FISHERIES (GENERAL) REGULATION 2019
- Made under the Fisheries Act 1994
- As at 1 January 2024
- Reg 179 of 2019
Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 Application of regulations and declarations
PART 2 - INTERPRETATION
Division 1 - Definitions
- 4 Dictionary
- 5 Meaning of commercial fisher
- 6 Meaning of recreational fisher and recreational fishing
- 7 Meaning of commercial fishing apparatus and recreational fishing apparatus
- 8 Meaning of stowed and secured—Act, s 77A
Division 2 - Key concepts
- 9 References to regulated waters
- 10 References to commercial fishery
- 11 References to licence, permit or quota authority by name
- 12 References to licences by fishery symbols
- 13 References to primary boat and tender boat and related references
Division 3 - Other general interpretative provisions
- 14 References to periods of days or months
- 15 References to times
- 15A References relating to fishing operations
- 15B Meaning of commercial fisher in control of a fishing operation
- 15C References to lands a boat and a landing place for a boat
- 15D References to lands a fish and a landing place for fish taken without a boat
- 16 References relating to fish
- 17 References relating to waters or areas
- 18 References relating to boats
- 19 References relating to fishing apparatus
Division 4 - Meaning of aquaculture
- 19A Cultivation of live fisheries resources for sale that is not aquaculture—Act, sch 1, definition aquaculture
PART 3 - PRESCRIBED ACTS FOR WHICH AUTHORITY REQUIRED
PART 4 - DEFENCE FOR ABORIGINES AND TORRES STRAIT ISLANDERS
- 21 Prescribed fishing apparatus—Act, s 14
- 22 Prescribed waters—Act, s 14
CHAPTER 2 - AUTHORITIES
PART 1 - GENERAL MATTERS
Division 1 - Authorities that may be issued
- 23 Purpose of division
- 24 Types of licences
- 25 Types of permits
- 26 Types of quota authorities
Division 2 - General restrictions on issue of authorities
- 27 Use of bottom set line in Gulf of Carpentaria waters must not be authorised
- 28 Only particular authorities may authorise particular activities
Division 3 - Authorisation under authorities generally
- 29 Activities authorised under authority
- 30 When a person is carrying out activity under an authority
PART 2 - LICENCES
Division 1 - Primary commercial fishing licence
- 31 Restrictions on issue of licence
- 32 Deciding number of tender boats for licence
- 33 Authorisation and conditions
- 34 Particular licences not transferable
Division 2 - Commercial fisher licence
- 35 Restriction on issue of licence
- 36 Authorisation and conditions
- 37 Licence not transferable
Division 3 - Charter fishing licence
- 38 Authorisation
- 39 Condition about taking maray or Australian sardines
Division 4 - (Repealed)
Division 5 - (Repealed)
PART 3 - PERMITS
Division 1 - Restrictions on issue of particular permits
- 46 Possessing or using purse seine net must not be authorised
- 47 Restriction on authorising taking or possessing of maray or Australian sardines
- 48 Restriction on authorising taking or possessing of freshwater fish
- 49 Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit
- 50 Maximum term of general fisheries permit
- 51 Restriction on authorising taking of fish in particular regulated waters under general fisheries permit
- 51A Restriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permit
- 52 Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit
Division 2 - Authorisations under particular permits
- 53 Developmental fishing permit
- 54 Indigenous fishing permit
- 55 Stocked impoundment permit
- 56 Filleting permit
Division 3 - Conditions applying to particular permits
- 57 General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters
PART 4 - QUOTA AUTHORITIES
Division 1 - Restrictions on issue
- 58 Restriction on further issue of particular quota authorities
- 58A Issue of effort units for the Moreton Bay trawl region
- 58B Issue of ENL-ITQ units
- 58C Issue of C1-ITQ units
- 58D Issue of hand-harvest ITQ units
- 58E Issue of select coral ITQ units
Division 2 - Authorisation and conditions
- 59 Authorisation under and conditions of quota authority
PART 5 - RESOURCE ALLOCATION AUTHORITIES
- 60 Meaning of prescribed development purpose for declared fish habitat area
- 61 Restriction on issue of particular resource allocation authorities
- 62 Authorisation under resource allocation authority
PART 6 - CRITERIA FOR SUSPENDING OR CANCELLING PARTICULAR AUTHORITIES
- 63 Application of part
- 64 Counting convictions
- 65 Criteria for suspending or cancelling particular licences
- 66 Criteria for suspending effort units
- 67 Criteria for suspending or cancelling SM units
- 68 Criteria for suspending line units
- 69 Criteria for cancelling line units
- 70 Criteria for suspending T4-ITQ units
- 71 Criteria for cancelling T4-ITQ units
PART 7 - OTHER PROVISIONS ABOUT AUTHORITIES
Division 1 - Miscellaneous offences
- 72 Obstructing persons fishing under an authority
Division 2 - Register of authorities
- 73 Particulars to be contained in register—Act, s 73
- 74 Holder to notify chief executive of particular changes—Act, s 73
Division 3 - Other matters
- 75 Authorities that continue after holder’s death—Act, s 70C
- 76 Activities for which inspectors may have an authority
CHAPTER 3 - DECLARED FISH HABITAT AREAS
PART 1 - DECLARATION OF FISH HABITAT AREAS
- 77 Fish habitat area plans
- 78 Areas declared to be fish habitat areas
- 79 Particular cables and air space excluded from declared fish habitat area
PART 2 - PROHIBITED ACTIVITIES
- 80 Person not to take bait using digging implement
- 81 Person not to remove weeds etc.
