Fisheries Management Act 2007 (SA)

South Australia

Fisheries Management Act 2007

An Act to provide for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves, the regulation of fishing and the processing of aquatic resources, the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Fisheries Management Act 2007.

1. (1)

   In this Act, unless the contrary intention appears—

Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent;

aboriginal traditional fishing means fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant aboriginal custom;

aboriginal traditional fishing management plan—see section 60;

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;

advisory committee means an advisory committee established under section 20;

aquaculture has the same meaning as in the Aquaculture Act 2001;

aquaculture fish means fish farmed under an aquaculture licence;

aquaculture licence has the same meaning as in the Aquaculture Act 2001;

aquatic animal means an aquatic animal of any species, and includes the reproductive products and body parts of an aquatic animal;

aquatic mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea);

aquatic plant means an aquatic plant of any species, and includes the reproductive products and parts of an aquatic plant;

aquatic reserve means any waters, or land and waters, declared by proclamation to constitute an aquatic reserve;

aquatic resource means fish or aquatic plants;

aquatic resources of the State means aquatic resources of the waters to which this Act applies but does not include aquatic resources being farmed under an aquaculture licence;

arrangement means—

1. (a)

   an arrangement made by the State with the Commonwealth under Part 4 Division 1 (whether or not it is also made with another State or other States); or

2. (b)

   an agreement made by the State with 1 or more other States under Part 4 Division 3;

Australian fishing zone means the Australian fishing zone as defined in the Commonwealth Act;

authorised person means a fisheries officer, scientific observer or sea ranger;

authority means a licence, permit, registration, authorisation or other authority under this Act;

boat means a vessel or craft that is used, or is capable of being used, as a means of transportation on water;

coastal waters has the same meaning as in the Commonwealth Act;

commercial fishing means fishing for a commercial purpose;

commercial purpose means the purpose of trade or business;

commercial quantity means a quantity declared by the regulations to be a commercial quantity for the…