FISHERIES ACT 1994 - SCHEDULE 1

FISHERIES ACT 1994 - SCHEDULE 1

SCHEDULE 1 – Dictionary

"abalone" means a mollusc of the genus Haliotis.


"accepted development requirements" see section 32 .


"affected person" , for part 10 , see section 187 .


"amend" ...


"amending Act" , for part 12 , division 4 , see section 240 .


"applicable code" ...


"approved form" means a form approved by the chief executive under section 221A .


"approved harvest strategy" means a harvest strategy approved by the Minister under section 16 .


"approved harvest strategy policy" , for part 2 , division 1 , see section 15 .


"approved vessel tracking equipment" , for a boat, means vessel tracking equipment—

(a) of a kind approved by the chief executive and published on the department’s website; and

(b) whose serial number or other identifying details have been given to, and recorded by, the chief executive for the boat.

(a) worn on clothing or otherwise secured on a person; and

(b) designed to be used to—

(i) record images; or

(ii) record images and sounds.

(a) buy by wholesale, retail or auction; and

(b) accept, acquire or receive in trade or commerce or under an arrangement; and

(c) agree, attempt or offer to buy; and

(d) cause or permit to be bought.

Note—

Part 7 deals with Commonwealth–State fisheries management arrangements.

Note—

Section 120 deals with declaration of fish habitat areas.

(a) this Act or a former Act; and

(b) the Commonwealth Fisheries Act or the Fisheries Act 1952 (Cwlth) ; and

(c) the Marine Parks Act 2004 and the Great Barrier Reef Marine Park Act 1975 (Cwlth) ; and

(d) another law of the State, the Commonwealth or another State, or a former law of the Commonwealth (other than an Act mentioned in paragraph (b) or (c) )—

(i) about fishing, fisheries resources or fish habitats; or

(ii) prescribed by regulation.

(a) fisheries legislation; or

(b) the Planning Act , if the offence relates to fisheries development.

(a) searching for, or taking, fish; and

(b) attempting to search for, or take, fish; and

(c) engaging in other activities that can reasonably be expected to result in the locating, or taking, of fish; and

(d) landing fish (from a boat or in another way), bringing fish ashore or transhipping fish.

(a) a hook, line or rod used, or capable of being used, to take fish; and

(b) a crab pot, crayfish pot, net, pitch fork, spear gun or trap used, or capable of being used, to take fish.

(a) commercial fishing; or

(b) charter fishing; or

(c) recreational fishing; or

(d) indigenous fishing.

(a) in relation to a particular area—

(i) spawned, born or grown, other than by aquaculture, in the area; and

(ii) belonging to a species of fisheries resources native to the area; or

(b) without reference to a particular area—

(i) spawned, born or grown, other than by aquaculture, in Queensland; and

(ii) belonging to a species of fisheries resources native to Queensland.

(a) the decision;

(b) the reasons for the decision;

Note—

See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.

(c) that the person to whom the notice is given may ask for a review of the decision under this Act;

(d) how, and the period within which, the review may be started.

Note—

Part 7 deals with Commonwealth–State fisheries management arrangements.

(a) expenses incurred in—

(i) seizing the fisheries resources; and

(ii) transporting the fisheries resources from the place of seizure to the place of sale; and

(iii) performing any necessary treatment of the fisheries resources; and

(iv) storing the fisheries resources until delivery for sale; and

(v) selling the fisheries resources; and

(b) any other expenses prescribed by regulation.

(a) in relation to a particular area—do not fall in the category mentioned in this schedule, definition
"indigenous fisheries resources" , paragraph (a) ; or

(b) without reference to a particular area—do not fall in the category mentioned in this schedule, definition
"indigenous fisheries resources" , paragraph (b) .

(a) is harmful, or produces conditions that are harmful, to fisheries resources or fish habitats; or

(b) is prescribed by regulation or declared by a declaration to be a noxious substance.

(a) if the chief executive is aware of the actual owner of the thing immediately before the seizure—the actual owner; or

(b) otherwise—a person who would be entitled to possession of the thing had it not been seized.

(a) for a boat—the person who has, or reasonably appears to have, command or charge of the boat; and

(b) for a vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver.

(a) have custody or control of the thing; and

(b) have an ability or right to obtain custody or control of the thing.

(a) a building, wharf or other structure; and

(b) a part of a building, wharf or other structure; and

(c) land or waters where a building, wharf or other structure is situated.

(a) sell by wholesale, retail or auction; and

(b) supply in trade or commerce or under an arrangement; and

(c) agree, attempt or offer to sell; and

(d) keep or expose for sale; and

(e) cause or permit to be sold.

(a) an offence against any of the following provisions—

(i) section 77 (1) or (2) ;

(ii) section 78 ;

(iii) section 79 ;

(iv) section 79A ;

(v) section 80 ;

(vi) section 81 (1) ;

(vii) section 82 ;

(viii) section 89C ;

(ix) section 90 (1) ;

(x) section 118 (4) ;

(xi) section 176 (1) ;

(xii) section 182 (1) ; or

(b) an offence against section 219 (2) committed by a person acting under an authority in relation to a provision mentioned in paragraph (a) ; or

(c) another fisheries offence prescribed by regulation to be a serious fisheries offence.

(a) catch, gather, kill or obtain from water or land; and

(b) attempt to catch, gather, kill or obtain from water or land; and

(c) land (from a boat or in another way), bring ashore or tranship.

(a) a business activity; and

(b) anything else done for gain or reward.

(a) transfer by a joint holder of the authority, of all or part of the holder’s interest in the authority, to the other joint holders of the authority; and

(b) if the authority is a quota authority relating to another authority—transfer by the holder of the quota authority, from the authority to which it relates, to another authority held by the same holder.