Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984 (Qld)

325 (uernutcznti ANNO TRICESIMO TERTIO ELIZA E AE SE T AE REGINAE No. 29 of 1984 An Act to amend the Fishing Industry O rga niza tion and M arketing Act 1982-1983 and the Fisheries Act1976-1982 each in certain particulars [ASSENTED TO 5TH APRIL, 1984]

326 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART 11-AMENDMENTS OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 1982-1983; PART III-AMENDMENTS OF FISHERIES ACT 1976-1982. PART II-AMENDMENTS OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 1982-1983 4. Citation . (1) In this Part the Fishing IndustryOrganizationand Marketing Act1982-1983, being the Fishing Industry Organizationand Marketing Act1982 as amended by the Fishing Industry Organization and Marketing -Act Amendment Act 1983, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fishing Industry Organization and Marketing Act1982-1984. 5. Amendment of long title." The Principal Act is amended by omitting the long title and substituting the following long title:- " An Act to provide for the management and control of the supply and marketing of fish and for the management of fisheries resources and to promote the good order, management and development of the fishing industry throughout the State and for other purposes ".

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 327 6. Amendment of s. 4. Arrangement of Act. Section 4 of the Principal Act is amended by omitting all words from and including " Division III " to and including " Marketing of Fish; " and inserting the following words:- Division Ill-Powers of Inspection and the Regulation of Marketing of Fish and of Management of the Fishing Industry; Division IV-Fisheries Resources, Protection and Management;". 7. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) inserting after the definition " aquaculture " the following definition: " " arrow-head trap " means a trap comprising a structure of netting or netting made from other material fixed to posts erected in such manner as to be capable of taking fish: the term includes the structure known as a spear-head trap;"; (b) inserting after the definition " chairman " the following definitions:- Chhiieeff Inspector of Fisheries " means the Chief Inspector of Fisheries appointed pursuant to section 45AE and includes any person for the time being performing the duties of the Chief Inspector of Fisheries; " closed season " means, in relation to any fish or marine product and any Queensland waters, the period of time declared by or under this Act to be a closed season; " closed waters " means, in relation to any fish, marine product or apparatus those Queensland waters declared by or under this Act to be closed waters;"; (c) inserting after the definition " community fishing vessel " the following definitions: " " crab pot " means a trap comptising a cage or portable enclosure constructed of material of any kind and in such manner as to be capable of taking crabs; " crayfish pot " means a trap comprising a cage or portable enclosure constructed of material of any kind and in such manner as to be capable of taking crayfish or rock lobsters; " cross-line " means a fishing line made fast at both ends and set across or in a river, creek or stream or fresh water; " dilly " means a contrivance consisting of a frame made from metal or like material on which a net is hung which contrivance is set in such manner as to position the net below the horizontal plane of the frame;"; (d) inserting after the definition " fish products " the following definition:- " fishh sanctuary " means land and the waters covering that land set apart and declared under this Act to be a fish sanctuary;";

328 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 (e) inserting after the definition " fishing vessel " the following definitions:- " fishh--wwaayy " means a structure or contrivance that enables fish to pass through, by or over a weir, dam or other barrier across a river, creek or stream; " fixed apparatus " includes a net or apparatus fixed in position or rendered stationary or partly stationary in any manner for taking fish;"; (f) inserting after the definition " fresh water " the following definitions: " " freshwater fish " means a fish which at the material time is living in or was taken from fresh water and includes fish of a species which normally spends its entire life cycle in fresh water; " gaff hook " means a barbless hook mounted on a handle of wood or other material;"; (g) inserting after the definition " holder" the following definition:- GC GG indigenous " with respect to any fish or marine product and an area, means spawned or born within that area in addition to belonging to a species that is native to that area: where there is no specific reference to an area, that term means the whole State;"; (h) inserting after the definition " inspector " the following definitions " "jag " means take fish by means of a hook or an apparatus consisting of hooks operated in such manner as to foul-hook the fish; " jag -hook " means any hook or apparatus consisting of hooks used to take fish by jagging; " keep " includes have in possession; " land ", when used as a noun, means land within the territorial limits of the State and includes foreshores, land covered by water including shoals, reefs and other land whether of coral, rock or other formation; "landing net" means a hand-net the frame of which is 60 centimetres or less in its largest dimension used solely for lifting fish from the water;"; (i) inserting after the definition " Minister " the following definition:- ""mouth's in relation to a river, creek or stream that flows permanently or intermittently into the sea means the mouth thereof as prescribed or, where not so prescribed, the seaward limit thereof at its confluence with the trend-line of the general coast at low water;"; (j) inserting after the definition " oyster " the following definition:- to " permit " means a permit granted and issued under this Act and in force at any material time;";

