Fishing Industry Organisation and Marketing Amendment Regulation (No. 6) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 475 Fishing Industry Organisation and Marketing Act 1982 FISHING INDUSTRY ORGANISATION AND MARKETING AMENDMENT REGULATION (No. 6) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new s.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3A Native title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s.22 (Endorsement symbols) . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of Schedule 3 (Fisheries endorsements) . . . . . . . . . . . . . . . . . 3 6 Amendment of Schedule 5 (Apparatus which may be used by licensed fishers using commercial fishing vessels) . . . . . . . . . . . . . . . . . . . 3

2 Fishing Industry Organisation and Marketing Amendment (No. 6) No. 475, 1993 ˙ Short title 1. This regulation may be cited as the Fishing Industry Organisation and Marketing Amendment Regulation (No. 6) 1993 . ˙ Amended regulation 2. The Fishing Industry Organisation and Marketing Regulation 1991 is amended as set out in this regulation. ˙ Insertion of new s.3A 3. After section 3— insert— ˙ ‘Native title ‘3A.(1) If, apart from this subsection, this regulation would operate in a way that is wholly or partly inconsistent with the continued existence, enjoyment or exercise of native title, this regulation does not have that operation. ‘(2) In subsection (1)— “native title” means the communal, group or individual rights and interests of Aboriginal people or Torres Strait Islanders in land or waters if— (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal people or Torres Strait Islanders; and (b) the Aboriginal people or Torres Strait Islanders, by the laws and customs, have a connection with the land or waters; and (c) the rights and interests are recognised by the common law of Australia. ’. ˙ Amendment of s.22 (Endorsement symbols) 4. Section 22(1) (after ‘N’,)— insert ‘ ‘N1’, ’.

3 Fishing Industry Organisation and Marketing Amendment (No. 6) No. 475, 1993 ˙ Amendment of Schedule 3 (Fisheries endorsements) 5.(1) Schedule 3 (endorsement N, paragraph 3)— omit ‘ 13 ’, insert ‘ 13A ’. (2) Schedule 3 (after endorsement N)— insert— ‘N1. Limited net fishery ‘1. Fishery operations are to be carried out only in waters between the north head of Baffle Creek and the south head of Kauri Creek on the east coast of Queensland. ‘2. Only apparatus serial No. 1, 4, 12, 13A, 15A, 17 or 18 is to be used. ‘3. The endorsement is not transferable. ’. ˙ Amendment of Schedule 5 (Apparatus which may be used by licensed fishers using commercial fishing vessels) 6.(1) Schedule 5 (Serial No. 13A, paragraph 3)— omit, insert— ‘3. Despite paragraph 2, a net must not be used in the waters of a river or creek on Fraser Island flowing into Great Sandy Strait. ‘3A. A net may be used only between 12 noon EST on 1 February and 12 noon EST on 1 November in each year. ‘3B. Paragraph 3A does not apply to the waters of a river or creek between the north head of Baffle Creek and the south head of Kauri Creek (Great Sandy Strait). ’. (2) Schedule 5 (Serial No. 15, after paragraph 9)— insert— ‘10. Despite paragraph 9, a net may be used during the period mentioned in the paragraph if the net has— (a) a mesh size of 100–215 mm; and (b) a maximum ply of 40 ply.

4 Fishing Industry Organisation and Marketing Amendment (No. 6) No. 475, 1993 ‘11. Despite paragraph 2, a net may be used under paragraph 10 only to take unprotected species of fish in tidal waters on a foreshore between the south head of St Lawrence Creek and the north head of Baffle Creek. ’. (3) Schedule 5 (Serial No. 16, paragraph 2)— omit, insert— ‘2. The net is to be used only to take unprotected species of fish in tidal waters on a foreshore between Cape Flattery and the north head of St Lawrence Creek (other than tidal waters of a river or creek that are upstream of the entrance of the river or creek). ’. ENDNOTES 1. Made by the Governor in Council on 16 December 1993. 2. Notified in the Gazette on 17 December 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. The State of Queensland 1993