QueenslandFisheriesAct1994Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Fisheries (SustainableFisheries Strategy) Amendment Bill 2018. This
indicative reprint has beenprepared for information only—it is
not an authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Fisheries (Sustainable Fisheries
Strategy) Amendment Bill 2018—4September
2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyFisheries Act 1994Fisheries Act
1994Part 1 Preliminary[s 1]An Act
for the management, use, development and protection offisheriesresourcesandfishhabitats,themanagementofaquaculture activities and helping to prevent
shark attacks, andfor related purposesPart 1PreliminaryDivision 1Introduction1Short
titleThis Act may be cited as theFisheries Act 1994.2CommencementThis Act
commences on a day to be fixed by proclamation.Division 2Objectives3Particular purposes of Act(1)ThemainpurposeofthisActistoprovidefortheuse,conservation and enhancement of the
community’s fisheriesresources and fish habitats in a way
that seeks to—(a)applyandbalancetheprinciplesofecologicallysustainable
development; and(b)promote ecologically sustainable
development.Current as at [Not applicable]Page
13
Fisheries Act 1994Part 1
Preliminary[s 3]Notauthorised—indicativeonly(2)In balancing the principles, each
principle is to be given therelativeemphasisappropriateinthecircumstances,havingregardtoensuringaccesstothefisheriesresourcesisallocatedinawaythatmaximisesthepotentialeconomic,social and cultural benefits to the
community.(3)Despite the main purpose of this Act,
a further purpose of thisAct is to reduce the possibility of
shark attacks on humans incoastal waters of the State adjacent
to coastal beaches used forbathing.(4)Subsections (1) and (3) do not limit
the purposes of this Act.(5)In this
section—ecologicallysustainabledevelopmentmeansusing,conservingandenhancingthecommunity’sfisheriesresources and fish habitats so that—(a)theecologicalprocessesonwhichlifedependsaremaintained; and(b)the
total quality of life, both now and in the future, canbe
improved.precautionary principlemeans the
principle that, if there is athreat of
serious or irreversible environmental damage, lack ofscientific certainty should not be used as a
reason to postponemeasurestopreventenvironmentdegradation,orpossibleenvironmental
degradation, because of the threat.principles of
ecologically sustainable developmentmeans thefollowing principles—(a)enhancing individual and community wellbeing
througheconomic development that safeguards the
wellbeing offuture generations;(b)providing fairness within and between
generations;(c)protecting biological diversity,
ecological processes andlife-support systems;(d)in making decisions, effectively
integrating fairness andshort and long-term economic,
environmental and socialconsiderations;Page 14Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 3A](e)consideringtheglobaldimensionofenvironmentalimpacts of
actions and policies;(f)consideringtheneedtomaintainandenhancecompetition, in
an environmentally sound way;(g)considering the need to develop a strong,
growing anddiversified economy that can enhance the
capacity forenvironmental protection;(h)thatdecisionsandactionsshouldprovideforbroadcommunity
involvement on issues affecting them;(i)the
precautionary principle.3AHow particular
purposes are to be primarily achieved(1)The
main purpose of this Act is to be primarily achieved byproviding for—(a)the
management and protection of fish habitats; and(b)themanagementofcommercial,charter,recreationaland indigenous
fishing; and(c)the management of aquaculture.(2)ThemainpurposeofthisActistobeachieved,sofarasispracticable—(a)in
consultation with, and having regard to the views andinterests of, all persons involved in
commercial, charter,recreationalorindigenousfishingandthecommunitygenerally; and(b)usingatransparentandresponsiveapproachtothemanagement of
access to fisheries resources.(3)ThefurtherpurposeofthisActundersection
3(3)istobeprimarilyachievedbythechiefexecutiveestablishingandmanaging a program for particular coastal
waters of the Stateadjacent to coastal beaches used for
bathing.(4)The program is theshark control
program.Current as at [Not applicable]Page
15
Fisheries Act 1994Part 1
Preliminary[s 4]Division 3InterpretationNotauthorised—indicativeonlySubdivision 1Dictionary4DefinitionsThe dictionary
in schedule 1 defines particular words used inthis Act.Subdivision 2Key
definitions5Meaning offish(1)Fishmeans an animal
(whether living or dead) of a speciesthat throughout
its life cycle usually lives—(a)in
water (whether freshwater or saltwater); or(b)in
or on foreshores; or(c)in or on land
under water.(2)Fishincludes—(a)prawns,crayfish,rocklobsters,crabsandothercrustaceans;
and(b)scallops, oysters, pearl oysters and
other molluscs; and(c)sponges,annelidworms,bêche-de-merandotherholothurians;
and(d)trochus and green snails.(3)However,fishdoes
not include—(a)crocodiles; or(b)protectedanimalsundertheNatureConservationAct1992; or(c)pests under thePest Management
Act 2001; or(d)animals prescribed by regulation not to be
fish.Page 16Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 7](4)Fishalso
includes—(a)the spat, spawn and eggs of fish;
and(b)any part of fish or of spat, spawn or
eggs of fish; and(c)treated fish, including treated spat,
spawn and eggs offish; and(d)coral, coral limestone, shell grit or star
sand; and(e)freshwaterorsaltwaterproductsdeclaredunderaregulation to be fish.(5)A regulation under subsection (4)(e)
may declare a product tobe fish only—(a)for
a particular provision of this Act; or(b)if
the product is used for a particular purpose.(6)Subsection (5)doesnotlimittheStatutoryInstrumentsAct1992, section 24 or
25.7Meaning offisheryFisheryincludes
activities by way of fishing, including, forexample,
activities specified by reference to all or any of thefollowing—(a)a
species of fish;(b)a type of fish by reference to sex,
size or age or anothercharacteristic;(c)an
area;(d)a way of fishing;(e)a
type of boat;(f)a class of person;(g)the
purpose of an activity;(h)the effect of
the activity on a fish habitat, whether or notthe activity
involves fishing;(i)anything else prescribed by
regulation.Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 8]8Meaning ofmarine plant(1)Marine plantincludes the
following—(a)a plant (atidal
plant) that usually grows on, or adjacentto,tidalland,whetheritisliving,dead,standingorfallen;(b)material of a tidal plant, or other plant
material on tidalland;(c)a
plant, or material of a plant, prescribed by regulationto
be a marine plant.(2)Marine plantdoes not include
a plant that is—(a)prohibitedmatterorrestrictedmatterundertheBiosecurity Act 2014; orNotes—1See
theBiosecurity Act 2014, schedule 1 or
schedule 2.2See also the note to theBiosecurity Act 2014, schedules
1and 2.(b)controlledbiosecuritymatterorregulatedbiosecuritymatter under
theBiosecurity Act 2014.Division 4Operation of
Act10Act binds all personsThis
Act binds all persons, including the State.11General application of Act(1)This Act applies to persons, things,
acts and omissions on orin—(a)land
within the limits of the State; and(b)Queensland waters.(2)However, this Act does not apply to—Page
18Current as at [Not applicable]
Fisheries Act 1994Part 1
Preliminary[s 11]Notauthorised—indicativeonly(a)activitiestowhichaCommonwealthlawcooperativefishery applies;
or(b)thetakingoffish,withinthemeaningoftheTorresStrait Fisheries
Act 1984(Cwlth), for the purposes of aCommonwealth law Torres Strait cooperative
fishery; or(c)thelandinginQueenslandoffishtakenunderaCommonwealthfishingconcessionasmentionedinsection 10(2)(c) of the Commonwealth
Fisheries Act; or(d)exclusiveCommonwealthmattersforaStatelawcooperative fishery; or(e)thetakingandkeepingoffishunderacollectionauthority issued
under theBiodiscovery Act 2004.(3)This Act also applies to—(a)recreationalfishingcarriedoninthepartoftheAustralianfishingzonethatistheadjacentareaforQueensland by the use of an Australian boat;
and(b)activities in the Australian fishing
zone to which a Statelaw cooperative fishery
applies.(4)Subsection (3)(a)doesnotapplytorecreationalfishingregulated by a Commonwealth plan of
management.(5)Subsection (3)(b) does not apply to
exclusive Commonwealthmatters for the State law cooperative
fishery.(6)In this section—adjacent
areafor Queensland has the meaning given by
thePetroleum (Submerged Lands) Act 1967(Cwlth).AustralianfishingzonehasthemeaninggivenbytheCommonwealth
Fisheries Act.CommonwealthfishingconcessionmeansafishingconcessionwithinthemeaningoftheCommonwealthFisheries
Act.CommonwealthlawcooperativefisherymeansaCommonwealth–StatefisherymanagedunderCommonwealth law.Current as at
[Not applicable]Page 19
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 12]Commonwealth law
Torres Strait cooperative fisherymeansafisherymanagedunderCommonwealthlawunderanarrangement under theTorres Strait
Fisheries Act 1984, part3.CommonwealthplanofmanagementmeansaplanofmanagementwithinthemeaningoftheCommonwealthFisheries
Act.exclusive Commonwealth matter,
for a State law cooperativefishery, means
any of the following matters—(a)foreign boats;(b)operations on and from foreign boats;(c)persons on foreign boats;(d)foractivitiesintheAustralianfishingzone—mattersthathappenedbeforetheCommonwealth–StatearrangementforthefisherytookeffectifCommonwealth law applies to the
matters.recreationalfishinghasthesamemeaningasintheCommonwealth
Fisheries Act.State law cooperative fisherymeans a Commonwealth–Statefishery managed in accordance with State
law.12When Act does not applyThis
Act does not apply to—(a)theunintentionaltakingofregulatedfishormarineplantsifthefishorplantsarenotintentionallyorrecklessly injured or damaged and are
immediately putback; or(b)the
unintentional possession of regulated fish or marineplantsbyapersonifthefishorplantsarenotintentionally or recklessly injured or
damaged and thepersoncannot,becauseofcircumstancesbeyondtheperson’s control, put the fish or
plants back immediatelythey come into the person’s
possession; orPage 20Current as at
[Not applicable]
Fisheries Act 1994Part 1
Preliminary[s 13](c)theuseofahandnettoliftfromwaterfishtakenbyother fishing apparatus; or(d)the use of a gaff to secure fish taken
by other fishingapparatus.Notauthorised—indicativeonly13Exemptions from Act(1)AregulationmayexemptapersonfromthisActoraprovision of
this Act.Examples—1A
regulation may exempt a person who keeps live fish, for sale,
ina pet shop or restaurant from all provisions
of the Act.2A regulation may exempt a person from
all provisions of the Actfor the use or possession of specified
fishing apparatus.(2)Theexemptionmaybegivenonconditionsstatedintheregulation.(3)Apersonmustnotcontraveneaconditionofanexemptionthat applies to
the person.Maximum penalty for subsection (3)—200
penalty units.14Defence for Aborigines and Torres
Strait Islanders forparticular offences(1)It
is a defence in a proceeding against a person for an offenceagainstthisActrelatingtothetaking,usingorkeepingoffisheries resources, or the using of fish
habitats, for the personto prove—(a)thepersonisanAborigine,whoatthetimeoftheoffencewasactingunderAboriginaltradition,ortheperson is a Torres Strait Islander,
who at the time of theoffence was acting under Island
custom; and(b)the taking, using or keeping of the
fisheries resources, ortheusingofthefishhabitats,wasforthepurposeofsatisfyingapersonal,domesticornon-commercialcommunalneedoftheAborigineorTorresStraitIslander; andCurrent as at
[Not applicable]Page 21
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 14](c)depending on whichever of the following
applies—(i)foranoffencerelatingtothetakingorusingoffisheries resources, or the using of fish
habitats—thetakingorusingofthefisheriesresources,orusingofthefishhabitats,wascarriedoutusingprescribedfishingapparatusinwatersotherthanprescribed
waters;(ii)for an offence
relating to the keeping of fisheriesresources—(A)the
fisheries resources kept were taken usingprescribed
fishing apparatus in waters otherthan prescribed
waters; and(B)atthetimeoftheoffence,thefisheriesresources were
not in prescribed waters.(2)However,subsection (1)issubjecttoaprovisionofaregulationthatexpresslyappliestoactsdoneunderAboriginal
tradition or Island custom.(3)In
this section—prescribed fishing apparatusmeans—(a)fishing apparatus that is recreational
fishing apparatusunder a regulation or declaration; or(b)fishing apparatus that is used under
Aboriginal traditionorIslandcustom,andprescribedspecificallyunderaregulation for the purpose of this
section.prescribed watersmeans
waters—(a)thatareregulatedwatersunderaregulatedwatersdeclaration; and(b)that
are prescribed specifically under a regulation for thepurpose of this section; and(c)where the taking of any fish, or the
possession of anyfish taken, by any person is
prohibited.Page 22Current as at
[Not applicable]
Part
2Fisheries Act 1994Part 2 Functions
of Minister[s 15]Functions of
MinisterNotauthorised—indicativeonlyDivision 1Harvest
strategiesSubdivision 1Preliminary15Definitions for divisionIn this
division—approved harvest strategy policymeans the document called‘Queensland Harvest Strategy Policy’—(a)approved by the Minister; and(b)published on the department’s
website.public noticemeans a notice
published—(a)inanewspapercirculatinggenerallythroughoutQueensland;
and(b)on the department’s website.Subdivision 2Harvest
strategy16Approval of harvest strategy(1)The Minister may approve a harvest
strategy prepared by thechief executive if the Minister is
satisfied—(a)the harvest strategy is consistent
with the main purposeof this Act; and(b)this
subdivision has been complied with for the harveststrategy.(2)As
soon as practicable but no more than 3 months after thechief executive gives the Minister a harvest
strategy preparedunder this subdivision, the Minister
must—Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 17](a)approve the harvest strategy; or(b)approvetheharveststrategysubjecttostatedchangesbeing made to the strategy; or(c)decide not to approve the harvest
strategy.(3)IftheMinisterapprovestheharveststrategy(includingsubject to
stated changes being made), a copy of the approvedharveststrategymustbepublishedonthedepartment’swebsite.(4)TheMinistermustgivepublicnoticeoftheMinister’sdecisionundersubsection(2)within14daysafterthedecision is made.(5)The
public notice must state—(a)the reasons for
the Minister’s decision; and(b)if
the Minister approves the harvest strategy (includingsubjecttostatedchangesbeingmade)—thatacopyoftheapprovedharveststrategyisavailableonthedepartment’s website.17Preparation and notice of draft
harvest strategy(1)The chief executive may prepare a
harvest strategy complyingwith section 19 for a fishery.(2)Inpreparingthedraftharveststrategy,thechiefexecutivemust
comply with the approved harvest strategy policy.(3)The chief executive must give public
notice of the draft harveststrategy
stating—(a)the fishery to which the draft harvest
strategy applies;and(b)that a copy of
the draft harvest strategy is available forinspection,
without charge—(i)during normal business hours at each
office of thedepartment; and(ii)on
the department’s website; andPage 24Current as at [Not applicable]
Fisheries Act 1994Part 2 Functions
of Minister[s 18](c)thatwrittensubmissionsmaybemadetothechiefexecutive about
the draft harvest strategy within a statedreasonable
period of at least 28 days after the notice ispublished on the
department’s website.Notauthorised—indicativeonly18Preparation and submission of final
harvest strategy(1)Thissectionappliesifthechiefexecutivepreparesadraftharvest strategy
for a fishery under section 17.(2)Thechiefexecutivemustprepareafinalharveststrategycomplying with
section 19 for the fishery.(3)The
final harvest strategy must be prepared having regard toeach
submission made about the draft harvest strategy withinthe
period stated in the public notice.(4)The
chief executive must give the Minister—(a)the
final harvest strategy; and(b)a
written report about—(i)thesubmissionsmadeaboutthedraftharveststrategywithintheperiodstatedinthepublicnotice, including, whether any changes were
madeto the draft harvest strategy because of any
of thesubmissions; and(ii)otherconsultationundertakenbythechiefexecutiveinpreparingthedraftorfinalharveststrategy.19Content of harvest strategy(1)The draft and final harvest strategy
must state—(a)the fishery to which it applies;
and(b)theecological,economicandsocialobjectivesforthefishery; and(c)theallocationofaccesstofisheriesresourcesforthefishery—Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 20](i)to
each fishing sector; and(ii)toanotherpurposeorgroupofpersons(ifany);and(d)aframeworkforthemanagementofthefishery,including—(i)thetargetsandlimitsformaintainingfisheriesresourcesatlevelsthatachievetheecological,economic and
social objectives for the fishery; and(ii)thetriggersforwhen
actionmustbetakenunderthisActtoensuretheecological,economicandsocialobjectivesforthefisheryarebeingachieved;
and(iii)howtheperformanceofthefisheryagainstthematters mentioned in subparagraphs (i)
and (ii) isto be measured; and(iv)action that must be taken under this Act to
ensurethe ecological, economic and social
objectives forthe fishery are being achieved.(2)The draft and final harvest strategy
may also—(a)statewhentheperformanceofthefisherymustbeassessed under section 25; or(b)state when the harvest strategy must
be reviewed undersection 26, which must be at least once
every 5 years; or(c)provideforothermattersforachievingthemainpurpose of this
Act.Subdivision 3Amendment of
harvest strategy20Amendment of harvest strategy(1)TheMinistermayapproveanamendmentofanapprovedharvest strategy
prepared by the chief executive if the Ministeris
satisfied—Page 26Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 21](a)theharveststrategy,asamended,wouldbeconsistentwith the main
purpose of this Act; and(b)thissubdivisionhasbeencompliedwithfortheamendment.(2)As
soon as practicable but no more than 3 months after thechiefexecutivegivestheMinisteranamendmentofanapproved harvest strategy prepared
under this subdivision, theMinister
must—(a)approve the amendment; or(b)approve the amendment subject to
stated changes beingmade to the amendment; or(c)decide not to approve the
amendment.(3)If the Minister approves the amendment
(including subject tostatedchangesbeingmade),acopyoftheapprovedamendment,andacopyoftheapprovedharveststrategyincludingtheamendment,mustbepublishedonthedepartment’s website.(4)TheMinistermustgivepublicnoticeoftheMinister’sdecisionundersubsection(2)within14daysafterthedecision is made.(5)The
public notice must state—(a)the reasons for
the Minister’s decision; and(b)iftheMinisterapprovestheamendment(includingsubjecttostatedchangesbeingmade)—thatacopyoftheapprovedamendment,andacopyoftheapprovedharvest strategy
including the approved amendment, isavailable on the
department’s website.21Preparation and
notice of draft amendment(1)Thechiefexecutivemayprepareanamendmentofanapproved harvest strategy.(2)Inpreparingthedraftamendment,thechiefexecutivemustcomply with the
approved harvest strategy policy.Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 22](3)Thechiefexecutivemustgivepublicnoticeofthedraftamendment stating—(a)the
approved harvest strategy to which the amendmentapplies; and(b)thatacopyofthedraftamendmentisavailableforinspection, without charge—(i)during normal business hours at each
office of thedepartment; and(ii)on
the department’s website; and(c)thatwrittensubmissionsmaybemadetothechiefexecutiveaboutthedraftamendmentwithinastatedreasonable
period of at least 28 days after the notice ispublished on the
department’s website.(4)Subsection (3)
does not apply to a minor amendment to—(a)correct an error in the approved harvest
strategy; or(b)make a change other than a change of
substance.22Preparation and submission of final
amendment(1)Thissectionappliesifthechiefexecutivepreparesanamendment of an approved harvest strategy
under section 21.(2)Thechiefexecutivemayprepareafinalamendmentoftheharvest
strategy.(3)The final amendment must be prepared
having regard to eachsubmission made about the draft
amendment within the periodstated in the
public notice.(4)The chief executive must give the
Minister—(a)the final amendment; and(b)a written report about—(i)the submissions made about the draft
amendmentwithintheperiodstatedinthepublicnotice,including,
whether any changes were made to thePage 28Current as at [Not applicable]
Fisheries Act 1994Part 2 Functions
of Minister[s 23]draftamendmentbecauseofanyofthesubmissions; and(ii)otherconsultationundertakenbythechiefexecutiveinpreparingthedraftorfinalamendment.Notauthorised—indicativeonlySubdivision 4Implementation
of harvest strategy23Action under Act must be consistent
with harveststrategy(1)ThechiefexecutiveoranotherpersoninvolvedintheadministrationofthisActmustnotmakeadecisionordoanotherthingunderthisActthatisinconsistentwithanapproved harvest strategy.(2)Subsection(1)doesnotapplytoapersonactingunderadirection given under section 24.24Ministerial direction about action
inconsistent withharvest strategy(1)The
Minister may direct the chief executive or another personinvolved in the administration of this Act
to make a decisionor do another thing under this Act that is
inconsistent with anapproved harvest strategy if—(a)the chief executive or other person is
authorised to makethe decision or do the thing under this Act;
and(b)the Minister is satisfied making the
decision or doing thething is consistent with the main
purpose of this Act.(2)Thechiefexecutiveorotherpersonmustcomplywiththedirection.(3)The
direction remains in force for 3 months after it is given.(4)The Minister must give public notice
of the direction within 14days after the direction is
given.(5)The public notice must state—Current as at [Not applicable]Page
29
Fisheries Act 1994Part 2 Functions
of Minister[s 25](a)the
direction and to whom it has been given; and(b)the
reasons for the direction; and(c)the
period for which the direction remains in force.Notauthorised—indicativeonlySubdivision 5Reviews relating
to harvest strategy25Assessment of performance of
fishery(1)The chief executive must assess the
performance of a fisheryagainst the approved harvest strategy
for the fishery.(2)The assessment must be
conducted—(a)if the harvest strategy states when
the assessment mustbe conducted—at the stated time; or(b)otherwise—annually.(3)ThechiefexecutivemustgivetheMinisterawrittenreportabouttheassessmentwithin21daysaftercompletingtheassessment.(4)The
report must state the action the chief executive considersshouldbetakentoaddressanyconcernsabouttheperformance of the fishery against the
harvest strategy.(5)Unless the Minister directs otherwise
within 21 days after theMinister is given the report, the
chief executive must take theactionmentionedinsubsection(4)assoonaspracticableafter the 21
days have passed.26Review of harvest strategy(1)Thechiefexecutivemustrevieweachapprovedharveststrategy to assess whether it is achieving
the main purpose ofthis Act in an appropriate and effective
way.(2)The review must be conducted—(a)iftheharveststrategystateswhenthereviewmustbeconducted—at the stated time;
orPage 30Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 27](b)otherwise—within 5 years after the harvest
strategy wasapproved by the Minister or, if applicable,
the last timethe harvest strategy was reviewed.(3)ThechiefexecutivemustgivetheMinisterawrittenreportabout the review within 21 days after
completing the review.(4)The report must
state the action the chief executive considersshouldbetakentoaddressanyconcernsabouttheharveststrategy,
including, for example—(a)whether the
harvest strategy should be amended and, ifso, how;
and(b)whethertheMinistershouldissueadirectionundersection24ormakeareallocationdecisionunderdivision
2.Division 2Resource
reallocation27Reallocation decision(1)TheMinistermaydecidetoreallocateaccesstofisheriesresourcesforafisheryiftheMinisterissatisfiedthereallocation is necessary to maximise the
potential economic,social and cultural benefits to the
community.(2)TheMinistermaymakeadecisionundersubsection(1)(areallocation decision) on
application by a person (including,forexample,thechiefexecutiveofadepartment)orontheMinister’s own
initiative.(3)For making a reallocation decision,
the Minister must obtain,and have regard to, advice about the
reallocation from—(a)the chief executive; and(b)the applicant for the reallocation, if
any; and(c)representatives of the affected
fishing sectors; and(d)any advisory
committee or other body established by theMinister under
section 29 to help the Minister make thedecision;
andCurrent as at [Not applicable]Page
31
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 28](e)other entities the Minister considers
appropriate.(4)IftheMinistermakesareallocationdecision,thechiefexecutivemustgivepublicnoticeofthedecisionwithin14days
after the decision is made.(5)The
public notice must state—(a)the reallocation
decision; and(b)the reasons for the reallocation
decision; and(c)if known, the action proposed to be
taken under this Actto implement the reallocation
decision.(6)In this section—reallocation,inrelationtoaccesstofisheriesresources,meansareallocationoftheentitlementtotakethefisheriesresources—(a)from
a fishing sector to another fishing sector; or(b)fromafishingsectortoanotherpurposeorgroupofpersons; or(c)from
a purpose or group of persons to a fishing sector oranother purpose or group of persons.28Chief executive to implement
reallocation decision(1)The chief
executive must take all necessary steps to give effectto a
reallocation decision, including, for example—(a)preparinganamendmentofanapprovedharveststrategy and giving it to the Minister for
approval underdivision 1; or(b)makingoramendingadeclarationunderpart5,division 1.(2)In
acting under subsection (1), the chief executive may advisetheMinisterof,andseektheMinister’sapprovalfor,alternative ways
to give effect to the Minister’s decision.Page 32Current as at [Not applicable]
Division 3Fisheries Act
1994Part 3 Shark control program[s
29]Ministerial advisory bodiesNotauthorised—indicativeonly29Minister may establish advisory
bodiesTheMinistermayestablishanadvisorycommitteeorotherbody to help the
Minister in the administration of this Act.Part 3Shark control program30Management of shark control program(1)The chief executive must establish and
manage a shark controlprogram for the coastal waters of the
State the chief executiveconsiders necessary or
desirable.(2)The shark control program may be
established and manageddespite the main purpose of this Act
under section 3(1).(3)To remove any doubt, it is declared
that it is not a function ofthe chief
executive to establish or manage the shark controlprogram other than to the extent mentioned
in subsection (1).31Exclusion zone(1)Apersonmustnot,withoutareasonableexcuse,beintheexclusion zone for shark control
apparatus.Maximum penalty—200 penalty units.Note—Thelocationsofsharkcontrolapparatusareavailableonthedepartment’s website.(2)Subsection (1) does not apply to a
person who is authorised,in writing, by the chief executive or
an inspector to be in theexclusion zone for shark control
apparatus for—(a)installing, repairing or maintaining
the apparatus; or(b)freeinganimals,personsorthingscaughtintheapparatus.Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyFisheries Act 1994Part 4 Accepted
development requirements[s 32](3)Also, subsection (1) does not apply to a
person on a boat thattransitsthroughtheexclusionzoneforsharkcontrolapparatus—(a)inastraightlineorinthemostappropriateordirectroute,takingintoaccountthecircumstancesofthewaters; and(b)without stopping.(4)In
this section—exclusion zone, for shark
control apparatus, means the areawithin 20m of
the shark control apparatus.shark control
apparatusmeans any thing placed in or nearwaterbythechiefexecutiveaspartofthesharkcontrolprogram, including, for example—(a)a net or line; and(b)a
buoy, float, hook, sinker or other thing connected to orotherwise associated with a net or
line.Part 4Accepted
developmentrequirements32Accepted development requirements for
Planning ActA regulation may, for the Planning Act,
state the requirements(theaccepteddevelopmentrequirements)thatfisheriesdevelopment must comply with to be
categorised as accepteddevelopment under that Act.Page
34Current as at [Not applicable]
Notauthorised—indicativeonlyPart
5Fisheries Act 1994Part 5 Fisheries
management[s 33]Fisheries
managementDivision 1Chief executive
declarationsSubdivision 1Fisheries
declarations33Power to make declarations(1)The chief executive may make the
declarations mentioned inthis subdivision (each afisheries declaration).(2)A fisheries declaration may be made to
protect things that arenot fish.Example—Adeclarationmayregulatetakingorpossessingfishinanareatoprotect dugong in the area.(3)Afisheriesdeclarationmadeunderthissubdivisionissubordinate legislation.34Regulated fish declarationAfisheriesdeclaration(aregulatedfishdeclaration)mayregulatethetaking,purchase,sale,possessionoruseofparticular
fish.Examplesofmattersthatmayberegulatedunderaregulatedfishdeclaration—1A
limit may be placed on the size or number of a species or type
offish that may be taken, purchased, sold,
used or possessed.2The taking, possessing or selling of
fish of a particular species ortype may be
prohibited.3The fish may be regulated by way of
fillet size or other form inwhich they may
be possessed after they are taken.Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 35]35Regulated waters declaration(1)A fisheries declaration (aregulated waters declaration)
mayregulate all or any of the following in
particular waters—(a)the taking or possessing of
fish;(b)engaging in stated activities;(c)usingorpossessingaboat,aquaculturefurniture,fishing
apparatus or anything else.(2)However, a regulated waters declaration does
not apply to anactivityauthorisedbyadevelopmentapprovalunlessthedeclaration expressly states that it applies
to the activity.36Other fisheries declarations(1)Afisheriesdeclaration(aregulatedfishingapparatusdeclaration)mayregulatethepurchase,sale,possessionoruse
of particular fishing apparatus.(2)Afisheriesdeclaration(aregulatedfishingmethoddeclaration) may regulate
how fish may be taken.Subdivision 2Quota
declarations37Quota declaration(1)Thechiefexecutivemaymakeadeclaration(aquotadeclaration) about the
total quota entitlement for a fishery orpart of a
fishery.(2)A regulation may provide for the
proportion of the total quotaentitlement
allocated for each quota authority for the fisheryor
part of the fishery.(3)Thetotalquotaentitlement,andthequotaentitlementforaquotaauthority,maybebyreferenceto1ormoreofthefollowing—(a)an