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 329 (k) inserting after the definition " place " the following definitions:- " " port " includes any natural harbour, haven, channel or anchorage in or at which vessels can obtain shelter or ship and unship goods; " power-head " means a device by means of which a fish may be taken that may be attached to a spear and that consists of or contains an explosive charge;"; (1) inserting after the definition " premises " the following definition:- " " private purposes " means purposes other than commercial purposes;"; (m) inserting after the definition " sale " the following definitions: " " set " with respect to nets or apparatus includes place, put, drive, lay, fasten, stake, anchor or fix or attempt any of those acts; " size " in relation to fish and marine products includes prescribed measurement of length or breadth or other prescribed linear measurement or of weight; (n) inserting after the definition " take " the following definitions:- " territorial limits " means the limits that encompass land masses constituting the State together with Queensland waters; " tidal land " means land within the territorial limits of the State that is submerged at any time by tidal waters;"; (o) inserting after the definition " treat " the following definition: " " utter " includes use, deal with or act upon, or attempt so to do, or attempt to induce any person to use, deal with or act upon the thing in question as if it were genuine;". 8. Amendment of s. 23 . Appointment of officers and other employees. Section 23 of the Principal Act is amended by inserting in subsection (3) after the words " may appoint " the words " or appoint ". 9. Amendment of s. 27. Functions and Powers . Section 27 of the Principal Act is amended by inserting after provision (f) the following provisions :- " (fa) to promote the good order, management and development of the fishing industry; (fb) to provide for the protection, conservation and management of the fisheries resources of the State;". 10. Amendment of s. 31. Licences. Section 31 of the Principal Act is amended by- (a) inserting in subsection (1) after the words " issue licences " the words " or classes of licences ";

330 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 (b) omitting from provision (b) of subsection (2) all words from and including " : Provided that " to and including the words " complied with ". 11. Amendment of s. 34. Cancellation, revocation or suspension of licence . Section 34 of the Principal Act is amended by omitting from subsection (5) (h) the words " the holders of ". 12. Amendment of heading of Division III of Part H. Powers of Inspection and the Regulation of Marketing of Fish. The Principal Act is amended by adding to the heading of Division III of Part If the words " and of Management of the Fishing Industry ". 13. Amendment of s. 37. Powers of inspectors. Section 37 of the Principal Act is amended- (a) by inserting in subsection (1) (e) after the words "or any certificate," the words " plan, map,"; (b) by inserting in subsection (1) (oa) (i) after the words " time specified therein " the following words:- " Provided that in the case of a vessel that person may be required by that or another notice in writing to remain in control of that vessel pending the taking and determination of proceedings resulting from that seizure or to move that vessel to another place in Queensland specified by an inspector "; (c) by inserting after subsection (1) the following subsection:- " (lA) The Minister shall, upon application being made in that behalf, pay to a person deprived of the use of a vessel by reason of the use of that vessel by an inspector pursuant to subsection (1) (oa) (iv) of this section such sum of money as he considers reasonable by way of compensation- (a) for loss sustained by that person in connection with that deprivation; (b) for damage, if any, caused to the vessel while it was being used by the inspector.". 14. Amendment of s. 41. Offences . Section 41 of the Principal Act is amended by- (a) inserting in subsection (1) after the word " inspector " where it first appears.the words " or honorary ranger "; (b) inserting in subsection (5) after the words " of an inspector " the words " or honorary ranger "; (c) inserting in subsection (8) after the words " by an inspector " the words " or honorary ranger "; (d) inserting in subsection (10) after the words " by an inspector " the words " or honorary ranger ".

