FISHERIES ACT 1994 - As at 1 February 2024 - Act 37 of 1994
- As at 1 February 2024
- Act 37 of 1994
Table of Provisions
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
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 - FUNCTIONS OF MINISTER
Division 1 - Harvest strategies
Subdivision 1 - Preliminary
15 Definitions for division
Subdivision 2 - Harvest strategy
16 Approval of harvest strategy
17 Preparation and notice of draft harvest strategy
18 Preparation and submission of final harvest strategy
19 Content of harvest strategy
Subdivision 3 - Amendment of harvest strategy
20 Amendment of harvest strategy
20A. (Repealed)
21 Preparation and notice of draft amendment
22 Preparation and submission of final amendment
Subdivision 4 - Implementation of harvest strategy
23 Action under Act must be consistent with harvest strategy
24 Ministerial direction about action inconsistent with harvest strategy
Subdivision 5 - Reviews relating to harvest strategy
25 Assessment of performance of fishery
26 Review of harvest strategy
Division 2 - Resource reallocation
27 Reallocation decision
28 Chief executive to implement reallocation decision
Division 3 - Ministerial advisory bodies
29 Minister may establish advisory bodies
PART 3 - SHARK CONTROL PROGRAM
30 Management of shark control program
31 Exclusion zone
PART 4 - ACCEPTED DEVELOPMENT REQUIREMENTS
32 Accepted development requirements for Planning Act
PART 5 - FISHERIES MANAGEMENT
Division 1 - Chief executive declarations
Subdivision 1 - Fisheries declarations
33 Power to make declarations
34 Regulated fish declaration
35 Regulated waters declaration
36 Other fisheries declarations
Subdivision 2 - Quota declarations
37 Quota declaration
Subdivision 3 - Other declarations
38 Urgent declaration
38A. (Repealed)
39 Authorising declaration
39A. (Repealed)
40 Making urgent declaration or authorising declaration
41 Duration of urgent declaration or authorising declaration
Subdivision 4 - Relationships between regulations and declarations
42 Relationships between regulations and declarations
Division 1A - (Repealed)
Division 2 - Compensation for particular regulatory amendment
Subdivision 1 - Right to compensation in particular circumstances
43 Right to compensation
44 Limits to compensation payable
45 No general right to compensation
45A. (Repealed)
Subdivision 2 - Claiming and payment of compensation
46 Application of subdivision
47 Requirements for making claim
48 Chief executive may require claimant to give further information
48A Deciding claim
48B Chief executive may obtain information or evidence from other persons
48C Amount of compensation that may be decided
48D Restriction on payment if someone other than the claimant has a registered interest in the eligible authority
Division 3 - Authorities issued under Act
Subdivision 1 - General
49 Authorities that may be issued
50. (Repealed)
51. (Repealed)
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 by regulation
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 5A - (Repealed)
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
68AC Suspension of quota entitlement for investigation
68B Suspension or cancellation of authority by court
68C Effect of suspension on entitlement
69 Effect of suspension on renewal
69A Effect of suspension on issue or transfer of another authority
69B Further fees continue to be payable despite suspension
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. (Repealed)
76C Nature of fisheries development approval for which resource allocation authority required
Subdivision 2 - (Repealed)
Subdivision 3 - Fish movement exemption notices
76E Application for fish movement exemption notice
76F Deciding application for fish movement exemption notice
76G. (Repealed)
Subdivision 4 - Environmental offset conditions on fisheries development approvals
76H Relationship between sdiv 4 and Planning Act
76I. (Repealed)
76IA Environmental offset conditions
76J. (Repealed)
76K. (Repealed)
76L. (Repealed)
Subdivision 5 - (Repealed)
Subdivision 6 - Provisions about development offences
76S Purpose of sdiv 6
76T Penalties for carrying out assessable development without permit
76U Penalties for noncompliance with particular development approvals
76V Additional requirement for development carried out in emergency
Division 4 - Fisheries offences
Subdivision 1 - Fisheries management generally
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
80 Vessel tracking
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
84. (Repealed)
85. (Repealed)
86. (Repealed)
86A. (Repealed)
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
Subdivision 2 - Trafficking in priority fish
89 Definitions for subdivision
89A Meaning of priority fish
89B When a person engages in a trafficking activity for priority fish
89C Offence to engage in trafficking activity for priority fish
Division 5 - Non-indigenous fisheries resources and aquaculture fish
90 Non-indigenous fisheries resources not to be released
91 Aquaculture fisheries resources not to be released
92 Duty of person who unlawfully takes or possesses non-indigenous plants
93 Recovery of costs of removing particular fisheries resources
94. (Repealed)
95. (Repealed)
96. (Repealed)
97. (Repealed)
98. (Repealed)
99. (Repealed)
100. (Repealed)
101. (Repealed)
102. (Repealed)
103. (Repealed)
104. (Repealed)
105. (Repealed)
106. (Repealed)
107. (Repealed)
Division 7 - Orders for destruction
108 Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish
109 Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish
110 Recovery of costs of complying with order
Division 8 - (Repealed)
Division 10 - General
118 Information requirements
119. (Repealed)
PART 6 - PROTECTION AND CONSERVATION OF FISH HABITATS
120 Declaration of fish habitat areas
121. (Repealed)
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.
