FISHERIES ACT 2000
FISHERIES ACT 2000
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
3. Objects
4. Dictionary
4A. Notes
4B. Offences against Act—application of Criminal Code etc
PART 2--FISHERIES MANAGEMENT PLAN
5. Meaning of fisheries management plan
6. Preparation and public consultation
7. Approval of plan
8. Minister to approve plan
9. Minister's direction to revise plan
10. Minor amendments to plan
11. Review of plan
12. Fisheries management plan—conservator to implement
PART 3--FISHING CLOSURES AND DECLARATIONS
13. Fishing closures
14. Declaration of noxious fish
15. Declaration of fish of prohibited size or weight
16. Declaration of fish quantity
16A. Declaration of possession limit
17. Declaration of fishing gear
18. Declaration of exempt species
18A. Declaration of critical habitat
PART 4--FISHERIES LICENCES
Division 4.1--Licences—preliminary
19. Meaning of fisheries licence
20. Meaning of recreational group licence
Division 4.2--Licences—application and suitability
21. Application
22. Recreational group licence application
23. Who is a suitable person to hold a fisheries
24. Meaning of suitability information about a person—pt 4
25. Suitability of people—further information about people
26. What is a suitable activity for a fisheries licence?
27. What is suitability information about an activity?
28. Suitability of activities—further information about activity
29. Suitability of activities—risk management plan
Division 4.3--Licences—decision
30. Licence—decision on application
31. Licence—conditions
32. Licence—term
33. Licence—form
Division 4.4--Licences—amendment
34. Licence—amendment initiated by conservator
35. Licence—application to amend licence
36. Licence—decision on application to amend licence
36A. Licence—replacing when lost, stolen or destroyed
36B. Licence—surrender
36C. Offence—fail to notify change of name or address
36D. Licence—conservator to change name and address
Division 4.5--Licences—regulatory action
36E. Application—div 4.5
36F. Licence—grounds for regulatory action
36G. Licence—regulatory action
36H. Licence—taking regulatory action
36I. Licence—immediate suspension
36J. Licence—effect of suspension
36K. Offence—fail to return amended, suspended or cancelled licences
36L. Action by conservator in relation to amended or suspended licence
Division 4.6--Licence—register
36M. Fisheries licence register
36N. Licence register—correction and keeping up-to-date
36O. Offence—fail to keep records
PART 5--COMMERCIAL DEALING
Division 5.1--Fish dealers
37. Fish dealers to be registered
38. Application for registration
39. Decision on application
40. Term of registration
41. Suspension of registration
42. Cancellation of registration
43. Register of dealers
44. Inspection of register
Division 5.2--Commercial fishers
45. Sale of fish by commercial fishers
PART 6--AQUACULTURE
46. Meaning of aquaculture
47. Aquaculture guidelines
48. Aquaculture limit
49. Aquaculture offences
PART 7--ENFORCEMENT
Division 7.1A--Fisheries officers
50. Appointment
51. Identity cards
52. Fisheries officer must show identity card on exercising power
Division 7.1--Powers for places
53. Meaning of occupier for div 7.1
54. Power to enter premises
54A. Production of identity card
55. Consent to entry
56. Routine inspection of business premises
57. Warrants to enter
58. Warrants—application made other than in person
59. General powers on entry to premises
60. Powers on entry for routine inspection of business premises
61. Powers on entry under a warrant
63. Entry into waters, and along banks etc
Division 7.2--Other powers
64. Direction to provide information
65. Offence—fail to comply with information direction
66. Immediate information direction
67. Direction to stop vehicle containing fish etc
68. Offence—fail to comply with stop vehicle direction
69. Direction to remove gear from water
70. Urgent directions
71. Offence—fail to comply with urgent direction
72. Authorised person's directions
72A. Offence—fail to comply with authorised person's direction
72B. Treatment directions
72C. Offence—fail to comply with treatment direction
72D. Power to seize things
72E. Receipt for things seized
72F. Moving things to another place for examination or processing under search
72G. Access to things seized
72H. Return of things seized
Division 7.3--Miscellaneous
72I. Damage etc to be minimised
72J. Compensation for exercise of enforcement powers
PART 8--OFFENCES
Division 8.1A--Preliminary
73. Exempt conduct—pt 8
Division 8.1--Unauthorised activities
74. Taking fish for sale without licence etc
75. Taking fish contrary to licence
76. Importing or exporting live fish without authority
76A. Trafficking in commercial quantity of fish of priority species
76B. Taking commercial quantity of fish of priority species
76C. Possessing commercial quantity of fish of priority species
77. Possessing fish obtained illegally
78. Noxious fish
79. Release of fish
Division 8.2--General offences
80. Fishing closure offences
81. Prohibited size and weight offences
82. Offence—exceed quantity limit
82A. Offence—exceed possession limit
83. Beheading or filleting fish
84. Use of live fin fish as bait etc
Division 8.3--Offences in relation to fishing gear
85. Use of fishing gear generally
86. Non-permitted fishing gear
86A. Offence—use prohibited gear
86B. Offence—prohibited gear retail display
87. Use and possession of commercial fishing gear
Division 8.4--Protection of aquatic habitats
88. Meaning of aquatic habitat
88A. Spawning areas and aquatic habitat
PART 10--NOTIFICATION AND REVIEW OF DECISIONS
107. Meaning of reviewable decision—pt 10
108. Reviewable decision notices
108A. Applications for review
PART 11--MISCELLANEOUS
109. Delegation
110. Acts and omissions of representatives
111. Criminal liability of executive officers
111A. Evidentiary certificates
112. Production of licences
113. Minister's guidelines
113A. Conservator guidelines
114. Determination of fees
116. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES