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Fisheries Act 1994 – 1 July 2016

Fisheries (Asian Bag Mussel) Disease Declaration 2007 – 21 December 2007

Fisheries (Commercial Trawl Fishery—Fin Fish) Quota Declaration 2015 – 1 January 2016

Fisheries (Coral Reef Fin Fish) Quota Declaration 2015 – 1 July 2015

Fisheries (East Coast Trawl) Management Plan 2010 – 15 July 2016

Fisheries Regulation 2008 – 28 October 2016

Fisheries (Spanner Crab Fishery) Quota Declaration 2015 – 1 June 2015

Quick to view summary

It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove: (a) the person is an Aborigine, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander, who at the time of the offence was acting under Island custom; and (b) the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aborigine or Torres Strait Islander – for full details of this defence, refer to section 14 of the Act. For the definition of ‘fish’, refer to section 5 of the Act. For the definition of ‘fish habitat’, refer to the Schedule of the Act.

  • Sections 4, 5, 14, Schedule

The government is responsible under this Act for: (a) the management, use, development and protection of aquaculture, marine plants, fish habitats and, coral limestone and fisheries resources generally; and (b) fish ways. Further responsibilities are detailed in subsection 20(2) of the Act. Pursuant to section 32 of the Act, the government may make a management plan for the following: (a) a fishery; (b) a fish habitat or declared fish habitat area; (c) a fish way; (d) fisheries resources; (e) aquaculture. Note: A management plan is subordinate legislation. A management plan may make a fisheries declaration. A fisheries declaration may regulate the taking, purchase, sale, possession or use of particular fish. A management plan may also prescribe, or authorise the issue of, a quota. It is interesting to note that the government may make a fisheries declaration in an instrument other than a management plan – see section 43 of the Act. Pursuant to section 44 of the Act, the government may declare a quota (make a quota declaration) for a fishery. A fisheries declaration or a quota declaration is subordinate legislation. For the management plan regulating trawling on the east coast of Queensland, refer to the Fisheries (East Coast Trawl) Management Plan 2010. For general fishing regulations (including rules relating to fishing equipment and licence conditions, and transhipment notices), refer to 31 of the Fisheries Regulation 2008 onwards. For the definition of ‘fishery’, refer to section 7 of the Act. For the definition of ‘marine plant’, refer to section 8 of the Act. For the definition of ‘quota’, refer to section 9 of the Act. For the definition of ‘aquaculture’, refer to the Schedule of the Act.

  • Sections 4, 7, 8, 9, 20, 32, 34, 35, 36, 37, 38, 38A, 41, 42, 43, 44, 45, 45A, Schedule; Regulation 3 of the Fisheries (Commercial Trawl Fishery-Fin Fish) Quota Declaration 2015; Regulation 3 of the Fisheries (Coral Reef Fin Fish) Quota Declaration 2015; Regulations 3, 4, 5 of the Fisheries (East Coast Trawl) Management Plan 2010; Regulations 3, 31 of the Fisheries Regulation 2008; Regulation 3 of the Fisheries (Spanner Crab Fishery) Quota Declaration 2015

A regulation or management plan may prescribe the authorities that the government may issue under this Act. An authority authorises the holder of the authority to do the things permitted under a regulation or management plan or stated in the authority. However, an authority does not authorise the holder or anyone else (other than an inspector) to enter, or remain on, someone else’s land. An application for the issue of an authority must: (a) be made in the approved form; and (b) be accompanied by the fees prescribed under the regulations – see section 54 of the Act. Note: In considering the application, the government must comply with any relevant regulation or management plan. The government may refuse to issue or renew an authority if satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. For details on how to transfer an authority, refer to section 65 of the Act. The government may issue a certificate stating: (a) that a particular person was or was not the holder of an authority on a particular day or over a particular period; (b) the type or conditions of a particular authority; etc – see section 74 of the Act. For the types of licenses which may be issued, refer to regulation 205 of the Fisheries Regulation 2008.

  • Sections 49, 52, 53, 54, 55, 56, 57, 58, 59, 60, 60A, 61, 62, 65, 65A, 65B, 65BA, 66, 73, 74, 219; Regulations 31, 32 of the Fisheries (East Coast Trawl) Management Plan 2010; Regulations 203, 204, 205, 206, 210, 211, 217, 218, 218A, 218B, 218C of the Fisheries Regulation 2008

A fisheries development approval authorises a person to carry out development under the approval only if the person also holds: (a) for prescribed declared fish habitat area development – a resource allocation authority for interfering with a declared fish habitat area; or (b) for prescribed aquaculture development – a resource allocation authority for interfering with fish habitat in Queensland waters or on unallocated tidal land. In assessing a development application for a fisheries development approval the government must consider the potential impact the development would have on: (a) the management, use, development and protection of fisheries resources and fish habitats; and (b) the management of aquaculture activities. For the definition of ‘fisheries development’, refer to the Schedule of the Act.

  • Sections 4, 76A, 76C, 76D, 76I, 76IA, 76J, 76L, Schedule

A person intending to make a development application for the construction or raising of a waterway barrier works in an area may apply to the government for a fish movement exemption notice for the area. For the definition of ‘waterway barrier works’, refer to the Schedule of the Act.

