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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
FISHERIES BILL 1994
Queensland
FISHERIES BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Objectives
3 Objectives of Act and their achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Interpretation
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 Meaning of "fish" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
6 Meaning of "fisheries agency" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
7 Meaning of "fishery" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
8 Meaning of "marine plant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
9 Meaning of "quota" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Operation of Act
10 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
11 General application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
12 When Act does not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
13 Exemptions from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14 Aborigines' and Torres Strait Islanders' rights to take fisheries
resources etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 2--QUEENSLAND FISHERIES POLICY COUNCIL
15 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
16 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
17 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2
Fisheries
18 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
19 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--CHIEF EXECUTIVE
20 Chief executive's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
21 Chief executive may delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
22 Integrated development approval system regulations and guidelines . . . . . 32
PART 4--QUEENSLAND FISHERIES MANAGEMENT
AUTHORITY
Division 1--Establishment of Authority
23 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
24 Authority is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Functions and powers of Authority
25 Authority's primary function and its achievement . . . . . . . . . . . . . . . . . . . . 34
26 Authority's other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
27 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
28 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3--Reserve powers of Minister
29 Reserve power of Minister to notify Authority of public sector policies . . . 36
30 Reserve power of Minister to give directions in public interest . . . . . . . . . 37
31 Details of notices and directions etc. to be included in annual report . . . . 37
PART 5--FISHERIES MANAGEMENT
Division 1--Management plans
32 Making of management plans by fisheries agencies etc. . . . . . . . . . . . . . . . 38
33 Procedure to make management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34 Management plan must be approved by Governor in Council . . . . . . . . . . . 38
35 What management plan must deal with . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
36 What management plan may deal with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
37 Management plan may declare closed season, closed waters etc. . . . . . . . 39
38 Management plan may prescribe quotas etc. . . . . . . . . . . . . . . . . . . . . . . . . 40
39 Amendment or repeal of management plan . . . . . . . . . . . . . . . . . . . . . . . . . . 40
40 Compensation not payable on making, amendment or repeal . . . . . . . . . . . 40
41 Management plan may provide penalty for contravention . . . . . . . . . . . . . . 41
42 Regulation may make provision about management plan matters . . . . . . . 41
3
Fisheries
Division 2--Fisheries declarations
43 Declaration of closed season, closed waters etc. . . . . . . . . . . . . . . . . . . . . . 41
44 Declaration of quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
45 Fisheries declaration is subordinate legislation . . . . . . . . . . . . . . . . . . . . . . 42
46 Emergency fisheries declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
47 Compensation not payable on making, amendment or repeal . . . . . . . . . . . 43
48 Regulation may make provision about fisheries declaration matters etc. . . 43
Division 3--Authorities
Subdivision 1--General
49 Authorities that may be issued under Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
50 Who issues authorities (other than permits) . . . . . . . . . . . . . . . . . . . . . . . . . 44
51 Who issues permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
52 Things authorised by authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
53 Form, content and term of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 2--Issue and renewal
54 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
55 Consideration of application for issue of authority . . . . . . . . . . . . . . . . . . . . 46
56 Application for renewal of authority (other than permit) . . . . . . . . . . . . . . . 46
57 Permit not renewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
58 Consideration of application for renewal of authority (other than
permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
59 Refusal to issue or renew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
60 Notice of refusal of application for issue or renewal etc. . . . . . . . . . . . . . . . 48
Subdivision 3--Conditions
61 Conditions imposed on issue or renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
62 Conditions imposed under regulations and management plans . . . . . . . . . . 49
Subdivision 4--Amendment
63 Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
64 Notice to return authority for alteration after amendment . . . . . . . . . . . . . . 51
Subdivision 5--Transfer
65 Transfer of authority (other than permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
66 Permits not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
4
Fisheries
Subdivision 6--Suspension and cancellation
67 Suspension or cancellation of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
68 Procedure for cancellation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
69 Effect of suspension on renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
70 Authority to be returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 7--Replacement and surrender
71 Replacement of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
72 Surrender of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 8--Registers and certificates
73 Registers of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
74 Certificates about authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Subdivision 9--Offences about authorities and registers
75 False representations about authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
76 Offences about registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 4--Fisheries offences
77 Closed season and closed waters offences . . . . . . . . . . . . . . . . . . . . . . . . . . 58
78 Prohibited acts about regulated fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
79 Quota offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
80 Fish not to be taken in prohibited way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
81 Use of explosives etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
82 Offence to do prescribed act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
83 Additional penalty based on value of fish taken in trade or commerce . . . 59
84 Prohibited fishing apparatus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
85 Sale etc. of commercial fishing apparatus prohibited in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
86 Dockets for wholesale sale of fisheries resources etc. . . . . . . . . . . . . . . . . . 61
87 Interference etc. with aquaculture activity or fishing apparatus . . . . . . . . . 62
88 Holder of authority to have it available for immediate inspection etc. . . . . 62
Division 5--Noxious and nonindigenous fisheries resources and
aquaculture fish
89 Noxious fisheries resources not to be possessed, released etc. . . . . . . . . . . 62
90 Nonindigenous fisheries resources not to be possessed, released etc. . . . . . 63
91 Aquaculture fisheries resources not to be released . . . . . . . . . . . . . . . . . . . . 63
5
Fisheries
92 Duty of person who takes or possesses noxious or nonindigenous
fisheries resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
93 Recovery of costs of removing noxious fisheries resources etc. . . . . . . . . . 64
Division 6--Diseased fisheries resources
94 Chief executive may declare diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
95 Chief executive may declare quarantine area . . . . . . . . . . . . . . . . . . . . . . . . 65
96 Emergency disease or quarantine declarations . . . . . . . . . . . . . . . . . . . . . . . 66
97 Regulation may make provision about disease or quarantine
declaration matters etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
98 Offence to contravene quarantine or emergency quarantine declaration . . 67
99 Holder of authority to help in declared quarantine area . . . . . . . . . . . . . . . . 67
100 Notice to be given about diseased fisheries resources or habitat . . . . . . . . 68
101 Chief executive or inspector may take action required by
quarantine declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
102 Revocation of quarantine or emergency quarantine declaration . . . . . . . . . 68
103 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
104 Offence to communicate disease to live fisheries resources or
fish habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
105 Offence to sell diseased fisheries resources and products . . . . . . . . . . . . . . 69
106 Offence to leave diseased fisheries resources and products in a place . . . . 69
107 Offence to bring diseased fisheries resources and products into
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 7--Orders for destruction
108 Order for taking and removing, or destroying, noxious,
nonindigenous or diseased fisheries resources or aquaculture fish . . . . . . . 70
109 Order to stop or delay escape of noxious, nonindigenous or
diseased fisheries resources or aquaculture fish . . . . . . . . . . . . . . . . . . . . . . 70
110 Recovery of costs of complying with order . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 8--Fish ways
111 Purpose of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
112 Offence to build waterway barrier works without approval . . . . . . . . . . . . . 71
113 Application for approval to build waterway barrier works . . . . . . . . . . . . . . 72
114 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
115 Notice of refusal to give approval etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
116 Chief executive may direct building of fish way . . . . . . . . . . . . . . . . . . . . . 73
6
Fisheries
Division 9--Fisheries Research Fund
117 Fisheries Research Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 10--General
118 Statistical returns to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
119 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 6--PROTECTION AND CONSERVATION OF FISH
HABITATS
120 Declaration of fish habitat areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
121 Management of declared fish habitat areas . . . . . . . . . . . . . . . . . . . . . . . . . . 75
122 Protection of fisheries resources in declared fish habitat area . . . . . . . . . . . 75
123 Protection of marine plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
124 Chief executive may rehabilitate or restore land etc. . . . . . . . . . . . . . . . . . . 76
125 Notice to restore fish habitat etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
PART 7--COMMONWEALTHSTATE MANAGEMENT OF
FISHERIES
126 Functions and powers of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
127 Minister to table reports of Joint Authorities . . . . . . . . . . . . . . . . . . . . . . . . . 78
128 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
129 Functions of Joint Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
130 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
131 Proceedings of Joint Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
132 Making of Joint Authority and other Commonwealth-State
arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
133 Ending of Commonwealth-State arrangements . . . . . . . . . . . . . . . . . . . . . . . 80
134 Application of Queensland law to fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . 80
135 Additional functions of Joint Authority for fishery under
Queensland law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
136 Exercise of powers for Joint Authority fishery under Queensland law . . . . . 81
137 Application of provisions about offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
138 Presumption about certain statements in arrangements . . . . . . . . . . . . . . . . 82
139 Instruments for Commonwealth-State fisheries under Queensland law . . . . 82
PART 8--ENFORCEMENT
Division 1--Inspectors
140 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
7
Fisheries
141 Limitation of inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
142 Inspector's conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
143 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
144 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 84
Division 2--Powers of inspectors for places, boats and vehicles
145 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
146 Boarding of boats and entry of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
147 Boarding of boat, or entry of vehicle, that is moving or about to move . . . 87
148 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
149 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 88
150 Inspector's general powers for places, boats and vehicles . . . . . . . . . . . . . . 90
151 Power to seize evidence from places etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
152 Power to seize evidence after boarding a boat or entering a vehicle . . . . . 93
153 Additional power to seize fisheries resources etc. . . . . . . . . . . . . . . . . . . . . 93
154 Seizure of fisheries resources in heap etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
155 Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 3--Procedures after seizure
Subdivision 1--General
156 Receipt to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
157 Inspector to allow inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
158 Inspector may dispose of fisheries resources taken unlawfully . . . . . . . . . . 96
159 Seized fisheries resources become Authority's property . . . . . . . . . . . . . . . 97
160 Authority may return seized things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
161 Obligation to return seized things (other than fisheries resources) . . . . . . . 98
162 Obligation to pay net proceeds of sale of fisheries resources . . . . . . . . . . . 98
163 Authority may order forfeiture of unclaimed things . . . . . . . . . . . . . . . . . . . 99
Subdivision 2--Appeal against seizure of fisheries resources
164 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
165 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
166 Powers of Magistrates Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
167 Court may give Authority directions about disposal of seized
fisheries resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
168 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . 101
8
Fisheries
Division 4--Other enforcement powers of inspectors
169 Power to stop persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
170 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
171 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . 102
172 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 103
173 Powers of inspector about explosives etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 5--Other enforcement matters
174 Restraining orders against persistent offenders . . . . . . . . . . . . . . . . . . . . . . 104
175 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
176 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 105
177 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
178 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
179 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
180 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
181 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
182 Obstruction etc. of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
183 Impersonation of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 6--Evidence
184 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
PART 9--ADMINISTRATIVE APPEALS
Division 1--Fisheries Tribunal
185 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
186 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
187 Acting members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
188 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
189 Tribunal expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 2--Proceedings of Tribunal
190 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
191 Decisions of Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
192 Evidence and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
193 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
194 Powers in relation to witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
9
Fisheries
195 Questions of law etc. to be decided by chairperson . . . . . . . . . . . . . . . . . . 115
Division 3--Jurisdiction of Tribunal
196 Appeals to Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
197 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
198 Stay of operation of decisions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
199 Powers of Tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
PART 10--OTHER PROVISIONS ABOUT THE AUTHORITY
Division 1--Membership of Authority
200 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
201 Selection committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
202 Selection of members for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
203 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
204 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 2--Proceedings of Authority
205 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
206 Procedures governing conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . 121
207 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
208 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 3--Employees
209 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 4--Other matters about the Authority
210 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
211 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
212 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
213 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
214 Authority to give reports to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
PART 11--MISCELLANEOUS
215 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
216 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 125
217 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
218 Identification of boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
219 Holder of authority responsible for ensuring Act complied with . . . . . . . . 127
10
Fisheries
220 Start of offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
221 Inspector not to have interest in authority . . . . . . . . . . . . . . . . . . . . . . . . . . 128
222 Penalties etc. to be paid to Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
223 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
PART 12--TRANSITIONAL PROVISIONS
Division 1--Transitional references
224 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
225 Fisheries Act 1976 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
226 Fishing Industry Organisation and Marketing Act 1982 references . . . . . . 129
227 Other references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 2--Other transitional provisions
228 Definitions for Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
229 Continuation of former Authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
230 Vesting of assets and pending legal proceedings . . . . . . . . . . . . . . . . . . . . 131
231 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
232 Existing superannuation arrangements and schemes . . . . . . . . . . . . . . . . . 132
233 Existing licences etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
234 Existing orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
235 Existing regulations and orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . 132
236 Continuation of Commonwealth-State cooperative arrangements . . . . . . . 133
237 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
238 Dissolution of Fish Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
239 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
240 Members of former Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
241 Unfinished appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
242 Fisheries Research Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
PART 13--REPEALS AND AMENDMENTS
243 Repeals--Sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
244 Amendments--Sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 136
ACTS REPEALED
11
Fisheries
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 137
ACTS AMENDED
ABORIGINAL LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
MARINE PARKS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PRIMARY PRODUCERS' COOPERATIVE ASSOCIATIONS
ACT 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
TORRES STRAIT FISHERIES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . 144
TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . 150
1994
A BILL
FOR
An Act for the management, use, development and protection of
fisheries resources and fish habitats and the management of
aquaculture activities, and for related purposes
s1 14 s3
Fisheries
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
1. This Act may be cited as the Fisheries Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Objectives 8
of Act and their achievement 9
Objectives
3.(1) The objectives of this Act include-- 10
(a) ensuring fisheries resources are used in an ecologically 11
sustainable way; and 12
(b) achieving the optimum community, economic and other benefits 13
obtainable from fisheries resources; and 14
(c) ensuring access to fisheries resources is fair. 15
(2) The objectives are to be achieved mainly by-- 16
(a) establishing the Queensland Fisheries Policy Council as a 17
representative body to advise on strategic policy issues affecting 18
fisheries resources and fish habitats; and 19
(b) establishing the Queensland Fisheries Management Authority to 20
manage and protect fisheries resources with the chief executive of 21
the department; and 22
s4 15 s4
Fisheries
(c) giving appropriate powers to enable the Authority and chief 1
executive to perform their respective functions; and 2
(d) providing for the management and protection of fish habitats; and 3
(e) providing for the management of commercial, recreational and 4
indigenous fishing; and 5
(f) providing for the prevention, control and eradication of disease in 6
fish; and 7
(g) providing for the management of aquaculture. 8
Division 3--Interpretation 9
10
Definitions
4. In this Act-- 11
"aquaculture" means the cultivation of live fisheries resources for sale 12
other than in circumstances prescribed under a regulation; 13
"aquaculture fisheries resources" means live fish and marine plants 14
cultivated in aquaculture; 15
"aquaculture furniture" means a cage, rack, tank, tray or anything else 16
used, or capable of being used, in aquaculture or to assist in 17
aquaculture; 18
"area" means an area of land, waters or both land and waters, and includes 19
a place; 20
"arrangement" includes agreement, promise, scheme, transaction (with or 21
without consideration), understanding and undertaking (whether 22
express or implied); 23
"Australian boat" has the meaning given by the Commonwealth Fisheries 24
Act; 25
"authority" means a licence, permit, quota or other authority in force under 26
this Act; 27
"Authority" means the Queensland Fisheries Management Authority; 28
"boat" includes a ship or other vessel of any size or type and however 29
s4 16 s4
Fisheries
propelled or moved, including, for example, a hovercraft and a 1
submersible vessel; 2
"body" of water includes a dam and waterway; 3
"buy" includes-- 4
(a) buy by wholesale, retail or auction; and 5
(b) accept, acquire or receive in trade or commerce or under an 6
arrangement; and 7
(c) agree, attempt or offer to buy; and 8
(d) cause or permit to be bought; 9
"closed season declaration" means a declaration in force under this Act 10
declaring a period to be a closed season;1 11
"closed waters declaration" means a declaration in force under this Act 12
declaring waters to be closed waters;2 13
"coastal waters" of the State has the meaning given by Commonwealth 14
Fisheries Act; 15
"Commonwealth Fisheries Act" means the Fisheries Management Act 16
1991 (Cwlth); 17
"Commonwealth Minister" has the meaning given by Part 5 of the 18
Commonwealth Fisheries Act; 19
"Commonwealth-State arrangement" means an arrangement made by 20
the State with the Commonwealth under this Act,3 and includes a Joint 21
1 Declarations may be made under the following provisions--
· section 37(1)(a)--management plans
· sections 42(1) and 48(1)--regulations
· sections 43(1)(a)--fisheries declarations
· section 46(1)--emergency fisheries declarations
2 Declarations may be made under the following provisions--
· section 37(1)(b)--management plans
· sections 42(1) and 48(1)--regulations
· section 43(1)(b--fisheries declarations
· section 46(1)--emergency fisheries declarations
3 Part 7 deals with Commonwealth-State fisheries management arrangements.
s4 17 s4
Fisheries
Authority arrangement; 1
"Commonwealth-State fishery" means a fishery for which there is in 2
force a Commonwealth-State arrangement, and includes a Joint 3
Authority fishery; 4
"condition" includes restriction; 5
"container" includes a basket, case and tray; 6
"conviction" includes a finding of guilt, and the acceptance of a plea of 7
guilty, by a court; 8
"coral limestone" means a calcareous deposit derived from coral, but does 9
not include shell grit or star sand; 10
"declaration" means a declaration in force under this Act; 11
"declared disease" means anything that is declared under this Act to be a 12
declared disease;4 13
"declared fish habitat area" means an area that is declared under this Act 14
to be a fish habitat area;5 15
"declared quarantine area" means an area that is declared under this Act 16
to be a quarantine area;6 17
"entity" includes an entity established under the law of the Commonwealth 18
or another State; 19
"fee" includes a charge or tax; 20
"fish" has the meaning given by section 5; 21
"fisheries agency" has the meaning given by section 6; 22
4 Declarations may be made under the following provisions--
· section 94(2)--disease declarations
· section 96(1)--emergency disease declarations
· section 97(1)--regulations
5 Section 120 deals with declaration of fish habitat areas.
6 Declarations may be made under the following provisions--
· section 95(1)--quarantine area declarations
· section 96(1)--emergency quarantine area declarations
· section 97(1)--regulations
s4 18 s4
Fisheries
"fisheries legislation" includes-- 1
(a) this Act or a former Act; and 2
(b) the Commonwealth Fisheries Act or the Fisheries Act 1952 3
(Cwlth); and 4
(c) the Marine Parks Act 1982 and the Great Barrier Reef Marine 5
Park Act 1975 (Cwlth); and 6
(d) another law of the State, the Commonwealth or another State-- 7
(i) about fishing, fisheries resources or fish habitats; or 8
(ii) prescribed under a regulation; 9
"fisheries offence" means an offence against fisheries legislation, and 10
includes a serious fisheries offence; 11
"fisheries resources" includes fish and marine plants; 12
"fishery" has the meaning given by section 7; 13
"fish habitat" includes land, waters and plants associated with the life 14
cycle of fish, and includes land and waters not presently occupied by 15
fisheries resources; 16
"fishing" includes-- 17
(a) searching for, or taking, fish; and 18
(b) attempting to search for, or take, fish; and 19
(c) engaging in other activities that can reasonably be expected to 20
result in the locating, or taking, of fish; and 21
(d) landing fish (from a boat or in another way), bringing fish ashore 22
or transhipping fish; 23
"fishing apparatus" means anything used, or capable of being used, to 24
take fish, or assist in the taking of fish, and includes, for example-- 25
(a) a hook, line or rod used, or capable of being used, to take fish; 26
and 27
(b) a crab pot, crayfish pot, net, pitch fork, spear gun or trap used, or 28
capable of being used, to take fish; 29
"fish way" means a fish ladder or another structure or device by which fish 30
can pass through, by or over waterway barrier works; 31
s4 19 s4
Fisheries
"foreign boat" has the meaning given by the Commonwealth Fisheries 1
Act; 2
"foreshore" means parts of the banks, bed, reefs, shoals, shore and other 3
land between high water and low water; 4
"former Act" means the Fisheries Act 1976 or Fishing Industry 5
Organisation and Marketing Act 1982; 6
"high water" means the mean height of the highest high water at spring 7
tide; 8
"holder" of an authority means the person to whom it is issued or 9
transferred; 10
"inspector" means a person who is appointed under this Act as an 11
inspector; 12
"issue" an authority (other than a permit) includes renew the authority; 13
"Joint Authority" means a Joint Authority established under the 14
Commonwealth Fisheries Act of which the Minister is a member; 15
"Joint Authority arrangement" means an arrangement made by the State 16
with the Commonwealth under this Act7, whether or not it is also 17
made with another State; 18
"Joint Authority fishery" means a fishery for which there is in force a 19
Joint Authority arrangement under which the fishery is to be under the 20
management of a Joint Authority; 21
"keep" includes possess; 22
"land" includes foreshores and tidal and nontidal land; 23
"leave" includes put; 24
"low water" means the mean height of the lowest low water at spring tide; 25
"management plan" means a management plan in force under this Act;8 26
"marine plant" has the meaning given by section 8; 27
7 Part 7 deals with Commonwealth-State fisheries management arrangements.
8 Management plans may be made under the following provisions--
· section 32--making of management plans by fisheries agencies
· section 42(1)--making of management plans by regulation
s4 20 s4
Fisheries
"net" means netting material used, or capable of being used, to take fish, 1
and includes tackle and equipment used, or capable of being used, with 2
a net; 3
"net proceeds of sale" of fisheries resources seized under this Act means 4
the amount left from the proceeds of the sale of the fisheries resources 5
after payment of-- 6
(a) expenses incurred in-- 7
(i) seizing the fisheries resources; and 8
(ii) transporting the fisheries resources from the place of seizure 9
to the place of sale; and 10
(iii) performing any necessary treatment of the fisheries 11
resources; and 12
(iv) storing the fisheries resources until delivery for sale; and 13
(v) selling the fisheries resources; and 14
(b) any other expenses prescribed under a regulation; 15
"netting material" includes material of any type formed into mesh; 16
"nonindigenous fisheries resources" means fisheries resources-- 17
(a) if used in relation to an area-- 18
(i) not spawned, born or grown in the area; and 19
(ii) not belonging to a species of fisheries resources native to the 20
area; or 21
(b) if used without reference to an area-- 22
(i) not spawned, born or grown in Queensland; and 23
(ii) not belonging to a species of fisheries resources native to 24
Queensland; 25
"nontidal land" includes land permanently or periodically submerged by 26
waters not subject to tidal influence; 27
"noxious fisheries resources" means fisheries resources prescribed under 28
a regulation or management plan to be noxious fisheries resources; 29
"noxious substance" means anything that-- 30
s4 21 s4
Fisheries
(a) is harmful, or produces conditions that are harmful, to fisheries 1
resources or fish habitats; or 2
(b) is prescribed under a regulation or management plan to be a 3
noxious substance; 4
"occupier" of a place includes a person who reasonably appears to be the 5
occupier, or in charge, of the place; 6
"owner" of a seized thing includes the person from whom the thing was 7
seized unless the Authority is aware of its actual owner; 8
"permit" means a permit in force under this Act; 9
"person in control" includes-- 10
(a) for a boat--the person who has, or reasonably appears to have, 11
command or charge of the boat; and 12
(b) for a vehicle--the vehicle's driver or the person who reasonably 13
appears to be the vehicle's driver; 14
"place" includes premises and a place on or in waters or on land, but does 15
not include a vehicle or boat; 16
"Policy Council" means the Queensland Fisheries Policy Council; 17
"possess" a thing includes-- 18
(a) have custody or control of the thing; and 19
(b) have an ability or right to obtain custody or control of the thing; 20
"premises" includes-- 21
(a) a building, wharf or other structure; and 22
(b) a part of a building, wharf or other structure; and 23
(c) land or waters where a building, wharf or other structure is 24
situated; 25
"public place" means a place that the public is entitled to use, is open to the 26
public or is used by the public, whether or not on payment of money; 27
"quarantine declaration" means a declaration in force under this Act 28
s4 22 s4
Fisheries
declaring an area to be a quarantine area;9 1
"Queensland waters" means all waters that are-- 2
(a) within the limits of the State; or 3
(b) coastal waters of the State; 4
"quota" means a quota (within the meaning of section 9) in force under 5
this Act;10 6
"regulated fish" means fish declared to be regulated fish by a regulated 7
fish declaration; 8
"regulated fish declaration" means a declaration in force under this Act 9
declaring fish to be regulated fish;11 10
"release" includes place; 11
"sell" includes-- 12
(a) sell by wholesale, retail or auction; and 13
(b) supply in trade or commerce or under an arrangement; and 14
(c) agree, attempt or offer to sell; and 15
(d) keep or expose for sale; and 16
(e) cause or permit to be sold; 17
"serious fisheries offence" means an offence against fisheries legislation 18
9 Declarations may be made under the following provisions--
· section 95(1)--quarantine area declarations
· section 96(1)--emergency quarantine area declarations
· section 97(1)--regulations
10 Quotas may be made under the following provisions--
· section 38--management plans
· sections 42(1) and 48(1)--regulations
· section 44(1)--quota declarations
· section 61(1)(a)--quotas imposed as condition of authorities
11 Declarations may be made under the following provisions--
· section 37(1)(c)--management plans
· sections 42(1) and 48(1)--regulations
· section 43(1)(c)--fisheries declarations
· section 46(1)--emergency fisheries declarations
s5 23 s5
Fisheries
prescribed under a regulation or management plan to be a serious 1
fisheries offence; 2
"species" of a fish or plant means a species, subspecies, hybrid, variant, 3
race, mutation or geographically separate population of the animal or 4
plant; 5
"stowed and secured" has the meaning given under a regulation or 6
management plan; 7
"take" fisheries resources includes-- 8
(a) catch, gather, kill or obtain from water or land; and 9
(b) attempt to catch, gather, kill or obtain from water or land; and 10
(c) land (from a boat or in another way), bring ashore or tranship; 11
"tidal land" includes reefs, shoals and other land permanently or 12
periodically submerged by waters subject to tidal influence; 13
"trade or commerce" includes-- 14
(a) a business activity; and 15
(b) anything else done for gain or reward; 16
"Tribunal" means the Fisheries Tribunal; 17
"unlawfully" means without authority under this Act or other legal 18
authority, justification or excuse under an Act; 19
"vehicle" includes a caravan, trailer and aircraft, but does not include a boat; 20
"waterway" includes a river, creek, stream, watercourse or inlet of the sea; 21
"waterway barrier works" means a dam, weir or other barrier across a 22
waterway. 23
of "fish" 24
Meaning
5.(1) "Fish" means an animal (whether living or dead) of a species that 25
throughout its life cycle usually lives-- 26
(a) in water (whether freshwater or saltwater); or 27
(b) in or on foreshores; or 28
(c) in or on land under water. 29
s5 24 s5
Fisheries
(2) "Fish" includes-- 1
(a) prawns, crayfish, rock lobsters, crabs and other crustaceans; and 2
(b) scallops, oysters, pearl oysters and other molluscs; and 3
(c) sponges, annelid worms, beche-de-mer and other holothurians, 4
sea snakes, marine mammals and turtles; and 5
(d) trochus and green snails. 6
(3) However, "fish" does not include-- 7
(a) crocodiles; or 8
(b) protected animals under the Nature Conservation Act 1992; or 9
(c) animals prescribed under a regulation not to be fish. 10
(4) "Fish" also includes-- 11
(a) the spat, spawn and eggs of fish; and 12
(b) any part of fish or of spat, spawn or eggs of fish; and 13
(c) treated fish, including treated spat, spawn and eggs of fish; and 14
(d) coral, coral limestone, shell grit or star sand; and 15
(e) freshwater or saltwater products declared under a regulation to be 16
fish. 17
(5) A regulation under subsection (4)(e) may declare a product to be fish 18
only-- 19
(a) for a particular provision of this Act; or 20
(b) if the product is used for a particular purpose. 21
(6) Subsection (5) does not limit the following provisions of the 22
Statutory Instruments Act 1992-- 23
· section 24 (Statutory instrument may be of general or limited 24
application) 25
· section 25 (Statutory instrument may make different provision 26
for different categories). 27
s6 25 s7
Fisheries
of "fisheries agency" 1
Meaning
6.(1) "Fisheries agency" means-- 2
(a) for an issue mentioned in subsection (2)--the chief executive; or 3
(b) for an issue mentioned in subsection (4)--the Authority. 4
(2) The chief executive is the fisheries agency for issues about the 5
following-- 6
(a) aquaculture; 7
(b) marine plants; 8
(c) fish habitat; 9
(d) diseased fisheries resources; 10
(e) coral limestone; 11
(f) fish ways. 12
(3) However, a regulation may provide that subsection (2) applies or 13
does not apply to a specified activity or thing. 14
(4) The Authority is the fisheries agency for all other issues about fish.12 15
of "fishery" 16
Meaning
7. "Fishery" includes activities by way of fishing, including, for 17
example, activities specified by reference to all or any of the following-- 18
(a) a species of fish; 19
(b) a type of fish by reference to sex, size or age or another 20
characteristic; 21
(c) an area; 22
(d) a way of fishing; 23
(e) a type of boat; 24
(f) a class of person; 25
12 Section 50 sets out the respective roles of the chief executive and Authority for
the issue and renewal of authorities (other than permits), and section 51 sets out
their respective roles for the issue of permits.
s8 26 s9
Fisheries
(g) the purpose of an activity; 1
(h) the effect of the activity on a fish habitat, whether or not the 2
activity involves fishing; 3
(i) anything else prescribed under a regulation. 4
of "marine plant" 5
Meaning
8.(1) "Marine plant" includes the following-- 6
(a) a plant (a "tidal plant") that usually grows on, or adjacent to, 7
tidal land, whether it is living, dead, standing or fallen; 8
(b) material of a tidal plant, or other plant material on tidal land; 9
(c) a plant, or material of a plant, prescribed under a regulation or 10
management plan to be a marine plant. 11
(2) "Marine plant" does not include a declared plant under the Rural 12
Lands Protection Act 1985. 13
of "quota" 14
Meaning
9. "Quota" includes a restriction on activities by way of fishing, 15
including, for example, a restriction specified by reference to all or any of 16
the following-- 17
(a) a quantity of fish; 18
(b) a percentage of a quantity of fish; 19
(c) a period of time; 20
(d) an area; 21
(e) the length or another reference to the size of a boat; 22
(f) a quantity or type of fishing apparatus or aquaculture furniture; 23
(g) an activity affecting a fish habitat, whether or not the activity 24
involves fishing; 25
(h) anything else prescribed under a regulation. 26
s 10 27 s 11
Fisheries
4--Operation of Act 1
Division
binds all persons 2
Act
10. This Act binds all persons, including the State. 3
application of Act 4
General
11.(1) This Act applies to persons, things, acts and omissions on or in-- 5
(a) land within the limits of the State; and 6
(b) Queensland waters. 7
(2) However, this Act does not apply to-- 8
(a) activities to which a Commonwealth law cooperative fishery 9
applies; or 10
(b) the taking of fish, within the meaning of the Torres Strait 11
Fisheries Act 1984 (Cwlth), for the purposes of a 12
Commonwealth law Torres Strait cooperative fishery; or 13
(c) the landing in Queensland of fish taken under a Commonwealth 14
fishing concession as mentioned in section 10(2)(c) of the 15
Commonwealth Fisheries Act; or 16
(d) exclusive Commonwealth matters for a State law cooperative 17
fishery. 18
(3) This Act also applies to-- 19
(a) recreational fishing carried on in the part of the Australian fishing 20
zone that is the adjacent area for Queensland by the use of an 21
Australian boat; and 22
(b) activities in the Australian fishing zone to which a State law 23
cooperative fishery applies. 24
(4) Subsection (3)(a) does not apply to recreational fishing regulated by a 25
Commonwealth plan of management. 26
(5) Subsection (3)(b) does not apply to exclusive Commonwealth 27
matters for the State law cooperative fishery. 28
(6) In this section-- 29
s 12 28 s 12
Fisheries
"adjacent area" for Queensland has the meaning given by the Petroleum 1
(Submerged Lands) Act 1967 (Cwlth); 2
"Australian fishing zone" has the meaning given by the Commonwealth 3
Fisheries Act; 4
"Commonwealth fishing concession" means a fishing concession within 5
the meaning of the Commonwealth Fisheries Act; 6
"Commonwealth law cooperative fishery" means a 7
Commonwealth-State fishery managed under Commonwealth law; 8
"Commonwealth law Torres Strait cooperative fishery" means a 9
fishery managed under Commonwealth law under an arrangement 10
under Part 3 of the Torres Strait Fisheries Act 1984; 11
"Commonwealth plan of management" means a plan of management 12
within the meaning of the Commonwealth Fisheries Act; 13
"exclusive Commonwealth matter", for a State law cooperative fishery, 14
means any of the following matters-- 15
(a) foreign boats; 16
(b) operations on and from foreign boats; 17
(c) persons on foreign boats; 18
(d) for activities in the Australian fishing zone--matters that 19
happened before the Commonwealth-State arrangement for the 20
fishery took effect if Commonwealth law applies to the matters; 21
"recreational fishing" has the same meaning as in the Commonwealth 22
Fisheries Act; 23
"State law cooperative fishery" means a Commonwealth-State fishery 24
managed in accordance with State law. 25
Act does not apply 26
When
12. This Act does not apply to-- 27
(a) the unintentional taking of regulated fish or marine plants if the 28
fish or plants are not intentionally or recklessly injured or 29
damaged and are immediately put back; or 30
(b) the unintentional possession of regulated fish or marine plants by 31
s 13 29 s 14
Fisheries
a person if the fish or plants are not intentionally or recklessly 1
injured or damaged and the person cannot, because of 2
circumstances beyond the person's control, put the fish or plants 3
back immediately they come into the person's possession; or 4
(c) the use of a hand net to lift from water fish taken by other fishing 5
apparatus; or 6
(d) the use of a gaff to secure fish taken by other fishing apparatus. 7
from Act 8
Exemptions
13.(1) A regulation may exempt a person from this Act or a provision of 9
this Act. 10
11
Examples--
12
1. A regulation may exempt a person who keeps live fish, for sale, in a pet shop or
13
restaurant from all provisions of the Act.
14
2. A regulation may exempt a person from all provisions of the Act for the use or
15
possession of specified fishing apparatus.
(2) The exemption may be given on conditions stated in the regulation. 16
(3) A person must not contravene a condition of an exemption that 17
applies to the person. 18
Maximum penalty for subsection (3)--200 penalty units. 19
and Torres Strait Islanders' rights to take fisheries 20
Aborigines'
resources etc. 21
14.(1) An Aborigine may take, use or keep fisheries resources, or use 22
fish habitats, under Aboriginal tradition, and a Torres Strait Islander may 23
take, use or keep fisheries resources, or use fish habitats, under Island 24
custom. 25
(2) However, subsection (1) is subject to a provision of a regulation or 26
management plan that expressly applies to acts done under Aboriginal 27
tradition or Island custom. 28
(3) A regulation or management plan mentioned in subsection (2) may 29
be developed only after cooperating with Aborigines or Torres Strait 30
Islanders, considered by the fisheries agency to be appropriate, to reach 31
s 15 30 s 17
Fisheries
agreement, or reasonably attempt to reach agreement, about the proposed 1
regulation or plan. 2
PART 2--QUEENSLAND FISHERIES POLICY 3
COUNCIL 4
5
Establishment
15. The Queensland Fisheries Policy Council is established. 6
unctions 7
F
16.(1) The functions of the Policy Council are-- 8
(a) to examine, and advise the Minister on, the strategic issues facing 9
fisheries resources and fish habitats, and to recommend 10
appropriate policy responses; and 11
(b) to examine, and make recommendations to the Minister on, 12
issues affecting fisheries resources and fish habitats; and 13
(c) to examine, and make recommendations to the Minister on, the 14
operation of this Act and achievement of the Act's objectives; and 15
(d) to examine, and make recommendations to the Minister on, the 16
Authority's strategic plan; and 17
(e) to examine, and advise the Minister, on issues affecting the 18
wellbeing of fisheries resources and fish habitats; and 19
(f) to perform other functions given to the Policy Council under this 20
or another Act. 21
(2) The Policy Council may examine issues, and give advice or make 22
recommendations, on its own initiative or if asked by the Minister. 23
24
Composition
17. The Policy Council consists of-- 25
s 18 31 s 20
Fisheries
(a) the Minister or the Minister's nominee (who is chairperson of the 1
Policy Council); and 2
(b) other persons the Minister considers necessary and appropriate to 3
represent adequately strategic interests in fisheries resources and 4
fish habitats, and appoints as members of the Policy Council. 5
6
Meetings
18.(1) The Policy Council may meet whenever it is necessary to transact 7
its business. 8
(2) However, the Policy Council must meet at least once every 6 months. 9
(3) The Minister-- 10
(a) may at any time call a meeting of the Policy Council; and 11
(b) must call a meeting if asked by at least three-quarters of the 12
Council members. 13
14
Committees
19.(1) The Policy Council may establish committees to advise it. 15
(2) The Policy Council may decide-- 16
(a) the functions or terms of reference of a committee; and 17
(b) the membership of a committee; and 18
(c) how the committee is to operate. 19
ART 3--CHIEF EXECUTIVE 20
P
executive's functions 21
Chief
20.(1) The chief executive is, on behalf of the State, responsible under 22
this Act for-- 23
(a) the management, use, development and protection of aquaculture, 24
marine plants, fish habitats and coral limestone; and 25
s 21 32 s 22
Fisheries
(b) the management, control and, if possible, elimination of diseased 1
fisheries resources; and 2
(c) fish ways. 3
(2) This Act does not limit the functions and powers of the chief 4
executive under other laws. 5
executive may delegate 6
Chief
21.(1) The chief executive may delegate the chief executive's powers 7
under this Act to-- 8
(a) the Authority, a local government or an entity prescribed under a 9
regulation (a "prescribed entity"); or 10
(b) an officer or employee of the public service; or 11
(c) an officer, employee or member of the Authority, a local 12
government or prescribed entity; or 13
(d) an officer or employee of the Commonwealth or another State. 14
(2) A delegation of a power to the Authority, a local government or a 15
prescribed entity may permit the subdelegation of the power. 16
(3) This section does not limit powers delegation of the chief executive 17
has under other laws. 18
development approval system regulations and guidelines 19
Integrated
22.(1) A regulation may make provision about, or empower the chief 20
executive to make guidelines about-- 21
(a) the policy objectives and criteria to which a person (the 22
"delegate") exercising a power delegated by the chief executive 23
must have regard; and 24
(b) the way in which the delegate must exercise the power, including, 25
for example, time limits for the making of decisions; and 26
(c) appeals from decisions of the delegate; and 27
(d) the cases involving the exercise of a power delegated by the chief 28
executive that must be referred to the chief executive or someone 29
s 23 33 s 24
Fisheries
else for decision, including the criteria to be applied in deciding 1
whether a particular case must be referred; and 2
(e) the conditions to which an authority issued by the delegate must 3
be subject; and 4
(f) the consequences of contravention of the regulation or guidelines. 5
(2) This section does not limit section 27A (Delegation of powers) of the 6
Acts Interpretation Act 1954. 7
ART 4--QUEENSLAND FISHERIES 8
P
MANAGEMENT AUTHORITY 9
1--Establishment of Authority 10
Division
11
Establishment
23. The Queensland Fisheries Management Authority is established. 12
is a body corporate etc. 13
Authority
24.(1) The Authority-- 14
(a) is a body corporate with perpetual succession; and 15
(b) has a common seal; and 16
(c) may sue and be sued in its corporate name. 17
(2) The Authority does not represent the State. 18
(3) However, the Authority is an exempt public authority under the 19
Corporations Law. 20
s 25 34 s 26
Fisheries
2--Functions and powers of Authority 1
Division
primary function and its achievement 2
Authority's
25.(1) The Authority's primary function is to ensure the appropriate 3
management, use, development and protection of fisheries resources. 4
(2) However, the Authority's primary function does not extend to 5
matters within the chief executive's functions under this Act. 6
(3) The primary function is to be achieved mainly through the 7
formulation under this Act of regulations, management plans and 8
declarations having regard to the principles of ecologically sustainable 9
development. 10
(4) In this section-- 11
"ecologically sustainable development" means development-- 12
(a) carried out in a way that maintains biodiversity and the ecological 13
processes on which fisheries resources depend; and 14
(b) that maintains and improves the total quality of present and future 15
life. 16
other functions 17
Authority's
26.(1) The other functions of the Authority are-- 18
(a) to ensure the fair division of access to fisheries resources for 19
commercial, recreational and indigenous use; and 20
(b) to supervise and control the way, extent and conditions of 21
producing, harvesting, treating, transporting and selling of 22
fisheries resources for use in the State or elsewhere; and 23
(c) to ensure that economic efficiency is properly taken into account 24
in developing management arrangements for fisheries resources; 25
and 26
(d) to conduct or support fisheries research and development; and 27
(e) to supply or support fisheries educational programs and codes of 28
practice for fisheries management; and 29
s 27 35 s 27
Fisheries
(f) to examine, and advise the Minister, Policy Council or chief 1
executive on, issues affecting fisheries resources and fish habitats; 2
and 3
(g) to examine, and advise the Minister on, the administration of this 4
Act, and to make any recommendations it considers appropriate; 5
and 6
(h) to perform other functions given to the Authority under this or 7
another Act. 8
(2) However, the Authority's functions under subsection (1)(a) to (c) and 9
(h) do not extend to matters within the chief executive's functions under this 10
Act. 11
(3) The Authority may examine issues, and give advice or make 12
recommendations, on its own initiative or if asked by the Minister, Policy 13
Council or chief executive. 14
15
Powers
27.(1) The Authority has all the powers of an individual, and may, for 16
example-- 17
(a) enter into contracts; and 18
(b) acquire, hold, deal with and dispose of property; and 19
(c) appoint agents and attorneys; and 20
(d) charge for services and facilities it supplies; and 21
(e) join and take part in industry associations; and 22
(f) support financially or in another way an entity promoting or 23
wanting to promote fisheries resources; and 24
(g) enter into agreements or arrangements with the Commonwealth, 25
another State or an entity prescribed by regulation for the 26
management, use, development or protection of fisheries 27
resources; and 28
(h) formulate and operate arrangements (including funding) for 29
adjusting the use of fisheries resources, including, for example, 30
by adjusting the number of authorities for a fishery; and 31
s 28 36 s 29
Fisheries
(i) formulate fisheries restocking and enhancement programs; and 1
(j) perform, or arrange for the performance of, research, education 2
and environmental programs; and 3
(k) do anything else necessary or convenient to be done for, or in 4
connection with, the performance of its functions. 5
(2) Without limiting subsection (1), the Authority has the powers given 6
to it under this or another Act. 7
(3) The Authority may exercise its powers inside and outside 8
Queensland, including outside Australia. 9
10
Delegation
28.(1) The Authority may delegate its powers to-- 11
(a) the chief executive, a local government or an entity prescribed 12
under a regulation (a "prescribed entity"); or 13
(b) a committee established by it; or 14
(c) an Authority member or employee; or 15
(d) an officer or employee of the public service; or 16
(e) an officer, employee or member of a local government or 17
prescribed entity; or 18
(f) an officer or employee of the Commonwealth or another State. 19
(2) A delegation of a power to the chief executive, a local government or 20
a prescribed entity may permit the subdelegation of the power. 21
3--Reserve powers of Minister 22
Division
power of Minister to notify Authority of public sector policies 23
Reserve
29.(1) The Minister may give the Authority written notice of a public 24
sector policy that is to apply to the Authority if the Minister is satisfied it is 25
necessary to give the notice in the public interest. 26
(2) The Authority must comply with the policy. 27
s 30 37 s 31
Fisheries
(3) Before giving the notice, the Minister must-- 1
(a) consult with the Authority; and 2
(b) ask the Authority to advise whether, in its opinion, complying 3
with the policy would not be in its financial interest or the 4
interests of the most appropriate management, use, development 5
or protection of fisheries resources. 6
(4) The Minister must gazette a copy of the notice within 21 days after it 7
is given. 8
power of Minister to give directions in public interest 9
Reserve
30.(1) The Minister may give the Authority a written direction if the 10
Minister is satisfied it is necessary to give the direction in the public interest 11
because of exceptional circumstances. 12
(2) The Authority must comply with the direction. 13
(3) Before giving the direction, the Minister must-- 14
(a) consult with the Authority; and 15
(b) ask the Authority to advise whether, in its opinion, complying 16
with the direction would not be in its financial interest or the 17
interests of the most appropriate management, use, development 18
or protection of fisheries resources. 19
(4) The Minister must gazette a copy of the direction within 21 days after 20
it is given. 21
of notices and directions etc. to be included in annual report 22
Details
31. Each annual report of the Authority must include-- 23
(a) particulars of the impact on its financial position, or on the 24
management, use, development or protection of fisheries 25
resources, of notices and directions given to it by the Minister 26
under this Division for the relevant financial year; and 27
(b) a copy of each notice and direction and an outline of the action 28
taken by the Authority in response to the notice or direction. 29
s 32 38 s 35
Fisheries
ART 5--FISHERIES MANAGEMENT 1
P
1--Management plans 2
Division
of management plans by fisheries agencies etc. 3
Making
32.(1) A fisheries agency may make a management plan for a fishery. 4
(2) A management plan is subordinate legislation. 5
to make management plan 6
Procedure
33.(1) Before making a management plan for a fishery, a fisheries 7
agency must prepare a draft plan and take reasonable steps to engage in 8
consultation about the draft plan. 9
(2) The draft plan must be published in the way and contain the 10
information prescribed under a regulation. 11
plan must be approved by Governor in Council 12
Management
34. A management plan does not have effect until it has been approved 13
by the Governor in Council. 14
management plan must deal with 15
What
35. A management plan for a fishery must state-- 16
(a) a description of the fishery; and 17
(b) the known status of the fishery; and 18
(c) the objectives of the management plan; and 19
(d) how the objectives are to be achieved; and 20
(e) how the plan may be amended or repealed, including the 21
consultation and other processes to be followed before 22
amendment or repeal. 23
s 36 39 s 37
Fisheries
management plan may deal with 1
What
36. The management plan may make provision about anything 2
prescribed under a regulation for the fishery or the fisheries agency 3
considers appropriate to deal with in the plan. 4
5
Examples of what the fisheries agency may consider appropriate to deal with--
6
1. Fishing capacity of the fishery and its measurement.
7
2. The way the fishery is to be managed, which may include, for example,
8
the regulation of the following--
9
(a) fishing methods;
10
(b) taking of a species, type or quantity of fisheries resources;
11
(c) the use of a type, size or quantity of fishing apparatus;
12
(d) use of a type or number of boats;
13
(e) a period of fishing.
14
3. Management of the fishery by a system of authorities.
15
4. Procedures to be followed to select persons to whom authorities are to be
16
issued.
17
5. Obligations of holders of authorities.
18
6. Regulation of recreational activities in the fishery.
19
7. Regulation of fishing for research purposes in the fishery.
20
8. Formulation and funding of restructuring or adjustment schemes.
21
9. Formulation and funding of fisheries restocking or enhancement programs.
22
10. Research, education and environmental issues.
23
11. Enforcement.
plan may declare closed season, closed waters etc. 24
Management
37.(1) A management plan may also declare-- 25
(a) a period to be a closed season; or 26
(b) waters to be closed waters; or 27
(c) fish to be regulated fish. 28
(2) A declaration under subsection (1)(a) (a "closed season 29
declaration") may regulate taking or possessing of fish in the closed 30
s 38 40 s 40
Fisheries
season. 1
(3) A declaration under subsection (1)(b) (a "closed waters 2
declaration") may regulate-- 3
(a) taking or possessing of fish in the closed waters; or 4
(b) engaging in activities in the closed waters; or 5
(c) using or possessing a boat, aquaculture furniture, fishing 6
apparatus or anything else in the closed waters. 7
(4) A declaration under subsection (1)(c) (a "regulated fish 8
declaration") may regulate taking, possessing or selling regulated fish. 9
10
Examples of matters that may be provided under a regulated fish declaration under a
11
management plan--
12
1. A limit may be placed on the size or number of a species or type of fish
13
that may be taken, possessed or sold.
