Fisheries Regulation 2001 (ACT)

Fisheries Regulation 2001   

SL2001-29

made under the

Fisheries Act 2000

Republication No 8

Effective:  18 November 2019

Republication date: 18 November 2019

Last amendment made by A2019‑27

About this republication

The republished law

This is a republication of the Fisheries Regulation 2001, made under the Fisheries Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 November 2019.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 November 2019. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Fisheries Regulation 2001

made under the

Fisheries Act 2000

Contents

Page

1            Name of regulation  2

2            Notes  2

2AOffences against regulation—application of Criminal Code etc 2

3            Prescribed number of fish—Act, s 37 (1)  2

4            Prescribed quantity of fish—Act, s 45 (1)  2

4AA           Aquaculture capacity limit—Act, s 48  3

4A          Commercial quantity—Act, dict, def commercial quantity  3

5            Hoop nets  3

Endnotes

1            About the endnotes  4

2            Abbreviation key  4

3            Legislation history  5

4            Amendment history  6

5            Earlier republications  7

Fisheries Regulation 2001

made under the

Fisheries Act 2000

1. Name of regulation

   This regulation is the Fisheries Regulation 2001.

2. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2AOffences against regulation—application of Criminal Code etc

Other legislation applies in relation to offences against this regulation.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

1. Prescribed number of fish—Act, s 37 (1)

   The number of fish prescribed for any period is zero.

2. Prescribed quantity of fish—Act, s 45 (1)

   The quantity of fish prescribed is 0kg.

4AAAquaculture capacity limit—Act, s 48

The prescribed aquaculture capacity limit is 10 000L.

4ACommercial quantity—Act, dict, def commercial quantity

The quantity of fish of a priority species that is a commercial quantity is as follows:

(a)for abalone—100 or more;

(b)Murray Cod—20 or more;

(c)for rock lobster—20 or more.

1. Hoop nets

   (1)This section applies if the Minister declares under the Act, section 17 (Declaration of fishing gear) that hoop nets are fishing gear that may be used for taking fish (or a particular kind of fish).

   (2)A person must not use a hoop net other than by lowering it into the water and drawing it out by hand vertically.

   Maximum penalty: 5 penalty units.

   (3)An offence against this section is a strict liability offence.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally the Fisheries Regulations 2001.  It was renamed under the Legislation Act 2001.

   Fisheries Regulation 2001 A2001‑29

   notified 30 August 2001 (Gaz 2001 No 35)
   commenced 30 August 2001 (s 2)

   as amended by

   Statute Law Amendment Act 2002 A2002-30 pt 3.30

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
   pt 3.30 commenced 17 September 2002 (s 2 (1))

   Fisheries Amendment Regulations 2004 (No 1) SL2004-2

   notified LR 15 January 2004
   s 1, s 2 commenced 15 January 2004 (LA s 75 (1))
   remainder commenced 16 January 2004 (s 2)

   Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.22

   notified LR 27 October 2005
   s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
   sch 1 pt 1.22 commenced 24 November 2005 (s 2)

   Fisheries Amendment Act 2006 A2006-48 s 24

   notified LR 28 November 2006
   s 1, s 2 commenced 28 November 2006 (LA s 75 (1))
   s 24 commenced 29 November 2006 (s 2)

   Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.14

   notified LR 20 June 2007
   s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))

   sch 3 pt 3.14 commenced 11 July 2007 (s 2 (1))

   Fisheries Legislation Amendment Act 2019 A2019-27 pt 3

   notified LR 2 October 2019
   s 1, s 2 commenced 2 October 2019 (LA s 75 (1))

   pt 3 commenced 18 November 2019 (s 2 and CN2019-17)

2. Amendment history

   Name of regulation

   s 1am R4 LA

   Notes

   s 2om LA s 89 (4)

   ins A2005‑54 amdt 1.154

   Offences against regulation—application of Criminal Code etc

   s 2Ains A2005‑54 amdt 1.154

   Prescribed number of fish—Act, s 37 (1)

   s 3sub A2002‑30 amdt 3.374

   Prescribed quantity of fish—Act, s 45 (1)

   s 4sub A2002‑30 amdt 3.374

   Aquaculture capacity limit—Act, s 48

   s 4AAins A2019‑27 s 77

   Commercial quantity—Act, dict, def commercial quantity

   s 4A hdgsub A2007‑16 amdt 3.62

   s 4Ains A2006‑48 s 24

   am A2019‑27 s 78; pars renum R8 LA

   Hoop nets

   s 5sub A2005‑54 amdt 1.155

   Infringement notice offences—Act, s 90, def of infringement notice offence

   s 6om SL2004‑2 s 4

   Infringement notice penalties—Act, s 90, def of infringement notice penalty

   s 7om SL2004‑2 s 4

   Cost of serving reminder notice—Act, s 90, def of infringement notice penalty, par (b)

   s 8om SL2004‑2 s 4

   Infringement notice offences and penalties

   sch 1om SL2004‑2 s 4

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 30 Aug 2001	30 Aug 2001– 16 Sept 2002	not amended	new regulation
R2 23 Sept 2002	17 Sept 2002– 15 Jan 2004	A2002‑30	amendments by A2002‑30
R3 16 Jan 2004	16 Jan 2004– 1 Nov 2004	SL2004‑2	amendments by SL2004‑2
R4 2 Nov 2004	2 Nov 2004– 23 Nov 2005	SL2004‑2	includes editorial amendments under Legislation Act
R5 24 Nov 2005	24 Nov 2005– 28 Nov 2006	A2005‑54	amendments by A2005‑54
R6 29 Nov 2006	29 Nov 2006– 10 July 2007	A2006‑48	amendments by A2006‑48
R7 11 July 2007	11 July 2007– 17 Nov 2019	A2007‑16	amendments by A2007‑16