number of the holder’s used T1 effort units or T2 effort units for all trawl regions worked out under subsection (2).4 Particular holders may nominate trawl region for used T1 effort units
(1)This section applies if the holder of used T1 effort units obtained the holder’s T1 licence between 1 January 2015 and 30 June 2017.(2)The holder may, before 16 July 2021, give the chief executive written notice nominating 1 or more trawl regions to which a stated number of the used T1 effort units are to be converted under this part.(3)However, the holder—(a)must nominate 1 or more trawl regions for exactly 50% of the holder’s used T1 effort units; and(b)can not nominate the Moreton Bay trawl region.(4)In this section—obtained, in relation to a T1 licence, means obtained in either of the following ways—(a)by issue of the licence by the chief executive;(b)by transfer of the licence from another person.5 Holder may nominate trawl region for unused T1 effort units
The holder of unused T1 effort units may, before 16 July 2021, give the chief executive written notice nominating the trawl region to which the unused T1 effort units are to be converted under this part.6 Allocation of trawl region for T1 effort units
(1)The chief executive must allocate the trawl region to which T1 effort units held by a person are to be converted under this part.(2)Used T1 effort units must be allocated to—(a)for used T1 effort units the subject of a nomination under section 4—the trawl region nominated by the holder; or(b)for other used T1 effort units—the trawl region in which the effort units were used.(3)Unused T1 effort units must be allocated—(a)if the holder of the T1 effort units has, under section 5, nominated the trawl region to which the unused effort units are to be converted—to the trawl region nominated by the holder; or(b)otherwise, as follows—(i)36% of the T1 units must be allocated to the southern offshore trawl region A;(ii)21% of the T1 units must be allocated to the southern inshore trawl region;(iii)21% of the T1 units must be allocated to the central trawl region;(iv)22% of the T1 units must be allocated to the northern trawl region.7 Conversion of T1 and T2 effort units
The chief executive must, before 31 August 2021—(a)convert T1 effort units into effort units for the trawl region to which the effort units are allocated under section 6; and(b)convert T2 effort units into effort units for the southern offshore trawl region B; and(c)give each holder of T1 effort units or T2 effort units a replacement certificate for the effort units.8 When conversion takes effect
The conversion of T1 effort units and T2 effort units into effort units for a trawl region under this part takes effect on 1 September 2021.Part 2 Issue of effort units for the Moreton Bay trawl region
Division 1 Preliminary
9 Definitions for part
In this part—eligible licence means an M1 or M2 licence.eligible person means a person who holds an eligible licence on 22 April 2021.prescribed year means a financial year starting on 1 July of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 or 2016.10 Issue of effort units
The chief executive must, on or before 31 August 2021, issue to each eligible person the number of effort units for the Moreton Bay trawl region worked out under division 2 for the person.11 When effort units take effect
Effort units for the Moreton Bay trawl region issued under this part take effect on 1 September 2021.Division 2 Deciding number of effort units to be issued
12 Process for deciding number of effort units to be issued
The chief executive must decide the number of effort units for the Moreton Bay trawl region to be issued to an eligible person under this part as follows—(a)the chief executive must decide, under section 13, each eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years;(b)the chief executive must work out, under section 14, the extra fishing days available for allocation to eligible persons and allocate them to each eligible person;(c)the chief executive must apply the formula and process in section 15 to decide the number of effort units for the Moreton Bay trawl region to be issued to each eligible person under this part;(d)if applicable, the chief executive must adjust the number of effort units for the Moreton Bay trawl region to be issued to the eligible person under section 16.13 Deciding eligible person’s average yearly fishing days
(1)An eligible person’s fishing days for the Moreton Bay trawl region are the days—(a)that the person used a boat in the region under an eligible licence held by the person; and(b)the details of which have been reported to the chief executive under an information requirement before 1 July 2018.(2)The chief executive must decide an eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years by—(a)adding up the person’s fishing days in the 7 prescribed years with the highest number of fishing days; and(b)dividing that number by 7.(3)The chief executive must give each eligible person an information notice for the chief executive’s decision under subsection (2).14 Allocation of extra fishing days
(1)The chief executive must work out the extra fishing days for the Moreton Bay trawl region available for allocation to eligible persons by—(a)adding the average yearly fishing days for the Moreton Bay trawl region worked out under section 13(2) for all eligible persons; and(b)subtracting that number from 8,535.(2)The extra fishing days are to be allocated to eligible persons as follows—(a)half of the days are to be issued equally among all eligible persons who hold an M1 licence;(b)half of the days are to be issued equally among all eligible persons who hold an M2 licence.(3)If, after applying subsection (2), the number of days to be issued to an eligible person is not a whole number, the number must be rounded up to the nearest whole number.15 Deciding number of units to be issued
(1)The number of effort units for the Moreton Bay trawl region to be issued to an eligible person is the number worked out using the following formula— where—EU means the number of the effort units to be issued to the eligible person.FD means the eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years worked out under section 13.ED means the number of extra fishing days for the Moreton Bay trawl region allocated to the eligible person under section 14.EUCF means the effort unit conversion factor, for the primary boat identified in the eligible person’s M1 or M2 licence, stated in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 10 opposite the number of hull units for the boat.(2)If, after applying the formula, the number is not a whole number of effort units, the number of effort units to be issued is taken to be the nearest whole number, rounded up.16 Adjustment of effort units to be issued if more than T1 holding