amount of fish;(b)an amount of effort;Page
36Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 38](c)another matter prescribed by
regulation.(4)Aquotadeclarationmadeunderthissubdivisionissubordinate legislation.Notauthorised—indicativeonlySubdivision 3Other
declarations38Urgent declarationThechiefexecutivemaymakeafisheriesdeclarationoraquotadeclaration(ineithercaseanurgentdeclaration)underthissubdivisionifthechiefexecutiveissatisfiedthaturgent action is needed—(a)to
deal with a significant threat to fisheries resources ora
fish habitat; or(b)to deal with a significant threat
caused by fishing to athing that is not fish; or(c)for another emergency.39Authorising declaration(1)This section applies if—(a)any of the following happens—(i)a natural disaster, accident or other
event;(ii)thechiefexecutivemakesanurgentdeclaration;and(b)the chief executive is
satisfied—(i)becauseoftheeventordeclaration,holdersofparticularauthoritiesarepreventedfromdoingthingsauthorisedundertheauthoritiesforatemporary period to an extent that
their entitlementundertheauthoritiesissignificantlydecreased;and(ii)urgent action is
needed to authorise the doing of astated thing for
the temporary period to maintainCurrent as at
[Not applicable]Page 37
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 40]continuous
access to fisheries resources or to offsetthe decrease in
entitlement; and(iii)authorisingthedoingofthestatedthingforthetemporary
period—(A)doesnotcreateanunacceptablerisktofisheries resources or fish habitat;
and(B)isconsistentwiththeprinciplesofecologically sustainable development.(2)The chief executive may make a
declaration (anauthorisingdeclaration)thatauthorisesholdersoftheparticularauthorities to
do the stated thing for the temporary period.Examples of what
an authorising declaration may authorise—1taking of stated fish in a stated area as if
the particular authoritiesauthorised the taking of the fish in
the area2usingstatedfishingapparatusinastatedfisheryundertheparticularauthoritiesdespitearegulatedfishingapparatusdeclaration40Making urgent declaration or authorising
declaration(1)Thechiefexecutivemakesanurgentdeclarationorauthorising declaration by publishing it on
the department’swebsite.(2)The
urgent declaration or authorising declaration must—(a)statewhetheritisanurgentdeclarationoranauthorising declaration; and(b)outline the reason for making the
declaration; and(c)be signed by the chief
executive.(3)The chief executive must take all
reasonable steps to ensurepersonswhomaybeaffectedbytheurgentdeclarationorauthorising declaration are made aware of
the declaration.Examples of steps the chief executive may
take—1publishing notice of the declaration
(or a copy of the declaration)in relevant
newspapers or on social mediaPage 38Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 41]2electronically communicating notice of the
declaration (or a copyof the declaration) to holders of
relevant authorities, including, forexample, by
email or SMS(4)TheStatutoryInstrumentsAct1992,sections
49,50and51apply to an urgent declaration or
authorising declaration as ifit were
subordinate legislation.41Duration of
urgent declaration or authorising declaration(1)Thechiefexecutivemustrepealanurgentdeclarationorauthorising declaration as soon as
practicable after the chiefexecutive is
satisfied the reason for making it no longer exists.(2)Unlessitisearlierrepealed,theurgentdeclarationorauthorising declaration expires 3 months
after it is made.(3)However, if the urgent declaration or
authorising declarationisinconsistentwitharegulationoradeclarationundersubdivision1or2,theurgentdeclarationorauthorisingdeclaration
expires 21 days after it is made unless it is earlierrepealed.Subdivision
4Relationships between regulationsand
declarations42Relationships between regulations and
declarations(1)Ifthereisaninconsistencybetweenaregulationandadeclaration under subdivision 1 or 2,
the regulation prevailsto the extent of the
inconsistency.(2)Ifthereisaninconsistencybetweenadeclarationundersubdivision3andaregulationoradeclarationundersubdivision1or2,thedeclarationundersubdivision3prevails to the extent of the
inconsistency.(3)If there is an inconsistency between
an urgent declaration andan authorising declaration, the urgent
declaration prevails tothe extent of the
inconsistency.Current as at [Not applicable]Page
39
Fisheries Act 1994Part 5 Fisheries
management[s 43](4)Ifthereisaninconsistencybetween2ormoreurgentdeclarations,themorerecentlymadeurgentdeclarationprevails to the
extent of the inconsistency.(5)Ifthereisaninconsistencybetween2ormoreauthorisingdeclarations,
the more recently made authorising declarationprevails to the
extent of the inconsistency.Notauthorised—indicativeonlyDivision 2Compensation for
particularregulatory amendmentSubdivision
1Right to compensation in particularcircumstances43Right to compensation(1)This
section applies to a person if—(a)thepersonis,otherthanbecauseofatemporarytransfer,theholderofanauthority(theeligibleauthority)
that—(i)isalicence,oraquotaauthorityoranotherauthority to
which a quota entitlement applies; and(ii)authorises the taking of fish for trade or
commerceinafisherydescribedunderaregulationasacommercial fishery; and(b)aregulation,orafisheriesdeclarationorquotadeclarationotherthananurgentdeclaration,isamended (therelevant
amendment); and(c)becauseoftherelevantamendment,anentitlementtotakefisheriesresourcesthatthepersonhadundertheeligibleauthorityimmediatelybeforetherelevantamendment
commences is lost or reduced.(2)Subjecttosections 44and48D,thepersonisentitledtobepaidcompensationbytheStateforthevalueofthelossorreduction.Page 40Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 44](3)However,thecompensationisonlypayableif,undersubdivision2,aclaimforthecompensationhasbeenmadeand
the chief executive has decided to grant the claim.(4)Thissectiondoesnotpreventaregulation,fisheriesdeclarationorquotadeclarationprovidingforpaymentofcompensationforthemaking,amendmentorrepealofanurgent declaration.(5)In this section—amend,inrelationtoaregulation,fisheriesdeclarationorquota declaration, includes—(a)make; and(b)repeal.44Limits to compensation payable(1)The entitlement under section 43
arises only if the cause, orone of the
causes, of the loss or reduction was—(a)areallocation,undertherelevantamendment,oftheentitlement to take fisheries
resources to persons who donot hold an
authority to which section 43 applies; or(b)arestrictionorprohibition,undertherelevantamendment, of
the exercise of the entitlement in an area,ifthepurposeoftherestrictionorprohibitionwastoprotect a thing that is not
fish.(2)Compensation is not payable for the
loss or reduction if—(a)compensationundersection 43hasalreadybeenpaidfor the loss or
reduction to a previous or another holderof the eligible
authority; or(b)compensation is payable for a similar
loss or reductionof an entitlement under another Act or law
of the State,another State or the Commonwealth.Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 45]45No
general right to compensation(1)Toremoveanydoubt,itisdeclaredthat,otherthanasprovidedforundersection
43,noonehasanentitlementunderorinrelationtothisActtoclaimortobepaidanamount from the State for or in
connection with—(a)themaking,amendmentorrepealofaregulationordeclaration; or(b)somethingpreviouslypermittedunderaregulationordeclarationbecomingprohibitedorregulatedbecauseof
an amendment to the regulation or declaration.(2)Subsection (1)applieswhethertheamountisclaimedascompensation, reimbursement or
otherwise.Subdivision 2Claiming and
payment ofcompensation46Application of subdivisionThis
subdivision applies for a claim for compensation undersection 43.47Requirements for making claim(1)The claim must—(a)be
made in writing to the chief executive; and(b)be
signed by all holders of the eligible authority; and(c)state each of the following—(i)theentitlementtotakefisheriesresourcesthesubject of the claim;(ii)the
ground under section 44(1) on which the claimis made;(iii)the amount of
the compensation claimed;(iv)how the claimant
has worked out the amount.Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 48](2)Theclaimmustbemadewithin6monthsafterthedaytherelevant amendment commences.48Chief executive may require claimant
to give furtherinformation(1)Thechiefexecutivemay,bywrittennoticetotheclaimant,require the claimant to give the chief
executive within a statedreasonable period—(a)additional information about, or a document
relating to,the claim; or(b)a
statutory declaration verifying information included intheclaimoradditionalinformationrequiredunderparagraph
(a).(2)Thenoticemaybegivenatanytimebeforetheclaimisdecided.(3)If
the claimant does not comply with the requirement withinthe
following period, the claimant is taken to have withdrawnthe
claim—(a)generally—the period stated in the
notice;(b)if,withintheperiodstatedinthenotice,thechiefexecutive agrees
in writing to a longer period to complywith the
requirement—the longer period.48ADeciding claim(1)Subjecttosections 48Band48C,thechiefexecutivemust,withinareasonableperiodafterthemakingoftheclaim,decide—(a)to grant or refuse the claim;
and(b)ifthechiefexecutivedecidestogranttheclaim—theamount of the
compensation payable.(2)If the chief
executive decides to refuse the claim or decides anamount of compensation that is less than the
amount claimedCurrent as at [Not applicable]Page
43
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 48B]or agreed to by
the claimant, the chief executive must give theclaimant an
information notice for the decision.(3)In
deciding what is a reasonable period for subsection (1), thechief executive must have regard to—(a)whetherthechiefexecutivemayneedtogiveanoticeundersection48orobtainotherinformationorevidence under section 48B; and(b)theperiodthatmaybeneededtoconsidertheinformation or document the subject of the
notice or theinformation or evidence that may need to be
obtained.48BChief executive may obtain information
or evidence fromother persons(1)Beforemakingthedecisionundersection48A,thechiefexecutive may
obtain from a person other than the claimantthefurtherinformationorevidencethechiefexecutiveconsiders necessary to make the
decision.(2)If the chief executive obtains further
information or evidenceunder subsection (1) and the chief
executive proposes to acton the information or evidence
adversely to the claimant—(a)thechiefexecutivemustgivetheclaimantawrittennotice
stating—(i)the further information or evidence;
and(ii)thattheclaimantmayrespondinwritingtothefurtherinformationorevidencewithinastatedreasonableperiodafterthegivingofthenotice;and(b)the chief executive must not make the
decision unless theclaimant has given the response or the
following periodhas ended—(i)generally—the period stated in the
notice;(ii)if, within the
period stated in the notice, the chiefexecutive agrees
in writing to a longer period forthe giving of
the response—the longer period.Page 44Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 48C]Notauthorised—indicativeonly48CAmount of compensation that may be
decided(1)The amount of compensation decided may
only be for—(a)either—(i)if
the eligible authority continued in force after therelevantcommencement—thedifferencebetweenitsmarketvalueimmediatelybeforetherelevantcommencementanditsmarketvalueimmediatelyafter the
relevant commencement; or(ii)if,undertherelevantamendment,theeligibleauthorityended—itsmarketvalueimmediatelybefore the
relevant commencement; and(b)theloss,fornomorethan3yearsfromtherelevantcommencement, of
probable taxable income from fishinglostorreducedbecauseofthelostorreducedentitlement to
take fisheries resources the subject of theclaim.(2)Inworkingoutthemarketvalueimmediatelybeforetherelevantcommencement,anyreductioninthevalueoftheeligible authority caused by the
making, or the prospect of themaking, of the
relevant amendment must be disregarded.(3)In
working out the lost or reduced fishing income, regard maybehadonlytoincomefromfishingundertheeligibleauthority as
stated in taxation returns lodged by the claimantand
relevant notices of assessment accompanying the claim orgiven to the chief executive by or for the
claimant.(4)Subsection (5) applies if the chief
executive considers—(a)a ground on
which the claim is made was not the solecause of the
loss or reduction claimed; and(b)the
other cause or causes of the loss or reduction werenotcausesforwhichcompensationmaybeclaimedunder
subdivision 1.(5)The chief executive may reduce the
amount worked out undersubsection (1) to reflect the other
cause or causes.(6)In this section—Current as at
[Not applicable]Page 45
Fisheries Act 1994Part 5 Fisheries
management[s 48D]relevantcommencementmeanswhentherelevantamendment
commenced.taxable incomemeans taxable
income under the Income TaxAssessment Act
1997 (Cwlth).Notauthorised—indicativeonly48DRestriction on
payment if someone other than theclaimant has a
registered interest in the eligible authority(1)This
section applies if—(a)theclaimandanamountofcompensationhasbeendecided under
this subdivision; and(b)apersonotherthantheclaimanthasaregisteredinterest in the
eligible authority.(2)Thechiefexecutivemustnotpaytheclaimanttheamountunlesstheotherpersonhasagreedinwritingtothechiefexecutive making
the payment.Division 3Authorities
issued under ActSubdivision 1General49Authorities that may be issued(1)The chief executive may issue the
following authorities underthis Act—(a)a licence;(b)a
permit;(c)a quota authority;(d)a
resource allocation authority;(e)another authority prescribed by
regulation.(2)Aregulationmayprovidethatanauthorityofaparticularkind may or may
not be issued for a stated activity or thing.Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 52]52Things authorised by authorities(1)An authority authorises the holder of
the authority to do thethings permitted under a regulation or
declaration or stated inthe authority.(2)A
regulation or declaration, or the authority itself, may alsoauthoriseotherpersonstodoalloranyofthethingsauthorised by
it.Example of someone else authorised by an
authority—a person who is a member of the crew of a
boat owned by the holder(3)However, an
authority does not authorise the holder or anyoneelse
(other than an inspector) to enter, or remain on, someoneelse’s land.(4)Also, a resource allocation authority does
not confer on theholder—(a)any
right of ownership or tenure over the land, waters orresources mentioned in the authority;
or(b)the right to carry out the development
mentioned in theauthority,unlessthedevelopmentisalsoauthorisedunder the
Planning Act.Note—See also section
76T and the Planning Act, section 163.53Form,
content and term of authoritiesAn
authority—(a)must be in the approved form;
and(b)mustcontaintheparticularsdecidedbythechiefexecutive; and(c)is
issued—(i)for the term stated in it; or(ii)ifnotermisstatedintheauthority—untilitiscancelledorsurrenderedoritotherwiseexpiresunder this Act.Current as at
[Not applicable]Page 47
Fisheries Act 1994Part 5 Fisheries
management[s 54]Subdivision
2Issue and renewalNotauthorised—indicativeonly54Application for
authority(1)An application for the issue of an
authority must—(a)be made to the chief executive in the
approved form; and(b)be accompanied by the fees prescribed
by regulation.(2)If asked by the chief executive, the
applicant must give thefurther relevant information or
evidence the chief executiverequires to
decide the application.55Consideration of
application for issue of authority(1)The
chief executive must consider an application for the issueof
an authority and may issue the authority or refuse to issueit.(2)Inconsideringtheapplication,thechiefexecutivemustcomply with any
relevant regulation or declaration.56Application for renewal of authority (other
than permit)(1)The holder of an authority (other than
a permit) may apply forits renewal to the chief
executive.(2)Also,apersonmayapplytorenewanexpiredformerauthority if—(a)the
person held the former authority immediately beforeits
expiry; and(b)the application is—(i)foranauthorityofthesametype,andonsubstantiallythesameterms,astheformerauthority; and(ii)made
within 3 months after the expiry.(3)However,thechiefexecutivemay,atanytime,extendtheperiod for applying to renew an
expired former authority.Page 48Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 57](4)An
application under this section must—(a)be
made in the approved form; and(b)be
accompanied by the fees prescribed by regulation.(5)If asked by the chief executive, the
applicant must give thefurther relevant information or
evidence the chief executiverequires to
decide the application.57Permit not
renewable(1)A permit can not be renewed.(2)However,theholdermayapplyfortheissueofanotherpermit.(3)Compensation is not payable if the
chief executive refuses toissue another permit.(4)However,subsection
(3)doesnotpreventaregulationproviding for
payment of compensation.58Consideration of
application for renewal of authority(other than
permit)(1)The chief executive must consider an
application for renewalofanauthority(otherthanapermit)andmayrenewtheauthority or refuse to renew it.(2)Inconsideringtheapplication,thechiefexecutivemustcomply with any
relevant regulation or declaration.(3)Iftheapplicationisanapplicationundersection 56(2)torenewanexpiredformerauthorityandthechiefexecutivedecides to renew it—(a)thechiefexecutivemustfixthetermoftherenewedauthorityfromthedayaftertheformerauthorityexpired; but(b)the
renewed authority takes effect only from the day therenewed authority is issued.Current as at [Not applicable]Page
49
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 59]59Refusal to issue or renew(1)The chief executive may refuse to
issue or renew an authorityif the chief
executive is satisfied the refusal is necessary ordesirableforthebestmanagement,use,developmentorprotection of fisheries resources or fish
habitats.Examples of the bases on which the chief
executive may be satisfied—1The
authority was issued in error or because of a document orrepresentation—(a)that
is false, misleading or omits a material particular; or(b)obtained or made in another improper
way.2The applicant has been convicted of a
fisheries offence.3The applicant has had any of the
following (afisheries authority)cancelled or suspended—•a
licence, permit, concession or other authority issued underfisheries legislation•a
fisheries development approval.4Theapplicanthasnotcompliedwithaconditionofafishingauthority.5The
applicant has not kept or given returns as required by the
chiefexecutive under this Act.6The applicant has given a false or
misleading return to the chiefexecutive under
this Act.7The applicant has been convicted of an
indictable offence.8Theapplicanthasnotsatisfiedthetrainingorcompetencyrequirements or
other criteria for the authority as decided by thechief executive or prescribed by
regulation.9The applicant has not paid fees
payable under this Act.10Another matter
specified in a relevant regulation.(2)Compensation is not payable if the chief
executive refuses toissue or renew an authority.(3)However,subsection
(2)doesnotpreventaregulationproviding for
payment of compensation.Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 60]60Notice of refusal of application for issue
or renewal etc.If the chief executive refuses to issue or
renew an authoritysought by an applicant, the chief executive
must promptly—(a)give the applicant an information
notice for the refusal;and(b)refund the fees paid by the applicant, other
than fees forassessing the application.Subdivision 2AAdditional
requirements fordeciding applications for resourceallocation authorities60AMatters chief executive must considerIn
deciding an application for a resource allocation authority,thechiefexecutivemusthaveregardtotheimpactofthedevelopmentmentionedintheauthorityoneachofthefollowing—(a)coastal management under theCoastalProtectionandManagement Act 1995;(b)the protection of Queensland waters as
required undertheEnvironmental Protection Act
1994;Note—See theEnvironmental Protection (Water) Policy
2009for theway the
environmental values of Queensland waters are to beprotected.(c)themanagementofmarineparksundertheMarineParks Act
2004.Current as at [Not applicable]Page
51
Fisheries Act 1994Part 5 Fisheries
management[s 61]Subdivision
3ConditionsNotauthorised—indicativeonly61Conditions
imposed on issue or renewal—general(1)When
the chief executive issues or renews an authority, thechiefexecutivemayimposereasonableandrelevantconditions,
including, for example—(a)for an
authority, other than a permit, for a fishery or apartofafisheryforwhichnoquotadeclarationisinforce—aconditionfixingaquotaentitlementfortheauthority; and(b)a
condition requiring payment of a bond to ensure theholder will comply with the conditions of
the authority;and(c)a condition
conferring powers on inspectors.(2)The
conditions must be stated in the authority.(3)Infixingaquotaentitlementforanauthority,thechiefexecutivemustcomplywithanyrelevantregulationordeclaration.(4)If
the chief executive imposes a condition on an authority, thechiefexecutivemustgivetheholderoftheauthorityaninformation notice for the decision to
impose the condition.(5)Ifapowerconferredoninspectorsbyaconditionofanauthority is exercised by an
inspector, the power is taken to beexercised with
the consent of the authority’s holder.(6)Apowerconferredoninspectorsbyaconditionofanauthorityisnotlimitedbythepowersgiventoaninspectorunder a provision of this Act.(7)If an inspector may exercise a power
under this Act and underaconditionofanauthority,theinspectormayexercisethepower under either or both.(8)To remove any doubt, a condition may
be imposed by the chiefexecutiveeventhoughtheeffectistostoptheholderorsomeoneelsetakingfisheriesresources,orusingaboatorPage
52Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 62]fishingapparatusthatcould,apartfromthecondition,belawfully taken or used under the
authority.(9)Compensation is not payable if
conditions are imposed on anauthority,oranythingpreviouslypermittedisprohibitedorregulated under the authority.(10)However,subsection(9)doesnotpreventaregulationproviding for
payment of compensation.62Conditions
imposed by regulation(1)Anauthorityisalsosubjecttotheconditionsprescribedbyregulation.(2)To
remove any doubt, any condition that may be imposed onanauthoritybythechiefexecutivemaybeprescribedbyregulation.Subdivision
4Amendment63Amendment of authority(1)Ifthechiefexecutiveconsidersanauthority(includingtheconditions stated in it) should be amended,
the chief executivemustgivetheholderoftheauthorityawrittennotice(theshow cause
notice) that—(a)states the proposed amendment; and(b)states the reasons for the proposed
amendment; and(c)outlines the facts and circumstances
forming the basis ofthe reasons; and(d)invites the holder to show, within a stated
time of at least28 days, why the authority should not be
amended.(2)Thechiefexecutivemayamendtheauthorityif,afterconsideringallrepresentationsmadewithinthestatedtime,thechiefexecutivestillconsiderstheauthorityshouldbeamended—Current as at
[Not applicable]Page 53
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 64](a)in
the way mentioned in the show cause notice; or(b)in
another way, having regard to the representations.(3)If the chief executive decides to
amend the authority, the chiefexecutive must
give the holder of the authority an informationnotice for the
decision.(4)Subsections (1) to (3) do not apply if
the authority is amendedonly—(a)byomittingaconditioniftheomissiondoesnotadversely affect the holder’s
interests; or(b)for a formal or clerical reason;
or(c)inanotherwaythatdoesnotadverselyaffecttheholder’s interests; or(d)at the holder’s request.(5)Thechiefexecutivemaymakeanamendmentofatypementionedinsubsection (4)bywrittennoticegiventotheholder.(6)To
remove any doubt, any condition that may be imposed onan
authority when it is issued may be imposed on the authorityby
amendment.(7)Compensation is not payable if an
authority is amended, oranythingpreviouslypermittedundertheauthorityisprohibited or regulated.(8)However,subsection
(7)doesnotpreventaregulationproviding for
payment of compensation.64Notice to return
authority for alteration after amendment(1)The
chief executive may, by written notice, require the holderofanauthorityissuedbythechiefexecutivetoreturntheauthority to the chief executive within a
stated time, of at least28 days, to enable the chief executive
to alter the authority toreflect an amendment made to
it.(2)The holder must comply with the
notice, unless the holder hasa reasonable
excuse for not complying with it.Page 54Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65]Maximum
penalty—80 penalty units.(3)After altering
the authority, the chief executive must return itto
the holder.(4)The amendment of an authority by the
chief executive doesnot depend on it being altered under
this section.Subdivision 5Transfer65Transfer of authority (other than
permit)(1)Subjecttoregistrationunderthissubdivision,anauthorityotherthanapermitmaybetransferredunless,underaregulation, the authority is not
transferable either generally orin the
circumstances relating to the particular authority.(2)A transfer, or purported transfer, of
an authority is of no effectunless the
transfer is registered under section 65B.(3)Onregistrationofthetransfer,allrightsandliabilitiesattaching to the
authority vest in the transferee.65AApplication to register transfer of
authority(1)An application to register the
transfer of an authority must—(a)be
made to the chief executive in the approved form; and(b)be made by—(i)ifthetransferisatemporarytransferofaquotaauthority—the
transferor under the transfer; or(ii)otherwise—eachholdersoftheauthorityimmediately before the transfer.(2)Without limiting what the approved
form may require, it mustinclude—(a)a
sufficient description of the authority; and(b)a
written declaration by the applicant that—Current as at
[Not applicable]Page 55
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65B](i)the
information in or accompanying the applicationprovided by the
applicant is true; and(ii)the applicant
has complied with the requirementsunder this Act
that relate to the authority; and(iii)eachtransfereeunderthetransferhascompliedwith the
requirements under this Act that relate tothe
authority.(3)Unlessthetransferisatemporarytransferofaquotaauthority, the application must be
accompanied by—(a)thewrittenapprovalofeachperson,otherthantheholder,whohasaregisteredinterestintheauthority;and(b)ifafeepayableunderthisActfor,orrelatingto,theauthorityhasnotbeenpaid—thechiefexecutive’swritten approval
to the registration of the transfer.(4)Also,theapplicationmustbeaccompaniedbythefeeprescribed by
regulation, unless—(a)theapplicationismadebytheinternetsystemmentioned in section 65BA; or(b)the fee is waived under section
65E.65BRegistration of transfer of
authority(1)Anapplicationtoregisterthetransferofanauthorityisaproperlymadeapplicationiftheapplicationcomplieswithsection
65Aandthetransferorandthetransfereehavecomplied with any requirements under
subsection (2).(2)Thechiefexecutivemay,bywrittennotice,requirethetransferor or the transferee (theapplicant) to give the
chiefexecutive further documents or information
to enable the chiefexecutive to register the transfer.(3)The chief executive must register the
transfer of an authority ifthechiefexecutivereceivesaproperlymadeapplicationinrelation to the authority.Page
56Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65BA]65BAInternet system for transfer registration
applications(1)Thechiefexecutivemayestablishaninternetsystemunderwhich—(a)applications may be made to register
authority transfers;and(b)thefollowingaremadeordoneautomaticallyontheinternet—(i)thedecisionaboutwhetheranapplicationtoregister a transfer, or a transfer of a
particular type,is a properly made application for section
65A;(ii)registration of
the transfer.(2)However, the use of the system may
allow the decision to bemade only if the information that the
system requires to begiven in making the application shows
the application is, onits face, a properly made application
for section 65A.(3)For section 196, a decision made under
the system is taken tobe a decision of the chief executive
under section 65B.65CTemporary transfers(1)Atransferofanauthoritymaybeforastatedperiod(atemporary transfer).(2)The stated period—(a)may,subjecttoparagraphs(b)and(c),befixedbyreference to the happening of a stated
event; andExample for paragraph (a)—If
the authority is subject to a quota entitlement, the start or
endof the period may be fixed by reference to
the start or end of theperiod to which the quota entitlement
applies.(b)mustnotstartbeforethedaythechiefexecutiveregisters the transfer; and(c)must not be longer than the term of
the authority.(3)Ifanauthorityissubjecttoatemporarytransfer(thefirsttransfer), a further
temporary transfer of the authority may beCurrent as at
[Not applicable]Page 57
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65D]registered for a
stated period not longer than the period of thefirst
transfer.(4)If the chief executive registers a
temporary transfer, the chiefexecutive must,
as soon as practicable, give the applicants forregistration of
the temporary transfer written notice stating thetemporary transfer of the authority has been
registered.65DEffect of temporary transfer(1)This section applies for a temporary
transfer until—(a)generally—the end of the period for
which the transferis registered; or(b)if,duringtheperiod,thechiefexecutivereceivesasigned notice from each interested party
that the transferhas ended—the chief executive’s receipt of
the notice.(2)A reference in the following to the
holder of the transferredauthority, or to the holder of an
authority, is, if the contextpermits, taken
to include a reference to the transferee as if thetransferee were the holder of the
transferred authority—(a)aprovisionofthisAct,otherthansection 4,56,57,63(4)(d) and (5), 72 or 73;(b)a regulation or declaration;(c)the conditions of the transferred
authority.(3)The things authorised by the
transferred authority—(a)may be done by
the transferee as if the transferee werethepersonwhowastheholderoftheauthorityimmediatelybeforethetemporarytransferwasregistered (theoriginal
holder); and(b)can
not be done by the original holder.(4)Despite the temporary transfer, the original
holder continuesto be the holder of the transferred
authority.(5)If a further temporary transfer is
registered for the transferredauthority,
subsections (2) to (4) apply to the transferee underPage
58Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65E]thefirsttemporarytransferasifareferencetotheoriginalholder includes that transferee.(6)Eachofthefollowingisaninterestedpartyundersubsection