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 331 15. Amendment of s. 45A. P rohibition of use of explosive , firearm, noxious substance or electrical device for taking fish. Section 45A of the Principal Act is amended by- (a) inserting in the note appearing at the commencement of the section- (i) after the word and expression " explosive," the words and expression " explosive-propelled missile,"; (ii) after the word and expression " firearm," the word and expression " power-head,"; (b) omitting from subsection (2) after the word and expression " regulations," the words " use a firearm " and substituting the words " use any explosive, explosive-propelled missile, firearm "; (c) inserting in subsection (4) after the word " use " the words " or have in possession "; (d) inserting at the foot of subsection (4) the words " Penalty: $1 000.". 16. New D ivision IV and ss. 45AA to 45AT. The Principal Act is amended by adding to Part II after section 45A the following Division and sections:- Division IV-Fisheries Resources, Protection and Management " 45AA. Non-application of Act in certain circumstances. (1) This Act does not apply to- (a) the unintentional taking of fish or marine products of any species of a less size than that prescribed in respect of that species or of fish or marine products that are otherwise protected by or under this Act where fish or marine products so taken are returned immediately to the water by the person taking them without firstly wilfully subjecting them to injury; (b) the unintentional having in possession of fish or marine products of any species of a less size than that prescribed in respect of that species or of fish or marine products that are otherwise protected by or under this Act where the person having in possession such fish or marine products has been unable owing to circumstances beyond his control to return them to the water immediately after he first had them in possession and has not in the meantime wilfully subjected them to injury; (c) the use by a person of a landing net or gaff hook to secure fish taken otherwise than in contravention of this Act; (d) the taking, otherwise than by the use of any noxious substance or explosive, of fish or marine products in Queensland waters for private purposes by any Aborigine or Torres Strait Islander who at the material time is

332 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 resident on a reserve being land reserved and set apart by the Governor in Council under the provisions of law relating to Crown lands for the benefit of Aborigines or Torres Strait Islanders. 45AB. Power to amend schedules . (1) The Governor in Council, by Order in Council- (a) may amend the Third or Fourth Schedule by adding thereto or omitting therefrom the name of any species of fish or marine product; (b) in the case of the Third Schedule- (i) may vary the measurement of size set forth therein opposite the name of any species of fish or marine product and the method of measuring that size; (ii) may vary, add thereto or omit therefrom methods of determination of the measurement of size of any species of fish or marine product. (2) The power to amend a schedule conferred upon the Governor in Council by this section includes power to amend by revoking a schedule as it exists at the material time and substituting in its stead a new schedule. (3) Any schedule as amended pursuant to subsection (1) is for the time being the schedule. 45AC. Fish and marine products protected on account of size. (1) Fish and marine products of the species specified in Part I of the Third Schedule shall be throughout the State protected fish and marine products until they have attained the size set forth in that Part opposite the name of each species of fish or marine product respectively. (2) The method of determination of the measurement of the size of fish or marine product specified in Part I of the Third Schedule shall be that specified in Part II thereof. (3) Notwithstanding the provisions of subsection (1), fish of the species Lates calcarifer (Barramundi) and Promicrops lanceolatus (Groper) shall be throughout the State protected fish when those fish have attained a measurement of size exceeding the size prescribed by the Governor in Council by Order in Council. (4) For the purposes of subsection (3) the method of determination of the measurement of size of fish of the species Lates calcarifer (Barramundi) and Promicrops lanceolatus (Groper) shall be taken to be that specifiedin Part II of the Third Schedule. 45AD. Protected fish, marine products . Fourth Schedule. Fish and marine products of the species specified in the Fourth Schedule shall be throughout the State protected fish and marine vroducts.

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 333 45AE. Appointment of officers and honorary rangers. (1) The Governor in Council may, by notification published in the Gazette, appoint a Chief Inspector of Fisheries and so many other officers and inspectors as he considers necessary for the effectual administration of this Act. (2) A person appointed under subsection (1) may at the discretion of the Governor in Council hold office under, subject to and in accordance with the Public Service Act1922-1973. (3) The Chief Inspector of Fisheries shall have and may exercise or perform the powers, authorities, functions and duties of an inspector. (4) For the purposes of this Act, the following persons shall, by virtue of their offices and without further or other appointment, be inspectors:- (a) all members of the Police Force of the State; (b) all officers of the patrol presently called the Queensland Boating and Fisheries Patrol of the Department of Harbours and Marine, by whatever name subsequently called. The Governor in Council may by Order in Council amend the list of persons specified in this subsection by adding to, deleting from, altering or varying that list and the list as so amended shall be for the time being the list of persons for the purposes of this subsection. (5) (a) The Minister may, by notification published in the Gazette, appoint for the effectual administration of this Act such persons as he considers necessary to be honorary rangers. (b) The procedure with respect to an application by a person for appointment as an honorary ranger shall be as prescribed. (c) An appointment pursuant to this subsection shall be subject to such terms, conditions or restrictions as the Minister determines. (d) An honorary ranger- (i) shall hold office during the pleasure of the Minister; (ii) may resign his office at any time by furnishing to the Chief Inspector of Fisheries notice in writing signed by him accompanied by the certificate of authority issued to him. 45AF. Powers of honorary rangers. Subject to the terms, conditions or restrictions imposed by the Minister upon his appointment, an honorary ranger at any time- (a) may require a person found by him committing or suspected on reasonable grounds of having committed an offence against this Act- (i) to state his full name and the address of his usual place of residence and, if the honorary ranger considers it necessary, the full name and the address of the usual place of residence of any other person;

