{"id":"fisheries-act-1988","name":"Fisheries Act 1988","slug":"fisheries-act-1988","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30062,"registerId":"nt-fisheries-act-1988-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Matters that may be provided for in a","content":"Schedule 2 Matters that may be provided for in a\nmanagement plan\n\n____________________\nAs in force at 10 December 2022\n____________________\nFISHERIES ACT 1988\nAn Act to provide for the regulation, conservation and management of\nfisheries and fishery resources so as to maintain their sustainable\nutilisation, to regulate the sale and processing of fish and aquatic life,\nand for related purposes\n1 Short title\nThis Act may be cited as the Fisheries Act 1988.\n2 Commencement\nThis Act shall come into operation on 14 December 1988.\n2A Objects\n(1) The objects of this Act are:\n(a) to manage the aquatic resources of the Territory in\naccordance with the principles of ecologically sustainable\ndevelopment; and\n(ab) to protect the environment, people and economy of the\nTerritory from the introduction and spread of aquatic noxious\nspecies and diseases; and\n(ac) to acknowledge the rights and interests of Aboriginal people\nand resources of significance to Aboriginal people referred to\nin section 2B(1) and to promote opportunities for Aboriginal\npeople to benefit economically from aquatic resources; and\n(b) to maintain a stewardship of aquatic resources that promotes\nfairness, equity and access to aquatic resources by all\nstakeholder groups, including:\n(i) Aboriginal people; and\n(ii) the commercial fishing, aquaculture and fishing tourism\nindustries; and\n\nFisheries Act 1988 2\n(iii) amateur fishers; and\n(iv) others with an interest in the aquatic resources of the\nTerritory; and\n(c) to promote the optimum utilisation of aquatic resources to the\nbenefit of the community.\n(2) Any person or body engaged in the administration, operation or\nenforcement of this Act must take into account the objects of this\nAct when exercising their powers and performing their duties.\n","sortOrder":0},{"sectionNumber":"2B","sectionType":"section","heading":"Aboriginal rights, interests and resources of significance","content":"2B Aboriginal rights, interests and resources of significance\n(1) For this Act, the following rights, interests and resources of\nsignificance are acknowledged:\n(a) the rights and interests of traditional owners granted under the\nAboriginal Land Rights (Northern Territory) Act 1976 (Cth);\n(b) the rights and interests of holders of native title rights\nrecognised or capable of recognition under the Native Title\nAct 1993 (Cth);\n(c) the cultural and spiritual significance of aquatic resources to\nAboriginal people in accordance with Aboriginal tradition.\nNote for subsection (1)(c)\nThe term Aboriginal tradition is defined in the Aboriginal Land Rights (Northern\nTerritory) Act 1976 (Cth).\n(2) Unless expressly provided otherwise, nothing in this Act derogates\nor limits the right of Aboriginal people who have traditionally used\nthe resources of an area of land or water in a traditional manner to\ncontinue to use those resources in that area in that manner.\n(3) Despite subsection (2), the right to continue to use an area of land\nor water in a traditional manner does not authorise a person to:\n(a) enter an area used for aquaculture; or\n(b) interfere with or remove fish or aquatic life from fishing gear\nthat is the property of another person; or\n(c) engage in a commercial activity.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeals","content":"3 Repeals\nThe Acts listed in Schedule 1 are repealed.\n\nFisheries Act 1988 3\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nalleged offender, see section 46H.\namateur fishing means fishing for fish or aquatic life otherwise\nthan for sale.\napproved means approved by the Director.\napproved operator means a person approved under section 17A.\naquaculture includes the farming, culturing, or breeding of fish or\naquatic life for the purposes of trade, business, or research.\naquatic life means any species of plant or animal life (except\nspecies of birds) which, at any time of the life history of the species,\nmust inhabit water, and includes the plant or animal at any stage of\nits life history, and also includes any part of such plant or animal,\nbut does not include fish, or aquatic life declared by the Minister by\nnotice in the Gazette to be aquatic life to which this Act does not\napply.\narrangement means an arrangement made under Part 6 by the\nTerritory with the Commonwealth whether or not it is also made\nwith a State.\nAustralian fishing zone means the Australian fishing zone as\ndefined by the Commonwealth Act.\nauthorised officer means the Director, a Fisheries Officer or a\nFisheries Inspector.\ncoastal waters, in relation to the Territory, has the same meaning\nas it has in the Commonwealth Act.\nCommonwealth Act means the Fisheries Management Act 1991\n(Cth) or any Act in substitution for that Act.\nCommonwealth Minister means the Minister for the time being\nadministering the Commonwealth Act or other Minister exercising\npowers and performing functions pursuant to section 60 of the\nCommonwealth Act.\n\nFisheries Act 1988 4\nconfiscation offence means an offence prescribed by regulation\nfor Part 4, Division 4B.\ncontainer includes a cupboard, drawer, chest, trunk, box, cage,\npackage or other receptacle.\ncontravention notice, see section 46H.\ncorporation has the same meaning as in the Corporations\nAct 2001.\nCrown lands has the same meaning as in the Crown Lands\nAct 1992.\ndelegate decision, see section 50(1).\nDirector means the Director of Fisheries appointed under\nsection 5, and includes a person who is acting in or performing the\nduties of the office of Director of Fisheries.\necologically sustainable development means using, conserving\nand enhancing the community's resources so that ecological\nprocesses, on which life depends, are maintained and the total\nquality of life, now and in the future, can be increased.\nelectric fishing device means a device, engine, or machine\ndesigned or used for the taking or killing by means of electric\ncurrent of any species of fish or aquatic life or for the production of\nelectronarcosis of any species of fish or aquatic life.\nfish means any species or class of fish including crustaceans,\nechinoderms, and molluscs, and includes an aquatic animal (except\na species of bird) declared by the Minister by notice in the Gazette\nto be a fish for the purposes of this Act, and also includes:\n(a) an egg, fry, spat, or larva of a fish;\n(b) the dead body, or a part of the dead body, of a fish; and\n(c) the shell or exoskeleton, or a part of the shell or exoskeleton,\nof a crustacean, echinoderm, or mollusc.\nFisheries Inspector means a person appointed to be a Fisheries\nInspector under section 7A.\nFisheries Officer means a person appointed or declared to be a\nFisheries Officer under section 7.\nfishery means one or more stocks or parts of stocks or one or\nmore species, habitats, or locations of fish or aquatic life that can\n\nFisheries Act 1988 5\nbe treated as a unit for the purposes of conservation or\nmanagement, and includes a fishery referred to by the identifiers\nspecified in subsection (2).\nfishery management area or management area means an area\nso declared pursuant to section 22.\nfishery management plan or management plan means a\nmanagement plan under Part III for a fishery.\nfishing means the catching, taking, or harvesting of fish or aquatic\nlife and includes any other activity which may reasonably be\nexpected to result in the catching, taking, or harvesting of fish or\naquatic life and also includes any action taken in support of or in\npreparation for an activity specified in this definition.\nfishing gear includes a net, line, pot, apparatus, device or thing\ncapable of being used in fishing.\nfishing monitoring means the monitoring of fishing, including by\nthe use of fishing monitoring equipment.\nfishing monitoring equipment means equipment, including\nelectronic equipment, whether or not fitted to a vessel:\n(a) to detect when and where fishing from a vessel occurs; and\n(b) to record catch information.\nExamples for definition fishing monitoring equipment\n1 Sensors.\n2 A digital video camera.\n3 A computer system.\nfishing operations means any operations that are authorised to be\nconducted, or any other thing that is authorised to be done, under a\nfit and proper person, see section 17B.\nforeign boat means a vessel that is not an Australian boat within\nthe meaning of the Commonwealth Act.\ninfringement notice, see section 46B.\ninfringement notice offence, see section 46A(1).\nJoint Authority means a Joint Authority in existence for the\npurposes of Part 5 of the Commonwealth Act that includes the\nMinister as a member.\n\nFisheries Act 1988 6\nJoint Authority fishery means a fishery in respect of which there\nis in force an arrangement under which the fishery is to be under\nthe management of a Joint Authority.\nlanded means:\n(a) if the fish have been taken without the use of a vessel – taken;\nand\n(b) if the fish have been taken with the use of a vessel – put\nashore at or trans-shipped at a wharf, jetty, pontoon or place,\nas may be prescribed or as may be specified in a\nmanagement plan.\nlicence means an approved licence currently in force granted\nunder this Act or, as the context requires, a licence document\nissued as a consequence of the grant of a licence.\nlicensee means the holder of a licence and includes a person who\nholds a permit.\nlicensee's record book means a record of information required by\nthe Director to be kept by a licensee under section 34.\nmanaged fishery means a fishery declared to be a managed\nfishery under section 22.\nmanagement area, see fishery management area.\nmanagement plan, see fishery management plan.\nMinisterial guidelines means guidelines made by the Minister\nunder section 20D.\nnoxious species means fish or aquatic life that is prescribed by\nregulation to be a noxious species.\nowner, in relation to a vessel, vehicle, gear, or equipment, means a\nperson who has a right to the possession of that vessel, vehicle,\ngear, or equipment, whether or not that right is subject to the right\nof another person, but a person shall not be held to be the owner of\na vessel, vehicle, gear, or equipment by reason only that the person\nwas in command or charge of it.\npermit means an approved permit currently in force granted under\nthis Act or, as the context requires, a permit document issued as a\nconsequence of the grant of a permit.\n\nFisheries Act 1988 7\npermit offence means:\n(a) an offence against section 11(2), (3), (4), (5), (6) or (7); or\n(b) an offence against section 14(7) for contravention of a\ncondition of a permit.\nperson includes a partnership.\nperson in charge, of fishing operations under a licence or permit,\nmeans a person appointed under section 17E in relation to those\nfishing operations.\nplant, in relation to aquatic life, includes seaweeds, sea-grasses,\nand algae.\npossession means possession of or control over any fish or\naquatic life or possession of or control over a vessel, vehicle or\nother conveyance, fishing gear, container, thing, or place in or on\nwhich the fish or aquatic life is found, and includes joint possession\nor control.\nprescribed amount, see section 46A(2).\nprescribed decision means a decision of the Director under a\nprescribed provision of the Regulations or a management plan.\nprocessing includes cutting, shelling, and the use of all methods of\nmanufacture and preservation.\nquota, allocated to a licence, means any entitlement, however\ndescribed, under a quota system, allocated or attached to the\nlicence.\nExamples for definition quota\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"A unit entitling a licensee to take fish in a fishery for a specified period of time","content":"1 A unit entitling a licensee to take fish in a fishery for a specified period of time\nduring a licensing year.\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"A unit entitling a licensee to be allocated a share of total allowable catch for a","content":"2 A unit entitling a licensee to be allocated a share of total allowable catch for a\ncertain species group.\nquota system means a system for managing a fishery, or a\ndesignated part of a fishery, determined by reference to one or\nmore of the following:\n(a) the quantity of fish or aquatic life, or a designated species or\ntype of fish or aquatic life, that may be taken;\n(b) the amount of fishing gear that may be used;\n(c) the amount of time that may be spent fishing;\n\nFisheries Act 1988 8\n(d) the number of vessels that may be used for fishing;\n(e) the number of persons that may engage in fishing;\n(f) any other matter.