(1)—(a)the transferor under the temporary
transfer;(b)the transferee under the temporary
transfer;(c)unlessthetransferisatemporarytransferofaquotaauthority—anyone else who has a registered
interest inthe authority the subject of the temporary
transfer.65EWaiver of fee or requirement on
transfer or amendment(1)This section
applies if the chief executive is satisfied a transferor
an amendment of an authority is necessary—(a)to
give effect to—(i)a settlement between spouses or former
spouses; or(ii)bankruptcy;
or(iii)windinguporadministrationundertheCorporations Act; or(iv)section 70C(3);
or(b)to administer a deceased estate;
or(c)becauseoftheloss,atsea,oftheboatbeingusedinrelationtotheauthority,throughstorm,capsize,collision or fire.(2)Onanapplicationmadeundersubsection
(3),thechiefexecutive must,
according to the application—(a)waivetheprescribedfeeforanapplicationforamendment or registration of a transfer of
the authority;or(b)waivetherequirementunderaregulationoramanagement plan, on application to
amend or registerthe transfer of the authority, to do any of
the followingbefore the chief executive grants the
application—Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 66](i)surrender another authority;(ii)applytoamendanotherauthoritybyremovingafishery symbol;(iii)amend the authority in some other way that
is notbeneficial to the authority holder.(3)Anapplicationforthewaiverofaprescribedfeeorarequirement—(a)must
be made jointly by each holder of the authority andany
proposed transferee; and(b)mustbemadetothechiefexecutiveintheapprovedform; and(c)must
be accompanied by—(i)the application for amendment or
registration of atransfer; and(ii)sufficientdocumentaryevidencetosupporttheapplication for waiver.Examples of
documentary evidence—insurance report, will, death
certificate, court order(4)If asked by the
chief executive, the applicant must give thefurther relevant
information or evidence the chief executivereasonably
requires to decide the application.(5)In
this section—holder, of an
authority of a type prescribed under section 70C,includes the personal representative of a
deceased holder.66Permits not transferableA
permit can not be transferred.Page 60Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 6Fisheries Act
1994Part 5 Fisheries management[s
67]Suspension and cancellation67Suspension or cancellation of
authority by chiefexecutive(1)The
chief executive may suspend or cancel an authority if thechief executive is satisfied the suspension
or cancellation isnecessaryordesirableforthebestmanagement,use,developmentorprotectionoffisheriesresourcesorfishhabitats.Example—The examples
mentioned in section 59(1) are examples of the bases onwhich the chief executive may be
satisfied.(2)Inactingundersubsection
(1),thechiefexecutivemaydisregard any third party interests in
the authority.(3)This section does not affect the
suspension or cancellation ofan authority
under a regulation.68Procedure for cancellation or
suspension by chiefexecutive(1)Ifthechiefexecutiveconsidersgroundsexistundersection 67(1) to
suspend or cancel an authority (theproposedaction),thechiefexecutivemustgivetheholderoftheauthority a written notice
that—(a)states the proposed action; and(b)states the grounds for the proposed
action; and(c)outlines the facts and circumstances
forming the basisfor the grounds; and(d)if
the proposed action is suspension of the authority—states the proposed suspension period;
and(e)invites the holder to show, within a
stated time of at least28 days, why the proposed action
should not be taken.Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68A](2)If,afterconsideringallwrittenrepresentationsmadewithinthe stated time,
the chief executive still considers grounds totake the
proposed action exist, the chief executive may—(a)if
the proposed action was to suspend the authority for aspecified period—suspend the authority for
not longerthan the proposed suspension period;
or(b)iftheproposedactionwastocanceltheauthority—either cancel
the authority or suspend it for a period.(3)The
chief executive must inform the holder of the decision bywritten notice.(4)Ifthechiefexecutivedecidestosuspendorcanceltheauthority,thenoticemustbeaninformationnoticeforthedecision.(5)The decision takes effect on the later
of—(a)the day when the notice is given to
the holder; or(b)the day of effect stated in the
notice.(6)Compensation is not payable if the
chief executive suspendsor cancels an authority.(7)However,subsection
(6)doesnotpreventaregulationproviding for
payment of compensation.(8)This section
does not affect the suspension or cancellation ofan
authority under a regulation.68ASuspension or cancellation of authority for
dishonouredpayment(1)If a
person’s cheque for payment of the prescribed fee relatingto
an authority is dishonoured—(a)ifthefeeisforanapplicationfortheauthority—theauthority is
void from the day it was issued; or(b)if
the fee is for an application to renew the authority—the
authority is suspended from the renewal date until avalid payment is made; orPage
62Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68AB](c)if
the fee is for an application to transfer or amend theauthority—thetransferoramendmentdoesnottakeeffect until a
valid payment is made; or(d)if the fee is an
annual fee—the authority is suspendedfrom the day the
fee was due until a valid payment ismade; or(e)if the fee is any other prescribed
fee—the authority issuspendedfromthedaythefeewasdueuntilavalidpayment is
made.(2)IftheStateincursexpensebecauseaperson’schequeisdishonoured—(a)thepersonmustreimbursetheStatefortheexpenseincurred;
and(b)the amount of the expense may be
recovered as a debtpayable by the person to the State.(3)In this section—chequeincludes a method of payment other than by
cash.dishonouredincludes not
honoured on presentation.68ABSuspension or
cancellation for non-payment of fee otherthan because of
dishonoured cheque(1)This section applies if—(a)afeepayableunderthisActfororrelatingtoanauthority is not
paid; and(b)the authority is not suspended under
section 68A; and(c)thefeeisnotforanapplicationtowhichsection
68A(1)(c) applies.(2)Thechiefexecutivemaygivetheholderoftheauthorityanotice warning the holder that, under this
section—(a)the authority will be suspended unless
the fee is paid orarepaymentagreementforthefeeismadewithin30days after the giving of the notice;
andCurrent as at [Not applicable]Page
63
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68AC](b)if
the authority is a commercial fisher licence—it will becancelledunlessthefeeispaidorarepaymentagreement for
the fee is made within 90 days after thegiving of the
notice.(3)If the fee is not paid or a repayment
agreement for the fee isnotmadewithin30daysafterthegivingofthenoticetheauthority is suspended.(4)The
suspension ends if the fee is paid within 90 days after thegiving of the notice.(5)If—(a)the authority is
a commercial fisher licence; and(b)the
fee is not paid or a repayment agreement for the feeis
not made within 90 days after the giving of the notice;the
authority is cancelled.(6)Otherwise, the
suspension continues until and unless the fee ispaid
or a repayment agreement for the fee is made.(7)In
this section—commercialfisherlicencemeansanauthoritythat,underaregulation, is described as a commercial
fisher licence.repayment agreement, for a fee,
means a written agreementbetween the holder of the authority
and the chief executive forthe payment of
the fee.68ACSuspension of quota entitlement for
investigation(1)This section applies if—(a)an inspector starts an investigation
under part 9 relatingtotheholderofaquotaauthoritycontraveninganinformation requirement about the quantity
of fisheriesresourcestakenunderthequotaentitlementfortheauthority; and(b)the
chief executive is satisfied it is necessary to suspenda
part of the quota entitlement for the quota authority toPage
64Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 68AC]Notauthorised—indicativeonlyensure the quota entitlement is not, or does
not continueto be, contravened.(2)The
chief executive may, by written notice to the holder of thequota authority, suspend a stated part of
the quota entitlementfor the authority for a stated
period.(3)The stated period—(a)mustnotendmorethan6monthsafterthedaytheinvestigation is started; and(b)must end on or before the end of the
period to which thequota entitlement applies.(4)If the chief executive suspends a part
of the quota entitlementfor the quota authority, the quota
entitlement is taken to be theamountofthequotaentitlementoriginallygrantedbythequota authority
less the stated part that has been suspended.(5)If
the investigation ends before the stated period ends and aproceedingforanoffenceagainstthisActisnotstartedagainst the holder of the quota
authority—(a)thechiefexecutivemustcancelthesuspensionbywritten notice to the holder of the
authority; and(b)the quota entitlement for the
authority is taken to be theamountofthequotaentitlementoriginallygrantedbythe authority.(6)IfaproceedingforanoffenceagainstthisActagainsttheholderofthequotaauthorityisstartedbeforethestatedperiodendsandtheperiodtowhichthequotaentitlementapplieshasnotended,thechiefexecutivemay,bywrittennotice to the
holder of the authority, suspend a stated part ofthe
quota entitlement for a further period ending at the earlierof
the following—(a)theendoftheperiodtowhichthequotaentitlementapplies;(b)when the proceeding is decided.(7)A notice under subsection (2) or (6)
must be an informationnotice.Current as at
[Not applicable]Page 65
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68B](8)In
this section—information requirementmeans—(a)an information requirement under
section 118(1); or(b)arequirementtogivethechiefexecutiveinformationunder a
condition of an authority.68BSuspension or
cancellation of authority by court(1)Thissectionappliesifacourtconvictstheholderofanauthorityofaseriousfisheriesoffence,whetherornotaconviction is recorded.(2)The
court may, in addition to, or instead of, imposing the fineprescribed under this Act for the offence,
suspend or cancelthe authority.(3)In
acting under subsection (2), the court—(a)may
disregard any third party interests in the authority;and(b)must have regard
to—(i)the criteria prescribed by regulation
for suspensionor cancellation of an authority; and(ii)the fine the
court imposes for the offence.(4)Thecourtmay,ifconsideredappropriateinthecircumstances, have regard to any
previous conviction of theauthority holder under this
Act.(5)The court may impose a cumulative or
concurrent suspensionperiod, as the court considers
appropriate, if—(a)thecourtconvictstheholderofmorethan1seriousfisheries
offence; or(b)duringthesuspensionperiod,theholderisagainconvicted of a
serious fisheries offence.(6)This section
does not affect the suspension or cancellation ofan
authority under a regulation.Page 66Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68C]68CEffect of suspension on entitlementIf
an authority has been suspended, it does not authorise theholder of the authority to do anything
during the period of thesuspension other than possess fishing
apparatus the holder isentitled to possess under section
52(1) or (2).69Effect of suspension on renewalIfanauthorityhasbeensuspended,itmayberenewedbutcontinuestobesuspendeduntiltheendofthesuspensionperiod.69AEffect of suspension on issue or
transfer of anotherauthority(1)If
an authority (thesuspended authority) has been
suspended,the chief executive may not accept an
application—(a)toissueanotherauthority,orregisteratransferofanotherauthority,totheholderofthesuspendedauthority, if
the other authority would allow the holderto carry out the
activities otherwise allowed under thesuspendedauthority,duringtheperiodthesuspendedauthority is
suspended; or(b)to register a transfer of the
authority to another personduring the
period the suspended authority is suspended.(2)However, subsection (1)(b) does not apply
if—(a)the suspension is under section 68AB;
and(b)the chief executive has, under section
65A(3)(b), givenwritten approval to the registration of the
transfer.(3)To remove any doubt, it is declared
that subsection (2) doesnot affect the suspension under
section 68AB.(4)If a part of a quota entitlement for a
quota authority has beensuspendedundersection68AC,thechiefexecutivemaynotaccept an
application—Current as at [Not applicable]Page
67
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 69B](a)to
issue another quota authority, or register a transfer ofanotherquotaauthority,totheholderofthequotaauthoritytowhichthesuspendedquotaentitlementapplies,iftheotherquotaauthoritywouldgivetheholderanentitlementtotakefisheriesresourcestheholder would otherwise be authorised to take
under thesuspended quota entitlement; or(b)to register a transfer of the quota
authority to which thesuspended quota entitlement applies to
another personduring the period of the suspension.69BFurther fees continue to be payable
despite suspension(1)This section applies if an authority,
or a quota entitlement fora quota authority, is
suspended.(2)To remove any doubt, it is declared
that the suspension has noeffect on a liability under this Act
to pay the full amount of afurther fee for
or relating to the suspended authority or quotaauthority to
which the suspended quota entitlement applies.(3)Subsection (2) continues to apply for the
amount even if thesuspendedauthority,orquotaauthoritytowhichthesuspended quota entitlement applies, is
later cancelled.70Authority to be returned(1)The holder of an authority suspended,
or the former holder ofan authority cancelled, must return
the authority to the chiefexecutive within 7 days after the
suspension or cancellationtakes effect, unless the person has a
reasonable excuse for notreturning it or not returning it
within that time.Maximum penalty—80 penalty units.(2)If a suspended authority is returned
to the chief executive, thechief executive
must return it to the holder at the end of thesuspension
period.Page 68Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 70A]Subdivision
6ADeath of authority holder70AApplication of sdiv 6AThissubdivisionappliesifanindividualisaholderofanauthority and the individual
dies.70BGeneral effect of deathSubject to section 70C, on the individual’s
death—(a)the individual ceases to be a holder
of the authority; and(b)the individual’s
entitlement as a holder of the authorityceases.70CContinuance of particular
authorities(1)Thissectionappliesonlyiftheauthorityisofatypeprescribed by
regulation.(2)If, immediately before the
individual’s death, the individualwas the only
holder of the authority—(a)the authority
continues in force, subject to this Act; and(b)theindividual’spersonalrepresentativebecomestheholder of the authority.(3)If, immediately before the death,
there was more than 1 holderof the
authority—(a)theindividual’spersonalrepresentativebecomesaholder of the authority; and(b)the other holders of the authority
continue to be holdersof the authority, unaffected by the
individual’s death.(4)A personal representative who, under
this section, becomes aholdertakestheentitlementtheindividualhadundertheauthority immediately before the
death.Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 70D]70DProvisions for changeover to personal
representative(1)Thissectionappliesif,undersection
70C,apersonalrepresentative(thenewholder)becomesaholderoftheauthority.(2)The
change in the holdership to the new holder is taken to be acircumstance for section 73(3).(3)Until the change is recorded in the
register, a notice under thisAct from the
chief executive to the new holder may be givenat the deceased
individual’s address last known to the chiefexecutive.Subdivision
7Replacement and surrender71Replacement of authorities(1)Theholderofalost,damagedordestroyedauthoritymayapply to the chief executive for a
replacement authority.(2)The application
must—(a)be made in the approved form;
and(b)be accompanied by the fees prescribed
by regulation.(3)Thechiefexecutivemayreplacetheauthorityifthechiefexecutive is
satisfied it has been lost, damaged or destroyed.72Surrender of authorities(1)The holder of an authority may
surrender it by giving noticeof surrender to
the chief executive.(2)The notice must
be in an approved form and be accompaniedby the
authority.Page 70Current as at
[Not applicable]
Notauthorised—indicativeonlySubdivision 8Fisheries Act
1994Part 5 Fisheries management[s
73]Registers and certificates73Registers of authorities and fisheries
developmentapprovals(1)The
chief executive must keep a register of—(a)authorities issued by the chief executive;
and(b)fisheries development
approvals.(2)Theregistermustcontaintheparticularsprescribedbyregulation and may include other particulars
decided by thechief executive.(3)Within 21 days after a change in
circumstances prescribed byregulation,theholderofanauthoritymustgivethechiefexecutivewrittenparticularsofthechangeintheapprovedform.Maximum penalty—300 penalty units.(4)A person may, on payment of the fee
prescribed by regulationandsubjecttoreasonableconditionsimposedbythechiefexecutive—(a)inspecttheregisteratthedepartment’sheadofficeduring business
hours; and(b)takeextractsfrom,orobtainacopyofdetailsin,theregister.(5)The
chief executive may publish details in the register at thetimes and in the way decided by the chief
executive.(6)The holder of an authority may apply
to the chief executive inthe approved form to have noted on the
register an interest thata specified person has in the
authority.74Certificates about authorities(1)The chief executive may issue a
certificate stating—Current as at [Not applicable]Page
71
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 75](a)that
a particular person was or was not the holder of anauthority on a particular day or over a
particular period;or(b)the type or
conditions of a particular authority; or(c)the
cancellation or suspension of an authority; or(d)anything else about an authority that is in
the register.(2)The certificate is admissible in a
proceeding as evidence of amatter stated in
it.(3)An application for a certificate
must—(a)be made to the chief executive in the
approved form; and(b)be accompanied by the fees prescribed
by regulation.Subdivision 9Offences about
authorities andregisters75False
representations about authoritiesA person must
not intentionally or recklessly falsely representthat
someone (whether the person or someone else) holds anauthority or an authority of a particular
type.Maximum penalty—1000 penalty units.76Offences about registersA
person must not intentionally or recklessly—(a)make, cause to be made, or agree to the
making of, afalseormisleadingentryintheregisteraboutanauthority; or(b)produceortenderinevidenceadocumentfalselypurporting to be—(i)aninstrument,oracopyoforextractfromaninstrument, given to or by the chief
executive underthis part; orPage 72Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 76A](ii)a
copy of or extract from an entry in the registerabout an authority.Maximum
penalty—1000 penalty units.Division
3AFisheries development approvalsSubdivision 1Particular
fisheries developmentalso requires a resource
allocationauthority76AApplication of sdiv 1This subdivision
applies to the following development—(a)developmentcategorisedasassessabledevelopmentunder a
regulation made under the Planning Act that isbuildingworkinadeclaredfishhabitatareaoroperational work completely or partly
within a declaredfish habitat area, to the extent the
development is carriedout in Queensland waters or on land
other than freeholdland(prescribeddeclaredfishhabitatareadevelopment);(b)developmentcategorisedasassessabledevelopmentunder a
regulation made under the Planning Act that ismakingamaterialchangeofuseofpremisesforaquaculture,ifitiscarriedoutcompletelyinQueenslandwatersoronunallocatedtidalland(prescribed aquaculture development).76CNature of
fisheries development approval for whichresource
allocation authority required(1)A
fisheries development approval authorises a person to carryout
development under the approval only if the person alsoholds—Current as at
[Not applicable]Page 73
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 76E](a)for
prescribed declared fish habitat area development—aresourceallocationauthorityforinterferingwithadeclared fish habitat area; or(b)forprescribedaquaculturedevelopment—aresourceallocationauthorityforinterferingwithfishhabitatinQueensland waters or on unallocated
tidal land.Note—Seealsosection
88B(Carryingoutparticulardevelopmentwithoutresource allocation authority).(2)Also,despitethePlanningAct,section73,theapprovalattachestotheareamentionedintheresourceallocationauthority for
the development.Subdivision 3Fish movement
exemption notices76EApplication for fish movement
exemption notice(1)A person intending to make a
development application for theconstruction or
raising of a waterway barrier works in an areamayapplytothechiefexecutiveforafishmovementexemption notice
for the area.(2)The application must be—(a)made in the approved form; and(b)accompanied by the prescribed fee;
and(c)madebeforethepersonmakesthedevelopmentapplication.(3)If
asked by the chief executive, the applicant must give,
withinthe period stated by the chief executive,
the further relevantinformation or evidence the chief
executive requires to decidethe
application.(4)Thestatedperiodmustbeatleast28daysafterthefurtherinformation is
requested.Page 74Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 76F](5)If
the applicant does not give the chief executive the furtherinformation within the stated period, the
chief executive maydecide the application without the further
information.76FDeciding application for fish movement
exemption notice(1)The chief executive must consider the
application for a fishmovement exemption notice for an area
and give or refuse togive the notice.(2)In
considering the application, the chief executive must haveregard to—(a)iftheapplicationrelatestotidalwaters—theCoastalProtection and Management Act 1995;
or(b)if the application relates to
non-tidal waters—theWaterAct 2000.(3)Thechiefexecutivemaygivethenoticeonlyifthechiefexecutiveisreasonablysatisfieditisnotnecessaryordesirable,forthebestmanagement,use,developmentorprotectionoffisheriesresourcesorfishhabitats,foraproposed
construction or raising of a waterway barrier worksintheareatoprovideforthemovementoffishacrossthebarrier works.Examples, for
subsection (3), of the bases on which the chief executivemay
be satisfied—1Allowing for fish movement in the area
is not necessary because—(a)there are no
fish located in the area; or(b)it
is not necessary for the fish located in the area to access
thefish habitat upstream of the area.2There are other barriers in the area
which prevent the movement offish located in
the area.(4)The notice must state the period, not
longer than 4 years, forwhich the exemption notice
applies.(5)Ifthechiefexecutiverefusestogivethenotice,thechiefexecutive must
give the applicant an information notice for therefusal.Current as at
[Not applicable]Page 75
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 76H]Subdivision
4Environmental offset conditions onfisheries development approvals76HRelationship between sdiv 4 and
Planning ActThis subdivision applies subject to the
Planning Act, chapter3, part 3, division 3.76IAEnvironmental offset conditions(1)Under the Planning Act, section 65,
the conditions imposedonafisheriesdevelopmentapprovalmayincludeenvironmental
offset conditions.(2)Anenvironmentaloffsetconditionmayrelatetoanenvironmentaloffsetundertakentocounterbalancetheimpactsofthedevelopmentonfisheriesresourcesorfishhabitat
including, for example—(a)an environmental
offset to enhance or rehabilitate a fishhabitat;
and(b)theexchangeofanotherfishhabitatforafishhabitataffected by the development; and(c)a contribution to fish habitat
research.Subdivision 6Provisions about
developmentoffences76SPurpose of sdiv 6This subdivision
states—(a)thepenaltiesthataretoapplytoparticularoffencesunder the Planning Act; and(b)anadditionalrequirementforpersonscarryingout,under the
Planning Act, development in an emergency.Page 76Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 76T]Note—SeethePlanningAct,section225(1)fortheapplicationofprovisions,ofanActotherthanthePlanningAct,aboutparticularmattersthatthePlanningActalsohasprovisionsabout.Notauthorised—indicativeonly76TPenalties for carrying out assessable
developmentwithout permit(1)This
section applies to fisheries development if it is assessabledevelopment.(2)For
the Planning Act, section 163(1), the maximum penaltyfor
an offence against the section is—(a)for
development categorised as assessable developmentunder a regulation made under the Planning
Act that isbuilding work in a declared fish habitat
area, operationalwork completely or partly within a declared
fish habitatarea or operational work that is the
removal, destructionor damage of a marine plant—3000
penalty units; or(b)for development categorised as
assessable developmentunder a regulation made under the
Planning Act that ismakingamaterialchangeofuseofpremisesforaquaculture—1665 penalty units; or(c)for development categorised as
assessable developmentunder a regulation made under the
Planning Act that isoperational work that is the
constructing or raising of awaterway barrier
works—2000 penalty units.76UPenalties for
noncompliance with particular developmentapprovals(1)This section applies to a fisheries
development approval fortheconstructionorraisingofawaterwaybarrierworksifconditions about either or both of the
following are imposedon the approval—(a)thedesignorconstructionofafishwayforthewaterway barrier
works;Current as at [Not applicable]Page
77
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 76V](b)monitoring or operation of a fish
way.(2)For the Planning Act, section 164, the
maximum penalty fornot complying with the condition is 2000
penalty units.76VAdditional requirement for development
carried out inemergency(1)This
section applies to a person carrying out an activity that isfisheries development if the Planning Act,
section 166(3) or(4) applies to the activity.(2)ForthePlanningAct,section166(4)(b)and(6)(a)(ii),theperson must give notice that the person has
been carrying outtheactivitytothechiefexecutiveassoonasreasonablypracticable
after starting the activity.(3)In
this section—activitysee the Planning
Act, section 166(1).Division 4Fisheries
offencesSubdivision 1Fisheries
management generally77Contravention of particular fisheries
declarations(1)A person to whom a regulated fishing
apparatus declaration orregulatedfishingmethoddeclarationappliesmustcomplywith
the declaration.Maximum penalty—300 penalty units.(2)A person to whom a regulated waters
declaration applies mustcomply with the declaration.Maximum penalty—1000 penalty units.Page
78Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 77A]Notauthorised—indicativeonly77AExemptions for contravention of
regulated fishingapparatus declaration(1)Section 77(1)doesnotapplytothesale,purchase,useorpossession of
commercial fishing apparatus regulated under aregulated
fishing apparatus declaration if the apparatus is usedor
to be used—(a)in sporting activities, other than
fishing; orExamples—indoor cricket
and school sports, other than fishing(b)to
protect trees or collect fruit from trees; or(c)for
display or decorative purposes; orExamples—for
use in shopfitting or as part of a restaurant’s decor(d)for other purposes prescribed by
regulation or declaredby a declaration.(2)Section 77(1)doesnotapplytothepossessionoffishingapparatusregulatedunderaregulatedfishingapparatusdeclaration if
the apparatus is stowed and secured on a boatlawfully passing
through waters.(3)Section 77(1) does not apply to the
possession of commercialfishingapparatusregulatedunderaregulatedfishingapparatus declaration if the person
possessing the apparatus—(a)isagenuinemaker,dealerinorrepaireroffishingapparatus;
or(b)is a person acting for a person
mentioned in paragraph(a); or(c)is
transporting the fishing apparatus to or from the placewhere it is made, used, dealt in, repaired
or stored for apersonwhohasanauthoritytouseorpossesstheapparatus.(4)In
this section—stowedandsecuredhasthemeaningprescribedbyregulation.Current as at
[Not applicable]Page 79
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 78]78Prohibited acts about regulated fish(1)Apersonmustnotunlawfullytake,possess,useorsellaregulated fish.(2)A
person must not mutilate or disfigure a regulated fish withintent to hide the fact that it is a
regulated fish.Maximum penalty—1000 penalty units.79Quota offencesApersonmustnotunlawfullycontravenethequotaentitlement for
a quota authority.Maximum penalty—2,000 penalty units.79AContravening a condition of an
authorityA person to whom a condition of an authority
applies mustcomply with the condition.Maximum penalty—100 penalty units.80Vessel tracking(1)This
section applies in relation to—(a)an
authority prescribed by regulation as an authority towhich this section applies; and(b)each boat (arelevant
boat) prescribed by regulation forthe
authority for this section.(2)The
holder of, or another person acting under, the authoritymust
ensure—(a)eachrelevantboatusedundertheauthorityhasapprovedvesseltrackingequipmentfortheboatinstalled on it, in the way prescribed by
regulation; and(b)theapprovedvesseltrackingequipmentisworkingproperly during
the periods prescribed by regulation.Maximum
penalty—1,000 penalty units.Page 80Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 81](3)Apersonmustnotinterferewiththeoperationofapprovedvessel tracking
equipment installed on a relevant boat.Maximum
penalty—1,000 penalty units.(4)Aregulationmayprescriberequirementsthatapplyiftheapprovedvesseltrackingequipmentinstalledonarelevantboatismalfunctioningduringaperiodmentionedinsubsection (2)(b).(5)Iftherequirementsprescribedundersubsection(4)arecomplied with for a relevant boat on
which approved vesseltrackingequipmentismalfunctioning,theholderorotherpersonwhoisrequiredtocomplywithsubsection(2)(b)inrelationtotheboatistakentohavecompliedwiththesubsection.(6)In
this section—malfunction, of approved
vessel tracking equipment, means afailure of the
equipment—(a)to work entirely; or(b)to send details of the location of the
boat on which it isinstalled to the chief executive at the
intervals stated inthe approval for the equipment.workingproperly,forapprovedvesseltrackingequipment,means the
equipment sends details of the location of the boaton
which it is installed to the chief executive at the
intervalsstated in the approval for the
equipment.81Use of explosives etc.