(1)This section applies if, under sections 13 to 15, the number of effort units for the Moreton Bay trawl region to be issued to an eligible person would be higher than the number (the capped number) of T1 effort units held by the eligible person before their conversion under part 1.(2)The number of effort units for the Moreton Bay trawl region to be issued to the eligible person must be reduced to the capped number.Division 3 Effort unit certificate
17 Effort unit certificate
(1)The chief executive must issue a certificate (an effort unit certificate) to each person who holds effort units for the Moreton Bay trawl region issued under this part.(2)The effort unit certificate must state the following—(a)the holder’s name;(b)that the units are issued for taking fish in the Moreton Bay trawl region;(c)how many effort units for the Moreton Bay trawl region the holder has;(d)if the chief executive has imposed conditions on the effort units under section 61 of the Act—the conditions.(3)However, if the person also holds T1 effort units or T2 effort units converted under part 1, the chief executive must include the details about effort units for the Moreton Bay trawl region issued under this part in the replacement certificate given under section 7(c).Schedule 2B Issue of ENL-ITQ units
section 58B
Part 1 Interpretation
1 Definitions for schedule
In this schedule—eligible licence, for ENL-ITQ units, means a relevant licence for the ENL-ITQ units under which at least 100kg of prescribed ENL-ITQ fish was—(a)taken, in the combined area of all prescribed ENL management regions, in the prescribed years; and(b)reported to the chief executive under an information requirement before 1 July 2018.eligible person, for ENL-ITQ units, means a person who holds an eligible licence for the units on 22 April 2021.prescribed year means a calendar year starting on 1 January of 2013, 2014, 2015, 2016 or 2017.relevant licence, for ENL-ITQ units, means a licence that has written on it a fishery symbol stated for the ENL-ITQ units in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2.Note—
See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.2 References to prescribed ENL-ITQ fish and prescribed ENL management region
In this schedule—(a)a reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2; and(b)a reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2; and(c)a reference to the combined area of all prescribed ENL management regions in relation to an ENL-ITQ unit means the combined area of—(i)the prescribed ENL management region for the ENL-ITQ unit; and(ii)the prescribed ENL management region for each other ENL-ITQ unit.Part 2 Issue of ENL-ITQ units
Division 1 General
3 Issue of ENL-ITQ units
The chief executive must, on or before 31 August 2021, issue to each eligible person the number of ENL-ITQ units worked out under division 2 for the person.
4 When ENL-ITQ units take effect
ENL-ITQ units issued under this schedule take effect on 1 September 2021.Division 2 Deciding number of ENL-ITQ units to be issued
5 Process for deciding number of ENL-ITQ units to be issued
The chief executive must decide the number of ENL-ITQ units to be issued to an eligible person as follows—(a)the chief executive must decide, under section 6, the eligible person’s eligible reported catch for the units;(b)the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6, as provided under sections 7 to 9;(c)the chief executive must decide the total reported catch for the units under section 10;(d)the chief executive must apply the formula and process in section 11 to decide the number of ENL-ITQ units to be issued to the eligible person.6 Deciding eligible person’s eligible reported catch
(1)An eligible person’s reported catch for ENL-ITQ units for a prescribed year is the amount of the prescribed ENL-ITQ fish—(a)taken in the prescribed ENL management region in the year under the eligible licence held by the person; and(b)reported to the chief executive under an information requirement before 1 July 2018.(2)The chief executive must decide an eligible person’s eligible reported catch for ENL-ITQ units by adding up the person’s reported catch for the units for the 4 prescribed years with the highest reported catch for the units.7 Chief executive notice of eligible person’s eligible reported catch
(1)After deciding an eligible person’s eligible reported catch for ENL-ITQ units under section 6, the chief executive must give the person a written notice stating—(a)the details of the person’s reported catch for the units for each prescribed year; and(b)the person’s eligible reported catch for the units decided by the chief executive under section 6(2); and(c)that the person may, within 60 days after the notice is given to the person—(i)apply for an amendment of the chief executive’s decision under section 6(2) as provided in section 8; or(ii)apply for the substitution of the chief executive’s decision under section 6(2) as provided in section 9.(2)The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6(2).8 Eligible person may apply for amended eligible reported catch
(1)The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6(2) if the chief executive has made an error in the details mentioned in section 7(1)(a).(2)The application must be—(a)made in writing; and(b)supported by evidence of the error.(3)If the eligible person makes an application under subsection (1), the chief executive must—(a)amend the chief executive’s decision under section 6(2) to address the error; or(b)decide not to amend the chief executive’s decision under section 6(2).(4)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).9 Eligible person may apply for substituted eligible reported catch
