Fishing Industry (Use of Nets) Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 80 Fishing Industry Organisation and Marketing Act 1982 FISHING INDUSTRY (USE OF NETS) AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of ss 1A–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Native title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Fixing of coastal boundary lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 References to F ↑ B boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Closed waters for nets generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Closed waters for nets for protection of spawning barramundi . . . . . 6 4 Amendment of Sch 1 (Closed waters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of Sch 2 (Closed waters for spawning barramundi) . . . . . . . . . 6 6 Insertion of new Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 3 OTHER CLOSED WATERS FOR PROTECTION OF SPAWNING BARRAMUNDI 1 Middle Head to Norton Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 South Trees Inlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Calliope River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Graham Creek on Curtis Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 5 Cattle Point to Cardigan Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 First Lagoon Creek on Curtis Island . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Second Lagoon Creek on Curtis Island . . . . . . . . . . . . . . . . . . . . . . . 9 8 South Bluff to Coconut Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Island Bluff to Charon Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Little Cape Creek to Shag Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constant Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Nobbies Inlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Burdekin River Anabranch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Sheep Station Creek to Barratta Creek . . . . . . . . . . . . . . . . . . . . . . . 11 15 Victoria Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Gentle Annie Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Hinchinbrook Channel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Macushla Point to Forkey’s Creek on Hinchinbrook Island . . . . . . . 13 19 Thompson Point to Flying Fish Point (Johnstone River) . . . . . . . . . 13 20 Trinity Inlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Barron River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Four Mile Beach to Magazine Island . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Mossman River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Endeavour River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

3 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 ˙ Short title 1. This regulation may be cited as the Fishing Industry (Use of Nets) Amendment Regulation (No. 1) 1994 . ˙ Amended regulation 2. The Fishing Industry (Use of Nets) Regulation 1989 is amended as set out in this regulation. ˙ Replacement of ss 1A–3 3. Sections 1A to 3— omit, insert— ˙ ‘Native title ‘2.(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. ˙ ‘Definitions ‘3. In this regulation— ‘‘coastal boundary line” means a coastal boundary line mentioned in a

4 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 description of waters set out in Schedule 3; “coastal 1 km boundary line” for a coastal boundary line means a line on the seaward side of the coastal boundary line each point of which is— (a) 1 km from the nearest point of the coastal boundary line; and (b) no closer than 1 km from the coastline at high water; “coastal 1 km line” for a waterway means a line on the seaward side of the coastline each point of which is— (a) 1 km from the nearest point of the measured coastline for the waterway; and (b) no closer than 1 km from the coastline at high water; “coastal 500 m boundary line” for a coastal boundary line means a line on the seaward side of the coastal boundary line each point of which is— (a) 500 m from the nearest point of the coastal boundary line; and (b) no closer than 500 m from the coastline at high water; “F ↑ B board” means a board— (a) on which the marking F ↑ B is included; and (b) that is erected or displayed with the authority of the Queensland Fish Management Authority; “head” of a waterway means a point (taken at high water) that— (a) is at the confluence of the waterway with the sea; and (b) is on the general trend line of the coast; and (c) is at the seaward limit for the waterway of— (i) marine vegetation, mangrove trees or terrestrial vegetation at the confluence; or (ii) permanent sand spits at the confluence exposed at high water; or (iii) rocky headlands or outcrops at the confluence; or (iv) a combination of vegetation, trees, spits, headlands or

5 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 outcrops at the confluence; “measured coastline” for a waterway means a line that— (a) runs along the coastline at high water mark from a point 1 km from a head of the waterway (measured without crossing the waterway) to that head of the waterway; and (b) continues in a straight line between that head of the waterway and the other head of the waterway; and (c) continues along the coastline at high water mark to a point 1 km from the other head of the waterway; “waterway” means a river, creek or inlet. ˙ ‘Fixing of coastal boundary lines ‘4. A coastal boundary line between 2 places is fixed in the following way— (a) by following the coastline between the 2 places at high water mark; and (b) if a waterway is located between the places—by taking a direct line between the heads of the waterway. ˙ ‘References to F ↑ B boards ‘5.(1) In a description of waters set out in Schedule 3, a reference to an F ↑ B board located in a specified direction from a specified place is a reference to the F ↑ B board nearest to the place in that direction. ‘(2) Evidence that a board on which the marking F ↑ B is included was erected or displayed at a place is evidence that the board was erected or displayed at the place with the authority of the Queensland Fish Management Authority. ˙ ‘Closed waters for nets generally ‘6.(1) Queensland waters described in Schedule 1 are closed waters— (a) for nets, other than the nets specified in the Schedule for the

