Fisheries (Sustainable Fisheries Strategy) Amendment Regulation 2019 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Fisheries (Sustainable Fisheries Strategy) Amendment Regulation 2019.

2   Commencement

This regulation commences on 28 May 2019.

Part 2    Amendment of Fisheries Regulation 2008

3   Regulation amended

This part amends the Fisheries Regulation 2008.

Note—

See also the amendments in schedule 1.

4   Replacement of ch 1, pt 2, div 1 (Relationship with East Coast Trawl Plan)

Chapter 1, part 2, division 1—
omit, insert—

Division 1 Relationship with Fisheries Declaration 2019

3   Regulation to be read with Fisheries Declaration 2019

For fisheries declarations, this regulation must be read together with the Fisheries Declaration 2019.

Note—

See the Fisheries Declaration 2019, section 3 about the interpretation of terms in the declaration.

5   Insertion of new s 4A

After section 4—
insert—

4A   Meaning of stowed and secured—Act, s 77A

(1)This section prescribes the meaning of stowed and secured for section 77A(4) of the Act and this regulation.

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

6   Particular references to management plan

Each of the following provisions is amended by omitting the words ‘management plan’ and inserting the word ‘declaration’—

•section 6(3)

•section 7(1)

•section 557(4)

•section 600O(4)

•section 614H(3)(b).

7   Omission of ss 10–12

Sections 10 to 12—
omit.

8   Omission of chs 2–4

Chapters 2 to 4—
omit.

9   Omission of ch 5, pt 2, div 1, sdiv 1, hdg (Prescribed authorities)

Chapter 5, part 2, division 1, subdivision 1, heading—
omit.

10   Replacement of s 202 (Purpose of sdiv 1)

Section 202—
omit, insert—

202   Purpose of division

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

11   Omission of s 203 (Types of authorities)

Section 203—
omit.

12   Omission of ch 5, pt 2, div 1, sdiv 2, hdg (Quota authorities)

Chapter 5, part 2, division 1, subdivision 2, heading—
omit.

13   Replacement of s 206 (Types of quota authorities)

Section 206—
omit, insert—

206   Types of quota authorities

The types of quota authorities under the Act are the following—

(a)T1 effort units and T2 effort units under chapter 7A, part 7;

(b)SM units under chapter 10, parts 2 to 6;

(c)CT line units, OS line units and RTE line units under chapter 10A, parts 2 to 6;

(d)ITQ units under chapter 11, part 1A, division 7;

(e)T4-ITQ units under chapter 11, part 3, division 5.

Note—

Generally speaking, the chief executive may not issue more quota authorities of any of the types mentioned in this section—see sections 392BN, 556A, 591N, 600NA and 614G.

14   Amendment of s 208 (Authorisations subject to regulation, management plans and authorities)

(1)Section 208, heading, ‘management plans’—
omit, insert—

declarations

(2)Section 208(1)(b)—
omit.

(3)Section 208(1)(c)—
renumber as section 208(1)(b).

(4)Section 208(2), ‘management plan’—
omit, insert—

declaration

(5)Section 208(2), examples, first dot point, ‘fisheries declarations under chapter 2, 3 or 4’—
omit, insert—

the Fisheries Declaration 2019

15   Amendment of s 210 (Particulars to be contained in register—Act, s 73)

(1)Section 210(e), after ‘authority’—
insert—

or, if applicable, prescribed for the authority under section 80(1)(b) of the Act

(2)Section 210(h), ‘under the East Coast Trawl Plan’—
omit.

(3)Section 210(h)(ii), ‘worked out under that plan’—
omit.

16   Amendment of s 211 (Holder to notify chief executive of particular changes—Act, s 73)

Section 211(e), after ‘authority’—
insert—

or prescribed for the authority under section 80(1)(b) of the Act

17   Insertion of new s 218D

After section 218C—
insert—

218D    Prohibition on issue of general fisheries permit for using particular nets in particular regulated waters

(1)The chief executive can not issue a general fisheries permit allowing a commercial fisher to use a relevant net to take a fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019, section 65(1).

(2)In this section—

relevant net means a cast net, mesh net, seine net or set pocket net.

18   Amendment of s 245 (Requirement to decide number of tender boats for commercial fishing boat licences)

Section 245—
insert—

(7)The chief executive must give the licence holder an information notice about a decision under subsection (2).

19   Amendment of s 246 (Authorisation under a commercial fishing boat licence)

(1)Section 246(4), ‘and any relevant management plan’—
omit.

(2)Section 246(5)—
omit.

20   Insertion of new s 253BF

After section 253BE—
insert—

253BF    Restrictions on writing east coast trawl fishery symbols

(1)The chief executive may write an east coast trawl fishery symbol on a commercial fishing boat licence only if—

(a)the licence is a replacement licence; or

(b)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence.

(2)However, the chief executive must not approve an application to amend an authority to write an east coast trawl fishery symbol on the authority if the result of the amendment would be—

(a)an ‘M2’ fishery symbol is written on a licence that has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on the licence; or

(b)a ‘T2’ fishery symbol is written on a licence that has an ‘M1’ or ‘T1’ fishery symbol written on the licence; or

(c)an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.

(3)Also, the chief executive must not approve an application to amend an authority to remove an east coast trawl fishery symbol on the authority if the result of the amendment would be an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.

(4)Further, the chief executive must not—

(a)write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat for which—

(i)the hull units are more than 70; or

(ii)the main engine is more than 300 maximum continuous brake kW; or

(b)write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat if—

(i)the boat is longer than 14m; or

(ii)the boat’s main engine is more than 300 maximum continuous brake kW.

(5)In addition, for subsection (1)(b), the chief executive must not write an ‘M2’ fishery symbol on a licence that would allow the use of a boat for which the hull units are more than the hull units for a boat that can be used under the licence from which the fishery symbol is being moved.

(6)Subsection (5) does not apply if the licence holder surrenders another ‘M2’ licence.

(7)In this section—

replacement licence means—

(a)a replacement licence issued under section 71 of the Act to replace a licence that has been lost, damaged or destroyed; or

(b)a licence for a boat to replace another boat licensed to operate in the east coast trawl fishery.

21   Amendment of s 298, hdg (Annual quota)

Section 298, heading, after ‘quota’—
insert—

entitlement

22   Amendment of s 309, hdg (Annual quota)

Section 309, heading, after ‘quota’—
insert—

entitlement

23   Insertion of new ch 7A

After chapter 7—
insert—

Chapter 7A    East coast trawl fishery

Part 1    Preliminary

392   What is the east coast trawl fishery

The east coast trawl fishery is fishing for trade or commerce by the use of trawl nets (trawling) in the east coast trawl fishery area.

392AA    Fishery area

(1)The east coast trawl fishery area means the area of the tidal waters east of longitude 142º31.89' east.

(2)Schedule 10E defines particular areas for the east coast trawl fishery.

Part 2    Licences and fishery symbols

392AB    Licences and fishery symbols for the east coast trawl fishery

(1)The licences for the east coast trawl fishery are the ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’ licences.

(2)The fishery symbols for the east coast trawl fishery are ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’.

Part 3    Taking fish and other general conditions

392AC    What fish may be taken

Only the following fish (each the permitted fish) may be taken under the licence—

(a)any of the following fish (each the principal fish)—

(i)prawns;

(ii)scallops;

(iii)bugs other than Balmain bugs (each a principal bug);

(iv)squid;

(b)any of the following fish, if the fish are taken while taking a principal fish—

(i)Balmain bugs;

(ii)blue swimmer crabs;

(iii)cuttlefish;

(iv)mantis shrimps;

(v)octopus;

(vi)pipefish;

(vii)red champagne lobsters;

(viii)slipper lobsters;

(ix)threadfin bream;

(x)three-spotted crabs.

392AD    Who may take fish

(1)Subject to subsections (2) and (3), fish may be taken in the east coast trawl fishery by trawling, and fish taken in the east coast trawl fishery by trawling may be possessed, only by a person who—

(a)either—

(i)holds a licence for the fishery; or

(ii)has been allowed by the holder of a licence for the fishery to take or possess fish under the licence; and

(b)is a commercial fisher or assistant fisher.

(2)A person mentioned in subsection (1) may take fish under a ‘T1’ or ‘T2’ licence in an effort year only if the licence holder holds unused effort units for the year.

Note—

See section 392BP for when effort units are used for an effort year.

(3)An assistant fisher may, in the east coast trawl fishery, take fish for trade or commerce only if—

(a)the assistant fisher and a commercial fisher are on the same primary boat or tender boat; or

(b)the assistant fisher is on a tender boat for the primary boat for the commercial fishing boat licence under which the fish are being taken.

392AE    Assistant fishers using or possessing commercial fishing apparatus

An assistant fisher may, in the east coast trawl fishery, use or possess commercial fishing apparatus only if—

(a)the assistant fisher and a commercial fisher are on the same primary boat or tender boat; or

(b)the assistant fisher is on a tender boat for the primary boat for the commercial fishing boat licence under which fish are being taken for trade or commerce.

Part 4    Use of BRDs

Division 1 Preliminary

392AF    Application and purpose of part

This part—

(a)applies if, under a provision of part 9, a BRD must be used with a net used under a provision of that part; and

(b)prescribes an additional condition to which the licence under which the net is used is subject.

392AG    Purpose of BRD

The purpose of a BRD is to reduce the level of bycatch taken by the use of the net to the lowest level that allows the economically viable use of the net, having regard to the sustainability of the east coast trawl fishery area’s ecological systems.

Division 2 Licence subject to BRD use condition

392AH    Requirement to achieve purpose

(1)The licence under which the net is used is subject to a condition (the BRD use condition) that the use of the net must achieve the purpose of a BRD.

(2)The BRD use condition also applies to a person acting under the licence.

392AI    How to comply

The BRD use condition mentioned in section 392AH is taken to be complied with if a device (a recognised BRD) is used with the net that complies with—

(a)for an otter trawl net used to trawl for prawns—division 3; or

(b)for an otter trawl net used to trawl for principal bugs or scallops—division 4; or

(c)for a beam trawl net—division 5.

Division 3 Recognised BRDs for otter trawl nets used to trawl for prawns

392AJ    Application of division

This division applies only to an otter trawl net used to trawl for prawns.

392AK    Square mesh cod end—northern area or central area

(1)The cod end of a net used in the northern area or central area is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 50mm; and

(b)at least—

(i)80 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(5)During trawling, nothing must cover any of the square mesh.

392AL    Square mesh cod end—deep water net area

(1)The cod end of a net used in the deep water net area is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)80 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(5)During trawling, nothing must cover any of the square mesh.