prohibited(1)A person must not unlawfully—(a)useanexplosive,powerheadorotherexplosivepropelledmissile,firearmornoxioussubstance(arestricted thing) to take fish;
or(b)have a restricted thing on board a
boat—(i)with intent to take fish; or(ii)by which fish
may be injured or destroyed; orCurrent as at
[Not applicable]Page 81
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 82](c)useorpossess,withintenttotakefish,adevicethatcreates an electrical field in waters or on
land; or(d)possessfishtakenbyathingmentionedinparagraph(b); or(e)possess fish taken by a device
mentioned in paragraph(c).Maximum
penalty—2000 penalty units.(2)Subsection (1)(a),(b)and(d)doesnotapplytoanactivitycarried out by a
person if the person—(a)is acting under
a contract made by the chief executivefortheestablishmentormanagementofthesharkcontrol program;
and(b)is authorised under an authority to
carry out the activity.(3)Subsection
(1)(b)(ii) does not apply to a firearm on board aboat, or a powerhead attached to a spear gun
or hand propelledspear, if the firearm or powerhead is used,
or intended for use,only in defence against sharks.82Offence to do prescribed actApersonmustnotunlawfullydoanactprescribedbyregulationordeclaredbyadeclarationasanactthatmustonly be done by
the holder of an authority.Maximum
penalty—1000 penalty units.83Additional
penalty based on value of fish taken in trade orcommerce(1)If,
having convicted a person of an offence against this Actinvolving the taking or possessing of fish,
the court is satisfiedthe person took or possessed the fish
in trade or commerce, itmay,underthissection,imposeafineofnotmorethan5times the amount calculated by it to
be the wholesale value ofthe fish when they were taken.Page
82Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 87](2)The
court may impose the fine as well as imposing anotherfine
or penalty prescribed under this or another Act.(3)The court may regard fish taken or
possessed in contraventionofthisActtohaveawholesalevalueequivalenttothewholesale value of fish of the same or
a similar species or typetaken lawfully.87Interference etc. with aquaculture activity
or fishingapparatus(1)A
person must not unlawfully interfere with an aquacultureactivity or fishing apparatus.Maximum penalty—500 penalty units.(2)In this section—interfere
withincludes—(a)foranaquacultureactivity—theremovaloffisheriesresources,
damage and destroy; and(b)for fishing
apparatus—(i)the removal of fisheries resources;
and(ii)haul, pull, draw
or reel in, or otherwise bring outof water;
and(iii)damage, destroy,
mark, remove and trample.88Holder of
authority to have it available for immediateinspection
etc.(1)The holder of an authority must have
the authority availablefor immediate inspection while the
holder is doing anythingauthorised by it.(2)If
anyone else is doing anything the other person is authorisedtodoundertheauthorityandtheholderisnotpresent,theother person must have the authority
available for immediateinspection.Current as at
[Not applicable]Page 83
Fisheries Act 1994Part 5 Fisheries
management[s 88A](3)Ifanumberofpersonsonaboataredoinganythingthepersons are authorised to do under the
authority and the holderis not present, the person in control
must have the authorityavailable for immediate
inspection.Notauthorised—indicativeonly88APossessing fish
taken in contravention of other fisherieslegislationA person must
not unlawfully possess fish knowing the fishhavebeentakenincontraventionofalawoftheCommonwealthoranotherStateaboutfishing,fisheriesresources or
fish habitats.Maximum penalty—1000 penalty units.88BCarrying out particular development
without resourceallocation authority(1)This
section applies to—(a)thefollowingdevelopmentcategorisedasassessabledevelopmentunderaregulationmadeunderthePlanning Act—(i)building work in a declared fish habitat
area;(ii)makingamaterialchange ofuseofpremisesforaquaculture;(iii)operationalworkcompletelyorpartlywithinadeclared fish habitat area; and(b)developmentcategorisedasaccepteddevelopmentunder a
regulation made under the Planning Act that isoperationalworkthatistheremoval,destructionordamage of a marine plant if the removal,
destruction ordamageisofdeadmarinewoodonunallocatedStateland
for trade or commerce.(2)Apersonmustnotcarryoutthedevelopmentunlessthepersonalsoholdsaresourceallocationauthorityforthedevelopment.Maximum
penalty—Page 84Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 89](a)for
development mentioned in paragraph (a)(i) or (iii) or(b)—3000 penalty units; or(b)for development mentioned in paragraph
(a)(ii)—1665penalty units.(3)Subsection (2) does not apply to a person
if—(a)the person starts development because
of an emergencyendangering—(i)the
life or health of a person; or(ii)the
structural safety of a building; and(b)the
person gives, as soon as practicable after starting thedevelopment, written notice of the
development to therelevant person for the development;
and(c)thepersonisnotrequiredtostopcarryingoutthedevelopmentbyanenforcementnoticeororderunderthe
Planning Act.(4)In this section—dead marine
woodmeans a branch or trunk that—(a)is a part of a dead marine plant;
or(b)was a part of a marine plant.relevant person, for
development, means—(a)the chief executive; and(b)ifthedevelopmentisassessabledevelopment—thepersonwhowouldbetheassessmentmanagerifadevelopmentapplicationweremadeforthedevelopment.Subdivision
2Trafficking in priority fish89Definitions for subdivisionIn
this subdivision—Current as at [Not applicable]Page
85
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 89A]commercial
quantity,ofpriorityfish,meansthequantityofthe
fish, which must be at least 5 times the recreational limitoratleast5timestheweightequivalentoftherecreationallimit for the
fish, prescribed by regulation.engages in a
trafficking activitysee section 89B.priority
fishsee section 89A.recreationallimit,forfish,meansthemaximumquantityofthefishthatarecreationalfisher,withinthemeaningofaregulation under this Act, may possess
under a regulated fishdeclaration.89AMeaning of priority fish(1)Apriorityfishisafishofanyofthefollowingspeciesorgroup of species—(a)barramundi;(b)black jewfish;(c)coral trout;(d)mud
crab;(e)Murray cod;(f)prawn;(g)ray;(h)redthroat emperor;(i)sea
cucumber;(j)shark;(k)snapper;(l)spanish mackerel;(m)tropical rocklobster;(n)anotherspeciesorgroupofspeciesprescribedbyregulation under subsection (2).Page
86Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 89B](2)The
Minister may recommend to the Governor in Council themakingofaregulationtoprescribeaspeciesorgroupofspecies of fish as priority fish if the
Minister is satisfied—(a)there has
been—(i)a significant increase in
contraventions of this Actrelating to the taking, possessing,
using or sellingof the species or group; or(ii)a significant
increase in demand for the species orgroup that is
likely to cause a significant increaseincontraventionsofthisActasmentionedinsubparagraph (i); and(b)prompt action is required to declare the
species or grouptobepriorityfishtopreventcontraventionsorfurthercontraventionsofthisActasmentionedinparagraph(a)(i).89BWhen a person engages in a trafficking
activity forpriority fish(1)Forthissubdivision,apersonengagesinatraffickingactivityfor
a priority fish if—(a)a commercial quantity of the priority
fish—(i)has been unlawfully taken; or(ii)hasbeenlawfullytakenbutnotreportedtothechiefexecutiveasrequiredunderthisAct,including,forexample,byaninformationrequirement;
and(b)the person knows, or ought reasonably
to know, the fishwas unlawfully taken, or lawfully taken but
not reported,asmentionedinparagraph(a),whetherornottheperson took the
fish; and(c)thepersondoesanyofthefollowingintradeorcommerce—(i)possesses all or some of the fish;(ii)processes all or
some of the fish;Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 89C](iii)sells all or some of the fish;(iv)receives all or
some of the fish from, or delivers allor some of the
fish to, another person;(v)transports all
or some of the fish from a place toanother
place;(vi)otherwise deals
with all or some of the fish;(vii)does
a combination of 2 or more things mentionedin any of
subparagraphs (i) to (vi).(2)In this
section—information requirementmeans—(a)an information requirement under
section 118(1); or(b)arequirementtogivethechiefexecutiveinformationunder a
condition of an authority.89COffence to
engage in trafficking activity for priority fishApersonmustnotengageinatraffickingactivityforapriority
fish.Maximum penalty—(a)ifthepersondoesathingmentionedinsection89B(1)(c)inrelationtoacommercialquantityofthepriorityfish—3,000penaltyunitsor3yearsimprisonment;
or(b)otherwise—1,000 penalty units.Division 5Non-indigenous
fisheries resourcesand aquaculture fish90Non-indigenous fisheries resources not to be
released(1)A person must not unlawfully release
non-indigenous fisheriesresources, or cause non-indigenous
fisheries resources to beplaced or released, into Queensland
waters.Page 88Current as at
[Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 91]Maximum
penalty—2,000 penalty units.(2)Subsection(1)doesnotapplytothereleaseorplacingofnon-indigenous fisheries resources into
Queensland waters inthe circumstances prescribed by
regulation.Notauthorised—indicativeonly91Aquaculture fisheries resources not to
be releasedApersonmustnotunlawfullyreleaseaquaculturefisheriesresources,orcauseaquaculturefisheriesresourcestobereleased, into Queensland
waters.Maximum penalty—2000 penalty units.92Duty of person who unlawfully takes or
possessesnon-indigenous plants(1)A
person who unlawfully takes or possesses a non-indigenousplant must immediately destroy it.Maximum penalty—2,000 penalty units.(2)Subsection(1)doesnotapplytoanon-indigenousplantprescribed by regulation.(3)In this section—non-indigenousplantmeansanon-indigenousfisheriesresource that is a plant.93Recovery of costs of removing
particular fisheriesresources(1)If a
person commits an offence against this division, the costsreasonablyincurredbythechiefexecutiveintakingandremoving, or destroying, the fisheries
resources in relation towhich the offence was committed are a
debt payable by theperson to the chief executive.(2)If the person is convicted of an
offence against this division,the court may,
as well as imposing a penalty for the offence,order the person
to pay the amount of the costs to the chiefexecutive.Current as at
[Not applicable]Page 89
Fisheries Act 1994Part 5 Fisheries
management[s 108](3)Subsection (2)doesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
any other law.Notauthorised—indicativeonlyDivision 7Orders for
destruction108Order for taking and removing, or
destroying,non-indigenous fisheries resources or
aquaculture fish(1)Thechiefexecutivemayorderaninspectortotakeandremove, or destroy, fisheries resources
(therelevant fisheriesresources).(2)Thechiefexecutivemaymaketheorderonlyifthechiefexecutive is satisfied—(a)the
relevant fisheries resources are—(i)non-indigenous fisheries resources;
or(ii)aquaculture
fisheries resources; and(b)the relevant
fisheries resources are a significant threat toother fisheries
resources or a fish habitat; and(c)itisnecessaryordesirablefortherelevantfisheriesresources to be taken and removed, or
destroyed.(3)The chief executive may make the order
even though otherfisheries resources, plants or other
property may be destroyed.(4)The inspector
must take the action necessary to comply withthe
order.(5)Compensationispayableforfisheriesresources,plantsorpropertytakenandremoved,ordestroyed,undertheorderonly if the
chief executive decides that compensation shouldbe
payable in the circumstances of the particular case.109Order to stop or delay escape of
non-indigenousfisheries resources or aquaculture
fish(1)If the chief executive is satisfied
there is no practicable way totakeandremove,ordestroy,non-indigenousfisheriesPage
90Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 110]resources or
aquaculture fish, the chief executive may order aninspectortotaketheactionnecessarytostopordelaythefisheries resources from escaping.(2)The chief executive may make the order
even though otherfisheries resources, plants or other
property may be destroyed.(3)The inspector
must take the action necessary to comply withthe
order.(4)Compensationispayableforfisheriesresources,plantsorpropertytakenandremoved,ordestroyed,undertheorderonly if the
chief executive decides that compensation shouldbe
payable in the circumstances of the particular case.110Recovery of costs of complying with
order(1)If an order under this division is
necessary because a personhas committed an offence against this
Act, the costs incurredby the chief executive in taking
action reasonably necessary tocomply with the
order are a debt payable by the person to thechief
executive.(2)IfthepersonisconvictedofanoffenceagainstthisActrelevanttotheorder,thecourtmay,aswellasimposingapenalty for the offence, order the person to
pay the amount ofthe costs to the chief executive.(3)Subsection (2)doesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
any other law.Division 9Fisheries
Fund117Fisheries Fund(1)The
Fisheries Fund (thefund) is continued
in existence.(2)Accounts for the fund must be kept as
part of the departmentalaccounts of the department.(3)Amountsreceivedforthefundmustbedepositedinadepartmentalfinancial-institutionaccountofthedepartmentCurrent as at
[Not applicable]Page 91
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 117]but may be
deposited in an account used for depositing otheramounts of the department.(4)Amounts received for the fund
include—(a)amountspaidtothedepartmentaspartofthedepartment’sdepartmentalvoteundertheFinancialAccountabilityAct2009andmadeavailablebythedepartment for
the fund; and(b)penalties,costsandfeesrecoveredorreceivedbythechief executive; and(c)amounts received for payment into the
fund; and(d)other amounts recovered or received
under this Act if,under a regulation, the amounts must be paid
into thefund.(5)Amounts in the fund must be spent
for—(a)scientificorotherresearch,disseminationofinformation,orpublicationofmaterial,fororaboutfisheries
activities; or(b)otherfisheriesrelatedactivitiesapprovedbythechiefexecutive.(6)In
this section—departmental accounts, of a
department, means the accountsofthedepartmentundertheFinancialAccountabilityAct2009, section
69.departmental financial-institution
account, of a department,means an account
of the department kept under theFinancialAccountability Act 2009, section
83.other amounts, of a
department, means amounts received bythe department
other than amounts received for the fund.Page 92Current as at [Not applicable]
Division 10GeneralFisheries Act 1994Part 5 Fisheries
management[s 118]Notauthorised—indicativeonly118Information requirements(1)A regulation or declaration, a
condition of an authority, or thechief executive
by written notice, may require (aninformationrequirement) a person
to—(a)obtainandkeepforstatedperiods,intheapprovedform,stateddocumentsorinformation(therequiredinformation) about a
fisheries matter; or(b)givethechiefexecutiveoranotherstatedpersondocumentsorinformationmentionedinparagraph(a)(also therequired
information), in writing or in anotherstated way, or at stated intervals or
times.Example of another stated person—if
the person of whom the requirement is made is a buyer offisheries resources, the person who sold
them to the buyerExamples of another stated way—•by a telephonic automated interactive
voice response system•by the approved
vessel tracking equipment for a boat•by
recording the information on the department’s website•byusinganelectroniclogbookprovidedbythechiefexecutive(2)However,aninformationrequirementmayapplytoorbemade of a person
only if the required information relates tothe person, or
could reasonably be expected to relate to theperson.(3)Toremoveanydoubt,itisdeclaredthat,subjecttosubsection (2),subsection
(1)iscapableofapplyingtoaperson whether or not the person
performs activities by wayof fishing or other activities.(4)A person to whom an information
requirement applies, or ofwhomaninformationrequirementhasbeenmade,mustcomply with the
requirement unless, in the circumstances, theperson could not
reasonably have been expected to have, or tobe able to
obtain, the required information.Current as at
[Not applicable]Page 93
Fisheries Act 1994Part 5 Fisheries
management[s 118]Notauthorised—indicativeonlyMaximum penalty—(a)1000
penalty units if—(i)therequiredinformationisadocketorotherdocumentaboutthebuyingorsellingoffisheriesresources in
trade or commerce; or(ii)the person
carries on a business that includes theprocessingofabaloneandtherequiredinformationrelatestothebusinessortheprocessing;
or(b)otherwise—500 penalty units.(5)In a proceeding for an offence against
subsection (4), it is notnecessary for the prosecution to prove
that a person failed tocomply with the information
requirement at a particular timeif it is proved
that—(a)the documents or information kept by
the person for aparticularperiodareincompleteinamaterialparticular;
and(b)the incompleteness has, or can only
have, resulted fromthe contravention of the information
requirement duringthat period.(6)In
this section—fisheries mattermeans—(a)aquaculture, aquaculture fisheries
resources, fishing, afishery or fisheries resources;
or(b)trade or commerce related to
aquaculture, aquaculturefisheriesresources,fishing,afisheryorfisheriesresources;
or(c)the effect on a protected animal
caused by aquaculture,aquaculturefisheriesresources,fishing,afisheryorfisheries resources.protected
animalmeans—(a)a
protected animal under the Nature Conservation Act1992; orPage 94Current as at [Not applicable]
Fisheries Act 1994Part 6 Protection
and conservation of fish habitats[s 120](b)ananimalofalistedthreatenedspecies,listedmigratoryspeciesorlistedmarinespeciesundertheEnvironment Protection and
Biodiversity ConservationAct 1999 (Cwlth).Notauthorised—indicativeonlyPart
6Protection and conservation offish
habitats120Declaration of fish habitat
areasAn area may be declared under a regulation
to be a fish habitatarea.122Protection of fisheries resources in
declared fish habitatareaApersonmustnotunlawfullyperform,orcausetobeperformed, works or related activity
in a declared fish habitatarea.Maximum
penalty—3000 penalty units.123Protection of
marine plantsA person must not unlawfully—(a)remove, destroy or damage a marine
plant; or(b)causeamarineplanttoberemoved,destroyedordamaged.Maximum
penalty—3000 penalty units.Example of
removing a marine plant—removing seagrass from a beach or
foreshoreExample of destroying a marine plant—burning saltcouchExample of
damaging a marine plant—pruning or trimming mangrovesCurrent as at [Not applicable]Page
95
Notauthorised—indicativeonlyFisheries Act 1994Part 6 Protection
and conservation of fish habitats[s 124]124Chief executive may rehabilitate or
restore land etc.(1)The chief executive may take the
action reasonably necessarytorehabilitateorrestoreland,waters,marineplantsoradeclared fish habitat area if—(a)the land, waters, marine plants or
fish habitat area hasbeen removed, destroyed or damaged;
and(b)thechiefexecutivereasonablybelievestheremoval,destruction or
damage was caused by an act or omissionthatconstitutedafailuretocomplywithanyofthefollowing—(i)this
Act or the Planning Act, so far as it relates tofisheries development;(ii)a
former Act;(iii)the
repealedFisheries Act 1957;(iv)aconditionofanauthorityorafisheriesdevelopment
approval.(2)Thecostsreasonablyincurredbythechiefexecutiveinrehabilitating or restoring the land,
waters, marine plants ordeclaredfishhabitatareaareadebtpayablebythepersonwho caused the
removal, destruction or damage to the State.(3)IfthepersonisconvictedofanoffenceagainstthisActconstituted by the removal, destruction or
damage, the courtmay, as well as imposing a penalty for the
offence, order theperson to pay the amount of the costs to the
State.(4)Subsection (3)doesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
any other law.125Notice to restore fish habitat
etc.(1)This section applies if—(a)litter, soil, a noxious substance,
refuse or other matter(thepolluting
matter) is on land, in waters, on marineplants or in a fish habitat; and(b)it appears to the chief
executive—Page 96Current as at
[Not applicable]
Fisheries Act 1994Part 6 Protection
and conservation of fish habitats[s 125]Notauthorised—indicativeonly(i)thatthepollutingmatterhasprevented,ormayprevent, fishing activities and that
it is necessary ordesirable for action to be taken about the
pollutingmatter to enable the fishing activities to
be carriedout; or(ii)that
the polluting matter has had, or may have, anadverse effect
on the quality or productive capacityof a fishery or
fish stocks and that it is necessary ordesirable for
action to be taken about the pollutingmattertoprotectorrestorethequalityofproductive capacity of the fishery or fish
stocks; or(iii)that the
polluting matter has had, or may have, anadverse effect
on the quality or integrity of a fishhabitatandthatitisnecessaryordesirableforactiontobetakenaboutthepollutingmattertoprotect or restore the quality or
integrity of the fishhabitat; or(iv)thatcircumstancesprescribedbyregulationexistinrelationtothepollutingmatterandthatitisnecessary or desirable for action to
be taken aboutthe polluting matter to enable fishing
activities tobe carried out or to protect or restore the
quality,productivecapacityorintegrityoffisheriesresources.(2)The
chief executive may, by written notice, require the personwhothechiefexecutivesuspectsonreasonablegroundsisresponsibleforthepresenceofthepollutingmattertotakespecified action
about the polluting matter within the time andin the way (if
any) specified in the notice.(3)Thepersonmustcomplywiththenotice,unlessthepersonhas a reasonable
excuse for not complying with it.Maximum
penalty—2000 penalty units.(4)Ifthepersondoesnotcomplywiththenotice,thechiefexecutive may
take action on any land or in any waters that thechief executive considers reasonably
necessary to ensure thatthe matters mentioned in 1 or more of
the subparagraphs ofsubsection (1)(b) are achieved.Current as at [Not applicable]Page
97
Notauthorised—indicativeonlyFisheries Act 1994Part 6 Protection
and conservation of fish habitats[s 125A](5)To enable action to be taken under
subsection (4), the chiefexecutivemayauthorisepersons,withorwithoutvehicles,machinery, plant and equipment to enter and
stay on any landor in any waters.(6)The
costs reasonably incurred by the chief executive in takingaction under subsection (4) are a debt
payable by the person tothe State.(7)If
the person is convicted of an offence against subsection
(3),the court may, as well as imposing a penalty
for the offence,order the person to pay the amount of the
costs to the State.(8)Subsection (7)doesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
any other law.125ACodes of practice(1)Thechiefexecutivemaymakeacodeofpracticeforadeclared fish habitat area.(2)A code of practice may, for example,
state ways that personsmaycarryoutactivitiesinthedeclaredfishhabitatareaincompliance with this Act.(3)In preparing a code of practice, the
chief executive must takereasonablestepstoengageinconsultationaboutthecodewith persons the
chief executive considers appropriate.Examples of
persons for subsection (3)—industry
representatives, relevant experts and key stakeholders(4)The chief executive must—(a)publishacopyofeachcodeofpracticeonthedepartment’s website; and(b)keepacopyofeachcodeofpracticeavailableforinspection at the department’s head
office.Page 98Current as at
[Not applicable]
Part
7Fisheries Act 1994Part 7
Commonwealth–State management of fisheries[s 126]Commonwealth–Statemanagement of
fisheriesNotauthorised—indicativeonly126Functions and powers of
Minister(1)The Minister may perform a function
and exercise a powerconferredontheMinisterbytheCommonwealthFisheriesAct,includingafunctionorpoweroftheMinisterasamember of a Joint Authority.(2)If, in the exercise of the power
conferred on the Minister bytheCommonwealthFisheriesAct,theMinisterappointsadeputy, the deputy may perform the
functions and exercise thepowers conferred by that Act on the
deputy of the Minister asa member of a Joint Authority.127Minister to table reports of Joint
AuthoritiesThe Minister must table in the Legislative
Assembly a copy ofeachreportofaJointAuthoritypreparedundertheCommonwealth Fisheries Act as soon as
practicable after thereport is received by the
Minister.128Judicial noticeJudicial notice
must be taken of the signature of a person whois or has been a
member of a Joint Authority, or a deputy of amember of a
Joint Authority, and of the fact that the person is,or
was at the particular time, a member of a Joint Authority ora
deputy of a member of a Joint Authority.129Functions of Joint AuthoritiesA
Joint Authority has the functions conferred on it by this
Actor the Commonwealth Fisheries Act.130Delegation(1)A
Joint Authority may delegate its powers to—Current as at
[Not applicable]Page 99
Notauthorised—indicativeonlyFisheries Act 1994Part 7
Commonwealth–State management of fisheries[s 131](a)thechiefexecutive,alocalgovernmentoranentityprescribed by
regulation (aprescribed entity); or(b)an officer or employee of the public
service; or(c)an officer, employee or member of a
local governmentor prescribed entity; or(d)an
officer or employee of the Commonwealth or anotherState.(2)Adelegationofapowertothechiefexecutive,alocalgovernment, a
prescribed entity, or an officer or employee oftheCommonwealthoranotherState,maypermitthesubdelegation of the power.131Proceedings of Joint
Authorities(1)AJointAuthorityistoconductitsmeetingsandotherproceedings in
accordance with the Commonwealth FisheriesAct.(2)A written record of a decision of a
Joint Authority, if signedbytheCommonwealthMinister,ortheCommonwealthMinister’s
deputy, who took part in or made the decision isevidencethatthedecision,asrecorded,wasproperlymadeand
recorded.(3)In a legal proceeding, a document
signed for a Joint AuthoritybyamemberoftheJointAuthorityistakentohavebeenproperlyexecutedbytheJointAuthorityand,unlessthecontrary is proved, is taken to accord with
a decision of theJoint Authority.132Making of Joint Authority and other
Commonwealth–State arrangements(1)TheStatemaymakeanarrangementunderpart5oftheCommonwealthFisheriesActforthemanagementofaparticular fishery, whether or not a
Joint Authority is to havethe management of a fishery under the
arrangement.Page 100Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 7
Commonwealth–State management of fisheries[s 132A](2)Toremoveanydoubt,thearrangementisastatutoryinstrumenttowhichtheActsInterpretationAct1954,section 17 applies under theStatutory Instruments Act 1992,section 14.132AVariation of Commonwealth–State
arrangementsACommonwealth–Statearrangementmaybevariedintheway provided for under the
Commonwealth Fisheries Act.133Ending of
Commonwealth–State arrangements(1)ACommonwealth–Statearrangementforafisherymaybeended under the Commonwealth Fisheries
Act.(2)On the ending of the arrangement, all
authorities issued, andregulations and declarations made, for
the fishery expire.134Application of Queensland law to
fisheries(1)If, under a Commonwealth–State
arrangement, a fishery is tobe managed under
Queensland law, Queensland law applies tothe
fishery.(2)Despitesubsection
(1),Queenslandlawdoesnotapplytoforeign boats, operations on or from foreign
boats, or personsonforeignboats,ortomattershappeningbeforethearrangementcommencedtowhichCommonwealthlawapplies.135Additional functions of Joint Authority for
fishery underQueensland lawIf,underaJointAuthorityarrangement,afisheryistobemanaged by a
Joint Authority under Queensland law, the JointAuthority has
the following additional functions—(a)keepingconstantlyunderconsiderationthefishery’scondition;Current as at
[Not applicable]Page 101
Notauthorised—indicativeonlyFisheries Act 1994Part 7
Commonwealth–State management of fisheries[s 136](b)formulatingpoliciesandplansforthefishery’smanagement;(c)exercisingforthefishery’smanagementpowersconferred on the Joint Authority under this
Act;(d)cooperating and consulting with other
entities on issuesof common interest.136Exercise of powers for Joint Authority
fishery underQueensland law(1)ThissectionappliestoaJointAuthorityfisherymanagedunder Queensland law.(2)Anauthorityauthorisessomethingtobedoneinortothefishery only if it is issued under
this section.(3)The Joint Authority for the fishery
has, to the exclusion of thechief executive,
all the chief executive’s functions and powersfor the
fishery.(4)This Act and other laws apply to the
Joint Authority as if, forthe fishery, it were the chief
executive.(5)On the fishery becoming a Joint
Authority fishery, but subjecttoanyregulationmadeunderthispart,allregulations,declarationsandauthoritiesapplyingtothefisherystopapplying to the
fishery.(6)AnauthorityissuedbytheJointAuthoritymustcontainaconditionlimitingittofisheriesmanagedbytheJointAuthority.(7)The
Joint Authority may endorse an authority (including anauthorityissuedbytheJointAuthorityoranotherJointAuthority within the meaning of the
Commonwealth FisheriesAct) to extend its operation to
activities over which the JointAuthority has
powers under this Act.(8)If the
endorsement mentioned in subsection (7) is made—(a)the endorsement ends if the authority
ends; andPage 102Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 7
Commonwealth–State management of fisheries[s 137](b)theJointAuthoritymaysuspendorcanceltheendorsementunderthisActasifitwereanauthorityissued by
it.(9)ThissectiondoesnotallowtheJointAuthoritytoissue,ortake
other action about, an authority for a foreign boat.137Application of provisions about
offencesThe provisions of this Act about offences,
the enforcement ofoffences and proceedings for offences
apply—(a)to anything done in, or about, a
Commonwealth–Statefishery(thecooperativefishery)managedunderQueensland law; and(b)as
if—(i)areferenceinthisActtoanauthoritywereareference to an authority, or an endorsement
of anauthority,issuedormadeunderthispartforthecooperative
fishery; and(ii)a reference in
this Act to a fishery were a referenceto the
cooperative fishery.138Presumption about certain statements
in arrangements(1)A statement in a Commonwealth–State
arrangement must bepresumed to be correct if it is to the
effect that—(a)foranarrangementtowhichtheCommonwealthandQueenslandaretheonlyparties—statedwatersarewaters relevant to Queensland;