6 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 waters; and (b) for the time specified in the Schedule for the waters. ‘(2) A net specified in Schedule 1 may be used for taking fish only on the conditions of use specified in the Schedule for the net. ˙ ‘Closed waters for nets for protection of spawning barramundi ‘7.(1) The following Queensland waters are closed waters— (a) waters between the measured coastline for a waterway mentioned in Schedule 2 and the coastal 1 km line for the waterway; (b) waters described in Schedule 3; (c) a waterway having its entrance into— (i) waters described in Schedule 3; or (ii) Nobbies Inlet; or (iii) Trinity Inlet; (d) a tributary of a waterway mentioned in paragraph (c). ‘(2) The waters are closed waters between midday 1 November each year and midday 1 February of the next year. ‘(3) The waters are closed waters for— (a) east coast foreshore set gill nets; and (b) river entrance and foreshore set gill nets. ’. ˙ Amendment of Sch 1 (Closed waters) 4. Schedule 1, after the heading— insert— ‘ section 6 ’. ˙ Amendment of Sch 2 (Closed waters for spawning barramundi) 5.(1) Schedule 2 (heading)—

7 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 omit, insert— ‘SCHEDULE 2 ‘CLOSED WATERS FOR PROTECTION OF SPAWNING BARRAMUNDI’. (2) Schedule 2— omit ‘ section 3 ’ , insert ‘ section 7 ’. ˙ Insertion of new Sch 3 6. After Schedule 2— insert— ‘SCHEDULE 3 ‘OTHER CLOSED WATERS FOR PROTECTION OF SPAWNING BARRAMUNDI section 7 ˙ ‘Middle Head to Norton Point ‘1. The waters within the area bounded by a line— • starting at the F ↑ B board located east of Middle Head • then along a line (the “coastal boundary line” ) to the F ↑ B board located west of Norton Point • then in a direct line to the nearest point of the coastal 1 km boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point.

8 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 ˙ ‘South Trees Inlet ‘2. The waters within the area bounded by a line— • starting at the F ↑ B board located east of South Trees Inlet • then along a line (the “coastal boundary line” ) to the F ↑ B board located west of South Trees Inlet • then in a direct line to the nearest point of the coastal 1km boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Calliope River ‘3. The waters within the area bounded by a line— • starting at the F ↑ B board located east of the Calliope River • then along a line (the “coastal boundary line” ) to the F ↑ B board located west of the Calliope River • then in a direct line to the nearest point of the coastal 1 km boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Graham Creek on Curtis Island ‘4. The waters within the area bounded by a line— • starting at the F ↑ B board located south of Graham Creek on Curtis Island • then along a line (the “coastal boundary line” ) to the F ↑ B board located north of Graham Creek • then in a direct line to the nearest point of the coastal 1km boundary line for the coastal boundary line

9 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Cattle Point to Cardigan Point ‘5. The waters within the area bounded by a line— • starting at high water mark at Cattle Point • then along a line (the “coastal boundary line” ) to Cardigan Point • then in a direct line to the starting point. ˙ ‘First Lagoon Creek on Curtis Island ‘6. The waters within the area bounded by a line— • starting at the F ↑ B board located east of the creek on Curtis Island commonly known as First Lagoon Creek • then along a line (the “coastal boundary line” ) to the F ↑ B board located west of First Lagoon Creek • then in a direct line to the nearest point of the coastal 1 km boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Second Lagoon Creek on Curtis Island ‘7. The waters within the area bounded by a line— • starting at the F ↑ B board located east of the creek on Curtis Island commonly known as Second Lagoon Creek • then along a line (the “coastal boundary line” ) to the F ↑ B board located west of Second Lagoon Creek • then in a direct line to the nearest point of the coastal 1 km boundary line for the coastal boundary line

10 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘South Bluff to Coconut Point ‘8. The waters within the area bounded by a line— • starting at high water mark at South Bluff • then along a line (the “coastal boundary line” ) to Coconut Point • then in a direct line to the starting point. ˙ ‘Island Bluff to Charon Point ‘9. The waters within the area bounded by a line— • starting at high water mark at Island Bluff • then along a line (the “coastal boundary line” ) to Charon Point • then in a direct line to the starting point. ˙ ‘Little Cape Creek to Shag Creek ‘10. The waters within the area bounded by a line— • starting at the north head of Little Cape Creek • then along a line (the “coastal boundary line” ) to the north head of Shag Creek • then in a direct line to the starting point. ˙ ‘Constant Creek ‘11. The waters within the area bounded by a line— • starting at the F ↑ B board located east of Constant Creek • then along a line (the “coastal boundary line” ) to the F ↑ B board located north of Constant Creek • then in a direct line to the nearest point of the coastal 1 km