392AM    Square mesh cod end—outside of northern area, central area and deep water net area

(1)The cod end of a net used outside of the northern area, central area and deep water net area is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 38mm; and

(b)at least—

(i)80 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)The square mesh must have installed in it a panel made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)300mm wide; and

(ii)300mm long.

(5)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(6)During trawling, nothing must cover any of the square mesh.

392AN    Square mesh panel—outside of central area

(1)A panel of a net used outside of the central area is a recognised BRD if the panel complies with this section.

(2)The panel must be in the top of the cod end of the net.

(3)The panel must consist of a surrounding panel around a centre panel.

(4)The panel must be installed so that—

(a)the trailing edge of the surrounding panel is no more than 35 meshes from the cod end drawstrings of the net; and

(b)the trailing edge of the centre panel is no more than 40 meshes from the cod end drawstrings of the net.

(5)The surrounding panel must be made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)550mm wide; and

(ii)700mm long.

(6)The centre panel must be made of square mesh of—

(a)a mesh size of at least 55mm; and

(b)at least—

(i)250mm wide; and

(ii)300mm long.

(7)During trawling, nothing must cover any of the square mesh.

392AO    Fisheye

(1)An opening, commonly known as a fisheye, in a net used in the east coast trawl fishery is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)held open by a rigid frame that consists of—

(i)a semicircular-shaped frame; and

(ii)an isosceles triangle-shaped frame; and

(b)no more than 66 meshes from the cod end drawstrings of the net.

(3)The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.

(4)The semicircular-shaped frame must be—

(a)at least—

(i)350mm wide; and

(ii)150mm high; and

(b)divided in half by a rigid bar; and

(c)attached, by a rigid bar—

(i)from the midpoint of the semicircular-shaped part of the frame; and

(ii)to the apex of the equal sides of the isosceles triangle-shaped frame.

(5)The shortest side of the isosceles triangle-shaped frame must be—

(a)equal to the width of the semicircular-shaped frame; and

(b)attached, perpendicularly, to the widest part of the semicircular-shaped frame.

(6)During trawling, nothing must cover any part of the opening.

392AP    Bigeye

(1)An opening, commonly known as a bigeye, in a net used in the east coast trawl fishery is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)in the top of the net; and

(b)at least 350mm across the width of the net; and

(c)no more than 66 meshes from the cod end drawstrings of the net.

(3)The edges of the opening must not overlap by more than 200mm.

(4)During trawling—

(a)the part of the opening closest to the mouth of the net must be weighted by chain links or other weights; and

(b)the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 2 floats, each of which is at least—

(i)90mm wide; and

(ii)50mm in diameter; and

(c)nothing must cover any part of the opening.

392AQ    V-cut and bell cod end—outside of central area and deep water net area

(1)A combination of the cod end of a net and a V-cut opening in the cod end used outside of the central area and deep water net area is a recognised BRD if—

(a)the last 33 meshes of the net from the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end; and

(b)the opening complies with subsections (3) and (4); and

(c)nothing covers any part of the opening during trawling.

(2)However, subsection (1)(c) does not apply if—

(a)the meshes are left attached along the forward edge of the opening leaving a flap of net; and

(b)the edges of the flap do not extend wider than the opening during trawling.

(3)The opening must—

(a)be in the top of the net; and

(b)have 2 diagonal forward measurements of 10 bars of the net; and

(c)have a lateral measurement along its forward edge of 11 meshes of the net.

(4)The apex of the opening must not be more than 45 meshes of the net from the drawstrings.

Division 4 Recognised BRDs for otter trawl nets used to trawl for principal bugs or scallops

392AR    Application of division

This division applies only to an otter trawl net used to trawl for principal bugs or scallops.

392AS    Scallop square mesh cod end

(1)The cod end of a net used in the east coast trawl fishery is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 88mm; and

(b)at least—

(i)50 bars in circumference; and

(ii)1,500mm long.

(3)The square mesh must be no more than 15 meshes from the cod end drawstrings of the net.

(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(5)During trawling, nothing must cover any of the square mesh other than a compliant chaffing mat.

(6)In this section—

compliant chaffing mat, for a cod end, means a mat that is attached to the bottom half of the circumference of the cod end—

(a)only—

(i)along the leading edge of the mat; and

(ii)halfway along the length of each side of the mat; and

(iii)at a point on each rear corner of the mat; and

(b)along no more than half of the length of the cod end.

Division 5 Recognised BRDs for beam trawl nets

392AT    Application of division

This division applies only to a beam trawl net.

392AU    Square mesh cod end

(1)The cod end of a net is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 31mm; and

(b)at least—

(i)100 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)The square mesh must have installed in it a panel made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)300mm wide; and

(ii)300mm long.

(5)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(6)During trawling, nothing must cover any of the square mesh.

392AV    Square mesh panel

(1)A panel of a net is a recognised BRD if the panel complies with this section.

(2)The panel must be in the top of the cod end of the net.

(3)The panel must consist of a surrounding panel around a centre panel.

(4)The surrounding panel must be made of square mesh of—

(a)a mesh size of at least 40mm; and

(b)at least—

(i)450mm wide; and

(ii)600mm long.

(5)The centre panel must be made of square mesh of—

(a)a mesh size of at least 50mm; and

(b)at least—

(i)200mm wide; and

(ii)300mm long.

(6)The panel must be installed so that—

(a)the trailing edge of the surrounding panel is no more than 60 meshes from the cod end drawstrings of the net; and

(b)the trailing edge of the centre panel is no more than 65 meshes from the cod end drawstrings of the net.

(7)During trawling, nothing must cover any of the square mesh.

392AW    Fisheye

(1)An opening, commonly known as a fisheye, in a net is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)held open by a rigid frame that consists of—

(i)a semicircular-shaped frame; and

(ii)an isosceles triangle-shaped frame; and

(b)no more than 80 meshes from the cod end drawstrings of the net.

(3)The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.

(4)The semicircular-shaped frame must be—

(a)at least—

(i)230mm wide; and

(ii)100mm high; and

(b)divided in half by a rigid bar; and

(c)attached, by a rigid bar—

(i)from the midpoint of the semicircular-shaped part of the frame; and

(ii)to the apex of the equal sides of the isosceles triangle-shaped frame.

(5)The shortest side of the isosceles triangle-shaped frame must be—

(a)equal to the width of the semicircular-shaped frame; and

(b)attached, perpendicularly, to the widest part of the semicircular-shaped frame.

(6)During trawling, nothing must cover any part of the opening.

392AX    Bigeye

(1)An opening, commonly known as a bigeye, in a net is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)in the top of the net; and

(b)at least 230mm across the width of the net; and

(c)no more than 80 meshes from the cod end drawstrings of the net.

(3)The edges of the opening must not overlap by more than 200mm.

(4)During trawling—

(a)the part of the opening closest to the mouth of the net must be weighted by chain links or other weights; and

(b)the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 1 float that is at least—

(i)90mm wide; and

(ii)50mm in diameter; and

(c)nothing must cover any part of the opening.

392AY    V-cut and bell cod end

(1)A combination of the cod end of a net and a V-cut opening in the cod end is a recognised BRD if—

(a)the following number of the meshes of the net before the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end—

(i)if the net has a mesh size of less than 31mm—50;

(ii)if the net has a mesh size of 31mm or more—40; and

(b)the opening complies with subsections (3) and (4); and

(c)nothing covers any part of the opening during trawling.

(2)However, subsection (1)(c) does not apply if—

(a)the meshes are left attached along the forward edge of the opening leaving a flap of net; and

(b)the edges of the flap do not extend wider than the opening during trawling.

(3)The opening must—

(a)be in the top of the net; and

(b)have 2 diagonal forward measurements of the following number of bars of the net each—

(i)if the net has a mesh size of less than 31mm—15;

(ii)if the net has a mesh size of 31mm or more—12; and

(c)have a lateral measurement along its forward edge of the following number of meshes of the net—

(i)if the net has a mesh size of less than 31mm—16;

(ii)if the net has a mesh size of 31mm or more—13.

(4)The apex of the opening must not be more than the following number of meshes of the net from the drawstrings—

(a)if the net has a mesh size of less than 31mm—65;

(b)if the net has a mesh size of 31mm or more—55.

Part 5    Use of TEDs

Division 1 Preliminary

392AZ    Application and purpose of part

This part—

(a)applies if, under a provision of part 9, a TED must be used with a net used under a provision of that part; and

(b)prescribes an additional condition to which the licence under which the net is used is subject.

392BA    Purpose of TED

The purpose of a TED is to allow turtles to escape immediately after being taken in the net.

Division 2 Licence subject to TED use condition

392BB    Requirement to achieve purpose

(1)The licence under which the net is used is subject to a condition (the TED use condition) that the use of the net must achieve the purpose of a TED.

(2)The TED use condition also applies to a person acting under the licence.

392BC    Compliance with TED use condition

(1)The TED use condition mentioned in section 392BB is taken to have been complied with if—

(a)a device that complies with this part (a recognised TED) is used with the net; and

(b)if an accelerator funnel is attached to a recognised TED—the accelerator funnel complies with section 392BH.

(2)A recognised TED must consist of—

(a)a grid that complies with section 392BD(1) and (2); and

(b)an opening (the escape hole) in the net that complies with section 392BE; and

(c)if the escape hole is in the bottom of the net—

(i)a grid that complies with section 392BD(3); or

(ii)floats that comply with section 392BG; and

(d)a flap covering the escape hole that complies with section 392BF.

Division 3 Requirements for recognised TEDs

392BD    Grid requirements

(1)The grid must—

(a)be at least 810mm wide and 810mm high; and

(b)have vertical bars, spaced no more than 120mm apart, extending from the top to the bottom of the net; and

(c)be constructed as a single solid unit without any hinged or collapsible components; and

(d)be attached to the entire circumference of the net; and

(e)be installed and kept at an angle of between 30º and 55º in the net so that it is inclined towards the escape hole.

(2)The grid must be constructed of rigid material.

(3)Also, if the escape hole is in the bottom of the net, the grid must be—

(a)constructed of a material with a density of no more than the density of seawater; and

(b)appropriately marked with—

(i)the density of the material, expressed in g/cm3 or kg/cm3; and

(ii)the name of the grid’s manufacturer.

392BE    Escape hole requirements

(1)The escape hole must allow turtles to escape immediately after the turtles are taken in the net.