and(b)in any other case—stated waters are
waters adjacent totheStatesthatarepartiestothearrangementorarewaters relevant to a stated State or
States.(2)Awordorexpressionusedinsubsection (1)andtheCommonwealthFisheriesActhasthesamemeaninginsubsection (1) as it has in the
Commonwealth Fisheries Act.Current as at
[Not applicable]Page 103
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 139]139Instruments for Commonwealth–State fisheries
underQueensland law(1)If,underaCommonwealth–Statearrangement,aCommonwealth–StatefisheryistobemanagedunderQueenslandlaw,aregulationmaybemadeaboutanymatter—(a)required or permitted by this Act to be
prescribed for afishery or its management; or(b)necessaryorconvenienttobeprescribedforcarryingout or giving
effect to, or enabling the carrying out orgiving effect
to, decisions made under the arrangement;or(c)if the fishery is a Joint Authority
fishery—necessary orconvenient to be prescribed for
carrying out or givingeffect to, or enabling the carrying
out or giving effect to,decisionsofthefishery’sJointAuthorityaboutthefishery or its management.(2)Subsection (1)doesnotlimittheStatutoryInstrumentsAct1992, section
22.(3)Ifanissueistobedecidedaboutwhetheraregulationordeclarationmakesprovisionaboutamatterforapurposementionedinsubsection (1)(b)or(c),itmustbepresumedthatitmakesprovisionforthepurposeintheabsenceofevidence to the contrary.Part
8EnforcementDivision
1APreliminary139AReference to document includes reference
toreproductions from electronic
documentA reference in this part to a document
includes a reference toan image or writing—Page
104Current as at [Not applicable]
Fisheries Act 1994Part 8
Enforcement[s 140](a)produced from an electronic document;
or(b)notyetproduced,butreasonablycapableofbeingproduced, from
an electronic document, with or withoutthe aid of
another article or device.Notauthorised—indicativeonlyDivision 1Inspectors140Appointment(1)The
chief executive may appoint any of the following personsas
inspectors—(a)employees of the department;(b)officers of the public service;(c)police officers;(d)other persons prescribed by
regulation.(2)The chief executive may appoint a
person (other than a policeofficer) as an
inspector only if—(a)inthechiefexecutive’sopinion,thepersonhasthenecessary expertise or experience to
be an inspector; or(b)the person has satisfactorily finished
training approvedby the chief executive.140AFunctions of inspectorsAn inspector has
the function of conducting investigations andinspections—(a)to
monitor and enforce compliance with—(i)this
Act; and(ii)theBiosecurityAct2014,sofarasitrelatestofisheries resources or fish habitats;
and(iii)thePlanningAct,sofarasitrelatestofisheriesdevelopment;
andCurrent as at [Not applicable]Page
105
Fisheries Act 1994Part 8
Enforcement[s 141](b)to
facilitate the administration of this Act, including, forexample,byhelpingthechiefexecutiveperformthechief executive’s functions under this
Act.Notauthorised—indicativeonly141Limitation of
inspector’s powersThe powers of an inspector may be
limited—(a)under a regulation; or(b)under a condition of appointment;
or(c)bywrittennoticeofthechiefexecutivegiventotheinspector.142Inspector’s conditions of appointment(1)An inspector holds office on the
conditions specified in theinstrument of
appointment.(2)An inspector—(a)if
the appointment provides for a term of appointment—ceases holding office at the end of the
term; and(b)may resign by signed notice of
resignation given to thechief executive; and(c)iftheconditionsofappointmentprovide—ceasesholding office
as an inspector on ceasing to hold anotheroffice stated in
the conditions of appointment.143Inspector’s identity card(1)The chief executive must give each
inspector an identity card.(2)The
identity card must—(a)contain a recent photograph of the
inspector; and(b)be in an approved form; and(c)be signed by the inspector; and(d)identify the person as an inspector
under this Act.Page 106Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 144](3)Apersonwhoceasestobeaninspectormustreturntheperson’s identity card to the chief
executive within 21 daysafter the person ceases to be an
inspector, unless the personhas a reasonable
excuse for not returning it.Maximum
penalty—80 penalty units.(4)This section
does not apply to an inspector who is a policeofficer.144Production or display of inspector’s
identity card(1)This section does not apply to a
police officer.(2)An inspector may exercise a power
under this Act in relationto a person only if—(a)the inspector first produces the
inspector’s identity cardfor inspection by the person;
or(b)the inspector has the inspector’s
identity card displayedso that it is clearly visible to the
person.(3)However, if for any reason, it is not
practicable to comply withsubsection (2),theinspectormustproducetheidentitycardforinspectionbythepersonatthefirstreasonableopportunity.(4)For
subsection (2), an inspector does not exercise a power inrelationtoanotherpersononlybecausetheinspectorhasentered a place as mentioned in section
145(1)(b).(5)Failure to comply with this section
does not affect the validityof the exercise
of a power under this Act.Division 2Powers of
inspectors for places,boats and vehicles145Entry
to places(1)An inspector may enter a place
if—Current as at [Not applicable]Page
107
Fisheries Act 1994Part 8
Enforcement[s 145]Notauthorised—indicativeonly(a)its occupier
consents to the entry or the purpose of theentry is to get
the occupier’s consent; or(b)it is a public
place and the entry is made when it is opento the public;
or(c)it is mentioned in an authority, a
fisheries developmentapproval or an accepted development
requirement as aplace of business, or another place,
required to be openfor inspection and the entry is made when
the place is—(i)open for the conduct of business or
otherwise openfor entry; or(ii)required under the authority, approval or
accepteddevelopmentrequirementtobeopenforinspection; or(d)the
entry is permitted by a warrant; or(e)theentryisnecessarytotakeactiontheinspectorisrequired or authorised to take under—(i)an order under this Act for the taking
and removal,or destruction, of fisheries resources;
orNote—This order is
made under section 108 (Order for takingandremoving,ordestroying,non-indigenousfisheriesresources or aquaculture fish).(ii)an order under
this Act for the taking of action tostopordelayfisheriesresourcesorplantsfromescaping; orNote—This
order is made under section 109 (Order to stop ordelayescapeofnon-indigenousfisheriesresourcesoraquaculture fish).(f)it
is premises used for trade or commerce and the entryis
made under section 145A.(2)An inspector may
also enter a place if—(a)the place is not
within a city or town under theLocalGovernment Act 2009; andPage
108Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 145A](b)the
place is not the site or curtilage of a building or otherstructure used for residential purposes;
and(c)thepurposeoftheentryistogainaccess,byadirectreasonable
route, to a body of water.(3)Inaddition,aninspectormayenteron,andpassalong,thebeds, banks or borders of a body of
water.145AEntry of premises used for trade or
commerce(1)An inspector may enter premises used
for trade or commerceto find out whether this Act is being
complied with if—(a)thetradeorcommercerelatestofisheriesresources;and(b)any of the following applies—(i)the occupier of the premises is
present;(ii)a person other
than the occupier of the premises ispresent and
conducting activities for the trade orcommerce;(iii)the premises are
otherwise open for entry; and(c)the
inspector—(i)is wearing a body-worn camera that is
working; or(ii)ifthebody-worncameraisnotworking—hasactivated an
alternative device to record images orsound, or both,
for the period of the entry.(2)Before entering premises under subsection
(1), the inspectormust give the occupier of the premises at
least 20 days noticeoftheentryunlessthegivingofnoticewoulddefeatthepurpose of the entry.146Boarding of boats and entry of vehicles
generally(1)Aninspectormayboardaboatorenteravehicleiftheboarding or entry—Current as at
[Not applicable]Page 109
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 146](a)ismadewiththeconsentoftheownerorpersonincontrol of the boat or vehicle; or(b)is permitted by a warrant; or(c)is made under subsection (2), (3) or
(5).(2)An inspector may board a boat to find
out whether this Act isbeing complied with.(3)An inspector may enter a vehicle to
find out whether this Actis being complied with if the
inspector believes, on reasonablegrounds, the
vehicle—(a)isbeing,orhasjustbeen,usedinconnectionwithafishing activity; or(b)containsfishbeingtransportedforsaleoranothercommercial
purpose.(4)Subsection (3) does not apply
to—(a)a caravan; or(b)another vehicle used, or reasonably expected
to be used,predominantlyforresidentialpurposes,includingfortemporary periods.(5)Aninspectormayboardaboatorenteravehicleiftheinspector suspects, on reasonable
grounds—(a)theboatorvehicleisbeing,orhasbeen,usedinthecommission of an
offence against this Act; or(b)theboatorvehicle,orathinginorontheboatorvehicle, may provide evidence of the
commission of anoffence against this Act.(6)In this section—fishing
activitymeans—(a)taking fish; or(b)purchasing,selling,possessingorusingfishingapparatus regulated under a regulated
fishing apparatusdeclaration.Page 110Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 146A]146AExercise of power to board boat or enter
vehicle(1)This section applies to an inspector
who may board a boat orenter a vehicle under this
division.(2)Theinspectormayboardanunattendedboatorenteranunattendedvehicleonlyif,beforeboardingtheboatorenteringthevehicle,theinspectortakesreasonablestepstoadvise the owner or person in control
of the boat or vehicle ofthe inspector’s intention to board the
boat or enter the vehicle.(3)However,theinspectormayenterasecuredpartofanunattendedboatorunattendedvehicleonlyiftheownerorperson in control of the boat or vehicle
consents to the entryor the entry is permitted by a
warrant.(4)If the inspector considers it would be
more appropriate in thecircumstances to do so, the inspector
may decide not to boarda boat or enter a vehicle and exercise
powers under this partfrom immediately alongside or outside
of the boat or vehicle.(5)An inspector who
acts under subsection (4) is taken to haveboardedtheboatorenteredthevehiclefortheexerciseofpowers under this part.147Boarding of boat, or entry of vehicle, that
is moving orabout to move(1)This
section applies if an inspector intends to board a boat orenteravehicleunderthisdivision,includingaboatthatisbeing carried or towed by a
vehicle.(2)Iftheboatorvehicleismovingorabouttomove,theinspectormaysignalthepersonincontroloftheboatorvehicle to stop the boat or vehicle or not
to move it.(3)To enable the boat to be boarded or
vehicle to be entered, theinspector may—(a)act
with necessary and reasonable help and force; and(b)requirethepersonincontroloftheboatorvehicletogive
reasonable help to the inspector.Current as at
[Not applicable]Page 111
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 148](4)A
person must obey a signal under subsection (2), unless theperson has a reasonable excuse for
disobeying it.Maximum penalty—200 penalty units.(5)Apersonmustcomplywitharequirementundersubsection (3)(b), unless the person has a
reasonable excusefor not complying with it.Maximum penalty—200 penalty units.(6)It is a reasonable excuse for a person
to disobey a signal undersubsection (2) if—(a)thepersonreasonablybelievesthattoobeythesignalimmediatelywouldhaveendangeredthepersonorsomeone else, or the boat or vehicle;
and(b)the person obeys the signal as soon as
it is practicable toobey it.148Warrants(1)Aninspectormayapplytoamagistrateforawarrantforaplace, boat or vehicle.(2)The application must be sworn and
state the grounds on whichthe warrant is sought.(3)The magistrate may refuse to consider
the application until theinspectorgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication be given by statutory
declaration.(4)The magistrate may issue a warrant
only if the magistrate issatisfied there are reasonable grounds
for suspecting—(a)there is a particular thing or
activity (theevidence) thatmay
provide evidence of the commission of an offenceagainst this Act; andPage 112Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 148A](b)the
evidence is, or may be within the next 7 days, at theplace, on the boat or in the vehicle.(5)The warrant must state—(a)a stated inspector or any inspector
may, with necessaryandreasonablehelpandforce,entertheplace,boardtheboatorenterthevehicle,andexercisetheinspector’s powers under this Act;
and(b)the evidence for which the warrant is
issued; and(c)the hours of the day when entry may be
made; and(d)the day (within 14 days after the
warrant’s issue) whenthe warrant ends.148AMonitoring warrants for abalone or
commercial fish(1)An inspector may apply to a magistrate
for a warrant underthis section for a place, other than a
place, or part of a placeusedexclusivelyasaperson’sresidence,iftheinspectorisreasonably satisfied—(a)abalone or commercial fish are at the place;
and(b)it is necessary for the inspector to
enter the place to findoutifthisActisbeingcompliedwithinrelationtoabalone or commercial fish.(2)The application must be sworn and
state the grounds on whichthe warrant is sought.(3)The magistrate may refuse to consider
the application until theinspectorgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.(4)The magistrate may issue the warrant
only if the magistrate issatisfieditisreasonablynecessarythattheinspectororanotherinspectorshouldhaveaccesstotheplacefortheCurrent as at [Not applicable]Page
113
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 148B]purpose of
finding out whether this Act is being complied within
relation to abalone or commercial fish.(5)The
warrant must state—(a)thataninspectormay,withnecessaryandreasonablehelp and
force—(i)enter, and from time to time re-enter,
the place; and(ii)exercise an
inspector’s powers under this part; and(b)the
purpose for which the warrant is sought; and(c)thehoursofthedayornightwhentheplacemaybeentered; and(d)any
conditions imposed by the magistrate; and(e)the
date, within 2 months after the warrant’s issue, thewarrant ends.Examples for
paragraph (d)—1The magistrate may limit the number of
times an inspectormay enter the place while the warrant is in
force.2Themagistratemayrequireaninspectortogivetothemagistrateinformationabouttheuseoftheinspector’spowers under the
warrant.(6)In this section—commercialfishmeansfishtakenorpossessedintradeorcommerce.148BMonitoring warrants for marine plants or
fish habitat(1)An inspector may apply to a magistrate
for a warrant underthis section for a place, other than a place
or part of a placeusedexclusivelyasaperson’sresidence,iftheinspectorissatisfied—(a)theplaceisapartofadirectreasonablerouteforgaining access to a body of water;
and(b)the body of water—(i)includes marine plants or fish habitat;
orPage 114Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 148B](ii)has
just been or is about to be used for a fishingactivity;
and(c)itisnecessaryforaninspectortoaccessthebodyofwatertofindoutifthisActisbeingcompliedwithinrelationtothemarineplantsorfishhabitatorthefishing
activity.(2)The application must be sworn and
state the grounds on whichthe warrant is sought.(3)The magistrate may refuse to consider
the application unlesstheinspectorgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.(4)The magistrate may issue the warrant
only if the magistrate issatisfied—(a)it
is reasonably necessary that the inspector or anotherinspector should have access to the body of
water to findoutifthisActisbeingcompliedwithinrelationtomarine plants or fish habitat or a fishing
activity; and(b)theplaceisapartofadirectreasonablerouteforgaining access to the body of
water.(5)The warrant must state—(a)thataninspectormay,withnecessaryandreasonablehelp and
force—(i)enter, and from time to time re-enter,
the place; and(ii)exercise an
inspector’s powers under this part; and(b)the
purpose for which the warrant is sought; and(c)thehoursofthedayornightwhentheplacemaybeentered; and(d)any
conditions imposed by the magistrate; andCurrent as at
[Not applicable]Page 115
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 149]Examples of
conditions—1The magistrate may limit the number of
times an inspectormay enter the place while the warrant is in
force.2Themagistratemayrequireaninspectortogivetothemagistrateinformationabouttheuseoftheinspector’spowers under the
warrant.(e)the date, within 2 months after the
warrant’s issue, thewarrant ends.(6)In
this section—fishing activitymeans—(a)taking, possessing or using fisheries
resources; or(b)possessingorusingfishingapparatusoraquaculturefurniture.149Electronic application(1)An
application under section 148, 148A or 148B may be madebyphone,fax,email,radio,videoconferencingoranotherform of
electronic communication if the inspector considers itnecessary because of—(a)urgent circumstances; or(b)other special circumstances, including, for
example, theinspector’s remote location.(2)The application—(a)maynotbemadebeforetheinspectorpreparesthewrittenapplicationundersection148,148Aor148B;but(b)may be made before the written
application is sworn.149AAdditional
procedure if electronic application(1)Foranapplicationmadeundersection149,themagistratemayissuethewarrant(theoriginalwarrant)onlyifthemagistrate is satisfied—Page
116Current as at [Not applicable]
Fisheries Act 1994Part 8
Enforcement[s 149A]Notauthorised—indicativeonly(a)it was necessary to make the
application under section149; and(b)thewaytheapplicationwasmadeundersection149was
appropriate.(2)After the magistrate issues the
original warrant—(a)if there is a reasonably practicable
way of immediatelygiving a copy of the warrant to the
inspector, including,forexample,bysendingacopybyfaxoremail,themagistrate must immediately give a
copy of the warrantto the inspector; or(b)otherwise—(i)themagistratemusttelltheinspectortheinformationrequiredtobestatedinthewarrantunder section 148, 148A or 148B; and(ii)theinspectormustcompleteaformofwarrant,includingbywritingonittheinformationmentioned in
subparagraph (i).(3)The copy of the warrant mentioned in
subsection (2)(a), or theform of warrant completed under
subsection (2)(b) (in eithercase theduplicate warrant), is a
duplicate of, and as effectualas, the original
warrant.(4)The inspector must, at the first
reasonable opportunity, sendto the
magistrate—(a)thewrittenapplicationcomplyingwithsection148,148A or 148B;
and(b)iftheinspectorcompletedaformofwarrantundersubsection (2)(b), the completed form of
warrant.(5)Themagistratemustkeeptheoriginalwarrantand,onreceiving the documents under subsection
(4)—(a)attach the documents to the original
warrant; and(b)give the original warrant and
documents to the clerk ofthe court of the relevant magistrates
court.(6)Despite subsection (3), if—Current as at [Not applicable]Page
117
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 149B](a)anissuearisesinaproceedingaboutwhetheranexercise of a power was authorised by a
warrant issuedunder this section; and(b)the
original warrant is not produced in evidence;the onus of
proof is on the person relying on the lawfulness ofthe
exercise of the power to prove a warrant authorised theexercise of the power.(7)This
section does not limit section 148, 148A or 148B.(8)In this section—relevant
magistrates court, in relation to a magistrate, meansthe
court that the magistrate constitutes under the MagistratesAct
1991.149BDefect in relation to a warrant(1)A warrant is not invalidated by a
defect in—(a)the warrant; or(b)compliance with this division;unlessthedefectaffectsthesubstanceofthewarrantinamaterial particular.(2)In this section—warrantincludesaduplicatewarrantmentionedinsection149A(3).150Inspector’s general powers for places,
boats and vehicles(1)Aninspectorwhoentersaplace,boardsaboatorentersavehicle under this part may—(a)search any part of the place, boat or
vehicle; or(b)examine, inspect, test, photograph or
film anything in oron the place, boat or vehicle; or(c)mark or seal a container or other
thing in or on the place,boat or vehicle; orPage
118Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 150](d)openacontaineriftheinspectorconsidersitisnecessary for
exercising a power; or(e)take samples of
or from anything in or on the place, boator vehicle;
or(f)take extracts from, or make copies of,
a document in oron the place, boat or vehicle; or(g)produceanimageorwritingfromanelectronicdocument at the
place, on the boat, or in the vehicle, or,to the extent
that is not practicable, take either or bothof the following
to another place to produce an image orwriting from an
electronic document—(i)a thing
containing an electronic document;(ii)anarticleordevicereasonablycapableofproducing an electronic document;
or(h)take into or onto the place, boat or
vehicle any persons,equipmentandmaterialstheinspectorreasonablyrequires for
exercising a power in relation to the place,boat or vehicle;
or(i)require a person in or on the place,
boat or vehicle, ortheoccupieroftheplace,togivetheinspectorreasonablehelpfortheexerciseofthepowersmentioned in paragraphs (a) to (h);
or(j)iftheinspectorboardsaboatorentersavehicle—bywritten notice
given to the person in control of the boator vehicle,
require the person—(i)to take the boat or vehicle to a
stated reasonableplace by a stated reasonable time;
and(ii)ifnecessary,toremainincontroloftheboatorvehicle at the place for a reasonable
time;to enable the inspector to exercise the
powers mentionedin paragraphs (a) to (h); or(k)iftheinspectorboardsaboatorentersavehicle—requirethepersonincontrolofboatorvehicletoCurrent as at [Not applicable]Page
119
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 150A]accompanytheinspectortoenabletheinspectortocomply with subsection (5).(2)If an inspector takes from the place,
boat or vehicle a thing,article or device for producing an
image or writing from anelectronic document, the inspector
must produce the image orwritingfromthedocumentandreturnthething,articleordevice to the place, boat or vehicle
as soon as practicable.(3)If, for any
reason, it is not practicable to make a requirementunder subsection (1)(j) by written notice,
the requirement maybemadeorallyandconfirmedbywrittennoticeassoonaspracticable.(4)Nothing in this section prevents an
inspector making a furtherrequirementundersubsection (1)(j)ofthesamepersonoranother person in relation to the same
boat or vehicle, if it isnecessary and reasonable to make the
further requirement.(5)The inspector
must not enter a part of a boat or vehicle usedonlyasalivingarea,orexerciseapowerundersubsection (1)(a)to(h)inrelationtothatpart,unlesstheinspector is accompanied by the person in
control of the boator vehicle.(6)Subsection (5) does not apply if the person
in control of theboat or vehicle is unavailable or unwilling
to accompany theinspectorortheinspectorisunableforanotherreasontocomply with the subsection.150ANo tampering with marked or sealed
container or thingA person must not unlawfully break, remove
or change a markor seal placed on a container or other thing
by an inspectorunder section 150(1)(c).Maximum
penalty—200 penalty units.150BRequirement to
comply with help requirement(1)Apersonwhoisrequiredbyaninspectorundersection150(1)(i) to
give the inspector reasonable help must complyPage 120Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 150C]withtherequirement,unlessthepersonhasareasonableexcuse.Maximum penalty—200 penalty units.(2)If the person is an individual and the
help is required to begiven by answering a question or
producing a document, it isareasonableexcuseforthepersontofailtoanswerthequestionorproducethedocumentifcomplyingwiththerequirement might tend to incriminate
the person.(3)Subsection (2) does not apply to a
requirement to produce adocument that is an authority or other
document required tobe kept by the person under this
Act.150CRequirement to take required
actionApersonwhoisrequiredbyaninspectorundersection150(1)(j) to
take action in relation to a boat or vehicle mustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—200 penalty units.151Power to seize
evidence from places etc.(1)An inspector who
enters a place or boards a boat under thispartunderawarrantmayseizetheevidenceforwhichthewarrant was issued.(2)Aninspectorwhoentersaplaceunderthispartwiththeoccupier’sconsentmayseizetheparticularthingforwhichtheentrywasmadeiftheinspectorbelievesonreasonablegrounds the
thing is evidence of an offence against this Act.(3)An inspector who enters a place or
boards a boat under thispartunderawarrant,orentersaplacewiththeoccupier’sconsent, may
also seize another thing if the inspector believeson
reasonable grounds—(a)the thing is evidence of the
commission of an offenceagainst this Act; and(b)the seizure is necessary to
prevent—Current as at [Not applicable]Page
121
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 152](i)the
concealment, loss, death or destruction of thething; or(ii)the use of the
thing in committing, continuing orrepeating the
offence.(4)Aninspectorwhoentersaplaceunderthispartotherthanunder a warrant or with the occupier’s
consent may seize athing if the inspector believes on
reasonable grounds—(a)the thing is evidence of the
commission of an offenceagainst this Act; and(b)the seizure is necessary to
prevent—(i)the concealment, loss, death or
destruction of thething; or(ii)the
use of the thing in committing, continuing orrepeating the
offence.(5)This section is in addition to, and
does not limit, the powers ofan inspector who
boards a boat without a warrant.152Power
to seize evidence after boarding a boat or enteringa
vehicleAn inspector who boards a boat or enters a
vehicle under thispart may seize—(a)a
thing in or on the boat or vehicle; or(b)the
boat or vehicle itself;iftheinspectorbelieves,onreasonablegrounds,thething,boat or vehicle
is evidence of the commission of an offenceagainst this
Act.153Additional power to seize fisheries
resources etc.(1)This section applies if an
inspector—(a)enters a place or vehicle or boards a
boat; and(b)finds fisheries resources, a
container, fishing apparatusor anything else
(thething).Page
122Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 154](2)The
inspector may seize the thing if the inspector believes, onreasonable grounds—(a)that
an offence against this Act has been committed inrelation to the thing; or(b)that the thing was used in committing
an offence againstthis Act.(3)Ifthethingisacontainer,theinspectormayseizethecontaineranditscontentsiftheinspectorbelieves,onreasonable grounds, that—(a)itcontainsfisheriesresources,fishingapparatusoranything else (thecontents);
and(b)anoffenceagainstthisActhasbeencommittedinrelation to all or some of the
contents.154Seizure of fisheries resources in heap
etc.(1)In this section—declaredfisheriesresourcesmeansfisheriesresourcesdeclared under a
regulation to be fisheries resources to whichthis section
applies.forfeiture offencemeans an offence
against this Act declaredunderaregulationtobeanoffencetowhichthissectionapplies.threshold percentagefor declared
fisheries resources meansthe percentage (which may be nil)
prescribed by regulation forthe fisheries
resources.(2)This section applies if—(a)particulardeclaredfisheriesresources(thesuspectfisheriesresources)arepartofdeclaredfisheriesresources in a heap, collection or
container; and(b)an inspector believes, on reasonable
grounds, that—(i)a forfeiture offence has been
committed in relationto the suspect fisheries resources;
andCurrent as at [Not applicable]Page
123
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 155](ii)theweightornumberofthesuspectfisheriesresourcesexpressedasapercentageofthetotalweightornumberofthedeclaredfisheriesresourcesintheheap,collectionorcontainerismore
than the threshold percentage for the fisheriesresources.Examples of
heap, collection or container—1a
freezer on a boat stocked with a large quantity of frozenscallops2fish
in a processing establishment where, because of thequantity of the fish, it is impracticable to
count the fish of aparticular species or typeExamples of the ways an inspector may form a
belief on reasonablegrounds—a statistical
test or random sampling of the declared fisheriesresources in the heap, collection or
container(3)The inspector may seize all the
fisheries resources in the heap,collection or
container and, if the fisheries resources are in acontainer, the container.(4)If a person is later convicted of a
forfeiture offence in relationto the suspect
fisheries resources, then, for the purposes of theforfeiture of the fisheries resources in the
heap, collection orcontainer,allofthosefisheriesresourcesaretakentobefisheries resources the subject of the
offence.155Power to seize explosives etc.(1)If—(a)an
inspector finds a person on a boat, a foreshore, or abed,
bank or border of a body of water; and(b)the
person is in possession of an explosive, powerheadorotherexplosivepropelledmissile,firearm,noxioussubstance,ordevicethatcreatesanelectricalfieldinwaters or on land, (thesuspect thing); and(c)theinspectorbelieves,onreasonablegrounds,thesuspect thing has just been used, or
is just about to beused, to commit an offence against this
Act;Page 124Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 156]the inspector
may seize the suspect thing.(2)This
section is in addition to, and does not limit, any otherseizure powers of an inspector.156Powers in support of seizure(1)Thissectionappliesifaninspectorispermittedtoseizeaboat, vehicle or anything else.(2)Toenabletheboat,vehicleorotherthingtobeseized,aninspector may, by written notice given
to the person in controlof the boat, vehicle or thing, require
the person—(a)to take it to a specified reasonable
place by a specifiedreasonable time; and(b)if necessary, to remain in control of
it at the place for areasonable time.(3)If,
for any reason, it is not practicable to make the
requirementby a written notice, the requirement may be
made orally andconfirmed by written notice as soon as
practicable.(4)A person must comply with a
requirement under this section,unless the
person has a reasonable excuse for not complyingwith
it.Maximum penalty—200 penalty units.(5)Nothing in this section prevents an
inspector making a furtherrequirement under this section of the