CHAPTER 4 - MATTERS PRESCRIBED FOR PARTICULAR OFFENCES UNDER THE ACT
PART 1 - VESSEL TRACKING
Division 1 - Preliminary
Division 2 - General matters
- 83 Authorities and boats in relation to which requirements apply
- 84 Way equipment must be installed
- 85 Periods during which equipment must be working properly
Division 3 - Requirements if equipment malfunctions
Subdivision 1 - Preliminary
- 86 Purpose and application of division
- 87 Definition for division
- 88 When person in control of a boat is aware of malfunction
- 89 Notices given by chief executive or inspector under division
Subdivision 2 - Alternative way of communication
- 89A Application of subdivision
- 90 Notice of alternative way
- 91 Changing alternative way
Subdivision 3 - Manual reporting and landing requirements for boats other than tender boats
- 92 Application of subdivision
- 93 Manual reporting requirement
- 94 Requirement to take relevant boat to landing place—boat used under particular authority in particular area
- 95 Requirement to take relevant boat to landing place—other circumstances
- 96 Further requirement if relevant boat taken to landing place
Subdivision 4 - Requirements for tender boats
- 96A Application of subdivision
- 96B Requirement to stop fishing
PART 2 - OTHER MATTERS
- 97 Commercial quantity of priority fish
- 98 Circumstances in which non-indigenous fisheries resources may be released—Act, s 90
CHAPTER 5 - INFORMATION REQUIREMENTS
PART 1 - PRELIMINARY
- 99 Purpose of chapter
- 100 Definitions for chapter
PART 2 - PERSON OTHER THAN AUTHORITY HOLDER IN CONTROL OF A BOAT
- 101 Application of part
- 102 Authority holder to provide approved form
- 103 Person in control to keep approved form
- 104 Person in control to return approved form
PART 3 - PERSON OTHER THAN AUTHORITY HOLDER FISHING UNDER AUTHORITY
- 105 Application of part
- 106 Holder to provide approved form
- 107 Relevant person to keep approved form
- 108 Relevant person to return approved form
PART 4 - WHOLESALE SALE OF FISHERIES RESOURCES
Division 1 - Preliminary
- 109 Application of part
- 110 Definitions for part
Division 2 - Requirements
- 111 Docket for sale to be given
- 112 Seller to keep docket
- 113 Seller to give copy of record or docket with consignment
- 114 Buyer to keep docket
PART 5 - PROCESSING ABALONE
- 115 Application of part
- 116 Definition for part
- 117 Processor to keep record of processing
PART 6 - PARTICULAR ACTS INVOLVING SPANISH MACKEREL OR REGULATED CORAL REEF FIN FISH
- 118 Application of part
- 119 Buyer to keep record of fish bought outside the State
- 120 Person who takes fish outside particular fishery areas to keep record of taking
- 121 Person transporting fish to keep record of consignment
- 122 Person storing fish to keep record of storage
PART 7 - AIVR SYSTEM
- 123 Person using AIVR system to keep record of transaction number
CHAPTER 6 - OTHER MATTERS RELATING TO FISHERIES MANAGEMENT
PART 1 - AUTOMATED INTERACTIVE VOICE RESPONSE SYSTEM
- 124 Chief executive must establish and operate AIVR system
- 125 Requirements for AIVR system
- 126 Record kept by AIVR system is evidence of particular information
- 127 Transaction number given by AIVR system is evidence of transaction
- 128 Procedure if AIVR system not working properly
PART 2 - COMPLIANCE, ENFORCEMENT AND ADMINISTRATION OF ACT
- 129 Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence
- 130 Prescribed matters for evidentiary certificates—Act, s 184
- 131 Matters about seizure of fisheries resources—Act, s 154
- 132 Persons who may be appointed as inspectors
- 133 Prescribed entities for delegation of functions or powers—Act, s 222
PART 3 - ACCEPTED DEVELOPMENT REQUIREMENTS
- 134 Purpose of part
- 135 Accepted development requirements
- 136 Documents stating accepted development requirements available for inspection
PART 4 - FEES
Division 1 - Fees for resource allocation authority and fish movement exemption notice
Division 2 - Other fees
- 138 Definition for division
- 139 Fees generally
- 140 General matters about fees for a licence, fishery symbol or quota authority
- 141 Additional provision about annual fees for a licence, fishery symbol or quota authority
- 142 Further provision about licence, fishery symbol or quota authority held for part of a financial year
Division 3 - Waiver or refund of fees
- 143 Chief executive may waive or refund a fee
CHAPTER 7 - TRANSITIONAL PROVISIONS
PART 1 - PROVISIONS FOR SL NO. 179 OF 2019
- 144 Existing commercial fisher licences
- 145 Existing commercial fishing boat licences
- 146 Existing general purpose permits
- 147 Existing notices relating to vessel tracking
- 148 Annual fees for 2019-20 financial year
- 149 References to 2008 regulation
Division 1 - Amendments commencing on notification of amendment regulation
Division 2 - Amendments commencing on 1 January 2021
- 154 Existing commercial fishing boat licences
- 155 Existing commercial harvest fishery licences
- 156 Existing commercial fisher licences
- 157 Existing carrier boat licences
- 158 Undecided applications for particular licences
- 159 References to particular licences
Division 3 - Amendments commencing on 1 September 2021
- 160 Fees for fishery symbols and quota authorities for financial year starting 1 July 2021
- 161 Continued application of ch 5, pt 2 to particular licences
- 162 Continued application of ch 5, pt 3 to particular licences
- 163 References to T1 effort units and T2 effort units