Fisheries (General) Regulation 2019

1Short title

This regulation may be cited as the Fisheries (General) Regulation 2019.

2Commencement

This regulation commences on 1 September 2019.

3Application of regulations and declarations

(1)This regulation, the Fisheries (Commercial Fisheries) Regulation 2019, the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019—

(a)all provide for matters under the Act; and

(b)must be read together.

Note—

See section 42 of the Act in relation to the relationship between regulations and declarations.

(2)This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1), including, for example—

(a)the interpretation of particular references; and

(b)the authorisation under, and conditions of, an authority.

(3)Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example—

(a)the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and

(b)the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and

Note—

See section 29(4).

(c)the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.

4Dictionary

The dictionary in schedule 11 defines particular words used in this regulation.

4AAnimals prescribed not to be fish—Act, s 5

(1)For section 5(3)(b) of the Act, a relevant protected animal is prescribed not to be a fish.

(2)In this section—

relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992, other than each of the following animals—

(a)Australian lungfish;

(b)Mary River cod;

(c)redfish;

(d)scalloped hammerhead;

(e)silver perch.

s 4A ins 2024 SL No. 196 s 10

5Meaning of commercial fisher

A commercial fisher is a person who holds a commercial fisher licence.

6Meaning of recreational fisher and recreational fishing

(1)A recreational fisher is a person who is carrying out recreational fishing.

(2)A person is carrying out recreational fishing if the person takes or possesses fish other than as follows—

(a)the person takes or possesses the fish—

(i)for trade or commerce; or

(ii)in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth);

(b)the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition;

(c)the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.

(3)For subsection (2)(a)(i), a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip.

(4)A person may carry out recreational fishing even if the person—

(a)holds an authority that authorises the person to take fish for trade or commerce; or

(b)is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a).

(5)However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota.

Example—

If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.

s 6 amd 2024 SL No. 196 s 63 sch 1

7Meaning of commercial fishing apparatus and recreational fishing apparatus

(1)

Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus.

(2)

Recreational fishing apparatus is—

(a)a spear or spear gun; or

(b)any of the following fishing apparatus to the extent it is 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 lobster loop;

(xi)a pyramid trap;

(xii)a round trap;

(xiii)a scoop net;

(xiv)a seine net.

8Meaning 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 other legislation mentioned in section 3(1).

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

9References to regulated waters

(1)Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019, chapter 2.

(2)A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019.

(3)Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.

10References to commercial fishery

(1)Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019.

(2)A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019.

(3)Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.

11References to licence, permit or quota authority by name

A reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act.

Examples—

•A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act.

•A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act.

12References to licences by fishery symbols

A reference to a fishery symbol followed by the term ‘licence’ is a reference to a primary commercial fishing licence on which the fishery symbol is written.

Example—

A reference to a C2 licence is a reference to a primary commercial fishing licence on which the fishery symbol ‘C2’ is written.

s 12 sub 2020 SL No. 236 s 116

13References to primary boat and tender boat and related references

(1)A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence.

(2)A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence.

(3)In a provision about a primary commercial fishing licence—

(a)a reference to the primary boat is a reference to the primary boat for the licence under subsection (1); and

(b)a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019, chapter 2, part 4, division 2; and

(c)a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and

(d)a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce.

(4)However, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat.

Note—

See the Fisheries (Commercial Fisheries) Regulation 2019, section 32(1)(d) and (4).

s 13 amd 2020 SL No. 236 s 117; 2021 SL No. 29 s 17

14References to periods of days or months

(1)This section applies if a provision states a period that—

(a)starts on a day or in a month (the first-mentioned day or month); and

(b)ends on a day or in a month (the second-mentioned day or month).

(2)The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month.

Example—

A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.

15References to times

(1)This section applies if a provision states a period that starts at a time (the first-mentioned time) and ends at another time (the second-mentioned time).

(2)The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year.

Examples—

•A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year.

•A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day.

•A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.

15AReferences relating to fishing operations

(1)A fishing operation starts and ends as follows—

(a)a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net—

(i)starts when the boat leaves a landing place to carry out fishing; and

(ii)ends when the boat stops being used for fishing and lands;

(b)a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net—

(i)starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and

(ii)ends when the commercial fisher stops taking fish and leaves the place;

(c)a fishing operation involving using a boat to take fish using a seine net—

(i)starts when the boat enters a beach or foreshore to carry out fishing; and

(ii)ends when the boat stops being used for fishing and leaves the beach or foreshore;

(d)a fishing operation not involving using a boat to take fish—

(i)starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and

(ii)ends when the commercial fisher or assistant fisher stops fishing and leaves the place.

(2)A day of a fishing operation—

(a)is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and

(b)if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period.

(3)An outside fishing operation day, for a primary commercial fishing licence—

(a)is each 24 hour period after the first midnight after a fishing operation under the licence ends; and

(b)if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.

s 15A ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38(1)–(3))

15BMeaning of commercial fisher in control of a fishing operation

The commercial fisher in control, of a fishing operation conducted in a commercial fishery under a primary commercial fishing licence, is the commercial fisher whom the holder of the licence has allowed, under the Fisheries (Commercial Fisheries) Regulation 2019, section 32, to act under the licence to take fish, or use a primary boat to take fish, in the fishery.

s 15B ins 2020 SL No. 236 s 186

15CReferences to lands a boat and a landing place for a boat

(1)A boat lands when it is brought to a landing place for a boat.

(2)A landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf.

s 15C ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38(4))

15DReferences to lands a fish and a landing place for fish taken without a boat

(1)A fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat.

(2)A landing place for fish taken without using a boat is a place where the fish can be brought to shore.

s 15D ins 2020 SL No. 236 s 186

16References relating to fish

Schedule 7 provides for the interpretation of references to, or relating to, particular species of fish, including, for example—

(a)the scientific names for the species of fish; and

(b)the interpretation of references to a stock of fish.

17References relating to waters or areas

Schedule 8 provides for the interpretation of references to, or relating to, particular waters or areas, including, for example—

(a)matters about working out boundaries of particular waters or areas; and

(b)the meaning of particular types of waters or areas or references to particular types of waters or areas.

18References relating to boats

Schedule 9 provides for the interpretation of references to, or relating to, boats, including, for example, working out a boat’s dimensions and hull units and the boat engine’s maximum continuous brake kW.

19References relating to fishing apparatus

Schedule 10 provides for the interpretation of references to, or relating to, particular fishing apparatus, including, for example—

(a)the meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and

(b)how to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.

ch 1 pt 2 div 4 hdg ins 2020 SL No. 236 s 64

19ACultivation of live fisheries resources for sale that is not aquaculture—Act, sch 1, definition aquaculture

For schedule 1 of the Act, definition aquaculture, the following circumstances are prescribed—

(a)maintaining live fisheries resources taken under an authority before sale if—

(i)the maintenance does not involve breeding or enhancing the development of the resources; and

(ii)the fisheries resources are not released into Queensland waters;

(b)cultivating live fish taken under an A1 or A2 licence before sale if—

(i)the cultivation does not involve breeding the fish; and

(ii)the fish are not released into Queensland waters;

(c)cultivating live fish taken under a D licence before sale if—

(i)the cultivation does not involve propagation, other than by fragmentation, of the fish; and

(ii)the fish are not released into Queensland waters;

(d)maintaining live fisheries resources in a retail outlet for sale if the fisheries resources are not released into Queensland waters.

s 19A ins 2020 SL No. 236 s 64

20Prescribed acts—Act, s 82

For section 82 of the Act, schedule 1 prescribes—

(a)each act that must only be done by the holder of an authority; and

(b)persons who have authority under the Act to do the act.

ch 1 pt 4 hdg amd 2024 SL No. 196 s 63 sch 1

21Prescribed fishing apparatus—Act, s 14

(1)For section 14(3) of the Act, definition prescribed fishing apparatus, paragraph (b), a fish trap is prescribed.

(2)In this section—

fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.

22Prescribed waters—Act, s 14

For section 14(3) of the Act, definition prescribed waters, paragraph (b), the following regulated waters are prescribed—

•Barron River (fishing)

•Bizant River, Princess Charlotte Bay

•Burnett River Barrage

•Centenary Lakes, Cairns

•Coombabah Lake and Coombabah Creek

•Fitzroy River Barrage

•Hook Island (fishing)

•Keppel Bay (fishing)

•Kolan River Barrage

•Mary River Barrage

•Swan Bay

•Tinana Creek Barrage

•Wolf Rock (grey nurse shark protection area)

•Yanks Jetty at Orpheus Island.

23Purpose of division

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

24Types of licences

The chief executive may issue a licence of any of the following types—

(a)a primary commercial fishing licence;

(b)a commercial fisher licence;

(c)a charter fishing licence.

s 24 sub 2020 SL No. 236 s 118

25Types of permits

The chief executive may issue a permit of any of the following types—

(a)a developmental fishing permit;

(b)an indigenous fishing permit;

(c)a stocked impoundment permit;

(d)a filleting permit for an RQ licence or SM licence;

(e)a permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes—

(i)education;

(ii)research;

(iii)environmental protection;

(iv)public health or safety;

(v)indigenous fishing;

(vi)fish salvage;

(vii)fish stocking;

(viii)broodstock or culture stock collection;

(ix)trialling alternative commercial apparatus or fishing activities.

s 25 amd 2020 SL No. 236 s 65

26Types of quota authorities

(1)The following are the types of quota authorities the chief executive has issued under the Act—

(a)T1 effort units and T2 effort units;

Note—

Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.

(b)SM units;

(c)CT line units, OS line units and RTE line units;

(d)C2-ITQ units;

(e)T4-ITQ units.

(2)Also, the chief executive may issue the following types of quota authorities under the Act—

(a)effort units for the Moreton Bay trawl region;

(b)GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units;

Note—

The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units.

(c)BC1-ITQ units, EC1-ITQ units and GC1-ITQ units;

Note—

The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units.

(d)B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units;

Note—

The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units.

(e)DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units.

Note—

The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.

s 26 amd 2020 SL No. 236 s 66; 2023 SL No. 44 s 18; 2023 SL No. 194 s 35

27Use of bottom set line in Gulf of Carpentaria waters must not be authorised

The chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.

28Only particular authorities may authorise particular activities

The chief executive may issue an authority authorising an activity mentioned in column 1 of the following table only of a type mentioned opposite the activity in column 2—

Activity		Type of authority that may be issued
remove, destroy or damage dead marine wood on unallocated State land for trade or commerce		resource allocation authority
carry out development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d), in a declared fish habitat area		resource allocation authority
take freshwater fish from a prescribed stocked impoundment using a fishing line		stocked impoundment permit or general fisheries permit
release aquaculture fisheries resources into Queensland waters		general fisheries permit

29Activities authorised under authority

(1)This section states particular matters about what an authority authorises under section 52 of the Act.

(2)An authority authorises the carrying out of an activity stated—

(a)in the authority; or

(b)in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.

(3)The authorisation is subject to the conditions—

(a)stated in the authority; or

(b)prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.

(4)Also, the authorisation, including the conditions to which it is subject under subsection (3), is subject to any provision of the Fisheries Declaration 2019 that—

(a)prohibits the carrying out of the activity; or

(b)prohibits the carrying out of the activity in particular circumstances; or

(c)otherwise imposes a restriction on how the activity may be carried out.

30When a person is carrying out activity under an authority

A person carries out an activity under an authority only if—

(a)the authority authorises the carrying out of the activity under section 29; and

(b)the person is the holder of the authority or another person authorised to carry out the activity under the authority; and

(c)the person carries out the activity in accordance with the conditions mentioned in section 29(3), and the provisions mentioned in section 29(4), to which the authorisation is subject.

ch 2 pt 2 hdg sub 2020 SL No. 236 s 119

ch 2 pt 2 div 1 hdg sub 2020 SL No. 236 s 119

31Restrictions on issue of licence

(1)The chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat—

(a)is a domestic commercial vessel; and

(b)is not already identified as a primary commercial fishing boat in another primary commercial fishing licence.

(2)Only 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence.

s 31 sub 2020 SL No. 236 s 119

32Deciding number of tender boats for licence

(1)If the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence.

(2)Subsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’.

(3)The authorised number may be zero or a particular number.

(4)However, the authorised number must not be more than—

(a)for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or

(b)for the fishery symbol ‘B1’ or ‘J1’—4; or

(c)for the fishery symbol ‘R’—8; or

(d)for another fishery symbol—7.

(5)For the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol.

(6)The chief executive must give the holder of the licence an information notice for a decision under this section.

s 32 sub 2020 SL No. 236 s 119

amd 2021 SL No. 29 s 18

33Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a primary commercial fishing licence; and

(b)conditions applying to a primary commercial fishing licence.

s 33 sub 2020 SL No. 236 s 119

34Particular licences not transferable

The following primary commercial fishing licences are not transferable—

(a)a licence on which the fishery symbol ‘E’ is written;

(b)a licence on which the fishery symbol ‘NX’ is written.

s 34 sub 2020 SL No. 236 s 119; 2023 SL No. 194 s 36

ch 2 pt 2 div 2 hdg sub 2020 SL No. 236 s 119

35Restriction on issue of licence

The chief executive may issue a commercial fisher licence to a person only if the person—

(a)is at least 18 years of age; and

(b)has knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries.

s 35 sub 2020 SL No. 236 s 119

36Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a commercial fisher licence; and

(b)conditions applying to a commercial fisher licence.

s 36 sub 2020 SL No. 236 s 119

37Licence not transferable

A commercial fisher licence is not transferable.

s 37 sub 2020 SL No. 236 s 119

ch 2 pt 2 div 3 hdg sub 2020 SL No. 236 s 119

38Authorisation

(1)The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters.

(2)The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence.

(3)A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1).

s 38 sub 2020 SL No. 236 s 119

39Condition about taking maray or Australian sardines

It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip—

(a)for a purpose other than use as bait for fishing during the trip; or

(b)in a way that contravenes the Fisheries Declaration 2019, chapter 4, part 4.

s 39 sub 2020 SL No. 236 s 119

46Possessing or using purse seine net must not be authorised

The chief executive must not issue a permit authorising any of the following—

(a)possessing a purse seine net;

(b)using a purse seine net to take fish;

(c)possessing fish taken in contravention of paragraph (b).

47Restriction on authorising taking or possessing of maray or Australian sardines

(1)The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce.

(2)Subsection (1) does not apply if—

(a)the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following—

(i)to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit;

(ii)to use as food for display fish;

(iii)for research; or

(b)the permit is a replacement for a permit mentioned in subsection (1).

s 47 amd 2020 SL No. 236 s 124 sch 2

48Restriction on authorising taking or possessing of freshwater fish

(1)The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce.

(2)Subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.

49Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit

(1)The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters.

(2)Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1).

50Maximum term of general fisheries permit

The chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years.

51Restriction on authorising taking of fish in particular regulated waters under general fisheries permit

The chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession of fish taken in, the regulated waters mentioned in the Fisheries Declaration 2019, section 17(2) unless the permit is for an activity for which any of the following is the sole or main purpose—

(a)research;

(b)environmental protection;

(c)public health or safety.

51ARestriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permit

The chief executive must not issue a general fisheries permit authorising the taking or possession of regulated coral reef fin fish in coral reef fin fish waters in a regulated period mentioned in the Fisheries Declaration 2019, section 23.

s 51A ins 2020 SL No. 236 s 67

52Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit

The chief executive must not issue a general fisheries permit authorising a commercial fisher to use a cast net, mesh net, seine net or set pocket net to take fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019, section 65(1).

53Developmental fishing permit

The holder of a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—

(a)assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery identified in the permit;

(b)buy, use and possess fishing apparatus to carry out the assessment;

(c)take, possess and process fish taken for carrying out the assessment;

(d)sell the fish taken for carrying out the assessment.

54Indigenous fishing permit

The holder of an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—

(a)assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a fishery identified in the permit;

(b)buy, use and possess fishing apparatus to carry out the assessment;

(c)take, possess and process fish taken for carrying out the assessment;

(d)sell the fish taken for carrying out the assessment.

55Stocked impoundment permit

The holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.

56Filleting permit

(1)The holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence.

(2)The holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence.

s 56 sub 2020 SL No. 236 s 68

57General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters

(1)This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.

(2)It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2.

ch 2 pt 4 div 1 hdg ins 2020 SL No. 236 s 69

58Restriction on further issue of particular quota authorities

(1)The chief executive must not issue any new—

(a)T1 effort or T2 units; or

(b)SM units; or

(c)CT line units, OS line units or RTE line units; or

(d)C2-ITQ units; or

(e)T4-ITQ units.

(2)However, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A, part 1.

s 58 amd 2020 SL No. 236 s 70

58AIssue of effort units for the Moreton Bay trawl region

(1)The chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A, part 2.

(2)The chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021.

s 58A ins 2020 SL No. 236 s 71

58BIssue of ENL-ITQ units

(1)The chief executive must issue ENL-ITQ units under schedule 2B.

(2)The chief executive must not issue any ENL-ITQ units after 31 August 2021.

s 58B ins 2020 SL No. 236 s 71

58CIssue of C1-ITQ units

(1)The chief executive must issue C1-ITQ units under schedule 2C.

(2)The chief executive must not issue any C1-ITQ units after 31 August 2021.

s 58C ins 2020 SL No. 236 s 71

58DIssue of hand-harvest ITQ units

(1)The chief executive must issue hand-harvest ITQ units under schedule 2D.

(2)The chief executive must not issue any hand-harvest ITQ units after 31 August 2021.

s 58D ins 2020 SL No. 236 s 71

58EIssue of select coral ITQ units

(1)The chief executive must issue select coral ITQ units under schedule 2E.

(2)The chief executive must not issue any select coral ITQ units after 30 June 2023.

s 58E ins 2023 SL No. 44 s 19

ch 2 pt 4 div 2 hdg ins 2020 SL No. 236 s 71

59Authorisation under and conditions of quota authority

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a quota authority; and

(b)conditions applying to a quota authority.

60Meaning of prescribed development purpose for declared fish habitat area

A prescribed development purpose, for a declared fish habitat area, is any of the following in, or directly affecting, the area—

(a)restoring the fish habitat or natural processes;

Examples—

•reinstating tidal profiles for allowing restoration of marine plant communities

•restoring tidal flows and inundation patterns

(b)managing fisheries resources or fish habitat;

Example—

constructing a boardwalk for public access within the declared fish habitat area for preventing uncontrolled disturbance of the habitat

(c)researching, including monitoring, or educating;

(d)ensuring public health or safety;

(e)providing public infrastructure to facilitate fishing;

Examples of public infrastructure—

a boat ramp or jetty for public use

(f)providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;

(g)constructing a temporary structure;

(h)maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act;

(i)maintaining a structure, other than a structure mentioned in paragraph (h), that has been lawfully constructed;

(j)for a part of the area that is a management B area—

(i)constructing a permanent structure in the area; or

(ii)depositing material for beach replenishment in the area for the purpose of erosion control.

61Restriction on issue of particular resource allocation authorities

(1)The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.

(2)Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates—

(a)the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;

(b)for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;

(c)for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.

62Authorisation under resource allocation authority

(1)The holder of a resource allocation authority may do any of the following under the authority—

(a)for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d)—interfere with the declared fish habitat area mentioned in the authority;

(b)for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;

(c)for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.

(2)However, the holder may do an act mentioned in subsection (1) only if—

(a)the holder does the act in relation to the development to which the authority relates; and

(b)the development is carried out in a way that is authorised under the Planning Act.

63Application of part

For section 68B(3)(b)(i) of the Act, this part prescribes criteria for the suspension or cancellation of particular authorities.

64Counting convictions

(1)In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence.

(2)Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.

s 64 amd 2023 Act No. 23 s 247 sch 1 s 17

65Criteria for suspending or cancelling particular licences

(1)This section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person.

(2)An appropriate period of suspension may be—

(a)for the person’s first conviction—3 months to 1 year; or

(b)for the person’s second conviction—6 months to 3 years; or

(c)for the person’s third or later conviction—1 year to 5 years.

(3)Cancellation of the person’s licence may be appropriate for the person’s third or later conviction.

s 65 sub 2020 SL No. 236 s 120

66Criteria for suspending effort units

(1)This section applies in relation to effort units for a trawl region held by a person.

(2)An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65.

Example for subsection (2)—

A holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that would entitle A to use the primary boat under the licence for 3 months to 1 year.

s 66 amd 2020 SL No. 236 s 187

67Criteria for suspending or cancelling SM units

(1)This section applies in relation to SM units held by a person.

(2)An appropriate suspension may be—

(a)if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.

(3)An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.

68Criteria for suspending line units

(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year—

(a)the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or

(b)an RQ fishery licence held by the person is suspended.

(2)An appropriate suspension may be—

(a)for subsection (1)(a)—suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)for subsection (1)(b)—suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.

69Criteria for cancelling line units

(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight).

(2)An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.