same person or anotherperson in relation to the same boat,
vehicle or thing, if it isnecessary and reasonable to make the
further requirement.Current as at [Not applicable]Page
125
Fisheries Act 1994Part 8
Enforcement[s 157]Division 3Procedures after seizureNotauthorised—indicativeonlySubdivision 1General157Receipt to be given(1)Assoonaspracticableafterathing(includingaboatorvehicle) is seized by an inspector under
this Act, the inspectormustgiveareceiptforittothepersonfromwhomitwasseized.(2)The
receipt must describe generally the condition of the thingseizedand,ifmorethan1thingisseized,mustincludeaninventory or general description of
them.(3)If,foranyreason,itisnotpracticabletocomplywithsubsection (1), the inspector must—(a)leave the receipt at the place where
the thing is seized;and(b)ensure the receipt is left in a reasonably
secure way in aconspicuous position.(4)This
section does not apply if—(a)it is not
practicable to comply with subsection (1) or (3);and(b)theownerofthethingcannotbedecidedafterreasonable
inquiries or, having regard to its value, it isnot reasonable
to make inquiries about its owner.Example of
subsection (4)—An inspector seizes an unattended crab pot
or net that the inspectorfinds in a creek.158Inspector to allow inspection etc.Until a seized thing is forfeited, returned
or otherwise finallydealt with under this Act, an
inspector must allow a personwho would be
entitled to possession of it, if it had not beenseized, to inspect it and, if it is a
document, make copies of it.Page 126Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 159]159Inspector may dispose of fisheries resources
takenunlawfully(1)This
section applies if fisheries resources are seized under thisAct
and an inspector believes, on reasonable grounds, that thefisheries resources have been taken
unlawfully.(2)Ifthefisheriesresourcesarealive,theinspectormayimmediatelyreturnthemtothewildor,ifappropriate,theplace from which they were taken.(3)If the fisheries resources are dead
and the inspector believes,on reasonable
grounds, that they are putrid, unfit for sale, ofnovalueorofinsufficientvaluetojustifytheirsale,theinspector may immediately dispose of the
fisheries resourcesin a way decided by the inspector.160When seized fisheries resources become
property ofState(1)This
section applies if fish are seized under this Act and arenot
immediately returned to the wild or otherwise disposed ofby
an inspector under this subdivision.(2)However, this section stops applying if the
fisheries resourcesare sold under section 160A.(3)The fisheries resources become the
property of the State if—(a)theirseizureisnotthesubjectofanappealtoaMagistrates
Court within 7 days after their seizure; or(b)their seizure is the subject of an appeal to
a MagistratesCourt within 7 days after their seizure, but
the seizure isconfirmed on appeal; or(c)thechiefexecutiveandtheownerofthefisheriesresources agree, in writing, that the
fisheries resourcesshould become the chief executive’s
property.(4)IffisheriesresourcesthatbecomethepropertyoftheStateunder this
section have a market value and it is practicable tosell
them, the chief executive must sell them in a reasonableway
decided by the chief executive or in a way agreed withthe
owner of the fisheries resources.Current as at
[Not applicable]Page 127
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 160A](5)If
the fisheries resources do not have a market value or it is
notpracticable to sell them, the chief
executive may dispose ofthem in any reasonable way decided by
the chief executive orin a way agreed with the owner of the
fisheries resources.(6)However, if the
fisheries resources are not fish that were livewhentheywereseizedandtheseizureofthefisheriesresources is the
subject of an appeal to a Magistrates Court,thecourtmaygivedirectionsabouthowthefisheriesresourcesaretobesoldordisposedof,whetherornotitconfirms the
seizure.160AChief executive’s power to sell
particular live seized fish(1)This
section applies if—(a)seizedfisheriesresourcesmentionedinsection 160(1)were live fish
when they were seized; and(b)thefishhavenot,undersection 160,becometheproperty of the State.(2)Thechiefexecutivemaysellthefishatanytimeaftertheseizure as if the fish were the
property of the State.(3)However,thesalemustbecarriedoutinareasonablewaydecided by the chief executive or in a way
agreed with theowner of the fish.(4)Also,untiltheendoftheperiodunder163(2),thechiefexecutive must
hold the net proceeds of the sale on trust forwhoeverwill,underthatsection,beentitledtothenetproceeds.161Chief executive may return seized
things etc.(1)The chief executive may return
anything seized under this Actto its
owner.(2)IffisheriesresourcesseizedunderthisActaresoldbythechiefexecutive,thechiefexecutivemayreturnthenetproceeds of sale to the owner of the
fisheries resources.Page 128Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 162](3)The
chief executive may return the thing or net proceeds ofsale
to its owner on conditions, including conditions to ensurethatthethingornetproceedsofsaleareavailableforforfeiture.(4)IfthethingornetproceedsofsalearenotorderedtobeforfeitedtotheState,thechiefexecutivemustreturnanypropertyorsecuritytakenbythechiefexecutiveunderacondition imposed under subsection (3)
at the end of—(a)6 months after the seizure; or(b)ifaprosecutionforanoffenceinvolvingthethingorfisheries resources is started within the 6
months—theprosecutionfortheoffenceandanyappealfromtheprosecution.162Obligation to return seized things (other
than fisheriesresources)(1)This
section applies if a thing (other than fisheries resources)is
seized under this Act.(2)The chief
executive must return the seized thing to its ownerat
the end of—(a)6 months; or(b)ifaprosecutionforanoffenceinvolvingthethingisstartedwithinthe6months—theprosecutionfortheoffence and any appeal from the
prosecution.(3)Despitesubsection
(2),thechiefexecutivemustreturntheseized thing to its owner immediately
if the chief executive isnot satisfied or stops being satisfied
its retention as evidence isnecessary.(4)However, the chief executive may keep the
seized thing if thechief executive believes, on reasonable
grounds, the thing isliable to forfeiture under this
Act.(5)This section does not require the
return of the thing if a courthas ordered that
the thing be forfeited to the State.Current as at
[Not applicable]Page 129
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 163]163Obligation to pay net proceeds of sale of
fisheriesresources(1)This
section applies if—(a)fisheries resources are seized under
this Act; and(b)the fisheries resources—(i)are sold after becoming property of
the State; or(ii)are fish that
have been sold under section 160A.(2)The
chief executive must pay the net proceeds of sale to theowner of the fisheries resources at the end
of—(a)6 months; or(b)ifaprosecutionforanoffenceinvolvingthefisheriesresourcesisstartedwithinthe6months—theprosecutionfortheoffenceandanyappealfromtheprosecution.(3)This
section does not require the payment of the net proceedsof
sale if a court has—(a)confirmed the
seizure; or(b)ordered that the net proceeds of sale
be forfeited to theState.164Chief
executive may order forfeiture of particular things(1)This section applies if—(a)a thing is seized under this Act;
and(b)the owner of the thing can not be
found after reasonableinquiriesor,havingregardtoitsvalue,itisnotreasonable to make inquiries about its
owner.(2)This section also applies if—(a)a thing is seized under this Act;
and(b)thethingcontravenesthisActorotherfisherieslegislation, but
a prosecution involving the thing is notstarted.Page
130Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 165]Example of
subsection (2)—fishing apparatus of illegal
dimensions(3)In addition, this section also applies
if—(a)a thing is seized under this Act;
and(b)thechiefexecutiveisunable,aftermakingreasonableefforts, to
return the thing to its owner.(4)The
chief executive may order the forfeiture of the thing to theState.Subdivision
2Appeal against seizure of fisheriesresources165Where
and how to start appeal(1)Apersonwhosefisheriesresourceshavebeenseizedunderthis
Act may appeal to the Magistrates Court nearest wherethe
fisheries resources were seized.(2)However, the person may not appeal, and any
appeal alreadystarted by the person lapses, if the
fisheries resources becomethe property of the State.(3)Also, the person may not appeal if the
fisheries resources arereturned to the wild under section
159(2).(4)The appeal is started by—(a)filingawrittennoticeofappealwiththeclerkofthecourt of the Magistrates Court;
and(b)giving a copy of the notice to the
chief executive.(5)Without limiting subsection (4)(b),
the chief executive is givenacopyofthenoticeifacopyisgiventotheinspectorwhoseized the fisheries resources.(6)The notice of appeal must state the
grounds of the appeal.Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 166]166Hearing procedures(1)ThepowertomakerulesofcourtundertheMagistratesCourtsAct1921includespowertomakerulesofcourtforappeals to Magistrates Courts under this
Act.(2)The procedure for an appeal to a
Magistrates Court under thisAct is to
be—(a)in accordance with the rules made
under theMagistratesCourts Act
1921; or(b)intheabsenceofrelevantrules,asdirectedbyamagistrate.(3)In
deciding the appeal, the Magistrates Court—(a)is
not bound by the rules of evidence; and(b)must
observe natural justice; and(c)may
hear the appeal in court or chambers.167Powers of Magistrates Court on appealIn
deciding the appeal, the Magistrates Court may—(a)confirm the seizure of the fisheries
resources; or(b)set aside the seizure and order the
return of the fisheriesresources.168Court
may give directions about disposal of seizedfisheries
resourcesIf the Magistrates Court confirms the
seizure, it may direct thechiefexecutivehowtosellorotherwisedisposeofthefisheries
resources.169Appeal to District Court on questions
of law onlyA party dissatisfied by the decision of the
Magistrates Courtmay appeal to the District Court, but only
on a question oflaw.Page 132Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 4Fisheries Act
1994Part 8 Enforcement[s 170]Other enforcement powers ofinspectors170Power
to stop persons(1)An inspector may require a person to
stop, and not to move onuntil permitted by the inspector, if
the inspector—(a)finds the person committing an offence
against this Act;or(b)findsthepersonincircumstancesthatlead,orhasinformationthatleads,theinspectortosuspectonreasonablegroundsthepersonhasjustcommittedanoffence against this Act.(2)The inspector may require the person
not to move on only foras long as is reasonably necessary for
the inspector to exercisethe inspector’s powers under this Act
in relation to the person.(3)Apersonmustcomplywitharequirementundersubsection (1), unless the person has a
reasonable excuse fornot complying with it.Maximum penalty for subsection (3)—200
penalty units.171Power to require name and
address(1)An inspector may require a person to
state the person’s nameand address if the inspector—(a)finds the person committing an offence
against this Act;or(b)findsthepersonincircumstancesthatlead,orhasinformationthatleads,theinspectortosuspectonreasonablegroundsthepersonhasjustcommittedanoffence against this Act.(2)When making the requirement, the
inspector must warn theperson it is an offence to fail to
state the person’s name andaddress, unless
the person has a reasonable excuse.Current as at
[Not applicable]Page 133
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 172](3)The
inspector may require the person to give evidence of thecorrectnessoftheperson’sstatednameoraddressiftheinspector suspects, on reasonable
grounds, the stated name oraddress is
false.(4)A person must comply with an
inspector’s requirement undersubsection
(1)or(3),unlessthepersonhasareasonableexcuse for not
complying with it.Maximum penalty—200 penalty units.(5)The person does not commit an offence
against this sectionif—(a)theinspectorrequiredthepersontostatetheperson’snameandaddressonsuspicionofthepersonhavingcommitted an offence against this Act;
and(b)the person is not proved to have
committed the offence.172Power to require
information from certain persons(1)Thissectionappliesifaninspectorsuspects,onreasonablegrounds,
that—(a)an offence against this Act has been
committed; and(b)apersonmaybeabletogiveinformationabouttheoffence.(2)Theinspectormayrequirethepersontogiveinformationabout the
offence.(3)When making the requirement, the
inspector must warn theperson it is an offence to fail to
give the information, unlessthe person has a
reasonable excuse.(4)Thepersonmustcomplywiththerequirement,unlesstheperson has a reasonable excuse for not
complying with it.Maximum penalty—200 penalty units.(5)Itisareasonableexcuseforthepersontofailtogiveinformationifgivingtheinformationmighttendtoincriminate the person.Page 134Current as at [Not applicable]
Fisheries Act 1994Part 8
Enforcement[s 173](6)The
person does not commit an offence against this section ifthe
information sought by the inspector is not in fact relevantto
the offence.Notauthorised—indicativeonly173Power to require production of
documents(1)Aninspectormayrequireapersontoproduceforinspection—(a)a
document required to be kept by the person under thisAct;
or(b)ifthepersonisengagedinthebusinessofbuyingorsellingfisheriesresourcesbywholesaleorretail—adocumentaboutthebuyingorsellingoffisheriesresources in the
person’s possession; or(c)if a document
required to be kept by the person underthis Act is
stored or recorded by means of a device—adocumentthatisaclearwrittenreproductionofthestored or recorded document.(2)A person required under this Act to
have a document availableforimmediateinspectionmustproduceitimmediatelyforinspection by the inspector or someone else
specified by theinspector, unless the person has a
reasonable excuse for notproducing it.Maximum
penalty—500 penalty units.(3)In any other
case, a person required under this Act to keep adocument must produce it immediately, or
within a reasonabletime allowed by the inspector, for
inspection by the inspectoror someone else
specified by the inspector, unless the personhas a reasonable
excuse for not producing it.Maximum
penalty—200 penalty units.(4)The inspector
may keep the document to make a copy of it.(5)The
inspector must return the document to the person as soonas
practicable after making the copy.(6)For
an electronic document, compliance with a requirementundersubsection(1)requiresthemakingavailableorCurrent as at [Not applicable]Page
135
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 173A]productionofaclearwrittenreproductionoftheelectronicdocument.173APower relating to fishing apparatus in
water(1)Thissectionappliesifaninspectorsuspects,onreasonablegrounds, that an
offence against this Act has been, or is being,committed by a
person in relation to fishing apparatus that isin the
water.(2)The inspector may require the person
to haul, pull, draw orreelinthefishingapparatus,orotherwisebringthefishingapparatus onto a
boat or land.(3)Whenmakingtherequirement,theinspectormustwarntheperson it is an offence to fail to comply
with the requirement,unless the person has a reasonable
excuse.(4)Thepersonmustcomplywiththerequirement,unlesstheperson has a reasonable excuse.Maximum penalty—200 penalty units.173BAdditional power of police officer for
executing warrant(1)This section applies to a police
officer who—(a)isaninspectorexercisingpowersunderawarrantissued under
this Act; or(b)ishelpinganinspector,whoisnotapoliceofficer,exercise powers under a warrant issued under
this Act.(2)Ifthepoliceofficersuspects,onreasonablegrounds,thepresenceofapersonplacesthesafetyofaninspectororapoliceofficeratrisk,thepoliceofficermaydirecttheperson—(a)to
remain in a stated position at the place or on the boator
in the vehicle where the powers are being exercised,whilethepoliceofficeroraninspectorexercisesthepowers; orPage 136Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 173C](b)to
accompany the police officer while the police officeror
an inspector exercises the powers; or(c)to
leave the place, boat or vehicle where the powers arebeingexercisedandnotreturntotheplace,boatorvehiclewhilethepoliceofficeroraninspectorisexercising the powers.(3)Whengivingthedirection,thepoliceofficermustwarnthepersonitisanoffencetofailtocomplywiththedirection,unless the
person has a reasonable excuse.(4)Adirectiongivenunderthissectionistakentohavebeengiven under the Police Powers and
Responsibilities Act 2000for the purposes of section 791 of
that Act.(5)If an inspector who is not a police
officer asks a police officerto help exercise
powers under a warrant issued under this Act,the inspector
must explain to the police officer the powers thepolice officer has under this
section.Division 4AObtaining
criminal history reports173CPurpose of
divisionThe purpose of this division is to help an
inspector to decidewhether the inspector’s entry of a place,
boat or vehicle underthispartwouldcreateanunacceptablelevelofrisktotheinspector’s safety.173DDefinitions for divisionIn
this division—criminal history,foraperson,meanstheperson’scriminalhistory as defined under the Criminal Law
(Rehabilitation ofOffenders) Act 1986, other than spent
convictions.spent convictionmeans a
conviction—Current as at [Not applicable]Page
137
Fisheries Act 1994Part 8
Enforcement[s 173E](a)for
which the rehabilitation period under the CriminalLaw
(Rehabilitation of Offenders) Act 1986 has expiredunder that Act; and(b)thatisnotrevivedasprescribedbysection11ofthatAct.Notauthorised—indicativeonly173EChief executive
may obtain criminal history report(1)Thissectionappliesifaninspectorsuspects,onreasonablegrounds, a
person—(a)maybepresentataplace,boatorvehiclewhentheinspectorenterstheplace,boatorvehicleunderthispart; and(b)maycreateanunacceptablelevelofrisktotheinspector’s safety.(2)Thechiefexecutivemayaskthecommissionerofthepoliceservice for a
written report about the criminal history of theperson that includes a brief description of
the circumstancesof a conviction mentioned in the criminal
history.(3)The commissioner of the police service
must comply with therequest.(4)However, the duty to comply applies only to
information in thecommissioner’s possession or to which the
commissioner hasaccess.(5)The
chief executive must examine the report and identify, totheextentitisreasonablypracticabletodoso,offencesinvolvingconduct,behaviourorcircumstancesthatsuggesttheperson’spresenceattheplace,boatorvehiclemayendanger the inspector’s safety.(6)The chief executive may give the
inspector information in thereport about the
offences identified under subsection (5).(7)Thechiefexecutivemustensurethereport,andanyinformation in the report given to an
inspector in writing, isdestroyed as soon as practicable after
the report is no longerneeded for the purpose for which it
was requested.Page 138Current as at
[Not applicable]
Division 5Fisheries Act
1994Part 8 Enforcement[s 174]Other enforcement mattersNotauthorised—indicativeonly174Orders against persistent
offenders(1)This section applies if—(a)a person is convicted of a serious
fisheries offence; and(b)thepersonhasbeenconvictedofthesame,oradifferent,
serious fisheries offence at least 2 other timesin
the previous 5 years.(2)Ifthecourtconvictingthepersonconsidersitnecessarytostopthepersonfromcommittingfurtherseriousfisheriesoffences, the court may make an
order—(a)prohibitingthepersonfromcarryingoutaparticularactivity
relating to fishing; orExamples of order under paragraph
(a)—•an order prohibiting a person from
fishing•anorderprohibitingapersonfrompossessingfishingapparatus(b)prohibitingthepersonfromcarryingoutaparticularactivityrelatingtofishingexceptinparticularcircumstances;
orExample of order under paragraph (b)—an
order prohibiting a person from fishing unless the person
usesa boat installed with vessel tracking
equipment that is workingproperly and the details of which have
been given to the chiefexecutive(c)any
other order the court considers appropriate.(3)Apersonmustnotcontraveneanordermadeundersubsection
(2).Maximumpenalty—3,000penaltyunitsor2yearsimprisonment.174ARecovery of particular costs of
investigation(1)This section applies if—Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 175](a)a
court convicts a person of an offence against this Act;and(b)thechiefexecutiveappliestothecourtforanorderagainstthepersonforthepaymentofparticularcostsincurred by the State for the investigation
of the offence;and(c)the court finds
the costs—(i)werenot,andcouldnotreasonablyhavebeen,expected to be
incurred for the investigation of theoffence;
and(ii)were reasonably
incurred.(2)The court may order the person to pay
the State an amountequal to the costs if it is satisfied it
would be just to make theorder in the circumstances of the
particular case.(3)Indecidingwhethertomaketheorder,thecourtmusthaveregard
to—(a)theextenttowhichtheperson’sconductduringtheinvestigationcontributedtothecostsbeingincurred;and(b)whether the offence was committed,
wholly or partly, fora commercial purpose; and(c)any other relevant matter.(4)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992 or another
law.(5)Anapplicationtoacourtunderthissection,andanyordermadebythecourtontheapplication,isajudgmentinthecourt’s civil jurisdiction.(6)Any issue is to be decided on the
balance of probabilities.175False or
misleading information(1)A person must
not—Page 140Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 176](a)state anything to the chief executive or an
inspector thepersonknowsisfalseormisleadinginamaterialparticular;
or(b)omit from a statement made to the
chief executive or aninspector anything without which the
statement is, to theperson’s knowledge, misleading in a
material particular.Maximum penalty—500 penalty
units.(2)Acomplaintagainstapersonforanoffenceagainstsubsection (1)(a) or (b) is sufficient if it
states the statementmade was false or misleading to the
person’s knowledge.176False, misleading or incomplete
documents(1)A person must not give the chief
executive or an inspector adocument
containing information the person knows is false,misleading or incomplete in a material
particular.Maximum penalty—500 penalty units.(2)Subsection (1) does not apply to a
person who, when givingthe document—(a)informs the chief executive or inspector, to
the best oftheperson’sability,howitisfalse,misleadingorincomplete; and(b)gives the correct information to the chief
executive orinspector if the person has, or can
reasonably obtain, thecorrect information.(3)Acomplaintagainstapersonforanoffenceagainstsubsection (1) is sufficient if it states
the document was false,misleading or incomplete to the
person’s knowledge.177Forfeiture on conviction(1)On the conviction of a person for an
offence against this Act,the court may order the forfeiture to
the State of any of thefollowing—Current as at
[Not applicable]Page 141
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 178](a)anything (including a boat or vehicle) used
to committhe offence;(b)fisheries resources the subject of the
offence or, if thefisheriesresourceshavebeensoldbythechiefexecutive, the
net proceeds of sale;(c)anything else
the subject of the offence.(2)The
court may make an order under subsection (1) in relationto a
thing or fisheries resources—(a)whether or not the thing or fisheries
resources have beenseized under this Act; and(b)ifthethingorfisheriesresourceshavebeenseized—whether or not
the thing or fisheries resources have beenreturned to its
or their owner.(3)The court may make any order to
enforce the forfeiture that itconsiders
appropriate.(4)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
any other law.178Dealing with forfeited things(1)On the forfeiture of a thing
(including fisheries resources ornet proceeds of
sale), the thing becomes the property of theState and may be
dealt with by the chief executive as the chiefexecutive
considers appropriate.(2)Without limiting
subsection (1), the chief executive may—(a)sell
it to its previous owner or a person who had a legalor
beneficial interest in it; or(b)sell
it to anyone else (by auction, tender or otherwise);or(c)destroy it or
give it away.Page 142Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 179]179Compensation(1)A
person may claim compensation from the chief executive ifthe
person incurs loss or expense because of the exercise orpurported exercise of a power under this
part.(2)Payment of compensation may be claimed
and ordered in aproceeding for—(a)compensationbroughtinacourtofcompetentjurisdiction;
or(b)an offence against this Act brought
against the personmaking the claim for compensation.(3)A court may order the payment of
compensation for the lossor expense only if it is satisfied it
is just to make the order inthe
circumstances of the particular case.(4)However, the court may not order payment of
compensationforthelawfulseizure,orlawfulseizureandforfeiture,ofanything under this part.180Inspector to give notice of
damage(1)An inspector who, in the exercise or
purported exercise of apowerunderthispart,damagesanythingmustimmediatelygive written
notice of the particulars of the damage.(2)The
notice must be given to—(a)for damage to a
boat or vehicle or a thing on a boat orvehicle—the
person in control of the boat or vehicle; or(b)for
damage to anything else—the person who appears tothe
inspector to be the owner of the thing.(3)If,foranyreason,itisnotpracticabletocomplywithsubsection (2), the inspector must—(a)leavethenoticeattheplacewherethedamagehappened;
and(b)ensure the notice is left in a
reasonably secure way andin a conspicuous position.(4)This section does not apply to a
police officer.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 181]181Consent to entry(1)This
section applies if an inspector intends to seek the consentof
an occupier of a place to an inspector entering the placeunder this part.(2)This
section also applies if an inspector intends to seek theconsentoftheownerorpersonincontrolofanunattendedboat to an
inspector entering a secured part of the boat underthis
part.(3)Beforeseekingtheconsent,theinspectormustinformtheoccupier, owner or other person (theperson)—(a)of the purpose of the search;
and(b)that anything seized during the search
may be used inevidence in court; and(c)that
the person is not required to consent.(4)If
the consent is given, the inspector may ask the person tosign
an acknowledgement of the consent.(5)The
acknowledgement must—(a)state the person
was informed—(i)of the purpose of the search;
and(ii)that anything
seized during the search may be usedin evidence in
court; and(iii)that the person
was not required to consent; and(b)statethepersongavetheinspectorconsentunderthispart—(i)to
enter the place or secured part of the boat; and(ii)to exercise
powers under this Act; and(c)state the time
and date the consent was given.(6)Ifthepersonsignsanacknowledgementofconsent,theinspector must immediately give a copy to
the person.Page 144Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 181A]181AUse
of body-worn cameras(1)Itislawfulforaninspectortouseabody-worncameratorecordimagesorsoundswhile the
inspector is exercising apower under this part.(2)Use of a body-worn camera by an
inspector under subsection(1) includes use that is—(a)inadvertent or unexpected; or(b)incidental to use while exercising the
inspector’s power.(3)Subsection (1) does not affect an
ability the inspector has atcommon law or
under fisheries legislation or another Act torecord images or
sounds.(4)Toremoveanydoubt,itisdeclaredthatsubsection(1)isaprovisionauthorisingtheusebyaninspectorofalisteningdevice, for the
purposes of the Invasion of Privacy Act 1971,section
43(2)(d).182Obstruction etc. of inspector(1)A person must not obstruct an
inspector in the exercise of apower, unless
the person has a reasonable excuse.Maximum
penalty—1000 penalty units.(2)In
this section—obstructincludes
assault, hinder, resist and attempt or threatento
obstruct.183Impersonation of inspectorA
person must not pretend to be an inspector.Maximum
penalty—1000 penalty units.Current as at
[Not applicable]Page 145
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 184]Division 6Evidence184Evidentiary provisions(1)This
section applies to a proceeding under this Act or otherfisheries legislation.(2)The
appointment or power of an inspector must be presumedunless a party, by reasonable notice,
requires proof of—(a)the appointment; or(b)the inspector’s power to do anything
under this Act.(3)Asignaturepurportingtobethesignatureofthechiefexecutiveoraninspectorisevidenceofthesignatureitpurports to be.(4)A
certificate purporting to be signed by a person mentioned insubsection (3)andstatinganyofthefollowingmattersisevidence of the matter—(a)a
stated document is—(i)an authority or a copy of an
authority; or(ii)anorder,direction,requirementordecision,oracopyofanorderdirection,requirementordecision, given or made under this Act;
or(iii)anotice,oracopyofanotice,givenunderthisAct;
or(iv)a record, or a
copy of a record, kept under this Act;or(v)a document, or a copy of a document,
kept underthis Act; or(vi)adecision,oracopyofadecision,madebythechief executive,
under the Planning Act;(b)on a stated day,
or during a stated period, a stated personwasorwasnottheholderofanauthorityorastatedauthority;Page 146Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 8
Enforcement[s 184](c)a
stated authority was or was not in force on a stated dayor
during a stated period;(d)on a stated day,
an authority—(i)was suspended for a stated period;
or(ii)was
cancelled;(e)onastatedday,astatedpersonwasgivenastatednotice, order,
requirement or direction under this Act;(f)astatedfeeorotheramountispayablebyastatedperson to the
chief executive and has not been paid;(g)anything else prescribed by
regulation.(5)A certificate signed by a person
mentioned in subsection (3)stating that the
person used stated equipment to retrieve data,sent from the
approved vessel tracking equipment for a statedboat, that
recorded the equipment’s position to be at a statedplace at a stated time on a stated day is
evidence that the boatwas at the place at the time on the
day.(6)A single certificate may be issued for
data sent at more than 1time on a day or on more than 1
day.Example for subsections (5) and (6)—An
inspector signs a certificate stating that, on 21 January 2004,
theinspector, using ABC equipment retrieved