14
2. A total prohibition may be placed on the taking, possessing or selling of
15
fish of a particular species or type.
plan may prescribe quotas etc. 16
Management
38. In addition, a management plan for a fishery may prescribe quotas, 17
or authorise the issue of quotas, for the fishery. 18
or repeal of management plan 19
Amendment
39.(1) A management plan made by a fisheries agency may be amended 20
or repealed by the fisheries agency only in accordance with the provisions 21
of the management plan about how it may be amended or repealed. 22
(2) If a management plan for a fishery is repealed, authorities issued by 23
the fisheries agency for the fishery end, unless the plan otherwise provides. 24
not payable on making, amendment or repeal 25
Compensation
40.(1) Compensation is not payable if a management plan is made, 26
amended or repealed, or anything previously permitted is prohibited or 27
regulated under the plan. 28
s 41 41 s 43
Fisheries
(2) However, subsection (1) does not prevent a regulation or 1
management plan providing for payment of compensation. 2
plan may provide penalty for contravention 3
Management
41. A management plan may provide that contravention of the 4
management plan is an offence and, if a penalty for the contravention is not 5
otherwise provided under this Act, prescribe a maximum penalty of not 6
more than 500 penalty units. 7
may make provision about management plan matters 8
Regulation
42.(1) Anything that may be declared by a management plan may also be 9
declared by regulation. 10
(2) A regulation may also make provision about anything else about 11
which provision may be made by a management plan. 12
(3) If there is an inconsistency between a regulation and a management 13
plan, the regulation prevails to the extent of the inconsistency. 14
Division 2--Fisheries declarations 15
of closed season, closed waters etc. 16
Declaration
43.(1) A fisheries agency may declare-- 17
(a) a period to be a closed season; or 18
(b) waters to be closed waters; or 19
(c) fish to be regulated fish. 20
(2) A declaration under subsection (1)(a) (a "closed season 21
declaration") may regulate taking or possessing fish in the closed season. 22
(3) A declaration under subsection (1)(b) (a "closed waters 23
declaration") may regulate-- 24
(a) taking or possessing fish in the closed waters; or 25
(b) engaging in activities in the closed waters; or 26
s 44 42 s 46
Fisheries
(c) using or possessing a boat, aquaculture furniture, fishing 1
apparatus or anything else in the closed waters. 2
(4) A declaration under subsection (1)(c) (a "regulated fish 3
declaration") may regulate taking, possessing or selling regulated fish. 4
5
Examples of matters that may be provided in a regulated fish declaration under this
6
section are given in section 37(4) (Management plan may declare closed season, closed
7
waters etc.).
(5) Before making a declaration, a fisheries agency must take reasonable 8
steps to engage in consultation about the declaration. 9
of quotas 10
Declaration
44.(1) A fisheries agency may declare a quota for a fishery. 11
(2) A declaration (a "quota declaration") may be made under 12
subsection (1) for a fishery only if a quota has not been decided for the 13
fishery under a management plan. 14
(3) Before making a quota declaration, a fisheries agency must take 15
reasonable steps to engage in consultation about the declaration. 16
declaration is subordinate legislation 17
Fisheries
45.(1) A declaration under this Division (a "fisheries declaration") is 18
subordinate legislation. 19
(2) However, an emergency fisheries declaration is not subordinate 20
legislation. 21
fisheries declarations 22
Emergency
46.(1) A fisheries agency may make an emergency closed season 23
declaration, closed waters declaration or regulated fish declaration (an 24
"emergency fisheries declaration"). 25
(2) A fisheries agency may make an emergency fisheries declaration 26
only if the fisheries agency is satisfied that urgent action is needed to meet a 27
significant threat to fisheries resources or a fish habitat or another 28
emergency. 29
s 47 43 s 48
Fisheries
(3) The declaration must state it is an emergency fisheries declaration and 1
outline the nature of the emergency. 2
(4) The fisheries agency is not required to engage in consultation about 3
the declaration. 4
(5) The fisheries agency must publish the declaration in the Gazette and 5
may publish it in other ways the fisheries agency considers appropriate 6
having regard to the emergency. 7
(6) The fisheries agency must repeal the declaration as soon as possible 8
after the fisheries agency is satisfied the emergency no longer exists. 9
(7) Unless it is earlier repealed, the declaration expires 2 months after it is 10
gazetted. 11
(8) However, if the declaration is inconsistent with a regulation or 12
management plan, then, unless it is earlier repealed, the declaration expires 13
21 days after it is gazetted. 14
(9) The following sections of the Statutory Instruments Act 1992 apply to 15
an emergency fisheries declaration as if it were subordinate legislation-- 16
· section 43 (Tabling) 17
· section 44 (Disallowance) 18
· section 45 (Limited saving of operation of subordinate legislation 19
that ceases to have effect). 20
not payable on making, amendment or repeal 21
Compensation
47.(1) Compensation is not payable if a fisheries declaration (including 22
an emergency fisheries declaration) is made, amended or repealed, or 23
anything previously permitted is prohibited or regulated under the 24
declaration. 25
(2) However, subsection (1) does not prevent a regulation, management 26
plan or fisheries declaration providing for payment of compensation. 27
may make provision about fisheries declaration matters 28
Regulation
etc. 29
48.(1) Anything that may be declared by a fisheries declaration may also 30
s 49 44 s 51
Fisheries
be declared by a regulation. 1
(2) A regulation may also make provision about anything else about 2
which provision may be made by a fisheries declaration. 3
(3) If there is an inconsistency between a regulation or management plan 4
and a fisheries declaration, the regulation or management plan prevails to 5
the extent of the inconsistency. 6
(4) However, if there is an inconsistency between an emergency fisheries 7
declaration, a regulation, management plan or fisheries declaration that is 8
not an emergency fisheries declaration, the emergency fisheries declaration 9
prevails to the extent of the inconsistency. 10
Division 3--Authorities 11
Subdivision 1--General 12
that may be issued under Act 13
Authorities
49. A regulation or management plan may prescribe the authorities that 14
may be issued under this Act. 15
issues authorities (other than permits) 16
Who
50.(1) An authority under this Act about aquaculture, marine plants, fish 17
habitat or coral limestone may be issued by the chief executive. 18
(2) However, a regulation may provide that subsection (1) applies or 19
does not apply to a stated activity or thing. 20
(3) Any other authority under this Act may be issued by the Authority. 21
(4) This section does not apply to the issue of permits. 22
issues permits 23
Who
51.(1) The following permits under this Act may be issued by the chief 24
executive-- 25
(a) a permit to possess regulated fish or nonindigenous fisheries 26
s 52 45 s 53
Fisheries
resources for aquaculture purposes; 1
(b) a permit to use boats, aquaculture furniture and fishing apparatus 2
for aquaculture purposes; 3
(c) a permit to remove, destroy or damage marine plants; 4
(d) a permit to perform works or related activity in a declared fish 5
habitat area; 6
(e) a permit about diseased fisheries resources; 7
(f) a permit about fish ways; 8
(g) a permit prescribed under a regulation. 9
(2) However, a regulation may provide that subsection (1) applies or 10
does not apply to a stated activity or thing. 11
(3) Any other permit under this Act may be issued by the Authority. 12
authorised by authorities 13
Things
52.(1) An authority authorises the holder of the authority to do the things 14
permitted under a regulation or management plan or stated in the authority. 15
(2) A regulation or management plan, or the authority itself, may also 16
authorise other persons to do all or any of the things authorised by it. 17
18
Example of someone else authorised by an authority--
19
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 anyone else 20
(other than an inspector) to enter, or remain on, someone else's land. 21
content and term of authorities 22
Form,
53. An authority-- 23
(a) must be in the form approved by the fisheries agency; and 24
(b) must contain the particulars decided by the fisheries agency; and 25
(c) is issued for the term specified in it. 26
s 54 46 s 57
Fisheries
2--Issue and renewal 1
Subdivision
for authority 2
Application
54.(1) An application for the issue of an authority must-- 3
(a) be made to the relevant fisheries agency in the form approved by 4
the fisheries agency; and 5
(b) be accompanied by the fees prescribed under the regulations. 6
(2) If asked by the fisheries agency, the applicant must give the further 7
relevant information or evidence the fisheries agency requires to decide the 8
application. 9
of application for issue of authority 10
Consideration
55.(1) The fisheries agency must consider an application for the issue of 11
an authority and may issue the authority or refuse to issue it. 12
(2) In considering the application, the fisheries agency must comply with 13
any relevant regulation or management plan. 14
for renewal of authority (other than permit) 15
Application
56.(1) The holder of an authority (other than a permit) may apply for its 16
renewal to the fisheries agency that issued it. 17
(2) The application must-- 18
(a) be made in the form approved by the fisheries agency; and 19
(b) be accompanied by the fees prescribed under the regulations. 20
(3) If asked by the fisheries agency, the holder must give the further 21
relevant information or evidence the fisheries agency requires to decide the 22
application. 23
not renewable 24
Permit
57.(1) A permit cannot be renewed. 25
(2) However, the holder may apply for the issue of another permit. 26
s 58 47 s 59
Fisheries
(3) Compensation is not payable if a fisheries agency refuses to issue 1
another permit. 2
(4) However, subsection (3) does not prevent a regulation or 3
management plan providing for payment of compensation. 4
of application for renewal of authority (other than 5
Consideration
permit) 6
58.(1) The fisheries agency must consider an application for renewal of 7
an authority (other than a permit) and may renew the authority or refuse to 8
renew it. 9
(2) In considering the application, the fisheries agency must comply with 10
any relevant regulation or management plan. 11
to issue or renew 12
Refusal
59.(1) The fisheries agency may refuse to issue or renew an authority if 13
the fisheries agency is satisfied the refusal is necessary or desirable for the 14
best management, use, development or protection of fisheries resources or 15
fish habitats. 16
17
Examples of the bases on which the fisheries agency may be satisfied--
18
1. The authority was issued in error or because of a document or
19
representation--
20
(a) that is false, misleading or omits a material particular; or
21
(b) obtained or made in another improper way.
22
2. The applicant has been convicted of an offence against fisheries
23
legislation.
24
3. The applicant has had a licence, permit, concession or other authority
25
under fisheries legislation (a "fishing authority") cancelled or
26
suspended.
27
4. The applicant has not complied with a condition of a fishing authority.
28
5. The applicant has not kept or given returns as required by a fisheries
29
agency under this Act.
30
6. The applicant has given a false or misleading return to a fisheries agency
31
under this Act.
32
7. The applicant has been convicted of an indictable offence.
s 60 48 s 61
Fisheries
1
8. The applicant has not satisfied the training or competency requirements
2
or other criteria for the authority as decided by the fisheries agency or
3
prescribed under a regulation or management plan.
4
9. The applicant has not paid fees payable under this Act.
5
10. Another matter specified in a relevant regulation or management plan.
(2) Compensation is not payable if a fisheries agency refuses to issue or 6
renew an authority. 7
(3) However, subsection (2) does not prevent a regulation or 8
management plan providing for payment of compensation. 9
of refusal of application for issue or renewal etc. 10
Notice
60. If a fisheries agency refuses to issue or renew an authority sought by 11
an applicant, the fisheries agency must promptly-- 12
(a) give the applicant a written notice informing the applicant-- 13
(i) of the refusal and the reasons for the refusal; and 14
(ii) that the applicant may appeal against the decision to the 15
Fisheries Tribunal within 28 days; and 16
(b) refund the fees paid by the applicant, other than fees for assessing 17
the application. 18
Subdivision 3--Conditions 19
imposed on issue or renewal 20
Conditions
61.(1) When a fisheries agency issues or renews an authority, it may 21
impose reasonable and relevant conditions, including, for example-- 22
(a) if the authority is not itself a quota--a condition fixing a quota for 23
the authority; and 24
(b) a condition requiring payment of a bond to ensure the holder will 25
comply with the conditions of the authority; and 26
(c) a condition conferring powers on inspectors. 27
(2) The conditions must be stated in the authority. 28
s 62 49 s 63
Fisheries
(3) In fixing a quota for an authority, the fisheries agency must comply 1
with any relevant regulation, management plan or quota declaration. 2
(4) If a power conferred on inspectors by a condition of an authority is 3
exercised by an inspector, the power is taken to be exercised with the 4
consent of the authority's holder. 5
(5) A power conferred on inspectors by a condition of an authority is not 6
limited by the powers given to an inspector under a provision of this Act. 7
(6) If an inspector may exercise a power under this Act and under a 8
condition of an authority, the inspector may exercise the power under either 9
or both. 10
(7) To remove any doubt, a condition may be imposed by a fisheries 11
agency even though the effect is to stop the holder or someone else taking 12
fisheries resources, or using a boat or fishing apparatus that could, apart 13
from the condition, be lawfully taken or used under the authority. 14
(8) Compensation is not payable if conditions are imposed on an 15
authority, or anything previously permitted is prohibited or regulated under 16
the authority. 17
(9) However, subsection (8) does not prevent a regulation or 18
management plan providing for payment of compensation. 19
imposed under regulations and management plans 20
Conditions
62.(1) An authority is also subject to the conditions prescribed under a 21
regulation or management plan. 22
(2) To remove any doubt, any condition that may be imposed on an 23
authority by a fisheries agency may be prescribed under a regulation or 24
management plan. 25
4--Amendment 26
Subdivision
of authority 27
Amendment
63.(1) If the fisheries agency that issued an authority considers the 28
authority (including the conditions stated in it) should be amended, the 29
fisheries agency must give the holder of the authority a written notice (the 30
s 63 50 s 63
Fisheries
"show cause notice") that-- 1
(a) states the proposed amendment; and 2
(b) states the reasons for the proposed amendment; and 3
(c) outlines the facts and circumstances forming the basis of the 4
reasons; and 5
(d) invites the holder to show, within a stated time of at least 28 days, 6
why the authority should not be amended. 7
(2) The fisheries agency may amend the authority if, after considering all 8
representations made within the stated time, the fisheries agency still 9
considers the authority should be amended-- 10
(a) in the way mentioned in the show cause notice; or 11
(b) in another way, having regard to the representations. 12
(3) If the fisheries agency decides to amend the authority, the fisheries 13
agency must give the holder of the authority a written notice stating-- 14
(a) how the authority has been amended; and 15
(b) that the holder may appeal against the amendment to the Fisheries 16
Tribunal within 28 days. 17
(4) Subsections (1) to (3) do not apply if the authority is amended only-- 18
(a) by omitting a condition if the omission does not adversely affect 19
the holder's interests; or 20
(b) for a formal or clerical reason; or 21
(c) in another way that does not adversely affect the holder's 22
interests; or 23
(d) at the holder's request; or 24
(e) by changing a quota for the authority. 25
(5) The fisheries agency may make an amendment of a type mentioned 26
in subsection (4) by written notice given to the holder. 27
(6) To remove any doubt, any condition that may be imposed on an 28
authority when it is issued may be imposed on the authority by amendment. 29
(7) Compensation is not payable if an authority is amended, or anything 30
previously permitted under the authority is prohibited or regulated. 31
s 64 51 s 65
Fisheries
(8) However, subsection (7) does not prevent a regulation or 1
management plan providing for payment of compensation. 2
to return authority for alteration after amendment 3
Notice
64.(1) A fisheries agency may, by written notice, require the holder of an 4
authority issued by the fisheries agency to return the authority to the 5
fisheries agency within a stated time, of at least 28 days, to enable the 6
fisheries agency to alter the authority to reflect an amendment made to it. 7
(2) The holder must comply with the notice, unless the holder has a 8
reasonable excuse for not complying with it. 9
Maximum penalty--80 penalty units. 10
(3) After altering the authority, the fisheries agency must return it to the 11
holder. 12
(4) The amendment of an authority by a fisheries agency does not 13
depend on it being altered under this section. 14
5--Transfer 15
Subdivision
of authority (other than permit) 16
Transfer
65.(1) A fisheries agency may transfer an authority (other than a permit) 17
issued by the fisheries agency, unless the authority is not transferable under 18
a regulation or management plan. 19
(2) An application for the transfer of an authority must-- 20
(a) be made to the relevant fisheries agency in the form approved by 21
the fisheries agency; and 22
(b) be accompanied by the fees prescribed under the regulations; and 23
(c) be accompanied by the written approval of each person (other 24
than the holder) who has an interest in the authority noted in the 25
relevant register of authorities. 26
(3) If asked by the fisheries agency, the applicant must give the further 27
relevant information or evidence the fisheries agency requires to decide the 28
application. 29
s 66 52 s 67
Fisheries
(4) The transfer may be granted on-- 1
(a) conditions prescribed under the regulations or a management 2
plan; or 3
(b) conditions imposed by the fisheries agency. 4
(5) If the fisheries agency refuses to transfer the authority, the fisheries 5
agency must promptly-- 6
(a) give the applicant a written notice informing the applicant-- 7
(i) of the refusal and the reasons for the refusal; and 8
(ii) that the applicant may appeal against the decision to the 9
Fisheries Tribunal within 28 days; and 10
(b) refund the fees paid by the applicant, other than fees for assessing 11
the application. 12
(6) Compensation is not payable if the fisheries agency refuses to 13
transfer the authority, the transfer is granted on conditions or anything 14
previously permitted under the authority is prohibited or regulated. 15
(7) However, subsection (6) does not prevent a regulation or 16
management plan providing for payment of compensation. 17
not transferable 18
Permits
66. A permit cannot be transferred. 19
Subdivision 6--Suspension and cancellation 20
or cancellation of authorities 21
Suspension
67.(1) A fisheries agency may suspend or cancel an authority issued by 22
the fisheries agency on the following grounds-- 23
(a) the suspension or cancellation is necessary or desirable for the 24
best management, use, development or protection of fisheries 25
resources or fish habitats; 26
(b) the holder has been convicted of a serious fisheries offence. 27
28
Examples of the bases on which the fisheries agency may be satisfied under paragraph
s 68 53 s 68
Fisheries
1
(a) are the examples mentioned in section 59(1) (Refusal to issue or renew).
(2) In acting under subsection (1)-- 2
(a) the fisheries agency may disregard any third party interests in the 3
authority; and 4
(b) the fisheries agency must have regard to-- 5
(i) criteria prescribed under the regulations or a management 6
plan for the suspension or cancellation of the authority; and 7
(ii) if the holder has been convicted of a fisheries offence--the 8
penalty imposed by the court for the offence. 9
10
Example of subsection (2)(b)(i)--
11
A regulation or management plan may provide to the effect that, for each
12
conviction for a serious fisheries offence, the offender accumulates points against the
13
offender's authority and that the fisheries agency may cancel the authority or suspend
14
it for a particular time, when the offender has accumulated a particular number of
15
points.
(3) The fisheries agency may, in appropriate circumstances, have regard 16
to previous convictions recorded against an authority in the relevant register 17
of authorities, even though its current holder was not its holder when the 18
conviction was recorded. 19
(4) If the person in control of a boat is convicted of a serious fisheries 20
offence involving the use of the boat, the fisheries agency may, in 21
appropriate circumstances, record the conviction in the fisheries register 22
against the authority applying to the boat even though the person is not the 23
holder of the authority. 24
(5) If a fisheries agency suspends or cancels an authority, the fisheries 25
agency may also suspend or cancel other authorities issued by it that are 26
held by the holder. 27
for cancellation or suspension 28
Procedure
68.(1) If the fisheries agency that issued an authority considers that a 29
ground exists to suspend or cancel the authority (the "proposed action"), 30
the fisheries agency must give the holder of the authority a written notice 31
that-- 32
(a) states the proposed action; and 33
s 68 54 s 68
Fisheries
(b) states the grounds for the proposed action; and 1
(c) outlines the facts and circumstances forming the basis for the 2
grounds; and 3
(d) if the proposed action is suspension of the authority--states the 4
proposed suspension period; and 5
(e) invites the holder to show, within a stated time of at least 28 days, 6
why the proposed action should not be taken. 7
(2) If, after considering all written representations made within the stated 8
time, the fisheries agency still considers grounds to take the proposed action 9
exist, the fisheries agency may-- 10
(a) if the proposed action was to suspend the authority for a specified 11
period--suspend the authority for not longer than the proposed 12
suspension period; or 13
(b) if the proposed action was to cancel the authority--either cancel 14
the authority or suspend it for a period. 15
(3) The fisheries agency must inform the holder of the decision by 16
written notice. 17
(4) If the fisheries agency decides to suspend or cancel the authority, the 18
notice must state-- 19
(a) the reasons for the decision; and 20
(b) that the holder may appeal against the decision to the Fisheries 21
Tribunal within 28 days. 22
(5) The decision takes effect on the later of-- 23
(a) the day when the notice is given to the holder; or 24
(b) the day of effect stated in the notice. 25
(6) However, if the authority is suspended or cancelled because of the 26
conviction of a person for an offence-- 27
(a) the suspension or cancellation does not take effect until-- 28
(i) the end of the time to appeal against the conviction; and 29
(ii) if an appeal is made against the conviction--the appeal is 30
finally decided; and 31
s 69 55 s 72
Fisheries
(b) the suspension or cancellation has no effect if the conviction is 1
quashed on appeal. 2
of suspension on renewal 3
Effect
69. If an authority has been suspended, it may be renewed but continues 4
to be suspended until the end of the suspension period. 5
to be returned 6
Authority
70.(1) The holder of an authority suspended, or the former holder of an 7
authority cancelled, must return the authority to the relevant fisheries agency 8
within 7 days after the suspension or cancellation takes effect, unless the 9
person has a reasonable excuse for not returning it or not returning it within 10
that time. 11
Maximum penalty--80 penalty units. 12
(2) If a suspended authority is returned to a fisheries agency, the fisheries 13
agency must return it to the holder at the end of the suspension period. 14
Subdivision 7--Replacement and surrender 15
of authorities 16
Replacement
71.(1) The holder of a lost, damaged or destroyed authority may apply to 17
the fisheries agency that issued it for a replacement authority. 18
(2) The application must-- 19
(a) be made in the form approved by the fisheries agency; and 20
(b) be accompanied by the fees prescribed under the regulations. 21
(3) The fisheries agency may replace the authority if the fisheries agency 22
is satisfied it has been lost, damaged or destroyed. 23
of authorities 24
Surrender
72.(1) The holder of an authority may surrender it by giving notice of 25
surrender to the fisheries agency that issued it. 26
s 73 56 s 74
Fisheries
(2) The notice must be in a form approved by the fisheries agency and be 1
accompanied by the authority. 2
Subdivision 8--Registers and certificates 3
of authorities 4
Registers
73.(1) A fisheries agency must keep a register of authorities issued by 5
the fisheries agency. 6
(2) The register must contain the particulars prescribed under the 7
regulations or management plan and may include other particulars decided 8
by the fisheries agency. 9
(3) Within 21 days after a change in circumstances prescribed under a 10
regulation or a management plan, the holder of an authority must give the 11
fisheries agency written particulars of the change in the form approved by 12
the relevant fisheries agency. 13
Maximum penalty--300 penalty units. 14
(4) A person may, on payment of the fee prescribed under the 15
regulations and subject to reasonable conditions imposed by the fisheries 16
agency-- 17
(a) inspect the register at the fisheries agency's office when the office 18
is open to the public; and 19
(b) take extracts from, or obtain a copy of details in, the register. 20
(5) The fisheries agency may publish details in the register at the times 21
and in the way decided by the fisheries agency. 22
(6) The holder of an authority may apply to the relevant fisheries agency 23
in the form approved by the fisheries agency to have noted on the register 24
an interest that a specified person has in the authority. 25
about authorities 26
Certificates
74.(1) A fisheries agency may issue a certificate stating-- 27
(a) that a particular person was or was not the holder of an authority 28
on a particular day or over a particular period; or 29
s 75 57 s 76
Fisheries
(b) the type or conditions of a particular authority; or 1
(c) the cancellation or suspension of an authority; or 2
(d) anything else contained in the register of authorities kept by the 3
fisheries agency. 4
(2) The certificate is admissible in a proceeding as evidence of a matter 5
stated in it. 6
(3) An application for a certificate must-- 7
(a) be made to the relevant fisheries agency in the form approved by 8
the fisheries agency; and 9
(b) be accompanied by the fees prescribed under the regulations. 10
Subdivision 9--Offences about authorities and registers 11
representations about authorities 12
False
75. A person must not intentionally or recklessly falsely represent that 13
someone (whether the person or someone else) holds an authority or an 14
authority of a particular type. 15
Maximum penalty--1 000 penalty units. 16
about registers 17
Offences
76. A person must not intentionally or recklessly-- 18
(a) make, cause to be made, or agree to the making of, a false or 19
misleading entry in the register of authorities kept by a fisheries 20
agency; or 21
(b) produce or tender in evidence a document falsely purporting to 22
be-- 23
(i) an instrument, or a copy of or extract from an instrument, 24
given to or by a fisheries agency under this Part; or 25
(ii) a copy of or extract from an entry in a register of authorities 26
kept by a fisheries agency. 27
Maximum penalty--1 000 penalty units. 28
s 77 58 s 81
Fisheries
4--Fisheries offences 1
Division
season and closed waters offences 2
Closed
77. A person must not unlawfully contravene a closed season or closed 3
waters declaration. 4
Maximum penalty--1 000 penalty units. 5
acts about regulated fish 6
Prohibited
78.(1) A person must not unlawfully take, possess or sell a regulated 7
fish. 8
(2) A person must not mutilate or disfigure a regulated fish with intent to 9
hide the fact that it is a regulated fish. 10
Maximum penalty--1000 penalty units. 11
offences 12
Quota
79. A person must not unlawfully contravene a quota. 13
Maximum penalty--2 000 penalty units. 14
not to be taken in prohibited way 15
Fish
80. A person must not unlawfully take fish in a way prohibited under a 16
regulation or management plan. 17
Maximum penalty--300 penalty units. 18
of explosives etc. prohibited 19
Use
81.(1) A person must not unlawfully-- 20
(a) use an explosive, powerhead or other explosive propelled missile, 21
firearm or noxious substance (a "restricted thing") to take fish; 22
or 23
(b) have a restricted thing on board a boat-- 24
(i) with intent to take fish; or 25
s 82 59 s 84
Fisheries
(ii) by which fish may be injured or destroyed; or 1
(c) use or possess, with intent to take fish, a device that creates an 2
electrical field in waters or on land; or 3
(d) possess fish taken by a thing mentioned in paragraph (b) or a 4
device mentioned in paragraph (c). 5
Maximum penalty--2 000 penalty units. 6
(2) Subsection (1)(b)(ii) does not apply to a firearm on board a boat, or a 7
powerhead attached to a spear gun or hand propelled spear, if the firearm or 8
powerhead is used, or intended for use, only in defence against sharks. 9
to do prescribed act 10
Offence
82. A person must not unlawfully do an act prescribed under a regulation 11
or management plan as an act that must only be done by the holder of an 12
authority. 13
Maximum penalty--1 000 penalty units. 14
penalty based on value of fish taken in trade or commerce 15
Additional
83.(1) If, having convicted a person of an offence against this Act 16
involving the taking or possessing of fish, the court is satisfied the person 17
took or possessed the fish in trade or commerce, it may, under this section, 18
impose a fine of not more than 5 times the amount calculated by it to be the 19
wholesale value of the fish when they were taken. 20
(2) The court may impose the fine as well as imposing another fine or 21
penalty prescribed under this or another Act. 22
(3) The court may regard fish taken or possessed in contravention of this 23
Act to have a wholesale value equivalent to the wholesale value of fish of 24
the same or a similar species or type taken lawfully. 25
fishing apparatus 26
Prohibited
84.(1) A person must not unlawfully use or possess fishing apparatus. 27
Maximum penalty--300 penalty units. 28
(2) A person must not unlawfully use or possess a greater number of 29
s 85 60 s 85
Fisheries
fishing apparatus than the number permitted under a regulation or 1
management plan. 2
Maximum penalty--300 penalty units. 3
(3) Subsections (1) and (2) do not apply to a boat lawfully passing 4
through waters if the fishing apparatus is stowed and secured. 5
etc. of commercial fishing apparatus prohibited in certain 6
Sale
circumstances 7
85.(1) In this section-- 8
"commercial fishing apparatus" means fishing apparatus that may be 9
used, bought or possessed only by the holder of a particular type of 10
authority, and includes netting material ordinarily used in the 11
manufacture of commercial fishing apparatus. 12
(2) If commercial fishing apparatus may be bought only by the holder of 13
a particular type of authority, a person must not sell the fishing apparatus to 14
a person who is not the holder of an authority of that type. 15
Maximum penalty--300 penalty units. 16
(3) If commercial fishing apparatus may be bought only by the holder of 17
a particular type of authority, a person must not buy the fishing apparatus 18
unless the person is the holder of an authority of that type. 19
Maximum penalty--300 penalty units. 20
(4) If commercial fishing apparatus may be used or possessed only by 21
the holder of a particular type of authority, a person must not use or possess 22