\nregistered, in relation to the registration of vessels, means\nregistered under this Act.\nregistered third party interest means a third party interest\nregistered under section 9A.\nrelevant instrument, for Part 6, Division 2, see section 63A.\nsale includes every method of disposition for valuable\nconsideration, including barter, and includes the disposition to an\nagent for sale on consignment, and also includes offering or\nattempting to sell, or receiving or having in possession for sale, or\nexposing for sale, or sending or delivering for sale, or causing or\npermitting to be sold, offered, or exposed for sale, and also includes\ndisposal by way of raffle, lottery, or other game of chance.\ntaking means fishing.\ntender vessel means a vessel that is carried by, or attached to,\nanother vessel for the purpose of supporting fishing.\nthird party interest means an interest held in a licence, or quota\nallocated to a licence, as security for the payment or repayment of\nmoney.\ntrans-ship at sea does not include:\n(a) trans-ship at a wharf, jetty, pontoon or prescribed place; or\n(b) trans-ship from a tender vessel to the vessel to which it is a\ntender vessel.\nUTM position means a position determined by using Universal\nTransverse Mercator (UTM) grid co-ordinates, which are grid\nco-ordinates determined by projecting global sections onto a flat\nsurface to measure the position of specific zones or areas.\nvessel includes every description of craft, vessel, hovercraft,\naircraft, or other thing, of whatever size, that is capable of being\nused in fishing.\nvessel monitoring means the monitoring of vessels, including by\nthe use of a vessel monitoring system.\n\nFisheries Act 1988 9\nvessel monitoring system means an electronic device that is\nfitted to a vessel to give information about the vessel's course or\nposition, or similar information.\nThe Interpretation Act contains definitions and other provisions that may be\nrelevant to this Act.\n(2) Without limiting the matters by reference to which a fishery\n(including a fishery subject to an arrangement) may be identified,\nthose matters may include:\n(a) a description of fish or aquatic life by reference to sex, size,\nage, or another characteristic;\n(b) an area of waters or seabed;\n(c) a method of fishing;\n(d) a kind or class of vessel;\n(e) a class of persons; or\n(f) a purpose of activities,\nor all or a combination of those matters.\n","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Criminal Code","content":"4A Application of Criminal Code\n(1) Part IIAA of the Criminal Code applies to an offence against this\nAct.\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n(2) However, Part IIAA of the Criminal Code does not apply to an\noffence against the Regulations or a management plan unless the\nRegulations or plan state otherwise.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Director of Fisheries","content":"5 Director of Fisheries\n(1) The Minister may appoint a person to be the Director of Fisheries.\n(2) The Minister shall cause notice of an appointment made under\nsubsection (1) to be published in the Gazette.\n\nFisheries Act 1988 10\n(3) Subject to the directions of the Minister, the Director is responsible\nfor the general administration of this Act.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Delegation","content":"6 Delegation\n(1) The Minister may delegate any of the Minister's powers or functions\nunder this Act (other than a power under section 26, 28 or 29) to a\nperson.\n(2) The Director may delegate any of the Director's powers or functions\nunder this Act to a person.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Fisheries Officers","content":"7 Fisheries Officers\n(1) The Minister may appoint such persons as the Minister thinks fit to\nbe Fisheries Officers.\n(2) The Director is a Fisheries Officer.\n(3) Every police officer is a Fisheries Officer.\n(4) A Fisheries Officer who is carrying out functions and duties under\nthis Act has, in addition to the other powers conferred on a\nFisheries Officer under this Act, all the powers and protection of a\npolice officer with the rank of constable.\n(5) A reference in any law in force in the Territory to a police officer\nwith the rank of constable, or a reference that includes such a\nreference, includes a reference to a Fisheries Officer acting in the\nexecution of the Officer's duty.\nNote for section 7\nA Fisheries Officer is an authorised officer for this Act – see section 4(1),\ndefinition authorised officer.\n","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Fisheries Inspectors","content":"7A Fisheries Inspectors\n(1) The Minister may appoint a person to be a Fisheries Inspector.\n(2) A Fisheries Inspector has:\n(a) the powers and functions prescribed by regulation; and\n(b) any powers and functions conferred on the Fisheries Inspector\nunder subsection (3).\n\nFisheries Act 1988 11\n(3) The Minister may, by Gazette notice, confer additional powers or\nfunctions on a specified Fisheries Inspector or class of Fisheries\nInspector.\nNote for section 7A\nA Fisheries Inspector is an authorised officer for this Act – see section 4(1)\ndefinition authorised officer.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Identity cards","content":"8 Identity cards\n(1) The Director must give a Fisheries Officer appointed under\nsection 7(1), or a Fisheries Inspector, an identity card stating the\nperson's name and that the person is a Fisheries Officer or\nFisheries Inspector.\n(2) The identity card must:\n(a) show a recent photograph of the Fisheries Officer or Fisheries\nInspector; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the Officer or Inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n(4) The production by a Fisheries Officer or Fisheries Inspector of a\ncurrent identity card, or evidence that a Fisheries Officer is a police\nofficer, is, until the contrary is proved, sufficient authority to do\nanything that the Officer or Inspector is authorised by or under this\nAct to do.\n","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"Return of identity card","content":"8A Return of identity card\n(1) A person who ceases to be a Fisheries Officer or Fisheries\nInspector must return the person's identity card to the Director\nwithin 21 days after the cessation.\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Registers","content":"9 Registers\n(1) The Director must keep a register or registers that contain\nparticulars of the following:\n(a) the holders of licences and permits;\n\nFisheries Act 1988 12\n(b) the grant, renewal, variation, transfer, expiry, suspension or\ncancellation of rights, licences, registrations, permits, quotas\nor other authorities required or granted under this Act;\n(c) approved operators and the period for which they have been\napproved;\n(d) the appointment of an approved operator to be the person in\ncharge of fishing operations under a licence or permit and, if\nthe appointment is for part of the operations only, the part for\nwhich they are appointed;\n(e) the name or identifying number of each registered vessel and\nthe owners of those vessels;\n(f) any registered third party interests.\n(2) A person may, on payment of the prescribed fee, if any, examine or\nobtain a copy of so much of a register kept under subsection (1) as\ncontains the following information:\n(a) the names and business addresses of:\n(i) the holders of licences and permits; or\n(ii) approved operators; or\n(iii) persons who hold a registered third party interest;\n(b) the type of licence or permit:\n(i) held by a person; or\n(ii) in relation to which an approved operator is appointed to\nbe the person in charge of fishing operations; or\n(iii) in the case of a licence, in relation to which there is any\nregistered third party interest;\n(c) the name or identifying number of each registered vessel and\nthe name and business address of its owner;\n(d) other information prescribed by the Director by Gazette notice.\n","sortOrder":13},{"sectionNumber":"9A","sectionType":"section","heading":"Registration of third party interests","content":"9A Registration of third party interests\n(1) A person who holds a third party interest in a licence, or quota\nallocated to a licence, may apply, in the approved form\naccompanied by the prescribed fee, to the Director to register the\nthird party interest.\n\nFisheries Act 1988 13\n(2) Within 28 days after receiving the application, the Director must:\n(a) give the applicant written notice that the application has been\nreceived; and\n(b) give the licensee written notice that:\n(i) the application has been received; and\n(ii) the licensee may, within 28 days after the date of the\nnotice, lodge with the Director a written objection to the\nregistration of the third party interest.\n(3) If the Director receives an objection in accordance with\nsubsection (2)(b)(ii), the Director must not register the third party\ninterest unless the objection is subsequently withdrawn in writing by\nthe licensee.\n(4) If the Director:\n(a) does not receive an objection in accordance with\nsubsection (2)(b)(ii); or\n(b) receives an objection in accordance with subsection (2)(b)(ii)\nthat is subsequently withdrawn in accordance with\nsubsection (3),\nthe Director must register the third party interest.\n(4A) A third party interest is registered by entering the particulars of the\ninterest in the appropriate register kept under section 9(1).\n(5) If an application is made under this section, the Director must not\napprove the transfer of the licence under section 16A, or the\ntransfer of the quota, until the Director has registered or refused to\nregister the third party interest, even if the application for approval\nwas received before the application for registration was received.\n(6) The Director must remove from a register kept under section 9(1)\nparticulars of a third party interest:\n(a) if requested to do so in writing by the person who holds the\nthird party interest; or\n(b) if requested to do so in writing by the licensee in whose\nlicence or quota the third party interest is held and the person\nwho holds the third party interest has consented in writing to\nthe removal.\n\nFisheries Act 1988 14\n","sortOrder":14},{"sectionNumber":"9B","sectionType":"section","heading":"Notice to registered third party interest holder","content":"9B Notice to registered third party interest holder\n(1) This section applies if:\n(a) a third party interest in a licence, or quota allocated to a\nlicence, has been registered; and\n(b) the Director:\n(i) receives an application relating to the transfer of the\nlicence or quota; or\n(ii) proposes to suspend or cancel the licence or quota.\n(2) The Director must notify the holder of the registered third party\ninterest before processing the application or suspending or\ncancelling the licence or quota.\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Requirement for licence","content":"10 Requirement for licence\n(1) A licence may authorise a person to do one or more of the following\nthings:\n(a) take fish or aquatic life:\n(i) for sale; or\n(ii) for the purpose of aquaculture; or\n(iii) for the purpose of exhibiting them for profit;\n(b) undertake aquaculture;\n(c) sell live fish or aquatic life;\n(d) process for sale or sell dead fish or aquatic life;\n(e) exhibit fish or aquatic life for profit;\n(f) any other thing prescribed by regulation or a management\nplan as being able to be done only under a licence.\n(2) A person commits an offence if the person:\n(a) takes fish or aquatic life with the intention of using it for a\npurpose mentioned in subsection (1)(a); and\n\nFisheries Act 1988 15\n(b) is not authorised by a licence to take the fish or aquatic life for\nthat purpose.\n(3) A person commits an offence if the person:\n(a) intentionally undertakes aquaculture; and\n(b) is not authorised by a licence to do so.\n(a) the person intentionally sells a thing; and\n(b) the thing is live fish or aquatic life and the person is reckless in\n(c) the person is not authorised by a licence to sell the thing.\n(5) A person commits an offence if:\n(a) the person intentionally processes for sale or sells a thing; and\n(b) the thing is dead fish or aquatic life and the person is reckless\nin relation to that circumstance; and\n(c) the person is not authorised by a licence to process for sale or\nsell the thing.\n(6) A person commits an offence if:\n(a) the person intentionally exhibits a thing for profit; and\n(b) the thing is fish or aquatic life and the person is reckless in\n\nFisheries Act 1988 16\n(c) the person is not authorised by a licence to exhibit the fish or\naquatic life for profit.