334 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 (ii) to produce evidence of the correctness of a name or address given, if he suspects on reasonable grounds that it is false; (iii) to deliver up the fish or marine product, if any, in respect of which the offence is being or is suspected of having been committed, and any apparatus, explosive, explosive-propelled missile, firearm, noxious substance or other thing of any kind that is being or is suspected on reasonable grounds of having been used in the commission of the offence; (b) may exercise such other powers and discharge such other functions and duties as are prescribed. 45AG. Closed season . The Governor in Council may, by Order in Council for the purposes of this Act, declare, with respect to any species of fish or marine product and any Queensland waters specified in the order, without limit of time or for the time specified therein, a closed season. 45AH. Closed waters . The Governor in Council may, by Order in Council for the purposes of this Act, declare any Queensland waters specified in the Order to be, without limit of time or for the time specified in the Order, closed waters. 45AI. Prohibition on taking fish or marine products in closed waters or closed seasons . Unless authorized by or under this Act, a person- (a) shall not in closed waters use or have in possession apparatus in respect of which those waters have been declared or in quantities greater than those prescribed with respect thereto; (b) shall not in closed waters take or have in possession any fish or marine product in respect of which those waters have been declared: Provided that where such declaration has been made in respect of closed waters which have been stocked with fish by the Crown, the Minister may permit, by writing signed by him, on payment of a fee as prescribed and subject to such conditions as may be prescribed and stated on the permit, the taking of fish in such closed waters; (c) shall not, during a closed season in the area of the State to which that season applies, take or have in possession any fish or marine product in respect of which that season applies. Penalty: $2 000 and, if the court so orders, forfeiture to the Crown of any vessel or vehicle and any apparatus used or employed in the commission of the offence, any bag, package, bottle or other receptacle or thing containing such fish or marine products there found and so taken in contravention of this Act, or the proceeds of sales of fish or marine products so taken.

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 335 45AJ. Taking protected species. Unless authorized by or under this Act, a person shall not take, have in possession or sell- (a) any fish or marine product of a species specified in Part I of the Third Schedule that is of a measurement of size less than the measurement set forth opposite the name of that species; (b) any fish or marine product of a species specified in the Fourth Schedule; (c) any fish of the species Lates calcarifer (Barramundi) or Promicrops lanceolatus (Groper) of a measurement of size exceeding the size prescribed by the Governor in Council by Order in Council. Penalty:- (d) for an offence to which subparagraph (a) relates- (i) in the case of mud crabs- (A) where it is proved that the offender has taken, had in possession or sold a quantity of the specified crabs in excess of the number prescribed, $5 000 or six months imprisonment or both such fine and such imprisonment; (B) in any other case, $400; (ii) in the case of all fish and marine products other than those specified in provision (i), $400; (e) for an offence to which subparagraph (b) relates- (i) in the case of female mud crabs- (A) where it is proved that the offender has taken, had in possession or sold a quantity of female mud crabs being a number in excess of the number prescribed, $5 000 or six months imprisonment or both such fine and such imprisonment; (B) in any other case, $400; (ii) in the case of all fish and marine products other than those specified in provision (i), $400; (f) for an offence to which subparagraph (c) relates, $400. In the case where a vessel or vehicle is used or employed in the commission of any offence defined in this section, the offender is liable to a penalty of $1 000 and, if the court so orders, forfeiture to the Crown of the vessel or vehicle and any apparatus used or employed in the commission of the offence and any fish or marine products taken in contravention of this Act or the proceeds of sale of fish or marine products so taken. 45AK. Taking of specified fish. (1 ) Unless authorized by or under this Act, a person shall not, with respect to any fish of a species specified in the Table to this section- (a) take or have in possession any of those fish of a number greater than the prescribed maximum number;