(1)The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6(2) if—(a)prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year); and(b)either of the following applies for each nil history year (each a substitution reason for the nil history year)—(i)the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014;(ii)the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.(2)The application must—(a)be made in writing; and(b)include details of, and evidence supporting, the substitution reason for each nil history year.(3)If the eligible person applies for a substitution under subsection (1), the chief executive must—(a)substitute the chief executive’s decision under section 6(2); or(b)decide not to substitute the chief executive’s decision under section 6(2).(4)However, the chief executive may substitute the chief executive’s decision under section 6(2) only if the chief executive is satisfied there is a substitution reason for the nil history years.(5)The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years.(6)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).(7)In this section—prescribed number, of nil history years for an eligible person, means—(a)if the eligible person has only 2 nil history years—1; or(b)if the eligible person has 3 or 4 nil history years—2.10 Deciding total reported catch for ENL-ITQ units
The total reported catch for ENL-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 31 May 2021.11 Deciding number of units to be issued
(1)The number of ENL-ITQ units to be issued to an eligible person is the number worked out using the following formula— where—ENL-ITQ means the number of ENL-ITQ units to be issued to the eligible person.EC means the eligible person’s eligible reported catch for the ENL-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9.N means the following number—(a)for BM1-ITQ units—5,580;(b)for BM2-ITQ units—35,038;(c)for BM3-ITQ units—127,962;(d)for BM4-ITQ units—54,275;(e)for BM5-ITQ units—20,744;(f)for GM1-ITQ units—1,091;(g)for GM2-ITQ units—26,805;(h)for GM3-ITQ units—67,133;(i)for GM4-ITQ units—13,625;(j)for GM5-ITQ units—20,347;(k)for KT1-ITQ units—2,167;(l)for KT2-ITQ units—13,619;(m)for KT3-ITQ units—11,231;(n)for KT4-ITQ units—23,600;(o)for KT5-ITQ units—21,383;(p)for SM5-ITQ units—69,100;(q)for WT5-ITQ units—162,000.TC means the total reported catch for the ENL-ITQ units worked out under section 10.(2)If, after applying the formula, the number is not a whole number of ENL-ITQ units, the number of ENL-ITQ units to be issued is taken to be the nearest whole number, rounded up.Division 3 ENL-ITQ unit certificate
12 ENL-ITQ certificate
(1)The chief executive must issue a certificate (an ENL-ITQ certificate) to each person who holds ENL-ITQ units.(2)The ENL-ITQ certificate must state the following—(a)the holder’s name;(b)for each type of ENL-ITQ units, that the units are issued for the taking of prescribed ENL-ITQ fish in the prescribed ENL management region;(c)how many ENL-ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the ENL-ITQ units under section 61 of the Act—the conditions.Schedule 2C Issue of C1-ITQ units
section 58C
Part 1 Interpretation
1 Definitions for schedule
In this schedule—eligible licence means a C1 licence.eligible person means a person who holds an eligible licence on 22 April 2021.prescribed year means a financial year starting on 1 July of 2010, 2011, 2012, 2013, 2014, 2015 or 2016.2 References to prescribed crab and prescribed crab management region
In this schedule—(a)a reference to prescribed crab in relation to a C1- ITQ unit is a reference to the crab stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 3; and(b)a reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 3.Note—
See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.Part 2 Issue of C1-ITQ units
Division 1 General
3 Issue of C1-ITQ units
The chief executive must, on or before 31 August 2021, issue to each eligible person the number of C1-ITQ units worked out under division 2 for the person.4 When C1-ITQ units take effect
C1-ITQ units issued under this schedule take effect on 1 September 2021.Division 2 Deciding number of C1-ITQ units to be issued
5 Process for deciding number of C1-ITQ units to be issued
The chief executive must decide the number of C1-ITQ units to be issued to an eligible person as follows—(a)the chief executive must decide, under section 6, the eligible person’s eligible reported catch for the units;(b)the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6, as provided under sections 7 to 9;(c)the chief executive must work out the total reported catch for the units under section 10;(d)the chief executive must apply the formula and process in section 11 to decide the number of C1-ITQ units to be issued to the eligible person.6 Deciding eligible person’s eligible reported catch
(1)An eligible person’s reported catch for C1-ITQ units for a prescribed year is the amount of prescribed crab—(a)taken in the prescribed crab region in the year under the eligible licence held by the person; and(b)reported to the chief executive under an information requirement before 31 December 2017.(2)However, the maximum amount of mud crabs that may constitute the person’s reported catch for C1-ITQ units for a prescribed year is—(a)if the person held an eligible licence on which 2 or more ‘C1’ fishery symbols were written for any part of the year, and holds an eligible licence on which 2 or more ‘C1’ fishery symbols are written on 22 April 2021—12t; or(b)otherwise—6t.(3)The chief executive must decide an eligible person’s eligible reported catch for C1-ITQ units by adding up the person’s reported catch for the units for the 6 prescribed years with the highest reported catch for the units.7 Chief executive notice of eligible person’s eligible reported catch
(1)After deciding an eligible person’s eligible reported catch for C1-ITQ units under section 6, the chief executive must give the person a written notice stating—(a)the details of the person’s reported catch for the units for each prescribed year; and(b)the person’s eligible reported catch for the units decided by the chief executive under section 6(3); and(c)that the person may, within 60 days after the notice is given to the person—(i)apply for an amendment of the chief executive’s decision under section 6(3) as provided in section 8; or(ii)apply for a substitution of the chief executive’s decision under section 6(3) as provided in section 9.(2)The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6(3).8 Eligible person may apply for amended eligible reported catch