(2)The escape hole must consist of—

(a)a horizontal cut that is—

(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and

(ii)at least 610mm wide; and

(iii)no narrower than the grid, other than for 100mm at either side of the grid; and

(b)2 cuts that are each—

(i)in front of and perpendicular to the trailing edge of the grid; and

(ii)of equal length; and

(iii)at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and

(c)a leading edge cut that, when the net is stretched, is at least—

(i)1,810mm, if the escape hole is covered with a single flap; or

(ii)1,420mm, if the escape hole is covered with a double flap.

(3)Alternatively, the escape hole may consist of—

(a)a horizontal cut that is—

(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and

(ii)at least 1,020mm wide; and

(b)2 all bar cuts that each—

(i)are of equal length and at least 1,360mm long; and

(ii)taper from either end of the horizontal cut mentioned in paragraph (a) to where they meet.

(4)Alternatively, the escape hole may consist of—

(a)a horizontal cut that is—

(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and

(ii)at least 610mm wide; and

(iii)no narrower than the grid, other than for 100mm at either side of the grid; and

(b)2 cuts that are each—

(i)in front of and perpendicular to the trailing edge of the grid; and

(ii)of equal length; and

(iii)at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and

(c)2 all bar cuts that—

(i)each intersect with, and are in front of, the perpendicular cuts mentioned in paragraph (b); and

(ii)are each of equal length and at least 500mm long; and

(iii)allow the escape hole, at the intersections mentioned in subparagraph (i), to stretch to, if the escape hole is covered with a single flap, 1,810mm, or if the escape hole is covered with a double flap, 1,420mm.

(5)In this section—

all bar cut means a cut through parallel opposing bars in a row of meshes.

392BF    Flap requirements

(1)The escape hole must be covered by a rectangular flap attached to the outside of the net.

(2)The flap must consist of 1 panel that—

(a)has a mesh size of no more than—

(i)for a net used to trawl for prawns—50mm; or

(ii)for a net used to trawl for scallops—90mm; and

(b)is at least 3,380mm by 1,320mm; and

(c)does not overlap the escape hole by more than 130mm on either side; and

(d)is not sewn down the outside edges more than 150mm past the trailing edge of the grid; and

(e)is attached, by the longer edge, to the net in front of the leading edge of the escape hole.

(3)Alternatively, the flap may consist of 2 equal-sized panels that—

(a)each have a mesh size of no more than—

(i)for a net used to trawl for prawns—50mm; or

(ii)for a net used to trawl for scallops—90mm; and

(b)are each at least 1,470mm wide; and

(c)do not overlap by more than 380mm along the leading edge of the panels, when each panel is fully stretched; and

(d)are sewn together only along the leading edges of the panels; and

(e)are attached to the net in front of the leading edge of the escape hole.

(4)The trailing edge of a flap must not extend more than 610mm behind the trailing edge of the grid.

392BG    Float requirements

(1)If the escape hole is in the bottom of the net, the following floats must be attached to the grid—

(a)if the grid has a circumference of no more than 3,050mm, at least—

(i)2 small floats; or

(ii)1 medium float;

(b)if the grid has a circumference of more than 3,050mm, at least—

(i)4 small floats; or

(ii)2 medium floats.

(2)Alternatively, the following floats may be attached to the grid—

(a)3 small plastic floats; or

(b)2 medium plastic floats; or

(c)1 large plastic float.

(3)Alternatively, 1 or more floats, with a total buoyancy at least equal to the weight of the recognised TED, may be attached to the grid if—

(a)the buoyancy, expressed in grams or kilograms, of each float is appropriately marked on the float; and

(b)the weight of the recognised TED is appropriately marked on the grid.

(4)In this section—

attached means attached to the top half of the grid—

(a)inside the net and behind the grid; or

(b)outside the net but not attached to a flap.

large plastic float means a float made of hard plastic that is at least 250mm in diameter.

medium float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—

(a)222mm long; and

(b)172mm in diameter.

medium plastic float means a float made of hard plastic that is at least 200mm, but less than 250mm, in diameter.

small float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—

(a)180mm, but less than 222mm, long; and

(b)147mm, but less than 172mm, in diameter.

small plastic float means a float made of hard plastic that is at least 150mm, but less than 200mm, in diameter.

weight means weight expressed in grams or kilograms.

392BH    Accelerator funnel requirements

(1)The accelerator funnel must be made of mesh of a mesh size of at least 38mm but no more than 50mm.

(2)The accelerator funnel must be installed in the leading edge of the net in front of the recognised TED so that—

(a)the leading edge of the accelerator funnel is attached at least 18 meshes in front of the closest point of the grid; and

(b)the trailing edge of the accelerator funnel does not extend past the bars of the grid.

(3)If the recognised TED has an escape hole in the top of the net, the bottom of the trailing edge of the accelerator funnel must be attached to the bottom of the recognised TED by no more than one-third of the circumference of the trailing edge.

(4)If the recognised TED has an escape hole in the bottom of the net, the top of the trailing edge of the accelerator funnel must be attached to the top of the recognised TED by no more than one-third of the circumference of the trailing edge.

(5)The circumference of the trailing edge of the accelerator funnel must be at least—

(a)for an accelerator funnel with a mesh size of at least 38mm but less than 43mm—100 meshes; or

(b)for an accelerator funnel with a mesh size of at least 43mm but less than 48mm—93 meshes; or

(c)for an accelerator funnel with a mesh size of at least of 48mm but less than 50mm—83 meshes; or

(d)for an accelerator funnel with a mesh size of at least 50mm—80 meshes.

Part 6    Communication conditions

392BI    Purpose and application of part

This part prescribes additional conditions to which an ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licence is subject.

392BJ    Obligation to nominate communication mode for boat

(1)The licence holder must, by notice to the chief executive, nominate a mode by which the chief executive or an inspector may communicate with the person in control of the boat identified in the licence whenever the person is on the boat.

(2)The mode—

(a)can not be by the use of a radio or vessel tracking equipment; and

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

Examples of modes that may be nominated—

a facsimile, mobile phone, radiophone or satellite phone

(3)More than 1 mode may be nominated.

(4)The licence holder may change the nominated mode by giving notice of a new nominated mode to the chief executive.

(5)However, the new nominated mode must not be used until the chief executive has advised the licence holder that the notice of the change has been received by the chief executive.

392BK    Obligation to ensure communication with person in control

The licence holder and the person in control of the boat identified in the licence must take all reasonable steps to ensure the chief executive or an inspector is, whenever the person is on the boat, able to communicate with the person by using a nominated communication mode for the boat.

Part 7    Effort units

Division 1 Introduction

392BL    Simplified outline of part

(1)This part provides for the entitlement of effort units and conditions for their transfer.

(2)Divisions 3 and 4 provide for the entitlement of effort units and for working out when they are used.

(3)Divisions 5, 6 and 7 prescribe conditions for the transfer of effort units, provide for the registration of transferred effort units and provide for the entitlement under transferred effort units.

(4)Division 9 provides for usage notices.

Division 2 General provisions about effort units

392BM    Nature of an effort unit

Each effort unit is—

(a)a quota authority; and

(b)subject to the quota entitlement provided for under division 3.

392BN    Restriction on issue of effort units

The chief executive must not issue effort units.

Division 3 Effort unit entitlement and use

392BO    Entitlement under effort units

(1)The effort units held by a person authorise the person, in an effort year, to—

(a)if the effort units are effort units that can be used in conjunction with ‘T1’ licences (T1 effort units)—

(i)use, or allow someone else to use, the boat identified in any ‘T1’ licence also held by the person until the effort units have been used; and

(ii)use, or allow someone else to use, each of the boats for 4 additional days (each a steaming day); or

(b)if the effort units are effort units that can be used in conjunction with ‘T2’ licences (T2 effort units)—

(i)use the boat identified in any ‘T2’ licence also held by the person until the effort units have been used; and

(ii)use each of the boats for 4 additional days (each also a steaming day).

(2)However, the entitlement applies only while—

(a)for T1 effort units—the person also holds a ‘T1’ licence that is in force; and

(b)for T2 effort units—the person also holds a ‘T2’ licence that is in force.

(3)The authorisation under this section is subject to division 7.

(4)The authorisation under this section for an effort year—

(a)is the person’s entitlement under the person’s effort units for the year; and

(b)imposes a quota on the entitlement for the effort year.

(5)The entitlement is subject to any relevant prohibitions or restrictions under this regulation, the effort unit or the ‘T1’ licence or ‘T2’ licence.

Examples of relevant restrictions—

•restrictions under a fisheries declaration

•conditions applying generally to licences with fishery symbols under chapter 6, part 6

392BP    When effort units are used for an effort year

(1)This section provides for when effort units held by a person are used for an effort year.

(2)Effort units are not used until the holder, or anyone else allowed by the holder, has, under section 392BQ, used a boat identified in a ‘T1’ licence or ‘T2’ licence on a fishing day for effort units.

(3)The number of effort units used on the fishing day is worked out by applying the following formula—      where—

EU means the number of effort units used on the fishing day.

EUCF means the effort unit conversion factor for the boat used.

392BQ    Provisions for working out use of entitlement

(1)This section provides for rules to work out whether a boat has been used on a fishing or steaming day to decide whether the entitlement of the holder of effort units has been used.

(2)The period of each fishing and steaming day for the effort units is from midday to midday.

(3)However, if the holder has given the chief executive notice of 24 hours or more that the period of the days is to be—

(a)from midnight to midnight—the period is from midnight to midnight; or

(b)from 6p.m. to 6p.m.—the period is from 6p.m. to 6p.m.

(4)Subsection (3)(b) applies only if the licence is also an ‘M1’ licence.

(5)If the holder uses the boat in any part of a fishing or steaming day, the holder is taken to have used the boat for the whole of the day.

(6)Despite subsections (3) to (5)—

(a)the use of the boat for the whole or part of the first 12 hours of an effort year is not included in the working out of whether the boat has been used on a fishing or steaming day if—

(i)under subsection (3)(a), the period of the fishing or steaming day is from midnight to midnight; and

(ii)the boat has, in the preceding 12 hours, been used under an east coast trawl fishery symbol; and

(b)the use of the boat for the whole or part of the first 6 hours of an effort year is not included in the working out of whether the boat has been used on a fishing or steaming day if—

(i)under subsection (3)(b), the period of the fishing or steaming day is from 6p.m. to 6p.m.; and

(ii)the boat has, in the preceding 18 hours, been used under an east coast trawl fishery symbol.

(7)The boat is taken to have been used on fishing days for effort units before it is used on steaming days.

(8)In this section—

notice includes a notice given by facsimile, radio or telephone.

392BR    No carrying forward of unused entitlement

(1)This section applies if, in an effort year, the holder of effort units fishes on fewer days than the total entitlements under the effort units.

(2)The holder is taken, at the end of the effort year, to have used all the entitlements under the effort units held by the holder for the year.

