Queensland Consolidated Acts

FISHERIES ACT 1994

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Objectives

   3.      Particular purposes of Act
   3A.     How particular purposes are to be primarily achieved

           Division 3--Interpretation
           Subdivision 1--Dictionary

   4.      Definitions
           Subdivision 2--Key definitions
   5.      Meaning of fish
   7.      Meaning of fishery
   8.      Meaning of marine plant
   9.      Meaning of quota

           Division 4--Operation of Act

   10.     Act binds all persons
   11.     General application of Act
   12.     When Act does not apply
   13.     Exemptions from Act
   14.     Defence for Aborigines and Torres Strait Islanders for particular offences

           Part 2--Ministerial advisory bodies

   15.     Minister may establish advisory bodies

           Part 3--Chief executive

   20.     Chief executive's functions
   20A.    Powers
   21.     Chief executive may delegate
   22.     Integrated development assessment system regulations and guidelines

           Part 5--Fisheries management

           Division 1--Management plans

   32.     Making management plans
   34.     Management plan must be approved by Governor in Council
   35.     What management plan must deal with
   36.     What management plan may deal with
   37.     Management plan may make declaration regulating particular matters
   38.     Management plan may provide for quota
   38A.    Management plan to protect things that are not fish
   39A.    Effect of repeal of management plan on authorities
   41.     Management plan may provide penalty for contravention
   42.     Regulation may make provision about management plan matters

           Division 1A--When compensation is payable because of a regulation or management plan
           Subdivision 1--Right to compensation in particular circumstances

   42A.    Right to compensation
   42B.    Limits to compensation payable
   42C.    No general right to compensation because of amendment
           Subdivision 2--Claiming and payment of compensation
   42D.    Application of sdiv 2
   42E.    Time limit on making claim
   42F.    Requirements for making claim
   42G.    Chief executive may require further information
   42H.    Deciding claim
   42I.    Chief executive may obtain other information
   42J.    Amount of compensation that may be decided
   42K.    Restriction on payment if someone other than the claimant has a registered interest in the eligible authority

           Division 2--Fisheries declarations by chief executive

   43.     Chief executive may make fisheries declarations
   44.     Declaration of quotas
   45.     Fisheries declaration is subordinate legislation
   45A.    Fisheries declaration to protect things that are not fish
   46.     Emergency fisheries declarations
   47.     Compensation not payable on making, amendment or repeal
   48.     Relationship between fisheries declaration under div 2 and other subordinate legislation

           Division 3--Authorities issued under Act
           Subdivision 1--General

   49.     Authorities that may be issued under Act
   52.     Things authorised by authorities
   53.     Form, content and term of authorities
           Subdivision 2--Issue and renewal
   54.     Application for authority
   55.     Consideration of application for issue of authority
   56.     Application for renewal of authority (other than permit)
   57.     Permit not renewable
   58.     Consideration of application for renewal of authority (other than permit)
   59.     Refusal to issue or renew
   60.     Notice of refusal of application for issue or renewal etc.
           Subdivision 2A--Additional requirements for deciding applications for resource allocation authorities
   60A.    Matters chief executive must consider
           Subdivision 3--Conditions
   61.     Conditions imposed on issue or renewal—general
   62.     Conditions imposed under regulations and management plans
           Subdivision 4--Amendment
   63.     Amendment of authority
   64.     Notice to return authority for alteration after amendment
           Subdivision 5--Transfer
   65.     Transfer of authority (other than permit)
   65A.    Application to register transfer of authority
   65B.    Registration of transfer of authority
   65BA.   Internet system for transfer registration applications
   65C.    Temporary transfers
   65D.    Effect of temporary transfer
   65E.    Waiver of fee or requirement on transfer or amendment
   66.     Permits not transferable
           Subdivision 6--Suspension and cancellation
   67.     Suspension or cancellation of authority by chief executive
   68.     Procedure for cancellation or suspension by chief executive
   68A.    Suspension or cancellation of authority for dishonoured payment
   68AB.   Suspension or cancellation for non-payment of fee other than because of dishonoured cheque
   68B.    Suspension or cancellation of authority by court
   69.     Effect of suspension on renewal
   69A.    Effect of suspension on issue or transfer of another authority
   69B.    Further fees continue to be payable for suspended authority
   70.     Authority to be returned
           Subdivision 6A--Death of authority holder
   70A.    Application of sdiv 6A
   70B.    General effect of death
   70C.    Continuance of particular authorities
   70D.    Provisions for changeover to personal representative
           Subdivision 7--Replacement and surrender
   71.     Replacement of authorities
   72.     Surrender of authorities
           Subdivision 8--Registers and certificates
   73.     Registers of authorities and fisheries development approvals
   74.     Certificates about authorities
           Subdivision 9--Offences about authorities and registers
   75.     False representations about authorities
   76.     Offences about registers