336 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 (b) take or have in possession a quantity of those fish greater than the prescribed maximum quantity; (c) take any of those fish at a place other than a prescribed place for the taking of those fish; or (d) take any of those fish at a time other than a prescribed time for the taking of those fish. Penalty: $400. In the case where a vessel or vehicle is used or employed in the commission of an offence defined in this section, the offender is liable to a penalty of $1 000 and, if the court so orders, forfeiture to the Crown of the vessel or vehicle and any apparatus used or employed in the commission of the offence and any fish taken in contravention of this Act or the proceeds of sale of fish so taken. (2) The Governor in Council may, by Order in Council for the purposes of this section, amend by adding thereto or omitting therefrom the name of any species of fish or marine products and may with respect to any fish of a species specified in the Table to this section, prescribe- (a) the maximum number of those fish that may be taken or had in possession; (b) the maximum quantity of those fish that may be taken or had in possession; (c) the place or places where those fish may be taken; or (d) the time or times when those fish may be taken, by any person or class of person. TABLE PROTECTED SPECIES Common Name Scientific Name Australian Bass Barramundi Black Marlin Crab Freshwater Fish Percalates colonorum Lates calcarifer Makaira indica Any species Any species

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 337 45AL. Forfeiture of certain fish or marine products . Fish or marine products contained in any heap or collection or any bag, package, bottle or other receptacle taken or had in possession or sold in contravention of section 45AJ or 45AK that are seized by an inspector in the exercise of his powers under this Act shall thereupon be forfeited to the Crown and, where the weight or number of fish or marine products so taken or had in possession or sold exceeds 5 per centum of the total weight or number of fish or marine products contained in the heap or collection or, as the case may be, bag, package, bottle or other receptacle, the whole of such contents shall upon seizure be forfeited to the Crown. Fish or marine products so forfeited shall be disposed of in the manner determined by the Chief Inspector of Fisheries. 45AM. Prohibition as to apparatus . (1) A person shall not, save as prescribed- (a) have in possession any apparatus; (b) for the purpose of taking fish, use any apparatus. Penalty : $1 000. A net had in possession or used in contravention of this subsection that is the property of a person other than a master fisherman or assistant fisherman or the licensee of a commercial fishing vessel and that is seized by an inspector in the exercise of his powers under this Act shall, upon the conviction of that person, be forfeited to the Crown. (2) Subject to this Act, subsection (1) does not apply to the use of a rod and line or hand-line- (a) in tidal waters, with not more than 6 hooks attached; (b) in fresh water, with not more than 1 hook attached. 45AN. Prohibition as to illegal apparatus . (1) A person- (a) shall not use or have in possession in Queensland waters illegal apparatus; (b) shall not use or have in possession in any area of Queensland waters any kind of apparatus the use of which is prohibited in that area. Penalty: $500 and, if the court so orders, forfeiture to the Crown of the apparatus used in the commission of the offence. (2) This section does not apply in the case of a fishing vessel that is lawfully passing through Queensland waters wherein the use of any apparatus being carried on that vessel is prohibited if that apparatus is stowed and secured.

338 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 45AO. Prohibition on removing fish or marine products from apparatus . A person other than an inspector or honorary ranger shall not in Queensland waters remove any fish or marine product from apparatus unless that person is the owner of that apparatus or is acting with the authority of the owner. Penalty: $500. 45AP. Taking freshwater fish. (1) Except as otherwise prescribed, a person shall not in fresh water take fish by means other than a fishing line with one hook only or an artificial fly or lure attached. (2) A person who takes fish in fresh water- (a) shall not set at any one time more than the number of fishing lines prescribed by the regulations and until so prescribed more than 6 fishing lines; (b) shall not set as a cross-line a fishing line. (3) For the purposes of this section, fresh water does not include waters in any privately constructed impoundment that is not across a watercourse. 45AQ. Taking fish by jagging. A person shall not take fish by means of jagging. 45AR. Restrictions on taking fish with spear or spear-gun. A person shall not, save as prescribed, while using or wearing underwater breathing apparatus other than a snorkel, take fish by means of a spear or spear-gun. 45AS. Fish-ways. (1) A person who desires to construct or erect a dam, weir or other barrier of any kind (in this section referred to as the proposed works) across a river, creek, stream, inlet of the sea or other water-way shall give to the Minister three months notice in writing of his intention and shall submit to the Minister therewith the prescribed information or so far as not prescribed such information as the Minister determines. (2) If in the opinion of the Minister it is desirable that there be constructed or erected on, over, through or across the proposed works a fish-way, the Minister may, by order in writing signed by him, direct the person concerned to construct or erect on, over, through or across the proposed works a fish-way in accordance with plans and specifications approved by the Minister and within the time specified in the order or in a subsequent order. (3) If in the construction or erection of the proposed works the person to whom an order is given pursuant to subsection (2) or any person on his behalf fails in any respect to carry out every direction given in the order, the Minister may take all such steps and do all such acts and things as he thinks necessary for the construction or erection of the fish-way in accordance with the plans and specifications approved by him.