125A Codes of practice
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 1A - Preliminary
139A Reference to document includes reference to reproductions from electronic document
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
145A Entry of premises used for trade or commerce
146 Boarding of boats and entry of vehicles generally
146A Exercise of power to board boat or enter vehicle
147 Boarding of boat, or entry of vehicle, that is moving or about to move
148 Warrants
148A Monitoring warrants for abalone or commercial fish
148B Monitoring warrants for marine plants or fish habitat
149 Electronic application
149A Additional procedure if electronic application
149B Defect in relation to a warrant
150 Inspector’s general powers for places, boats and vehicles
150A No tampering with marked or sealed container or thing
150B Requirement to comply with help requirement
150C Requirement to take required action
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
173A Power relating to fishing apparatus in water
173B Additional power of police officer for executing warrant
Division 4A - Obtaining criminal history reports
Division 5 - Other enforcement matters
174 Orders against persistent offenders
174A Recovery of particular costs of investigation
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
181A Use of body-worn cameras
182 Obstruction etc. of inspector
183 Impersonation of inspector
Division 6 - Evidence
184 Evidentiary provisions
PART 9 - INTERSTATE AGREEMENTS
185 Power to enter into agreements
186 Reciprocal powers
PART 10 - REVIEW OF DECISIONS
Division 1 - Preliminary
Division 2 - Internal review
188 Review process must start with internal review
189 Who may apply for internal review
190 Requirements for application
191 Internal review
Division 3 - External review
192 Applying for external review
193. (Repealed)
194. (Repealed)
195. (Repealed)
196. (Repealed)
197. (Repealed)
198. (Repealed)
199. (Repealed)
200. (Repealed)
201. (Repealed)
202. (Repealed)
203. (Repealed)
204. (Repealed)
205. (Repealed)
206. (Repealed)
207. (Repealed)
208. (Repealed)
209. (Repealed)
210. (Repealed)
211. (Repealed)
212. (Repealed)
213. (Repealed)
214. (Repealed)
PART 11 - MISCELLANEOUS
215 Attempts to commit offences
216 Responsibility for acts or omissions of representatives
216A Immunity from prosecution
217 Protection from liability
217A Exchange of information with prescribed government entity
217B Confidentiality of information
218 Identification of boundaries
219 Holder of authority responsible for ensuring Act complied with
219A. (Repealed)
220 Summary offences and indictable offences
220A Proceedings for summary offences
220B Proceedings for indictable offences
221 Inspector not to have interest in authority
221A Approved forms
222 Delegations
222A Electronic notices for authority holders
223 Regulation-making power
PART 11A - (Repealed)
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
238. (Repealed)
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 - (Repealed)
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
Division 6 - Transitional provisions for Sustainable Planning Act 2009
257 Continuing application of pt 5, div 3A, sdivs 1 to 4
Division 7 - Transitional provision for Trade Measurement Legislation Repeal Act 2009
258 Amendment of fisheries management plan by Trade Measurement Legislation Repeal Act 2009 does not affect powers of chief executive or Governor in Council
259 Continued effect to make payment
260. (Repealed)
Division 9 - Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014
261 Existing development applications
262 Definitions for division
263 Existing particular development applications for fisheries development
264 Existing appeals—amendment of fisheries development approval conditions
265 Existing right to appeal—amendment of fisheries development approval conditions
Subdivision 1 - Preliminary
http://www.austlii.edu.au/au/legis/qld/consol_act/fa1994110/