the fishing apparatus unless the person is the holder of an authority of that 23
type. 24
Maximum penalty--300 penalty units. 25
(5) This section does not apply to the selling, buying, using or 26
possessing of commercial fishing apparatus to be used or used-- 27
(a) in sporting activities, other than fishing; or 28
(b) to protect trees or collect fruit from trees; or 29
(c) for display or decorative purposes; or 30
(d) for other purposes prescribed under a regulation or management 31
s 86 61 s 86
Fisheries
plan. 1
2
Examples of sporting activities mentioned in paragraph (a)--
3
1. Indoor cricket.
4
2. School sports.
5
Examples of purposes mentioned in paragraph (c)--
6
1. Use in shopfitting.
7
2. Use as part of a restaurant's decor.
(6) This section does not apply to a person who possesses commercial 8
fishing apparatus if the person is-- 9
(a) a genuine maker, dealer in or repairer of fishing apparatus; or 10
(b) a person acting for a person mentioned in paragraph (a); or 11
(c) transporting the fishing apparatus to or from the place where it is 12
made, used, dealt in, repaired or stored for a person who has an 13
authority to use or possess the apparatus. 14
for wholesale sale of fisheries resources etc. 15
Dockets
86.(1) This section applies if fisheries resources are sold by a person (the 16
"seller") to someone else (the "buyer") and the buyer-- 17
(a) is a person engaged in the business of selling fisheries resources 18
by wholesale or retail; or 19
(b) intends to resell any of the fisheries resources in trade or 20
commerce. 21
(2) The seller must give to the buyer, and the buyer must obtain from the 22
seller, a docket (the "required docket") for the sale containing the 23
particulars prescribed under a regulation. 24
Maximum penalty--1 000 penalty units. 25
(3) The seller and the buyer comply with subsection (2) if the buyer 26
prepares the required docket and the seller signs it. 27
(4) The buyer must have the required docket available for immediate 28
inspection while the buyer has the fisheries resources or part of the fisheries 29
s 87 62 s 89
Fisheries
resources in the buyer's possession. 1
Maximum penalty--500 penalty units. 2
etc. with aquaculture activity or fishing apparatus 3
Interference
87.(1) A person must not unlawfully interfere with an aquaculture 4
activity or fishing apparatus. 5
Maximum penalty--500 penalty units. 6
(2) In this section-- 7
"interfere with" includes-- 8
(a) for an aquaculture activity--the removal of fisheries resources, 9
damage and destroy; and 10
(b) for fishing apparatus--damage, destroy, mark, remove and 11
trample. 12
of authority to have it available for immediate inspection etc. 13
Holder
88.(1) The holder of an authority must have the authority available for 14
immediate inspection while the holder is doing anything authorised by it. 15
(2) If anyone else is doing anything the other person is authorised to do 16
under the authority and the holder is not present, the other person must have 17
the authority available for immediate inspection. 18
(3) If a number of persons on a boat are doing anything the persons are 19
authorised to do under the authority and the holder is not present, the person 20
in control must have the authority available for immediate inspection. 21
5--Noxious and nonindigenous fisheries resources and 22
Division
aquaculture fish 23
fisheries resources not to be possessed, released etc. 24
Noxious
89. A person must not unlawfully-- 25
(a) bring noxious fisheries resources, or cause noxious fisheries 26
resources to be brought, into Queensland; or 27
s 90 63 s 92
Fisheries
(b) possess, rear, sell or buy noxious fisheries resources; or 1
(c) release noxious fisheries resources, or cause noxious fisheries 2
resources to be placed or released, into Queensland waters. 3
Maximum penalty--2 000 penalty units. 4
fisheries resources not to be possessed, released etc. 5
Nonindigenous
90.(1) A person must not unlawfully-- 6
(a) bring nonindigenous fisheries resources, or cause nonindigenous 7
fisheries resources to be brought, into Queensland; or 8
(b) possess, rear, sell or buy nonindigenous fisheries resources; or 9
(c) release nonindigenous fisheries resources, or cause 10
nonindigenous fisheries resources to be placed or released, into 11
Queensland waters. 12
Maximum penalty--2 000 penalty units. 13
(2) Subsections (1)(a) and (b) do not apply to nonindigenous fisheries 14
resources prescribed under a regulation or management plan. 15
fisheries resources not to be released 16
Aquaculture
91. A person must not unlawfully release aquaculture fisheries resources, 17
or cause aquaculture fisheries resources to be released, into Queensland 18
waters. 19
Maximum penalty--2 000 penalty units. 20
of person who takes or possesses noxious or nonindigenous 21
Duty
fisheries resources 22
92.(1) A person who unlawfully takes or possesses noxious or 23
nonindigenous fisheries resources must-- 24
(a) immediately destroy the fisheries resources and notify an 25
inspector of the destruction within 2 business days after taking or 26
first possessing them; or 27
(b) immediately give the fisheries resources to an inspector; or 28
s 93 64 s 94
Fisheries
(c) immediately notify an inspector of taking or possessing the 1
fisheries resources. 2
Maximum penalty--2 000 penalty units. 3
(2) Subsection (1) does not apply to nonindigenous fisheries resources 4
prescribed under a regulation or management plan. 5
(3) On application by a person who acts under subsection (1)(a) or (b), 6
the fisheries agency must reimburse the person for reasonable expenses 7
incurred by the person in complying with subsection (1). 8
of costs of removing noxious fisheries resources etc. 9
Recovery
93.(1) If a person commits an offence against this Division, the costs 10
reasonably incurred by a fisheries agency in taking and removing, or 11
destroying, the fisheries resources in relation to which the offence was 12
committed are a debt payable by the person to the fisheries agency. 13
(2) If the person is convicted of an offence against this Division, the 14
court may, as well as imposing a penalty for the offence, order the person to 15
pay the amount of the costs to the fisheries agency. 16
(3) Subsection (2) does not limit the court's powers under the Penalties 17
and Sentences Act 1992 or any other law. 18
6--Diseased fisheries resources 19
Division
executive may declare diseases 20
Chief
94.(1) In this section-- 21
"chemical" includes an element; 22
"disease" means-- 23
(a) a disease, parasite, pest, plant or other thing (the "disease") that 24
has, or may have, the effect (directly or indirectly) of killing or 25
causing illness in fisheries resources, or in humans or animals 26
that eat fisheries resources infected with or containing the disease; 27
or 28
(b) a chemical or antibiotic residue. 29
s 95 65 s 95
Fisheries
(2) The chief executive may declare a disease to be a declared disease. 1
(3) A declaration may prescribe a concentration level for a chemical or 2
antibiotic residue and declare a residue over the prescribed concentration 3
level for the residue to be a declared disease. 4
(4) A declaration under this section (a "disease declaration") is 5
subordinate legislation. 6
executive may declare quarantine area 7
Chief
95.(1) The chief executive may declare an area to be a quarantine area 8
because of the presence, or suspected presence, of a declared disease in the 9
area (a "declared quarantine area"). 10
(2) A declaration under subsection (1) (a "quarantine declaration") 11
must state the nature of the quarantine. 12
(3) The quarantine declaration may make provision about the matters the 13
chief executive considers necessary or desirable for the management, 14
control and elimination of the declared disease. 15
16
Examples of what may be considered to be appropriate--
17
1. Functions and powers of inspectors in, or in relation to, the declared
18
quarantine area, including the giving of directions by inspectors to ensure
19
the proper management, control and elimination of the declared disease.
20
2. Regulating the taking or removal of fisheries resources, plants, fishing
21
apparatus, aquaculture furniture or anything else from or into the declared
22
quarantine area.
23
3. Regulating the pumping, discharge or removal in another way of water
24
from the declared quarantine area.
25
4. Regulating what persons may, or may not, do in the declared quarantine
26
area.
27
5. Regulating how fisheries resources and anything else infected with or
28
containing the declared disease are to be treated or dealt with when found
29
by an inspector or anyone else.
30
6. Authorising or requiring seizure and destruction of fisheries resources and
31
anything else infected with or containing, or suspected of being infected
32
with or containing, the declared disease.
33
7. Authorising or requiring testing and treatment of fisheries resources,
s 96 66 s 96
Fisheries
1
plants and anything else in the declared quarantine area.
(4) A quarantine declaration is subordinate legislation. 2
disease or quarantine declarations 3
Emergency
96.(1) The chief executive may make an emergency disease or quarantine 4
declaration (an "emergency disease or quarantine declaration"). 5
(2) The chief executive may make an emergency disease or quarantine 6
declaration only if the chief executive is satisfied that urgent action is needed 7
to meet a significant threat to fisheries resources or a fish habitat or another 8
emergency. 9
(3) The declaration must state that it is an emergency disease or 10
quarantine declaration and outline the nature of the emergency. 11
(4) The chief executive must publish the declaration in the Gazette and 12
may publish it in other ways the chief executive considers appropriate 13
having regard to the emergency. 14
(5) The chief executive must repeal the declaration as soon as possible 15
after the chief executive is satisfied the emergency no longer exists. 16
(6) Unless it is earlier repealed, the declaration expires 2 months after it is 17
gazetted. 18
(7) However, if the declaration is inconsistent with a regulation or 19
management plan, then, unless it is earlier repealed, the declaration expires 20
21 days after it is gazetted. 21
(8) The declaration is not subordinate legislation. 22
(9) However, the following sections of the Statutory Instruments Act 23
1992 apply to the declaration as if it were subordinate legislation-- 24
· section 43 (Tabling) 25
· section 44 (Disallowance) 26
· section 45 (Limited saving of operation of subordinate legislation 27
that ceases to have effect). 28
s 97 67 s 99
Fisheries
may make provision about disease or quarantine 1
Regulation
declaration matters etc. 2
97.(1) Anything that may be declared by a disease or quarantine 3
declaration may also be declared by a regulation. 4
(2) A regulation may also make provision about anything else about 5
which provision may be made by a disease or quarantine declaration. 6
(3) If there is an inconsistency between a regulation and a disease or 7
quarantine declaration (other than an emergency disease or quarantine 8
declaration), the regulation prevails to the extent of the inconsistency. 9
(4) However, if there is an inconsistency between a regulation or 10
declaration under this Division and a regulation, management plan or 11
declaration under another provision of this Act, the regulation or declaration 12
under this Division prevails to the extent of the inconsistency. 13
(5) Also, if there is an inconsistency between an emergency disease or 14
quarantine declaration and a regulation or declaration under this Division 15
that is not an emergency disease or quarantine declaration, the emergency 16
disease or quarantine declaration prevails to the extent of the inconsistency. 17
to contravene quarantine or emergency quarantine 18
Offence
declaration 19
98. A person who contravenes a quarantine or emergency quarantine 20
declaration commits an offence. 21
Maximum penalty--2 000 penalty units. 22
of authority to help in declared quarantine area 23
Holder
99.(1) A quarantine or emergency quarantine declaration may state what 24
action must be taken in the declared quarantine area by the holder of an 25
authority applying to a place within the area. 26
(2) The action may include the destruction or treatment of fisheries 27
resources or plants. 28
(3) The holder of the authority must not contravene the declaration. 29
Maximum penalty for subsection (3)--3 000 penalty units. 30
s 100 68 s 102
Fisheries
to be given about diseased fisheries resources or habitat 1
Notice
100. A person who knows or reasonably suspects fisheries resources or 2
a fish habitat is showing signs of disease, or knows or reasonably suspects 3
disease may be in fisheries resources or a fish habitat, must immediately 4
notify the chief executive or an inspector. 5
Maximum penalty--2 000 penalty units. 6
executive or inspector may take action required by quarantine 7
Chief
declaration 8
101.(1) If the chief executive or an inspector believes on reasonable 9
grounds a person has not taken the action the person is required to take 10
under a quarantine or emergency quarantine declaration, or an inspector's 11
direction under the declaration, the chief executive or inspector may take the 12
action. 13
(2) The chief executive or inspector may act even though other fisheries 14
resources, plants or other property may be destroyed. 15
(3) The costs reasonably incurred in taking action under this section are a 16
debt payable by the person to the State. 17
(4) If the action is necessary because the person committed an offence 18
against this Act and the person is convicted of the offence, the court may, as 19
well as imposing a penalty for the offence, order the person to pay the 20
amount of the costs to the State. 21
(5) Subsection (4) does not limit the court's powers under the Penalties 22
and Sentences Act 1992 or any other law. 23
of quarantine or emergency quarantine declaration 24
Revocation
102. The chief executive must revoke a quarantine or emergency 25
quarantine declaration as soon as possible after the chief executive is 26
satisfied the relevant declared disease is no longer present in the declared 27
quarantine area. 28
s 103 69 s 107
Fisheries
1
Compensation
103. Compensation is payable for fisheries resources, plants or property 2
destroyed because of action taken under a quarantine or emergency 3
quarantine declaration only if the chief executive decides that compensation 4
should be payable in the circumstances of the particular case. 5
to communicate disease to live fisheries resources or fish 6
Offence
habitat 7
104. A person must not unlawfully and intentionally or recklessly 8
communicate a disease to live fisheries resources or fish habitat. 9
Maximum penalty--2 000 penalty units. 10
to sell diseased fisheries resources and products 11
Offence
105. A person must not unlawfully sell fisheries resources, or a product 12
derived from fisheries resources, knowing the fisheries resources or 13
product is infected with or contains a declared disease. 14
Maximum penalty--2 000 penalty units. 15
to leave diseased fisheries resources and products in a place 16
Offence
106. A person must not leave fisheries resources, or a product derived 17
from fisheries resources, in a place knowing the fisheries resources or 18
product is infected with or contains a declared disease. 19
Maximum penalty--2 000 penalty units. 20
to bring diseased fisheries resources and products into 21
Offence
Queensland 22
107. A person must not unlawfully bring fisheries resources, or a 23
product derived from fisheries resources, into Queensland knowing the 24
fisheries resources or product is infected with or contains a declared disease. 25
Maximum penalty--2 000 penalty units. 26
s 108 70 s 109
Fisheries
Division 7--Orders for destruction 1
for taking and removing, or destroying, noxious, 2
Order
nonindigenous or diseased fisheries resources or aquaculture fish 3
108.(1) A fisheries agency may order an inspector to take and remove, or 4
destroy, fisheries resources (the "relevant fisheries resources"). 5
(2) The fisheries agency may make the order only if the fisheries agency 6
is satisfied-- 7
(a) the relevant fisheries resources are-- 8
(i) noxious, nonindigenous or diseased fisheries resources; or 9
(ii) aquaculture fisheries resources; and 10
(b) the relevant fisheries resources are a significant threat to other 11
fisheries resources or a fish habitat; and 12
(c) it is necessary or desirable for the relevant fisheries resources to 13
be taken and removed, or destroyed. 14
(3) The fisheries agency may make the order even though other fisheries 15
resources, plants or other property may be destroyed. 16
(4) The inspector must take the action necessary to comply with the 17
order. 18
(5) Compensation is payable for fisheries resources, plants or property 19
taken and removed, or destroyed, under the order only if the fisheries 20
agency decides that compensation should be payable in the circumstances of 21
the particular case. 22
to stop or delay escape of noxious, nonindigenous or diseased 23
Order
fisheries resources or aquaculture fish 24
109.(1) If a fisheries agency is satisfied there is no practicable way to 25
take and remove, or destroy, noxious, nonindigenous or diseased fisheries 26
resources or aquaculture fish, the fisheries agency may order an inspector to 27
take the action necessary to stop or delay the fisheries resources from 28
escaping. 29
(2) The fisheries agency may make the order even though other fisheries 30
s 110 71 s 112
Fisheries
resources, plants or other property may be destroyed. 1
(3) The inspector must take the action necessary to comply with the 2
order. 3
(4) Compensation is payable for fisheries resources, plants or property 4
taken and removed, or destroyed, under the order only if the fisheries 5
agency decides that compensation should be payable in the circumstances of 6
the particular case. 7
of costs of complying with order 8
Recovery
110.(1) If an order under this Division is necessary because a person has 9
committed an offence against this Act, the costs incurred by a fisheries 10
agency in taking action reasonably necessary to comply with the order are a 11
debt payable by the person to the fisheries agency that made the order. 12
(2) If the person is convicted of an offence against this Act relevant to the 13
order, the court may, as well as imposing a penalty for the offence, order 14
the person to pay the amount of the costs to the fisheries agency. 15
(3) Subsection (2) does not limit the court's powers under the Penalties 16
and Sentences Act 1992 or any other law. 17
8--Fish ways 18
Division
of Division 19
Purpose
111.(1) Many important fish stocks need access to particular fresh or salt 20
water environments for breeding or rearing their young or to critical habitats 21
for food and protection. 22
(2) This Division is intended to provide a balance between the need for 23
additional dams and other barriers across waterways and the need to protect 24
fish stock access to these environments and habitats. 25
to build waterway barrier works without approval 26
Offence
112.(1) A person must not build waterway barrier works without the 27
chief executive's approval. 28
s 113 72 s 115
Fisheries
Maximum penalty--2 000 penalty units. 1
(2) Subsection (1) does not apply to a person who holds an approval 2
prescribed under a regulation. 3
for approval to build waterway barrier works 4
Application
113.(1) An application for an approval to build waterway barrier works 5
must-- 6
(a) be made to the chief executive in the form approved by the chief 7
executive; and 8
(b) be accompanied by the fees prescribed under the regulations. 9
(2) If asked by the chief executive, the applicant must give further 10
relevant information or evidence the chief executive requires to decide the 11
application. 12
of application 13
Consideration
114.(1) The chief executive must consider an application for an approval 14
to build waterway barrier works, and may give the approval or refuse to 15
give it. 16
(2) In considering the application, the chief executive must comply with 17
any relevant regulation or management plan. 18
(3) In considering the application, the chief executive must also have 19
regard to the Water Resources Act 1989. 20
of refusal to give approval etc. 21
Notice
115. If the chief executive refuses to give an approval to build waterway 22
barrier works, the chief executive must promptly-- 23
(a) give the applicant a written notice informing the applicant-- 24
(i) of the refusal and the reasons for the refusal; and 25
(ii) that the applicant may appeal against the decision to the 26
Fisheries Tribunal within 28 days; and 27
s 116 73 s 117
Fisheries
(b) refund the fees paid by the applicant, other than fees for assessing 1
the application. 2
executive may direct building of fish way 3
Chief
116.(1) If the chief executive approves the building of waterway barrier 4
works, the chief executive may, by written notice, direct the person given 5
the approval to build a specified fish way for the works in the time stated in 6
the notice. 7
(2) The person must comply with the direction, unless the person has a 8
reasonable excuse. 9
Maximum penalty--2 000 penalty units. 10
(3) If the person does not comply with the direction, the chief executive 11
may build the fish way. 12
(4) To enable the fish way to be built, the chief executive may authorise 13
persons, with or without vehicles, machinery, plant and equipment to enter 14
and stay on any land or in any waters. 15
(5) If the chief executive builds the fish way, the costs reasonably 16
incurred in building the fish way are a debt payable by the person to the 17
State. 18
(6) If the person is convicted of an offence for failing to comply with the 19
direction, the court may, as well as imposing a penalty for the offence, order 20
the person to pay the amount of the costs to the State. 21
(7) Subsection (6) does not limit the court's powers under the Penalties 22
and Sentences Act 1992 or any other law. 23
(8) In deciding whether to give a direction under this section, the chief 24
executive must have regard to the Water Resources Act 1989. 25
9--Fisheries Research Fund 26
Division
Research Fund 27
Fisheries
117.(1) The Fisheries Research Fund (the "Fund") is established. 28
(2) Amounts appropriated to the Fund by Parliament must be paid into 29
s 118 74 s 119
Fisheries
the Fund. 1
(3) The Authority may decide that penalties, costs, fees and other 2
amounts recovered or received by it be paid into the Fund. 3
(4) Other amounts recovered or received under this Act that are 4
prescribed by regulation must be paid into the Fund. 5
(5) Amounts in the Fund must be spent for-- 6
(a) scientific or other research, training of persons, dissemination of 7
information, or publication of material, for or about fisheries 8
activities; or 9
(b) other fisheries related activities approved by the chief executive. 10
10--General 11
Division
returns to be kept 12
Statistical
118.(1) A person must, if required under a regulation or management 13
plan-- 14
(a) keep the records, documents or other information about fisheries 15
required by a fisheries agency in the way and form and as 16
directed by the fisheries agency; and 17
(b) give them to the fisheries agency as the fisheries agency requires. 18
Maximum penalty--500 penalty units. 19
(2) Subsection (1) applies whether or not the person performs activities 20
by way of fishing or other activities during the relevant time. 21
of practice 22
Codes
119.(1) A fisheries agency may prepare a code of practice for persons to 23
whom this Act applies. 24
(2) The code may, for example, include the following-- 25
(a) the way recreational or commercial fishing is to be conducted in a 26
fishery; 27
(b) guidelines to be followed by persons engaged in particular 28
s 120 75 s 123
Fisheries
activities in fishing; 1
(c) processes to be followed to resolve conflicts; 2
(d) standards to be adopted for boats, activities or processes in 3
fishing or aquaculture; 4
(e) anything else decided by the fisheries agency. 5
(3) In preparing a code of practice, the fisheries agency must take 6
reasonable steps to engage in consultation about the code. 7
PART 6--PROTECTION AND CONSERVATION OF 8
FISH HABITATS 9
of fish habitat areas 10
Declaration
120. An area may be declared under a regulation to be a fish habitat area. 11
of declared fish habitat areas 12
Management
121. A declared fish habitat area may be managed under a management 13
plan. 14
of fisheries resources in declared fish habitat area 15
Protection
122. A person must not unlawfully perform, or cause to be performed, 16
works or related activity in a declared fish habitat area. 17
Maximum penalty--3 000 penalty units. 18
of marine plants 19
Protection
123.(1) A person must not unlawfully remove, destroy or damage a 20
marine plant. 21
(2) A person must not unlawfully cause a marine plant to be removed, 22
s 124 76 s 125
Fisheries
destroyed or damaged. 1
Maximum penalty--2 000 penalty units. 2
executive may rehabilitate or restore land etc. 3
Chief
124.(1) The chief executive may take the action reasonably necessary to 4
rehabilitate or restore land, waters, marine plants or a declared fish habitat 5
area if a person-- 6
(a) contravenes a provision of this Part; or 7
(b) does not comply with a condition of an authority to rehabilitate or 8
restore land, waters, marine plants or declared fish habitat area, or 9
the rehabilitation or restoration is not carried out to the chief 10
executive's reasonable satisfaction. 11
(2) The costs reasonably incurred by the chief executive in rehabilitating 12
or restoring the land, waters, marine plants or declared fish habitat area are a 13
debt payable by the person to the State. 14
(3) If the person is convicted of an offence for the contravention, the 15
court may, as well as imposing a penalty for the offence, order the person to 16
pay the amount of the costs to the State. 17
(4) Subsection (3) does not limit the court's powers under the Penalties 18
and Sentences Act 1992 or any other law. 19
to restore fish habitat etc. 20
Notice
125.(1) This section applies if-- 21
(a) litter, soil, a noxious substance, refuse or other matter (the 22
"polluting matter") is on land, in waters, on marine plants or in 23
a fish habitat; and 24
(b) it appears to the chief executive-- 25
(i) that the polluting matter has prevented, or may prevent, 26
fishing activities and that it is necessary or desirable for 27
action to be taken about the polluting matter to enable the 28
fishing activities to be carried out; or 29
(ii) that the polluting matter has had, or may have, an adverse 30
s 125 77 s 125
Fisheries
effect on the quality or productive capacity of a fishery or 1
fish stocks and that it is necessary or desirable for action to 2
be taken about the polluting matter to protect or restore the 3
quality of productive capacity of the fishery or fish stocks; or 4
(iii) that the polluting matter has had, or may have, an adverse 5
effect on the quality or integrity of a fish habitat and that it is 6
necessary or desirable for action to be taken about the 7
polluting matter to protect or restore the quality or integrity 8
of the fish habitat; or 9
(iv) that circumstances prescribed under the regulations exist in 10