392BS    Content of effort unit certificates

An effort unit certificate must state each of the following—

(a)the name of the person who holds the effort units mentioned in the certificate;

(b)if the holder has T1 effort units—how many of them the holder has;

(c)if the holder has T2 effort units—how many of them the holder has;

(d)if the chief executive has imposed conditions on the effort units—the conditions;

(e)if the chief executive has suspended any of the effort units—

(i)the number of effort units suspended; and

(ii)the period of the suspension.

392BT    Evidentiary provision for effort unit certificate

An effort unit certificate is evidence of—

(a)the number of effort units held when the certificate was—

(i)issued; or

(ii)changed or replaced under section 93 of the repealed 2010 Plan or section 392CI; and

(b)the conditions, if any, imposed on the effort units.

Division 4 Evidentiary aids for use of entitlement

Subdivision 1 Evidentiary aids for when a fishing or steaming day is used

392BU    Location detected or reported

(1)This section applies if the boat identified in a ‘T1’ licence or ‘T2’ licence is detected by vessel tracking equipment or manually reported at any time during a day (the relevant day) within the following area—

(a)for a boat identified in a ‘T1’ licence—

(i)generally—the ‘T1’ area; and

(ii)if the licence also has an ‘M1’ fishery symbol written on it—the ‘M1’ and ‘M2’ area;

(b)for a boat identified in a ‘T2’ licence—the ‘T2’ area.

(2)The detection or manual report is evidence that the licence holder has used the boat for a whole fishing day or steaming day for—

(a)if the licence is a ‘T1’ licence—T1 effort units; or

(b)if the licence is a ‘T2’ licence—T2 effort units.

(3)However, subsection (2) does not apply if—

(a)an exception for this section stated in subdivision 2 applies for the relevant day; or

(b)the licence holder satisfies the chief executive the boat was not used on the relevant day.

392BV    Location not detected or reported

(1)This section applies if at any time during a day (the relevant time)—

(a)section 80 of the Act applied to the use of a boat identified in a ‘T1’ or ‘T2’ licence; and

(b)the boat is not detected by vessel tracking equipment anywhere; and

(c)the boat’s location is not manually reported.

(2)The absence of the detection or manual report is evidence that the boat was used for a whole fishing day or steaming day for—

(a)if the licence is a ‘T1’ licence—T1 effort units; or

(b)if the licence is a ‘T2’ licence—T2 effort units.

(3)However, subsection (2) does not apply if the licence holder satisfies the chief executive that the boat was not being used at the relevant time.

392BW    Particular notice is evidence of unused entitlement

(1)This section applies if the holder of effort units has obtained a written notice from the chief executive stating the amount of unused entitlement under the holder’s effort units for a stated effort year on a stated date.

(2)The notice is evidence of the amount of unused entitlement under the effort units for the stated effort year on the stated date.

Subdivision 2 Exceptions

392BX    Exception—movement only at travelling speed

(1)It is an exception for section 392BU(3)(a) if, during the whole of the day, the boat is detected by vessel tracking equipment or manually reported as—

(a)not having moved; or

(b)having moved at a speed of at least 5 knots.

(2)For subsection (1)(b), if a boat is detected by vessel tracking equipment or manually reported as having moved continuously during a period, the first or last time the boat is detected or manually reported during the period must be disregarded if, at the time, the boat is detected or manually reported as moving at a speed of less than 5 knots.

(3)This section does not limit sections 392BZ and 392CB.

392BY    Exception—minimum boat movement

(1)It is an exception for section 392BU(3)(a) if, during the whole of the day, the boat is detected by vessel tracking equipment or manually reported as—

(a)not having moved; or

(b)having moved no more than the following distance from where the boat was first detected on the day—

(i)if the boat is detected or manually reported as being in the deep water net area during any part of the day—1,000m;

(ii)otherwise—250m.

(2)This section does not limit sections 392BZ and 392CB.

392BZ    Exception—moving boat without fishing

(1)It is an exception for section 392BU(3)(a) if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during a day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, any of the following journeys—

(i)from a defined port area to another defined port area;

(ii)from a defined port area to a place outside the east coast trawl fishery area;

(iii)from a place outside the east coast trawl fishery area to a defined port area;

(iv)from a place outside the east coast trawl fishery area to another place outside the east coast trawl fishery;

(b)the licence holder or person in control of the boat gave the chief executive notice of the following about the journey before it started—

(i)the date and time it will start;

(ii)the place it will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)if the movement involves entering or leaving the east coast trawl fishery area—each entry or leaving;

(vi)the reason for the journey;

(c)if any fish taken outside the east coast trawl fishery area are on board the boat—the licence holder or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)no fish taken by the use of a trawl net in the east coast trawl fishery area are on board the boat; and

(ii)section 80 of the Act is complied with for the boat; and

(iii)all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom.

(3)However, the trawl nets may be suspended from a mast or boom if the journey is from a defined port area to the nearest northerly or southerly defined port area.

(4)The licence holder or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)(b)(iii), (iv) or (v).

(5)From the giving of the amendment notice, the condition mentioned in subsection (2)(d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.

392CA    Exception—moving boat to test fishing apparatus

(1)It is an exception for section 392BU(3)(a) if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during a day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus;

(b)the licence holder or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey—

(i)the date and time it will start;

(ii)the place it will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)the reason for the journey;

(c)the journey complies, or substantially complies, with the journey stated in the notice;

(d)the destination for the journey is no more than 1n mile from where the journey started;

(e)during the whole of the journey—

(i)no fish are taken by the use of a trawl net in the east coast trawl fishery area; and

(ii)the cod ends of each trawl net on or attached to the boat are open; and

(iii)section 80 of the Act is complied with for the boat.

392CB    Exception—acting exclusively under authority other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol

(1)It is an exception for section 392BU(3)(a) if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during a day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, a journey that started from a defined port area;

(b)the licence holder or person in control of the boat gave the chief executive notice of the following about the journey before it started—

(i)the date and time it will start;

(ii)where it will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)each east coast trawl fishery symbol or other authority, other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol, under which the boat will be used during the journey;

(vi)the activities for which the boat will be used during the journey;

(vii)the date and time the use of the boat under the east coast trawl fishery symbol or other authority will stop;

(c)the journey complies, or substantially complies, with the journey stated in the notice;

(d)during the whole of the journey—

(i)section 80 of the Act is complied with for the boat; and

(ii)if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the east coast trawl fishery area—there are no trawl nets, or fish taken by the use of a trawl net in the east coast trawl fishery area, on board the boat.

(3)The licence holder or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)(b)(iii), (iv), (v) or (vi).

(4)From the giving of the amendment notice, the condition mentioned in subsection (2)(c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.

392CC    Exception—detection in particular regulated waters

It is an exception for section 392BU(3)(a) if the detection by vessel tracking equipment or manual reporting is within 1 or more of the following—

(a)the southern regional waters in the regulated period under the Fisheries Declaration 2019, section 87(2);

(b)the northern regional waters in the regulated period under the Fisheries Declaration 2019, section 88(2);

(c)the following regulated waters—

•Currumbin Beach

•Moreton Bay outside ‘M1’ and ‘M2’ area

•Moreton Bay (including The Broadwater)

•Maroochy River and ocean foreshores (netting)

•Laguna Bay area

•Rainbow Beach

•Wide Bay Bar

•Hook Point to Taleerba Creek, Fraser Island

•Hervey Bay (commercial netting)

•Gladstone offshore area

•Yeppoon offshore area

•Keppel Bay near Middle Island Observatory

•Swain Reefs

•Shoalwater Bay

•Grasstree Island area

•Pioneer River mouth

•Egremont Pass Closure

•Refuge Bay on Scawfell Island

•Pioneer Bay

•Hook Island (fishing)

•Bowen to Cairns offshore area

•Townsville Harbour and Cleveland Bay

•Rollingstone Creek

•Townsville to Cape York Peninsula offshore area

•Yanks Jetty at Orpheus Island

•Herbert River

•Hinchinbrook Channel (all nets)

•Mission Beach

•Etty Bay area

•Fitzroy Island–High Island

•Mission Bay

•Trinity Bay

•Yorkeys Knob to Simpson Point

•Island Point to the Daintree River

•Grave Point to Indian Head

•Cape Bedford to Murray Reefs

•Cape Flattery to Lookout Point

•Lookout Point to Baron Reef

•Barrow Point to Bizant River

•Marrett River to Rocky River

•Rocky River to latitude 13º08.91' south

•Round Point to Fly Point near Cape York Peninsula

•tip of Cape York Peninsula

•latitude 13º08.91' south to Thorpe Point.

392CD    Notices to chief executive under subdivision

(1)This section applies for a notice to the chief executive under this subdivision.

(2)The notice may relate to a continuous period of more than 1 day.

(3)The notice may be given to the chief executive by—

(a)telephone to a telecommunications service provider for the chief executive published on the department’s website; or

(b)using vessel tracking equipment in a way that ensures—

(i)the notice is given to, and received by, the chief executive instantaneously; and

(ii)the chief executive can readily access the information in the notice.

(4)The chief executive may make guidelines for how to give the notice under subsection (3)(b).

(5)The notice is taken to have been given under subsection (3)(b) if, to the extent they are relevant, the guidelines are complied with.

Division 5 When effort units may or may not be transferred

392CE    Purpose of division

This division states, for section 65(1) of the Act, the circumstances in which effort units may or may not be transferred.

392CF    Only whole effort units may be transferred

A part of an effort unit can not be transferred.

392CG    Eligibility of transferee

(1)A T1 effort unit may be transferred only by an effort unit holder to a ‘T1’ licence holder, other than the transferor.

(2)Subject to section 392CH, a T2 effort unit may be transferred only by an effort unit holder to a ‘T2’ licence holder, other than the transferor.

392CH    Transfer of half of the effort units of ‘T2’ licence to ‘T1’ licence

Half of the effort units for a ‘T2’ licence may be transferred to a ‘T1’ licence only if the ‘T2’ licence holder gives the chief executive notice that the ‘T2’ licence holder surrenders—

(a)the ‘T2’ licence; and

(b)the other half of the ‘T2’ licence holder’s effort units for the ‘T2’ licence.

Division 6 Applications to register transfer of effort units

392CI    Effort unit certificate changes required

If, under section 65B of the Act, an application to transfer an effort unit is registered, the chief executive must give effect to the transfer by changing, cancelling or replacing the transferor’s and transferee’s current effort unit certificates.

Division 7 Entitlement of transferee under transferred effort units

392CJ    Entitlement

(1)The entitlement of the transferee under transferred effort units is the unused entitlement of the transferor under the units immediately before the chief executive registers the transfer under section 65B of the Act.