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 339 The Chief Inspector of Fisheries may recover from the person to whom the order is given the costs, charges and expenses incurred in the exercise of the powers conferred by this subsection as a debt due to the Crown by action brought by him in a court of competent jurisdiction in the name of the office he occupies as Chief Inspector of Fisheries. (4) A person who- (a) fails to comply with any provision of this section; (b) fails to carry out a direction contained in an order given pursuant to this section, commits an offence against this Act. Penalty: $1000. 45AT. Requirement as to carrying licence , permit , certificate or other authority . The holder of a licence, permit, certificate or other authority granted and issued under this Act shall, at all times while he is engaged in doing anything for the doing of which that licence, permit, certificate or other authority is required, carry it with him. If the holder is not carrying with him the licence, permit, certificate or other authority in accordance with this section when called upon to produce it by a person acting under the authority of this Act, he shall produce it to that person or another person specified by that person within such time as is prescribed.". 17. Repeal of and new s. 132. Queensland Commercial Fishermen's Organization . The Principal Act is amended by repealing section 132 and substituting the following section:- " 132. Queensland Commercial Fishermen ' s Organization. (1) The Queensland Commercial Fishermen's State Council constituted under the Fisheries Act1976 is preserved, continued in existence and constituted under this Act under the name " Queensland Commercial Fishermen's Organization " and shall have and may exercise or perform such powers, authorities, functions and duties as the Governor in Council by Order in Council from time to time determines. (2) The Queensland Commercial Fishermen's Organization shall consist of- (a) the Queensland Commercial Fishermen's State Council as constituted by subsection (4); and (b) those master fishermen who are qualified to be members of commercial fishermen's local branches. (3) Queensland Commercial Fishermen's Organization by that name shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued, of compounding and proving in any court of competent jurisdiction all debts and sums of money due to it and of acquiring, holding, demising and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do or suffer.

340 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 All courts and persons acting judicially shall take judicial notice of the common seal and until the contrary is proved shall presume that it was duly affixed to any document on which it appears. The acquisition and holding of land by Queensland Commercial Fishermen's Organization may be as trustee for any commercial fishermen's local branch upon such trusts and with such powers as the Governor in Council by Order in Council determines. (4) Queensland Commercial Fishermen's State Council shall consist of the number of representatives that each commercial fishermen's local branch is entitled under the regulations to appoint to the State Council from its members. (5) There shall be constituted in respect of every prescribed area within the State, a commercial fishermen's local branch consisting of those fishermen who are qualified as prescribed. (6) (a) The functions of the Queensland Commercial Fishermen's State Council are- (i) to promote and develop the fishing industry; (ii) to organize fishermen with a view to fostering, protecting and advancing their interests; (iii) to encourage and assist co-operation between fishermen and departments of the Government of the State and of the Commonwealth, Queensland Fish Management Authority, Queensland Fish Board and other bodies with a view to improving methods and efficiency within the fishing industry by means of surveys and research, promulgation of technical and scientific knowledge, the conservation of fish and fishing grounds and any other means that may from time to time be desirable; (iv) to take such action as may be necessary to achieve affiliation with like associations in other States and in Territories of the Commonwealth; (v) to establish and maintain publications for the purpose of furnishing to fishermen information relating to the fishing industry or the advancement or interests of fishermen; (vi) generally to do all such things and take all such steps as are necessary for the protection, advancement and furtherance of the fishing industry. (b) In addition to or in modification of the functions set out in paragraph (a) Queensland Commercial Fishermen's State Council shall have and may exercise or perform such powers, authorities, functions and duties as the Governor in Council by Order in Council from time to time determines.".