(1)The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6(3) if the chief executive has made an error in the details mentioned in section 7(1)(a).(2)The application must be—(a)made in writing; and(b)supported by evidence of the error.(3)If the eligible person makes an application under subsection (1), the chief executive must—(a)amend the chief executive’s decision under section 6(3) to address the error; or(b)decide not to amend the chief executive’s decision under section 6(3).(4)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).9 Eligible person may apply for substituted eligible reported catch
(1)The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6(3) if—(a)prescribed crab was not taken in the prescribed crab management region under the eligible licence in 3, 4, 5 or 6 prescribed years (each a nil history year); and(b)either of the following applies for each nil history year (each a substitution reason for the nil history year)—(i)the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014;(ii)the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.(2)The application must—(a)be made in writing; and(b)include details of, and evidence supporting, the substitution reason for each nil history year.(3)If the eligible person applies for a substitution under subsection (1), the chief executive must—(a)substitute the chief executive’s decision under section 6(3); or(b)decide not to substitute the chief executive’s decision under section 6(3).(4)However, the chief executive may substitute the chief executive’s decision under section 6(3) only if the chief executive is satisfied there is a substitution reason for the nil history years.(5)The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the C1-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the C1-ITQ units for each of the prescribed years that were not nil history years.(6)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).(7)In this section—prescribed number, of nil history years for an eligible person, means—(a)if the eligible person has only 3 nil history years—1; or(b)if the eligible person has 4, 5 or 6 nil history years—2.10 Deciding total reported catch for C1-ITQ units
The total reported catch for C1-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 31 May 2021.11 Deciding number of units to be issued
(1)The number of C1-ITQ units to be issued to an eligible person is the number worked out using the following formula— where—C1-ITQ means the number of C1-ITQ units to be issued to the eligible person.EC means the eligible person’s eligible reported catch for the C1-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9.N means—(a)for BC1-ITQ units—6,750; or(b)for EC1-ITQ units—29,600; or(c)for GC1-ITQ units—2,440.TC means the total reported catch for the C1-ITQ units worked out under section 10.(2)If, after applying the formula, the number is not a whole number of C1-ITQ units, the number of C1-ITQ units to be issued is taken to be the nearest whole number, rounded up.Division 3 C1-ITQ unit certificate
12 C1-ITQ certificate
(1)The chief executive must issue a certificate (a C1-ITQ certificate) to each person who holds C1-ITQ units.(2)The C1-ITQ certificate must state the following—(a)the holder’s name;(b)for each type of C1-ITQ units, that the units are issued for the taking of prescribed crab in the prescribed crab management region;(c)how many C1-ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the C1-ITQ units under section 61 of the Act—the conditions.Schedule 2D Hand-harvest ITQ units
section 58D
1 Purpose of schedule
This schedule provides for the issue of hand-harvest ITQ units to a person (an eligible person) who, immediately before the commencement, held a licence for taking prescribed hand-harvest ITQ fish.2 Definitions for schedule
In this schedule—eligible licence, for hand-harvest ITQ units, means a commercial harvest fishery licence in effect immediately before the commencement on which the relevant fishery symbol for the units is written.eligible person see section 1.relevant fishery symbol means—(a)for B1B-ITQ units, B1W-ITQ units or B1O-ITQ units—‘B1’; or(b)for DS-ITQ units or DO-ITQ units—‘D’; or(c)for G-ITQ units—‘G’; or(d)for J1-ITQ units—‘J1’; or(e)for R-ITQ units—‘R’.3 References to prescribed hand-harvest ITQ fish
In this schedule, a reference to prescribed hand-harvest ITQ fish in relation to a hand-harvest ITQ unit is a reference to the fish stated for the hand-harvest ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 4.Note—
See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.4 What is an eligible person’s quota entitlement
(1)An eligible person’s quota entitlement for hand-harvest ITQ units is the amount of prescribed hand-harvest ITQ fish, in kilograms, that the person was authorised to take each year under an eligible licence.(2)If an eligible person was authorised to take prescribed hand-harvest ITQ fish under 2 or more eligible licences, the person’s quota entitlement for the hand-harvest ITQ units is the sum of the amounts the person was authorised to take under all of the licences.5 Issue of hand-harvest ITQ units
The chief executive must, on or before 31 August 2021, issue to each eligible person a hand-harvest ITQ unit for each kilogram of the eligible person’s quota entitlement for the units worked out under section 4.6 When hand-harvest ITQ units take effect
Hand-harvest ITQ units issued under this schedule take effect on 1 September 2021.7 Hand-harvest ITQ certificate
(1)The chief executive must issue a certificate (a hand-harvest ITQ certificate) to each person who holds harvest-ITQ units.(2)The hand-harvest ITQ certificate must state the following—(a)the holder’s name;(b)for each type of hand-harvest ITQ units, that the units are issued for the taking of prescribed hand-harvest ITQ fish;(c)how many hand-harvest ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the hand-harvest ITQ units under section 61 of the Act—the conditions.
77 Amendment of sch 3 (Declared fish habitat areas)
(1)Schedule 3, entry for Baffle Creek FHA–031, column 2, ‘within conservation parks’—
omit.(2)Schedule 3, entry for Baffle Creek FHA–031, column 2, last 4 dot points—
omit.(3)Schedule 3, entry for Cawarral Creek FHA–050 (revision 1), column 2, before the first line—
insert—
The declared fish habitat area includes the part of lot 2 on SP129098 shown within the outer boundary shown on the fish habitat area plan for the area.