(2)However, the transferred entitlement only includes an entitlement of the transferor to use a boat on a steaming day if the transferor’s former licence to which the effort units related was also transferred to the transferee.

(3)Subsection (2) does not affect the transferee’s entitlement to use a boat on a steaming day under other effort units.

Division 8 Information notice

392CK    Notice of decision about effort units

As soon as practicable after making a decision under this part, the chief executive must give each person to whom the decision relates an information notice about the decision.

Division 9 Usage notices

392CL    Chief executive to give usage notice

(1)This section applies if the chief executive becomes aware that the fishing and steaming days for a particular effort year—

(a)have been used; or

(b)are likely to be used in the next month.

(2)The chief executive must immediately give each ‘T1’ licence holder a written notice (a usage notice) stating—

(a)if the fishing and steaming days have been used—

(i)the day the fishing and steaming days were used; and

(ii)the day the regulated period starts under the Fisheries Declaration 2019, section 92(3); or

(b)if the fishing and steaming days are likely to be used in the next month—that the fishing and steaming days are likely to be used in the next month.

392CM    Obligations of ‘T1’ licence holders under usage notice

(1)This section prescribes an additional condition to which a ‘T1’ licence is subject.

(2)This section applies if a ‘T1’ licence holder is given a usage notice.

(3)The ‘T1’ licence holder must ensure that every person acting under the licence is aware of the matters mentioned in the notice.

(4)Subsection (5) applies if the usage notice states that the fishing and steaming days are likely to be used in the next month.

(5)A person in control of a relevant boat under the ‘T1’ licence must use the AIVR system, on each day the boat is to be used to take fish under the licence, to obtain the following information before any person starts taking fish from the boat on that day—

(a)whether the fishing and steaming days have been used;

(b)if the person finds out by using the AIVR system that the fishing and steaming days have been used on that day or an earlier day—the day the regulated period will start under the Fisheries Declaration 2019, section 92(3).

(6)A person in control of a relevant boat under the ‘T1’ licence complies with subsection (5) if another person obtains the information, in compliance with the subsection, for the person in control of the boat.

(7)In this section—

relevant boat, under a ‘T1’ licence, means a boat that is to be used to take fish under the licence from the reef world heritage area regulated waters.

Part 8    Boat modification and replacement

Division 1 Boat modification conditions

392CN    Condition for ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licences

(1)This section applies to an ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licence.

(2)Subject to sections 392CP and 392CQ, the licence is subject to the additional condition that the licence holder may modify the boat identified on the licence only if the modification does not change the number of hull units for the boat.

392CO    Condition for other licences

Subject to section 392CR, a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence is subject to an additional condition that the licence holder may modify the boat identified in the licence only if—

(a)the modification does not change the boat’s main engine power or its length; or

(b)the details of the boat recorded on the licence are amended to reflect the modification.

Division 2 Restrictions on amending licence to modify or replace boat

392CP    Restriction for ‘M1’, ‘T1’ or ‘T2’ licences

The chief executive may amend or replace an ‘M1’, ‘T1’ or ‘T2’ licence to allow the boat identified in the licence to be modified or replaced only if the modification or replacement does not result in—

(a)the hull units for the boat being more than 70; or

(b)the boat’s main engine power being more than 300 maximum continuous brake kW.

392CQ    Restriction for ‘M2’ licences

The chief executive may amend or replace an ‘M2’ licence to allow the boat identified in the licence to be modified or replaced only if—

(a)the amendment or replacement does not increase the number of hull units for the boat; or

(b)the licence holder surrenders another ‘M2’ licence.

392CR    Length restriction for other licences

The chief executive may amend or replace a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence to allow the boat identified in the licence to be modified or replaced only if—

(a)the primary boat identified in the licence is no longer than 14m; and

(b)the modification or replacement of the boat will not result in the boat’s main engine power being more than 300 maximum continuous brake kW.

Part 9    Specific licence conditions

Division 1 Specific licence conditions for ‘M1’ licences and ‘M2’ licences

392CS    Purpose and application of division

This division—

(a)prescribes additional conditions to which an ‘M1’ licence or ‘M2’ licence is subject; and

(b)applies to a person acting under the licence.

392CT    Area for ‘M1’ and ‘M2’ fishery symbols

The area for the ‘M1’ and ‘M2’ fishery symbols consists of the ‘M1’ and ‘M2’ area.

392CU    Permitted ways of taking permitted fish

(1)Permitted fish may only be taken by using beam trawl nets or otter trawl nets.

(2)A net must not be used unless the net and its use comply with this division.

392CV    Maximum net length

A net must be no longer than—

(a)for a beam trawl net—10m; or

(b)for an otter trawl net—32.5m.

392CW    Minimum and maximum net mesh size

The mesh size of a net must be at least 38mm but no more than 60mm.

392CX    Maximum length of sweeps of net

Each sweep used on a net must be no longer than 3m.

392CY    Covering net

(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm but no more than 60mm.

(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

392CZ    Use of chains for net

(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.

(2)The links of the ground chain must not have a diameter of more than 10mm.

(3)The links of the tickler chain must not have a diameter of more than—

(a)if a ground chain is used—6mm; or

(b)if something else is attached at 1 or more points to the bottom rope of an otter trawl net so that the thing is suspended below the bottom rope when the net is in use—10mm.

(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

392DA    Use of more than 1 net

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length for that type of net permitted under section 392CV.

392DB    Restriction on use of crab bag

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

392DC    Restrictions on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.

(2)The net may be used 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 nets that must not be used—

1a net that uses a trawl sled that has spikes attached to its trawl shoe

2a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe

392DD    Maximum boat length

A primary boat longer than 14m must not be used.

392DE    Requirement to use BRD

A BRD must be used with a net, other than a try net, used under this division.

392DF    Requirement to use TED

A TED must be used with a net, other than a try net, used under this division.

392DG    Possession of particular fishing apparatus or attachments

(1)A person may possess 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—

1a trawl sled that has spikes attached to its trawl shoe

2a 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 a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

Division 2 Specific licence conditions for ‘T1’ licences

392DH    Purpose and application of division

This division—

(a)prescribes additional conditions to which a ‘T1’ licence is subject; and

(b)applies to a person acting under the licence.

392DI    Area for ‘T1’ fishery symbol

The area for the ‘T1’ fishery symbol consists of the ‘T1’ area.

392DJ    Permitted ways of taking permitted fish

(1)Permitted fish may only be taken by using beam trawl nets or otter trawl nets.

(2)However, scallops may be taken only by using otter trawl nets.

(3)A net must not be used unless—

(a)the net and its use comply with this division; and

(b)its primary purpose is to take principal fish.

392DK    Maximum net and head rope lengths

(1)In the following areas, a beam trawl net must be no longer than 10m and an otter trawl net must be no longer than 32.5m—

(a)the Comboyuro Point to Caloundra Head area;

(b)the Hervey Bay area;

(c)the Facing Island area;

(d)the Keppel Bay area;

(e)the Repulse Bay area;

(f)the Cleveland Bay area.

(2)A net used in the Laguna Bay area must be no longer than 18.6m and have a head rope no longer than 8m.

(3)A net used in the following waters must be no longer than 39m—

(a)waters within the following boundary—

•from latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton), along the mainland shore to latitude 16º28.93' south, longitude 145º28.00' east (Island Head Point)

•to latitude 16º43.75' south, longitude 145º40.71' east (Double Island)

•to latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton);

(b)Etty Bay area regulated waters, within the following boundary—

•from latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point)

•along the shore of Etty Bay to latitude 17º33.33' south, longitude 146º05.42' east

•to latitude 17º33.33' south, longitude 146º05.76' east

•to latitude 17º33.72' south, longitude 146º05.85' east

•to latitude 17º33.72' south, longitude 146º05.61' east

•along the shore of Etty Bay to latitude 17º35.47' south, longitude 146º07.62' east (near Mourilyan Harbour)

•to latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point).

(4)A beam trawl net used in an area other than an area mentioned in subsection (1), (2) or (3) must be no longer than 40m.

(5)An otter trawl net must—

(a)for a net used in the deep water net area—be no longer than 184m; or

(b)for a net used in an area other than the deep water net area or an area mentioned in subsection (1), (2) or (3)—

(i)for the primary purpose of taking principal bugs or scallops—be no longer than 109m; or

(ii)for the primary purpose of taking principal fish, other than principal bugs or scallops—be no longer than 88m.

392DL    Minimum and maximum net mesh size

(1)A net used for the primary purpose of taking principal fish, other than principal bugs or scallops, must have—

(a)for a net used in the following areas—a mesh size of at least 38mm but no more than 60mm—

(i)the Comboyuro Point to Caloundra Head area;

(ii)the Hervey Bay area;

(iii)the Facing Island area;

(iv)the Keppel Bay area;

(v)the Repulse Bay area;

(vi)the Cleveland Bay area;

(vii)the deep water net area; or

(b)for a net used in the Laguna Bay area—a mesh size of at least 28mm; or

(c)for a net used in the east coast trawl fishery area, other than in an area mentioned in paragraph (a) or (b)—

(i)a mesh size of at least 43mm but no more than 60mm; and

(ii)a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.

(2)A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.

392DM    Maximum length of sweeps of net

(1)This section does not apply to the Laguna Bay area.

(2)Each sweep used on a net must be no longer than—

(a)if the net is used in the Hervey Bay area—3m; or

(b)if the net is used in any other waters—10m.

392DN    Covering net

(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm but no more than 60mm.

(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

392DO    Use of chains for net

(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.

(2)The links of the ground chain must not have a diameter of more than—

(a)if the net is used in the deep water net area—12mm; or

(b)if the net is used in any other waters—10mm.

(3)The links of the tickler chain must not have a diameter of more than—

(a)if a ground chain is used—6mm; or

(b)if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.

(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

392DP    Use of more than 1 net or head rope

More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 392DK.

392DQ    Restriction on use of crab bag

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

392DR    Restrictions on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.

(2)The net may be used 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 nets that must not be used—

1a net that uses a trawl sled that has spikes attached to its trawl shoe

2a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe

392DS    Maximum boat length

A primary boat longer than 20m must not be used.

392DT    Requirement to use BRD

A BRD must be used with a net, other than a try net, used under this division.

392DU    Requirement to use TED

A TED must be used with a net, other than a try net, used under this division.

392DV    Possession of particular fishing apparatus or attachments

(1)A person may possess 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—

1a trawl sled that has spikes attached to its trawl shoe

2a 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 a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

Division 3 Specific licence conditions for ‘T2’ licences

392DW    Purpose and application of division

This division—

(a)prescribes additional conditions to which a ‘T2’ licence is subject; and

(b)applies to a person acting under the licence.