data, sent from the approvedvessel tracking
equipment for XYZ boat, that recorded the equipment’sposition to be—(a)atlatitude24º33'07"southandlongitude152º57'25"eastat9.30a.m. on 1 January 2002; and(b)atlatitude24º28'00"southandlongitude152º55'32"eastat12.45p.m. on 5 January 2002.The
inspector’s certificate is evidence the XYZ boat was at the
placesstated in paragraphs (a) and (b) at the
times and on the days stated.(7)If
it is relevant to establish a person took fish, evidence
thatthe person possessed the fish at any time is
evidence that theperson took the fish.Current as at
[Not applicable]Page 147
Notauthorised—indicativeonlyFisheries Act 1994Part 9 Interstate
agreements[s 185]Part 9Interstate agreements185Power to enter into agreements(1)TheMinistermayenterintoanagreementwithaMinisteradministering a
law of another State about fishing, fisheriesresourcesorfishhabitat,forthepurposeofcooperationinachieving the purposes of this Act or the
purposes (howevercalled) of the law of the other
State.(2)The agreement may provide for—(a)the exercise of powers under this Act
in the other State;and(b)the exercise in
Queensland of powers under the law ofthe other State;
and(c)theexchangeofinformationbetweentheMinisterandthe
Minister of the other State about—(i)anyactiontakenunderthisActorthelawoftheotherStateinrelationtofishing,fisheriesresources or fish habitat; and(ii)anyinformationinrelationtofishing,fisheriesresources or fish habitat obtained under
this Act orthe law of the other State, other than
confidentialinformation.(3)In
this section—confidentialinformationmeansinformationtheconfidentiality of which must be maintained
under an Act, or alaw of the Commonwealth or another
State.186Reciprocal powers(1)This
section has effect in relation to another State if—(a)theMinisterhasenteredintoanagreementundersection 185 with a Minister of the other
State; andPage 148Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 9 Interstate
agreements[s 186](b)alawoftheotherStatecontainsaprovisioncorresponding,orsubstantiallycorresponding,tothissection.(2)To the extent envisaged by the
agreement—(a)aninspectormay,inQueenslandortheotherState,exercise a power in relation to a fisheries
matter that isconferred on—(i)inspectors under this Act; or(ii)interstateofficersunder alawoftheotherState;and(b)aninterstateofficermay,inQueenslandortheotherState, exercise
a power in relation to a fisheries matterthat is
conferred on—(i)interstate officers under a law of the
other State; or(ii)inspectors under
this Act.(3)Anythingdoneoromittedtobedonebyaninspectorundersubsection (2)(a) is taken to have been done
under this Act aswell as under the law of the other
State.(4)A regulation may make provision for
the exercise of a powerunder this section.(5)In this section—fisheriesmattermeansfishing,fisheriesresourcesorfishhabitat.interstateofficermeansapersonwhoholdsaposition,however called,
equivalent to an inspector under a law of theother
State.Current as at [Not applicable]Page
149
Notauthorised—indicativeonlyFisheries Act 1994Part 10 Review of
decisions[s 187]Part 10Review of decisionsDivision 1Preliminary187Definitions for partIn this
part—affected personmeans—(a)foranoriginaldecisionmentionedinthedefinitionoriginal
decision, paragraph (a)—a person who must begivenaninformationnoticeunderthisActforthedecision; or(b)foranoriginaldecisionmentionedinthedefinitionoriginaldecision,paragraph(b)—thepersonofwhomthe requirement
is made; or(c)for an internal review decision—the
person who appliedfor the internal review.internal
review, of an original decision, see section
189(1).internal review decisionmeans a decision
made, or taken tohavebeenmade,undersection191onanapplicationforinternal review of an original
decision.original decisionmeans—(a)adecisionforwhichaninformationnoticemustbegiven under this Act; or(b)a
requirement made by the chief executive under section118(1).QCATinformationnotice,foraninternalreviewdecision,means a notice
complying with the QCAT Act, section 157(2).Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2Internal
reviewFisheries Act 1994Part 10 Review of
decisions[s 188]188Review process must start with internal
reviewAnaffectedpersonforanoriginaldecisionmayapplytoQCATforareviewofthedecisiononlyifadecisiononanapplication for
internal review of the decision has been made,or taken to have
been made, under this division.189Who
may apply for internal review(1)An
affected person for an original decision may apply to thechief executive for a review of the decision
under this division(aninternal review).(2)Iftheaffectedpersonhasnotbeengivenaninformationnotice for the
original decision, the affected person may askthe chief
executive for an information notice for the decision.(3)A failure by the chief executive to
give the affected person aninformation
notice for the original decision does not limit orotherwiseaffecttheperson’srighttoapplyforaninternalreview of the
decision.190Requirements for application(1)Anapplicationforinternalreviewofanoriginaldecisionmust—(a)be in the approved form; and(b)for a person who has been given an
information noticefor the decision—include enough information
to enablethe chief executive to decide the
application; and(c)be made to the chief executive
within—(i)forapersonwhohasbeengivenaninformationnotice for the
decision—28 days after the day theperson is given
the notice; orCurrent as at [Not applicable]Page
151
Notauthorised—indicativeonlyFisheries Act 1994Part 10 Review of
decisions[s 191](ii)forapersonwhohasnotbeengivenaninformation notice for the decision—28
days afterthe day the person becomes aware of the
decision.(2)The chief executive may, at any time,
extend the period withinwhich the application may be
made.(3)The application does not affect the
operation of the originaldecision or prevent the decision being
implemented.191Internal review(1)Thechiefexecutivemust,within20daysafterreceivinganapplication for internal review of an
original decision—(a)review the original decision;
and(b)decide to—(i)confirm the original decision; or(ii)amend the
original decision; or(iii)substituteanotherdecisionfortheoriginaldecision;
and(c)givetheaffectedpersonfortheoriginaldecisionaQCATinformationnoticeforthechiefexecutive’sdecision under
paragraph (b).(2)Thechiefexecutiveandtheaffectedpersonmay,beforetheperiod stated in subsection (1) ends,
agree to a longer periodfor the chief executive to comply with
the subsection.(3)The application may be dealt with only
by a person who—(a)did not make the original decision;
and(b)holds a more senior office than the
person who made theoriginal decision.(4)Subsection (3) does not apply to an original
decision made bythe chief executive personally.(5)IfthechiefexecutivedoesnotgivetheaffectedpersonaQCATinformationnoticewithintheperiodrequiredunderPage 152Current as at [Not applicable]
Fisheries Act 1994Part 11
Miscellaneous[s 192]subsection (1)
or a longer period agreed under subsection (2),the chief
executive is taken to confirm the original decision.Notauthorised—indicativeonlyDivision 3External
review192Applying for external review(1)This section applies to a person who
must be given a QCATinformation notice for an internal
review decision.(2)The person may apply to QCAT, as
provided under the QCATAct, for a review of the internal
review decision.Note—The QCAT Act,
section 22(3) enables QCAT to stay the operation of theinternal review decision, either on
application by a person or on itsown
initiative.Part 11Miscellaneous215Attempts to commit offences(1)A person who attempts to commit an
offence against this Actcommits an offence.Maximumpenalty—halfthemaximumpenaltyforcommitting the offence.(2)Section 4 of the Criminal Code applies
to subsection (1).216Responsibility for acts or omissions
of representatives(1)In this section—representativemeans—(a)ofacorporation—anexecutiveofficer,employeeoragent of the corporation; or(b)ofanindividual—anemployeeoragentoftheindividual.Current as at
[Not applicable]Page 153
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 216A]state of
mindof a person includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose; and(b)the
person’s reasons for the intention, opinion, belief orpurpose.(2)Subsections (3) and (4) apply in a
proceeding for an offenceagainst this Act.(3)Ifitisrelevanttoproveaperson’sstateofmindaboutaparticular act or omission, it is
enough to show—(a)the act or omission was done or
omitted to be done by arepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority; and(b)the representative had the state of
mind.(4)An act or omission done or omitted to
be done for a person byarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority is taken to havebeen done or omitted to be done also
by the person, unless theperson proves the person took all
reasonable steps to preventthe act or
omission.216AImmunity from prosecution(1)Aninspectorisnotliabletobeprosecutedforanoffenceagainst this Act
for anything done or omitted to be done—(a)under the direction of the Minister or chief
executive; or(b)in the exercise of a power or
performance of a functionunder this Act.(2)ApersonactingunderthedirectionoftheMinister,chiefexecutive or an inspector is not liable to
be prosecuted for anoffenceagainstthisActforanythingdoneoromittedtobedone under the direction.217Protection from liability(1)In this section—Page 154Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 217A]officialmeans—(a)the
chief executive; or(b)an officer or employee of the
department; or(d)an inspector; or(e)apersonhelpinganinspectorattheinspector’sdirection.(2)Anofficialdoesnotincurcivilliabilityforanactdone,oromissionmade,honestlyandwithoutnegligenceunderthisAct.(3)Ifsubsection
(2)preventsacivilliabilityattachingtoanofficial, the liability attaches
instead to the State.217AExchange of
information with prescribed governmententity(1)Thechiefexecutivemayenterintoanarrangement(aninformation-sharingarrangement)withaprescribedgovernmententityforthepurposeofsharingorexchanginginformation—(a)held
by the chief executive or the prescribed governmententity; or(b)towhichthechiefexecutiveortheprescribedgovernment
entity has access.(2)Aninformation-sharingarrangementmayrelateonlytoinformation that helps—(a)thechiefexecutiveoraninspectorperformfunctionsunder this Act;
or(b)the prescribed government entity, or a
person employedor engaged by the entity, perform functions
under a lawof the State, another State or the
Commonwealth.(3)Underaninformation-sharingarrangement,thechiefexecutiveandtheprescribedgovernmententityare,despiteanother Act or law, authorised to—Current as at [Not applicable]Page
155
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 217B](a)ask
for and receive information held by the other partytothearrangementortowhichtheotherpartyhasaccess; and(b)disclose information to the other
party.(4)However, the information may be used
by the chief executiveor the prescribed government entity
only for the purpose forwhich it was given under the
arrangement.(5)In this section—prescribed
government entitymeans—(a)the
chief executive of a department; or(b)anentityof,orrepresenting,theCommonwealthoranother State.217BConfidentiality of information(1)This section applies to a person
who—(a)is, or has been, any of the
following—(i)the chief executive;(ii)an
inspector;(iii)a public service
employee;(iv)a local
government or prescribed entity;(v)anofficeroremployeeofalocalgovernmentorprescribed entity;(vi)anofficeroremployeeoftheCommonwealthoranother State;(vii)apersontowhomanentitymentionedinsubparagraph(iv),(v)or(vi)hassubdelegated,under this Act,
a function or power delegated to theentity under
this Act; and(b)obtainsconfidentialinformationaboutanotherpersonin
administering, or performing functions or exercisingpowers under, this Act.Page 156Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 218](2)Thepersonmustnotuseordisclosetheconfidentialinformation
unless the use or disclosure is—(a)in
the performance of a function or exercise of a powerunder this Act; or(b)with
the consent of the person to whom the informationrelates; or(c)otherwise required or permitted by
law.Maximum penalty—50 penalty units.(3)In this section—confidential
information—(a)means any
information that—(i)could identify an individual;
or(ii)isaboutaperson’scurrentfinancialpositionorfinancial background; or(iii)wouldbelikelytodamagethecommercialactivitiesofapersontowhomtheinformationrelates;
but(b)does not include—(i)information that is publicly available;
or(ii)statisticalorotherinformationthatcouldnotreasonablybeexpectedtoresultintheidentification of the individual to
whom it relates.prescribed entitymeans an entity
prescribed under—(a)section 222(1)(b); or(b)section21(1)(c),asinforcebeforeitsrepealbytheFisheries(SustainableFisheriesStrategy)AmendmentAct
2018.218Identification of boundariesIf,
under this Act, a place or area is prescribed by regulationor
is specified in another way under this Act or in a documentCurrent as at [Not applicable]Page
157
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 219]issued under
this Act, the boundaries of the place or area maybe
described—(a)byreferencetoposts,stakes,buoys,marksornaturalfeatures;
or(b)by reference to points or areas
identified from satellitenavigationdata,latitudeorlongitudeormapgridreferences;
or(c)inanotherwaythatisreasonablyadequatetoidentifythe place or
area.219Holder of authority responsible for
ensuring Actcomplied with(1)The
holder of an authority must ensure that everyone actingunder the authority complies with this
Act.(2)IfanotherpersonactingundertheauthoritycommitsanoffenceagainstaprovisionofthisAct,theholderoftheauthorityalsocommitsanoffence,namely,theoffenceoffailing to ensure the other person complied
with the provision.Maximum penalty—the penalty prescribed for
contraventionof the provision.(3)Evidencethattheotherpersonhasbeenconvictedofanoffence against
the provision while acting under the authorityisevidencethattheholderoftheauthoritycommittedtheoffence of failing to ensure the other
person complied with theprovision.(4)However,itisadefencefortheholderoftheauthoritytoprove—(a)theholderissuedappropriateinstructionsandusedallreasonableprecautionstoensurecompliancewiththisAct; and(b)theoffencewascommittedwithouttheholder’sknowledge;
and(c)theholdercouldnotbytheexerciseofreasonablediligence have
stopped the commission of the offence.Page 158Current as at [Not applicable]
Fisheries Act 1994Part 11
Miscellaneous[s 220]220Summary offences and indictable
offences(1)AnoffenceagainstthisActotherthansection89Cisasummary
offence.(2)An offence against section 89C is a
misdemeanour.Notauthorised—indicativeonly220AProceedings for summary
offencesAsummaryproceedingundertheJusticesAct1886forasummary offence against this Act must
start within whicheverof the following periods ends
later—(a)1 year after the commission of the
offence;(b)1yearaftertheoffencecomestothecomplainant’sknowledge,butwithin2yearsaftertheoffenceiscommitted.220BProceedings for indictable offences(1)A proceeding for an indictable offence
against this Act may betaken, at the election of the
prosecution—(a)by way of a summary proceeding under
the Justices Act1886; or(b)on
indictment.(2)However,amagistratemustnothearanindictableoffenceagainstthisActsummarilyifthemagistrateissatisfied,onapplication made by the defence, that
because of exceptionalcircumstancestheoffenceshouldnotbeheardanddecidedsummarily.(3)If
subsection (2) applies—(a)the magistrate
must proceed by way of an examinationof witnesses for
an indictable offence; and(b)apleaofthepersonchargedatthestartoftheproceeding must
be disregarded; and(c)evidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (2) is takenCurrent as at [Not applicable]Page
159
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 221]to be evidence
in the proceeding for the committal of theperson for trial
or sentence; and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by the Justices Act 1886, section
104(2)(b).221Inspector not to have interest in
authority(1)An inspector must not hold or have an
interest in an authority.Maximum penalty—500 penalty
units.(2)Thissectiondoesnotapplytoanauthorityprescribedbyregulation or in circumstances prescribed by
regulation.221AApproved formsThe chief
executive may approve forms for use under this Act,other than for part 9.222Delegations(1)Thechiefexecutivemaydelegatethechiefexecutive’sfunctions under
this Act to an appropriately qualified—(a)public service employee; or(b)officer or employee of a local
government or an entityprescribed by regulation; or(c)officeroremployeeoftheCommonwealthoranotherState.(2)If a function of the chief executive
is delegated to an officer oremployeeofanentity,theofficeroremployeemaysubdelegatethefunctiontoanotherappropriatelyqualifiedofficer or employee of the same
entity.(3)In this section—functionsinclude powers.Page 160Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 11
Miscellaneous[s 222A]222AElectronic notices for authority
holders(1)The chief executive or an inspector
may give a notice or otherdocumenttotheholderofanauthorityunderthisActbyelectroniccommunicationtoanelectronicaddressoftheholder if the
holder—(a)gave the address to the chief
executive for the purpose ofcommunicating
with the holder; and(b)has not asked
the chief executive to discontinue use ofthe
address.Examples of an electronic address—an
email address or mobile phone number(2)ThissectiondoesnotlimittheElectronicTransactions(Queensland) Act
2001.223Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may—(a)prescribemattersforthemanagementofanyofthefollowing—(i)a
fishery;(ii)a fish
habitat;(iii)a declared fish
habitat area;(iv)a fish
way;(v)fisheries resources;(vi)aquaculture;
or(b)provide for the protection of things
that are not fish; orExample for paragraph (b)—A
regulation may regulate taking or possessing fish in an area
toprotect dugong in the area.(c)prescribe the fees payable under this
Act; orCurrent as at [Not applicable]Page
161
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 224](d)state,forthePlanningAct,thetypesofdevelopmentapplications,andchangeapplications,relatingtofisheries development that is building
work that do notrequire referral to a referral agency under
that Act; or(e)create offences and prescribe
penalties of not more than100 penalty units for each offence;
or(f)prescribecircumstancesinwhichanactoromissionthatisotherwiseanoffenceunderthisActisnotanoffence.(3)In
this section—change application—(a)means a change application under the
Planning Act; but(b)doesnotincludeachangeapplicationforaminorchangetoadevelopmentapproval,asdefinedinthatAct.Part
12Transitional provisionsDivision 1Transitional references224Application of divisionThis division
applies to references in Acts or documents.225Fisheries Act 1976 referencesAreferencetotheFisheriesAct1976istakentobeareference to
this Act.226Fishing Industry Organisation and
Marketing Act 1982referencesAreferencetotheFishingIndustryOrganisationandMarketing Act 1982is taken to be a
reference to this Act.Page 162Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2Fisheries Act
1994Part 12 Transitional provisions[s
227]Savings and transitional provisionsfor
Primary Industries and NaturalResources
Legislation AmendmentAct 2000227Definitions for div 2In this
division—amendingActmeansthePrimaryIndustriesandNaturalResources
Legislation Amendment Act 2000.AuthoritymeanstheQueenslandFisheriesManagementAuthorityinexistenceimmediatelybeforethecommencement.commencementmeans the
commencement of section 5 of theamending
Act.contract employeemeans a person
who, immediately beforethe commencement, was employed by the
Authority under awritten contract, whether or not for a fixed
term.228Dissolution of AuthorityOnthecommencement,theAuthorityisdissolvedanditsmembers go out of office.229Vesting of assets, rights and
liabilitiesOn the commencement—(a)the
assets, rights and liabilities of the Authority vest inthe
State; and(b)the State is substituted for the
Authority in all contractsto which the Authority is a
party.Current as at [Not applicable]Page
163
Fisheries Act 1994Part 12
Transitional provisions[s 230]230Decisions, documents etc. of
AuthorityA decision or recommendation made, licence,
notice or otherdocumentmadeorgiven,orotheractiontaken,beforethecommencement, by the Authority is
taken to have been made,given or taken by the chief
executive.Notauthorised—indicativeonly231Legal
proceedingsA legal proceeding that could have been
started or continuedby or against the Authority before the
commencement may bestarted or continued by or against the
State.232References to AuthorityA
reference in an Act or document in existence immediatelybefore the commencement to the Authority
is—(a)ifthereferenceistotheownershiporvestingofproperty in the Authority—a reference to the
State; and(b)otherwise—a reference to the chief
executive.233Duty to register transfer of
property(1)The registrar of titles and all
persons who keep registers ofdealings in
property must, if asked by the State, make in theregisterallentriesnecessarytorecordthevestingofstatedproperties in
the State by this division.(2)The
request is not liable to fees.234Employees of the Authority(1)On the commencement, a person who,
immediately before thecommencement, was an employee of the
Authority—(a)becomes a public service employee;
and(b)has a right to a salary or wage rate
not lower than theperson’ssalaryorwagerateimmediatelybeforethecommencement.Page 164Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 235](2)For
subsection (1)(a)—(a)a person who, immediately before the
commencementwas a permanent employee of the Authority is
taken tobe a public service officer; and(b)a person who, immediately before the
commencementwas a temporary employee of the Authority is
taken tobe a temporary employee; and(c)a person who, immediately before the
commencementwas a casual employee of the Authority is
taken to be atemporary employee on a casual basis.(3)This section does not apply to a
contract employee.235Contract employees(1)On
the commencement, a contract employee becomes a publicservice officer.(2)Despite anything in thePublic Service
Act 1996—(a)the person
continues to be engaged and employed in thedepartment under
the terms of the person’s contract withthe Authority;
and(b)toremovedoubt,itisdeclaredthat,iftheperson’semployment under the contract is terminated
under theterms of the contract, the termination does
not affect anyrightstocompensationtowhichthepersonis
entitledunder the terms of the contract.(3)Subjecttosubsection (2),theperson’scontractwiththeAuthority is taken to be a contract under
thePublicServiceAct
1996, and that Act applies to the contract as if
it were acontract for a fixed term under that
Act.(4)ThePublic Service
Act 1996, section 71, does not apply to theperson.(5)A
reference in the contract to the Authority as the employerunderthecontractistakentobeareferencetothechiefexecutive.Current as at
[Not applicable]Page 165
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 236]236Accrued entitlementsA person who
becomes a public service employee under thisdivision keeps
all entitlements to recreation, sick, long serviceand
other leave, superannuation and other benefits accrued bytheperson,immediatelybeforethecommencement,asanemployee of the Authority.237Industrial instrumentsIndustrial instruments under theIndustrial Relations Act 1999in
force immediately before the commencement, and applyingto
an employee of the Authority, continue in force under thatActafterthecommencementandapplytothepersonasapublic service employee.Division 3Transitional
provision for FisheriesAmendment Act 2001239Validation of renewals of expired former
authorities(1)Thissectionappliesif,underformersection 58,afisheriesagencyrenewed,orpurportedtorenew,anexpiredformerauthority (other than a permit) that expired
before the relevantrenewal application was made.(2)The renewal, or purported renewal, is
taken to be, and to havealwaysbeen,validlymadeunder this Act whether or not itcould lawfully have been made under former
section 58.(3)In this section—fisheriesagencymeansthechiefexecutiveortheformerQueensland Fisheries Management
Authority.formersection
58meanssection
58ofthisAct,asinforcefrom
time to time before theFisheries Amendment Act 2001commenced.Page 166Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 4Fisheries Act
1994Part 12 Transitional provisions[s
240]Transitional provisions for PrimaryIndustries and Other LegislationAmendment Act 2003Subdivision
1Definitions240Definitions for div 4In this
division—amendingActmeansthePrimaryIndustriesandOtherLegislation
Amendment Act 2003.currencyperiod,foradevelopmentpermit,meanstherelevantperiodmentionedintherepealedSustainablePlanning Act
2009, section 341 in relation to the
permit.relevant authoritymeans any of the
following—(a)an aquaculture licence;(b)an approval, under section 114 of the
unamended Act, tobuild a waterway barrier works;(c)apermittoperformworksorrelatedactivityinadeclared fish
habitat area;(d)a permit to remove, destroy or damage
marine plants.unamendedActmeansthisActasinforcebeforethecommencement of section 241.Subdivision 2Continuing
effect of particularauthorities or approvals241Continuing effect of existing licences
or permits(1)Thissectionappliestothefollowingauthoritiesinforceimmediatelybeforethecommencementofthissectionorissued under section 252—Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 241](a)an
aquaculture licence other than an aquaculture licencefor
harvesting wild oysters from foreshores;(b)a
permit for the performance of works in a declared fishhabitat area;(c)apermitfortheremoval,destructionordamageofmarine plants.(2)From
the commencement, the authority has effect as if—(a)the authority were a development
permit, for which thechief executive was the assessment
manager, for—(i)iftheauthorityisanaquaculturelicence—amaterial change of use of premises;
or(ii)if the authority
is a permit for the performance ofworksinadeclaredfishhabitatareaorfortheremoval,
destruction or damage of marine plants—operational
works; and(b)the conditions of the authority, to
the extent they relatetodevelopment,wereconditionsofthedevelopmentpermit;
and(c)the term of the authority were the
currency period of thedevelopment permit; and(d)if the development under a development
permit would,ifthedevelopmentpermitwasappliedforafterthecommencement, require a resource allocation
authorityforQueenslandwaters,unallocatedtidallandordeclared fish habitat area—(i)therelevantresourceallocationauthorityforthedevelopment had
been issued; and(ii)the conditions
of the authority, to the extent theyrelatetotheuseofadeclaredfishhabitatarea,Queensland
waters or unallocated tidal land, wereconditions of
the resource allocation authority; and(iii)thetermoftheauthoritywerethetermoftheresource allocation authority.Page
168Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 242]Editor’s
note—Seesection 76Bfordevelopmentsthatrequirearesourceallocation
authority.(3)However, subsection (2) applies only
to authorise the holderof the authority to carry out
activities for which an authoritymentionedinsubsection (1)couldhavebeengrantedunderthe
unamended Act.(4)If the currency period does not end
within 6 months after thecommencement,thechiefexecutivemust,assoonaspracticable, issue the holder of the
authority—(a)a development permit; and(b)if the development under a development
permit would,ifthedevelopmentpermitwasappliedforafterthecommencement, require a resource allocation
authorityforQueenslandwaters,unallocatedtidallandordeclaredfishhabitatarea—arelevantresourceallocation authority for the
development.(5)A development permit or resource
allocation authority issuedunder subsection
(4) must state—(a)for the permit—the currency period
for, and conditionsof, the permit; or(b)fortheauthority—thetermandconditionsoftheauthority.242Continuing effect of existing approvals for
waterwaybarrier works(1)Thissectionappliestoanapprovaltobuildorraiseawaterway barrier works—(a)givenundertheunamendedActbeforethecommencement of this section; and(b)in force immediately before the
commencement.(2)From the commencement, the approval
has effect as if—Current as at [Not applicable]Page
169
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 243](a)the
approval were a development permit for operationalworks, for which the chief executive was the
assessmentmanager; and(b)anydirectiongiven,undersection
116oftheunamendedAct,inrelationtotheapprovalwereacondition of the development permit;
and(c)the currency period for the
development permit startedon the day the approval was given and
ends on the day 2years after the approval was given.243Continuing effect of existing
aquaculture licences forwild oyster harvesting(1)This section applies to an aquaculture
licence for harvestingwild oysters from foreshores, in force
immediately before thecommencement of this section or issued
under section 252.(2)From the commencement, the licence,
and any conditions ofthe licence, have effect as if the
licence were an authority totake fish for
trade or commerce in a commercial fishery.(3)Subsection (2) has effect only for the term
of the licence.Subdivision 3Effect of
commencement onparticular applications in progress244Applications in progress for
particular relevantauthorities(1)This
section applies to an application for a relevant authority,other than an aquaculture licence for
harvesting wild oystersfromforeshores,iftheapplicationisnotfinallydecidedbefore the commencement of this
section.(2)Fromthecommencement,theapplicationistakentobeadevelopment
application for which the chief executive is theassessment manager.(3)Also—Page 170Current as at [Not applicable]
Fisheries Act 1994Part 12
Transitional provisions[s 244]Notauthorised—indicativeonly(a)foranapplicationfordevelopmentthatmustbesupportedbyevidenceoftheexistenceofaresourceallocation
authority for the development—the followingapplies—(i)the application is taken to also be an
application fortherelevantresourceallocationauthorityforthedevelopment;(ii)thepartoftheapplicationfortheresourceallocation
authority must be decided first;(iii)ifthepartoftheapplicationfortheresourceallocationauthorityisrefused—thewholeapplication is taken to have been
withdrawn;(iv)ifthepartoftheapplicationfortheresourceallocationisgranted—thedaythepartoftheapplication is granted is taken to