(4)Schedule 3, entry for Kinkuna FHA–002 (revision 1), column 2, from ‘includes’ to ‘plan.’—
omit, insert—includes the following—
•the part of lot 112 on plan CK3120 within the outer boundary shown on the fish habitat area plan for the area•the part of the esplanade on the northern bank of Coonar Creek within the outer boundary shown on the fish habitat area plan for the area.(5)Schedule 3, entry for Princess Charlotte Bay FHA–043, column 2, ‘plan NPW365’—
omit, insert—SP224292
(6)Schedule 3, ‘outer boundary shown on the plan’—
omit, insert—outer boundary shown on the fish habitat area plan for the area
78 Amendment of sch 7 (References relating to particular fish)
(1)Schedule 7, part 5, entry for Balmain bug—
omit, insert—
Balmain bug
Ibacus spp.
(2)Schedule 7, part 6, entries for snapper and Southern herring—
omit.(3)Schedule 7, part 6—
insert—
herring
genus Herklotsichthys
red spot whiting
Sillago flindersi
snapper
Chrysophrys auratus
stout whiting
Sillago robusta
whiting
Sillago spp.
79 Amendment of sch 9 (References relating to boats)
(1)Schedule 9, sections 1 to 4—
omit, insert—1 Definition for schedule
In this schedule—National Standard for Commercial Vessels means the National Standard for Commercial Vessels published by the Australian Maritime Safety Authority on its website.2 Meaning of breadth of particular boats
The breadth of a boat that is a domestic commercial vessel is the breadth of the boat within the meaning given by the National Standard for Commercial Vessels, Part B, Schedule 3.3 Meaning of depth of particular boats
The depth of a boat that is a domestic commercial vessel is the depth of the boat worked out under the National Standard for Commercial Vessels, Part B, Schedule 1.4 Meaning of length of particular boats
The length of a boat that is a domestic commercial vessel is the measured length of the boat worked out under the National Standard for Commercial Vessels, Part B, Schedule 2.
(10)Schedule 2, part 2, entry for tailor, after third row—
insert—
F
a form other than—
(a) whole; or(b) gilled and gutteda person possessing the fish on a commercial fishing boat in waters east of longitude 142º31'49'' east
(11)Schedule 2, part 2, entry for white shark, column 4, from ‘other than’—
omit.(12)Schedule 2, part 2, after entry for whitetip reef shark—
insert—
whiting other than prescribed whiting within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 8, section 20
F
a form other than—
(a) whole; or(b) gilled and gutteda person possessing the fish on a commercial fishing boat in waters east of longitude 142º31'49'' east
(13)Schedule 2, part 2, entry for yellowfin bream, after first row—
insert—
F
a form other than—
(a) whole; or(b) gilled and gutteda person possessing the fish on a commercial fishing boat in waters east of longitude 142º31'49'' east
184 Amendment of sch 5 (Dictionary)
Schedule 5, definitions diameter, effort units, M1 and M2 area, monofilament and Moreton Bay (trawling)—
omit.
Part 3 Amendment of Fisheries (General) Regulation 2019
185 Regulation amended
This part amends the Fisheries (General) Regulation 2019.Note—
See also the amendments in schedule 3.
186 Insertion of new ss 15A–15D
After section 15—
insert—15A References relating to fishing operations
(1)A fishing operation starts and ends as follows—(a)a fishing operation 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 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;(c)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)a place used for landing a boat, including, for example, a marina berth, wharf or mooring; or(b)another place within 0.5n miles of a part of the State where landing of a boat is practicable.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.
187 Amendment of s 66 (Criteria for suspending effort units)
(1)Section 66(1), ‘T1 effort units or T2 effort units’—
omit, insert—effort units for a trawl region
(2)Section 66(2), example—
omit, insert—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.
188 Amendment of s 82 (Definitions for part)
Section 82, definition landing place—
omit.
189 Amendment of s 85 (Periods during which equipment must be working properly)
Section 85(2)—
omit, insert—(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.
190 Amendment of s 100 (Definitions for chapter)
Section 100, definition relevant authority—
omit, insert—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.
191 Replacement of ch 5, pt 4 (Wholesale sale of fisheries resources)
Chapter 5, part 4—
omit, insert—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 filletsseafood 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.