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 341 18. Amendment of First Schedule. Subject matter for Regulations. The First Schedule of the Principal Act is amended by- (a) omitting from clause 3 (a) all words from and including the words "the use of wharves" to and including "vessels from wharves;" and substituting the following words:- the use of wharves or moorings under Board or Authority control, the time for which vessels may tie up or use wharves or moorings and removal of vessels from wharves or moorings;"; (b) omitting clause 16 and substituting the following clause:- " 16. All matters and things relating to Queensland Commercial Fishermen's Organization and, without limiting the generality of this provision, for or with respect to- (a) the constitution and functions of commercial fishermen's local branches; (b) the constitution and functions of the Queensland Commercial Fishermen's State Council; (c) defining areas in respect of commercial fishermen's local branches; (d) meetings and the conduct of business at meetings of Queensland Commercial Fishermen's State Council and commercial fishermen's local branches; (e) nomination,, election, appointment, qualifications, disqualifications, tenure of office, vacation of office, filling of casual vacancies in respect of members of Queensland Commercial Fishermen's State Council and commercial fishermen's local branches; eligibility of persons to become such members; (f) empowering Queensland Commercial Fishermen's State Council with the approval of the Minister, from time to time- (i) to fix the fees, expenses and allowances that may be paid to members of Queensland Commercial Fishermen's State Council and commercial fishermen's local branches; (ii) to make a general levy on commercial fishermen for the purpose of carrying out the functions of Queensland Commercial Fishermen's State Council and commercial fishermen's local branches; (g) the methods of collection and recovery of levies including collection and recovery thereof from persons holding moneys to the credit of persons liable to pay those levies; imposing fines for non-payment of levies or non-payment of moneys by persons holding moneys to the credit of persons liable to pay levies; (h) defining for the purposes of this section marine products to which the fishing industry relates;

342 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 (i) the common seal of Queensland Commercial Fishermen's Organization ; (j) facilitating proof of any matter.". 19. New Third and Fourth Schedules. The Principal Act is amended by adding after the Second Schedule the following Schedules " THIRD SCHEDULE PART I SPECIES OF FISH AND MARINE PRODUCTS PROTECTED UNTIL ATTAINING A PRESCRIBED SIZE AND PRESCRIBED SIZES Common Name Barramundi Bass-Australian Bream- Pikey Yellow-finned Cod- Estuary rock Murray Crab- Mud Sand Spanner or Frog Emperor- Red Red-finned Sweetlip Flathead- Bar-tailed Mud Sand Groper-Queensland Javelin-fish- Small spotted Spotted Scientific Name Lates calcarifer Percalates colonorum Size 50 cm 25 cm Acanthopagrus berda .. Acanthopagrus australis 23 cm 23 cm Epinephelus tauvina Maccullochella macquariensis 35 cm 50 cm Scylla serrata Portunus pelagicus 1 Ranina ranina .. Lutjanus sebae Lethrinus fletus Lethrinus chrysostomus 15 cm (carapace) 4.6 cm (body) 15 cm (carapace) 3.7 cm (body) 10 cm (carapace) 35 cm 30 cm 30 cm Platycephalus indicus Platycephalusfuscus Platycephalus arenarius Promicrops lanceolatus 30 cm 30 cm 30 cm 35 cm Pomadasys opercularis Pomadasys hasta . . 30 cm 30 cm

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 343 THIRD SCHEDULE - continued PART 1 - continued Common Name Scientific Name Size Jew-fish- Silver Spotted Johnius soldado Johnius diacanthus 30 cm 30 cm Luderick .. Girella tricuspidata . . 23 cm Mackerel- Broad-barred Narrow-barred Queensland School Spotted Indocybium semifasciatum Cybium commersoni .. Cybium queenslandicus Sawara niphonia 45 cm 45 cm 45 cm 45 cm Mullet-Sea Mulloway .. Perch-Golden Saratoga Snapper Tarwhine Mugil cephalus Johnius antarctica Plectroplites ambiguus Scleropages leichardti leichardti Chrysophrys auratus Rhabdosargus sarba 30 cm 30 cm 30 cm 35 cm 25 cm 23 cm Teraglin- Jew Silver Trout-Coral Salmon- Burnett Cooktown Dawson River Whiting- Golden-lined Sand .. .. Atractoscion aequidens Otolithes argenteus . Plectropomus maculatus 30 cm 30 cm 3c cm Polydactylus sheridani Eleutheronema tetradactylum Scleropages leichardti guntheri 40 cm 40 cm 35 cm .. Sillago analis .. .. .. 23 cm .. Sillago ciliata .. .. 1 23 cm