           Division 3A--Fisheries development approvals

           Subdivision 1--Particular fisheries development also requires a resource allocation authority

   76A.    Application of sdiv 1
   76B.    Requirement for resource allocation authority
   76C.    Nature of fisheries development approval for which resource allocation authority required
           Subdivision 2--Assessment of development applications for fisheries development approval generally
   76D.    Matters chief executive must consider for Planning Act
   76DA.   Applications in relation to aquaculture and waterway barrier works in wild river areas
   76DB.   Applications in relation to marine plants in wild river areas
   76DC.   Applications in relation to works in declared fish habitat areas in wild river areas
           Subdivision 3--Assessment of development applications for construction or raising of waterway barrier works
   76E.    Application for fish movement exemption notice
   76F.    Deciding application for fish movement exemption notice
   76G.    When chief executive may approve applications relating to waterway barrier works
           Subdivision 4--Conditions on fisheries development approvals generally
   76H.    Relationship between sdiv 4 and Planning Act
   76I.    Conditions on fisheries development approvals generally
   76J.    Conditions on fisheries development approvals relating to aquaculture
   76K.    Conditions on fisheries development approvals for constructing or raising waterway barrier works
   76L.    Conditions on fisheries development approvals for works in a declared fish habitat area or removal etc. of marine plants
           Subdivision 5--Amending conditions on fisheries development approvals
   76M.    Definition for sdiv 5
   76N.    When chief executive may amend conditions of fisheries development approval
   76O.    Procedure for amendment
   76P.    No compensation for amendment
   76Q.    Appeal to Planning and Environment Court about amendment
   76R.    Court process for appeals
           Subdivision 6--Provisions about development offences
   76S.    Purpose of sdiv 6
   76T.    Penalties for carrying out assessable development without permit
   76U.    Penalties for non-compliance with particular development approvals
   76V.    Additional requirement for development carried out in emergency

           Division 4--Fisheries offences

   77.     Contravention of particular fisheries declarations
   77A.    Exemptions for contravention of regulated fishing apparatus declaration
   78.     Prohibited acts about regulated fish
   79.     Quota offences
   79A.    Contravening a condition of an authority
   81.     Use of explosives etc. prohibited
   82.     Offence to do prescribed act
   83.     Additional penalty based on value of fish taken in trade or commerce
   87.     Interference etc. with aquaculture activity or fishing apparatus
   88.     Holder of authority to have it available for immediate inspection etc.
   88A.    Possessing fish taken in contravention of other fisheries legislation
   88B.    Carrying out particular development without resource allocation authority

           Division 5--Noxious and nonindigenous fisheries resources and aquaculture fish

   89.     Noxious fisheries resources not to be possessed, released etc.
   90.     Nonindigenous fisheries resources not to be possessed, released etc.
   91.     Aquaculture fisheries resources not to be released
   92.     Duty of person who takes or possesses noxious or nonindigenous fisheries resources
   93.     Recovery of costs of removing noxious fisheries resources etc.

