FISHERIES ACT 1994 - SECT 11 General application of Act

FISHERIES ACT 1994 - SECT 11

11 General application of Act

(1) This Act applies to persons, things, acts and omissions on or in—

(a) land within the limits of the State; and

(b) Queensland waters.

(2) However, this Act does not apply to—

(a) activities to which a Commonwealth law cooperative fishery applies; or

(b) the taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth) , for the purposes of a Commonwealth law Torres Strait cooperative fishery; or

(c) the landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10 (2) (c) of the Commonwealth Fisheries Act ; or

(d) exclusive Commonwealth matters for a State law cooperative fishery; or

(e) the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004 .

(3) This Act also applies to—

(a) recreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and

(b) activities in the Australian fishing zone to which a State law cooperative fishery applies.

(4) Subsection (3) (a) does not apply to recreational fishing regulated by a Commonwealth plan of management.

(5) Subsection (3) (b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery.

(6) In this section—


"adjacent area" for Queensland has the meaning given by the Petroleum (Submerged Lands) Act 1967 (Cwlth) .


"Australian fishing zone" has the meaning given by the Commonwealth Fisheries Act .


"Commonwealth fishing concession" means a fishing concession within the meaning of the Commonwealth Fisheries Act .


"Commonwealth law cooperative fishery" means a Commonwealth–State fishery managed under Commonwealth law.


"Commonwealth law Torres Strait cooperative fishery" means a fishery managed under Commonwealth law under an arrangement under the Torres Strait Fisheries Act 1984 , part 3 .


"Commonwealth plan of management" means a plan of management within the meaning of the Commonwealth Fisheries Act .


"exclusive Commonwealth matter" , for a State law cooperative fishery, means any of the following matters—

(a) foreign boats;

(b) operations on and from foreign boats;

(c) persons on foreign boats;

(d) for activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters.

"recreational fishing" has the same meaning as in the Commonwealth Fisheries Act .


"State law cooperative fishery" means a Commonwealth–State fishery managed in accordance with State law.