70Criteria for suspending T4-ITQ units

(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year—

(a)the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or

(b)a T4 fishery licence held by the person is suspended.

(2)An appropriate suspension may be—

(a)for subsection (1)(a)—suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)for subsection (1)(b)—suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.

71Criteria for cancelling T4-ITQ units

(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).

(2)An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.

72Obstructing persons fishing under an authority

(1)A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish.

Maximum penalty—20 penalty units.

73Particulars to be contained in register—Act, s 73

For section 73(2) of the Act, the following particulars about each authority issued by the chief executive are prescribed—

(a)the category, type and number of the authority;

(b)the fishery symbols, if any, written on the authority;

(c)the holder’s full name;

(d)the holder’s postal address;

(e)other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80(1)(b) of the Act;

(f)third party interests in the authority, if any, notified to the chief executive;

(g)for all quota authorities of the same type held by the same person—

(i)the person’s name; and

(ii)the number of quota authorities held by the person; and

(iii)if conditions have been imposed on any of the quota authorities—the conditions; and

(iv)if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;

(h)for an M2 licence—

(i)the boat mark for the primary boat identified in the licence; and

(ii)the boat’s hull units, breadth, depth and length; and

(iii)the boat’s main engine power in maximum continuous brake kW.

s 73 amd 2020 SL No. 236 s 82 sch 1, s 124 sch 2

74Holder to notify chief executive of particular changes—Act, s 73

For section 73(3) of the Act, the following changes in circumstances are prescribed—

(a)a change of the holder’s name;

(b)if the holder is an individual—a change of the holder’s residential, business or postal address;

(c)if the holder is a corporation—

(i)a change of the address of the holder’s registered office; or

(ii)a change of the address of the holder’s office, if any, in the State; or

(iii)a person becoming, or ceasing to be, an executive officer of the holder;

(d)a change in a third party interest in the authority notified to the chief executive;

(e)a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80(1)(b) of the Act.

75Authorities that continue after holder’s death—Act, s 70C

For section 70C(1) of the Act, the following types of authorities are prescribed—

(a)a licence other than a commercial fisher licence;

(b)a quota authority;

(c)a resource allocation authority.

s 75 amd 2020 SL No. 236 s 72; 2021 SL No. 29 s 19

76Activities for which inspectors may have an authority

An inspector may hold or have an interest in an authority for—

(a)conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or

(b)taking or possessing fish for stocking waters; or

(c)releasing fish; or

(d)taking fish from a prescribed stocked impoundment by using a fishing line; or

(e)performing the inspector’s functions.

s 76 amd 2021 SL No. 29 s 20

77Fish habitat area plans

(1)A plan stated in schedule 3, column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column.

(2)A copy of each fish habitat area plan is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

(3)Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.

(4)A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan—

(a)shows what forms the boundary; and

(b)is only indicative of the current position of the boundary.

78Areas declared to be fish habitat areas

(1)Each area mentioned in schedule 3, column 1 is declared to be a fish habitat area.

(2)The fish habitat area—

(a)includes—

(i)the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and

(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as included in the declared fish habitat area; and

(b)excludes—

(i)the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and

(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as excluded from the declared fish habitat area; and

(iii)the area of a channel marked by aids to navigation.

(3)Also, land that is not unallocated State land or national park land is included in a fish habitat area only if—

(a)the land is within an area mentioned in subsection (2)(a) for the fish habitat area; and

(b)the fish habitat area plan for the fish habitat area, or schedule 3, column 2, specifically states that the land is included in the fish habitat area.

79Particular cables and air space excluded from declared fish habitat area

(1)A declared fish habitat area excludes a cable that—

(a)is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and

(b)is not in contact with land, water or a part of a plant in the area.

Examples of a cable—

an overhead electric line or telecommunication cable

(2)Subsection (3) applies if—

(a)a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and

(b)under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.

(3)The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal.

(4)In this section—

proposal includes an application.

80Person not to take bait using digging implement

(1)A person must not in a declared fish habitat area take fish for bait by using a digging implement.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person using a hand pump only for taking yabbies.

81Person not to remove weeds etc.

(1)A person must not do any of the following things in a declared fish habitat area—

(a)remove weeds;

(b)use a pesticide;

(c)carry out biological control of a pest.

Maximum penalty—20 penalty units.

(2)Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area.

Maximum penalty—20 penalty units.

(3)However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.

(4)In this section—

biological control, of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest.

fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’.

Note—

The code is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

pest means—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or

(b)biosecurity matter under the Biosecurity Act 2014 that is—

(i)controlled biosecurity matter under section 124(1) of that Act; or

(ii)regulated biosecurity matter under section 128(1)(a) of that Act; or

(c)another pest or disease declared under a law of the State, the Commonwealth or another State.

82Definitions for part

In this part—

landing place ...

s 82 def landing place om 2020 SL No. 236 s 188

malfunction see section 80(6) of the Act.

relevant authority see section 83(1).

relevant boat, for a relevant authority, means a boat prescribed for the authority by section 83(2).

relevant period means the period prescribed by section 85.

vessel tracking standard means the document called ‘Vessel tracking installation and maintenance standard’ published on the department’s website.

Note—

The vessel tracking standard is also available for inspection, free of charge, by arrangement with the chief executive.

working properly see section 80(6) of the Act.

83Authorities and boats in relation to which requirements apply

(1)Section 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority) that has any of the following symbols written on it—

•‘A1’ or ‘A2’

•‘B1’

•‘C1’, ‘C2’ or ‘C3’

•‘D’

•‘J1’

•‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’

•‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’

•‘M1’ or ‘M2’

•‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’

•‘R’

•‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.

(2)For section 80 of the Act, each of the following boats is prescribed for a relevant authority (and under section 80(1)(b) of the Act is a relevant boat for the authority)—

(a)the primary boat for the relevant authority; and

(b)each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.

s 83 amd 2019 SL No. 180 s 4; 2020 SL No. 236 s 121; 2023 SL No. 194 s 37

84Way equipment must be installed

For section 80(2)(a) of the Act, the way for installing approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.

85Periods during which equipment must be working properly

(1)For section 80(2)(b) of the Act, each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2) or (3), is prescribed.

(2)If the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority—

(a)starts when the fishing operation in which the boat is used starts; and

(b)ends when the fishing operation in which the boat is used ends.

(3)If the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority.

s 85 amd 2019 SL No. 180 s 5; 2020 SL No. 236 s 189

86Purpose and application of division

(1)This division prescribes, for section 80(4) of the Act, requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period.

(2)The requirements are—

(a)if the relevant boat is a boat other than a tender boat—

(i)the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and

(ii)subdivision 3 is complied with; and

(b)if the relevant boat is a tender boat—subdivision 4 is complied with.

s 86 amd 2019 SL No. 180 s 6

87Definition for division

In this division—

approved way, for giving a notice to the chief executive, means the way—

(a)approved by the chief executive; and

(b)published on the department’s website.

88When person in control of a boat is aware of malfunction

(1)For this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if—

(a)the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or

(b)the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.

(2)Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

89Notices given by chief executive or inspector under division

The chief executive or an inspector may give a notice in relation to a relevant boat under this division—

(a)orally in person; or

(b)by an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2.

89AApplication of subdivision

This subdivision applies if the relevant boat is a boat other than a tender boat.

s 89A ins 2019 SL No. 180 s 7

90Notice of alternative way

(1)The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice) to the chief executive.

(2)The boat communication notice must—

(a)be given to the chief executive in the approved way; and

(b)state an alternative way (an alternative way of communication) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.

(3)The alternative way of communication—

(a)must not involve the use of vessel tracking equipment; and

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

Examples of alternative ways of communication—

a facsimile, mobile phone, radiophone or satellite phone

(4)More than 1 alternative way of communication may be stated in a boat communication notice.

91Changing alternative way

(1)The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way) of communication.

(2)A notice given to the chief executive under subsection (1) must be given in the approved way.

(3)However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.

ch 4 pt 1 div 3 hdg amd 2019 SL No. 180 s 8

92Application of subdivision

This subdivision applies if the person in control of a relevant boat, other than a tender boat, being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

s 92 amd 2019 SL No. 180 s 9

93Manual reporting requirement

(1)The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive—

(a)in the approved way; and

(b)at the following intervals—

(i)if the boat is being used in the east coast trawl fishery—every hour;

(ii)otherwise—every 4 hours.

(2)The requirement under subsection (1) continues to apply until the earliest of the following happens—

(a)the relevant boat is taken to a landing place under section 94 or 95;

(b)the relevant period ends;

(c)the approved vessel tracking equipment stops malfunctioning.

94Requirement to take relevant boat to landing place—boat used under particular authority in particular area

(1)This section applies in relation to the relevant boat if—

(a)the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and

(b)the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary—

•from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east

•to latitude 24º13.80' south, longitude 153º33.00' east

•to latitude 24º42.00' south, longitude 153º16.20' east

•to latitude 25º06.00' south, longitude 153º12.00' east

•to latitude 25º18.00' south, longitude 152º43.20' east

•to latitude 22º10.80' south, longitude 149º48.00' east.

(2)The person in control of the relevant boat must—

(a)stop the use of fishing apparatus from the boat; and

(b)cause the boat to travel to a landing place as soon as practicable.

(3)Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.

(4)The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—

(a)the approved vessel tracking equipment is working properly; and

(b)it is unnecessary for the relevant boat to be taken to a landing place.

95Requirement to take relevant boat to landing place—other circumstances

(1)This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat.

(2)The person in control of the relevant boat must cause the boat to travel to a landing place within the following period—

(a)5 days;

(b)if the chief executive has given the person a notice allowing a longer period—the longer period.

(3)Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.

(4)The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—

(a)the approved vessel tracking equipment is working properly; and

(b)it is unnecessary for the relevant boat to be taken to a landing place.

96Further requirement if relevant boat taken to landing place

(1)This section applies if the relevant boat is taken to a landing place under section 94 or 95.

(2)The person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.

s 96 amd 2019 SL No. 180 s 10

ch 4 pt 1 div 3 hdg ins 2019 SL No. 180 s 11

96AApplication of subdivision

This subdivision applies if the person in control of a relevant boat that is a tender boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

s 96A ins 2019 SL No. 180 s 11

96BRequirement to stop fishing

(1)The person in control of the relevant boat must—

(a)stop the use of fishing apparatus from the boat; and

(b)attach the boat to its primary boat; and

(c)ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period.

(2)Subsection (1)(c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.

s 96B ins 2019 SL No. 180 s 11

97Commercial quantity of priority fish

For section 89 of the Act, definition commercial quantity, the quantity prescribed for each priority fish is—

(a)the number or volume stated opposite the fish in schedule 4, part 1; or

(b)if a number is stated opposite the fish in schedule 4, part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4, part 1.