\n(b) the conduct is prescribed by regulation or a management plan\nas being able to be done only under a licence and the person\nis reckless in relation to that circumstance; and\n(c) the person is not authorised by a licence to engage in the\nconduct.\n(8) Strict liability applies to subsections (2)(b), (3)(b), (4)(c), (5)(c),\n(6)(c) and (7)(c).\n(9) This section does not apply to a person who does a thing of a kind\nprescribed by a regulation or management plan for this subsection.\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Requirement for permit","content":"11 Requirement for permit\n(1) A permit may authorise a person to do one or more of the following\nthings:\n(a) bring into or release in, or cause to be brought into or released\nin, the Territory live fish or aquatic life;\n(b) possess or sell noxious species;\n(c) cause or permit a shock, sound or other vibration, whether by\npercussion, the use of an explosive or otherwise;\n(d) use an electric fishing device;\n(e) introduce a dangerous substance into waters of the Territory;\n(f) any other thing prescribed by regulation or a management\nplan as being able to be done only under a permit.\n\nFisheries Act 1988 17\n(b) the conduct results in live fish or aquatic life being brought into\nor released in the Territory and the person is reckless in\nrelation to the result; and\n(c) the person is not authorised by a permit to bring into or\nrelease in, or cause to be brought into or released in, the\nTerritory the fish or aquatic life.\n(a) the person intentionally possesses or sells a thing; and\n(b) the thing is a noxious species and the person is reckless in\n(c) the person is not authorised by a permit to possess or sell the\nthing.\n(a) the person intentionally causes or permits a shock, sound or\nother vibration, whether by percussion, the use of an explosive\nor otherwise; and\n(b) a result of the shock, sound or vibration is, or may be, that fish\nor aquatic life is stunned, injured, killed or detrimentally\naffected and the person is reckless in relation to the result;\nand\n(c) the person is not authorised by a permit to cause or permit the\nshock, sound or vibration.\n(5) A person commits an offence if the person:\n(a) intentionally uses an electric fishing device; and\n(b) is not authorised by a permit to do so.\n\nFisheries Act 1988 18\n(6) A person commits an offence if:\n(a) the person intentionally introduces directly or indirectly a\nsubstance into waters of the Territory; and\n(b) the substance is a dangerous substance and the person is\nreckless as to that circumstance; and\n(c) a result of the conduct mentioned in paragraph (a) is, or may\nbe, that:\n(i) fish or aquatic life are stunned, injured, killed or\ndetrimentally affected; or\n(ii) the habitats, food or spawning grounds of fish or aquatic\nlife are detrimentally affected; and\n(d) the person is reckless in relation to the result; and\n(e) the person is not authorised by a permit to introduce the\nsubstance into waters of the Territory.\nNote for subsection (6)\nSection 37 provides for an additional penalty for a continuing offence against this\nsubsection.\n(b) the conduct is prescribed by regulation or a management plan\nas being able to be done only under a permit and the person\nis reckless as to that circumstance; and\n(c) the person is not authorised by a permit to engage in the\nconduct.\n(8) Strict liability applies to subsections (2)(c), (3)(c), (4)(c), (5)(b),\n(6)(e) and (7)(c).\n(9) In this section:\ndangerous substance means:\n(a) a substance that is poisonous, toxic, narcotic or noxious; or\n\nFisheries Act 1988 19\n(b) any other substance that, if introduced into waters of the\nTerritory, may have a result mentioned in subsection (6)(c).\nintroduce includes cast, place, discharge or allow to fall, flow or\npercolate or be carried by wind, tide or current.\nsubstance includes heavy metal and solid debris.\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Licence allocation for new fishery","content":"12 Licence allocation for new fishery\nThe Director must determine an open and public process for:\n(a) the allocation of licences for a new fishery; and\n(b) if an existing fishery is expanded – the allocation of additional\nlicences and the review of the conditions of existing licences,\nfor the fishery.\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Applying for and granting licence or permit","content":"13 Applying for and granting licence or permit\n(1) A person may apply to the Director for a licence or permit.\n(2) After considering the application, the Director may grant a licence\nor permit to the applicant if satisfied that:\nthe grant; and\n(b) any requirements or matters prescribed by regulation as being\nrelevant to an application for the type of licence or permit to\nwhich the application relates have been satisfied; and\n(c) it is otherwise appropriate to do so, taking into consideration\nany Ministerial guidelines and any other matters the Director\nDirector must refuse to grant the licence or permit.\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Conditions of licence or permit","content":"14 Conditions of licence or permit\n(1) A licence or permit may be granted subject to conditions imposed\nby the Director relating to any of the following:\n(a) areas;\n(b) species;\n\nFisheries Act 1988 20\n(c) quantities;\n(d) methods;\n(e) the use or non-use of vessels and the specific vessel or types\nof vessels that may be used;\n(f) types and amounts of fishing gear;\n(g) harvesting or handling;\n(h) specific ports or places where fish or aquatic life may be\nlanded;\n(i) periods of time;\n(j) fishing monitoring and vessel monitoring;\n(k) any other matter the Director considers appropriate.\n(2) However, the conditions to which a licence is subject must be\nsubstantially the same for all licences for any management area or\nJoint Authority fishery or in respect of the same class or species of\nfish or aquatic life unless the Director is satisfied, on specified\ngrounds, that different conditions are reasonable.\n(3) A condition imposed under subsection (1) must be stated on the\n(4) A licence or permit is also subject to any conditions prescribed by\nregulation.\n(5) The Director may from time to time, by written notice to a licensee,\nvary or revoke the conditions of the licence or permit or impose new\nconditions.\n(6) The Director may require a licensee to return the licence or permit\nand, if so, the Director must issue a substitute licence or permit\ncontaining the conditions as varied or imposed.\n(b) the conduct results in a contravention of a condition of a\nMaximum penalty: 200 penalty units.\n(8) Strict liability applies to subsection (7)(b).\n\nFisheries Act 1988 21\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Term of licence or permit","content":"15 Term of licence or permit\n(1) A licence may be granted for a period of not more than 10 years.\n(2) However, a licence relating to aquaculture may be granted for the\nperiod the Director thinks fit, including a period related to the term\nof a lease.\n(3) A permit may be granted for a period of not more than 5 years.\n(4) The fee payable in respect of a licence or permit granted for more\nthan 1 year may be paid in annual instalments, each instalment\nbeing paid before each anniversary of the date it was granted.\n","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Expiry and renewals","content":"16 Expiry and renewals\n(1) Subject to this Act, the Regulations and any relevant management\nplan, a licence or permit expires:\n(a) at the end of the period for which it was granted; or\n(b) if an annual instalment of the licence or permit fee is not paid,\nat the end of the last year in respect of which instalments have\nbeen paid.\n(2) A person may apply to the Director for renewal of a licence or\npermit before the expiry of the licence or permit or, subject to\nsubsection (3), after the expiry.\n(3) The Director may receive and process an application for the\nrenewal of a licence or permit at any time within 5 months after the\nexpiry of the licence or permit.\n(4) If the Director receives an application under subsection (3), the\nlicence or permit is taken not to expire until the earlier of the\n(a) the day 5 months after the expiry of the licence or permit;\n(b) the day a decision is made on the application.\n(4A) Despite subsection (4), the licence or permit does not authorise any\nfishing operations, other than the possession of fishing gear, from\nthe day of its expiry until it is renewed.\nNote for subsection (4A)\nThe applicant is allowed to be in possession of fishing gear that is prohibited\nwithout a licence or permit.\n\nFisheries Act 1988 22\n(5) The Director must renew the licence or permit if satisfied that:\n(a) the applicant has satisfied any requirements or matters\nprescribed by regulation as being relevant to an application for\nthe type of licence or permit being renewed; and\n(b) it is otherwise appropriate to do so, taking into consideration\nany Ministerial guidelines and any other matter the Director\nconsiders relevant; and\n(c) the licence or permit is not suspended.\n(6) If the Director is not satisfied as mentioned in subsection (5), the\nDirector must refuse to renew the licence or permit.\n","sortOrder":22},{"sectionNumber":"16A","sectionType":"section","heading":"Transfer of licence","content":"16A Transfer of licence\n(1) Subject to the Regulations, a relevant management plan or a\ncondition of a licence, a licensee may, with the approval of the\nDirector, transfer the licence to another person.\n(2) A licensee may apply to the Director for approval to transfer the\nlicence.\n(3) The Director may approve the transfer of the licence if satisfied that:\nthe transfer; and\n(b) it is otherwise appropriate to do so, taking into consideration\nany Ministerial guidelines and any other matter the Director\n(4) If the Director is not satisfied as mentioned in subsection (3), the\nDirector must refuse to approve the transfer.\n(5) A transfer under this section may be permanent or for a fixed\nperiod.\n(6) On the transfer of a licence, the person from whom it is transferred\nceases to be the licensee and the person to whom it is transferred\nbecomes the licensee for this Act.\n(7) If a transfer is for a fixed period, then at the expiry of that period the\nperson to whom the licence was transferred ceases to be the\nlicensee and the person from whom it was transferred becomes the\nlicensee for this Act.\n\nFisheries Act 1988 23\n","sortOrder":23},{"sectionNumber":"16B","sectionType":"section","heading":"Restriction on licensee performing fishing operations","content":"16B Restriction on licensee performing fishing operations\n(1) Despite section 10 or 11, a licence or permit does not authorise the\nlicensee to perform personally any of the fishing operations\nauthorised by the licence or permit unless:\n(a) the licensee is an approved operator; or\n(b) the licensee has the approval of the Director; or\n(c) the licence or permit is of a class prescribed by regulation for\nthis paragraph.\n(2) The Director may give approval under subsection (1)(b):\n(a) subject to any conditions specified by the Director; and\n(b) for the period specified by the Director; and\n(c) in any manner the Director considers appropriate.\n(3) The Director may revoke an approval under subsection (1)(b) at\nany time by giving written notice to the licensee.\n","sortOrder":24},{"sectionNumber":"16C","sectionType":"section","heading":"Licence not personal property","content":"16C Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), a licence is not personal property for that Act.\nNote for section 16C\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Special permits","content":"17 Special permits\n(1) A person may apply to the Director for a special permit to do one or\nmore of the following things for a purpose mentioned in\nsubsection (2):\n(a) take fish or aquatic life:\n(i) of all species or a species specified in the permit; or\n(ii) from any waters (including waters where fishing may for\nthe time being be prohibited or restricted) specified in the\npermit; or\n(iii) during a time specified in the permit; or\n\nFisheries Act 1988 24\n(iv) using such fishing gear as may be specified in the permit\n(whether or not the use of the fishing gear is otherwise\nprohibited or restricted);\n(b) possess fishing gear that the person is otherwise not\npermitted to possess by or under this Act.\n(2) For subsection (1), the purposes are:\n(a) education, research or the carrying out of trials and\nexperiments with fishing vessels or fishing gear or any other\napparatus or technique that is capable of being used in\nconnection with the taking of fish or aquatic life; or\n(b) sport or recreation in the case of a disabled person who, in the\nopinion of the Director, would otherwise be unable, by reason\nof the person's disability, to fish by the methods permitted by\nthis Act; or\n(c) any other purpose approved by the Minister.