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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

  • 20 Prescribed acts—Act, s 82

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

  • 82 Definitions for part

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

  • 137 Assessment fees

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

PART 2 - PROVISIONS FOR FISHERIES LEGISLATION AMENDMENT REGULATION 2020

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

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