392DX    Area for ‘T2’ fishery symbol

The area for the ‘T2’ fishery symbol consists of the ‘T2’ area.

392DY    Permitted ways of taking permitted fish

(1)Permitted fish may only be taken by using otter trawl nets.

(2)A net must not be used unless the net and its use comply with this division.

392DZ    Maximum net length

(1)A net used in the deep water net area must be no longer than 184m.

(2)A net used in an area other than the deep water net area—

(a)for the primary purpose of taking principal bugs or scallops—must be no longer than 109m; or

(b)for the primary purpose of taking permitted fish, other than principal bugs or scallops—must be no longer than 88m.

392EA    Minimum and maximum net mesh size

(1)A net used for the primary purpose of taking permitted fish, other than principal bugs or scallops, must—

(a)have a mesh size of at least 43mm but no more than 60mm; and

(b)have a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.

(2)A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.

392EB    Maximum length of sweeps of net

Each sweep used on a net must be no longer than 10m.

392EC    Covering net

(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—

(a)if the net is used for the primary purpose of taking scallops or principal bugs—at least 75mm; or

(b)if the net is used for the primary purpose of taking permitted fish, other than scallops or principal bugs—at least 38mm but no more than 60mm.

(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

392ED    Use of chains for net

(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.

(2)The links of the ground chain must not have a diameter of more than—

(a)if the net is used in the deep water net area—12mm; or

(b)if the net is used in any other waters—10mm.

(3)The links of the tickler chain must not have a diameter of more than—

(a)if a ground chain is used—6mm; or

(b)if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.

(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

392EE    Use of more than 1 net

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 392DZ for a net.

392EF    Restriction on use of crab bag

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

392EG    Restrictions on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.

(2)The net may be used 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 nets that must not be used—

1a net that uses a trawl sled that has spikes attached to its trawl shoe

2a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe

392EH    Maximum boat length

A primary boat longer than 20m must not be used.

392EI    Requirement to use BRD

A BRD must be used with a net, other than a try net, used under this division.

392EJ    Requirement to use TED

A TED must be used with a net, other than a try net, used under this division.

392EK    Possession of particular fishing apparatus or attachments

(1)A person may possess 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—

1a trawl sled that has spikes attached to its trawl shoe

2a 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 a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

Division 4 Specific licence conditions for ‘T5’ licences

392EL    Purpose and application of division

This division—

(a)prescribes additional conditions to which a ‘T5’ licence is subject; and

(b)applies to a person acting under the licence.

392EM    Area for ‘T5’ fishery symbol

The area for the ‘T5’ fishery symbol consists of all tidal waters of the following—

(a)the Brisbane River–Victoria Bridge to Juno Point area;

(b)the Brisbane River mouth area–north;

(c)the Brisbane River mouth area–south;

(d)the Noosa River and lakes connected to the Noosa River;

(e)the Laguna Bay area;

(f)the Logan River area;

(g)other rivers or creeks south of Double Island Point.

392EN    Permitted ways of taking permitted fish

(1)Permitted fish may only be taken by using—

(a)in the Laguna Bay area—otter trawl nets; or

(b)in any other waters—beam trawl nets.

(2)A net must not be used unless the net and its use comply with this division.

392EO    Maximum net and head rope lengths

(1)A beam trawl net used in the following areas must be no longer than 5m—

(a)the Brisbane River–Victoria Bridge to Juno Point area;

(b)the Brisbane River mouth area–north;

(c)the Brisbane River mouth area–south;

(d)the Noosa River and lakes connected to the Noosa River;

(e)the Logan River area;

(f)other rivers or creeks south of Double Island Point.

(2)An otter trawl net used in the Laguna Bay area must be no longer than 18.6m and have a head rope no longer than 8m.

392EP    Minimum and maximum net mesh size

(1)A net must have a mesh size of at least 28mm.

(2)A net, other than a net used in the Noosa River and lakes connected to it or in the Laguna Bay area, must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.

392EQ    Covering net

(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 28mm.

(2)The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.

392ER    Use of more than 1 net or head rope

More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 392EO.

392ES    Restrictions on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.

(2)The net may be used 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 nets that must not be used—

1a net that uses a trawl sled that has spikes attached to its trawl shoe

2a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe

392ET    Maximum boat length

A primary boat longer than 9m must not be used.

392EU    Requirement to use BRD

A BRD must be used with a net used under this division.

392EV    Requirement to use TED in Laguna Bay area

A TED must be used with a net used under this division in the Laguna Bay area.

392EW    Possession of particular fishing apparatus or attachments

(1)A person may possess 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—

1a trawl sled that has spikes attached to its trawl shoe

2a 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 a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

Division 5 Specific licence conditions for ‘T6’ licences

392EX    Purpose and application of division

This division—

(a)prescribes additional conditions to which a ‘T6’ licence is subject; and

(b)applies to a person acting under the licence.

392EY    Area for ‘T6’ fishery symbol

The area for the ‘T6’ fishery symbol consists of all tidal waters of the following—

(a)the Great Sandy Strait area;

(b)the Hervey Bay area;

(c)rivers and creeks between Double Island Point and the northern bank of the Burrum River.

392EZ    Permitted ways of taking permitted fish

(1)Permitted fish may only be taken by using beam trawl nets.

(2)A net must not be used unless the net and its use comply with this division.

392FA    Maximum net length

(1)A net used in the Great Sandy Strait area or a river or creek must be no longer than 5m.

(2)A net used in the Hervey Bay area must be no longer than 10m.

392FB    Minimum and maximum net mesh size

(1)A net used in the Great Sandy Strait area or a river or creek must have a mesh size of at least 28mm.

(2)A net used in the Hervey Bay area must have a mesh size of at least 38mm but no more than 60mm.

(3)A net, other than a net used in the Hervey Bay area, must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.

392FC    Covering net

(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—

(a)if the net is used in the Great Sandy Strait area or a river or creek—at least 28mm; or

(b)if the net is used in the Hervey Bay area—at least 38mm but no more than 60mm.

(2)The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.

392FD    Use of more than 1 net

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 392FA for a net.

392FE    Restrictions on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.

(2)The net may be used 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 nets that must not be used—

1a net that uses a trawl sled that has spikes attached to its trawl shoe

2a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe

392FF    Maximum boat length

A primary boat longer than 9m must not be used.

392FG    Requirement to use BRD

A BRD must be used with a net used under this division.

392FH    Requirement to use TED other than in river or creek

A TED must be used with a net used under this division, other than in a river or creek.

392FI    Possession of particular fishing apparatus or attachments

(1)A person may possess 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—

appropriately marked means stated in writing that is—

(a)legible and permanent; and

(b)raised or recessed.

approved person, for chapter 13, part 1B, division 3, see section 625J.

approved way, for chapter 13, part 1B, division 3, see section 625J.

bar, in relation to mesh in a trawl net, means—

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

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

beam, of a boat, see section 14 of this schedule.

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

behind, in relation to a part of a net or a thing used with a net, means away from the front opening of the net.

belly rope, for a cod end, means rope that—

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

(b)runs the length of the cod end.

BRD means bycatch reduction device.

Brisbane River mouth area–north see schedule 10E, section 1.

Brisbane River mouth area–south see schedule 10E, section 2.

Brisbane River–Victoria Bridge to Juno Point area see schedule 10E, section 3.

central area see schedule 10E, section 4.

Cleveland Bay area see schedule 10E, section 5.

Comboyuro Point to Caloundra Head area see schedule 10E, section 6.

compliant crab bag means a crab bag that—

(a)is made of mesh of a mesh size of at least 88mm; and

(b)has a circumference of no more than 50 meshes; and

(c)is installed—

(i)inside the cod end of the net; and

(ii)at no more than 50 meshes from the cod end drawstrings of the net.

deep water net area see schedule 10E, section 7.

depth, of a boat, see section 15 of this schedule.

detected by vessel tracking equipment, for a boat, see section 18 of this schedule.

east coast trawl fishery see section 392.

east coast trawl fishery area see section 392AA(1).

east coast trawl fishery symbol means a fishery symbol mentioned in section 392AB(2).

effort unit means an effort unit continued under section 766(2).

effort unit certificate means a certificate—

(a)issued under section 101 of the repealed 1999 plan; or

(b)replaced under section 71 of the Act; or

(c)changed or replaced under—

(i)section 93 of the repealed 2010 plan; or

(ii)section 392CI.

effort unit conversion factor, for a boat, means the effort unit conversion factor for the boat stated in schedule 10F opposite the number of hull units for the boat.

effort year means the period from midday on 1 January to midday on 1 January in the next year.

entitlement—

(a)under an effort unit, see section 392BO(4); or

(b)under an ITQ unit, see section 600O(2); or

(c)under a line unit, see section 591O(4); or

(d)under an SM unit, see section 557(2); or

(e)under a T4-ITQ unit, see section 614H(2).

escape hole see section 392BC(2)(b).

Facing Island area see schedule 10E, section 8.

Fisherman Island area see schedule 10E, section 9.

fishing days, for effort units, means the number of days worked out by dividing the total number of the units by the effort unit conversion factor for the boat identified in the effort unit certificate for the units.

Fitzroy River mouth area see schedule 10E, section 10.

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

Great Sandy Strait area see schedule 10E, section 11.

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

Hervey Bay area see schedule 10E, section 12.

hull units, for a boat, see section 13 of this schedule.

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

Keppel Bay area see schedule 10E, section 13.

Laguna Bay area see schedule 10E, section 14.

landing place—

(a)for chapter 10, part 3, see section 565; or

(b)for chapter 10A, part 3, see section 591ZA(c); or

(c)for chapter 11, part 3, division 6, see section 614ZA(c); or

(c)for chapter 13, part 1B, division 3, see section 625J.

leading edge, in relation to a part of a net or a thing used with a net, means the edge nearest to the front opening of the net.

length—

(a)of a commercial fishing boat—see section 3 of this schedule; or

(b)of a net—see section 4 of this schedule.

Llewellyn Bay area see schedule 10E, section 15.

Logan River area see schedule 10E, section 16.

‘M1’ and ‘M2’ area see schedule 10E, section 17.

‘M1’ licence means a commercial fishing boat licence with an ‘M1’ fishery symbol written on it.

‘M2’ licence means a commercial fishing boat licence with an ‘M2’ fishery symbol written on it.

malfunction, for chapter 13, part 1B, see section 80(6) of the Act.

manually reported, for a boat, means notice about a boat’s position and operation given under section 625N.

maximum continuous brake kW see section 16 of this schedule.