\n(3) After considering the application, the Director may grant a special\npermit subject to any conditions the Director may, from time to time,\nimpose.\n(4) All fish or aquatic life taken under a special permit must be\ndisposed of as the Director directs, or as may be specified in the\npermit.\n(5) A special permit granted for a purpose mentioned in\nsubsection (2)(a) may specify that fish taken under it may be sold.\n(6) The Director may at any time revoke a special permit by giving\nwritten notice to the holder.\n(7) A person does not commit an offence against this Act if the person\ndoes a thing in accordance with a special permit.\n","sortOrder":26},{"sectionNumber":"17A","sectionType":"section","heading":"Approved operators","content":"17A Approved operators\n(1) An individual may apply to the Director to be an approved operator.\n(2) After considering the application, the Director, if satisfied the\napplicant is a fit and proper person, may approve the applicant to\nbe an approved operator for a period of not more than 5 years.\nDirector must refuse to approve the applicant.\n\nFisheries Act 1988 25\n(4) To avoid doubt, a licensee who is an individual may:\n(a) apply to be an approved operator; and\n(b) if approved, may be appointed under section 17E to be the\nperson in charge of fishing operations under the licence or\npermit.\n","sortOrder":27},{"sectionNumber":"17B","sectionType":"section","heading":"Fit and proper person test","content":"17B Fit and proper person test\nAn individual is a fit and proper person if the individual:\n(a) is an adult; and\n(b) does not hold a licence or permit, or a licence or other\nauthority relating to fishing under an Act of the\nCommonwealth, a State or another Territory, that is currently\nsuspended; and\n(c) has not been found guilty of an offence against this Act, or any\nother Act that the Director considers relevant, in the previous\n5 years; and\n(d) has otherwise complied with this Act; and\n(e) is otherwise a fit and proper person to be an approved\noperator taking into account any matters specified in the\nMinisterial guidelines.\n","sortOrder":28},{"sectionNumber":"17C","sectionType":"section","heading":"Identity card","content":"17C Identity card\n(1) The Director must give an approved operator an identity card\nstating the person's name and that the person is an approved\noperator.\n(2) The identity card must:\n(a) show a recent photograph of the approved operator; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the operator.\n(3) A person who ceases to be an approved operator must return their\nidentity card to the Director within 21 days after the cessation.\n(4) An offence against subsection (3) is an offence of strict liability.\n\nFisheries Act 1988 26\n","sortOrder":29},{"sectionNumber":"17D","sectionType":"section","heading":"Revocation of approval","content":"17D Revocation of approval\nThe Director may revoke a person's approval to be an approved\noperator if the Director considers that the person is no longer a fit\nand proper person.\n","sortOrder":30},{"sectionNumber":"17E","sectionType":"section","heading":"Appointment of approved operator to be person in charge of","content":"17E Appointment of approved operator to be person in charge of\nfishing operations\n(1) Subject to subsection (2), a licensee must appoint an approved\noperator to be the person in charge of fishing operations under the\n(2) A licensee to whom section 16B(1)(b) or (c) applies is not required\nto appoint an approved operator to be the person in charge of\nfishing operations under the licence or permit.\n(3) A licensee may cancel or vary an appointment of an approved\noperator under subsection (1) at any time.\n(4) Within 24 hours after appointing an approved operator or cancelling\nor varying an appointment, the licensee must give the Director\nnotice in the approved form setting out:\n(a) for an appointment:\n(i) the approved operator's full name; and\n(ii) the start and end date of the period for which the\noperator is appointed; and\n(iii) if the operator is appointed to be the person in charge of\npart of fishing operations only, the part of fishing\noperations in relation to which the operator is appointed;\nand\n(b) for a cancellation or variation, details of the cancellation or\nvariation.\n(5) A licensee must not contravene subsection (4).\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) An appointment under this section may be in relation to all of the\nfishing operations authorised by the licence or permit or a specified\npart of those fishing operations.\n\nFisheries Act 1988 27\n","sortOrder":31},{"sectionNumber":"17F","sectionType":"section","heading":"Production of identity card","content":"17F Production of identity card\n(1) A Fisheries Officer may require a person in charge of fishing\noperations under a licence or permit to produce for inspection a\ncurrent identity card issued to the person under section 17C as an\napproved operator.\n(2) A person commits an offence if the person:\n(a) is in charge of fishing operations under a licence or permit;\nand\n(b) fails to comply with a requirement under subsection (1)\nimmediately after the requirement is made.\nMaximum penalty: 50 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n","sortOrder":32},{"sectionNumber":"17G","sectionType":"section","heading":"Offence if person in charge not appointed","content":"17G Offence if person in charge not appointed\n(1) A licensee commits an offence if:\n(a) the licensee is required under section 17E to appoint a person\nin charge of fishing operations under the licence or permit; and\n(b) a person engages in fishing operations under the licence or\npermit and the licensee is reckless in relation to that\n(c) at the time the fishing operations are engaged in, there is no\nperson in charge of those fishing operations appointed under\nsection 17E.\n(a) a licensee is required under section 17E to appoint a person in\ncharge of fishing operations under the licence or permit; and\n(b) the person is in charge of fishing operations under the licence\nor permit; and\n(c) at the time the person is in charge of fishing operations, the\nperson is not appointed under section 17E to be the person in\ncharge of those fishing operations and the person is reckless\nin relation to that circumstance.\n\nFisheries Act 1988 28\n(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a)\nand (b).\n","sortOrder":33},{"sectionNumber":"17H","sectionType":"section","heading":"Liability of person in charge for offences by others","content":"17H Liability of person in charge for offences by others\n(1) A person in charge of fishing operations under a licence or permit\ncommits an offence if:\n(a) during the conduct of fishing operations under the licence or\npermit, a person (the primary offender) commits an offence\nagainst this Act (relevant offence) and the person in charge\nis reckless in relation to that circumstance; and\n(b) the person in charge failed to take reasonable steps to prevent\nthe commission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(3) This section does not affect the liability of the primary offender for\nthe relevant offence.\n(4) This section applies whether or not the primary offender is\nprosecuted for, or found guilty of, the relevant offence.\n(5) This section does not apply if the primary offender would have a\ndefence to a prosecution for the relevant offence.\n(6) A person is not liable to imprisonment if found guilty of an offence\nbecause of subsection (1) if the person would not have been found\nguilty of the offence if subsection (1) had not been enacted.\n(7) In determining whether a person in charge failed to take reasonable\nsteps as mentioned in subsection (1)(b), regard must be had to any\nmatters set out in the Ministerial Guidelines.\n","sortOrder":34},{"sectionNumber":"17J","sectionType":"section","heading":"Liability of licensee for offences by approved operator and","content":"17J Liability of licensee for offences by approved operator and\nothers\n(1) A licensee commits an offence if:\n(a) an approved operator, or another person engaged in fishing\noperations under the licence or permit, commits an offence\nagainst this Act (the relevant offence) and the licensee is\nreckless in relation to that circumstance; and\n\nFisheries Act 1988 29\n(b) the licensee failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed\nfor the relevant offence.\n(3) This section does not affect the liability of the approved operator or\nother person for the relevant offence.\n(4) This section applies whether or not the approved operator or other\nperson is prosecuted for, or found guilty of, the relevant offence.\n(5) This section does not apply if the approved operator or other\nperson would have a defence to a prosecution for the relevant\noffence.\n(6) A licensee is not liable to imprisonment if found guilty of an offence\nbecause of subsection (1) if the licensee would not have been\nfound guilty of the offence if subsection (1) had not been enacted.\n(7) In determining whether a licensee failed to take reasonable steps\nas mentioned in subsection (1)(b), regard must be had to any\nmatters set out in the Ministerial Guidelines.\n","sortOrder":35},{"sectionNumber":"17K","sectionType":"section","heading":"Requirement for registration of fishing vessels","content":"17K Requirement for registration of fishing vessels\n(1) Subject to this Act, a person commits an offence if:\n(a) the person intentionally uses a vessel, other than a foreign\nboat, for any purpose in relation to which a licence or permit is\nrequired under this Act; and\n(b) the vessel is not registered and the person is reckless in\nrelation to that circumstance.\n(2) Subject to this Act, a person commits an offence if:\n(a) the person intentionally uses a vessel for any purpose in\nrelation to which a licence or permit is required under this Act;\nand\n(b) the vessel is not registered and the person is reckless in\n\nFisheries Act 1988 30\n(c) the vessel is a foreign boat.\n(3) Strict liability applies to subsection (2)(c).\n(4) The Director may, by Gazette notice, direct that subsection (1)\nor (2) does not apply to a vessel used for the purposes of a licence\nor permit of a type specified in the notice.\n(5) A registered vessel is taken not to be registered during any period\nit, or a tender vessel that is not required under section 19(2) to be\nregistered, is not marked in the manner prescribed by regulation.\n(6) A registered vessel marked in the manner prescribed by regulation\nis exempt from any other requirement of a law of the Territory to\nmark the vessel.\n","sortOrder":36},{"sectionNumber":"18","sectionType":"section","heading":"Registration of fishing vessels","content":"18 Registration of fishing vessels\n(1) The owner of a vessel may apply to the Director to have the vessel\nregistered.\n(2) After considering the application, the Director may register the\nvessel for a period of not more than 10 years if satisfied that:\nthe registration; and\n(b) any requirements or matters prescribed by regulation as being\nrelevant to an application for registration have been satisfied;\nand\n(c) it is otherwise appropriate to do so, taking into consideration\nany Ministerial Guidelines and any matter the Director\nDirector must refuse to register the vessel.\n","sortOrder":37},{"sectionNumber":"19","sectionType":"section","heading":"Tender vessels","content":"19 Tender vessels\n(1) A tender vessel that is used, or intended to be used, for any\npurpose in relation to which a licence or permit is required, either\nseparately or in conjunction with the vessel to which it is a tender\nvessel, is a separate vessel for the purposes of registration.\n\n","sortOrder":38},{"sectionNumber":"Div 5","sectionType":"division","heading":"Cancellation or suspension of licence, permit or registration","content":"Division 5 Cancellation or suspension of licence, permit or registration\nFisheries Act 1988 31\n(2) However, a tender vessel is taken to form part of the vessel to\nwhich it is a tender vessel if:\n(a) the tender vessel is used, or intended to be used, solely for\npurposes other than the taking, except by trolling, of fish or\naquatic life; or\n(b) for a vessel that is used for net fishing:\n(i) the tender vessel is used, or intended to be used, solely\nfor transporting, setting, clearing and lifting nets that\nform part of the gear of the vessel; and\n(ii) the vessel remains, or will remain, close to where the\ntender vessel is being used in that manner.\n(3) The Ministerial Guidelines may specify circumstances (including\ndistances) in which a vessel is close to a tender vessel for\nsubsection (2)(b)(ii).