be—(A)ifthechiefexecutivehasreceived,fortheapplication,furtherrelevantinformationundersection 54(2)—thedaythedecisionstage for the
development application startsunder the
repealed Planning Act; or(B)otherwise—thedaytheinformationandreferralstageforthedevelopmentapplicationstartsundertherepealedPlanning Act;
or(b)foranotherapplication—thedaythissectioncommences is taken to be—(i)ifthechiefexecutivehasreceived,fortheapplication,furtherrelevantinformationundersection 54(2)—thedaythedecisionstageforthedevelopment
application starts under the repealedPlanning Act;
or(ii)otherwise—thedaytheinformationandreferralstage for the
development application starts underthe repealed
Planning Act.(4)In this section—Current as at
[Not applicable]Page 171
Fisheries Act 1994Part 12
Transitional provisions[s 245]repealedPlanningActmeanstherepealedSustainablePlanning Act
2009.Notauthorised—indicativeonly245Applications in progress for
aquaculture licences for wildoyster
harvesting(1)Thissectionappliestoanapplicationforanaquaculturelicenceforharvestingwildoystersfromforeshoresiftheapplication is not finally decided
before the commencementof this section.(2)Fromthecommencement,theapplicationistakentobeanapplication for
an authority to take fish for trade or commercein the
commercial fishery.Subdivision 5Effect of
commencement onprescribed criteria253Continuing effect of criteria prescribed for
s 67Criteriaprescribedforsection 67(2)(b)(i)andinforceimmediatelybeforethecommencementofthissectionare,after the
commencement, subject to any amendment or repeal,taken to be criteria prescribed for section
68B(4)(b)(i).Division 5Transitional
provisions for FisheriesAmendment Act 2006254Existing contracts to provide services
relating to sharks(1)Thissectionappliestoacontractmadebeforethecommencement of this section for someone to
provide to theState services involving the placement in
coastal waters of theState adjacent to a beach of nets or
baited drumlines, for thepurpose of catching sharks.(2)The contract is taken to be, and to
have always been, validlymade under this Act.Page
172Current as at [Not applicable]
Fisheries Act 1994Part 12
Transitional provisions[s 255](3)From
the commencement, the contract is taken to have beenmade
for the shark control program.Notauthorised—indicativeonly255Existing general fisheries permits
relating to sharks(1)Thegeneralfisheriespermitsorformergeneralfisheriespermits issued
under theFisheries Regulation 1995with
thefollowing numbers are taken to be, and to
have always been,validly issued under this Act—•PRM37037A•PRM37441E•PRM37965D•PRM37971I•PRM04051G•PRM04058D•PRM04060F•PRM04063K•PRM04092D•PRM04097E•PRM04172F•PRM04173D•PRM04949B•PRM05108J.(2)If,
under section 63(4) and (5), the chief executive amends anyofthe permitstoauthorisetheholdertoauthorisesomeoneelse
to do any thing that the holder may do under the permit,the
amendment is taken to have had effect from—(a)if
the relevant notice under section 63(5) states a day ofeffect—the day of effect; or(b)ifnodayofeffectisstatedinthenotice—whenthepermit was issued.Current as at
[Not applicable]Page 173
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 256](3)This
section does not prevent the amendment or repeal of theFisheries Regulation 1995.256Activities
carried out under existing contracts relating tosharksSection
81(1)(a),(b)and(d)doesnotapplytoanactivitycarriedoutbyapersonbeforethecommencementofthissection if, when
the activity was carried out, the person—(a)was
acting under a contractmentioned in section 254;and(b)wasauthorisedunderageneralfisheriespermitmentioned in
section 255 to carry out the activity.Division 6Transitional provisions forSustainable Planning Act 2009257Continuing application of pt 5, div
3A, sdivs 1 to 4(1)This section applies to a
developmentapplication made butnot decided
under the repealedIntegrated Planning Act 1997before the commencement.(2)Part
5, division 3A, subdivisions 1 to 4 as in force before thecommencementcontinuetoapplytothedevelopmentapplication as
if theSustainablePlanningAct2009had notcommenced.(3)In
this section—commencementmeans the day
this section commences.Page 174Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 7Fisheries Act
1994Part 12 Transitional provisions[s
258]Transitional provision for TradeMeasurement Legislation RepealAct
2009258Amendment of fisheries management plan
by TradeMeasurement Legislation Repeal Act 2009 does
not affectpowers of chief executive or Governor in
CouncilTheamendmentoftheFisheries(CoralReefFinFish)ManagementPlan2003bytheTradeMeasurementLegislation
Repeal Act 2009does not affect—(a)thepowerofthechiefexecutivetofurtheramendthemanagement plan or to repeal it;
or(b)thepoweroftheGovernorinCounciltoapproveamatter mentioned in paragraph (a).Division 8Transitional
provisions forEnvironmental Offsets Act 2014259Continued effect to make
payment(1)Thissectionappliesif,immediatelybeforethecommencementofthissection,anenvironmentaloffsetcondition required a person to make a
monetary payment totheFisheriesResearchFund
andthepaymenthadnotbeenmade.(2)Despite the repeal of section 76IA(3)
by theEnvironmentalOffsetsAct2014,thepersonisstillrequiredtomakethepayment.Current as at
[Not applicable]Page 175
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 261]Division 9Transitional provision for StateDevelopment, Infrastructure andPlanning (Red Tape Reduction) andOther Legislation Amendment Act2014261Existing
development applications(1)This section
applies to a development application mentionedinprevioussection76DA,76DBor76DCmade,butnotdecided,beforethecommencementoftheamendingAct,section 107.(2)Previous sections 76DA, 76DB and 76DC
continue to applytothedevelopmentapplicationasiftheamendingAct,section 107, had
not commenced.(3)In this section—amendingActmeanstheStateDevelopment,InfrastructureandPlanning(RedTapeReduction)andOtherLegislationAmendment Act
2014.previous, for a
provision of this Act, means the provision as inforce immediately before the repeal of the
provision under theamending Act.Division
10Transitional provisions for Planning(Consequential) and OtherLegislation Amendment Act 2016262Definitions for divisionIn
this division—amending Actmeans thePlanning (Consequential) and OtherLegislation Amendment Act 2016.Page 176Current as at
[Not applicable]
Fisheries Act 1994Part 12
Transitional provisions[s 263]former, in
relation to a provision, means the provision as inforceimmediatelybeforetheprovisionwasamendedorrepealed under the amending Act.repealedPlanningActmeanstherepealedSustainablePlanning Act
2009.Notauthorised—indicativeonly263Existing particular development
applications for fisheriesdevelopment(1)Thissectionappliestoanexistingdevelopmentapplicationforfisheriesdevelopment,ifthechiefexecutivewastheassessmentmanageroraconcurrenceagencyfortheapplication
under the repealed Planning Act.(2)The
following provisions continue to apply in relation to theapplication as if the amending Act had not
been enacted—(a)former sections 76D and 76G;(b)former part 5, division 3A,
subdivision 4.(3)A decision of the chief executive
about the application can notbe reviewed by
QCAT.(4)In this section—existingdevelopmentapplicationmeansadevelopmentapplication made
under the repealed Planning Act, to whichthe Planning
Act, section 288 applies.264Existing
appeals—amendment of fisheries developmentapproval
conditions(1)This section applies if—(a)apersonappealedtothePlanningandEnvironmentCourt before the
commencement under former section76Q(1);
and(b)theappealhadnotbeendecidedbeforethecommencement.(2)The
Planning and Environment Court must hear, or continueto
hear, and decide the appeal under former sections 76Q andCurrent as at [Not applicable]Page
177
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 265]76RasiftheamendingActhadnotbeenenactedandtherepealed Planning Act had not been
repealed.(3)Toremoveanydoubt,itisdeclaredthatformersection76Q(2), (4) and (5) applies for the
appeal.265Existing right to appeal—amendment of
fisheriesdevelopment approval conditions(1)This section applies if—(a)beforethecommencement,apersoncouldhaveappealed to the
Planning and Environment Court underformer section
76Q(1); and(b)the person has not appealed before the
commencement.(2)Thepersonmayappeal,and thePlanningandEnvironmentCourt must hear
and decide the appeal, under former sections76Q(1), (2)(a),
(3) and (4) and 76R(2), as if the amending Acthad not been
enacted.(3)ThePlanning and
Environment Court Act 2016, part 5, withanychangesthecourtconsidersappropriate,appliestotheappeal as if the
appeal were a Planning Act appeal under thatAct.Division 11Transitional
provisions for Fisheries(Sustainable Fisheries
Strategy)Amendment Act 2018Subdivision
1Preliminary266Definitions for divisionIn this
division—amendmentActmeanstheFisheries(SustainableFisheriesStrategy) Amendment Act 2018.Page
178Current as at [Not applicable]
Fisheries Act 1994Part 12
Transitional provisions[s 267]former,
for a provision of this Act, means the provision as inforce before the commencement of the
provision in which theterm is used.new,foraprovisionofthisAct,meanstheprovisionasinforce on the commencement of the
provision in which the termis used.Notauthorised—indicativeonlySubdivision 2Provisions for
amendmentscommencing on assent267Application of new section 165Section165(3)doesnotapplyinrelationtofisheriesresources seized
under this Act before the commencement.268Orders under former section 174(1)This section applies if—(a)before the commencement, the chief
executive made anapplicationtotheDistrictCourtforanorderunderformer section
174; and(b)atthecommencement,theapplicationhasnotbeendecided.(2)TheDistrictCourtmaycontinuetohearanddecidetheapplication under former section 174 as if
the amendment Acthad not been enacted.269Orders under new section 174(1)A court convicting a person of a
serious fisheries offence maymake an order
under new section 174 in relation to the persononly if the
offence was committed after the commencement.(2)Subsection(1)doesnotpreventacourtfromconsideringserious
fisheries offences committed by the person before thecommencement for applying new section
174(1)(b).Current as at [Not applicable]Page
179
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 270]270Orders under new section 174ASection 174A applies only to a person
convicted of an offenceagainst this Act committed after the
commencement.Subdivision 3Provisions for
amendmentscommencing by proclamation271Compensation for relevant
amendments(1)Former part 5, division 1A continues
to apply in relation to anamendmentofaregulationormanagementplanhappeningbefore the
commencement, as if the amendment Act had notbeen
enacted.(2)Newpart5,division2appliesinrelationtothemaking,amendmentorrepealofaregulation,orafisheriesdeclarationorquotadeclarationotherthananurgentdeclaration,
happening after the commencement.(3)In
this section—management planmeans a
management plan in force undersection 32 or 42
as in force before the commencement.272Existing emergency fisheries
declaration(1)An existing emergency fisheries
declaration is taken to be anurgent
declaration made by the chief executive under section38.(2)In this
section—existingemergencyfisheriesdeclarationmeansanemergency fisheries
declaration—(a)madebythechiefexecutiveunderformersection46;and(b)inforceunderthisActimmediatelybeforethecommencement.Page 180Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 12
Transitional provisions[s 273]273Application of new section 68ACSection68ACappliesonlyinrelationtoaninvestigationunder part 9
starting after the commencement.274Application of former section 68BFormersection68Bcontinuestoapplyinrelationtoaproceedingforanoffencestartedbeforethecommencementas if the
amendment Act had not been enacted.275The
fundTheFisheriesResearchFundcontinuedinexistenceunderformer section 117(1) continues in existence
as the FisheriesFund under section 117(1).276Existing codes of practiceAcodeofpracticeunderformersection119foradeclaredfishhabitatareais,fromthecommencement,takentohavebeen made under
section 125A.277Existing review rights(1)This section applies if—(a)immediately before the commencement, a
person couldhaveappliedtoQCATforareviewofamatterunderformer part 9; and(b)at
the commencement—(i)the person has not applied for the
review; and(ii)the period
within which the person may apply forthe review has
not ended.(2)The person may apply for the review,
and QCAT may hear anddecide the review, under former part 9
as if the amendmentAct had not been enacted.Current as at [Not applicable]Page
181
Fisheries Act 1994Part 12
Transitional provisions[s 278]278Existing reviews(1)This
section applies to a review started under former part 9beforethecommencementthathasnotbeendecidedatthecommencement.(2)QCATmaycontinuetohear,anddecide,thereviewunderformer part 9 as if the amendment Act had
not been enacted.Notauthorised—indicativeonlyPage 182Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 1DictionaryFisheries Act
1994Schedule 1section 4abalonemeans a mollusc
of the genusHaliotis.accepted development requirementssee
section 32.affected person, for part 10,
see section 187.amending Act, for part 12,
division 4, see section 240.approved
formmeans a form approved by the chief
executiveunder section 221A.approved harvest
strategymeans a harvest strategy approvedby
the Minister under section 16.approved harvest
strategy policy,forpart2,division1,seesection 15.approved vessel
tracking equipment, for a boat, means vesseltracking equipment—(a)of a
kind approved by the chief executive and publishedon
the department’s website; and(b)whoseserialnumberorotheridentifyingdetailshavebeen given to,
and recorded by, the chief executive forthe boat.aquaculturemeans the
cultivation of live fisheries resourcesfor sale other
than in circumstances prescribed by regulation.aquaculture
fisheries resourcesmeans live fish and marineplants cultivated in aquaculture.aquaculturefurnituremeansacage,rack,tank,trayoranything else used, or capable of
being used, in aquaculture orto assist in
aquaculture.areameans an area of
land, waters or both land and waters,and includes a
place.Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1arrangementincludesagreement,promise,scheme,transaction(withorwithoutconsideration),understandingand undertaking
(whether express or implied).assessabledevelopmentmeansdevelopmentcategorisedasassessable development under the Planning
Act.assessment managersee the Planning
Act, section 48(1).Australian boathas the meaning
given by the CommonwealthFisheries Act.authorising
declarationsee section 39(2).authoritymeans a licence, permit, quota authority,
resourceallocationauthorityorotherauthorityissued,andinforce,under this
Act.boatincludes a ship
or other vessel of any size or type andhoweverpropelledormoved,including,forexample,ahovercraft and a submersible vessel.bodyof water
includes a dam and waterway.body-worn
camerameans a device—(a)worn
on clothing or otherwise secured on a person; and(b)designed to be used to—(i)record images; or(ii)record images and sounds.building worksee the Planning
Act, schedule 2.buyincludes—(a)buy
by wholesale, retail or auction; and(b)accept, acquire or receive in trade or
commerce or underan arrangement; and(c)agree, attempt or offer to buy; and(d)cause or permit to be bought.coastalwatersoftheStatehasthemeaninggivenbyCommonwealth Fisheries Act.Page
184Current as at [Not applicable]
Fisheries Act 1994Schedule 1Notauthorised—indicativeonlycommercial quantity, for part 5,
division 4, subdivision 2, seesection
89.CommonwealthFisheriesActmeanstheFisheriesManagement Act
1991(Cwlth).Commonwealth
Ministerhas the meaning given by part 5 ofthe
Commonwealth Fisheries Act.Commonwealth–StatearrangementmeansanarrangementmadebytheStatewiththeCommonwealthunderthisAct,and
includes a Joint Authority arrangement, and includes, ineach
case, the arrangement as varied.Note—Part7dealswithCommonwealth–Statefisheriesmanagementarrangements.Commonwealth–StatefisherymeansafisheryforwhichthereisinforceaCommonwealth–Statearrangement,andincludes a Joint Authority fishery.conditionincludes
restriction.containerincludes a
basket, case and tray.convictionincludes a
finding of guilt, and the acceptance of aplea of guilty,
by a court.corallimestonemeansacalcareousdepositderivedfromcoral, but does not include shell grit or
star sand.declarationmeans a
declaration made by the chief executiveunder part 5,
division 1.declaredfishhabitatareameansanareathatisdeclaredunder this Act
to be a fish habitat area.Note—Section 120
deals with declaration of fish habitat areas.developmentapplicationmeansadevelopmentapplicationunder the
Planning Act.development approvalmeans a
development approval underthe Planning Act.development
permitmeans a development permit under thePlanning Act.Current as at
[Not applicable]Page 185
Fisheries Act 1994Schedule 1Notauthorised—indicativeonlyPage 186drainagefeaturemeansadrainagefeaturewithinthemeaning given by the Water Act 2000,
schedule 4, definitiondrainage feature, paragraph
(b).electronic documentmeansadocumentofatypeundertheActs Interpretation Act 1954, schedule
1, definition document,paragraph (c).eligible
authority, for part 5, division 2, see section
43(1)(a).engagesinatraffickingactivity,forpart5,division4,subdivision 2, see section 89B.entitlement, for the holder
of an authority, means the thingsthat,undersection
52,theholderisauthorisedtodoastheholder of the authority.entityincludesanentityestablishedunderthelawoftheCommonwealth or another State.environmental offsetsee theEnvironmental Offsets Act 2014,section 7(2).environmentaloffsetconditionmeansaconditionofadevelopment approval that requires or
otherwise relates to anenvironmental offset.executive officer, for a
corporation, means a person who isconcerned with,
or takes part in, its management, whether ornot the person
is a director or the person’s position is given thename
of executive officer.feeincludes a
charge or tax.fishsee section
5.fisheries declarationsee section
33(1).fisheriesdevelopmentmeansdevelopmentthatrelatestoaquaculture,fisheriesresources,fishhabitatorwaterwaybarrier
works.fisheriesdevelopmentapprovalmeansadevelopmentapproval for
fisheries development if the chief executive, orthe
chief executive of the department in which the PlanningAct
is administered, was the assessment manager or a referralagency under that Act for the application
for the approval.Current as at [Not applicable]
Fisheries Act 1994Schedule 1Notauthorised—indicativeonlyfisheries legislationincludes—(a)this Act or a former Act; and(b)theCommonwealthFisheriesActortheFisheriesAct1952(Cwlth);
and(c)theMarine Parks Act
2004and theGreat Barrier
ReefMarine Park Act 1975(Cwlth);
and(d)another law of the State, the
Commonwealth or anotherState—(i)about fishing, fisheries resources or fish
habitats;or(ii)prescribed by
regulation.fisheries offencemeans an offence
against—(a)fisheries legislation; or(b)thePlanningAct,iftheoffencerelatestofisheriesdevelopment.fisheries
resourcesincludes fish and marine plants.fisherysee section
7.fish habitatincludes land,
waters and plants associated withthelifecycleoffish,andincludeslandandwatersnotpresently occupied by fisheries
resources.fishingincludes—(a)searching for, or taking, fish;
and(b)attempting to search for, or take,
fish; and(c)engaginginotheractivitiesthatcanreasonablybeexpected to result in the locating, or
taking, of fish; and(d)landing fish
(from a boat or in another way), bringingfish ashore or
transhipping fish.fishing apparatusmeans anything
used, or capable of beingused, to take fish, or assist in the
taking of fish, and includes,for
example—(a)ahook, line or
rod used, orcapableofbeingused,totake fish; andCurrent as at
[Not applicable]Page 187
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1(b)a crab pot, crayfish pot, net, pitch
fork, spear gun or trapused, or capable of being used, to
take fish.fishingsectormeansapartofthefishingindustryrepresenting—(a)commercial fishing; or(b)charter fishing; or(c)recreational fishing; or(d)indigenous fishing.fish movement
exemption notice, in relation to a developmentapplicationfortheconstructionorraisingofawaterwaybarrier works,
means a written notice stating the applicant isnot required to
ensure the waterway barrier works adequatelyprovides for the
movement of fish across the barrier.fish waymeans a fish ladder or another structure or
device bywhichfishcanpassthrough,byoroverwaterwaybarrierworks.foreignboathasthemeaninggivenbytheCommonwealthFisheries
Act.foreshoremeans parts of
the banks, bed, reefs, shoals, shoreand other land
between high water and low water.former
Actmeans theFisheries Act
1976orFishing IndustryOrganisation and
Marketing Act 1982.harvest strategymeans a harvest
strategy prepared under part2, division
1.high watermeans the mean
height of the highest high water atspring
tide.holderof an authority
means the person to whom it is issuedor
transferred.indigenous fisheries resourcesmeans fisheries resources—(a)in relation to a particular
area—(i)spawned,bornorgrown,otherthanbyaquaculture, in the area; andPage
188Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1(ii)belonging to a
species of fisheries resources nativeto the area;
or(b)without reference to a particular
area—(i)spawned,bornorgrown,otherthanbyaquaculture, in Queensland; and(ii)belonging to a
species of fisheries resources nativeto
Queensland.indigenousfishingmeansfishingconductedbyAboriginalpeople or Torres
Strait Islanders.informationnotice,foradecision,meansawrittennoticestating the following information—(a)the decision;(b)the
reasons for the decision;Note—See the Acts
Interpretation Act 1954, section 27B for mattersthat
must be included with the reasons.(c)that
the person to whom the notice is given may ask fora
review of the decision under this Act;(d)how,andtheperiodwithinwhich,thereviewmaybestarted.inspectormeans a person who is appointed under this
Act asan inspector.internal
review, for part 10, see section 187.internal review decision, for part 10,
see section 187.issueanauthority(otherthanapermit)includesrenewtheauthority.Joint
Authoritymeans a Joint Authority established under
theCommonwealthFisheriesActofwhichtheMinisterisamember.Joint Authority
arrangementmeans an arrangement made bythe
State with the Commonwealth under this Act, whether ornot
it is also made with another State.Current as at
[Not applicable]Page 189
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1Note—Part7dealswithCommonwealth–Statefisheriesmanagementarrangements.Joint Authority
fisherymeans a fishery for which there is inforce a Joint Authority arrangement under
which the fishery isto be under the management of a Joint
Authority.keepincludes
possess.landincludes
foreshores and tidal and nontidal land.leaveincludes put.low watermeans the mean height of the lowest low
water atspring tide.marine
plantsee section 8.material change
of usesee the Planning Act, schedule 2.netmeans netting material used, or
capable of being used, totake fish, and includes tackle and
equipment used, or capableof being used, with a net.net
proceeds of saleof fisheries resources seized under
thisAct means the amount left from the proceeds
of the sale of thefisheries resources after payment of—(a)expenses incurred in—(i)seizing the fisheries resources;
and(ii)transporting the
fisheries resources from the placeof seizure to
the place of sale; and(iii)performing any
necessary treatment of the fisheriesresources;
and(iv)storingthefisheriesresourcesuntildeliveryforsale; and(v)selling the fisheries resources; and(b)any other expenses prescribed by
regulation.nettingmaterialincludesmaterialofanytypeformedintomesh.Page 190Current as at [Not applicable]
Fisheries Act 1994Schedule 1Notauthorised—indicativeonlynon-indigenous fisheries resourcesmeans fisheries resourcesthat—(a)inrelationtoaparticulararea—donotfallinthecategorymentionedinthisschedule,definitionindigenous
fisheries resources, paragraph (a); or(b)without reference to a particular area—do
not fall in thecategorymentionedinthisschedule,definitionindigenous
fisheries resources, paragraph (b).nontidallandincludeslandpermanentlyorperiodicallysubmerged by
waters not subject to tidal influence.noxious
substancemeans anything that—(a)is
harmful, or produces conditions that are harmful, tofisheries resources or fish habitats;
or(b)is prescribed by regulation or
declared by a declarationto be a noxious substance.occupierof a place
includes a person who reasonably appearsto be the
occupier, or in charge, of the place.offence against
this Act, other than for sections 220 to
220B,includesanoffenceagainstthePlanningActsofarasitrelates to fisheries
development.operational worksee the Planning
Act, schedule 2.original decision, for part 10,
see section 187.owner,forathingthathasbeenseizedunderthisActmeans—(a)if
the chief executive is aware of the actual owner of thething immediately before the seizure—the
actual owner;or(b)otherwise—apersonwhowouldbeentitledtopossession of the thing had it not been
seized.permitmeans a permit
in force under this Act.person in controlincludes—(a)for a boat—the person who has, or
reasonably appearsto have, command or charge of the boat;
andCurrent as at [Not applicable]Page
191
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1(b)foravehicle—thevehicle’sdriverorthepersonwhoreasonably appears to be the vehicle’s
driver.placeincludes
premises and a place on or in waters or on land,but
does not include a vehicle or boat.Planning
Actmeans thePlanning Act
2016.possessa thing
includes—(a)have custody or control of the thing;
and(b)have an ability or right to obtain
custody or control ofthe thing.premisesincludes—(a)a
building, wharf or other structure; and(b)a
part of a building, wharf or other structure; and(c)land or waters where a building, wharf
or other structureis situated.prescribed
aquaculture developmentsee section 76A(b).prescribeddeclaredfishhabitatareadevelopmentseesection 76A(a).priority
fish, for part 5, division 4, subdivision 2, see
section89A.public
notice, for part 2, division 1, see section
15.public placemeans a place
that the public is entitled to use, isopen to the
public or is used by the public, whether or not onpayment of money.QCAT information
notice, for part 10, see section 187.quota authoritymeans a quota
authority issued by the chiefexecutive under
this Act.quota declarationsee section
37(1).quota entitlement, for an
authority, means a quota applyingtotheentitlementtotakefisheriesresourcesundertheauthority for a fishery or part of a
fishery.reallocation decisionsee section
27(2).Page 192Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1recreationallimit,forpart5,division4,subdivision2,seesection 89.register,whenusedasanoun,meanstheregisterthechiefexecutive keeps
under section 73(1).registered interest, in
an authority, means an interest in theauthority that
is noted on the register.regulated fishmeans fish
declared to be regulated fish by aregulated fish
declaration.regulated fish declarationsee
section 34.regulated fishing apparatus
declarationsee section 36(1).regulated
fishing method declarationsee section 36(2).regulated waters
declarationsee section 35(1).releaseincludes place.relevantamendment,forpart5,division2,seesection43(1)(b).relevant authority, for part 12,
division 4, see section 240.renewan
authority (other than a permit) includes the renewalof a
former authority made because of an application undersection 56(2).resourceallocationauthoritymeansaresourceallocationauthorityissued,andinforce,underpart5,division3,subdivision 2A.sellincludes—(a)sell
by wholesale, retail or auction; and(b)supply in trade or commerce or under an
arrangement;and(c)agree, attempt
or offer to sell; and(d)keep or expose
for sale; and(e)cause or permit to be sold.serious fisheries offencemeans—(a)an
offence against any of the following provisions—Current as at [Not applicable]Page
193
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1(i)section 77(1) or (2);(ii)section
78;(iii)section
79;(iv)section
79A;(v)section 80;(vi)section 81(1);(vii)section 82;(viii) section
89C;(ix)section
90(1);(x)section 118(4);(xi)section 176(1);(xii)section 182(1); or(b)an
offence against section 219(2) committed by a personactingunderanauthorityinrelationtoaprovisionmentioned in
paragraph (a); or(c)another fisheries offence prescribed
by regulation to bea serious fisheries offence.shark control programsee section
3A(4).speciesof a fish or
plant means a species, subspecies, hybrid,variant, race,
mutation or geographically separate populationof the animal or
plant.takefisheries
resources includes—(a)catch, gather, kill or obtain from
water or land; and(b)attempttocatch,gather,killorobtainfromwaterorland; and(c)land(fromaboatorinanotherway),bringashoreortranship.temporary
transfersee section 65C(1).tidal
landincludes reefs, shoals and other land
permanently orperiodically submerged by waters subject to
tidal influence.Page 194Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Schedule 1totalquotaentitlement,forafisheryorpartofafishery,meansthemaximumcombinedquotaentitlementsforallauthorities for the fishery or
part.trade or commerceincludes—(a)a business activity; and(b)anything else done for gain or
reward.transfer, of an
authority, includes—(a)transfer by a
joint holder of the authority, of all or part ofthe
holder’s interest in the authority, to the other jointholders of the authority; and(b)if the authority is a quota authority
relating to anotherauthority—transfer by the holder of the
quota authority,fromtheauthoritytowhichitrelates,toanotherauthority held
by the same holder.unallocatedtidallandmeanstidallandthatisunallocatedState land under
theLand Act 1994, schedule
6.unamended Act, for part 12,
division 4, see section 240.unlawfullymeans without
authority under this Act or otherlegal authority,
justification or excuse under an Act.urgent
declarationsee section 38.vehicleincludes a caravan, trailer and aircraft,
but does notinclude a boat.vessel tracking
equipmentmeans equipment used as part of asystem that monitors the position and
operation of a vessel.watercoursesee theWater Act 2000, schedule
4.waterwayincludesariver,creek,stream,watercourse,drainage feature
or inlet of the sea.waterway barrier worksmeans a dam, weir or other barrieracross a waterway if the barrier limits fish
stock access andmovement along a waterway.Current as at [Not applicable]Page
195