FISHERIES MANAGEMENT ACT 2007

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Declaration of aquatic reserves
• 5 Application of Act
• 5A Licence or other right is not personal property for the purposes of Commonwealth Act
• 6 Ownership of aquatic resources of State

PART 2--Objects of Act

• 7 Objects of Act

PART 3--Administration

Division 1--Minister and Director

• 8 Minister
• 9 Director
• 10 Delegation

Division 3--Advisory committees

• 20 Establishment of committees

Division 4--Fisheries Research and Development Fund

• 21 Continuation of Fund
• 22 Accounts
• 23 Audit

PART 4--Commonwealth-State arrangements

Division 1--Commonwealth-State joint authorities

• 24 Powers and functions of Minister
• 25 Judicial notice
• 26 Functions of Joint Authority
• 27 Delegation
• 28 Procedure of Joint Authorities
• 29 Report of Joint Authority

Division 2--Arrangements with Commonwealth with respect to management of particular fisheries

• 30 Arrangement for management of certain fisheries
• 31 Application of this Act to fisheries in accordance with arrangements
• 32 Application of Commonwealth law to limits of State in accordance with arrangements
• 33 Functions of Joint Authority
• 34 Joint Authority to exercise certain powers instead of Minister or Director
• 35 Application of certain provisions relating to offences
• 36 Presumption relating to certain statements
• 37 Regulations relating to Joint Authority fishery

Division 3--Arrangements with other States

• 38 Arrangements with other States
• 39 Functions

PART 5--Management plans for commercial fishing, recreational fishing and aquatic reserves

• 40 Interpretation
• 41 Application of Part
• 42 Preparation of management plans
• 43 General nature and content of management plans
• 44 Procedure for preparing management plans
• 45 Tabling of management plans
• 46 Procedure for making certain amendments to management plans
• 47 Duration of management plans
• 48 Availability and evidence of management plans
• 49 Review of management plans
• 50 Implementation of management plans

PART 6--Regulation of fishing and processing

Division 1--Commercial fishing

• 51 Interpretation
• 52 Obligation of commercial fishers to hold licence or permit
• 53 Obligation for boats and devices used in commercial fishing to be registered
• 54 Application for licence, permit or registration
• 55 Conditions of licence, permit or registration
• 56 Duration of authority and periodic fee and return etc
• 57 Transfer of licence or permit
• 58 Acquisition of licences etc by Minister
• 59 Obligation to carry authority and identification while engaging in fishing activities

Division 2--Aboriginal traditional fishing

• 60 Management of aboriginal traditional fishing
• 61 Availability and evidence of aboriginal traditional fishing management plans

Division 3--Processing

• 62 Obligation of fish processors to be registered
• 63 Classes of registration
• 64 Applications for registration
• 65 Conditions of registration
• 66 Duration of registration and periodic fee and return etc

Division 4--Miscellaneous

• 67 Misuse of authorities
• 68 Issue of duplicate authority
• 69 Effect of suspension of authority

PART 7--Offences

Division 1--Offences relating to fishing activities

• 70 Prescribed fishing activities prohibited
• 71 Taking, injuring etc aquatic mammals and protected species prohibited
• 72 Sale, purchase or possession of aquatic resources without authority prohibited
• 73 Possession of prescribed quantity of aquatic resource in prescribed circumstances
• 74 Unauthorised trafficking in fish of priority species prohibited
• 75 Interference with lawful fishing activities prohibited

Division 2--Miscellaneous offences

• 76 Entering etc aquatic reserve, or engaging in fishing activity in aquatic reserve, without authorisation prohibited
• 77 Disturbance of water beds, or removal or interference with animals or plants, in aquatic reserve without authorisation prohibited
• 78 Unauthorised activities relating to exotic organisms or noxious species prohibited

Division 3--Temporary prohibition of certain fishing activities etc

• 79 Temporary prohibition of certain fishing activities etc

Division 4--Miscellaneous

• 79A Permits

PART 8--Enforcement

Division 1--Authorised persons

• 80 Appointment of fisheries officers, scientific observers and sea rangers
Subdivision 2--Fisheries officers
• 81 General powers of fisheries officers
• 82 Power of fisheries officer to search persons for evidence of certain offences
• 83 Powers of fisheries officers relating to exotic aquatic organisms and aquaculture fish
• 84 Power of fisheries officer to arrest persons without warrant
• 85 Corresponding laws may confer powers and functions
• 86 Fisheries officer may be assisted in exercise of powers etc
Subdivision 3--Scientific observers
• 87 Functions of scientific observer
• 88 Placement of scientific observer on registered boat
Subdivision 4--Sea rangers
• 89 Functions of sea ranger
Subdivision 5--Miscellaneous
• 90 Provisions relating to things seized
• 91 Offence to hinder etc authorised persons

Division 2--Orders made by Minister

• 92 Protection orders
• 93 Action on non-compliance with protection order
• 94 Reparation orders
• 95 Action on non-compliance with reparation order
• 96 Reparation authorisations
• 97 Related matters
• 98 Registration of orders or authorisations by Registrar-General
• 99 Effect of charge

Division 3--Court orders

• 100 Additional orders court can make on conviction
• 101 Orders ERD Court may make on application by Minister
• 102 Provisions relating to orders under this Division

Division 4--Demerit points scheme

• 103 Interpretation
• 104 Demerit points for certain offences
• 105 Consequences of certain number of demerit points being incurred by person or recorded against authority
• 106 Notices to be sent by Minister when certain number of demerit points are incurred or recorded
• 107 Notices to be sent by Minister when person becomes liable to disqualification or authority is to be cancelled
• 108 Disqualification etc and discounting of demerit points
• 109 Court not to take into account demerit points in determining penalty

Division 5--Miscellaneous

• 110 Additional penalty based on value of aquatic resources

PART 9--Review and appeals

Division 1--Internal review

• 111 Review of certain decisions of Minister

Division 2--External review

• 112 External review
• 113 Appeals to ERD Court against protection or reparation order
• 114 Constitution of ERD Court

PART 10--Miscellaneous

Division 1--General

• 115 Exemptions
• 116 Registers
• 117 Recovery of fees, levies and other amounts
• 118 Statutory declarations
• 119 False or misleading statement or information
• 120 Offences committed by bodies corporate or agents, or involving registered boats
• 121 Commencement of prosecutions
• 122 Self-incrimination
• 123 Rewards
• 124 Confidentiality
• 125 Service
• 126 Evidentiary provisions

Division 2--Regulations

• 127 General
• 128 Regulations relating to conservation and management of aquatic resources, management of fisheries and aquatic reserves and regulation of fishing
• 129 Regulations relating to processing of aquatic resources
• 130 Regulations relating to control of exotic aquatic organisms and disease

Division 3--Review of Act

• 131 Review of Act by Minister
• SCHEDULE 1--Transitional provisions
Legislative history