98Circumstances in which non-indigenous fisheries resources may be released—Act, s 90

For section 90(2) of the Act, the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4, part 2, column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.

99Purpose of chapter

This chapter prescribes information requirements for section 118 of the Act.

100Definitions for chapter

In this chapter—

relevant authority means—

(a)a charter fishing licence; or

(b)an authority, other than a primary commercial fishing licence or commercial fisher licence, that authorises the holder of the authority to—

(i)take or possess fish for trade or commerce; or

(ii)use a boat to take or possess fish for trade or commerce.

Note—

See the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.

s 100 def relevant authority amd 2020 SL No. 236 s 124 sch 2

sub 2020 SL No. 236 s 190

relevant period—

(a)for part 2—see section 101(b); or

(b)for part 3—see section 105(b).

relevant person, for part 3, see section 105(c).

101Application of part

This part applies if—

(a)the chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of a boat under the authority; and

(b)the holder is not the person in control of the boat on a day or a number of days (the relevant period) for which the boat is being used under the authority; and

(c)another person is in control of the boat during the relevant period.

102Authority holder to provide approved form

The holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the boat during the relevant period by—

(a)giving the form personally to the person; or

(b)ensuring the form is left on the boat and telling the person where the form has been left.

103Person in control to keep approved form

(1)The person in control of the boat during the relevant period must—

(a)keep the approved form for the relevant period; and

(b)ensure the approved form is available for immediate inspection during the relevant period.

(2)Subsection (1)(b) does not apply if—

(a)the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and

(b)the relevant period is 24 hours or less.

104Person in control to return approved form

The person in control of the boat during the relevant period must, at the end of the relevant period, give the approved form to the holder of the relevant authority by—

(a)giving the form personally to the holder; or

(b)ensuring the form is left on the boat and telling the holder where the form has been left.

105Application of part

This part applies if—

(a)the chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and

(b)the holder is not fishing under the authority on a day or a number of days (the relevant period); and

(c)another person (the relevant person) is fishing under the authority during the relevant period.

106Holder to provide approved form

The holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.

107Relevant person to keep approved form

The relevant person must—

(a)keep the approved form for the relevant period; and

(b)ensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.

108Relevant person to return approved form

The relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends.

ch 5 pt 4 hdg sub 2020 SL No. 236 s 191

ch 5 pt 4 div 1 hdg sub 2020 SL No. 236 s 191

109Application of part

This part applies if—

(a)fisheries resources are sold by a person (the seller) to another person (the buyer); and

(b)the buyer—

(i)is a person engaged in the business of selling fisheries resources by wholesale or retail; and

(ii)intends to resell any of the fisheries resources for trade or commerce.

s 109 sub 2020 SL No. 236 s 191

110Definitions for part

In this part—

buyer see section 109(a).

quantity particulars, for a species of fish, means—

(a)for sea cucumber—

(i)the number of containers containing the sea cucumber; and

(ii)the weight of the sea cucumber; or

(b)for mud crab—

(i)the number of the mud crab; and

(ii)the weight of the mud crab; or

(c)for red champagne lobster or tropical rocklobster—

(i)the number of whole lobster; and

(ii)the number of lobster tails; and

(iii)the weight of the lobster; or

(d)for fin fish that are dead—the weight of the fish in any of the following forms—

(i)whole;

(ii)gilled and gutted;

(iii)filleted;

(iv)trunked;

(v)another form; or

(e)for fin fish that are alive—

(i)the number of the fish; and

(ii)the weight of the fish; or

(f)for fish of another species—the weight of the fish.

sale docket see section 111(1).

sale particulars, for the sale of fisheries resources, means the following particulars—

(a)the name of the buyer;

(b)the buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer;

(c)the name of the seller;

(d)if the sale is the first time the fisheries resources are sold and a commercial fisher took the fish—

(i)the licence number of the commercial fisher licence held by the commercial fisher; and

(ii)the licence number of the primary commercial fishing licence under which the fish were taken;

(e)if the sale is the first time the fisheries resources are sold and the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval;

(f)if neither paragraph (d) nor (e) applies in relation to the sale—the address of the seller;

(g)if the seller is an entity that is incorporated under the Associations Incorporation Act 1981 and engages in stocking fish—the number of the entity’s certificate of incorporation;

(h)the date of the sale;

(i)if the date of the sale is different to the date the fish leave the seller’s physical possession—the date the fish leave the seller’s physical possession;

(j)the quantity particulars for each individual species of fish sold;

(k)the form in which the fisheries resources are sold.

Examples of forms of fish for paragraph (k)—

live, whole, or in fillets

seafood food safety scheme means the seafood scheme under the Food Production (Safety) Regulation 2014, chapter 7.

seller see section 109(a).

s 110 sub 2020 SL No. 236 s 191

ch 5 pt 4 div 2 hdg sub 2020 SL No. 236 s 191

111Docket for sale to be given

(1)The seller must give the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) signed by the seller that contains the sale particulars for the sale of the fisheries resources.

(2)The seller and buyer comply with subsection (1) if—

(a)the buyer prepares a sale docket; and

(b)the seller—

(i)checks the sale docket; and

(ii)if the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.

(3)Also, the seller and buyer comply with subsection (1) if—

(a)the seller is the commercial fisher who took the fish; and

(b)the seller gives the buyer a copy of the catch disposal record made by the seller under the Fisheries (Commercial Fisheries) Regulation 2019, section 163(1) for the fish.

(4)If subsection (3) applies, the copy of the catch disposal record is taken to be a sale docket for the sale.

s 111 sub 2020 SL No. 236 s 191

112Seller to keep docket

The seller must keep a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the seller stops possessing the resources.

s 112 sub 2020 SL No. 236 s 191

113Seller to give copy of record or docket with consignment

If the seller consigns fisheries resources to the buyer, the seller must ensure the consignment is accompanied by a copy of the sale docket for the sale of the resources.

s 113 sub 2020 SL No. 236 s 191

114Buyer to keep docket

(1)The buyer must keep the sale docket for the sale of the fisheries resources available for immediate inspection while the buyer possesses the fisheries resources, or part of the fisheries resources, to which the docket relates.

(2)The buyer must keep the sale docket or a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the buyer stops possessing the resources.

s 114 sub 2020 SL No. 236 s 191

115Application of part

This part applies to a person carrying on the business of processing abalone.

116Definition for part

In this part—

processing, abalone, includes doing any of the following to the abalone—

(a)shelling;

(b)filleting;

(c)cooking;

(d)preserving;

(e)packing.

117Processor to keep record of processing

(1)The person must keep a record in the approved form containing the following particulars for the abalone the person processes—

(a)the person’s full name and usual address;

(b)if the person is not the owner of the abalone—the full name and usual address of the owner;

(c)each species of abalone processed;

(d)the date of processing;

(e)the weight of each species of abalone before processing;

(f)the weight of each species of abalone after processing;

(g)the way the abalone are processed.

(2)The person must keep the record for 5 years after the day the abalone are processed.

118Application of part

This part applies in relation to the following fish (relevant fish)—

(a)spanish mackerel;

(b)regulated coral reef fin fish.

119Buyer to keep record of fish bought outside the State

(1)This section applies if a person buys relevant fish outside the State and brings the fish into the State for trade or commerce.

(2)The person must keep, in the approved form, a record of the particulars for the fish required for a sale docket under section 111.

(3)The person must keep the record from the day the person brings the fish into the State until 5 years after the day the person stops possessing the fish.

120Person who takes fish outside particular fishery areas to keep record of taking

(1)This section applies if a person—

(a)takes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries—

(i)the line fishery (other than Great Barrier Reef region);

(ii)the line fishery (reef);

(iii)the line fishery (multiple hook—east coast);

(iv)the spanish mackerel commercial fishery; and

(b)unloads the fish in the State.

(2)The person must keep, in the approved form, a record of the following information—

(a)the date the person took the fish;

(b)the number of the fish taken by the person.

(3)The person must keep the record from immediately before the person unloads the fish in the State until 5 years after the day the person stops possessing the fish.

(4)For subsection (1), a person conducting a charter fishing trip does not take relevant fish for trade or commerce only because the person takes the fish during the charter fishing trip.

121Person transporting fish to keep record of consignment

(1)This section applies if a person in control of a boat or vehicle (a commercial carrier) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor) for trade or commerce.

(2)However, this section does not apply if a sale docket accompanies the consignment of the relevant fish under section 113.

(3)The commercial carrier must keep a record of the following information in the approved form—

(a)the name of the consignor;

(b)the address of the place where the commercial carrier collected the fish;

(c)the address of the place where the commercial carrier is to deliver the fish.

(4)The commercial carrier must ensure that, while the fish are on board the boat or in the vehicle, the record is—

(a)kept on board the boat or in the vehicle; and

(b)available for immediate inspection.

122Person storing fish to keep record of storage

(1)This section applies if a person (the warehouse keeper) stores relevant fish at a place for another person (the consignor) for trade or commerce.

(2)The warehouse keeper must—

(a)keep a written record stating the name of the consignor; and

(b)ensure that while the fish are stored at the place, the record is—

(i)kept at the place; and

(ii)available for inspection.

123Person using AIVR system to keep record of transaction number

A person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction.

Note—

See section 128 in relation to transaction numbers given when the AIVR system is not working properly or at all.

124Chief executive must establish and operate AIVR system

The chief executive must establish and operate an automated interactive voice response system (the AIVR system) for the following transactions—

(a)a person giving information required to be given, under the Act, to the chief executive by using the AIVR system;

(b)a person obtaining information required or authorised to be obtained, under the Act, from the chief executive by using the AIVR system;

(c)a person changing a fisher PIN.

125Requirements for AIVR system

(1)The AIVR system must provide for—

(a)keeping a record of each transaction carried out by a person using the system; and

(b)giving a person using the system to carry out a transaction a number (a transaction number) to identify the transaction.

(2)For subsection (1)(a), a record of a transaction carried out by a person must include—

(a)any information entered into the system by the person; and

(b)any information given by the system to the person.

126Record kept by AIVR system is evidence of particular information

A record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction.

127Transaction number given by AIVR system is evidence of transaction

A transaction number given by the AIVR system for a transaction is evidence of the transaction.

128Procedure if AIVR system not working properly

(1)This section applies if—

(a)a person (the user) is required or permitted under the Act to give or obtain information, or change a fisher PIN, by using the AIVR system; and

(b)the system is not working properly or at all.