\nDivision 5 Cancellation or suspension of licence, permit or\nregistration\n","sortOrder":39},{"sectionNumber":"20","sectionType":"section","heading":"Cancellation or suspension by court order","content":"20 Cancellation or suspension by court order\n(1) This section applies if a court finds a licensee guilty of an offence\nrelating to the licence or permit or an application relating to the\n(2) In addition to imposing a penalty or making an order for forfeiture,\nthe court may do any of the following:\n(a) for a licence – order the Director to:\n(i) cancel the licence or any quota allocated to it; or\n(ii) suspend the licence or quota for a period of up to 1 year;\n(b) for a permit – order the Director to:\n(i) cancel the permit; or\n(ii) suspend the permit for a period of up to 1 year.\n\nFisheries Act 1988 32\n","sortOrder":40},{"sectionNumber":"20A","sectionType":"section","heading":"Cancellation or suspension by Director","content":"20A Cancellation or suspension by Director\n(1) If a licensee is charged with an offence relating to the licence or\npermit, or to an application relating to the licence or permit, the\nDirector may suspend the licence or permit, or processing the\napplication, for a period or until the determination or withdrawal of\nthe charge.\n(2) If a licensee is the holder of a licence or other authority relating to\nfishing under an Act of the Commonwealth, a State, or another\nTerritory and that licence or other authority is cancelled or\nsuspended, the Director may cancel or suspend:\n(a) a licence or permit granted to the licensee under this Act; or\n(b) any quota allocated to a licence mentioned in paragraph (a).\n","sortOrder":41},{"sectionNumber":"20B","sectionType":"section","heading":"Cancellation of vessel registration if licence or permit","content":"20B Cancellation of vessel registration if licence or permit\ncancelled\n(1) If a licence or permit is cancelled, the registration of each vessel\nused under the licence or permit is also cancelled.\n(2) However, the Director must re-register each vessel if the\ncancellation of the licence or permit is revoked.\n(3) In addition, subsection (1) does not prevent the vessel being\nregistered in relation to a licence or permit held by a person other\nthan:\n(a) the holder of the cancelled licence or permit; or\n(b) a partnership or company in which the holder of the cancelled\nlicence or permit is a partner or has an interest.\n","sortOrder":42},{"sectionNumber":"20C","sectionType":"section","heading":"Surrender of licence or permit","content":"20C Surrender of licence or permit\nA licensee may surrender the licence or permit by:\n(a) giving the Director written notice in the approved form; and\n(b) returning the licence or permit to the Director.\n","sortOrder":43},{"sectionNumber":"20D","sectionType":"section","heading":"Ministerial guidelines","content":"20D Ministerial guidelines\n(1) The Minister may make guidelines for this Part.\n\nFisheries Act 1988 33\n(2) The guidelines may apply, adopt or incorporate (with or without\nchanges) a matter contained in another document or instrument as\nin force or existing at a particular time or from time to time.\n(3) The guidelines must be published in the Gazette as soon as\npracticable after they are made.\n","sortOrder":44},{"sectionNumber":"20E","sectionType":"section","heading":"Form of application","content":"20E Form of application\n(1) This section applies in relation to an application made under this\nPart.\n(2) The application must be made in the approved form and be\naccompanied by the prescribed fee.\n(3) The Director may require the applicant to give the Director any\nadditional information or material that the Director considers\nnecessary to make a proper assessment of the application.\n","sortOrder":45},{"sectionNumber":"20F","sectionType":"section","heading":"Notice of decision","content":"20F Notice of decision\n(1) As soon as practicable after making a decision under this Part, the\nDirector must give written notice of the decision to the applicant or\nperson to whom the decision relates.\n(2) The notice must state the following:\n(a) the decision and the reasons for it;\n(b) any right the person to whom the notice is to be given has to\napply for a review of, or to appeal, the decision.\n","sortOrder":46},{"sectionNumber":"20G","sectionType":"section","heading":"Grant of licence may be noted on existing licence","content":"20G Grant of licence may be noted on existing licence\nIf an applicant for a licence already holds a licence, any further\ngrant of a licence during the term of that licence may be made by\nnoting the grant on the original licence.\nNote for Part 3\nPart 6, Division 2, Subdivision 2 provides for the making of a management plan\nby a Joint Authority.\n\nFisheries Act 1988 34\n","sortOrder":47},{"sectionNumber":"21","sectionType":"section","heading":"Purposes of Part","content":"21 Purposes of Part\n(1) The purpose of this Part is to conserve, enhance, protect, utilise,\nand manage the fish and aquatic life resources of the Territory to:\n(a) promote, develop and maintain Aboriginal, commercial and\namateur fishing; and\n(b) provide for optimum yields from a fishery and maintain the\nquality of the yield; and\n(c) ensure that the fisheries of the Territory are not endangered or\noverexploited; and\n(ca) encourage tourist and scientific interest in fish and aquatic life;\nand\n(d) ensure that the habitats of fish or aquatic life and the general\nenvironment are not detrimentally affected.\n(2) For the avoidance of doubt, manage in subsection (1) includes, and\nmust be taken always to have included, a total prohibition against\nthe taking of fish or aquatic life in all or part of a management area\nor in a fishery.\n","sortOrder":48},{"sectionNumber":"22","sectionType":"section","heading":"Management areas and managed fisheries","content":"22 Management areas and managed fisheries\nThe Minister may, by Gazette notice, declare:\n(a) an area, place, or any waters to be a fishery management\narea; or\n(b) a fishery to be a managed fishery.\n","sortOrder":49},{"sectionNumber":"23","sectionType":"section","heading":"Director to prepare proposed management plans","content":"23 Director to prepare proposed management plans\n(1) This section applies if a management area or managed fishery that\nis not a Joint Authority fishery is declared under section 22.\nFor a management area or managed fishery that is a Joint Authority fishery, see\nsection 70A.\n(2) The Director must, as soon as practicable after the declaration,\nprepare a proposed plan for the whole or part of the management\narea or managed fishery for the purposes specified in section 21\nand having regard to the need for coordination between\nmanagement areas or between managed fisheries or among any of\nthem.\n\nFisheries Act 1988 35\n","sortOrder":50},{"sectionNumber":"24","sectionType":"section","heading":"Fisheries management advisory committees","content":"24 Fisheries management advisory committees\n(1) For the purposes of assisting the Director in preparing proposed\nplans and giving advice in relation to management plans, the\nMinister may, as the Minister thinks fit, from time to time establish\nand, after having due regard to the users of an area or fishery,\nappoint members to an advisory committee for each management\narea or managed fishery.\n(2) Each such committee must be chaired by a person nominated by\nthe Minister and may include members representing Aboriginal,\ncommercial, processing, wholesaling, retailing, recreational,\nconsumer, or other interests in the area relating to fishing, fish, or\naquatic life.\n","sortOrder":51},{"sectionNumber":"25","sectionType":"section","heading":"Procedure in relation to management plans","content":"25 Procedure in relation to management plans\n(1) A proposed plan being prepared under section 23 must contain a\ndescription of the management area or managed fishery and make\nprovision in relation to the managed area or managed fishery with\nrespect to any of the matters specified in Schedule 2 that the\nDirector considers applicable.\n(2) A proposed plan prepared under section 23 must be submitted to\nthe Minister and, if the Minister agrees in principle with it, the\nMinister may give notice of the proposed plan, and the place where\na copy of it may be inspected, in:\n(a) the Gazette; or\n(b) a newspaper circulating throughout the Territory.\n(3) There may be included with each proposed plan prepared under\nsection 23, but so as not to form part of the plan:\n(a) an outline of the history and status of the fishery; and\n(b) the policy and objectives of the plan; and\n(c) any other information relating to the fishery that the Director\nthinks fit.\n(4) Not less than 1 month after the date of notification under\nsubsection (2), and after considering any submissions made in\nrespect of the proposed plan, the Minister may:\n(a) make any amendments to the plan that the Minister thinks fit;\nand\n\nFisheries Act 1988 36\n(b) approve the plan, after advising the relevant advisory\n","sortOrder":52},{"sectionNumber":"25A","sectionType":"section","heading":"Amendments to management plans","content":"25A Amendments to management plans\n(1) Where the Director is of the opinion that an amendment to a\nmanagement plan made under this Part is required, the Director\nmay submit the proposed amendment to the Minister and, if the\nMinister agrees in principle with the proposed amendment, the\nMinister may:\n(a) where the proposed amendment is accompanied by a\nstatement signed by the Director stating that the proposed\namendment is, in the Director's opinion, a minor amendment –\napprove the amendment with such amendment to it as the\nMinister thinks fit; or\n(b) where the proposed amendment is not accompanied by a\nstatement mentioned in paragraph (a) – give notice of the\nproposed amendment to the plan, and the place where a copy\nof it may be inspected, in:\n(i) the Gazette; or\n(ii) a newspaper circulating throughout the Territory.\n(2) There may be included with a proposed amendment under\nsubsection (1) such explanatory notes as the Director thinks fit, but\nsuch notes do not form part of the proposed amendment or an\namendment to the plan.\n(3) Not less than 1 month after the date of notification under\nsubsection (1)(b), and after considering any submissions made in\nrespect of the proposed amendment, the Minister may:\n(a) make any amendments to the proposed amendment that the\nMinister thinks fit; and\n(b) approve the amendment, after advising the relevant advisory\n","sortOrder":53},{"sectionNumber":"26","sectionType":"section","heading":"Minister may make emergency amendments to management","content":"26 Minister may make emergency amendments to management\nplans\n(1) This section applies if, at any time, an emergency occurs that, in\nthe opinion of the Minister after consultation with the appropriate\nadvisory committee (if any), endangers or may endanger stocks of\nfish or aquatic life, or any species or class of fish or aquatic life, in\nany management area or managed fishery in respect of which there\nis a management plan made under this Part.\n\nFisheries Act 1988 37\n(2) Despite any provision to the contrary in this Act or the management\nplan, the Minister may, by Gazette notice, amend the plan to the\nextent required by the emergency.\n(3) Subject to this section, an amendment made under subsection (2):\n(a) takes effect on the date the notice is published in the Gazette\nor any later date specified in the notice; and\n(b) remains in effect for the period not exceeding 90 days\n(4) A period specified under subsection (3) may be extended for one\nfurther period not exceeding 90 days by a subsequent Gazette\nnotice given before the expiry of the original period.\n(5) The particulars of a Gazette notice published under this section\nmust be advertised twice in at least one newspaper circulating\ngenerally in the area concerned.\n(6) An amendment made under subsection (2):\n(a) may be revoked by the Minister at any time; and\n(b) is taken to be revoked on the expiry of the period as specified\nin the Gazette notice published under subsection (2) or a\nsubsequent Gazette notice published under subsection (4).\n","sortOrder":54},{"sectionNumber":"27","sectionType":"section","heading":"Management plans enforceable as regulations","content":"27 Management plans enforceable as regulations\n(1) Every provision of a management plan has the force and effect of a\nregulation in force under this Act.\n(2) In the event of an inconsistency between a provision of a\nmanagement plan and the Regulations or a notice given under\nsection 28, the provision of the plan prevails to the extent of the\ninconsistency.