192 Amendment of s 130 (Prescribed matters for evidentiary certificates—Act, s 184)
Section 130, after ‘chapter 5’—
insert—or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5
193 Insertion of new ch 7, pt 2, div 3
Chapter 7, part 2, as inserted by this regulation—
insert—Division 3 Amendments commencing on 1 September 2021
160 Fees for fishery symbols and quota authorities for financial year starting 1 July 2021
(1)The fees stated in new schedule 6, part 2 apply to fishery symbols and quota authorities from 1 January 2022.(2)For the financial year starting on 1 July 2021 (the 21-22 financial year)—(a)the fees for a fishery symbol or quota authority for the period from 1 July 2021 to 31 December 2021 are the proportion of the fees stated in former schedule 6, part 2 attributable to the first 6 months of the financial year; and(b)the fees for a fishery symbol or quota authority for the period from 1 January 2022 to 30 June 2022 are the proportion of the fees stated in new schedule 6, part 2 attributable to the last 6 months of the financial year.(3)However, the fee payable for a new quota authority for the 21-22 financial year—(a)is the proportion of the annual fee stated in new schedule 6, part 2 for the authority attributable to the last 6 months of the financial year; and(b)is payable on or before 1 January 2022.(4)Subsection (5) applies if—(a)before the commencement, the holder of an existing authority paid a fee stated in former schedule 6, part 2 for the authority for the 21-22 financial year (the paid amount); and(b)the paid amount is different to the fee payable for the authority for the 21-22 financial year under subsection (2) (the payable amount).(5)The chief executive must—(a)if the paid amount is higher than the payable amount—refund the difference between the paid amount and payable amount to the holder; or(b)if the paid amount is lower than the payable amount—give the holder a written notice stating the payable amount and the date, no earlier than 1 January 2022, by which the difference between the paid amount and payable amount is due.(6)This section does not limit section 142 or 143.(7)In this section—existing authority means an authority other than a new quota authority.former schedule 6, part 2 means schedule 6, part 2 as in force immediately before the commencement.new quota authority means—(a)an effort unit for the Moreton Bay trawl region; or(b)an ENL-ITQ unit; or(c)a C1-ITQ unit.new schedule 6, part 2 means schedule 6, part 2 as in force on the commencement.161 Continued application of ch 5, pt 2 to particular licences
(1)This section applies if the relevant period under chapter 5, part 2 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.(2)Chapter 5, part 2 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.162 Continued application of ch 5, pt 3 to particular licences
(1)This section applies if the relevant period under chapter 5, part 3 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.(2)Chapter 5, part 3 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.163 References to T1 effort units and T2 effort units
In a document, if the context permits—(a)a reference to T1 effort units is taken to be a reference to effort units for a trawl region; and(b)a reference to T2 effort units is taken to be a reference to effort units for the southern offshore trawl region B.
194 Amendment of sch 4 (Matters for particular fisheries offences under the Act)
Schedule 4, part 1, entry for mud crab—
omit, insert—
mud crab
35
28 (or 14 if only meat)
195 Amendment of sch 6 (Other fees)
(1)Schedule 6, part 2—
omit, insert—Part 2 Fees for fishery symbols or quota authorities
Fishery symbol or quota authority
$
East coast trawl fishery
M1
nil
M2
395.60
T1
nil
T2
nil
T5
395.60
T6
395.60
T7
395.60
T8
395.60
T9
395.60
effort unit for a trawl region
0.4095
Commercial line fisheries
L1
395.60
L2
395.60
L3
395.60
L4
1,159.30
L8
1,159.30
Commercial net fisheries
K1
791.20
K2
791.20
K3
791.20
K4
791.20
K5
791.20
K6
791.20
K7
791.20
K8
791.20
N1
395.60
N2
791.20
N3
1,500.55
N4
3,000.90
N10
1,159.30
N11
204.55
N12
23,837.80
N13
13,243.25
ENL-ITQ unit
0.10
Commercial crab fisheries
C1
395.60
C2
nil
C3
395.60
C2-ITQ unit
1.0230
BC1-ITQ unit
3.48
EC1-ITQ unit
2.43
GC1-ITQ unit
3.88
Hand-harvest fisheries
A1
395.60
A2
129.60
E
129.60
F
129.60
G
129.60
H
129.60
JE
129.60
O
68.1994/area
P
395.60
W1
129.60
W2
129.60
Y
129.60
B1B-ITQ unit
0.136398
B1W-ITQ unit
0.136398
B1O-ITQ unit
0.136398
DO-ITQ unit
0.068199
DS-ITQ unit
0.068199
J1-ITQ unit
0.136398
R-ITQ unit
0.4095
Other commercial fisheries
SM
nil
SM unit
0.2045
S
791.20
T4
395.60
T4-ITQ unit
0.03820
RQ
nil
CT line unit
0.4095
OS line unit
0.2045
RTE line unit
0.2045
(2)Schedule 6, part 3, item 4, after ‘for’—
insert—a filleting permit or
196 Amendment of sch 10 (References relating to fishing apparatus)
(1)Schedule 10, part 2—
insert—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.(2)Schedule 10, part 2—
insert—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.
197 Amendment of sch 11 (Dictionary)
(1)Schedule 11, definitions land and landing place—
omit.(2)Schedule 11—
insert—central trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 139.commercial fisher in control, of a fishing operation, see section 15B.day, of a fishing operation, see section 15A(2).diameter, of monofilament of a net, see schedule 10, part 2, section 18A.ends, for a fishing operation, see section 15A(1).lands—(a)for a boat, see section 15C(1); or(b)for a fish taken without using a boat, see section 15D(1).landing place—(a)for a boat, see section 15C(2); or(b)for fish taken without using a boat, see section 15D(2).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.northern trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 138.outside fishing operation day, for a primary commercial fishing licence, see section 15A(3).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.starts, for a fishing operation, see section 15A(1).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.(3)Schedule 11, definition entitlement, paragraph (a), ‘T1 effort units or T2’—
omit.(4)Schedule 11, definition entitlement—
insert—(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.
