FISHERIES ACT 1988
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
- 2A Objects
- 2B Aboriginal rights, interests and resources of significance
- 3 Repeals
- 4 Interpretation
- 4A Application of Criminal Code
PART 2--ADMINISTRATION
- 5 Director of Fisheries
- 6 Delegation
- 7 Fisheries Officers
- 7A Fisheries Inspectors
- 8 Identity cards
- 8A Return of identity card
- 9 Registers
- 9A Registration of third party interests
- 9B Notice to registered third party interest holder
PART 2A--LICENCES, PERMITS AND VESSEL REGISTRATION
Division 1--Requirement for licence or permit
Division 2--Licences and permits
- 12 Licence allocation for new fishery
- 13 Applying for and granting licence or permit
- 14 Conditions of licence or permit
- 15 Term of licence or permit
- 16 Expiry and renewals
- 16A Transfer of licence
- 16B Restriction on licensee performing fishing operations
- 16C Licence not personal property
- 17 Special permits
Division 3--Approved operators and persons in charge
- 17A Approved operators
- 17B Fit and proper person test
- 17C Identity card
- 17D Revocation of approval
- 17E Appointment of approved operator to be person in charge of fishing operations
- 17F Production of identity card
- 17G Offence if person in charge not appointed
- 17H Liability of person in charge for offences by others
- 17J Liability of licensee for offences by approved operator and others
Division 4--Registration of vessels
- 17K Requirement for registration of fishing vessels
- 18 Registration of fishing vessels
- 19 Tender vessels
Division 5--Cancellation or suspension of licence, permit or registration
- 20 Cancellation or suspension by court order
- 20A Cancellation or suspension by Director
- 20B Cancellation of vessel registration if licence or permit cancelled
- 20C Surrender of licence or permit
Division 6--Administrative provisions
- 20D Ministerial guidelines
- 20E Form of application
- 20F Notice of decision
- 20G Grant of licence may be noted on existing licence
PART 3--FISHERY MANAGEMENT PLANSNOTE FOR PART
- 21 Purposes of Part
- 22 Management areas and managed fisheries
- 23 Director to prepare proposed management plans
- 24 Fisheries management advisory committees
- 25 Procedure in relation to management plans
- 25A Amendments to management plans
- 26 Minister may make emergency amendments to management plans
- 27 Management plans enforceable as regulations
PART 4--CONTROL AND ENFORCEMENT
Division 1--Powers of Minister
Division 2--Powers of Fisheries Officers
- 30 Powers of entry and examination
- 31 Search
- 32 General matters relating to powers of Fisheries Officers
- 33 Powers of seizure
- 33A Release or forfeiture of things seized or proceeds of sale
- 33B Protection from liability
- 33C Powers of Fisheries Officers in relation to permit offences
Division 3--Records and returns
- 34 Records and returns
- 34A Movement of fish without proper documents prohibited
- 35 Offence not to keep or supply records
- 35A Misleading information
- 36 Unauthorised disclosure of confidential information
Division 4--Offences
- 37 Continuing offence
- 38 Regulatory offences
- 39 Obstruction of authorised officers
- 40 Liability of owner or person in control of registered vessel for illegal use of vessel, fishing gear or equipment
- 40A Failure of licensee or vessel owner to notify change of address for service
- 40B Unauthorised trafficking in or possession of fish of priority species
- 41 Falsely identifying fish or aquatic life for sale
- 42 Buying, selling or possessing fish or aquatic life taken illegally
- 43 Offences relating to aquaculture
- 43A Time for commencing prosecution
- 44 Averments and evidence
- 45 Liability of directors
- 45A Court may order payment for permit offences
- 45B Court may order payment of costs of storage of things seized
- 46 Court may order forfeiture
Division 4A--Infringement notice offences
- 46A Infringement notice offence and prescribed amount payable
- 46B When infringement notice may be given
- 46C Contents of infringement notice
- 46D Payment by cheque
- 46E Withdrawal of infringement notice
- 46F Application of Division
Division 4B--Confiscation offences
- 46G Application of Division
- 46H Contravention notice
- 46J Seized property to be held by Director
- 46K Application by alleged offender or owner to Court in relation to contravention notice
- 46L Application by Director to Court in relation to contravention notice
- 46M How Court deals with matter
- 46N Relationship with other seizure powers
Division 5--Regulations
- 47 Regulations
- 48 Special Regulations relating to aquaculture
- 49 Management plans and certain notices to have status of regulations
PART 5--MISCELLANEOUS MATTERS
Division 1--Review of decisions
Division 2--Other matters
- 51 Fishing Industry Research and Development Trust Fund
- 52 Fishing Industry Research and Development Trust Fund advisory committee
- 54 Research and development of fisheries
- 55 Crown land leases for aquaculture
- 56 Conversion factors for greenweight of fish
- 57 Acquisition on just terms
PART 6--FISHERIES ARRANGEMENTS
Division 1--Joint Authorities
- 58 Powers and functions of Minister
- 59 Judicial notice
- 60 Functions of Joint Authority
- 61 Delegation
- 62 Procedure of Joint Authority
- 63 Report of Joint Authority
Division 2--Arrangements with respect to the management of fisheries
Subdivision 1--General matters- 63A Definition
- 64 Arrangements for management of fisheries
- 64A Variation and termination of arrangements
- 65 Application of this Act to fisheries in accordance with arrangements
- 66 Functions, powers and objects of Joint Authority
- 67 Joint Authority to exercise certain powers instead of Director
- 68 Application of provisions relating to offences
- 69 Presumption relating to certain statements
- 70 Regulations and notices Subdivision 2--Joint Authority fishery management plans
- 70A Joint Authority to prepare management plans
- 70B Fisheries management advisory committees
- 70C Procedure in relation to management plans
- 70D Amendments to management plans
- 70E Joint Authority may make emergency amendments to management plans
PART 7--TRANSITIONAL MATTERS FOR FISHERIES ACT 1988
- 71 Savings and transitional
PART 8--TRANSITIONAL MATTERS FOR FISHERIES LEGISLATION AMENDMENT ACT 2016
- 72 Definitions
- 73 Offence provisions – before and after commencement
- 74 Licences, permits and vessel registration
- 75 Pending applications
- 76 Pending reviews by Director
- 77 Pending reviews by Local Court
- 78 Identity cards
- 79 Register
- 80 Pending applications for registration of third party interests
- 81 Management plans
- 82 Fishing Industry Research and Development Fund
- 83 Fishing Industry Research and Development Fund advisory committee