(2)The chief executive must ensure the system transfers the user’s telephone call to either of the following (each a nominated person)—

(a)an officer or employee of the department;

(b)a telecommunications service provider for the chief executive appointed by gazette notice.

(3)If the user is transferred to a nominated person—

(a)the nominated person must give the user a transaction number for the transaction; and

(b)the chief executive must, within 14 days after the transaction, give the user a written notice stating the following—

(i)any information given by the user to the nominated person;

(ii)any information given by the nominated person to the user.

(4)A transaction number given under subsection (3)(a) is taken to have been given by the AIVR system.

(5)A written notice given under subsection (3)(b) stating information mentioned in subsection (3)(b)(i) or (ii) is evidence of that information.

(6)If the user is transferred to a nominated person and gives information to, or obtains information from, the nominated person, the user is taken to have complied with the requirement under the Act to give or obtain the information by using the AIVR system.

129Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence

For schedule 1 of the Act, definition serious fisheries offence, paragraph (c), a fisheries offence constituted by any of the following in relation to a commercial fishery is prescribed—

(a)contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA;

(b)entering or using a marine park in contravention of the Marine Parks Act 2004, section 43 or the Marine Parks Regulation 2017, section 135.

s 129 sub 2020 SL No. 236 s 73

130Prescribed matters for evidentiary certificates—Act, s 184

For section 184(4)(g) of the Act, the following matters are prescribed—

(a)information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5;

(b)a summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5.

s 130 amd 2020 SL No. 236 s 192

131Matters about seizure of fisheries resources—Act, s 154

For section 154 of the Act—

(a)fish of a species of regulated fish are declared to be fisheries resources to which the section applies; and

(b)the offences against sections 77 and 78 of the Act are declared to be offences to which the section applies; and

(c)the percentage prescribed for fish that are declared fisheries resources is—

(i)if the Fisheries Declaration 2019, schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or

(ii)otherwise—5%.

132Persons who may be appointed as inspectors

For section 140(1)(d) of the Act, the following persons are prescribed—

(a)an employee of a local government;

(b)a person with relevant knowledge of fisheries resources or fish habitat in a particular area;

Example for paragraph (b)—

a member of an entity engaged in stocking fish

(c)a person appointed to enforce fisheries legislation, other than the Act.

133Prescribed entities for delegation of functions or powers—Act, s 222

(1)For section 222(1)(b) of the Act, each of the following entities is prescribed—

(a)the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994;

(b)a government entity under the Public Service Act 2008, section 24;

(c)Australia Post;

(d)an entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post.

Examples of an agreement or arrangement for paragraph (d)—

•a licence

•a franchise agreement

•an arrangement for an entity to supply services that are ancillary to its other services

(2)However, subsection (1)(b), (c) and (d) applies only in relation to the chief executive’s power to issue a permit to take freshwater fish from a prescribed stocked impoundment by using a fishing line.

s 133 amd 2021 SL No. 29 s 21

134Purpose of part

This part states accepted development requirements for fisheries development under section 32 of the Act.

Note—

See the Planning Regulation 2017, schedule 7, part 3 for how works done in accordance with the accepted development requirements affect the classification of the works.

135Accepted development requirements

The requirements for fisheries development mentioned in column 1 are the accepted development requirements stated in the document mentioned in column 2 opposite the development—

Column 1		Column 2
Fisheries development		Document stating accepted development requirements
material change of use of premises for aquaculture		document called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive
operational work for constructing or raising waterway barrier works		document called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive
operational work within a declared fish habitat area		document called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive
removal, destruction or damage of marine plants		document called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive

136Documents stating accepted development requirements available for inspection

A document mentioned in section 135 is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

ch 6 pt 4 div 1 hdg amd 2024 SL No. 196 s 11

137Assessment fees

(1)Schedule 5 states the fees payable for a resource allocation authority.

(2)For schedule 5, an application for a resource allocation authority requires a level 1, 2, 3, 4 or 5 assessment if the chief executive considers the application will reasonably require that level of assessment having regard to each of the following—

(a)the number of hours, and number of persons, that will be involved in assessing the application;

(b)the complexity of assessing the development or activity the subject of the application against the Act;

(c)the number of site inspections that will be required for assessing the application;

(d)whether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application.

s 137 amd 2024 SL No. 196 s 12

138Definition for division

In this division—

holder, of a licence or other authority, does not include a person who holds the licence or other authority because of a temporary transfer.

139Fees generally

(1)The fees payable under the Act, other than the fees payable under division 1, are stated in schedule 6.

(2)An amount of a fee stated in schedule 6 that is not paid as required under this division may be recovered by the State as a debt.

140General matters about fees for a licence, fishery symbol or quota authority

(1)A fee stated in schedule 6, part 1 for a licence—

(a)is in addition to any fee payable under schedule 6, part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and

(b)is payable by the holder of the licence.

(2)A fee stated in schedule 6, part 2 for a fishery symbol—

(a)is an annual fee; and

(b)is for each fishery symbol of that type written on a licence; and

(c)if the fee includes a reference to a unit or area—is for each unit or area to which the fishery symbol relates; and

(d)is payable by the holder of the licence.

(3)A fee stated in schedule 6, part 2 for a quota authority—

(a)is an annual fee; and

(b)is for each quota authority of that type held by the holder of the authority; and

(c)is payable by the holder of the authority.

141Additional provision about annual fees for a licence, fishery symbol or quota authority

(1)This section applies to—

(a)an annual fee for a licence stated in schedule 6, part 1; and

(b)a fee for a fishery symbol or quota authority stated in schedule 6, part 2.

(2)The fee is payable for a financial year—

(a)in full before the start of the financial year; or

(b)for a licence stated in schedule 6, part 1—in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with—

(i)1 payment before the start of the financial year; and

(ii)the other payment at least 6 months before the end of the financial year.

(3)If the licence, fishery symbol or quota authority is issued or transferred to a person during a financial year, subsection (2) applies in relation to that financial year as if—

(a)a reference to the start of the financial year were a reference to when the licence, fishery symbol or quota authority was issued or transferred to the person; and

(b)a reference to at least 6 months before the end of the financial year were a reference to the middle of the period starting when the licence was issued or transferred to the person and ending at the end of the financial year.

(4)For subsection (3), a fishery symbol is issued or transferred to a person when the fishery symbol is written on a licence held by the person.

(5)In this section—

additional administrative fee means the additional administrative fee stated in schedule 6, part 1.

s 141 amd 2020 SL No. 152 s 17; 2020 SL No. 236 s 192A (amd 2021 SL No. 85 s 20)

142Further provision about licence, fishery symbol or quota authority held for part of a financial year

(1)This section applies if a licence, fishery symbol or quota authority is held by a person for only part of a financial year.

(2)The annual fee payable by the person for the licence, fishery symbol or quota authority for the financial year is the proportion of the annual fee stated in schedule 6, part 1 or 2 attributable to the number of whole or part months for which the licence, fishery symbol or quota authority is held by the person.

(3)For this section, a fishery symbol is held by a person for the period the fishery symbol is written on a licence held by the person.

143Chief executive may waive or refund a fee

(1)This section applies for waiving or refunding fees stated in schedule 5 or schedule 6.

(2)The chief executive may—

(a)waive the payment of a fee for a person; or

(b)refund the whole, or a part of, a fee paid by a person.

Examples—

1The chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application.

2The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.

s 143 amd 2024 SL No. 196 s 13

ch 7 pt 1 hdg ins 2020 SL No. 236 s 74

144Existing commercial fisher licences

Section 31 does not apply to a commercial fisher licence in force immediately before the commencement unless and until the licence is renewed.

145Existing commercial fishing boat licences

Section 34(2) does not apply to a commercial fishing boat licence in force immediately before the commencement unless and until the licence is renewed or transferred.

146Existing general purpose permits

(1)Section 50 does not apply to a general fisheries permit in force immediately before the commencement.

(2)Also, section 25(e) does not affect a general fisheries permit in force immediately before the commencement.

147Existing notices relating to vessel tracking

(1)This section applies to each of the following notices that were still in effect immediately before the commencement—

(a)a boat communication notice given to the chief executive under section 625K of the expired regulation;

(b)a notice given to the chief executive under section 625N of the expired regulation;

(c)a notice given by the chief executive or an inspector under section 625O(3), 625P(3) or 625Q(2)(a) of the expired regulation;

(d)a notice given to the chief executive or an inspector under section 625Q(2)(b) of the expired regulation.

(2)The notice is taken to have been given under the provision of chapter 4, part 1 corresponding to the provision of the expired regulation under which the notice was given.

(3)In this section—

expired regulation means the expired Fisheries Regulation 2008.

148Annual fees for 2019-20 financial year

(1)This section applies in relation to an annual fee payable, under chapter 6, part 4, division 2, for the financial year ending on 30 June 2020 for an authority in force on the commencement.

(2)The annual fee is payable in full before 31 December 2019.

(3)However, if, on the commencement, the holder of the authority has paid all fees relating to the authority that the holder has been liable to pay under the Act before the commencement, the annual fee payable for the authority for the financial year ending on 30 June 2020 is reduced by 50%.

(4)The chief executive may enter into an arrangement with the holder of the authority for the annual fee to be paid in 2 or more payments with the last payment being made no later than 30 June 2020.

149References to 2008 regulation

(1)In an instrument, a reference to the expired Fisheries Regulation 2008 may be taken to be a reference to any of the following, if the context permits—

(a)this regulation;

(b)the Fisheries (Commercial Fisheries) Regulation 2019;

(c)the Fisheries Declaration 2019.

(2)In an instrument, a reference to a provision of the expired Fisheries Regulation 2008 (the expired provision) may, if the context permits, be taken to be a reference to the provision of legislation mentioned in subsection (1)(a), (b) or (c) that corresponds, or substantially corresponds, to the expired provision.

ch 7 pt 2 hdg ins 2020 SL No. 236 s 75

ch 7 pt 2 div 1 hdg ins 2020 SL No. 236 s 75

150References to trawl regions

(1)This section applies to a reference in this regulation to a trawl region, or a trawl region by name, from the commencement to 31 August 2021.

(2)The reference is taken to be a reference to a trawl region, or a trawl region of that name, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, part 4, division 1, as it will be in force on 1 September 2021.

Note—

The Fisheries (Commercial Fisheries) Regulation 2019, schedule 2 is replaced by the Fisheries Legislation Amendment Regulation 2020, section 159 which commences on 1 September 2021.

s 150 ins 2020 SL No. 236 s 75

151References to Fisheries (Commercial Fisheries) Regulation 2019, sch 9

(1)This section applies to a reference in any of schedules 2B to 2D to a provision of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, from the commencement to 31 August 2021.