relation to the polluting matter and that it is necessary or 11
desirable for action to be taken about the polluting matter to 12
enable fishing activities to be carried out or to protect or 13
restore the quality, productive capacity or integrity of 14
fisheries resources. 15
(2) The chief executive may, by written notice, require the person who 16
the chief executive suspects on reasonable grounds is responsible for the 17
presence of the polluting matter to take specified action about the polluting 18
matter within the time and in the way (if any) specified in the notice. 19
(3) The person must comply with the notice, unless the person has a 20
reasonable excuse for not complying with it. 21
Maximum penalty--2000 penalty units. 22
(4) If the person does not comply with the notice, the chief executive 23
may take action on any land or in any waters that the chief executive 24
considers reasonably necessary to ensure that the matters mentioned in 1 or 25
more of the subparagraphs of subsection (1)(b) are achieved. 26
(5) To enable action to be taken under subsection (4), the chief executive 27
may authorise persons, with or without vehicles, machinery, plant and 28
equipment to enter and stay on any land or in any waters. 29
(6) The costs reasonably incurred by the chief executive in taking action 30
under subsection (4) are a debt payable by the person to the State. 31
(7) If the person is convicted of an offence against subsection (3), the 32
court may, as well as imposing a penalty for the offence, order the person to 33
pay the amount of the costs to the State. 34
s 126 78 s 129
Fisheries
(8) Subsection (7) does not limit the court's powers under the Penalties 1
and Sentences Act 1992 or any other law. 2
PART 7--COMMONWEALTHSTATE 3
MANAGEMENT OF FISHERIES 4
and powers of Minister 5
Functions
126.(1) The Minister may perform a function and exercise a power 6
conferred on the Minister by the Commonwealth Fisheries Act, including a 7
function or power of the Minister as a member of a Joint Authority. 8
(2) If, in the exercise of the power conferred on the Minister by the 9
Commonwealth Fisheries Act, the Minister appoints a deputy, the deputy 10
may perform the functions and exercise the powers conferred by that Act 11
on the deputy of the Minister as a member of a Joint Authority. 12
to table reports of Joint Authorities 13
Minister
127. The Minister must table in the Legislative Assembly a copy of each 14
report of a Joint Authority prepared under the Commonwealth Fisheries 15
Act as soon as practicable after the report is received by the Minister. 16
notice 17
Judicial
128. Judicial notice must be taken of the signature of a person who is or 18
has been a member of a Joint Authority, or a deputy of a member of a Joint 19
Authority, and of the fact that the person is, or was at the particular time, a 20
member of a Joint Authority or a deputy of a member of a Joint Authority. 21
of Joint Authorities 22
Functions
129. A Joint Authority has the functions conferred on it by this Act or 23
the Commonwealth Fisheries Act. 24
s 130 79 s 132
Fisheries
1
Delegation
130.(1) A Joint Authority may delegate its powers to-- 2
(a) the chief executive, the Authority, a local government or an entity 3
prescribed under a regulation (a "prescribed entity"); or 4
(b) an officer or employee of the public service; or 5
(c) an officer, employee or member of a local government or 6
prescribed entity; or 7
(d) an officer or employee of the Commonwealth or another State. 8
(2) A delegation of a power to the chief executive, the Authority, a local 9
government, a prescribed entity, or an officer or employee of the 10
Commonwealth or another State, may permit the subdelegation of the 11
power. 12
of Joint Authorities 13
Proceedings
131.(1) A Joint Authority is to conduct its meetings and other 14
proceedings in accordance with the Commonwealth Fisheries Act. 15
(2) A written record of a decision of a Joint Authority, if signed by the 16
Commonwealth Minister, or the Commonwealth Minister's deputy, who 17
took part in or made the decision is evidence that the decision, as recorded, 18
was properly made and recorded. 19
(3) In a legal proceeding, a document signed for a Joint Authority by a 20
member of the Joint Authority is taken to have been properly executed by 21
the Joint Authority and, unless the contrary is proved, is taken to accord 22
with a decision of the Joint Authority. 23
of Joint Authority and other Commonwealth-State 24
Making
arrangements 25
132.(1) The State may make an arrangement under Part 5 of the 26
Commonwealth Fisheries Act for the management of a particular fishery, 27
whether or not a Joint Authority is to have the management of a fishery 28
under the arrangement. 29
(2) To avoid any doubt, an arrangement is a statutory instrument to 30
which section 17 (Exercise of powers between enactment and 31
s 133 80 s 135
Fisheries
commencement) of the Acts Interpretation Act 1954 applies under 1
section 14 of the Statutory Instruments Act 1992. 2
of Commonwealth-State arrangements 3
Ending
133.(1) A Commonwealth-State arrangement for a fishery may be ended 4
under the Commonwealth Fisheries Act. 5
(2) On the ending of the arrangement, all authorities issued, and 6
regulations, management plans and declarations made, for the fishery 7
expire. 8
of Queensland law to fisheries 9
Application
134.(1) If, under a Commonwealth-State arrangement, a fishery is to be 10
managed under Queensland law, Queensland law applies to the fishery. 11
(2) Despite subsection (1), Queensland law does not apply to foreign 12
boats, operations on or from foreign boats, or persons on foreign boats, or 13
to matters happening before the arrangement commenced to which 14
Commonwealth law applies. 15
functions of Joint Authority for fishery under Queensland 16
Additional
law 17
135. If, under a Joint Authority arrangement, a fishery is to be managed 18
by a Joint Authority under Queensland law, the Joint Authority has the 19
following additional functions-- 20
(a) keeping constantly under consideration the fishery's condition; 21
(b) formulating policies and plans for the fishery's management; 22
(c) exercising for the fishery's management powers conferred on the 23
Joint Authority under this Act; 24
(d) cooperating and consulting with other entities on issues of 25
common interest. 26
s 136 81 s 137
Fisheries
of powers for Joint Authority fishery under Queensland law 1
Exercise
136.(1) This section applies to a Joint Authority fishery managed under 2
Queensland law. 3
(2) An authority authorises something to be done in or to the fishery only 4
if it is issued under this section. 5
(3) The Joint Authority for the fishery has, to the exclusion of the 6
fisheries agencies, all the functions and powers of the fisheries agencies for 7
the fishery. 8
(4) This Act and other laws apply to the Joint Authority as if, for the 9
fishery, it were each of the fisheries agencies. 10
(5) On the fishery becoming a Joint Authority fishery, but subject to any 11
regulation made under this Part, all regulations, management plans, 12
declarations and authorities applying to the fishery stop applying to the 13
fishery. 14
(6) An authority issued by the Joint Authority must contain a condition 15
limiting it to fisheries managed by the Joint Authority. 16
(7) The Joint Authority may endorse an authority (including an authority 17
issued by the Joint Authority or another Joint Authority within the meaning 18
of the Commonwealth Fisheries Act) to extend its operation to activities 19
over which the Joint Authority has powers under this Act. 20
(8) If the endorsement mentioned in subsection (7) is made-- 21
(a) the endorsement ends if the authority ends; and 22
(b) the Joint Authority may suspend or cancel the endorsement under 23
this Act as if it were an authority issued by it. 24
(9) This section does not allow the Joint Authority to issue, or take other 25
action about, an authority for a foreign boat. 26
of provisions about offences 27
Application
137. The provisions of this Act about offences, the enforcement of 28
offences and proceedings for offences apply-- 29
(a) to anything done in, or about, a Commonwealth-State fishery (the 30
"cooperative fishery") managed under Queensland law; and 31
s 138 82 s 139
Fisheries
(b) as if-- 1
(i) a reference in this Act to an authority were a reference to an 2
authority, or an endorsement of an authority, issued or made 3
under this Part for the cooperative fishery; and 4
(ii) a reference in this Act to a fishery were a reference to the 5
cooperative fishery. 6
about certain statements in arrangements 7
Presumption
138.(1) A statement in a Commonwealth-State arrangement must be 8
presumed to be correct if it is to the effect that-- 9
(a) for an arrangement to which the Commonwealth and Queensland 10
are the only parties--stated waters are waters relevant to 11
Queensland; and 12
(b) in any other case--stated waters are waters adjacent to the States 13
that are parties to the arrangement or are waters relevant to a 14
stated State or States. 15
(2) A word or expression used in subsection (1) and the Commonwealth 16
Fisheries Act has the same meaning in subsection (1) as it has in the 17
Commonwealth Fisheries Act. 18
for Commonwealth-State fisheries under Queensland 19
Instruments
law 20
139.(1) If, under a Commonwealth-State arrangement, a 21
Commonwealth-State fishery is to be managed under Queensland law, a 22
regulation may be made about any matter-- 23
(a) required or permitted by this Act to be prescribed for a fishery or 24
its management; or 25
(b) necessary or convenient to be prescribed for carrying out or 26
giving effect to, or enabling the carrying out or giving effect to, 27
decisions made under the arrangement; or 28
(c) if the fishery is a Joint Authority fishery--necessary or 29
convenient to be prescribed for carrying out or giving effect to, or 30
enabling the carrying out or giving effect to, decisions of the 31
s 140 83 s 141
Fisheries
fishery's Joint Authority about the fishery or its management. 1
(2) Subsection (1) does not limit section 22 (Power to make statutory 2
instrument under Act etc.) of the Statutory Instruments Act 1992. 3
(3) If an issue is to be decided about whether a regulation, management 4
plan or declaration makes provision about a matter for a purpose mentioned 5
in subsection (1)(b) or (c), it must be presumed that it makes provision for 6
the purpose in the absence of evidence to the contrary. 7
PART 8--ENFORCEMENT 8
1--Inspectors 9
Division
10
Appointment
140.(1) The chief executive may appoint any of the following persons as 11
inspectors-- 12
(a) employees of the department or Authority; 13
(b) officers of the public service; 14
(c) police officers; 15
(d) other persons prescribed under a regulation. 16
(2) The chief executive may appoint a person (other than a police officer) 17
as an inspector only if-- 18
(a) in the chief executive's opinion, the person has the necessary 19
expertise or experience to be an inspector; or 20
(b) the person has satisfactorily finished training approved by the 21
chief executive. 22
of inspector's powers 23
Limitation
141. The powers of an inspector may be limited-- 24
(a) under a regulation; or 25
(b) under a condition of appointment; or 26
(c) by written notice of the chief executive given to the inspector. 27
s 142 84 s 144
Fisheries
conditions of appointment 1
Inspector's
142.(1) An inspector holds office on the conditions specified in the 2
instrument of appointment. 3
(2) An inspector-- 4
(a) if the appointment provides for a term of appointment--ceases 5
holding office at the end of the term; and 6
(b) may resign by signed notice of resignation given to the chief 7
executive; and 8
(c) if the conditions of appointment provide--ceases holding office 9
as an inspector on ceasing to hold another office stated in the 10
conditions of appointment. 11
identity card 12
Inspector's
143.(1) The chief executive must give each inspector an identity card. 13
(2) The identity card must-- 14
(a) contain a recent photograph of the inspector; and 15
(b) be in a form approved by the chief executive; and 16
(c) be signed by the inspector; and 17
(d) identify the person as an inspector under this Act. 18
(3) A person who ceases to be an inspector must return the person's 19
identity card to the chief executive within 21 days after the person ceases to 20
be an inspector, unless the person has a reasonable excuse for not returning 21
it. 22
Maximum penalty--80 penalty units. 23
(4) This section does not apply to an inspector who is a police officer. 24
or display of inspector's identity card 25
Production
144.(1) An inspector (other than a police officer in uniform) may 26
exercise a power under this Act in relation to someone else only if the 27
inspector-- 28
(a) first produces his or her identity card for inspection by the person; 29
s 145 85 s 145
Fisheries
or 1
(b) has the identity card displayed so that it is clearly visible to the 2
person. 3
(2) However, if for any reason, it is not practicable to comply with 4
subsection (1), the inspector must produce the identity card for inspection 5
by the person at the first reasonable opportunity. 6
Division 2--Powers of inspectors for places, boats and vehicles 7
to places 8
Entry
145.(1) An inspector may enter a place if-- 9
(a) its occupier consents to the entry or the purpose of the entry is to 10
get the occupier's consent; or 11
(b) it is a public place and the entry is made when it is open to the 12
public; or 13
(c) it is mentioned in an authority as a place of business, or another 14
place, required to be open for inspection and the inspection is 15
made when the place is-- 16
(i) open for the conduct of business or otherwise open for 17
entry; or 18
(ii) required under the authority to be open for inspection; or 19
(d) the entry is permitted by a warrant; or 20
(e) the entry is necessary to take action the inspector is required or 21
authorised to take under-- 22
(i) a quarantine declaration; or 23
(ii) an order under this Act for the taking and removal, or 24
destruction, of fisheries resources;13 or 25
(iii) an order under this Act for the taking of action to stop or 26
13 This order is made under section 108 (Order for taking and removing, or
destroying, noxious, nonindigenous or diseased fisheries resources or aquaculture
fish).
s 146 86 s 146
Fisheries
delay fisheries resources or plants from escaping.14 1
(2) An inspector may also enter a place if-- 2
(a) the place is not within a city or town under the Local Government 3
Act 1993; and 4
(b) the place is not the site or curtilage of a building or other structure 5
used for residential purposes; and 6
(c) the purpose of the entry is to gain access, by a direct reasonable 7
route, to a body of water. 8
(3) In addition, an inspector may enter on, and pass along, the beds, 9
banks or borders of a body of water. 10
of boats and entry of vehicles 11
Boarding
146.(1) An inspector may board a boat to find out whether this Act is 12
being complied with. 13
(2) An inspector may also board a boat or enter a vehicle if the inspector 14
has reasonable grounds for suspecting-- 15
(a) the boat or vehicle is being, or has been, used in the commission 16
of an offence against this Act; or 17
(b) the boat or vehicle, or a thing in or on the boat or vehicle, may 18
provide evidence of the commission of an offence against this 19
Act. 20
(3) Before boarding an unattended boat or entering an unattended vehicle 21
under this section, the inspector must take reasonable steps to advise its 22
owner, or the person in control of it, of the intention to board or enter. 23
(4) However, an inspector may enter a secured part of an unattended boat 24
only if the owner or person in control of the boat consents or the entry is 25
permitted by a warrant. 26
14 This order is made under section 109 (Order to stop or delay escape of noxious,
nonindigenous or diseased fisheries resources or aquaculture fish).
s 147 87 s 148
Fisheries
of boat, or entry of vehicle, that is moving or about to move 1
Boarding
147.(1) This section applies if an inspector intends to board a boat or 2
enter a vehicle under this Division, including a boat that is being carried or 3
towed by a vehicle. 4
(2) If the boat or vehicle is moving or about to move, the inspector may 5
signal the person in control of the boat or vehicle to stop the boat or vehicle 6
or not to move it. 7
(3) To enable the boat to be boarded or vehicle to be entered, the 8
inspector may-- 9
(a) act with necessary and reasonable help and force; and 10
(b) require the person in control of the boat or vehicle to give 11
reasonable help to the inspector. 12
(4) A person must obey a signal under subsection (2), unless the person 13
has a reasonable excuse for disobeying it. 14
Maximum penalty--200 penalty units. 15
(5) A person must comply with a requirement under subsection (3)(b), 16
unless the person has a reasonable excuse for not complying with it. 17
Maximum penalty--200 penalty units. 18
(6) It is a reasonable excuse for a person to disobey a signal under 19
subsection (2) if-- 20
(a) the person reasonably believes that to obey the signal immediately 21
would have endangered the person or someone else, or the boat 22
or vehicle; and 23
(b) the person obeys the signal as soon as it is practicable to obey it. 24
25
Warrants
148.(1) An inspector may apply to a Magistrate for a warrant for a place 26
or boat. 27
(2) The application must be sworn and state the grounds on which the 28
warrant is sought. 29
(3) The Magistrate may refuse to consider the application until the 30
inspector gives the Magistrate all the information the Magistrate requires 31
s 149 88 s 149
Fisheries
about the application in the way the Magistrate requires. 1
2
Example--
3
The Magistrate may require additional information supporting the application be
4
given by statutory declaration.
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 5
there are reasonable grounds for suspecting-- 6
(a) there is a particular thing or activity (the "evidence") that may 7
provide evidence of the commission of an offence against this 8
Act; and 9
(b) the evidence is, or may be within the next 7 days, at the place or 10
on the boat. 11
(5) The warrant must state-- 12
(a) the inspector may, with necessary and reasonable help and force, 13
enter the place, or board the boat, and exercise the inspector's 14
powers under this Act; and 15
(b) the evidence for which the warrant is issued; and 16
(c) the hours of the day when entry may be made; and 17
(d) the day (within 14 days after the warrant's issue) when the 18
warrant ends. 19
made other than in person 20
Warrants--applications
149.(1) An inspector may apply for a warrant by phone, fax, radio or 21
another form of communication if the inspector considers it necessary 22
because of-- 23
(a) urgent circumstances; or 24
(b) other special circumstances, including, for example, the 25
inspector's remote location. 26
(2) Before applying for the warrant, the inspector must prepare an 27
application stating the grounds on which the warrant is sought. 28
(3) The inspector may apply for the warrant before the application is 29
sworn. 30
(4) After issuing a warrant, the Magistrate must immediately fax a copy 31
s 149 89 s 149
Fisheries
to the inspector if it is reasonably practicable to fax the copy. 1
(5) If it is not reasonably practicable to fax a copy of the warrant to the 2
inspector-- 3
(a) the Magistrate must-- 4
(i) tell the inspector what the terms of the warrant are; and 5
(ii) tell the inspector the date and time the warrant was signed; 6
and 7
(iii) record on the warrant the reasons for issuing it; and 8
(b) the inspector must-- 9
(i) complete a form of warrant ("warrant form") in the same 10
terms as the warrant issued by the Magistrate; and 11
(ii) write on the warrant form the name of the Magistrate and the 12
date and time the Magistrate signed the warrant. 13
(6) The facsimile warrant, or the warrant form properly completed by the 14
inspector, is permission for the entry and the exercise of the other powers 15
permitted by the warrant issued by the Magistrate. 16
(7) The inspector must send to the Magistrate-- 17
(a) the sworn application; and 18
(b) if a warrant form was completed by the inspector--the completed 19
warrant form. 20
(8) The sworn application and a completed warrant form must be sent to 21
the Magistrate at the earliest practicable opportunity. 22
(9) When the Magistrate receives the application and warrant form, the 23
Magistrate must attach them to the warrant issued by the Magistrate. 24
(10) Unless the contrary is proved, a court must presume that the 25
exercise of a power was not permitted by a warrant under this section if an 26
issue arises, in a proceeding before the court, whether the exercise of power 27
was authorised by a warrant under this section and the warrant is not 28
produced in evidence. 29
s 150 90 s 150
Fisheries
general powers for places, boats and vehicles 1
Inspector's
150.(1) An inspector who enters a place, boards a boat or enters a vehicle 2
under this Part may-- 3
(a) search any part of the place, boat or vehicle; or 4
(b) examine, inspect, test, photograph or film anything in or on the 5
place, boat or vehicle; or 6
(c) mark or seal a container or other thing in or on the place, boat or 7
vehicle; or 8
(d) open a container if the inspector considers it is necessary for 9
exercising a power; or 10
(e) take samples of or from anything in or on the place, boat or 11
vehicle; or 12
(f) take extracts from, or make copies of, a document in or on the 13
place, boat or vehicle; or 14
(g) take into or onto the place, boat or vehicle any persons, equipment 15
and materials the inspector reasonably requires for exercising a 16
power in relation to the place, boat or vehicle; or 17
(h) require a person in or on the place, boat or vehicle, or the occupier 18
of the place, to give the inspector reasonable help for the exercise 19
of the powers mentioned in paragraphs (a) to (g); or 20
(i) if the inspector boards a boat or enters a vehicle--by written 21
notice given to the person in control of the boat or vehicle, require 22
the person-- 23
(i) to take the boat or vehicle to a stated reasonable place by a 24
stated reasonable time; and 25
(ii) if necessary, to remain in control of the boat or vehicle at the 26
place for a reasonable time; 27
to enable the inspector to exercise the powers mentioned in 28
paragraphs (a) to (g); or 29
(j) if the inspector boards a boat or enters a vehicle--require the 30
person in control of boat or vehicle to accompany the inspector to 31
enable the inspector to comply with subsection (8). 32
s 150 91 s 150
Fisheries
(2) A person must not unlawfully break, remove or change a mark or 1
seal placed on a container or thing under subsection (1)(c). 2
Maximum penalty--200 penalty units. 3
(3) A person who is required by an inspector under subsection (1)(h) to 4
give the inspector reasonable help for the exercise of a power must comply 5
with the requirement, unless the person has a reasonable excuse for not 6
complying with it. 7
Maximum penalty--200 penalty units. 8
(4) If the help is required to be given by a person by-- 9
(a) answering a question; or 10
(b) producing a document (other than an authority or other document 11
required to be kept by the person under this Act); 12
it is a reasonable excuse for the person to fail to answer the question, or 13
produce the document, if complying with the requirement might tend to 14
incriminate the person. 15
(5) A person who is required by an inspector under subsection (1)(i) to 16
take action in relation to a boat or vehicle must comply with the 17
requirement, unless the person has a reasonable excuse for not complying 18
with it. 19
Maximum penalty--200 penalty units. 20
(6) If, for any reason, it is not practicable to make a requirement under 21
subsection (1)(i) by written notice, the requirement may be made orally and 22
confirmed by written notice as soon as practicable. 23
(7) Nothing in this section prevents an inspector making a further 24
requirement under subsection (1)(i) of the same person or another person in 25
relation to the same boat or vehicle, if it is necessary and reasonable to make 26
the further requirement. 27
(8) The inspector must not enter a part of a boat or vehicle used only as a 28
living area, or exercise a power under subsection (1)(a) to (g) in relation to 29
that part, unless the inspector is accompanied by the person in control of the 30
boat or vehicle. 31
(9) Subsection (8) does not apply if the person in control of the boat or 32
s 151 92 s 151
Fisheries
vehicle is unavailable or unwilling to accompany the inspector or the 1
inspector is unable for another reason to comply with the subsection. 2
to seize evidence from places etc. 3
Power
151.(1) An inspector who enters a place or boards a boat under this Part 4
under a warrant may seize the evidence for which the warrant was issued. 5
(2) An inspector who enters a place under this Part with the occupier's 6
consent may seize the particular thing for which the entry was made if the 7
inspector believes on reasonable grounds the thing is evidence of an offence 8
against this Act. 9
(3) An inspector who enters a place or boards a boat under this Part 10
under a warrant, or enters a place with the occupier's consent, may also 11
seize another thing if the inspector believes on reasonable grounds-- 12
(a) the thing is evidence of the commission of an offence against this 13
Act; and 14
(b) the seizure is necessary to prevent-- 15
(i) the concealment, loss, death or destruction of the thing; or 16
(ii) the use of the thing in committing, continuing or repeating 17
the offence. 18
(4) An inspector who enters a place under this Part other than under a 19
warrant or with the occupier's consent may seize a thing if the inspector 20
believes on reasonable grounds-- 21
(a) the thing is evidence of the commission of an offence against this 22
Act; and 23
(b) the seizure is necessary to prevent-- 24
(i) the concealment, loss, death or destruction of the thing; or 25
(ii) the use of the thing in committing, continuing or repeating 26
the offence. 27
(5) This section is in addition to, and does not limit, the powers of an 28
inspector who boards a boat without a warrant. 29
s 152 93 s 154
Fisheries
to seize evidence after boarding a boat or entering a vehicle 1
Power
152. An inspector who boards a boat or enters a vehicle under this Part 2
may seize-- 3
(a) a thing in or on the boat or vehicle; or 4
(b) the boat or vehicle itself; 5
if the inspector believes, on reasonable grounds, the thing, boat or vehicle is 6
evidence of the commission of an offence against this Act. 7
power to seize fisheries resources etc. 8
Additional
153.(1) This section applies if an inspector-- 9
(a) enters a place or vehicle or boards a boat; and 10
(b) finds fisheries resources, a container, fishing apparatus or 11
anything else (the "thing"). 12
(2) The inspector may seize the thing if the inspector believes, on 13
reasonable grounds-- 14
(a) that an offence against this Act has been committed in relation to 15
the thing; or 16
(b) that the thing was used in committing an offence against this Act. 17
(3) If the thing is a container, the inspector may seize the container and its 18