\n(3) Where a word or phrase used in a management plan or a notice\nunder section 28 is not defined by this Act or the plan but is defined\nby the Regulations, it has the meaning it has under the Regulations\nin relation to the management plan or the notice, as the case may\nbe.\n\nFisheries Act 1988 38\n","sortOrder":55},{"sectionNumber":"28","sectionType":"section","heading":"General power of Minister","content":"28 General power of Minister\n(1) Despite anything in this Act or the Regulations, the Minister may, in\nrelation to any matter or thing not dealt with in a management plan,\nby Gazette notice:\n(a) declare a period to be a period during which the taking of fish\nor aquatic life or fish or aquatic life of a particular species, sex,\nsize, age, or other characteristic specified in the notice, is\nprohibited or allowed; or\n(ab) declare that the taking of fish or aquatic life or fish or aquatic\nlife of a specified species, sex, size, age or other characteristic\nis prohibited or allowed; or\n(b) declare an item of fishing gear to be an item to be used or not\nto be used in a fishery specified in the notice; or\n(c) declare restrictions relating to:\n(i) the size; or\n(ii) the design; or\n(iii) the construction materials; or\n(iv) the quantity; or\n(v) such other specifications as the Minister thinks fit,\nof fishing gear to be used in or in connection with the taking of\nfish or aquatic life, or fish or aquatic life of a particular species,\nspecified in the notice; or\n(d) vary the prescribed closure lines delineating the mouth of a\nriver within the meaning of the Regulations; or\n(e) vary the boundaries of any area prescribed for the taking of\nfish or aquatic life or as waters from which fish may not be\ntaken either generally or in a particular manner, however\nthose areas are described, in relation to a fishery; or\n(f) establish a licence buy-back scheme for a prescribed fishery.\n\nFisheries Act 1988 39\n(2) A declaration under subsection (1)(a), (b) or (c) may be expressed\nto apply generally or in relation to a particular area or fishery\n(3) On the publishing of a Gazette notice varying a closure line referred\nto in subsection (1)(d) or the boundaries of an area referred to in\nsubsection (1)(e), that line or those boundaries as so varied are the\nline and boundaries in relation to the river or area specified in the\nnotice and this Act and the Regulations apply accordingly.\n","sortOrder":56},{"sectionNumber":"29","sectionType":"section","heading":"Minister may impose emergency restrictions","content":"29 Minister may impose emergency restrictions\n(1) If at any time an emergency occurs that, in the opinion of the\nMinister, endangers or may endanger stocks of fish or aquatic life,\nor any species or class of fish or aquatic life, in any fishery or part\nof a fishery where there is no management plan, the Minister may,\nby Gazette notice, after consultation with the appropriate advisory\ncommittee (if any) and despite anything to the contrary in this Act,\nor in any licence or permit:\n(a) halt all or any fishing in that fishery or any specified part of the\n(b) restrict the number of vessels used in relation to fishing in the\n(c) restrict the amount of fish or aquatic life which may be taken\nfrom that fishery; or\n(d) restrict the quantity or nature of fishing gear that may be used\nin the fishery.\n(2) A notice under this section must contain brief reasons for the\nrestrictions and be given for a period of not more than 28 days but\nmay from time to time be amended, revoked, or renewed by the\nMinister by a subsequent notice.\n(3) The particulars of a notice under this section must be advertised\ntwice in at least one newspaper circulating generally in the area\nconcerned.\n(4) A notice under this section takes effect on the date the particulars\nof the notice are advertised under subsection (3) for the second\ntime or any later date specified in the notice.\n\nFisheries Act 1988 40\n","sortOrder":57},{"sectionNumber":"30","sectionType":"section","heading":"Powers of entry and examination","content":"30 Powers of entry and examination\n(1) This section applies if:\n(a) a Fisheries Officer believes on reasonable grounds that a\nperson is or has been engaged in:\n(i) taking, processing for sale, selling or buying fish or\naquatic life; or\n(ii) aquaculture; and\n(b) the Fisheries Officer believes it is necessary to exercise a\npower under subsection (2):\n(i) to assist in the conservation or management of a fishery;\nor\n(ii) for the enforcement of this Act.\n(2) Subject to section 32, the Fisheries Officer may at all reasonable\ntimes without warrant:\n(a) do any of the following:\n(i) stop, enter and examine a vehicle or vessel;\n(ii) enter and examine premises or a place;\n(iii) detain and examine a record, document, article, fishing\ngear, container, apparatus or device;\n(iv) open and examine the contents of a container; and\n(b) require a person to unlock a vehicle, vessel, premises, place\nor container, if the person:\n(i) is the owner of, is in possession of, or is the person who\nlocked the item or place required to be unlocked; and\n(ii) is in the immediate vicinity; and\n(c) take samples and conduct tests; and\n(d) require:\n(i) a person to answer a question; and\n\nFisheries Act 1988 41\n(ii) the master of a vessel, or any other person, to give an\nexplanation or information about the vessel or a vehicle,\nplace, fish, aquatic life, fishing method, fishing gear,\ncontainer, apparatus, record, document, article, device\nor other thing; and\n(e) require a person mentioned in paragraph (d):\n(i) to produce within 7 days a licence, permit, special permit\nor other authority or certificate issued in relation to the\nvessel, vehicle, person or thing; and\n(ii) to produce immediately evidence of the person's identity.\nunder subsection (2)(b), (d) or (e) and the person is reckless\nin relation to the result.\n(4) A person is not excused from answering a question or giving an\nexplanation or information if required to do so under\nsubsection (2)(d), on the ground that the answer, explanation or\ninformation might tend to incriminate the person or make the person\nliable to a penalty.\n(5) However, the answer, explanation or information is not admissible\nin evidence against the person in a civil or criminal proceeding\nexcept a proceeding for an offence against section 35A in relation\nto the answer, explanation or information.\n","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Search","content":"31 Search\n(1) Subject to section 32, where a Fisheries Officer is satisfied that\nthere are reasonable grounds for suspecting that an offence against\nthis Act has been, is being, or is about to be committed and\nwhether after an examination under section 30 or otherwise, the\nofficer may, without warrant:\n(a) enter, with such force as is reasonably necessary, at any time,\nany vehicle, vessel, premises or place and, for that purpose,\nstop and detain any vehicle or vessel; and\n\nFisheries Act 1988 42\n(b) search the vehicle, vessel, premises, or place and stop and\ndetain any person found in or on them or it and any person\nwhom the officer reasonably believes to be about to enter or to\nhave recently left the vehicle, vessel, premises, or place; and\n(c) break open and search any container, whether a fixture or not,\nin or on the vehicle, vessel, premises, or place; and\n(d) detain, remove, and secure any vehicle, vessel, or fishing\ngear, or any plant, motor, appliance, fitting, or equipment\n(including fishing monitoring equipment and vessel monitoring\nsystems) in, on, or attached to any vehicle, vessel, premises,\nor place, or any fish or aquatic life or other thing that is found\non any vehicle, vessel, premises, or place if the officer has\nreasonable grounds for believing that it is evidence of or\notherwise relates to an offence that has been, is being, or is\nabout to be committed against this Act; and\n(e) require the master or other person in charge of a vehicle or\nvessel to cause it to stop or to bring it to a place in the\nTerritory and to remain in control of it at that place until a\nFisheries Officer permits the master or other person to depart\nfrom that place; and\n(f) require a person to open a locked, barred or otherwise\nsecured gate, door or container; and\n(g) take such action as is reasonably necessary to prevent the\ncommission of an offence against this Act.\nunder subsection (1)(e) or (f) and the person is reckless in\nrelation to the result.\n","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"General matters relating to powers of Fisheries Officers","content":"32 General matters relating to powers of Fisheries Officers\n(1) The power conferred by sections 30 and 31 to enter any premises\nor place without a warrant does not include power to enter a room\nthat is used solely for domestic purposes.\n\nFisheries Act 1988 43\n(3) For the purpose of exercising a power of examination or search\nunder section 30 or 31 a Fisheries Officer may:\n(a) require a person who is, or in the opinion of the Fisheries\nOfficer appears to be, the master or other person in control of\na vessel or vehicle to take an action, or to desist from an\naction, to facilitate the entering or boarding of the vessel or\nvehicle by the Fisheries Officer; or\n(b) require a person who is, or in the opinion of the Fisheries\nOfficer appears to be, in possession of fishing gear to remove\nthe gear from the water so that the Fisheries Officer can\ninspect it.\nunder subsection (3) and the person is reckless in relation to\nthe result.\n(5) A Fisheries Officer lawfully exercising powers under section 30\nor 31 may make or take copies of any relevant record or document,\nand for this purpose may take possession of and remove from the\nplace where it is kept, for such period of time as is reasonable in\nthe circumstances, any such record or document.\n(6) Every person exercising a power conferred by section 30 or 31\nmust produce evidence that the person is a Fisheries Officer to any\nperson on or in the vehicle, vessel, premises, or place or claiming\nan interest in the things on or in or in respect of which the power is\nexercised, who questions the right of the Fisheries Officer to\nexercise that power.\nNote for subsection (6)\nSection 8(4) provides that the production of an identity card is sufficient authority\nfor a Fisheries Officer to exercise powers.\n(8) A Fisheries Officer may, while exercising a power under this Act, be\naccompanied by any person, and may, if the officer reasonably\nbelieves that it is necessary in the circumstances, request any\nsuitable person to assist the officer in exercising that power.\n(9) A person, while assisting a Fisheries Officer in response to a\nrequest for assistance under subsection (8), has and may exercise\nall such powers of a Fisheries Officer as are reasonably necessary\nfor the purpose.\n\nFisheries Act 1988 44\n","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Powers of seizure","content":"33 Powers of seizure\n(1) A Fisheries Officer may seize:\n(a) any vessel, vehicle or other conveyance, fishing gear,\nimplement, appliance, material, container, goods or equipment\n(including fishing monitoring equipment and vessel monitoring\nsystems) that the Officer believes on reasonable grounds:\n(i) is being or has been used, or is intended to be used, in\nthe commission of an offence against this Act; or\n(ii) may disclose evidence of an offence against this Act; or\n(b) any fish or aquatic life that the Officer believes on reasonable\ngrounds:\n(i) is being or has been taken, killed, transported, bought or\nsold, or is found in the possession of any person, in\ncontravention of this Act; or\n(ii) is fish or aquatic life with which fish or aquatic life\nmentioned in subparagraph (i) has been intermixed.\n(2) A thing seized must be delivered into the custody of the Director or\na person authorised by the Director for this subsection (an\nauthorised person) unless it is released under subsection (3).\n(3) A thing seized may, on application, be released to the person from\nwhom it was seized or, if that person is not the owner of the thing,\nto the owner, under any sureties and conditions, including the\nentering into of a bond or other financial security to secure the\npayment of money, that the Director specifies.\n(4) If, in the Director's opinion, a thing seized may rot, spoil, or\notherwise perish, it may be sold or otherwise disposed of by the\nDirector.\n(5) Subject to subsection (3), a thing seized and the proceeds from the\nsale of a thing under subsection (4), must be held in the custody of\nthe Director or an authorised person until:\n(a) a decision is made not to charge a person with an offence in\nrelation to which the thing was seized; or\n(b) if a person is charged, the completion of the proceeding in\nrespect of the offence or any sooner time that the court\ndetermines.