(2)The reference is taken to be a reference to the provision of that number in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, as it will be in force on 1 September 2021.

Note—

The Fisheries (Commercial Fisheries) Regulation 2019, schedule 9 is replaced by the Fisheries Legislation Amendment Regulation 2020, section 172 which commences on 1 September 2021.

s 151 ins 2020 SL No. 236 s 75

152Existing general fisheries permits

Section 51A does not apply to a general fisheries permit in effect immediately before the commencement.

s 152 ins 2020 SL No. 236 s 75

153Existing ITQ units

(1)An ITQ unit in effect immediately before the commencement is taken to be a C2-ITQ unit.

(2)In a document, if the context permits, a reference to an ITQ is taken to be a reference to a C2-ITQ unit.

(3)To remove any doubt, it is declared that the amendment of this regulation by the Fisheries Legislation Amendment Regulation 2020 did not create a new type of quota authority for the commercial spanner crab fishery (managed area A).

s 153 ins 2020 SL No. 236 s 75

ch 7 pt 2 div 2 hdg ins 2020 SL No. 236 s 122

154Existing commercial fishing boat licences

(1)A commercial fishing boat licence in effect immediately before the commencement of this section is taken to be a primary commercial fishing licence subject to the same term and conditions that applied to the licence immediately before the commencement.

(2)Section 32 does not apply in relation to tender boats authorised to be used under the licence until the licence is renewed or transferred.

(3)Subsection (4) applies if—

(a)section 145 applied to the licence on the commencement of that section; and

(b)the licence has not been renewed or transferred between the commencement of that section and the commencement of this section.

(4)Section 31(2) does not apply to the licence unless and until the licence is renewed or transferred.

s 154 ins 2020 SL No. 236 s 122

155Existing commercial harvest fishery licences

(1)This section applies in relation to a person who held a commercial harvest fishery licence in effect immediately before the commencement (the existing licence).

(2)From the commencement, the person is taken to hold a primary commercial fishing licence, subject to the same term and conditions that applied to the existing licence immediately before the commencement.

(3)The chief executive must give the person a written notice stating the following matters for the licence—

(a)the boat that is the primary commercial fishing boat;

(b)the authorised number of tender boats for each fishery symbol written on the licence.

(4)Section 32 applies in relation to the chief executive deciding the authorised number of tender boats for the licence under subsection (3)(b).

(5)If the person applies for, and is issued, a commercial fisher licence before 30 June 2021, no annual fee is payable for the first year of the licence.

s 155 ins 2020 SL No. 236 s 122

156Existing commercial fisher licences

(1)This section applies to a commercial fisher licence—

(a)to which section 144 applied on the commencement of that section; and

(b)that has not been renewed between the commencement of that section and the commencement of this section.

(2)Section 35 does not apply to the commercial fisher licence until the licence is renewed.

s 156 ins 2020 SL No. 236 s 122

157Existing carrier boat licences

(1)A carrier boat licence in effect immediately before the commencement ends 1 year after the commencement.

(2)Sections 42 and 43 as in force immediately before the commencement continue to apply in relation to the licence.

s 157 ins 2020 SL No. 236 s 122

158Undecided applications for particular licences

(1)An undecided application for a commercial fishing boat licence or commercial harvest fishery licence is taken to be an application for a primary commercial fishing licence.

(2)An undecided application for a carrier boat licence is taken to have been withdrawn.

(3)The chief executive must refund any fee paid for an application mentioned in subsection (2) to the applicant.

(4)In this section—

undecided application means an application made, but not decided, before the commencement.

s 158 ins 2020 SL No. 236 s 122

159References to particular licences

In a document, if the context permits, a reference to a commercial fishing boat licence or commercial harvest fishery licence is taken to be a reference to a primary commercial fishing licence.

s 159 ins 2020 SL No. 236 s 122

ch 7 pt 2 div 3 hdg ins 2020 SL No. 236 s 193

160Fees for fishery symbols and quota authorities for financial year starting 1 July 2021

(1)The fees stated in new schedule 6, part 2 apply to fishery symbols and quota authorities from 1 January 2022.

(2)For the financial year starting on 1 July 2021 (the 21-22 financial year)—

(a)the fees for a fishery symbol or quota authority for the period from 1 July 2021 to 31 December 2021 are the proportion of the fees stated in former schedule 6, part 2 attributable to the first 6 months of the financial year; and

(b)the fees for a fishery symbol or quota authority for the period from 1 January 2022 to 30 June 2022 are the proportion of the fees stated in new schedule 6, part 2 attributable to the last 6 months of the financial year.

(3)However, the fee payable for a new quota authority for the 21-22 financial year—

(a)is the proportion of the annual fee stated in new schedule 6, part 2 for the authority attributable to the last 6 months of the financial year; and

(b)is payable on or before 1 January 2022.

(4)Subsection (5) applies if—

(a)before the commencement, the holder of an existing authority paid a fee stated in former schedule 6, part 2 for the authority for the 21-22 financial year (the paid amount); and

(b)the paid amount is different to the fee payable for the authority for the 21-22 financial year under subsection (2) (the payable amount).

(5)The chief executive must—

(a)if the paid amount is higher than the payable amount—refund the difference between the paid amount and payable amount to the holder; or

(b)if the paid amount is lower than the payable amount—give the holder a written notice stating the payable amount and the date, no earlier than 1 January 2022, by which the difference between the paid amount and payable amount is due.

(6)This section does not limit section 142 or 143.

(7)In this section—

existing authority means an authority other than a new quota authority.

former schedule 6, part 2 means schedule 6, part 2 as in force immediately before the commencement.

new quota authority means—

(a)an effort unit for the Moreton Bay trawl region; or

(b)an ENL-ITQ unit; or

(c)a C1-ITQ unit.

new schedule 6, part 2 means schedule 6, part 2 as in force on the commencement.

s 160 ins 2020 SL No. 236 s 193

161Continued application of ch 5, pt 2 to particular licences

(1)This section applies if the relevant period under chapter 5, part 2 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.

(2)Chapter 5, part 2 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.

s 161 ins 2020 SL No. 236 s 193

162Continued application of ch 5, pt 3 to particular licences

(1)This section applies if the relevant period under chapter 5, part 3 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.

(2)Chapter 5, part 3 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.

s 162 ins 2020 SL No. 236 s 193

163References to T1 effort units and T2 effort units

In a document, if the context permits—

(a)a reference to T1 effort units is taken to be a reference to effort units for a trawl region; and

(b)a reference to T2 effort units is taken to be a reference to effort units for the southern offshore trawl region B.

s 163 ins 2020 SL No. 236 s 193

section 20

sch 1 amd 2020 SL No. 236 ss 123, 193A (amd 2021 SL No. 29 s 39)

section 57(2)

•Baffle

•Barron

•Bloomfield

•Bulloo

•Curtis Island

•Daintree

•Endeavour

•Fraser Island

•Hann (with the river basin reference number 1050)

•Hinchinbrook Island

•Jacky Jacky

•Jeannie

•Lockhart

•Mossman

•Mulgrave

•Murray

•Noosa

•Normanby

•North Johnstone

•Olive

•Pascoe

•river basins comprising the Gulf of Carpentaria drainage division

•river basins comprising the Lake Eyre drainage division

•river basins comprising the Murray–Darling drainage division

•Russell

•Shoalwater

•South Johnstone

•Stewart

•Stradbroke Islands

•Tully

•Waterpark

•Whitsunday Island

sections 58 and 58A

1Purpose of part

This part provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.

1AApplication of part

This part applies only to T1 effort units or T2 effort units held by a person on 22 April 2021.

sch 2A s 1A ins 2021 SL No. 29 s 22(1)

2Definition for part

In this part—

prescribed year means a calendar year starting on 1 January of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 or 2017.

3Working out holder’s used and unused effort units

(1)This section provides for working out, for the holder of T1 effort units or T2 effort units—

(a)the holder’s number of used T1 effort units or T2 effort units for each trawl region; and

(b)the holder’s number of unused T1 effort units or T2 effort units.

(2)The holder’s used T1 effort units or T2 effort units for a trawl region are worked out—

(a)by adding up the number of the T1 effort units or T2 effort units the holder used in each of the prescribed years in the region; and

(b)dividing that number by 10.

(3)The holder’s unused T1 effort units or T2 effort units is the difference between—

(a)the total number of T1 effort units or T2 effort units held by the holder; and

(b)the total number of the holder’s used T1 effort units or T2 effort units for all trawl regions worked out under subsection (2).

4Particular holders may nominate trawl region for used T1 effort units

(1)This section applies if the holder of used T1 effort units obtained the holder’s T1 licence between 1 January 2015 and 30 June 2017.

(2)The holder may, before 16 July 2021, give the chief executive written notice nominating 1 or more trawl regions to which a stated number of the used T1 effort units are to be converted under this part.

(3)However, the holder—

(a)must nominate 1 or more trawl regions for exactly 50% of the holder’s used T1 effort units; and

(b)can not nominate the Moreton Bay trawl region.

(4)In this section—

obtained, in relation to a T1 licence, means obtained in either of the following ways—

(a)by issue of the licence by the chief executive;

(b)by transfer of the licence from another person.

5Holder may nominate trawl region for unused T1 effort units

The holder of unused T1 effort units may, before 16 July 2021, give the chief executive written notice nominating the trawl region to which the unused T1 effort units are to be converted under this part.

6Allocation of trawl region for T1 effort units

(1)The chief executive must allocate the trawl region to which T1 effort units held by a person are to be converted under this part.

(2)Used T1 effort units must be allocated to—

(a)for used T1 effort units the subject of a nomination under section 4—the trawl region nominated by the holder; or

(b)for other used T1 effort units—the trawl region in which the effort units were used.

(3)Unused T1 effort units must be allocated—

(a)if the holder of the T1 effort units has, under section 5, nominated the trawl region to which the unused effort units are to be converted—to the trawl region nominated by the holder; or

(b)otherwise, as follows—

(i)36% of the T1 units must be allocated to the southern offshore trawl region A;

(ii)21% of the T1 units must be allocated to the southern inshore trawl region;

(iii)21% of the T1 units must be allocated to the central trawl region;

(iv)22% of the T1 units must be allocated to the northern trawl region.

7Conversion of T1 and T2 effort units

The chief executive must, before 31 August 2021—

(a)convert T1 effort units into effort units for the trawl region to which the effort units are allocated under section 6; and

(b)convert T2 effort units into effort units for the southern offshore trawl region B; and

(c)give each holder of T1 effort units or T2 effort units a replacement certificate for the effort units.