contents if the inspector believes, on reasonable grounds, that-- 19
(a) it contains fisheries resources, fishing apparatus or anything else 20
(the "contents"); and 21
(b) an offence against this Act has been committed in relation to all or 22
some of the contents. 23
of fisheries resources in heap etc. 24
Seizure
154.(1) In this section-- 25
"declared fisheries resources" means fisheries resources declared under a 26
regulation or management plan to be fisheries resources to which this 27
section applies; 28
"forfeiture offence" means an offence against this Act declared under a 29
s 154 94 s 154
Fisheries
regulation or management plan to be an offence to which this section 1
applies; 2
"threshold percentage" for declared fisheries resources means the 3
percentage (which may be nil) prescribed under a regulation or 4
management plan for the fisheries resources. 5
(2) This section applies if-- 6
(a) particular declared fisheries resources (the "suspect fisheries 7
resources") are part of declared fisheries resources in a heap, 8
collection or container; and 9
(b) an inspector believes, on reasonable grounds, that-- 10
(i) a forfeiture offence has been committed in relation to the 11
suspected fisheries resources; and 12
(ii) the weight or number of the suspect fisheries resources 13
expressed as a percentage of the total weight or number of 14
the declared fisheries resources in the heap, collection or 15
container is more than the threshold percentage for the 16
fisheries resources. 17
18
Examples of `heap, collection or container'--
19
1. A freezer on a boat stocked with a large quantity of frozen scallops.
20
2. Fish in a processing establishment where, because of the quantity of the
21
fish, it is impracticable to count the fish of a particular species or type.
22
Examples of the ways an inspector may form a belief on reasonable grounds--
23
A statistical test or random sampling of the declared fisheries resources in the
24
heap, collection or container.
(3) The inspector may seize all the fisheries resources in the heap, 25
collection or container and, if the fisheries resources are in a container, the 26
container. 27
(4) If a person is later convicted of a forfeiture offence in relation to the 28
suspect fisheries resources, then, for the purposes of the forfeiture of the 29
fisheries resources in the heap, collection or container, all of those fisheries 30
resources are taken to be fisheries resources the subject of the offence. 31
s 155 95 s 156
Fisheries
in support of seizure 1
Powers
155.(1) This section applies if an inspector is permitted to seize a boat, 2
vehicle or anything else. 3
(2) To enable the boat, vehicle or other thing to be seized, an inspector 4
may, by written notice given to the person in control of the boat, vehicle or 5
thing, require the person-- 6
(a) to take it to a specified reasonable place by a specified reasonable 7
time; and 8
(b) if necessary, to remain in control of it at the place for a reasonable 9
time. 10
(3) If, for any reason, it is not practicable to make the requirement by a 11
written notice, the requirement may be made orally and confirmed by 12
written notice as soon as practicable. 13
(4) A person must comply with a requirement under this section, unless 14
the person has a reasonable excuse for not complying with it. 15
Maximum penalty--200 penalty units. 16
(5) Nothing in this section prevents an inspector making a further 17
requirement under this section of the same person or another person in 18
relation to the same boat, vehicle or thing, if it is necessary and reasonable 19
to make the further requirement. 20
Division 3--Procedures after seizure 21
Subdivision 1--General 22
to be given 23
Receipt
156.(1) As soon as practicable after a thing (including a boat or vehicle) 24
is seized by an inspector under this Act, the inspector must give a receipt for 25
it to the person from whom it was seized. 26
(2) The receipt must describe generally the condition of the thing seized 27
and, if more than 1 thing is seized, must include an inventory or general 28
description of them. 29
s 157 96 s 158
Fisheries
(3) If, for any reason, it is not practicable to comply with subsection (1), 1
the inspector must-- 2
(a) leave the receipt at the place where the thing is seized; and 3
(b) ensure the receipt is left in a reasonably secure way in a 4
conspicuous position. 5
(4) This section does not apply if-- 6
(a) it is not practicable to comply with subsection (1) or (3); and 7
(b) the owner of the thing cannot be decided after reasonable inquiries 8
or, having regard to its value, it is not reasonable to make 9
inquiries about its owner. 10
11
Example of subsection (4)--
12
An inspector seizes an unattended crab pot or net that the inspector finds in a
13
creek.
to allow inspection etc. 14
Inspector
157. Until a seized thing is forfeited, returned or otherwise finally dealt 15
with under this Act, an inspector must allow a person who would be 16
entitled to possession of it, if it had not been seized, to inspect it and, if it is 17
a document, make copies of it. 18
may dispose of fisheries resources taken unlawfully 19
Inspector
158.(1) This section applies if fisheries resources are seized under this 20
Act and an inspector believes, on reasonable grounds, that the fisheries 21
resources have been taken unlawfully. 22
(2) If the fisheries resources are alive, the inspector may immediately 23
return them to the wild or, if appropriate, the place from which they were 24
taken. 25
(3) If the fisheries resources are dead and the inspector believes, on 26
reasonable grounds, that they are diseased, putrid, unfit for sale, of no value 27
or of insufficient value to justify their sale, the inspector may immediately 28
dispose of the fisheries resources in a way decided by the inspector. 29
s 159 97 s 160
Fisheries
fisheries resources become Authority's property 1
Seized
159.(1) This section applies if fish are seized under this Act and are not 2
immediately returned to the wild or otherwise disposed of by an inspector 3
under this subdivision. 4
(2) The fisheries resources become the Authority's property if-- 5
(a) their seizure is not the subject of an appeal to a Magistrates Court 6
within 7 days after their seizure; or 7
(b) their seizure is the subject of an appeal to a Magistrates Court 8
within 7 days after their seizure, but the seizure is confirmed on 9
appeal; or 10
(c) the Authority and the owner of the fisheries resources agree, in 11
writing, that the fisheries resources should become the 12
Authority's property. 13
(3) If fisheries resources that become the Authority's property under this 14
section have a market value and it is practicable to sell them, the Authority 15
must sell them in a reasonable way decided by it or in a way agreed with the 16
owner of the fisheries resources. 17
(4) If the fisheries resources do not have a market value or it is not 18
practicable to sell them, the Authority may dispose of them in any 19
reasonable way decided by it or in a way agreed with the owner of the 20
fisheries resources. 21
(5) However, if the seizure of the fisheries resources is the subject of an 22
appeal to a Magistrates Court, the Court may give directions about how the 23
fisheries resources are to be sold or disposed of, whether or not it confirms 24
the seizure. 25
may return seized things etc. 26
Authority
160.(1) The Authority may return anything seized under this Act to its 27
owner. 28
(2) If fisheries resources seized under this Act are sold by the Authority, 29
the Authority may return the net proceeds of sale to the owner of the 30
fisheries resources. 31
(3) The Authority may return the thing or net proceeds of sale to its 32
s 161 98 s 162
Fisheries
owner on conditions, including conditions to ensure that the thing or net 1
proceeds of sale are available for forfeiture. 2
(4) If the thing or net proceeds of sale are not ordered to be forfeited to 3
the Authority, the Authority must return any property or security taken by it 4
under a condition imposed under subsection (3) at the end of-- 5
(a) 6 months after the seizure; or 6
(b) if a prosecution for an offence involving the thing or fisheries 7
resources is started within the 6 months--the prosecution for the 8
offence and any appeal from the prosecution. 9
to return seized things (other than fisheries resources) 10
Obligation
161.(1) This section applies if a thing (other than fisheries resources) is 11
seized under this Act. 12
(2) The Authority must return the seized thing to its owner at the end 13
of-- 14
(a) 6 months; or 15
(b) if a prosecution for an offence involving the thing is started within 16
the 6 months--the prosecution for the offence and any appeal 17
from the prosecution. 18
(3) Despite subsection (2), the Authority must return the seized thing to 19
its owner immediately if it is not satisfied or stops being satisfied its 20
retention as evidence is necessary. 21
(4) However, the Authority may keep the seized thing if the Authority 22
believes, on reasonable grounds, the thing is liable to forfeiture under this 23
Act. 24
(5) This section does not require the return of the thing if a court has 25
ordered that the thing be forfeited to the Authority. 26
to pay net proceeds of sale of fisheries resources 27
Obligation
162.(1) This section applies if-- 28
(a) fisheries resources are seized under this Act; and 29
(b) the fisheries resources are sold after becoming the Authority's 30
s 163 99 s 163
Fisheries
property. 1
(2) The Authority must pay the net proceeds of sale to the owner of the 2
fisheries resources at the end of-- 3
(a) 6 months; or 4
(b) if a prosecution for an offence involving the fisheries resources is 5
started within the 6 months--the prosecution for the offence and 6
any appeal from the prosecution. 7
(3) This section does not require the payment of the net proceeds of sale 8
if a court has-- 9
(a) confirmed the seizure; or 10
(b) ordered that the net proceeds of sale be forfeited to the Authority. 11
may order forfeiture of unclaimed things 12
Authority
163.(1) This section applies if-- 13
(a) a thing is seized under this Act; and 14
(b) the owner of the thing cannot be found after reasonable inquiries 15
or, having regard to its value, it is not reasonable to make 16
inquiries about its owner. 17
(2) This section also applies if-- 18
(a) a thing is seized under this Act; and 19
(b) the thing contravenes this Act or other fisheries legislation, but a 20
prosecution involving the thing is not started. 21
22
Example of subsection (2)--
23
Fishing apparatus of illegal dimensions.
(3) In addition, this section also applies if-- 24
(a) a thing is seized under this Act; and 25
(b) the Authority is unable, after making reasonable efforts, to return 26
the thing to its owner. 27
(4) The Authority may order the forfeiture of the thing to the Authority. 28
s 164 100 s 165
Fisheries
Subdivision 2--Appeal against seizure of fisheries resources 1
and how to start appeal 2
Where
164.(1) A person whose fisheries resources have been seized under this 3
Act may appeal to the Magistrates Court nearest where the fisheries 4
resources were seized. 5
(2) However, the person may not appeal, and any appeal already started 6
by the person lapses, if the fisheries resources become the Authority's 7
property. 8
(3) The appeal is started by-- 9
(a) filing a written notice of appeal with the clerk of the court of the 10
Magistrates Court; and 11
(b) giving a copy of the notice to the Authority. 12
(4) Without limiting subsection (3)(b), the Authority is given a copy of 13
the notice if a copy is given to the inspector who seized the fisheries 14
resources. 15
(5) The notice of appeal must state the grounds of the appeal. 16
procedures 17
Hearing
165.(1) The power to make rules of court under the Magistrates Courts 18
Act 1921 includes power to make rules of court for appeals to Magistrates 19
Courts under this Act. 20
(2) The procedure for an appeal to a Magistrates Court under this Act is 21
to be-- 22
(a) in accordance with the rules made under the Magistrates Courts 23
Act 1921; or 24
(b) in the absence of relevant rules, as directed by a Magistrate. 25
(3) In deciding the appeal, the Magistrates Court-- 26
(a) is not bound by the rules of evidence; and 27
(b) must observe natural justice; and 28
(c) may hear the appeal in court or chambers. 29
s 166 101 s 169
Fisheries
of Magistrates Court on appeal 1
Powers
166. In deciding the appeal, the Magistrates Court may-- 2
(a) confirm the seizure of the fisheries resources; or 3
(b) set aside the seizure and order the return of the fisheries 4
resources. 5
may give Authority directions about disposal of seized fisheries 6
Court
resources 7
167. If the Magistrates Court confirms the seizure, it may direct the 8
Authority how to sell or otherwise dispose of the fisheries resources. 9
to District Court on questions of law only 10
Appeal
168. A party dissatisfied by the decision of the Magistrates Court may 11
appeal to a District Court, but only on a question of law. 12
4--Other enforcement powers of inspectors 13
Division
to stop persons 14
Power
169.(1) An inspector may require a person to stop, and not to move on 15
until permitted by the inspector, if the inspector-- 16
(a) finds the person committing an offence against this Act; or 17
(b) finds the person in circumstances that lead, or has information 18
that leads, the inspector to suspect on reasonable grounds the 19
person has just committed an offence against this Act. 20
(2) The inspector may require the person not to move on only for as long 21
as is reasonably necessary for the inspector to exercise the inspector's 22
powers under this Act in relation to the person. 23
(3) A person must comply with a requirement under subsection (1), 24
unless the person has a reasonable excuse for not complying with it. 25
Maximum penalty for subsection (3)--200 penalty units. 26
s 170 102 s 171
Fisheries
to require name and address 1
Power
170.(1) An inspector may require a person to state the person's name 2
and address if the inspector-- 3
(a) finds the person committing an offence against this Act; or 4
(b) finds the person in circumstances that lead, or has information 5
that leads, the inspector to suspect on reasonable grounds the 6
person has just committed an offence against this Act. 7
(2) When making the requirement, the inspector must warn the person it 8
is an offence to fail to state the person's name and address, unless the 9
person has a reasonable excuse. 10
(3) The inspector may require the person to give evidence of the 11
correctness of the person's stated name or address if the inspector suspects, 12
on reasonable grounds, the stated name or address is false. 13
(4) A person must comply with an inspector's requirement under 14
subsection (1) or (3), unless the person has a reasonable excuse for not 15
complying with it. 16
Maximum penalty--200 penalty units. 17
(5) A police officer may arrest a person without a warrant if the police 18
officer believes on reasonable grounds that-- 19
(a) the person has not complied with an inspector's requirement 20
under subsection (1) or (3); and 21
(b) proceedings by way of complaint and summons against the 22
person would be ineffective. 23
(6) The person does not commit an offence against this section if-- 24
(a) the inspector required the person to state the person's name and 25
address on suspicion of the person having committed an offence 26
against this Act; and 27
(b) the person is not proved to have committed the offence. 28
to require information from certain persons 29
Power
171.(1) This section applies if an inspector suspects, on reasonable 30
grounds, that-- 31
s 172 103 s 172
Fisheries
(a) an offence against this Act has been committed; and 1
(b) a person may be able to give information about the offence. 2
(2) The inspector may require the person to give information about the 3
offence. 4
(3) When making the requirement, the inspector must warn the person it 5
is an offence to fail to give the information, unless the person has a 6
reasonable excuse. 7
(4) The person must comply with the requirement, unless the person has 8
a reasonable excuse for not complying with it. 9
Maximum penalty--200 penalty units. 10
(5) It is a reasonable excuse for the person to fail to give information if 11
giving the information might tend to incriminate the person. 12
(6) The person does not commit an offence against this section if the 13
information sought by the inspector is not in fact relevant to the offence. 14
to require production of documents 15
Power
172.(1) An inspector may require a person to produce for inspection-- 16
(a) a document required to be kept by the person under this Act; or 17
(b) if the person is engaged in the business of buying or selling 18
fisheries resources by wholesale or retail--a document about the 19
buying or selling of fisheries resources in the person's 20
possession. 21
(2) A person required under this Act to have a document available for 22
immediate inspection must produce it immediately for inspection by the 23
inspector or someone else specified by the inspector, unless the person has 24
a reasonable excuse for not producing it. 25
Maximum penalty--500 penalty units. 26
(3) In any other case, a person required under this Act to keep a 27
document must produce it immediately, or within a reasonable time allowed 28
by the inspector, for inspection by the inspector or someone else specified 29
by the inspector, unless the person has a reasonable excuse for not 30
producing it. 31
s 173 104 s 174
Fisheries
Maximum penalty--200 penalty units. 1
(4) The inspector may keep the document to make a copy of it. 2
(5) The inspector must return the document to the person as soon as 3
practicable after making the copy. 4
of inspector about explosives etc. 5
Powers
173.(1) If-- 6
(a) an inspector finds a person on a boat, a foreshore or a bed, bank 7
or border of a body of water; and 8
(b) the person is in possession of an explosive, powerhead or other 9
explosive propelled missile, firearm, noxious substance, or device 10
that creates an electrical field in waters or on land, (the "suspect 11
thing"); 12
the inspector may seize the suspect thing and require the person, within the 13
specified reasonable time allowed by the inspector, to produce to the 14
inspector or someone else specified by the inspector, proof that the person's 15
possession of the suspect thing is lawful. 16
(2) The person must comply with the requirement, unless the person has 17
a reasonable excuse for not complying with it. 18
Maximum penalty--200 penalty units. 19
(3) It is a reasonable excuse for the person to fail to give information if 20
giving the information might tend to incriminate the person. 21
5--Other enforcement matters 22
Division
orders against persistent offenders 23
Restraining
174.(1) A fisheries agency may apply to the District Court for an order 24
restraining a person from-- 25
(a) continuing or repeating a particular activity; or 26
(b) committing an offence against this Act. 27
(2) The Court may make an order under subsection (1)(a) if it is 28
s 175 105 s 176
Fisheries
satisfied-- 1
(a) the person will commit an offence against this Act if the person 2
continues or repeats the activity; and 3
(b) the activity may seriously harm fisheries resources or a fish 4
habitat. 5
(3) The Court may make an order under subsection (1)(b) if it is satisfied 6
that the person has been convicted of an offence against this Act on at least 7
3 separate occasions. 8
(4) If a person contravenes an order under this section, the person 9
commits an offence against this subsection. 10
Maximum penalty for subsection (4)--1 000 penalty units. 11
or misleading information 12
False
175.(1) A person must not-- 13
(a) state anything to an inspector the person knows is false or 14
misleading in a material particular; or 15
(b) omit from a statement made to an inspector anything without 16
which the statement is, to the person's knowledge, misleading in 17
a material particular. 18
Maximum penalty--500 penalty units. 19
(2) A complaint against a person for an offence against subsection (1)(a) 20
or (b) is sufficient if it states the statement made was false or misleading to 21
the person's knowledge. 22
misleading or incomplete documents 23
False,
176.(1) A person must not give a fisheries agency or an inspector a 24
document containing information the person knows is false, misleading or 25
incomplete in a material particular. 26
Maximum penalty--500 penalty units. 27
(2) Subsection (1) does not apply to a person who, when giving the 28
document-- 29
s 177 106 s 178
Fisheries
(a) informs the fisheries agency or inspector, to the best of the 1
person's ability, how it is false, misleading or incomplete; and 2
(b) gives the correct information to the fisheries agency or inspector 3
if the person has, or can reasonably obtain, the correct 4
information. 5
(3) A complaint against a person for an offence against subsection (1) is 6
sufficient if it states the document was false, misleading or incomplete to 7
the person's knowledge. 8
on conviction 9
Forfeiture
177.(1) On the conviction of a person for an offence against this Act, the 10
court may order the forfeiture to the Authority of any of the following-- 11
(a) anything (including a boat or vehicle) used to commit the offence; 12
(b) fisheries resources the subject of the offence or, if the fisheries 13
resources have been sold by the Authority, the net proceeds of 14
sale; 15
(c) anything else the subject of the offence. 16
(2) The court may make an order under subsection (1) in relation to a 17
thing or fisheries resources-- 18
(a) whether or not the thing or fisheries resources have been seized 19
under this Act; and 20
(b) if the thing or fisheries resources have been seized--whether or 21
not the thing or fisheries resources have been returned to its or 22
their owner. 23
(3) The court may make any order to enforce the forfeiture that it 24
considers appropriate. 25
(4) This section does not limit the court's powers under the Penalties 26
and Sentences Act 1992 or any other law. 27
with forfeited things 28
Dealing
178.(1) On the forfeiture of a thing (including fisheries resources or net 29
proceeds of sale), the thing becomes the Authority's property and may be 30
s 179 107 s 180
Fisheries
dealt with by the Authority as it considers appropriate. 1
(2) Without limiting subsection (1), the Authority may-- 2
(a) sell it to its previous owner or a person who had a legal or 3
beneficial interest in it; or 4
(b) sell it to anyone else (by auction, tender or otherwise); or 5
(c) destroy it or give it away. 6
7
Compensation
179.(1) A person may claim compensation from the fisheries agency 8
concerned if the person incurs loss or expense because of the exercise or 9
purported exercise of a power under this Part. 10
(2) Payment of compensation may be claimed and ordered in a 11
proceeding for-- 12
(a) compensation brought in a court of competent jurisdiction; or 13
(b) an offence against this Act brought against the person making the 14
claim for compensation. 15
(3) A court may order the payment of compensation for the loss or 16
expense only if it is satisfied it is just to make the order in the circumstances 17
of the particular case. 18
(4) However, the court may not order payment of compensation for the 19
lawful seizure, or lawful seizure and forfeiture, of anything under this Part. 20
to give notice of damage 21
Inspector
180.(1) An inspector who, in the exercise or purported exercise of a 22
power under this Part, damages anything must immediately give written 23
notice of the particulars of the damage. 24
(2) The notice must be given to-- 25
(a) for damage to a boat or vehicle or a thing on a boat or 26
vehicle--the person in control of the boat or vehicle; or 27
(b) for damage to anything else--the person who appears to the 28
inspector to be the owner of the thing. 29
s 181 108 s 181
Fisheries
(3) If, for any reason, it is not practicable to comply with subsection (2), 1
the inspector must-- 2
(a) leave the notice at the place where the damage happened; and 3
(b) ensure the notice is left in a reasonably secure way and in a 4
conspicuous position. 5
to entry 6
Consent
181.(1) This section applies if an inspector intends to seek the consent of 7
an occupier of a place to an inspector entering the place under this Part. 8