           Division 6--Diseased fisheries resources

   94.     Chief executive may declare diseases
   95.     Chief executive may declare quarantine area
   96.     Emergency disease or quarantine declarations
   97.     Regulation may make provision about disease or quarantine declaration matters etc.
   98.     Offence to contravene quarantine or emergency quarantine declaration
   99.     Holder of authority to help in declared quarantine area
   100.    Notice to be given about diseased fisheries resources or habitat
   101.    Chief executive or inspector may take action required by quarantine declaration
   102.    Revocation of quarantine declaration
   103.    Compensation
   104.    Offence to communicate disease to live fisheries resources or fish habitat
   105.    Offence to sell diseased fisheries resources and products
   106.    Offence to leave diseased fisheries resources and products in a place
   107.    Offence to bring diseased fisheries resources and products into Queensland

           Division 7--Orders for destruction

   108.    Order for taking and removing, or destroying, noxious, nonindigenous or diseased fisheries resources or aquaculture fish
   109.    Order to stop or delay escape of noxious, nonindigenous or diseased fisheries resources or aquaculture fish
   110.    Recovery of costs of complying with order

           Division 9--Fisheries Research Fund

   117.    Fisheries Research Fund

           Division 10--General

   118.    Information requirements
   119.    Codes of practice

           Part 6--Protection and conservation of fish habitats

   120.    Declaration of fish habitat areas
   122.    Protection of fisheries resources in declared fish habitat area
   123.    Protection of marine plants
   124.    Chief executive may rehabilitate or restore land etc.
   125.    Notice to restore fish habitat etc.

           Part 7--Commonwealth-State management of fisheries

   126.    Functions and powers of Minister
   127.    Minister to table reports of Joint Authorities
   128.    Judicial notice
   129.    Functions of Joint Authorities
   130.    Delegation
   131.    Proceedings of Joint Authorities
   132.    Making of Joint Authority and other Commonwealth-State arrangements
   132A.   Variation of Commonwealth-State arrangements
   133.    Ending of Commonwealth-State arrangements
   134.    Application of Queensland law to fisheries
   135.    Additional functions of Joint Authority for fishery under Queensland law
   136.    Exercise of powers for Joint Authority fishery under Queensland law
   137.    Application of provisions about offences
   138.    Presumption about certain statements in arrangements
   139.    Instruments for Commonwealth-State fisheries under Queensland law

           Part 8--Enforcement

           Division 1--Inspectors

   140.    Appointment
   140A.   Functions of inspectors
   141.    Limitation of inspector's powers
   142.    Inspector's conditions of appointment
   143.    Inspector's identity card
   144.    Production or display of inspector's identity card

           Division 2--Powers of inspectors for places, boats and vehicles

   145.    Entry to places
   146.    Boarding of boats and entry of vehicles
   147.    Boarding of boat, or entry of vehicle, that is moving or about to move
   148.    Warrants
   148A.   Monitoring warrants for abalone
   149.    Warrants—applications made other than in person
   150.    Inspector's general powers for places, boats and vehicles
   151.    Power to seize evidence from places etc.
   152.    Power to seize evidence after boarding a boat or entering a vehicle
   153.    Additional power to seize fisheries resources etc.
   154.    Seizure of fisheries resources in heap etc.
   155.    Power to seize explosives etc.
   156.    Powers in support of seizure

           Division 3--Procedures after seizure
           Subdivision 1--General

   157.    Receipt to be given
   158.    Inspector to allow inspection etc.
   159.    Inspector may dispose of fisheries resources taken unlawfully
   160.    When seized fisheries resources become property of State
   160A.   Chief executive's power to sell particular live seized fish
   161.    Chief executive may return seized things etc.
   162.    Obligation to return seized things (other than fisheries resources)
   163.    Obligation to pay net proceeds of sale of fisheries resources
   164.    Chief executive may order forfeiture of particular things
           Subdivision 2--Appeal against seizure of fisheries resources
   165.    Where and how to start appeal
   166.    Hearing procedures
   167.    Powers of Magistrates Court on appeal
   168.    Court may give directions about disposal of seized fisheries resources
   169.    Appeal to District Court on questions of law only