8When conversion takes effect

The conversion of T1 effort units and T2 effort units into effort units for a trawl region under this part takes effect on 1 September 2021.

9Definitions for part

In this part—

eligible licence means an M1 or M2 licence.

eligible person means a person who holds an eligible licence on 22 April 2021.

prescribed year means a financial year starting on 1 July of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 or 2016.

10Issue of effort units

The chief executive must, on or before 31 August 2021, issue to each eligible person the number of effort units for the Moreton Bay trawl region worked out under division 2 for the person.

11When effort units take effect

Effort units for the Moreton Bay trawl region issued under this part take effect on 1 September 2021.

12Process for deciding number of effort units to be issued

The chief executive must decide the number of effort units for the Moreton Bay trawl region to be issued to an eligible person under this part as follows—

(a)the chief executive must decide, under section 13, each eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years;

(b)the chief executive must work out, under section 14, the extra fishing days available for allocation to eligible persons and allocate them to each eligible person;

(c)the chief executive must apply the formula and process in section 15 to decide the number of effort units for the Moreton Bay trawl region to be issued to each eligible person under this part;

(d)if applicable, the chief executive must adjust the number of effort units for the Moreton Bay trawl region to be issued to the eligible person under section 16.

13Deciding eligible person’s average yearly fishing days

(1)An eligible person’s fishing days for the Moreton Bay trawl region are the days—

(a)that the person used a boat in the region under an eligible licence held by the person; and

(b)the details of which have been reported to the chief executive under an information requirement before 1 July 2018.

(2)The chief executive must decide an eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years by—

(a)adding up the person’s fishing days in the 7 prescribed years with the highest number of fishing days; and

(b)dividing that number by 7.

(3)The chief executive must give each eligible person an information notice for the chief executive’s decision under subsection (2).

14Allocation of extra fishing days

(1)The chief executive must work out the extra fishing days for the Moreton Bay trawl region available for allocation to eligible persons by—

(a)adding the average yearly fishing days for the Moreton Bay trawl region worked out under section 13(2) for all eligible persons; and

(b)subtracting that number from 8,535.

(2)The extra fishing days are to be allocated to eligible persons as follows—

(a)half of the days are to be issued among all eligible persons who hold an M1 licence in proportion to the number of M1 licences each eligible person holds relative to the total number of M1 licences;

(b)half of the days are to be issued among all eligible persons who hold an M2 licence in proportion to the number of M2 licences each eligible person holds relative to the total number of M2 licences.

(3)If, after applying subsection (2), the number of days to be issued to an eligible person is not a whole number, the number must be rounded up to the nearest whole number.

sch 2A s 14 amd 2021 SL No. 29 s 22(2)

15Deciding number of units to be issued

(1)The number of effort units for the Moreton Bay trawl region to be issued to an eligible person is the number worked out using the following formula—

      where—

EU means the number of the effort units to be issued to the eligible person.

FD means the eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years worked out under section 13.

ED means the number of extra fishing days for the Moreton Bay trawl region allocated to the eligible person under section 14.

EUCF means the effort unit conversion factor, for the primary boat identified in the eligible person’s M1 or M2 licence, stated in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 10 opposite the number of hull units for the boat.

(2)If, after applying the formula, the number is not a whole number of effort units, the number of effort units to be issued is taken to be the nearest whole number, rounded up.

16Adjustment of effort units to be issued to holder of M1 licence if more than T1 holding

(1)This section applies if, under sections 13 to 15, the number of effort units for the Moreton Bay trawl region to be issued to an eligible person who holds an M1 licence would be higher than the number (the capped number) of T1 effort units held by the eligible person for the licence before the conversion of the effort units under part 1.

(2)The number of effort units for the Moreton Bay trawl region to be issued to the eligible person must be reduced to the capped number.

sch 2A s 16 amd 2021 SL No. 29 s 22(3)–(4)

17Effort unit certificate

(1)The chief executive must issue a certificate (an effort unit certificate) to each person who holds effort units for the Moreton Bay trawl region issued under this part.

(2)The effort unit certificate must state the following—

(a)the holder’s name;

(b)that the units are issued for taking fish in the Moreton Bay trawl region;

(c)how many effort units for the Moreton Bay trawl region the holder has;

(d)if the chief executive has imposed conditions on the effort units under section 61 of the Act—the conditions.

(3)However, if the person also holds T1 effort units or T2 effort units converted under part 1, the chief executive must include the details about effort units for the Moreton Bay trawl region issued under this part in the replacement certificate given under section 7(c).

sch 2A ins 2020 SL No. 236 s 76

section 58B

1Definitions for schedule

In this schedule—

eligible licence, for ENL-ITQ units, means a relevant licence for the ENL-ITQ units under which at least 100kg of prescribed ENL-ITQ fish was—

(a)taken, in the combined area of all prescribed ENL management regions, in the prescribed years; and

(b)reported to the chief executive under an information requirement before 1 July 2018.

eligible person, for ENL-ITQ units, means a person who holds an eligible licence for the units on 22 April 2021.

prescribed year means a calendar year starting on 1 January of 2013, 2014, 2015, 2016 or 2017.

relevant licence, for ENL-ITQ units, means a licence that has written on it a fishery symbol stated for the ENL-ITQ units in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2.

Note—

See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.

2References to prescribed ENL-ITQ fish and prescribed ENL management region

In this schedule—

(a)a reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2; and

(b)a reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2; and

(c)a reference to the combined area of all prescribed ENL management regions in relation to an ENL-ITQ unit means the combined area of—

(i)the prescribed ENL management region for the ENL-ITQ unit; and

(ii)the prescribed ENL management region for each other ENL-ITQ unit.

3Issue of ENL-ITQ units

The chief executive must, on or before 31 August 2021, issue to each eligible person the number of ENL-ITQ units worked out under division 2 for the person.

4When ENL-ITQ units take effect

ENL-ITQ units issued under this schedule take effect on 1 September 2021.

5Process for deciding number of ENL-ITQ units to be issued

The chief executive must decide the number of ENL-ITQ units to be issued to an eligible person as follows—

(a)the chief executive must decide, under section 6, the eligible person’s eligible reported catch for the units;

(b)the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6, as provided under sections 7 to 9;

(c)the chief executive must decide the total reported catch for the units under section 10;

(d)the chief executive must apply the formula and process in section 11 to decide the number of ENL-ITQ units to be issued to the eligible person.

6Deciding eligible person’s eligible reported catch

(1)An eligible person’s reported catch for ENL-ITQ units for a prescribed year is the amount of the prescribed ENL-ITQ fish—

(a)taken in the prescribed ENL management region in the year under the eligible licence held by the person; and

(b)reported to the chief executive under an information requirement before 1 July 2018.

(2)The chief executive must decide an eligible person’s eligible reported catch for ENL-ITQ units by adding up the person’s reported catch for the units for the 4 prescribed years with the highest reported catch for the units.

7Chief executive notice of eligible person’s eligible reported catch

(1)After deciding an eligible person’s eligible reported catch for ENL-ITQ units under section 6, the chief executive must give the person a written notice stating—

(a)the details of the person’s reported catch for the units for each prescribed year; and

(b)the person’s eligible reported catch for the units decided by the chief executive under section 6(2); and

(c)that the person may, within 60 days after the notice is given to the person—

(i)apply for an amendment of the chief executive’s decision under section 6(2) as provided in section 8; or

(ii)apply for the substitution of the chief executive’s decision under section 6(2) as provided in section 9.

(2)The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6(2).

8Eligible person may apply for amended eligible reported catch

(1)The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6(2) if the chief executive has made an error in the details mentioned in section 7(1)(a).

(2)The application must be—

(a)made in writing; and

(b)supported by evidence of the error.

(3)If the eligible person makes an application under subsection (1), the chief executive must—

(a)amend the chief executive’s decision under section 6(2) to address the error; or

(b)decide not to amend the chief executive’s decision under section 6(2).

(4)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).

9Eligible person may apply for substituted eligible reported catch

(1)The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6(2) if—

(a)prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year); and

(b)either of the following applies for each nil history year (each a substitution reason for the nil history year)—

(i)the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014;

(ii)the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.

(2)The application must—

(a)be made in writing; and

(b)include details of, and evidence supporting, the substitution reason for each nil history year.

(3)If the eligible person applies for a substitution under subsection (1), the chief executive must—

(a)substitute the chief executive’s decision under section 6(2); or

(b)decide not to substitute the chief executive’s decision under section 6(2).

(4)However, the chief executive may substitute the chief executive’s decision under section 6(2) only if the chief executive is satisfied there is a substitution reason for the nil history years.

(5)The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years.

(6)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).

(7)In this section—

prescribed number, of nil history years for an eligible person, means—

(a)if the eligible person has only 2 nil history years—1; or

(b)if the eligible person has 3 or 4 nil history years—2.

10Deciding total reported catch for ENL-ITQ units

The total reported catch for ENL-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 21 July 2021.

sch 2B s 10 amd 2021 SL No. 29 s 23

11Deciding number of units to be issued

(1)The number of ENL-ITQ units to be issued to an eligible person is the number worked out using the following formula—

      where—

ENL-ITQ means the number of ENL-ITQ units to be issued to the eligible person.

EC means the eligible person’s eligible reported catch for the ENL-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9.

N means the following number—

(a)for BM1-ITQ units—5,580;

(b)for BM2-ITQ units—35,038;

(c)for BM3-ITQ units—127,962;

(d)for BM4-ITQ units—54,275;

(e)for BM5-ITQ units—20,744;

(f)for GM1-ITQ units—1,091;

(g)for GM2-ITQ units—26,805;

(h)for GM3-ITQ units—67,133;

(i)for GM4-ITQ units—13,625;

(j)for GM5-ITQ units—20,347;

(k)for KT1-ITQ units—2,167;

(l)for KT2-ITQ units—13,619;

(m)for KT3-ITQ units—11,231;

(n)for KT4-ITQ units—23,600;

(o)for KT5-ITQ units—21,383;

(p)for SM5-ITQ units—69,100;

(q)for WT5-ITQ units—162,000.

TC means the total reported catch for the ENL-ITQ units worked out under section 10.

(2)If, after applying the formula, the number is not a whole number of ENL-ITQ units, the number of ENL-ITQ units to be issued is taken to be the nearest whole number, rounded up.

12ENL-ITQ certificate

(1)The chief executive must issue a certificate (an ENL-ITQ certificate) to each person who holds ENL-ITQ units.

(2)The ENL-ITQ certificate must state the following—

(a)the holder’s name;

(b)for each type of ENL-ITQ units, that the units are issued for the taking of prescribed ENL-ITQ fish in the prescribed ENL management region;

(c)how many ENL-ITQ units of each type the holder has;

(d)if the chief executive has imposed conditions on the ENL-ITQ units under section 61 of the Act—the conditions.

sch 2B ins 2020 SL No. 236 s 76

section 58C

1Definitions for schedule

In this schedule—

eligible licence means a C1 licence.

eligible person means a person who holds an eligible licence on 22 April 2021.

prescribed year means a financial year starting on 1 July of 2010, 2011, 2012, 2013, 2014, 2015 or 2016.

2References to prescribed crab and prescribed crab management region

In this schedule—

(a)a reference to prescribed crab in relation to a C1- ITQ unit is a reference to the crab stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 3; and

(b)a reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 3.

Note—

See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.

3Issue of C1-ITQ units

The chief executive must, on or before 31 August 2021, issue to each eligible person the number of C1-ITQ units worked out under division 2 for the person.

4When C1-ITQ units take effect

C1-ITQ units issued under this schedule take effect on 1 September 2021.

5Process for deciding number of C1-ITQ units to be issued

The chief executive must decide the number of C1-ITQ units to be issued to an eligible person as follows—

(a)the chief executive must decide, under section 6, the eligible person’s eligible reported catch for the units;

(b)the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6, as provided under sections 7 to 9;

(c)the chief executive must work out the total reported catch for the units under section 10;

(d)the chief executive must apply the formula and process in section 11 to decide the number of C1-ITQ units to be issued to the eligible person.

6Deciding eligible person’s eligible reported catch

(1)An eligible person’s reported catch for C1-ITQ units for a prescribed year is the amount of prescribed crab—

(a)taken in the prescribed crab region in the year under the eligible licence held by the person; and

(b)reported to the chief executive under an information requirement before 31 December 2017.

(2)However, the maximum amount of mud crabs that may constitute the person’s reported catch for C1-ITQ units for a prescribed year is—

(a)if the person held an eligible licence on which 2 or more ‘C1’ fishery symbols were written for any part of the year, and holds an eligible licence on which 2 or more ‘C1’ fishery symbols are written on 22 April 2021—12t; or

(b)otherwise—6t.

(3)The chief executive must decide an eligible person’s eligible reported catch for C1-ITQ units by adding up the person’s reported catch for the units for the 6 prescribed years with the highest reported catch for the units.

7Chief executive notice of eligible person’s eligible reported catch

(1)After deciding an eligible person’s eligible reported catch for C1-ITQ units under section 6, the chief executive must give the person a written notice stating—

(a)the details of the person’s reported catch for the units for each prescribed year; and

(b)the person’s eligible reported catch for the units decided by the chief executive under section 6(3); and

(c)that the person may, within 60 days after the notice is given to the person—

(i)apply for an amendment of the chief executive’s decision under section 6(3) as provided in section 8; or

(ii)apply for a substitution of the chief executive’s decision under section 6(3) as provided in section 9.

(2)The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6(3).

8Eligible person may apply for amended eligible reported catch

(1)The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6(3) if the chief executive has made an error in the details mentioned in section 7(1)(a).

(2)The application must be—

(a)made in writing; and

(b)supported by evidence of the error.

(3)If the eligible person makes an application under subsection (1), the chief executive must—

(a)amend the chief executive’s decision under section 6(3) to address the error; or

(b)decide not to amend the chief executive’s decision under section 6(3).

(4)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).

9Eligible person may apply for substituted eligible reported catch

(1)The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6(3) if—

(a)prescribed crab was not taken in the prescribed crab management region under the eligible licence in 3, 4, 5 or 6 prescribed years (each a nil history year); and

(b)either of the following applies for each nil history year (each a substitution reason for the nil history year)—

(i)the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014;

(ii)the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.

(2)The application must—

(a)be made in writing; and

(b)include details of, and evidence supporting, the substitution reason for each nil history year.

(3)If the eligible person applies for a substitution under subsection (1), the chief executive must—

(a)substitute the chief executive’s decision under section 6(3); or

(b)decide not to substitute the chief executive’s decision under section 6(3).

(4)However, the chief executive may substitute the chief executive’s decision under section 6(3) only if the chief executive is satisfied there is a substitution reason for the nil history years.

(5)The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the C1-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the C1-ITQ units for each of the prescribed years that were not nil history years.

(6)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).

(7)In this section—

prescribed number, of nil history years for an eligible person, means—

(a)if the eligible person has only 3 nil history years—1; or

(b)if the eligible person has 4, 5 or 6 nil history years—2.

10Deciding total reported catch for C1-ITQ units

The total reported catch for C1-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 21 July 2021.

sch 2C s 10 amd 2021 SL No. 29 s 24

11Deciding number of units to be issued

(1)The number of C1-ITQ units to be issued to an eligible person is the number worked out using the following formula—

      where—

C1-ITQ means the number of C1-ITQ units to be issued to the eligible person.

EC means the eligible person’s eligible reported catch for the C1-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9.

N means—

(a)for BC1-ITQ units—6,750; or

(b)for EC1-ITQ units—29,600; or

(c)for GC1-ITQ units—2,440.

TC means the total reported catch for the C1-ITQ units worked out under section 10.

(2)If, after applying the formula, the number is not a whole number of C1-ITQ units, the number of C1-ITQ units to be issued is taken to be the nearest whole number, rounded up.

12C1-ITQ certificate

(1)The chief executive must issue a certificate (a C1-ITQ certificate) to each person who holds C1-ITQ units.

(2)The C1-ITQ certificate must state the following—

(a)the holder’s name;

(b)for each type of C1-ITQ units, that the units are issued for the taking of prescribed crab in the prescribed crab management region;

(c)how many C1-ITQ units of each type the holder has;

(d)if the chief executive has imposed conditions on the C1-ITQ units under section 61 of the Act—the conditions.

sch 2C ins 2020 SL No. 236 s 76

section 58D

1Purpose of schedule

This schedule provides for the issue of hand-harvest ITQ units to a person (an eligible person) who, immediately before the commencement, held a licence for taking prescribed hand-harvest ITQ fish.

2Definitions for schedule

In this schedule—

eligible licence, for hand-harvest ITQ units, means a commercial harvest fishery licence in effect immediately before the commencement on which the relevant fishery symbol for the units is written.

eligible person see section 1.

relevant fishery symbol means—

(a)for B1B-ITQ units, B1W-ITQ units or B1O-ITQ units—‘B1’; or

(b)for DS-ITQ units or DO-ITQ units—‘D’; or

(c)for G-ITQ units—‘G’; or

(d)for J1-ITQ units—‘J1’; or

(e)for R-ITQ units—‘R’.

3References to prescribed hand-harvest ITQ fish

In this schedule, a reference to prescribed hand-harvest ITQ fish in relation to a hand-harvest ITQ unit is a reference to the fish stated for the hand-harvest ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 4.

Note—

See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.

4What is an eligible person’s quota entitlement

(1)An eligible person’s quota entitlement for hand-harvest ITQ units is the amount of prescribed hand-harvest ITQ fish, in kilograms, that the person was authorised to take each year under an eligible licence.

(2)If an eligible person was authorised to take prescribed hand-harvest ITQ fish under 2 or more eligible licences, the person’s quota entitlement for the hand-harvest ITQ units is the sum of the amounts the person was authorised to take under all of the licences.

5Issue of hand-harvest ITQ units

The chief executive must, on or before 31 August 2021, issue to each eligible person a hand-harvest ITQ unit for each kilogram of the eligible person’s quota entitlement for the units worked out under section 4.

6When hand-harvest ITQ units take effect

Hand-harvest ITQ units issued under this schedule take effect on 1 September 2021.

7Hand-harvest ITQ certificate

(1)The chief executive must issue a certificate (a hand-harvest ITQ certificate) to each person who holds hand-harvest ITQ units.

(2)The hand-harvest ITQ certificate must state the following—

(a)the holder’s name;

(b)for each type of hand-harvest ITQ units, that the units are issued for the taking of prescribed hand-harvest ITQ fish;

(c)how many hand-harvest ITQ units of each type the holder has;

(d)if the chief executive has imposed conditions on the hand-harvest ITQ units under section 61 of the Act—the conditions.

sch 2D s 7 amd 2023 SL No. 44 s 20

sch 2D ins 2020 SL No. 236 s 76

Section 58E

1Definitions for schedule

In this schedule—

eligible person means a person who, on 19 June 2023, holds a hand-harvest ITQ certificate for DS-ITQ units.

hand-harvest ITQ certificate see schedule 2D, section 7(1).

2References to prescribed select coral

In this schedule, a reference to prescribed select coral in relation to a select coral ITQ unit is a reference to fish of the species of select coral under the Fisheries (Commercial Fisheries) Regulation 2019 stated for the select coral ITQ unit in schedule 9, part 5 of that regulation.

3Issue of select coral ITQ units

The chief executive must, on or before 30 June 2023, issue to each eligible person the number of select coral ITQ units worked out under section 4 for the person.

4Process for deciding number of select coral ITQ units to be issued

(1)The chief executive must decide the number of select coral ITQ units to be issued to an eligible person for prescribed select coral using the following formula—

      where—

SC-ITQ means the number of select coral ITQ units to be issued to the eligible person for fish of a species of prescribed select coral.

D means the number of DS-ITQ units held by the eligible person on 19 June 2023.

P means the amount of fish of the species of prescribed select coral, in kilograms, that is the prescribed commercial catch for the species under the Fisheries Declaration 2019.

Q means the total quota entitlement for specialty coral in the coral fishery under the Fisheries Quota Declaration 2019.

(2)If, after applying the formula, the number of select coral ITQ units for fish of a species of prescribed select coral is not a whole number, the number of the units to be issued is taken to be the nearest whole number, rounded up.

5When select coral ITQ units take effect

Select coral ITQ units take effect on 1 July 2023.

6Select coral ITQ certificate

(1)The chief executive must issue a certificate (a select coral ITQ certificate) to each person who holds select coral ITQ units.

(2)The select coral ITQ certificate must state the following—

(a)the holder’s name;

(b)for each type of select coral ITQ unit, that the units are issued for the taking of prescribed select coral for the type of the unit;

(c)how many select coral ITQ units of each type the holder has;

(d)if the chief executive has imposed conditions on the select coral ITQ units under section 61 of the Act—the conditions.

sch 2E ins 2023 SL No. 44 s 21

sections 77 and 78

sch 3 amd 2020 SL No. 236 s 77; 2024 SL No. 25 s 4

sections 97 and 98