(2) This section also applies if an inspector intends to seek the consent of 9
the owner or person in control of an unattended boat to an inspector entering 10
a secured part of the boat under this Part. 11
(3) Before seeking the consent, the inspector must inform the occupier, 12
owner or other person (the "person")-- 13
(a) of the purpose of the search; and 14
(b) that anything seized during the search may be used in evidence in 15
court; and 16
(c) that the person is not required to consent. 17
(4) If the consent is given, the inspector may ask the person to sign an 18
acknowledgment of the consent. 19
(5) The acknowledgment must-- 20
(a) state the person was informed-- 21
(i) of the purpose of the search; and 22
(ii) that anything seized during the search may be used in 23
evidence in court; and 24
(iii) that the person was not required to consent; and 25
(b) state the person gave the inspector consent under this Part-- 26
(i) to enter the place or secured part of the boat; and 27
(ii) to exercise powers under this Act; and 28
(c) state the time and date the consent was given. 29
s 182 109 s 184
Fisheries
(6) If the person signs an acknowledgment of consent, the inspector 1
must immediately give a copy to the person. 2
etc. of inspector 3
Obstruction
182. A person must not obstruct, hinder or resist an inspector in the 4
exercise of a power, unless the person has a reasonable excuse. 5
Maximum penalty--1 000 penalty units. 6
of inspector 7
Impersonation
183. A person must not pretend to be an inspector. 8
Maximum penalty--1 000 penalty units. 9
6--Evidence 10
Division
provisions 11
Evidentiary
184.(1) This section applies to a proceeding under this Act or other 12
fisheries legislation. 13
(2) The appointment or power of an inspector must be presumed unless 14
a party, by reasonable notice, requires proof of-- 15
(a) the appointment; or 16
(b) the power to do anything under this Act. 17
(3) A signature purporting to be the signature of the chief executive, the 18
chairperson of the Authority or an inspector is evidence of the signature it 19
purports to be. 20
(4) A certificate purporting to be signed by a person mentioned in 21
subsection (3) and stating any of the following matters is evidence of the 22
matter-- 23
(a) a stated document is-- 24
(i) an authority or a copy of an authority; or 25
(ii) an order, direction, requirement or decision, or a copy of an 26
s 185 110 s 186
Fisheries
order direction, requirement or decision, given or made 1
under this Act; or 2
(iii) a notice, or a copy of a notice, given under this Act; or 3
(iv) a record, or a copy of a record, kept under this Act; or 4
(v) a document, or a copy of a document, kept under this Act; 5
(b) on a stated day, or during a stated period, a stated person was or 6
was not the holder of an authority or a stated authority; 7
(c) a stated authority was or was not in force on a stated day or 8
during a stated period; 9
(d) on a stated day, an authority-- 10
(i) was suspended for a stated period; or 11
(ii) was cancelled; 12
(e) on a stated day, a stated person was given a stated notice, order, 13
requirement or direction under this Act; 14
(f) a stated fee or other amount is payable by a stated person to a 15
fisheries agency and has not been paid; 16
(g) anything else prescribed by regulation. 17
PART 9--ADMINISTRATIVE APPEALS 18
1--Fisheries Tribunal 19
Division
20
Establishment
185. The Fisheries Tribunal is established. 21
22
Composition
186.(1) The Tribunal consists of the following members-- 23
(a) the chairperson who must be a barrister or solicitor; and 24
s 186 111 s 186
Fisheries
(b) 2 other members, at least 1 of whom must have wide knowledge 1
and experience of the fishing industry and other fisheries issues. 2
(2) The members are to be appointed by the Governor in Council. 3
(3) A person is not eligible to be appointed as a member of the Tribunal 4
if the person is a member of-- 5
(a) the Legislative Assembly, a House of Parliament of the 6
Commonwealth or another State, or the Legislature of a Territory; 7
or 8
(b) the Authority; or 9
(c) the Policy Council; or 10
(d) a selection committee under this Act. 11
(4) A member of the Tribunal must be appointed for a 3 year term. 12
(5) The office of a member of the Tribunal becomes vacant if the 13
member-- 14
(a) resigns by signed notice of resignation given to the Minister; or 15
(b) is absent from 3 consecutive sittings of the Tribunal without the 16
chairperson's or Minister's leave and without reasonable excuse; 17
or 18
(c) is convicted of an indictable offence; or 19
(d) becomes employed by, or a contractor of, a fisheries agency; or 20
(e) is removed from office by the Governor in Council under 21
subsection (6). 22
(6) The Governor in Council may remove a member of the Tribunal 23
from office if the member-- 24
(a) engages in misbehaviour; or 25
(b) becomes incapable of performing the duties of a member because 26
of physical or mental incapacity; or 27
(c) is incompetent; or 28
(d) becomes a person who, because of subsection (3), would not be 29
eligible to be appointed as a member of the Tribunal; or 30
s 187 112 s 190
Fisheries
(e) uses the office for party political purposes; or 1
(f) is convicted of an offence against this Act. 2
members 3
Acting
187. The Governor in Council may appoint a person to act as a member 4
of the Tribunal-- 5
(a) during a vacancy in the office of a member; or 6
(b) for a period, or all periods, when the member is absent or cannot, 7
for any reason, perform the duties of the office. 8
and allowances 9
Fees
188. The members of the Tribunal are entitled to be paid by the Tribunal 10
the fees and allowances decided by the Governor in Council. 11
expenses 12
Tribunal
189.(1) The Authority must pay all expenses (including fees and 13
allowances payable to the Tribunal members) properly incurred by the 14
Tribunal. 15
(2) However, the chief executive must reimburse the Authority for all 16
expenses properly incurred by the Authority in paying the Tribunal for 17
expenses incurred in relation to appeals against decisions of the chief 18
executive. 19
2--Proceedings of Tribunal 20
Division
and place of meetings 21
Time
190. Meetings of the Tribunal are to be held at the times and places the 22
chairperson decides. 23
s 191 113 s 192
Fisheries
of Tribunal 1
Decisions
191.(1) The Tribunal may be formed by the chairperson and 1 or 2 other 2
members to hear an appeal. 3
(2) If the Tribunal is formed by 3 members, the decision in which a 4
majority of the members agrees is the Tribunal's decision. 5
(3) If the Tribunal is formed by 2 members, the decision of the 6
chairperson is the Tribunal's decision if there is a disagreement. 7
and procedure 8
Evidence
192.(1) The Tribunal is not bound by the rules of evidence and may 9
inform itself in a way it considers appropriate, but must observe natural 10
justice. 11
(2) Subject to procedural rules prescribed under a regulation, the Tribunal 12
may decide its own procedures. 13
(3) A party to an appeal may appear personally or by an agent before the 14
Tribunal but may be represented by a barrister or solicitor only with leave of 15
the Tribunal or the chairperson. 16
(4) The Tribunal, formed by the chairperson alone, may conduct a 17
preliminary hearing of an appeal to decide interlocutory and other 18
preliminary matters. 19
(5) In a preliminary hearing, the Tribunal may-- 20
(a) make orders for the conduct of the appeal; or 21
(b) require parties to make discovery or allow inspection of 22
evidentiary material; or 23
(c) require parties to file pleadings; or 24
(d) give a party leave to be represented by a barrister or solicitor; or 25
(e) strike out the appeal on the ground that it is frivolous or 26
vexatious; or 27
(f) stay a decision of the fisheries agency. 28
s 193 114 s 194
Fisheries
osts 1
C
193.(1) Each party in an appeal bears the party's own costs of the appeal. 2
(2) If the Tribunal of its own initiative requires a person to appear before 3
the Tribunal, the person's witness fees are to be paid by the fisheries agency 4
whose decision has been appealed against. 5
(3) However, if the Tribunal strikes out an appeal because it is frivolous 6
or vexatious, the Tribunal may order the appellant to pay the fisheries 7
agency the amount the Tribunal considers to be the cost to the fisheries 8
agency of the Tribunal's expenses for the appeal. 9
(4) The amount may be recovered by the fisheries agency as a debt 10
payable to the fisheries agency by the appellant. 11
in relation to witnesses etc. 12
Powers
194.(1) The chairperson, or a person who has the chairperson's written 13
permission, may, by written notice given to a person, require the person to 14
appear before the Tribunal at a specified time and place to give evidence or 15
to produce specified documents. 16
(2) The chairperson, or a person permitted by the chairperson, may 17
administer an oath or affirmation to a person appearing as a witness before 18
the Tribunal. 19
(3) A person who is given a notice under subsection (1) must-- 20
(a) attend as required by the notice; and 21
(b) continue to attend as required by the chairperson until excused 22
from further attendance. 23
Maximum penalty--40 penalty units. 24
(4) A person appearing as a witness before the Tribunal must not-- 25
(a) fail to take an oath or make an affirmation when required by the 26
chairperson; or 27
(b) fail, without reasonable excuse, to answer a question the person is 28
required to answer by the chairperson; or 29
(c) fail, without reasonable excuse, to produce a document the person 30
is required to produce by a notice under subsection (1). 31
s 195 115 s 196
Fisheries
Maximum penalty--40 penalty units. 1
(5) It is a reasonable excuse for a person to fail to answer a question or to 2
produce a document if answering the question or producing the document 3
might tend to incriminate the person. 4
(6) A person required to appear as a witness before the Tribunal is 5
entitled to the witness fees prescribed under a regulation or, if no witness 6
fees are prescribed, the witness fees decided by the chairperson. 7
of law etc. to be decided by chairperson 8
Questions
195. The Tribunal, formed by the chairperson alone, must-- 9
(a) decide a question of law in a proceeding; and 10
(b) deal with a proceeding in which a consent order is to be made. 11
3--Jurisdiction of Tribunal 12
Division
to Tribunal 13
Appeals
196.(1) A person whose interests are adversely affected by an order, 14
direction, requirement or other decision of a fisheries agency, and who is 15
dissatisfied with the decision, may appeal against the decision to the 16
Tribunal but only on 1 or more of the following grounds-- 17
(a) the decision of the fisheries agency was contrary to this Act; 18
(b) the decision of the fisheries agency was manifestly unfair; 19
(c) the decision of the fisheries agency will cause severe personal 20
hardship to the appellant. 21
(2) However, the following decisions cannot be appealed against-- 22
(a) a decision of a fisheries agency about its policy; 23
(b) a decision of a fisheries agency about starting or continuing a 24
prosecution against a person for an offence against this Act; 25
(c) a decision of a fisheries agency about an officer or employee of 26
the fisheries agency in the person's capacity as an officer or 27
employee; 28
s 197 116 s 198
Fisheries
(d) a decision of a fisheries agency about delegating a power by the 1
fisheries agency; 2
(e) a decision of a fisheries agency about making a management plan 3
or declaration; 4
(f) a decision of the chief executive about appointing a person as an 5
inspector; 6
(g) a decision of the Authority giving effect to a notice or direction 7
given to it by the Minister. 8
(3) In this section, a reference to a decision includes a reference to a 9
failure to make a decision within a reasonable time. 10
to start an appeal 11
How
197.(1) An appeal is started by filing a written notice of appeal with the 12
Tribunal in the form approved by the Tribunal. 13
(2) The Tribunal must give a copy of the notice to the fisheries agency 14
whose decision is being appealed against. 15
(3) The notice of appeal must be filed within 28 days after the appellant 16
receives notice of the decision appealed against. 17
(4) The Tribunal may at any time extend the period for filing the notice of 18
appeal. 19
(5) The notice of appeal must state the grounds of the appeal. 20
of operation of decisions etc. 21
Stay
198.(1) The Tribunal may stay a decision appealed against to secure the 22
effectiveness of the appeal. 23
(2) A stay-- 24
(a) may be given on conditions the Tribunal considers appropriate; 25
and 26
(b) operates for the period specified by the Tribunal; and 27
(c) may be revoked or amended by the Tribunal. 28
(3) The period of a stay specified by the Tribunal must not extend past 29
s 199 117 s 200
Fisheries
the time when the Tribunal decides the appeal. 1
(4) The starting of an appeal against a decision affects the decision, or the 2
carrying out of the decision, only if the decision is stayed. 3
of Tribunal on appeal 4
Powers
199.(1) In deciding an appeal, the Tribunal may-- 5
(a) confirm the decision appealed against; or 6
(b) set the decision aside and substitute another decision; or 7
(c) set the decision aside and return the matter to the fisheries agency 8
with directions the Tribunal considers appropriate. 9
(2) In substituting another decision, the Tribunal has the same powers as 10
the fisheries agency. 11
12
Example--
13
The Tribunal may decide that an unsuccessful applicant for an authority be issued
14
the authority and state specified conditions in it.
(3) If the Tribunal substitutes another decision, the substituted decision is 15
taken, for the purposes of this Act, to be the decision of the fisheries 16
agency. 17
ART 10--OTHER PROVISIONS ABOUT THE 18
P
AUTHORITY 19
1--Membership of Authority 20
Division
21
Composition
200.(1) The Authority consists of the following members-- 22
(a) the chairperson; and 23
(b) 6 other persons who-- 24
(i) have a high level of expertise in, or knowledge of, fishing; or 25
s 201 118 s 201
Fisheries
(ii) have skills in public administration, fisheries sciences, 1
natural resource management, industrial affairs, commerce, 2
economic or financial management; or 3
(iii) have other skills, knowledge or expertise the Minister 4
considers to be relevant. 5
(2) The chairperson and other members are to be appointed by the 6
Governor in Council. 7
(3) The Governor in Council may appoint a person to act as a member 8
during a period, or all periods, when the member is absent or cannot, for 9
another reason, perform the duties of the member's office. 10
(4) A relevant nomination process for appointment to the Authority must 11
be followed before the Governor in Council-- 12
(a) appoints a person to fill a vacancy caused by the office of a 13
member becoming vacant before the member's term is finished; 14
or 15
(b) appoints a person to act as a member (other than the chairperson) 16
for a period, or all periods, when the member is absent or cannot, 17
for another reason, perform the duties of the member's office. 18
committee 19
Selection
201.(1) Before appointments of members of the Authority (other than 20
the chairperson) are made, the Minister must establish a selection 21
committee to nominate the members. 22
(2) The selection committee must consist of a chairperson and at least 5, 23
but not more than 8, other members appointed by the Minister. 24
(3) The chairperson must be a person who, in the Minister's opinion, is 25
suited to act as an independent chairperson of the selection committee. 26
(4) The members are to be appointed after consultation with the Policy 27
Council. 28
(5) Members may be members of the Policy Council. 29
(6) The chairperson of the selection committee is entitled to be paid by 30
the Authority the fees and allowances decided by the Governor in Council. 31
s 202 119 s 203
Fisheries
of members for appointment 1
Selection
202.(1) In making its selection of members (other than the chairperson), 2
the selection committee must ensure the nominees for appointment include 3
persons with knowledge of, or experience in, fishing. 4
(2) The Minister may give the committee written directions about the 5
procedures and criteria to be followed or applied in selecting nominees for 6
appointment, and when the nominations are to be made. 7
(3) A direction may not require the committee to nominate a particular 8
person for appointment as a member of the Authority. 9
(4) A person is not eligible to be nominated for appointment as a 10
member of the Authority (other than the chairperson) if the person is-- 11
(a) a member of the Policy Council; or 12
(b) a member of the selection committee; or 13
(c) a chairperson, deputy chairperson or chief executive officer 14
(regardless of the title by which the person is known) of a peak 15
representative organisation with a particular interest in fisheries. 16
17
Example--
18
Paragraph (c) precludes the State chairperson of Queensland Commercial
19
Fishermen's Organisation, but not the chairperson of a regional branch of the
20
organisation, from nomination.
(5) If the selection committee does not make a nomination or follow the 21
procedures or apply the selection criteria directed by the Minister, the 22
Minister may nominate a person for appointment. 23
(6) A nomination made by the Minister under subsection (5) is taken to 24
have been made by the selection committee. 25
of appointment 26
Duration
203.(1) A member of the Authority must be appointed for a term of not 27
longer than 3 years. 28
(2) The office of a member of the Authority becomes vacant if the 29
member-- 30
(a) resigns by signed notice of resignation given to the Minister; or 31
s 203 120 s 203
Fisheries
(b) is absent from 3 consecutive meetings of the Authority without 1
the Authority's leave and without reasonable excuse; or 2
(c) is convicted of an indictable offence; or 3
(d) becomes employed by, or a contractor of, the Authority; or 4
(e) is removed from office by the Governor in Council under 5
subsection (3) or (4). 6
(3) The Governor in Council may remove a member from office if the 7
member-- 8
(a) engages in misbehaviour; or 9
(b) becomes incapable of performing the duties of a member because 10
of physical or mental incapacity; or 11
(c) is incompetent; or 12
(d) becomes a person who, other than because of membership of a 13
selection committee, would not be eligible to be nominated for 14
appointment as a member of the Authority; or 15
(e) does anything else that, in the Governor in Council's opinion, is a 16
reasonable justification for removal from office; or 17
(f) is convicted of an offence against this Act. 18
(4) The Governor in Council may remove all or any members of the 19
Authority from office if the Authority-- 20
(a) does not comply with a public sector policy notified to it by the 21
Minister under this Act; or 22
(b) does not comply with a direction given to it by the Minister under 23
this Act; or 24
(c) does not comply with its obligations under the Financial 25
Administration and Audit Act 1977 for the preparation and 26
submission of reports and plans; or 27
(d) uses its funds or reputation for party political purposes. 28
s 204 121 s 206
Fisheries
and allowances 1
Fees
204. The members of the Authority may be paid by the Authority the 2
fees and allowances decided by the Governor in Council. 3
2--Proceedings of Authority 4
Division
and place of meetings 5
Time
205.(1) Meetings of the Authority are to be held at the times and places it 6
decides. 7
(2) However, the Authority must meet at least once every 3 months. 8
(3) The chairperson of the Authority-- 9
(a) may at any time call a meeting of the Authority; and 10
(b) must call a meeting if asked by at least 4 members. 11
governing conduct of proceedings 12
Procedures
206.(1) The chairperson of the Authority must preside at all meetings at 13
which the chairperson is present. 14
(2) If the chairperson is absent, the member chosen by the members 15
present must preside. 16
(3) At a meeting of the Authority-- 17
(a) 4 members form a quorum; and 18
(b) a question is decided by a majority of the votes of the members 19
present and voting; and 20
(c) each member present has a vote on each question to be decided 21
and, if the votes are equal, the member presiding has a casting 22
vote. 23
(4) The Authority may conduct its proceedings (including its meetings) 24
as it considers appropriate. 25
(5) The Authority may hold meetings, or allow members to take part in 26
meetings, by telephone, closed circuit television or another form of 27
communication. 28
s 207 122 s 207
Fisheries
(6) A member who takes part in a meeting of the Authority under 1
permission under subsection (5) is taken to be present at the meeting. 2
(7) A resolution is a valid resolution of the Authority, even though it was 3
not passed at a meeting of the Authority, if-- 4
(a) all members of the Authority give written agreement to the 5
proposed resolution; and 6
(b) notice of the proposed resolution was given under procedures 7
approved by the Authority. 8
of interests 9
Disclosure
207.(1) This section applies to a member of the Authority if-- 10
(a) the member has a direct or indirect financial interest in an issue 11
being considered, or about to be considered, by the Authority; and 12
(b) the interest could conflict with the proper performance of the 13
member's duties about the consideration of the issue. 14
(2) As soon as practicable after the relevant facts come to the member's 15
knowledge, the member must disclose the nature of the interest to a meeting 16
of the Authority. 17
(3) The disclosure must be recorded in the Authority's minutes and, 18
unless the Authority otherwise decides, the member must not-- 19
(a) be present when the Authority considers the issue; or 20
(b) take part in a decision of the Authority on the issue. 21
(4) The member must not be present when the Authority is considering 22
its decision under subsection (3). 23
(5) Another member who also has a direct or indirect financial interest in 24
the issue must not-- 25
(a) be present when the Authority is considering its decision under 26
subsection (3); or 27
(b) take part in making the decision. 28
s 208 123 s 210
Fisheries
inutes 1
M
208. The Authority must keep minutes of its proceedings. 2
Division 3--Employees 3
4
Employees
209.(1) The Authority may engage the employees it considers necessary 5
to perform its functions. 6
(2) The Authority may decide its employees' terms of employment. 7
(3) However, subsection (2) has effect subject to any relevant award, 8
industrial agreement, certified agreement or enterprise flexibility agreement. 9
4--Other matters about the Authority 10
Division
schemes 11
Superannuation
210.(1) The Authority may, with the Governor in Council's approval, 12
establish and maintain, or take part in, a scheme to provide superannuation 13
benefits for its employees and members and, for the purpose, establish and 14
maintain a fund and contribute to the scheme. 15
(2) The Authority may, with the Governor in Council's approval, amend 16
a scheme established by it. 17
(3) An approval under subsection (1) or (2) may be given on conditions. 18
(4) The conditions of an approval may, for example, allow the 19
Auditor-General to audit accounts and records of a scheme established and 20
maintained by the Authority. 21
(5) A person who, immediately before becoming an employee of the 22
Authority, was a contributor to the State Service Superannuation Fund, or a 23
member of the State Public Sector Superannuation Scheme, continues to be 24
a contributor to or member of the Fund or Scheme. 25
(6) If the Authority establishes, maintains or takes part in a scheme under 26
subsection (1) (the "Authority's scheme"), a person to whom 27
subsection (5) applies may, under arrangements prescribed under a 28
s 211 124 s 213
Fisheries
regulation, stop being a contributor to or member of the Fund or Scheme 1
and become a member of the Authority's scheme. 2
3
Seal
211. Judicial notice must be taken of the imprint of the Authority's seal 4
appearing on a document and the document must be presumed to have been 5
properly sealed unless the contrary is proved. 6
7
Committees
212.(1) The Authority may establish committees made up of persons it 8
considers to be appropriate. 9
10
Example--
11
The Authority may establish management advisory committees and zonal
12
advisory committees.