           Division 4--Other enforcement powers of inspectors

   170.    Power to stop persons
   171.    Power to require name and address
   172.    Power to require information from certain persons
   173.    Power to require production of documents

           Division 5--Other enforcement matters

   174.    Restraining orders against persistent offenders
   175.    False or misleading information
   176.    False, misleading or incomplete documents
   177.    Forfeiture on conviction
   178.    Dealing with forfeited things
   179.    Compensation
   180.    Inspector to give notice of damage
   181.    Consent to entry
   182.    Obstruction etc. of inspector
   183.    Impersonation of inspector

           Division 6--Evidence

   184.    Evidentiary provisions

           Part 9--Administrative appeals

           Division 1--Fisheries Tribunal

   185.    Establishment
   186.    Composition
   187.    Acting members
   188.    Fees and allowances

           Division 2--Proceedings of tribunal

   190.    Places of sitting
   191.    Decisions of tribunal
   192.    Evidence and procedure
   193.    Costs
   194.    Powers in relation to witnesses etc.
   195.    Questions of law etc. to be decided by chairperson

           Division 3--Jurisdiction of tribunal

   196.    Appeals to tribunal
   197.    How to start an appeal
   198.    Stay of operation of decisions etc.
   199.    Powers of tribunal on appeal

           Part 11--Miscellaneous

   215.    Attempts to commit offences
   216.    Responsibility for acts or omissions of representatives
   217.    Protection from liability
   217A.   Authority to disclose personal information
   218.    Identification of boundaries
   219.    Holder of authority responsible for ensuring Act complied with
   219A.   Executive officers must ensure corporation complies with Act
   220.    Start of offence proceedings
   221.    Inspector not to have interest in authority
   221A.   Approved forms
   223.    Regulation-making power

           Part 12--Transitional provisions

           Division 1--Transitional references

   224.    Application of division
   225.    Fisheries Act 1976 references
   226.    Fishing Industry Organisation and Marketing Act 1982 references

           Division 2--Savings and transitional provisions for Primary Industries and Natural Resources Legislation Amendment Act 2000

   227.    Definitions for div 2
   228.    Dissolution of Authority
   229.    Vesting of assets, rights and liabilities
   230.    Decisions, documents etc. of Authority
   231.    Legal proceedings
   232.    References to Authority
   233.    Duty to register transfer of property
   234.    Employees of the Authority
   235.    Contract employees
   236.    Accrued entitlements
   237.    Industrial instruments

           Division 3--Transitional provision for Fisheries Amendment Act 2001

   239.    Validation of renewals of expired former authorities

           Division 4--Transitional provisions for Primary Industries and Other Legislation Amendment Act 2003
           Subdivision 1--Definitions

   240.    Definitions for div 4
           Subdivision 2--Continuing effect of particular authorities or approvals
   241.    Continuing effect of existing licences or permits
   242.    Continuing effect of existing approvals for waterway barrier works
   243.    Continuing effect of existing aquaculture licences for wild oyster harvesting
           Subdivision 3--Effect of commencement on particular applications in progress
   244.    Applications in progress for particular relevant authorities
   245.    Applications in progress for aquaculture licences for wild oyster harvesting
           Subdivision 4--Effect of commencement on particular appeals
   246.    Definitions for sdiv 4
   247.    Application of sdiv 4
   248.    Appeal to be decided under provisions before commencement
   249.    Effect of tribunal decision to issue relevant authority
   250.    Effect of tribunal decision to refer matter back to chief executive—development authority
   251.    Effect of tribunal decision to refer matter back to chief executive—particular aquaculture licences
   252.    Effect of tribunal decision to not issue relevant authority
           Subdivision 5--Effect of commencement on prescribed criteria
   253.    Continuing effect of criteria prescribed for s 67

           Division 5--Transitional provisions for Fisheries Amendment Act 2006

   254.    Existing contracts to provide services relating to sharks
   255.    Existing general fisheries permits relating to sharks
   256.    Activities carried out under existing contracts relating to sharks
           SCHEDULE DICTIONARY
           Endnotes