\n\nFisheries Act 1988 45\n(6) A decision whether to charge a person with an offence in relation to\nwhich a thing was seized must be made no later than 30 days after\nthe day on which the thing was seized.\n(7) Subsections (2) to (6) do not apply to a thing seized if a\ncontravention notice is given in relation to the thing.\n","sortOrder":61},{"sectionNumber":"33A","sectionType":"section","heading":"Release or forfeiture of things seized or proceeds of sale","content":"33A Release or forfeiture of things seized or proceeds of sale\n(1) Subject to subsection (2), a thing, or proceeds from the sale of a\nthing, held in the custody of the Director or an authorised person\nunder section 33(5) must be released to the person from whom the\nthing was seized or, if that person is not the owner of the thing, to\nthe owner:\n(a) on a decision being made not to charge a person with an\noffence in relation to which the thing was seized; or\n(b) on the acquittal of a person charged with an offence\nmentioned in paragraph (a).\n(2) If a thing is seized under section 33(1) other than from a person\nand, despite reasonable enquiry, it is not possible to establish the\nownership of the thing within 30 days after the seizure, the thing is\nforfeit to the Territory at the end of that period and may be sold or\notherwise disposed of by the Director.\nNote for section 33A\nSee section 46 for the court's power to order forfeiture of things seized, or\nproceeds from the sale of things seized, on a finding of guilt for an offence.\n","sortOrder":62},{"sectionNumber":"33B","sectionType":"section","heading":"Protection from liability","content":"33B Protection from liability\n(1) The Director and the Territory are not liable to any person for any\nspoilage or deterioration in the quality of any fish or aquatic life or,\nsubject to reasonable care being taken, any deterioration in any\nother thing seized under section 33(1).\n(2) A Fisheries Officer who, at the time of seizure, returns to the water\nany fish or aquatic life seized under section 33(1) that the Officer\nbelieves to be alive, is not liable to the person from whom the fish\nor aquatic life was seized if:\n(a) a decision is made not to charge a person with an offence in\nrelation to which the fish or aquatic life was seized; or\n(b) a person is acquitted of the charge.\n\nFisheries Act 1988 46\n(3) Subsection (2) has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it relates to the civil liability of\na Fisheries Officer who is a police officer.\n","sortOrder":63},{"sectionNumber":"33C","sectionType":"section","heading":"Powers of Fisheries Officers in relation to permit offences","content":"33C Powers of Fisheries Officers in relation to permit offences\n(1) If the Director is satisfied that there are reasonable grounds for\nsuspecting that a permit offence has been committed, a Fisheries\nOfficer may:\n(a) search for and destroy any relevant fish or aquatic life or\nnoxious species and for that purpose may take whatever\naction is, in the opinion of the Director, necessary or desirable;\nand\n(b) seize an electric fishing device; and\n(c) take whatever action is, in the opinion of the Director,\nnecessary or desirable to limit the consequences of the\noffence or to ameliorate the damage caused by the offence.\n(2) Subsection (1) applies even if the action taken by a Fisheries\nOfficer may constitute a trespass or may cause loss or damage to\nproperty.\n","sortOrder":64},{"sectionNumber":"34","sectionType":"section","heading":"Records and returns","content":"34 Records and returns\n(1) This section applies to a person who is:\n(a) the holder of a permit, licence, authority or approval granted\nunder this Act; or\n(b) the master of a vessel registered under this Act; or\n(c) the holder of a licence or permit in relation to premises where\nfish or aquatic life are bred, received, bought, processed,\nstored, sold by wholesale or retail or are otherwise disposed\nof; or\n(d) a person who transports or is otherwise in possession of fish\nor aquatic life that is intended for sale by wholesale or retail\nunder a licence or permit.\n\nFisheries Act 1988 47\n(2) The Director may do any of the following to assist the management\nand conservation of any fish or aquatic life or the development of\nthe fishing industry:\n(a) by written notice to a person:\n(i) require the person to keep accounts, records, returns\nand information (including records of returns and\ninformation to be supplied or that have been supplied\nunder subparagraph (ii));\n(ii) require the person to supply to the Director accounts,\nrecords, returns and information within the time specified\nin the notice;\n(iii) specify the manner and form in which the person is to\nkeep the accounts, records, returns and information;\n(b) by Gazette notice:\n(i) require a person to keep accounts, records, returns and\ninformation (including records of returns and information\nto be supplied or that have been supplied under\nsubparagraph (ii));\n(ii) require a person to supply to the Director accounts,\nrecords, returns and information within the time specified\nin the notice;\n(iii) specify the manner and form in which a person is to\nkeep the accounts, records, returns and information.\n(3) A return, record, account or information supplied under\nsubsection (2) is not to be:\n(a) disclosed in proceedings other than a prosecution against this\nAct; or\n(b) released to a person, except if the person releasing it is\nauthorised to do so under this Act or by the Director.\n(4) A return, record, account or information supplied under\nsubsection (2), is not, except with the written permission of the\nperson making the return, record or account, or supplying the\ninformation, to be published in any form unless aggregated so that\nspecific identities of persons or businesses are not revealed.\n\nFisheries Act 1988 48\n","sortOrder":65},{"sectionNumber":"34A","sectionType":"section","heading":"Movement of fish without proper documents prohibited","content":"34A Movement of fish without proper documents prohibited\n(1) A relevant person commits an offence if the relevant person:\n(a) moves, from one place to another place, fish or aquatic life of\na class prescribed for this section; and\n(b) does not, at the time the fish or aquatic life are moved, have\npossession of a document in the approved form specifying:\n(i) the species of fish or aquatic life being moved; and\n(ii) the place where the fish or aquatic life was caught, taken\nor harvested.\n(2) A relevant person commits an offence if the relevant person:\n(a) receives from another person fish or aquatic life of a class\nprescribed for this section; and\n(b) does not, at the time the fish or aquatic life are received,\nreceive from that other person a document in the approved\nform specifying:\n(i) the species of fish or aquatic life being received; and\n(ii) the place where the fish or aquatic life was caught, taken\nor harvested.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(4) The Director may, by Gazette notice, prescribe a class of fish or\naquatic life for this section.\nExamples for subsection (4)\n1 Species of fish or aquatic life.\n2 Number of fish or aquatic life.\n3 Weight of fish or aquatic life.\n4 Place where fish or aquatic life was caught, taken or harvested.\nrelevant person means a person to whom section 34 applies.\n\nFisheries Act 1988 49\n","sortOrder":66},{"sectionNumber":"35","sectionType":"section","heading":"Offence not to keep or supply records","content":"35 Offence not to keep or supply records\n(1) A person commits an offence if the person contravenes a\nrequirement of the Director under section 34 to keep or supply an\naccount, record, return or information.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":67},{"sectionNumber":"35A","sectionType":"section","heading":"Misleading information","content":"35A Misleading information\n(a) the person intentionally gives information to another person;\nand\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the authorised officer is acting in an official capacity and the\n(a) the person intentionally gives a document to another person;\nand\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised officer is acting in an official capacity and the\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n\nFisheries Act 1988 50\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nauthorised officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the document.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":68},{"sectionNumber":"36","sectionType":"section","heading":"Unauthorised disclosure of confidential information","content":"36 Unauthorised disclosure of confidential information\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\nperson is reckless in relation to the result.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(iv) in a statistical form that does not identify the person to\nwhom the information relates; or\n\nFisheries Act 1988 51\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n","sortOrder":69},{"sectionNumber":"37","sectionType":"section","heading":"Continuing offence","content":"37 Continuing offence\n(1) This section applies if a court finds a person guilty of an offence\nagainst section 11(6).\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 50 penalty units for each day\nduring which the offence continues after the day the offence was\ncommitted.\n","sortOrder":70},{"sectionNumber":"38","sectionType":"section","heading":"Regulatory offences","content":"38 Regulatory offences\n(1) An offence against the Regulations or a management plan is a\nregulatory offence.\n(1A) An offence against this Act that would otherwise be an indictable\noffence, is a summary offence.\n(2) It is a defence to a prosecution for an offence referred to in\nsubsection (1) if the defendant proves on the balance of\nprobabilities that:\n(a) any contravention or failure to comply constituting the offence\noccurred in an emergency and was necessary to preserve life\nor prevent injury or to protect property in the defendant's\npossession; or\n(b) the defendant did not intend to commit the offence, and that:\n(i) in any case where it is alleged that anything required to\nbe done was not done, the defendant took all reasonable\nsteps to ensure that it was done; or\n(ii) in any case where it is alleged that anything prohibited\nwas done, that the defendant took all reasonable steps\nto ensure that it was not done; or\n\nFisheries Act 1988 52\n(c) any contravention or failure to comply constituting the offence\nwas authorized by being:\n(i) in the exercise of a right granted or recognized by law; or\n(ii) in execution of the law or in obedience to, or in\nconformity with, the law; or\n(iii) in obedience to the order of a competent authority whom\nthe defendant is bound by law to obey unless the order\nis manifestly unlawful (the determination of which is a\nmatter of law); or\n(iv) pursuant to an authority, permission, or licence lawfully\ngranted.\n(3) Subsection (2)(b) applies only to an offence prescribed in the\nRegulations or a fishery management plan to be an offence to\nwhich that subsection applies.\n(4) Subsection (1) does not apply to an offence against the Regulations\nor a management plan to which Part IIAA of the Criminal Code\napplies.\n","sortOrder":71},{"sectionNumber":"39","sectionType":"section","heading":"Obstruction of authorised officers","content":"39 Obstruction of authorised officers\n(a) the person intentionally obstructs another person; and\n(c) the authorised officer is acting in an official capacity and the\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(3) For subsection (1), a person who refuses to allow an authorised\nofficer, or any person lawfully assisting the authorised officer, to\nexercise any of the powers conferred on the authorised officer by or\nunder this Act is taken to be obstructing the authorised officer.\n(4) In this section:\nobstruct includes hinder and resist.\n\nFisheries Act 1988 53\n","sortOrder":72},{"sectionNumber":"40","sectionType":"section","heading":"Liability of owner or person in control of registered vessel for","content":"40 Liability of owner or person in control of registered vessel for\nillegal use of vessel, fishing gear or equipment\n(1) The owner, or a person who is in control, of a registered vessel\ncommits an offence if:\n(a) the owner or person in control permits another person to use\nthe vessel or an item of fishing gear or other equipment on or\nused with the vessel; and\n(b) the other person uses the vessel, gear or equipment in the\ncommission of an offence against this Act and the owner or\nperson in control is reckless in relation to that circumstance;\nand\n(c) the owner or person in control failed to take reasonable steps\nto prevent the commission of the offence by the other person.