  • Sections 4, 76E, 76F, 76G, 76K, Schedule

A person to whom a regulated fishing apparatus declaration or regulated fishing method declaration applies must comply with the declaration. Note: Exceptions to this rule are provided by section 77A of the Act. For the definition of ‘fishing apparatus’, refer to the Schedule of the Act.

  • Sections 4, 77, 77A, Schedule

A person must not unlawfully take, possess, use or sell a regulated fish. For the definition of ‘take’, refer to the Schedule of the Act.

  • Sections 4, 78, Schedule

A person must not unlawfully contravene a quota.

  • Section 79

A person must not unlawfully: use an explosive, powerhead or other explosive propelled missile, firearm or noxious substance (a restricted thing) to take fish; or use or possess, with intent to take fish, a device that creates an electrical field in waters or on land, etc.

  • Section 81

A person must not unlawfully: (a) bring non-indigenous fisheries resources, or cause non-indigenous fisheries resources to be brought, into Queensland. For the definition of ‘non-indigenous fisheries resources’, refer to the Schedule of the Act.

  • Sections 4, 90, Schedule

A person must not unlawfully release aquaculture fisheries resources, or cause aquaculture fisheries resources to be released, into Queensland waters. For the definition of ‘aquaculture fisheries resources’, refer to the Schedule of the Act.

  • Sections 4, 91, Schedule

The government may prepare a code of practice for persons to whom this Act applies. The code may, for example, include the following: (a) the way recreational or commercial fishing is to be conducted in a fishery; (b) guidelines to be followed by persons engaged in particular activities in fishing; (c) processes to be followed to resolve conflicts; (d) standards to be adopted for boats, activities or processes in fishing or aquaculture; etc.

  • Section 119

An area may be declared under a regulation to be a fish habitat area. A person must not unlawfully perform, or cause to be performed, works or related activity in a declared fish habitat area.

  • Sections 120, 122; Regulation 636

A person must not unlawfully: (a) remove, destroy or damage a marine plant; or (b) cause a marine plant to be removed, destroyed or damaged.

  • Section 123

If (a) litter, soil, a noxious substance, refuse or other matter (the polluting matter) is on land, in waters, on marine plants or in a fish habitat; and (b) it appears to the government: (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; (etc) THEN the government may, by written notice, require the person responsible for the presence of the polluting matter to take specified action about the polluting matter within the time and in the way (if any) specified in the notice.

  • Section 125

A person may possess a regulated fish if the fish has been bred for display in an aquarium.

  • Regulation 174 of the Fisheries Regulation 2008

The government may issue a resource allocation authority for a prescribed declared fish habitat area development only if satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates. For what constitutes a ‘prescribed development purpose’, refer to section 214 of the Fisheries Regulation 2008.

  • Regulations 214, 215, 216 of the Fisheries Regulation 2008

A person must not do any of the following things in a declared fish habitat area: (a) remove weeds; (b) use a pesticide; (c) carry out biological control of a pest.

  • Regulation 621 of the Fisheries Regulation 2008

If: (a) fisheries resources are sold by a person (the seller) to another person (the buyer); and (b) the buyer – (i) is a person engaged in the business of selling fisheries resources by wholesale or retail; and (ii) intends to resell any of the fisheries resources for trade or commerce THEN the seller must give to the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) containing prescribed particulars.

  • Regulations 653, 654, 656, 657, 660 of the Fisheries Regulation 2008

A person carrying on the business of processing abalone must keep a record in the approved form containing particulars for the abalone processed.

  • Regulation 658 of the Fisheries Regulation 2008

If a person: (a) takes, for trade or commerce, relevant fish from Queensland waters other than waters within a relevant fishery area; and (b) unloads the fish in the State; THEN the person must keep, in the approved form, a record of the following information: (a) the date the person took the fish; (b) the number of the fish taken by the person.

  • Regulation 661 of the Fisheries Regulation 2008

If a person in control of a boat or vehicle (a commercial carrier) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor) for trade or commerce, THEN the commercial carrier must keep a record of the following information in the approved form: (a) the name of the consignor; (b) the address of the place where the commercial carrier collected the fish; (c) the address of the place where the commercial carrier is to deliver the fish.

  • Regulation 662 of the Fisheries Regulation 2008

If a person (the warehouse keeper) stores relevant fish at a place for another person (the consignor) for trade or commerce, the warehouse keeper must: (a) keep a written record stating the name of the consignor and (b) ensure that while the fish is stored at the place, the record is: (i) kept at the place; and (ii) available for inspection.

  • Regulation 663 of the Fisheries Regulation 2008
Reason for law

To provide for the use, conservation and enhancement of the community’s fisheries resources and fish habitats in a way that seeks to: (a) apply and balance the principles of ecologically sustainable development; and (b) promote ecologically sustainable development. (Section 3)

Relevant links

Fisheries [Department of Agriculture and Fisheries]
Fisheries legislation
Protection and management of marine plants

Declared fish habitat areas [Department of National Parks, Sports and Racing]

Aquaculture [Business and Industry Portal]

Moreton Bay Seafood Industry Association

Media article

Fishing is worth more than jobs and profits to Australia’s coastal towns

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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