11 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Nobbies Inlet ‘12. The waters of Nobbies Inlet inshore of a line— • starting at a point 200 m north-east of the north head of Sandy Creek at high water mark • then due north to the northern bank at high water mark of Nobbies Inlet. ˙ ‘Burdekin River Anabranch ‘13. The waters within the area bounded by a line— • starting at a point 500 m south of the south head of the Burdekin River Anabranch at high water mark • then along a line (the “coastal boundary line” ) to a point 1 km north of the Burdekin River Anabranch • then in a direct line to the nearest point of the coastal 1 km boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Sheep Station Creek to Barratta Creek ‘14. The waters within the area bounded by a line— • starting at the north head of Sheep Station Creek • then along a line (the “coastal boundary line” ) to the west head of Barratta Creek • then in a direct line to the starting point.

12 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 ˙ ‘Victoria Creek ‘15. The waters within the area bounded by a line— • starting at high water mark at the most northern point of the sand spit at the south head of Victoria Creek • then due north to the coastline at high water mark • then along a line (the “coastal boundary line” ) to the starting point. ˙ ‘Gentle Annie Creek ‘16. The waters within the area bounded by a line— • starting at a point 1 km south of Gentle Annie Creek at high water mark • then along a line (the “coastal boundary line” ) to the north head of Gentle Annie Creek • then in a direct line to the nearest point of the coastal 1 km boundary line for the coastal boundary line • then along the coastal 1 km boundary line • then in a direct line to the starting point. ˙ ‘Hinchinbrook Channel ‘17. The waters within the area bounded by a line— • starting at the F ↑ B board located at the east head of the eastern entrance to Neames Inlet • then along a line (the “coastal boundary line” ) to the east head of Seaforth Channel • then due north to the coastline of Hinchinbrook Island at high water mark • then along the coast of Hinchinbrook Island at high water mark to the F ↑ B board located at Fisherman Point • then in a direct line to the starting point.

13 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 ˙ ‘Macushla Point to Forkey’s Creek on Hinchinbrook Island ‘18. The waters within the area bounded by a line— • starting at high water mark at the point commonly known as Macushla Point • then along a line (the “coastal boundary line” ) to where the parallel of latitude 18°16'50" south intersects with Hinchinbrook Island at high water mark (about 1 km west of the west head of the creek commonly known as Forkey’s Creek) • then in a direct line to the starting point. ˙ ‘Thompson Point to Flying Fish Point (Johnstone River) ‘19. The waters within the area bounded by a line— • starting at high water mark at Thompson Point • then along a line (the “coastal boundary line” ) to Flying Fish Point • then in a direct line to the starting point. ˙ ‘Trinity Inlet ‘20. The waters of Trinity Inlet inshore of a direct line between Stafford Point at high water mark and the southern landward end of the Marlin Jetty at the entrance to Trinity Inlet. ˙ ‘Barron River ‘21. The waters within the area bounded by a line— • starting on the coastline at high water mark at a point 1 km south of the south head of the Barron River • then along a line (the “coastal boundary line” ) to a point 1 km north of the north head of the Barron River • then in a direct line to the nearest point of the coastal 500 m boundary line for the coastal boundary line

14 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 • then along the coastal 500 m boundary line • then in a direct line to the starting point. ˙ ‘Four Mile Beach to Magazine Island ‘22. The waters within the area bounded by a line— • starting at the most northern point at high water mark of Four Mile Beach • then along a line (the “coastal boundary line” ) to the point where the parallel of latitude 16°29' south intersects with the mainland at high water mark east of Dickson’s Inlet • then in a direct line to the most eastern point of Magazine Island at high water mark • then by high water mark to the most northern point of Magazine Island • then due north 1 km • then due east to the intersection with the coastal 1 km boundary line for the coastal boundary line • then along the coastal 1 km boundary line to its eastern end • then in a direct line to the starting point. ˙ ‘Mossman River ‘23. The waters within the area bounded by a line— • starting on the coastline at high water mark at a point 1 km south of the south head of the Mossman River • then along a line (the “coastal boundary line” ) to a point 1 km north of the north head of the Mossman River • then in a direct line to the nearest point of the coastal 500 m boundary line for the coastal boundary line • then along the coastal 500 m boundary line • then in a direct line to the starting point.

15 Fishing Industry (Use of Nets) Amendment (No. 1) No. 80, 1994 ˙ ‘Endeavour River ‘24. The waters within the area bounded by a line— • starting at the F ↑ B board located north of Point Saunders • then along a line (the “coastal boundary line” ) to the most northern point of Grassy Hill • then in a direct line to the starting point. ’. ENDNOTES 1. Made by the Governor in Council on 10 March 1994. 2. Notified in the Gazette on 11 March 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1994