344 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 PART II MEASUREMENT OF SIZE All fish specified in this schedule except crabs shall be measured overall-that is, from the point of the snout (or the tip of the lower jaw, if that tip protrudes beyond the snout) to the extremity of the tail. Mud and sand crabs shall be measured across the greatest dimension of the carapace, but in cases where the carapace is missing or damaged shall be measured on the underside of the body on the one side, from the notch at the base of the junction of the claw (first pereiopod) with the body, to the notch at the base of the junction of the last walking leg (fourth pereiopod) with the body. Spanner or frog crabs shall be measured along the length of the carapace between the tip of the rostrum and the mid dorsal posteria margin of the carapace. FOURTH SCHEDULE PROTECTED SPECIES Common Name Scientific Name Crab, mud (female) Scylla serrata Crab, sand (female) Portunus pelagicus Crab, spanner or frog (female and egg-bearing) Ranina ranina PART III-AMENDMENTS OF FISHERIES ACT 1976-1982 20. Citation . (1) In this Part the Fisheries Act1976-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fisheries Act1976-1984. 21. Amendment of s. 12. Fish and marine products protected on account of size. Section 12 of the Principal Act is amended by omitting subsections (3) and (4). 22. Amendment of s. 18. Powers of inspector . Section 18 of the Principal Act is amended by omitting provision (m) from subsection (1).

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 345 23. Repeal of and new s. 56. Taking protected species. The Principal Act is amended by repealing section 56 and substituting the following section:- " 56. Taking protected species . Unless authorized by or under this Act, a person shall not take, have in possession or sell- (a) any fish or marine product of a species specified in the Second Schedule; (b) any fish or marine product of a species specified in Part I of the Third Schedule that is of a measurement of size less than the measurement set forth opposite the name of that species. Penalty: (c) for an offence to which subparagraph (a) relates- (i) in the case of turtles and mammals, $1 000 for each turtle or mammal in respect of which the offence is committed; (ii) in the case of all fish and marine products other than those specified in provision (i), $400. (d) for an offence to which subparagraph (b) relates-$400. In a case where a vessel or vehicle is used or employed in the commission of an offence defined in this section, the offender is liable to a penalty of $1 000 and, if the court so orders, forfeiture to the Crown of the vessel or vehicle and any apparatus used or employed in the commission of the offence and any fish or marine products taken in contravention of this Act or the proceeds of sale of fish or marine products so taken.". 24. Repeal of s. 56A. T aking of specified fish. The Principal Act is amended by repealing section 56A. 25. Repeal of s. 73. Fish-ways. The Principal Act is amended by repealing section 73. 26. Repeal of s. 87. Penalties exacted by way of notice to offender. The Principal Act is amended by repealing section 87. 27. Amendment of Second Schedule. Protected Species. Principal Act is amended by-- (a) omitting from column I titled " Common Name "- (i) the words " Crab, mud (female) "; (ii) the words " Crab, sand (female) "; (b) omitting from column 2 titled " Scientific Name "- (i) the words " Scylla serrata "; (ii) the words " Portunus pelagicus ". The t2

346 Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 28. Repeal of and new Third Schedule. The Principal Act is amended by repealing the Third Schedule and substituting the following schedule:- " THIRD SCHEDULE PART I SPECIES OF FISH AND MARINE PRODUCTS PROTECTED UNTIL ATTAINING A PRESCRIBED SIZE AND PRESCRIBED SIZES Common Name Scientific Name i Size Green snail .. .. .. Turbo marmoratus . . 280 g Oyster Crassostrea commercialis .. 5 cm Pearl-oyster- Gold lip Pinctada maxima .. 16 cm (overall) 12.5 cm (nacre) Trochus Trochus niloticus . 6 cm PART 11 MEASUREMENT OF SIZE Oysters shall be measured across the largest axis of the shell. Trochus shall be measured across the largest diameter of the base. Pearl-oysters shall be measured- (a) across the shell overall from the butt or hinge to the opposite edge of the lip; ( b) across the shell from the butt or hinge to the edge of the nacre. The measurement of green snails shall be the weight of the shells alone. Linear measurements shall be measurements in the one plane.".

Fishing Industry Organization and Marketing Act and Another Act Amendment Act 1984, No. 29 347 29. Amendment of the Fifth Schedule. Subject matter for Regulations. The Fifth Schedule of the Principal Act is amended by omitting clauses 22 and 30.