(2) The Authority may decide-- 13
(a) the functions or terms of reference of a committee; and 14
(b) the membership of a committee; and 15
(c) conditions on which a person is appointed a member of a 16
committee; and 17
(d) how a committee is to operate. 18
(3) If a committee makes a recommendation to the Authority, the 19
Authority must give proper consideration to the recommendation. 20
of certain Acts 21
Application
213. The Authority is-- 22
(a) a unit of public administration under the Criminal Justice Act 23
1989; and 24
(b) an agency under the Equal Opportunity in Public Employment 25
Act 1992; and 26
(c) a statutory body under the Financial Administration and Audit 27
Act 1977; and 28
s 214 125 s 216
Fisheries
(d) a public authority under the Libraries and Archives Act 1988; and 1
(e) a statutory body under the Statutory Bodies Financial 2
Arrangements Act 1982. 3
to give reports to Minister 4
Authority
214. The Authority must give the Minister the reports on the Authority's 5
operations that the Minister requires. 6
PART 11--MISCELLANEOUS 7
to commit offences 8
Attempts
215.(1) A person who attempts to commit an offence against this Act 9
commits an offence. 10
Maximum penalty--half the maximum penalty for committing the offence. 11
(2) Section 4 (Attempts to commit offences) of the Criminal Code 12
applies to subsection (1). 13
for acts or omissions of representatives 14
Responsibility
216.(1) In this section-- 15
"representative" means-- 16
(a) of a corporation--an executive officer, employee or agent of the 17
corporation; or 18
(b) of an individual--an employee or agent of the individual; 19
"state of mind" of a person includes-- 20
(a) the person's knowledge, intention, opinion, belief or purpose; and 21
(b) the person's reasons for the intention, opinion, belief or purpose. 22
(2) Subsections (3) and (4) apply in a proceeding for an offence against 23
this Act. 24
s 217 126 s 218
Fisheries
(3) If it is relevant to prove a person's state of mind about a particular act 1
or omission, it is enough to show-- 2
(a) the act or omission was done or omitted to be done by a 3
representative of the person within the scope of the 4
representative's actual or apparent authority; and 5
(b) the representative had the state of mind. 6
(4) An act or omission done or omitted to be done for a person by a 7
representative of the person within the scope of the representative's actual or 8
apparent authority is taken to have been done or omitted to be done also by 9
the person, unless the person proves the person took all reasonable steps to 10
prevent the act or omission. 11
from liability 12
Protection
217.(1) In this section-- 13
"official" means-- 14
(a) the chief executive; or 15
(b) an officer or employee of the department; or 16
(c) an employee of the Authority; or 17
(d) an inspector; or 18
(e) a person helping an inspector at the inspector's direction. 19
(2) An official does not incur civil liability for an act done, or omission 20
made, honestly and without negligence under this Act. 21
(3) If subsection (2) prevents a civil liability attaching to an official, the 22
liability attaches instead to the Authority or State, as the case requires. 23
of boundaries 24
Identification
218. If, under this Act, a place or area is prescribed under a regulation or 25
is specified in another way under this Act or in a document issued under 26
this Act, the boundaries of the place or area may be described-- 27
(a) by reference to posts, stakes, buoys, marks or natural features; or 28
(b) by reference to points or areas identified from satellite navigation 29
s 219 127 s 220
Fisheries
data, latitude or longitude or map grid references; or 1
(c) in another way that is reasonably adequate to identify the place or 2
area. 3
of authority responsible for ensuring Act complied with 4
Holder
219.(1) The holder of an authority must ensure that everyone acting 5
under the authority complies with this Act. 6
(2) If another person acting under the authority commits an offence 7
against a provision of this Act, the holder of the authority also commits an 8
offence, namely, the offence of failing to ensure the other person complied 9
with the provision. 10
Maximum penalty--the penalty prescribed for contravention of the 11
provision. 12
(3) Evidence that the other person has been convicted of an offence 13
against the provision while acting under the authority is evidence that the 14
holder of the authority committed the offence of failing to ensure the other 15
person complied with the provision. 16
(4) However, it is a defence for the holder of the authority to prove-- 17
(a) the holder issued appropriate instructions and used all reasonable 18
precautions to ensure compliance with this Act; and 19
(b) the offence was committed without the holder's knowledge; and 20
(c) the holder could not by the exercise of reasonable diligence have 21
stopped the commission of the offence. 22
of offence proceedings 23
Start
220. A proceeding for an offence against this Act may be started 24
within-- 25
(a) 1 year after the offence is committed; or 26
(b) 1 year after the offence comes to the complainant's knowledge, 27
but within 2 years after the offence is committed. 28
s 221 128 s 223
Fisheries
not to have interest in authority 1
Inspector
221.(1) An inspector must not hold or have an interest in an authority. 2
Maximum penalty--500 penalty units. 3
(2) This section does not apply to an authority prescribed under a 4
regulation or in circumstances prescribed under a regulation. 5
etc. to be paid to Authority 6
Penalties
222.(1) The following amounts must be paid to the Authority-- 7
(a) penalties imposed under this Act; 8
(b) costs and fees ordered to be paid to the Authority under this Act; 9
(c) net proceeds of sale of fisheries resources seized under this Act; 10
(d) the proceeds of sale of things forfeited under this Act; 11
(e) other amounts recoverable by or for the Authority under this Act. 12
(2) However, if-- 13
(a) a court imposes a penalty, or makes a forfeiture order, in a 14
proceeding under this Act; and 15
(b) the person prosecuting is not prosecuting as-- 16
(i) an officer or employee of the State; or 17
(ii) an employee of the Authority; or 18
(iii) an officer of the public service; 19
the court may order that not more than half of the amount recovered be paid 20
to the person prosecuting. 21
(3) The penalties, costs, fees, proceeds and other amounts paid to the 22
Authority under this section may be applied by the Authority for its general 23
use. 24
making power 25
Regulation
223.(1) The Governor in Council may make regulations under this Act. 26
(2) A regulation may-- 27
s 224 129 s 227
Fisheries
(a) impose fees; or 1
(b) create offences and prescribe penalties of not more than 2
100 penalty units for each offence; or 3
(c) prescribe circumstances in which an act or omission that is 4
otherwise an offence under this Act is not an offence. 5
PART 12--TRANSITIONAL PROVISIONS 6
1--Transitional references 7
Division
of Division 8
Application
224. This Division applies to references in Acts in existence at its 9
commencement. 10
Act 1976 references 11
Fisheries
225. A reference to the Fisheries Act 1976 is taken to be a reference to 12
this Act. 13
Industry Organisation and Marketing Act 1982 references 14
Fishing
226. A reference to the Fishing Industry Organisation and Marketing 15
Act 1982 is taken to be a reference to this Act. 16
references 17
Other
227. A reference to the Queensland Fish Management Authority 18
established under the Fishing Industry Organisation and Marketing Act 19
1982 is taken to be a reference to the Authority established under this Act. 20
s 228 130 s 229
Fisheries
Division 2--Other transitional provisions 1
for Division 2
Definitions
228.(1) In this Division-- 3
"changeover day" means-- 4
(a) the day that is 6 months after the commencement; or 5
(b) if an earlier day is fixed by regulation--the earlier day; 6
"commencement" means the commencement of this Part; 7
"former Act" means-- 8
(a) the former Authority Act; or 9
(b) the former Fisheries Act; 10
"former Authority" means the Queensland Fish Management Authority 11
established under the former Authority Act; 12
"former Authority Act" means the Fishing Industry Organisation and 13
Marketing Act 1982; 14
"former Fisheries Act" means the Fisheries Act 1976; 15
"former Tribunal" means the Fishing Industry Appeals Tribunal 16
established under the former Authority Act. 17
(2) This section and the heading to this Division expire 6 months after 18
the changeover day. 19
of former Authority etc. 20
Continuation
229.(1) Until the changeover day, the former Authority continues in 21
existence and may perform the functions and exercise the powers of the 22
Authority under this Act. 23
(2) The Authority may, before the changeover day, make declarations 24
under this Act to have effect on or after the changeover day. 25
(3) Until the changeover day, a reference in this Act to the Authority 26
includes a reference to the former Authority. 27
(4) Despite the repeal of the former Authority Act, until the changeover 28
s 230 131 s 231
Fisheries
day, the following sections of the former Authority Act continue to apply to 1
the former Authority-- 2
· section 10 (Members of Authority) 3
· section 12 (Tenure of office) 4
· section 13 (Disqualification from and vacation of office) 5
· section 14 (Casual vacancies) 6
· section 15 (Acting chairperson and deputies of other members) 7
· section 16 (Meetings) 8
· section 17 (Procedure at meetings) 9
· section 18 (Conduct of affairs) 10
· section 19 (Minutes) 11
· section 25 (Remuneration to members) 12
(5) On the changeover day, the former Authority is dissolved and its 13
members go out of office. 14
(6) This section expires on the changeover day. 15
of assets and pending legal proceedings 16
Vesting
230.(1) On the commencement, the assets, rights and liabilities of the 17
former Authority vest in the Authority. 18
(2) A legal proceeding by or against the former Authority that has not 19
been finished before the commencement may be continued and finished by 20
or against the Authority. 21
(3) This section expires on the changeover day. 22
staff 23
Existing
231.(1) A person who, immediately before the commencement, held an 24
office on the staff of the former Authority is, on the commencement, 25
transferred to a corresponding office in the Authority's employment. 26
(2) The person remains entitled to all existing and accruing rights of 27
s 232 132 s 235
Fisheries
employment. 1
(3) This section expires on the changeover day. 2
superannuation arrangements and schemes 3
Existing
232.(1) A superannuation arrangement or scheme to which the former 4
Authority was contributing at the commencement is taken to be a 5
superannuation scheme established and maintained, or in which it takes 6
part, with the Governor in Council's approval under this Act. 7
(2) This section expires on the changeover day. 8
licences etc. 9
Existing
233.(1) A licence, permit or other permission in force under a former 10
Act immediately before the commencement continues in force, subject to 11
this Act, as if it were an authority issued under this Act. 12
(2) A certificate in force under a former Act immediately before the 13
commencement continues in force, subject to this Act, as if it were an 14
authority issued under this Act. 15
(3) This section expires on the changeover day. 16
orders etc. 17
Existing
234.(1) An order, direction, requirement or decision of the chief 18
executive, the former Authority or an inspector under a former Act is, if its 19
effect is not exhausted at the commencement, subject to appeal under this 20
Act in the same way as if it were an order, direction, requirement or 21
decision of the chief executive, Authority or an inspector under this Act. 22
(2) This section expires on the changeover day. 23
regulations and orders in council 24
Existing
235.(1) The regulations and orders in council in force under a former Act 25
immediately before the commencement-- 26
(a) remain in force for the purposes of this Act, subject to 27
amendment or repeal by a regulation under this Act; and 28
s 236 133 s 238
Fisheries
(b) are to be read with the changes necessary to make them consistent 1
with this Act and adapt their operation to the provisions of this 2
Act. 3
(2) In particular, an order in council declaring a fish habitat reserve or 4
wetland reserve has effect as if it were a regulation under this Act declaring 5
a fish habitat area. 6
(3) Also, an order in council declaring a fish sanctuary has effect as if it 7
were a regulation declaring waters to be closed waters to the taking or 8
possessing of all fish. 9
(4) The regulations and orders in council expire 6 months after the 10
changeover day unless earlier repealed. 11
(5) This section expires 6 months after the changeover day. 12
of Commonwealth-State cooperative arrangements 13
Continuation
236.(1) An arrangement in force under Part 6A of the former Fisheries 14
Act has effect as if it had been entered into under Part 7 of this Act on the 15
commencement. 16
(2) This section expires on the changeover day. 17
18
Inspectors
237.(1) A person who, immediately before the commencement, was an 19
inspector under the former Act is taken to be an inspector appointed under 20
this Act. 21
(2) This section expires on the changeover day. 22
of Fish Board 23
Dissolution
238.(1) On the commencement-- 24
(a) the Fish Board established under the former Authority Act is 25
dissolved and its members go out of office; and 26
(b) the assets, rights and liabilities of the Fish Board become assets, 27
rights and liabilities of the State; and 28
s 239 134 s 242
Fisheries
(c) the property of the Fish Board is vested in the State. 1
(2) This section expires on the changeover day. 2
regulations 3
Transitional
239.(1) A regulation may make provision with respect to any matter for 4
which-- 5
(a) it is necessary or convenient to assist the transition from the 6
operation of a former Act to the operation of this Act; and 7
(b) this Act does not make provision or sufficient provision. 8
(2) A regulation under subsection (1) may be given retrospective 9
operation to a date not earlier than the commencement. 10
(3) This section expires on the changeover day. 11
of former Tribunal 12
Members
240.(1) A person who is, immediately before the commencement, a 13
member of the former Tribunal is taken to have been appointed a member 14
of the Tribunal under this Act on the commencement. 15
(2) On the changeover day, the person goes out of office as a member of 16
the Tribunal unless the person has been appointed under this Act as a 17
member of the Tribunal. 18
(3) This section expires on the changeover day. 19
appeals 20
Unfinished
241.(1) An appeal that has been made to the former Tribunal, and not 21
finished before the commencement, continues as if it were an appeal made 22
to the Tribunal under this Act. 23
(2) This section expires on the changeover day. 24
Research Fund 25
Fisheries
242.(1) On the commencement, the amount in the Fisheries Research 26
Fund established under the Fisheries Act 1976 becomes part of the 27
s 243 135 s 244
Fisheries
Fisheries Research Fund established under this Act. 1
(2) This section expires on the commencement. 2
PART 13--REPEALS AND AMENDMENTS 3
1 4
Repeals--Sch
243. The Acts mentioned in Schedule 1 are repealed. 5
2 6
Amendments--Sch
244. An Act mentioned in Schedule 2 is amended as specified in the 7
Schedule. 8
9
136
Fisheries
CHEDULE 1 1
¡S
CTS REPEALED 2
A
section 243 3
Fisheries Act 1976 No. 80 4
Fisheries Act Amendment Act 1981 No. 98 5
Fisheries Act Amendment Act 1982 No. 71 6
Fishing Industry Organisation and Marketing Act 1982 No. 28 7
Fishing Industry Organization and Marketing Act Amendment Act 1983 8
No. 16 9
Fishing Industry Organization and Marketing and Another Act Amendment 10
Act 1984 No. 29 11
Fishing Industry Organization and Marketing Act Amendment Act 1987 12
No. 47 13
Fishing Industry Organization and Marketing Act and Other Acts 14
Amendment Act 1989 No. 43 15
Business Licence Deregulation (Milksellers and Fish Buyers) Amendment 16
Act 1993 No. 27 17
18
137
Fisheries
CHEDULE 2 1
¡S
ACTS AMENDED 2
section 244 3
BORIGINAL LAND ACT 1991 4
´A
1. Section 2.20(2)(b) and (c)-- 5
omit, insert-- 6
`(b) Fisheries Act 1994.'. 7
CRIMINAL CODE 8
´
1. Sections 453 and 454-- 9
omit. 10
FORESTRY ACT 1959 11
´
1. Section 102(1)(d), (e) and (g)-- 12
omit. 13
138
Fisheries
ARINE PARKS ACT 1982 1
´M
1. Sections 5 to 8-- 2
omit. 3
2. Section 9, heading-- 4
omit, insert-- 5
`Definitions'. 6
3. Section 9(1), definitions "coastal waters of Queensland" and 7
"Queensland waters"-- 8
omit. 9
4. Section 9(1)-- 10
insert-- 11
` "marine park" means an area set apart and declared under this Act as a 12
marine park;'. 13
5. Section 9(1), definition "marine products", paragraph (d)-- 14
omit, insert-- 15
`(d) all other material of which tidal land in a marine park consists;'. 16
6. Section 9(2)-- 17
omit. 18
7. Section 11(1)(b)(ii)-- 19
omit, insert-- 20
`(ii) marine parks and their management and control; and'. 21
139
Fisheries
8. Section 11(1)(c), from `whether' to `1976'-- 1
omit. 2
9. Section 11(1)(d), from `whether' to `1976'-- 3
omit. 4
10. Section 15, `order in council'-- 5
omit, insert-- 6
`regulation'. 7
11. Section 16-- 8
omit, insert-- 9
`Declaration of marine parks 10
`16. The Governor in Council may, by regulation, set apart and declare 11
an area of tidal waters or tidal land to be a marine park.'. 12
12. Section 17(1), from `prepared' to `declared as'-- 13
omit, insert-- 14
`made by the chief executive for'. 15
13. Section 17(2)(c), `$5 000'-- 16
omit, insert-- 17
`100 penalty units'. 18
14. Section 17(2)(c), `$1 000'-- 19
omit, insert-- 20
`20 penalty units'. 21
140
Fisheries
15. Section 17(4)-- 1
omit, insert-- 2
`(4) A zoning plan is subordinate legislation and does not have effect 3
until it is approved by the Governor in Council.'. 4
16. Sections 18 and 19-- 5
omit. 6
17. Section 20(2)-- 7
omit. 8
18. Section 21(a) and (b), `order in council'-- 9
omit, insert-- 10
`regulation'. 11
19. Section 21(b)(ii)-- 12
omit, insert-- 13
`(ii) may amalgamate marine parks even though they are not 14
contiguous; or'. 15
20. Section 22-- 16
omit, insert-- 17
`Revocation of marine parks 18
`22.(1). The Governor in Council may, by regulation, revoke the setting 19
apart and declaration of a marine park in whole or part. 20
`(2) The regulation may be made only if the Legislative Assembly has, 21
on a motion of which at least 14 sitting days' notice has been given, passed 22
a resolution requesting the Governor in Council to make the revocation.'. 23
141
Fisheries
21. Section 23(1)(a), from `, whether' to `1976,'-- 1
omit. 2
22. Section 24(1), from `an area' to end-- 3
omit, insert-- 4
`a marine park.'. 5
23. Sections 25 and 25A-- 6
omit, insert-- 7
`Delegation 8
`25.(1) The Minister may delegate the Minister's powers under this Act 9
to any person. 10
`(2) The chief executive may delegate the chief executive's powers under 11
this Act to any person.'. 12
24. Section 26(3)(a), from `within an area' to `within such an area,'-- 13
omit, insert-- 14
`within a marine park or in relation to anything within a marine park--'. 15
25. Section 26(4)-- 16
omit, insert-- 17
`(4) An offence against this Act is a summary offence.'. 18
26. Section 26(5)-- 19
omit, insert-- 20
`(5) A proceeding for an offence under this Act may be started within-- 21
(a) 1 year after the offence is committed; or 22
(b) 1 year after the offence comes to the complainant's knowledge, 23
but within 2 years after the offence is committed.'. 24
142
Fisheries
27. Section 27-- 1
omit, insert-- 2
`Evidentiary provisions 3
`27.(1) This section applies to a proceeding for an offence against this 4
Act. 5
`(2) The appointment or power of an inspector must be presumed unless 6
a party, by reasonable notice, requires proof of-- 7
(a) the appointment; or 8
(b) the power to do anything under this Act. 9
`(3) A signature purporting to be the signature of the chief executive or 10
an inspector is evidence of the signature it purports to be. 11
`(4) A certificate purporting to be signed by the chief executive or an 12
inspector and stating any of the following matters is evidence of the 13
matters-- 14
(a) that a specified act or omission happened in a marine park; 15
(b) anything else prescribed by regulation.'. 16
28. Section 28-- 17
omit. 18
29. Section 29-- 19
omit, insert-- 20
`Protection from liability 21
29.(1). In this section-- 22
"official" means-- 23
(a) the chief executive; or 24
(b) an officer or employee of the department; or 25
(c) an inspector; or 26
(d) a person helping an inspector at the inspector's direction. 27
143
Fisheries
`(2) An official does not incur civil liability for an act done, or omission 1
made, honestly and without negligence under this Act. 2
`(3) If subsection (2) prevents a civil liability attaching to an official, the 3
liability attaches instead to the State.'. 4
30. Section 30(1), from `Subject' to `providing for'-- 5
omit, insert-- 6
`The Governor in Council may make regulations under this Act, 7
including, for example, regulations about the following'. 8
31. Section 30(1)(t), (2), (3), (4), (5A), (5B), (7) and (8)-- 9
omit. 10
32. Section 30(5) and (6)-- 11
renumber as 30(2) and (3). 12
33. After section 30-- 13
insert-- 14
`Marine parks declared under Fisheries Act 1976 15
`31.(1) A marine park that was, immediately before the commencement 16
of this section, a marine park set apart and declared under the Fisheries Act 17
1976 is taken to be a marine park set apart and declared under this Act. 18
`(2) This section expires on the day it commences.'. 19
34. Schedule 1-- 20
omit. 21
144
Fisheries
NATURE CONSERVATION ACT 1992 1
´
1. Schedule 2, amendments of Fisheries Act 1976 and Fishing 2
Industry Organisation and Marketing Act 1982-- 3
omit. 4
RIMARY PRODUCERS' COOPERATIVE 5
´P
ASSOCIATIONS ACT 1923 6
1. Section 3(1), definition "primary producer", paragraph (fa)-- 7
omit. 8
TORRES STRAIT FISHERIES ACT 1984 9
´
1. Section 2(2), 2nd sentence-- 10
omit. 11
2. Section 4(1)(b), `such a Proclamation,'-- 12
omit, insert-- 13
`the proclamation.'. 14
3. Section 4(1), `and the areas'-- 15
omit, insert-- 16
`(2) The areas'. 17
145
Fisheries
4. Section 4(2)-- 1
omit. 2
5. Section 5-- 3
omit, insert-- 4
`Fisheries Act 1994 does not apply 5
`5. The Fisheries Act 1994 does not apply to the taking (as defined in 6
that Act) of fish for purposes of a fishery within the Torres Strait area 7
managed in accordance with Commonwealth law under an arrangement 8
under Part 3.'. 9
6. Section 6(1), definitions "Director" and "Minister"-- 10
omit. 11
7. Section 6(1), definition "community fishing", paragraph (a)-- 12
omit, insert-- 13
`(a) a person who is, or 2 or more persons each of whom is-- 14
(i) both a traditional inhabitant and an Australian citizen; and 15
(ii) not, in the course of that fishing, under an obligation, 16
whether formal or informal, to act in accordance with the 17
directions, instructions or wishes of another person who is 18
not both an Australian citizen and a traditional inhabitant; or'. 19
8. Section 6(1), definition "inspector", from `appointed' to end-- 20
omit, insert-- 21
`under the Fisheries Act 1994;'. 22
9. Section 6(1), definition "Protected Zone", paragraphs (a) and (b)-- 23
omit, insert-- 24
`(a) for anything done for the purposes of commercial fishing--any 25
146
Fisheries
area that is-- 1
(i) adjacent to the first mentioned area; and 2
(ii) to the north of the line described in Annex 5 to the Torres 3
Strait Treaty; and 4
(iii) under the laws of Papua New Guinea, declared to be an area 5
that is outside but near the Protected Zone for the purposes 6
of commercial fishing; and 7
(b) for anything done for the purposes of traditional fishing--any 8
other area that is-- 9
(i) adjacent to the first mentioned area; and 10
(ii) to the north of the line described in Annex 5 to the Torres 11
Strait Treaty; and 12
(iii) under the laws of Papua New Guinea, declared to be an area 13
that is in the vicinity of the Protected Zone for the purposes 14
of traditional fishing;'. 15
10. Sections 8 and 17(5), from `this Act' to `19821984'-- 16
omit, insert-- 17
`this Act and the Fisheries Act 1994'. 18
11. Section 9-- 19
omit. 20
12. Section 10, heading-- 21
omit, insert-- 22
`Definitions'. 23
24
13. Section 10(1), definition "fishery"-- 25
omit, insert-- 26
` "fishery" has the meaning given by section 10A;'. 27
147
Fisheries
14. Section 10(2)-- 1
omit. 2
15. After section 10-- 3
insert-- 4
`Meaning of "fishery" 5
`10A. "Fishery" includes activities by way of fishing-- 6
(a) identified in an arrangement under this Part as a fishery to which 7
the arrangement applies; and 8
(b) specified by reference to all or any of the following-- 9
(i) a species or type of fish; 10
(ii) a description of fish by reference to sex or another 11
characteristic; 12
(iii) an area of waters or seabed; 13
(iv) a way of fishing; 14
(v) a type of boat; 15
(vi) a class of person; 16
(vii) the purpose of an activity.'. 17
16. Section 14-- 18
omit, insert-- 19
`Delegation 20
`14.(1) The Joint Authority may delegate its powers to-- 21
(a) the chief executive, the Queensland Fisheries Management 22
Authority established under the Fisheries Act 1994 (the 23
"Authority"), a local government or an entity prescribed under a 24
regulation (a "prescribed entity"); or 25
(b) an officer or employee of the public service; or 26
(c) an officer, employee or member of a local government or 27
148
Fisheries
prescribed entity; or 1
(d) an officer or employee of the Commonwealth. 2
`(2) A delegation of a power to the chief executive, the Authority, a local 3
government, a prescribed entity, or an officer or employee of the 4
Commonwealth, may permit the subdelegation of the power. 5
`(3) In this section-- 6
"entity" includes an entity established under the law of the 7
Commonwealth.'. 8
17. Section 17(3), (4) and (5), `granted,'-- 9
omit. 10
18. Section 18, from `19761984' to `19821984 do'-- 11
omit, insert-- 12
`1994 does'. 13
19. Section 20(1), from `a licence' to `19821984'-- 14
omit, insert-- 15
`an authority issued, amended, endorsed or renewed under the Fisheries 16
Act 1994'. 17
20. Section 20(2) and (4), from `19761984' to `19821984'-- 18
omit, insert-- 19
`1994'. 20
21. Section 20(2), `licences'-- 21
omit, insert-- 22
`authorities'. 23
149
Fisheries
22. Section 20(3), `A licence granted'-- 1
omit, insert-- 2
`An authority issued'. 3
23. Section 20(4), from `annotation' to `of the licence'-- 4
omit, insert-- 5
`endorsement on the authority concerned, designate an authority issued 6
under the Fisheries Act 1994 (including an authority issued by the Joint 7
Authority) to extend the operation of the authority'. 8
24. Section 20(4)(a), `licence'-- 9
omit, insert-- 10
`authority'. 11
25. Section 20(4)(b), `a licence granted'-- 12
omit, insert-- 13
`an authority issued'. 14
26. Section 20(5), from `a regulation' to end-- 15
omit, insert-- 16
`a regulation or other instrument made or issued under the Fisheries Act 17
1994, would, apart from this subsection, apply to the fishery, the regulation 18
or other instrument ceases to apply to the fishery.'. 19
27. Section 20(6), `grant'-- 20
omit, insert-- 21
`issue'. 22
150
Fisheries
28. Section 20(6), `licence'-- 1
omit, insert-- 2
`authority'. 3
29. Section 23, `Director'-- 4
omit, insert-- 5
`chief executive'. 6
30. Section 24-- 7
omit, insert-- 8
`Regulation making power 9
`24. The Governor in Council may make regulations under this Act, 10
including a regulation to implement the provisions of the Torres Strait 11
Treaty in the Torres Strait area.'. 12
TORRES STRAIT ISLANDER LAND ACT 1991 13
´
1. Section 2.18(2)(a) and (b)-- 14
omit, insert-- 15
`(a) Fisheries Act 1994;'. 16
2. Section 2.18(2)(c)-- 17
renumber as section 2.18(2)(b). 18
19
© State of Queensland 1994
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