Moreton Bay (trawling) see schedule 10E, section 18.

northern area see schedule 10E, section 19.

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

permitted fish—

(a)for chapter 7A, see section 392AC; or

(b)for chapter 11, part 3, see section 612.

prescribed reason, for chapter 10, part 3, see section 565.

principal bug see section 392AC(a)(iii).

principal fish see section 392AC(a).

recognised BRD see section 392AI.

recognised TED see section 392BC(1)(a).

recreational fishing apparatus means—

(a)a spear or spear gun; and

(b)any of the following fishing apparatus that may be used or possessed by a recreational fisher under a regulated fishing apparatus declaration—

(i)a canister trap;

(ii)a cast net;

(iii)a collapsible trap;

(iv)a crab pot;

(v)a dilly;

(vi)a fishing line;

(vii)a fork;

(viii)a funnel trap;

(ix)a hand pump;

(x)a pyramid trap;

(xi)a round trap;

(xii)a scoop net;

(xiii)a seine net.

relevant authority—

(a)for chapter 13, part 1B—see section 625F(1); or

(b)for chapter 14, part 2—see section 644.

relevant boat, for a relevant authority, for chapter 13, part 1B, see section 80(1)(b) of the Act and section 625F(2).

relevant period—

(a)for chapter 13, part 1B, see section 625H; or

(b)for chapter 14, part 2, division 2, see section 645(b); or

(c)for chapter 14, part 2, division 3, see section 649(b).

repealed 1999 plan means the repealed Fisheries (East Coast Trawl) Management Plan 1999.

repealed 2010 plan means the repealed Fisheries (East Coast Trawl) Management Plan 2010.

Repulse Bay area see schedule 10E, section 20.

Sinclair Bay area see schedule 10E, section 21.

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

steaming day see section 392BO(1).

stowed and secured see section 4A.

sweep, of a net—

(a)for an otter trawl net used under section 613—see section 613(5) and (6); or

(b)otherwise—see section 17 of this schedule.

‘T1’ area see schedule 10E, section 22.

T1 effort units see section 392BO(1)(a).

‘T1’ licence means a commercial fishing boat licence with a ‘T1’ fishery symbol written on it.

‘T2’ area see schedule 10E, section 23.

T2 effort units see section 392BO(1)(b).

‘T2’ licence means a commercial fishing boat licence with a ‘T2’ fishery symbol written on it.

‘T5’ licence means a commercial fishing boat licence with a ‘T5’ fishery symbol written on it.

‘T6’ licence means a commercial fishing boat licence with a ‘T6’ fishery symbol written on it.

‘T7’ licence means a commercial fishing boat licence with a ‘T7’ fishery symbol written on it.

‘T8’ licence means a commercial fishing boat licence with a ‘T8’ fishery symbol written on it.

‘T9’ licence means a commercial fishing boat licence with a ‘T9’ fishery symbol written on it.

TED means turtle excluder device.

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

trailing edge, in relation to a part of a net or a thing used with a net, means the edge furthest from the front opening of the net.

trawling see section 392.

trawl net means any net described in a provision of chapter 7A, part 9 and any other fishing apparatus normally used with it.

Examples of other fishing apparatus—

ground chains or ropes

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

try net means an otter or beam trawl net of the following lengths, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish—

(a)for an otter trawl net—no longer than 10m; or

(b)for a beam trawl net—no longer than 2.5m.

usage notice see section 392CL(2).

use—

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

(b)a trawl net, includes—

(i)setting and shooting the net; and

(ii)having the net rigged for fishing.

Example of rigged for fishing for subparagraph (ii)—

having a cod end and ground chains attached

used—

(a)for a boat, on a fishing or steaming day, see section 392BQ; or

(b)for effort units, see section 392BP; or

(c)for an entitlement under an ITQ unit, see section 600P(1); or

(d)for an entitlement under a line unit, see section 591P(1); or

(e)for an entitlement under a SM unit, see section 558(1); or

(f)for an entitlement under a T4-ITQ unit, see section 614I(1).

vessel tracking standard, for chapter 13, part 1B, see section 625E.

working properly, for chapter 13, part 1B, see section 80(6) of the Act.

Part 3    Amendment of State Penalties Enforcement Regulation 2014

56   Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

57   Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for Fisheries Act 1994—
insert—

s 31(1)	4
s 80(2)	20
s 80(3)	20

(2)Schedule 1, entry for Fisheries Act 1994, entry for s 82, ‘under a regulation or a management plan’—
omit, insert—

by regulation or declared by a declaration

Part 4    Repeal of legislation

58   Repeals

The following legislation is repealed—

•Fisheries (Commercial Trawl Fishery—Fin Fish) Quota Declaration 2015, SL No. 141

•Fisheries (Coral Reef Fin Fish) Quota Declaration 2015, SL No. 21

•Fisheries (East Coast Trawl) Management Plan 2010, SL No. 357

•Fisheries (Spanner Crab Fishery) Quota Declaration 2015, SL No. 20.

Part 5    Minor or consequential amendments

59   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Minor or consequential amendments

section 59

Biosecurity Regulation 2016

1   Section 94D(3), definition fishing, ‘schedule’—

omit, insert—

schedule 1

Coastal Protection and Management Regulation 2017

1   Section 15(3), definition aquaculture, ‘schedule’—

omit, insert—

schedule 1

Fisheries Regulation 2008

1   Chapter 1, part 2, division 4, heading—

omit, insert—

Division 4 References to regulated waters

2   Amendment of various provisions

Each provision mentioned in column 1 is amended by omitting the words in column 2 and inserting the words, if any, in column 3—

Column 1	Column 2	Column 3
Provision	Words omitted	Words inserted, if any
section 9	schedule 1	the Fisheries Declaration 2019, schedule 1
section 13, heading	includes	include
section 14(a)	or a management plan
section 14, note	management plans	declarations
section 15A(1)	or a management plan
section 24(1)	a provision of this regulation or a management plan	a provision
section 209(1)	or a management plan
section 218A	section 34A	the Fisheries Declaration 2019, section 17(2)
section 223(a)(ii)	or a management plan
section 225(b)	chapter 4, part 1, division 4	the Fisheries Declaration 2019, chapter 4, part 4
section 226(5)	or a management plan
section 229, heading	attaching or placing	fixing
section 229(1) and (6)(b)	placed on	fixed to
section 229(6)(a)	attached to each side of the primary boat’s	fixed to each side of the boat’s
section 229(6)(b)	the tender boat’s	the boat’s
section 229(6)(c)	placed on	fixed to the following surface in a way that allows the boat mark to be viewed from above
section 229(6)(c)(ii)	; or	;
section 229(7)(a)	attached or placed	fixed
section 230	attached to or placed, and remains, on	fixed to, and remains on,
section 231(2)	attached to or placed on	fixed to
section 236(1)(a)	symbols	symbol
section 251(2)	or any relevant management plan
section 253BD(2)	may write the fishery symbol	may write the fishery symbol ‘N13’
section 256(1)(b)	or a management plan
section 261A(1)	a ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence under chapter 3, part 8 of the East Coast Trawl Plan	an ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence
section 270	, chapters 7 to 11, or a management plan	or chapters 7 to 11
section 310C(b)	catchment	river basin
section 310K(3)	in all its dimensions	in any dimension
section 310L(2)	in each of their dimensions	in any dimension
section 310O(1)(b)(iii)	in all their dimensions	in any dimension
section 310P(b)	in all its dimensions	in any dimension
section 430(3)	in all its dimensions	in any dimension
section 431(4)	in all its dimensions	in any dimension
section 487(5)	in all its dimensions	in any dimension
section 492(1)(b)(i), (2)(b) and (4)(a)(ii)	in all its dimensions	in any dimension
section 507(1)(b)(i) and (2)(a)(ii)	in all its dimensions	in any dimension
section 507L(1)(b)(i) and (2)(a)(ii)	in each of its dimensions	in any dimension
section 507L(3)(a)	in each of their dimensions	in any dimension
section 520(1)(a)(i), (1)(d) and (3)(a)(ii)	in all its dimensions	in any dimension
section 532A(a)	in each of its dimensions	in any dimension
section 533B	if the net is	if the net
section 533B(a)	no longer	is no longer
section 535A(1)(b)(i) and (2)(a)(ii)	in all its dimensions	in any dimension
section 539(h), note	Carcharias taurus	Carcharias taurus
section 543(2)(a)	in each of its dimensions	in any dimension
section 545G(h), note	Carcharias taurus	Carcharias taurus
section 545K(2)(a)	in each of its dimensions	in any dimension
section 551	is being taken	are being taken
section 570(1)(a)	section 568 and 569	section 568
section 578(2)(a)	is on any	are on any
section 578(2)(b)	has been transferred	have been transferred
section 579(3)(a) and (c)	is unloaded	are unloaded
section 580(3)	National Measurements Act 1960 (Cwlth)	National Measurement Act 1960 (Cwlth)
section 587(2), note	pin	PIN
section 590(1)	section 68B(4)(b)(i)	section 68B(3)(b)(i)
section 590(3)	The prescribed criteria are	An appropriate suspension may be
section 591(1)	section 68B(4)(b)(i)	section 68B(3)(b)(i)
section 591(3)	The prescribed criteria is	An appropriate cancellation may be
section 591F	is being taken	are being taken
section 591ZI(2)(a)	is on any	are on any
section 591ZI(2)(b)	has been transferred	have been transferred
section 591ZJ(3)(a) and (c)	is unloaded	are unloaded
section 591ZL(4)(e)(vi)	(iii) or (iv)	(iv) or (v)
section 591ZR(2), note	pin	PIN
section 591ZU(1)	section 68B(4)(b)(i)	section 68B(3)(b)(i)
section 591ZU(3)	The prescribed criteria are	An appropriate suspension may be
section 591ZV(1)	section 68B(4)(b)(i)	section 68B(3)(b)(i)
section 591ZV(3)	The prescribed criteria is	An appropriate cancellation may be
section 596A(a)	the waters of Moreton Bay (whole)	Moreton Bay (whole) waters
section 600(2)(a) and (5)(a)	in all its dimensions	in any dimension
section 600(4)	in all their dimensions	in any dimension
chapter 11, part 1A, division 3, heading	crab	crabs
section 600I(3)(b)	in all its dimensions	in any dimension
chapter 11, part 1B, division 3, heading	crab	crabs
section 608D(1)(a)	part 1, 2, 4 or 5	part 1, 2 or 5
section 613(4)(c)	turtle excluder device that complies with the East Coast Trawl Plan, chapter 3, part 4, division 3	TED that complies with chapter 7A, part 5
section 614T(1)	section 68B(4)(b)(i)	section 68B(3)(b)(i)
section 614T(3)	The prescribed criteria are	An appropriate suspension may be
section 614U(1)	section 68B(4)(b)(i)	section 68B(3)(b)(i)
section 614U(3)	The prescribed criteria is	An appropriate cancellation may be
section 614ZB(1)(a)	sections 614Z and 614ZA	section 614Z
section 614ZI(3)(a) and (b)	is unloaded	are unloaded
section 621(4), definition fish habitat area code of practice	section 119	section 125A
section 632(2)(a)	or a management plan
section 636(1)	mentioned	mentioned in
section 638(2)	a management plan or
section 642(1)	a management plan or
section 663(2)(b)	is stored	are stored
section 694(b)	schedule 2	the Fisheries Declaration 2019, schedule 2
section 701	section 23	section 32
schedule 10C, authorising provision	section 634(2)(d)	section 634(2)(c)
schedule 11, part 1, section 7(3)(b)(ii) and (4)(b)	placed	fixed
schedule 11, part 1, section 8(4)(b) and (5)	or a management plan
schedule 11, part 2, definition barramundi (Gulf) regulated period	section 44B(2)	the Fisheries Declaration 2019, section 21(2)
schedule 11, part 2, definition boat communication notice	section 678(1)	section 625K(1)
schedule 11, part 2, definition fishery provision	chapters 7 to 11 or of a management plan,	chapters 7 to 11
schedule 11, part 2, definition Gulf of Carpentaria waters	schedule 1	the Fisheries Declaration 2019, schedule 1
schedule 11, part 2, definition Moreton Bay (whole) waters	schedule 1	the Fisheries Declaration 2019, schedule 1
schedule 11, part 2, definition regulated waters, paragraph (a)	section 27	the Fisheries Declaration 2019, section 10
schedule 11, part 2, definition regulated waters, paragraph (b)	section 9 of the regulation	section 9
schedule 11, part 2, definition second licence	section 255	section 256(1)(b)
schedule 11, part 2, definition shoot	a net	, a net
schedule 11, part 2, definition species	section 5 of the regulation	section 5
schedule 11, part 2, definition T4-ITQ unit certificate, paragraph (b)	issued under that section	issued

3   Omission of notes

The notes in the following provisions are omitted—

•section 233(1)

•section 460

•section 471

•section 496

•section 507D

•section 511

•section 525

•section 529

•section 539, after paragraph (i)

•section 545G, after paragraph (i)

•schedule 11, part 2, definition territorial sea baseline.

4   Sections 242(6) to (9), 260(c), 300, 400A, 408A, 417, 434A, 467A, 492A, 507AA, 507P, 521, 525G, 535B, 544, 545L, 555, 591KA, 600AA, 600MA, 600ZI, 614 and 696(2)—

omit.

5   Section 249(a)—

omit.

6   Section 249(b)–(e)—

renumber as section 249(a) to (d).

7   Chapter 6, part 2—

omit.

8   Chapter 12, part 2—

omit.

9   Section 634(2)(a)—

omit.

10   Section 634(2)(b)–(d)—

renumber as section 634(2)(a) to (c).

11   Chapter 14, part 8—

omit.

12   Schedule 10B, entry for ‘river basins comprising the Bulloo–Bancannia drainage division’—

omit.

13   Schedule 10B—

insert—

•Bulloo

14   Schedule 11, part 1, sections 5 and 6C—

omit.

15   Schedule 11, part 1, section 10(1), from ‘or’—

omit.

16   Schedule 11, part 2—

omit the following definitions—

•activity involving regulated fish

•coastal 500m line

•commercial fishing net

•diameter

•East Coast Trawl Plan

•eastern non-tidal waters

•extended licensed charter fishing trip

•F

•fisheries regulated waters plan

•Flat Rock (grey nurse shark protection area—western zone)

•G

•guidelines

•haul seine net

•interdorsal length

•licence holder

•listed impoundment

•monofilament

•N

•prescribed barramundi waterway

•prescribed jobfish

•prescribed way

•prohibited activity

•redclaw waters

•regulated by form

•regulated by gender

•regulated by number

•regulated by reproductive capacity

•regulated by size

•regulated by volume

•regulated by weight

•regulated form

•regulated gender

•regulated maximum size

•regulated minimum size

•regulated number

•regulated period

•regulated person

•regulated reproductive capacity

•regulated volume

•regulated weight

•regulating provision

•S

•SF↑B sign

•substitute primary boat

•surface trolling

•threshold percentage

•V

•VMS equipment requirement

•VMS exemption notice

•VMS exemption period

•W

•waters other than the Gulf of Carpentaria waters.

Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004

1   Section 52—

insert—

(4)For subsection (2)(b), a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered.

2   Section 53—

insert—

(2)In this section—

3   Section 56(1)(b), ‘Fisheries Regulation, chapter 2, parts 11 and 12’—

omit, insert—

Fisheries Declaration 2019, chapter 2, part 11

4   Section 88(1)(b), after ‘of the’—

omit, insert—

Fisheries Declaration 2019 or the

5   Schedule 8, part 4, section 1, ‘Fisheries Regulation, chapter 2, part 11 or 12’—

omit, insert—

Fisheries Declaration 2019, chapter 2, part 11

6   Schedule 11, definition bait netting, paragraph (a), ‘chapter 4, part 1, division 4 of that regulation’—

omit, insert—

the Fisheries Declaration 2019, chapter 4, part 4

7   Schedule 11, definition dory, from ‘commercial fishing boat identified’—

omit, insert—

tender boat under the Fisheries Regulation, schedule 11, part 1, section 7(2).

8   Schedule 11, definitions former licence and tender commercial fishing boat licence—

omit.

9   Schedule 11, definition primary commercial fishing boat, from ‘a commercial’—

omit, insert—

a boat identified in a primary commercial fishing boat licence as the primary commercial fishing boat for the licence.

10   Schedule 11, definition primary commercial fishing boat licence, ‘primary commercial fishing boat licence issued’—

omit, insert—

commercial fishing boat licence

11   Schedule 11, definition relevant primary boat, from ‘primary commercial’—

omit, insert—

tender boat’s primary boat under the Fisheries Regulation, schedule 11, part 1, section 7(5).

12   Schedule 11, definition relevant return—

relocate to section 53(2), as inserted by this regulation.

Marine Parks (Great Sandy) Zoning Plan 2017

1   Section 53(2)(a) and (b)—

omit, insert—

(a)any fisheries declaration about the taking of the pipefish under the Fisheries Declaration 2019; and

(b)the Fisheries Regulation 2008, chapter 7A in relation to the taking, possession or use of the pipefish.

2   Section 74(1)(a), ‘chapter 4, part 1, division 4 of that regulation’—

omit, insert—

the Fisheries Declaration 2019, chapter 4, part 4

3   Section 75(3), before ‘Fisheries’—

insert—

Fisheries Declaration 2019 or the

4   Schedule 1, item 6, column 3, first dot point—

omit, insert—

•taking in the east coast trawl fishery under the Fisheries Regulation 2008, chapter 7A in compliance with the requirements that apply to the taking under the regulation or otherwise under the Fisheries Act 1994

5   Schedule 3, definition fisheries legislation, paragraph (c)—

omit, insert—

(c)the Fisheries Declaration 2019.

6   Schedule 3, definition limited crabbing, ‘Fisheries Regulation 2008, section 188 or’—

omit, insert—

Fisheries Declaration 2019, section 157 or the Fisheries Regulation 2008,

7   Schedule 3, definition limited spearfishing, item 2(b), ‘Fisheries Regulation 2008, chapter 2, part 7, division 3, subdivision 3’—

omit, insert—

Fisheries Declaration 2019, section 50

8   Schedule 3, definition netting, before ‘Fisheries’—

insert—

Fisheries Declaration 2019 and the

9   Schedule 3, definition trawling, ‘Fisheries (East Coast Trawl) Management Plan 2010’—

omit, insert—

Fisheries Regulation 2008, chapter 7A

Marine Parks (Moreton Bay) Zoning Plan 2008

1   Section 20(2), definition limited crabbing, paragraph (a), ‘Fisheries Regulation, section 188 or’—

omit, insert—

Fisheries Declaration 2019, section 157 or the Fisheries Regulation,

2   Section 92(1)(a), ‘Fisheries Regulation, chapter 4, part 1, division 4’—

omit, insert—

Fisheries Declaration 2019, chapter 4, part 4

3   Section 93(3), before ‘Fisheries’—

insert—

Fisheries Declaration 2019 or the

4   Section 95(a), note—

omit.

5   Section 96(1)(a), note—

omit.

6   Section 99(2), ‘Fisheries (East Coast Trawl) Management Plan 1999’—

omit, insert—

Fisheries Declaration 2019 and the Fisheries Regulation, chapter 7A

7   Schedule 4, definition fisheries legislation, paragraphs (c) and (d)—

omit, insert—

(c)the Fisheries Declaration 2019.

8   Schedule 4, definition limited spearfishing, item 2(b), ‘Fisheries Regulation, chapter 2, part 7, division 3, subdivision 3’—

omit, insert—

Fisheries Declaration 2019, section 50

9   Schedule 4, definition netting, before ‘Fisheries’—

insert—

Fisheries Declaration 2019 and the

10   Schedule 4, definition recreational fisher—

omit, insert—

recreational fisher see the Fisheries Regulation, schedule 11, part 1, section 8(1).

11   Schedule 4, definition trawling, ‘Fisheries (East Coast Trawl) Management Plan 1999’—

omit, insert—

Fisheries Regulation, chapter 7A

Nature Conservation (Wildlife Management) Regulation 2006

1   Section 11A(2), ‘Fisheries Regulation 2008, schedule 1’—

omit, insert—

Fisheries Declaration 2019, schedule 1

Planning Regulation 2017

1   Schedule 7, sections 3(1) and 6 to 8, ‘section 23’—

omit, insert—

section 32

2   Schedule 7, section 3(2), definitions indigenous freshwater fish and indigenous marine fish, ‘schedule’—

omit, insert—

schedule 1

3   Schedule 24, definitions aquaculture, declared fish habitat area, tidal land, waterway and waterway barrier works, ‘schedule’—

omit, insert—

schedule 1

Rural and Regional Adjustment Regulation 2011

1   Schedules 8, 26, 27, 28 and 29—

omit.

Transport Operations (Marine Pollution) Regulation 2018

1   Schedule 7, definition aquaculture fisheries resources, ‘schedule’—

omit, insert—

schedule 1