Part 4 Minor and consequential amendments
198 Legislation amended
Schedule 3 amends the legislation it mentions.
Schedule 1 Minor and consequential amendments commencing on notification
section 82
Fisheries (Commercial Fisheries) Regulation 2019
1 Sections 98–101—
Sections 98 to 101 are amended as follows—(a)by omitting each reference to ‘ITQ units’ and inserting ‘C2-ITQ units’;(b)by omitting each reference to ‘an ITQ’ and inserting ‘a C2-ITQ’;(c)by omitting each reference to ‘the ITQ’ and inserting ‘the C2-ITQ’;(d)by omitting each reference to ‘ITQ’ not otherwise amended in paragraphs (a) to (c) and inserting ‘C2-ITQ’.
2 Schedule 2, section 169(2)(b)—
omit, insert—(b)is at least—(i)3,380mm wide; and(ii)1,320mm long; and
3 Schedule 4, part 2, division 3, heading—
omit, insert—Division 3 Condition
4 Schedule 4, section 54, ‘conditions’—
omit, insert—a condition
5 Schedule 4, part 3, division 3, heading—
omit, insert—Division 3 Condition
6 Schedule 4, section 69, ‘conditions’—
omit, insert—a condition
7 Schedule 4, part 4, division 3, heading—
omit, insert—Division 3 Condition
8 Schedule 4, section 83, ‘conditions’—
omit, insert—a condition
9 Schedule 4, part 5, division 3, heading—
omit, insert—Division 3 Condition
10 Schedule 4, section 94, ‘conditions’—
omit, insert—a condition
11 Schedule 4, part 8, division 3, heading—
omit, insert—Division 3 Condition
12 Schedule 4, section 138, ‘conditions’—
omit, insert—a condition
13 Schedule 4, part 9, division 3, heading—
omit, insert—Division 3 Condition
14 Schedule 4, section 150, ‘conditions’—
omit, insert—a condition
15 Schedule 6, part 4, heading—
omit, insert—Part 4 Condition
16 Schedule 6, section 9, ‘conditions’—
omit, insert—a condition
17 Schedule 7, section 17(2), after ‘a crab under’—
insert—the
18 Schedule 7, part 2, division 4, heading—
omit, insert—Division 3 Condition
19 Schedule 7, section 22, ‘conditions’—
omit, insert—a condition
20 Schedule 7, section 30(2), before ‘fishery symbol’—
insert—the
21 Schedule 11—
omit the following definitions—•Brisbane River mouth area—north•Brisbane River mouth area—south•Brisbane River–Victoria Bridge to Juno Point area•Llewellyn Bay area
•Logan River area•Sinclair Bay area.
Fisheries Declaration 2019
1 References to particular licences
Each of the provisions in column 1 is amended by omitting the words in column 2 and inserting the words in column 3—
Column 1
Column 2
Column 3
Provision
Words omitted
Words inserted
section 15(a)
a licence on which is written the fishery symbol ‘A1’ or ‘A2’
an A1 or A2 licence
section 16(1)(a)
licence on which is written the fishery symbol ‘C2’
C2 licence
section 19(1)
licence on which is written the fishery symbol ‘JE’
JE licence
2 Section 150(4)(b), ‘at least’—
omit, insert—no less than
Fisheries (General) Regulation 2019
1 Section 73(h)(ii), ‘beam’—
omit, insert—breadth
Schedule 2 Minor and consequential amendments commencing on 1 January 2021
section 124
Fisheries (Commercial Fisheries) Regulation 2019
1 Sections 7 and 15(1)(b), ‘a licence’—
omit, insert—a primary commercial fishing licence
2 Sections 14(1), 18(1)(a), 19(1)(a) and 22(1), ‘commercial fishing boat licence’—
omit, insert—primary commercial fishing licence
3 Section 57(2)(b), ‘commercial fishing boat licences’—
omit, insert—primary commercial fishing licences
4 Sections 69(1) and (2), ‘the boat identified’—
omit, insert—the primary boat identified
5 Schedule 4, section 28(2)(b), ‘commercial fishing boat licence’—
omit, insert—primary commercial fishing licence
6 Schedule 7, sections 17(1) and 30(1), ‘a licence’—
omit, insert—a primary commercial fishing licence
7 Schedule 11, definition assistant fisher, ‘section 33’—
omit, insert—section 44
Fisheries Declaration 2019
1 Section 90(1)(b), ‘possess or use a boat that is identified under’—
omit, insert—use the primary boat identified in
2 Section 91(2)(b), ‘a boat that is identified under’—
omit, insert—the primary boat identified in
3 Section 93(2)(a) and (b) and (3), ‘a boat’—
omit, insert—the primary boat
4 Schedule 2, part 2, entries for cuttlefish, octopus, squid and threadfin bream, ‘a boat’—
omit, insert—the primary boat
Fisheries (General) Regulation 2019
1 Section 47(2)(a)(i), ‘commercial fishing boat licence’—
omit, insert—primary commercial fishing licence
2 Section 73(h)(i), before ‘boat identified’—
insert—primary
3 Section 100, definition relevant authority, paragraph (b)—
omit, insert—(b)a primary commercial fishing licence; or
4 Schedule 11, definition assistant fisher—
omit, insert—assistant fisher see the Fisheries (Commercial Fisheries) Regulation 2019, section 44.
Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004
1 Schedule 11, definition primary commercial fishing boat licence, ‘a commercial fishing boat licence’—
omit, insert—a primary commercial fishing licence
Marine Parks (Great Sandy) Zoning Plan 2017
1 Section 76(5), definition dory, ‘a commercial’—
omit, insert—a primary commercial
2 Section 76(5), definition primary commercial fishing boat, from ‘commercial fishing boat licence’—
omit, insert—primary commercial fishing licence.
3 Section 76(5)—
insert—primary commercial fishing licence means a primary commercial fishing licence issued under the Fisheries Act 1994.
4 Section 76(5), definition relevant primary boat, ‘commercial fishing boat licence’—
omit, insert—primary commercial fishing licence
Rural and Regional Adjustment Regulation 2011
1 Schedule 33, section 4(2), definition commercial fishing boat licence, ‘a commercial fishing boat licence’—
omit, insert—a primary commercial fishing licence
2 Schedule 33, section 5(2), definition commercial harvest fishery licence, after ‘1994’—
insert—, including a commercial harvest fishery licence taken to be a primary commercial fishing licence under the Fisheries (General) Regulation 2019, section 155.
Schedule 3 Minor and consequential amendments commencing on 1 September 2021
section 198
Fisheries (Commercial Fisheries) Regulation 2019
1 Section 3(3), note, paragraphs 2 to 5—
renumber as paragraphs 3 to 6.
2 Section 3(3), note—
insert—2section 15A of that regulation for the interpretation of references relating to fishing operations; and
3 Section 94(1)(a) and (2), ‘(in whole weight) of the’—
omit, insert—of (whole weight)
4 Section 95(1), ‘for the line units’—
omit.
5 Section 100(1)(a), after ‘amount of’—
insert—(whole weight)
6 Section 100(3)—
omit.
7 Section 105(1)(a), after ‘amount of’—
insert—(whole weight)
8 Section 105(2), after ‘(whole weight)’—
insert—prescribed
9 Section 105(3)—
omit.
10 Schedule 8, section 22(4)(c), ‘part 6’—
omit, insert—part 2, division 11
11 Schedule 11—
omit the following definitions—•central area•Comboyuro Point to Caloundra Head area•Fisherman Island area•Great Sandy Strait area•Moreton Bay (trawling)•northern area•T2 area•trap pocket entrance.
12 Schedule 11, definition Cleveland Bay area, ‘section 15’—
omit, insert—section 145
13 Schedule 11, definition deep water net area, ‘section 17’—
omit, insert—section 146
14 Schedule 11, definition escape hole, ‘section 166(2)(b)’—
omit, insert—section 115(2)(b)
15 Schedule 11, definition Facing Island area, ‘section 18’—
omit, insert—section 147
16 Schedule 11, definition fishery provision, ‘1 to 8’—
omit, insert—2 to 8
17 Schedule 11, definition Fitzroy River mouth area, ‘section 20’—
omit, insert—section 148
18 Schedule 11, definition Hervey Bay area, ‘section 22’—
omit, insert—section 149
19 Schedule 11, definition Keppel Bay area, ‘section 23’—
omit, insert—section 150
20 Schedule 11, definition Laguna Bay area, ‘section 24’—
omit, insert—section 151
21 Schedule 11, definition principal bug, ‘section 4(a)(iii)’—
omit, insert—section 4(a)(ii)
22 Schedule 11, definition recognised BRD, ‘section 146’—
omit, insert—section 97
23 Schedule 11, definition recognised TED, ‘section 166(1)(a)’—
omit, insert—section 115(1)(a)
24 Schedule 11, definition Repulse Bay area, ‘section 30’—
omit, insert—section 152
25 Schedule 11, definition T1 area, ‘section 32’—
omit, insert—section 153
26 Schedule 11, definition T5 area, ‘section 34’—
omit, insert—section 154
27 Schedule 11, definition T6 area, ‘section 35’—
omit, insert—section 155
28 Schedule 11, definition T7 area, ‘section 36’—
omit, insert—section 156
29 Schedule 11, definition T8 area, ‘section 37’—
omit, insert—section 157
30 Schedule 11, definition T9 area, ‘section 38’—
omit, insert—section 158
Fisheries (General) Regulation 2019
1 Schedule 11, definitions fishery provision, relevant quantity particulars, sale docket and whole weight—
omit.
2 Schedule 11—
insert—fishery provision, about a commercial fishery, means a provision of the Fisheries (Commercial Fisheries) Regulation 2019, schedules 2 to 8 about the fishery.quantity particulars, for a species of fish, for chapter 5, part 4, see section 110.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.seafood food safety scheme, for chapter 5, part 4, see section 110.whole weight, for an amount of fish, see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 11.
Marine Parks (Moreton Bay) Zoning Plan 2019
1 Schedule 5, definition aquarium fish fishery, ‘schedule 1’—
omit, insert—schedule 7A
2 Schedule 5, definition beachworm fishery, ‘schedule 1, part 12’—
omit, insert—schedule 7A, part 13
3 Schedule 5, definitions harvest fishery and relevant accredited harvest fishery, ‘schedule 1’—
omit, insert—schedule 7A
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