\n(2) Strict liability applies to subsection (1)(a) and (c).\n","sortOrder":73},{"sectionNumber":"40A","sectionType":"section","heading":"Failure of licensee or vessel owner to notify change of address","content":"40A Failure of licensee or vessel owner to notify change of address\nfor service\n(1) A licensee or the owner of a registered vessel commits an offence\nif:\n(a) the address for service of the licensee or owner changes; and\n(b) the licensee or owner fails to give the Director written notice of\nthe new address within 28 days after the change.\n","sortOrder":74},{"sectionNumber":"40B","sectionType":"section","heading":"Unauthorised trafficking in or possession of fish of priority","content":"40B Unauthorised trafficking in or possession of fish of priority\nspecies\n(a) the person intentionally traffics in fish; and\n(b) the fish is fish of a priority species; and\n(c) the number of fish trafficked is equal to or greater than a\ncommercial quantity of that species; and\n\nFisheries Act 1988 54\n(d) the person is not authorised to traffic a commercial quantity of\nthat fish under this Act and is reckless in relation to that\n(a) the person intentionally possesses or has control of fish; and\n(b) the fish is fish of a priority species; and\n(c) the number of fish possessed or controlled is equal to or\ngreater than a commercial quantity of that species; and\n(d) the person is not authorised to possess or have control of a\ncommercial quantity of that fish under this Act and is reckless\nin relation to that circumstance.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Absolute liability applies to subsections (1)(c) and (2)(c).\ncommercial quantity means a quantity prescribed by regulation for\nthis definition.\nfish of a priority species means a species of fish prescribed by\nregulation for this definition.\ntraffic, in fish, includes the following:\n(a) sell fish;\n(b) take fish for sale;\n(c) receive fish;\n(d) process fish;\n(e) engage in any act preparatory to an act mentioned in\nparagraph (a), (b), (c) or (d).\n\nFisheries Act 1988 55\n","sortOrder":75},{"sectionNumber":"41","sectionType":"section","heading":"Falsely identifying fish or aquatic life for sale","content":"41 Falsely identifying fish or aquatic life for sale\nA person commits an offence if:\n(a) the person intentionally sells fish or aquatic life, or a product\ncontaining fish or aquatic life; and\n(b) the fish, aquatic life or product is labelled with the identity or\norigin of the fish or aquatic life and the person is reckless in\n(c) the identity or origin of the fish or aquatic life on the label is\nfalse and the person is reckless in relation to that\n","sortOrder":76},{"sectionNumber":"42","sectionType":"section","heading":"Buying, selling or possessing fish or aquatic life taken illegally","content":"42 Buying, selling or possessing fish or aquatic life taken illegally\n(a) the person intentionally buys, sells or possesses fish or\naquatic life; and\n(b) the fish or aquatic life was taken in contravention of this Act\nand the person has knowledge of that circumstance.\n(2) For subsection (1), fish or aquatic life is taken to be sold if it forms\npart of a meal and either:\n(a) payment is made for the meal or any part of the meal; or\n(b) the meal is supplied to a person (whether in accordance with\nthe terms of a contract of service or otherwise) who is\nemployed by the person by whom the meal is supplied.\n","sortOrder":77},{"sectionNumber":"43","sectionType":"section","heading":"Offences relating to aquaculture","content":"43 Offences relating to aquaculture\n(a) the person intentionally takes fish or aquatic life; and\n(b) the area in which the fish or aquatic life is taken is a licensed\narea and the person is reckless in relation to that\n\nFisheries Act 1988 56\n(c) the person is not authorised under this Act to take fish or\naquatic life in the licensed area and is reckless in relation to\n(a) the person intentionally removes diseased or contaminated\nfish or aquatic life from an area; and\n(b) the area is a licensed area and the person is reckless in\n(c) the person is not authorised under this Act to remove\ndiseased or contaminated fish or aquatic life from the licensed\narea and is reckless in relation to that circumstance.\n(a) the person intentionally enters an area; and\n(b) the area is a licensed area that has been marked out under\nsection 55(4) and the person is reckless in relation to that\n(c) the person is not authorised to enter the area by the holder of\nthe aquaculture licence and is reckless in relation to that\nMaximum penalty: 50 penalty units.\n(b) the conduct results in the removal of, or interference with, a\nbeacon, buoy, mark, light, signal, raft, structure or implement\nused in relation to a licensed area and the person is reckless\nin relation to the result; and\n(c) the person is not authorised to engage in the conduct by the\nholder of the aquaculture licence and is reckless in relation to\n\nFisheries Act 1988 57\n(5) A person commits an offence if:\n(b) the conduct results in damage to, or in, a licensed area and\nthe person is reckless in relation to the result; and\n(c) the person is not authorised to engage in the conduct by the\nholder of the aquaculture licence and is reckless in relation to\n(6) If a court finds a person guilty of an offence against subsection (1),\n(2), (3), (4) or (5), it may award damages in respect of the offence.\n(7) In this section:\nlicensed area means land, premises or waters to which an\naquaculture licence relates.\n","sortOrder":78},{"sectionNumber":"43A","sectionType":"section","heading":"Time for commencing prosecution","content":"43A Time for commencing prosecution\nA prosecution under this Act must be commenced within 2 years\nafter the day on which the offence is alleged to have been\ncommitted.\n","sortOrder":79},{"sectionNumber":"44","sectionType":"section","heading":"Averments and evidence","content":"44 Averments and evidence\n(1) In a prosecution for an offence against this Act or any other law of\nthe Territory, an averment:\n(a) as to a matter specified in subsection (2);\n(b) made by notice in writing and certified by the Director; and\n(c) served on the defendant,\nshall, in the absence of proof to the contrary, be sufficient evidence\nof the matter averred.\n(2) An averment may be made under this section in relation to the\n(a) the latitude and longitude, or the UTM position, of a place;\n(b) the distance of a place from another place;\n\nFisheries Act 1988 58\n(c) that a person or thing was at a stated place, or within a stated\narea or at a stated latitude and longitude or a stated UTM\nposition, at a stated time, or at the time of the taking of a\nstated action or the occurrence of a stated event;\n(d) an entry in a register kept under section 9;\n(e) that a place is within a management area, managed fishery, or\nan aquatic life reserve;\n(f) that an act alleged to have been done was done within an\narea of waters which had been declared to be closed or\nrestricted under this Act;\n(g) that an area of water is water above or below the tidal limit; or\n(h) the identity of fish or aquatic life or of a substance contained in\na product made from or containing fish or aquatic life, or used\nin the processing of fish or aquatic life.\n(3) An averment shall not be evidence for the purposes of this section\nunless a copy of the averment has been served on the defendant or\nthe defendant's agent or counsel not less than 7 days before the\nhearing at which the averment is to be tendered.\n(4) The court shall take judicial notice of the official signature of a\nperson who holds or has held the office of Director and a certificate\nunder subsection (1) purporting to be signed by the Director shall\nbe prima facie evidence of that fact without proof of the signature of\nthe person appearing to have signed it.\n(5) The court may, if the amendments can be made without hardship or\ninjustice to the defendant, allow at the hearing of proceedings such\namendments to be made to an averment under this section as\nappear to it to be desirable or to be necessary to enable the real\nquestion in dispute to be determined.\n(6) Evidence that fish or aquatic life (other than commercially\nprocessed fish or aquatic life) was under the control of a person:\n(a) in a vessel or in a vehicle that contained fishing gear; or\n(b) in or in the vicinity of water or swamp,\nis evidence that the person took the fish or aquatic life.\n(7) Where evidence is given that a person had under the person's\ncontrol:\n(a) in a vessel; or\n\nFisheries Act 1988 59\n(b) in or in the vicinity of water or swamp,\nfishing gear that could not lawfully be used for fishing at that place\nat that time in a normal way in which the gear is commonly used\nand a Fisheries Officer satisfies the court that the officer reasonably\nsuspected that the person used the gear at that place at that time\nfor fishing, then the evidence is evidence that the person used the\ngear for fishing at that place at that time.\n(8) Evidence that fish or aquatic life was on display in a shop is\nevidence that the fish or aquatic life was offered for sale.\n(9) Evidence that a Global Positioning System (GPS) device gave a\nposition in latitude and longitude, or as a UTM position, is evidence\nof that position.\n","sortOrder":80},{"sectionNumber":"45","sectionType":"section","heading":"Liability of directors","content":"45 Liability of directors\n(1) If a body corporate is found guilty of an offence against this Act,\nevery director and every person concerned in the management of\nthe body corporate is guilty of a like offence if it is proved that the\nact or omission that constituted the offence took place with the\nperson's authority, permission, or consent, or that the person knew\nthe offence was to be or was being committed and failed to take all\nreasonable steps to prevent or stop it.\n","sortOrder":81},{"sectionNumber":"45A","sectionType":"section","heading":"Court may order payment for permit offences","content":"45A Court may order payment for permit offences\n(1) If a court finds a person guilty of a permit offence, the court may\norder the person to pay to the Director, a person authorised by the\nDirector or any other person, an amount that the court thinks fit in\nrespect of:\n(a) action taken under section 33C(1); or\n(b) any other loss or damage.\n(2) An order under this section is in addition to the penalty imposed for\nthe permit offence and any order for forfeiture under section 46.\n","sortOrder":82},{"sectionNumber":"45B","sectionType":"section","heading":"Court may order payment of costs of storage of things seized","content":"45B Court may order payment of costs of storage of things seized\n(1) If a court finds a person guilty of an offence against this Act, the\ncourt may order the person to pay to the Director the reasonable\ncosts of handling, securing, maintaining and storing anything seized\nunder section 33(1) in relation to the offence.\n(2) An order under this section is in addition to the penalty imposed for\nthe offence and any order for forfeiture under section 46.\n\nFisheries Act 1988 60\n","sortOrder":83},{"sectionNumber":"46","sectionType":"section","heading":"Court may order forfeiture","content":"46 Court may order forfeiture\n(1) If a court finds a person guilty of an offence against this Act, the\ncourt may order that any of the following is forfeit to the Territory:\n(a) any vessel, vehicle or other conveyance, fishing gear,\nimplement, appliance, material, container, goods or equipment\nused in respect of the commission of the offence;\n(b) any fish or aquatic life in respect of which the offence has\nbeen committed;\n(c) proceeds from the sale under section 33(4) of things\nmentioned in paragraph (a) or (b).\n(1A) A thing mentioned in subsection (1)(a) or (b) may be forfeited\nwhether or not it has been seized, taken possession of, detained or\nreleased under a surety under section 33.\n(2) A person whose property has been forfeit to the Territory under\nsubsection (1) or a person who, immediately before the forfeiture,\nhad a legal or equitable interest in such property may apply to the\nDirector within 30 days after a finding of guilt for the sale of the\nproperty so forfeited; and the Director may order the sale to the\napplicant of the property on payment to the Territory of such\namount as the Director thinks appropriate, being an amount not\nexceeding the estimated market value of the property.\n(3) Any forfeiture ordered or payment imposed under this section is in\naddition to the penalty imposed for the offence.\n","sortOrder":84},{"sectionNumber":"46A","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"46A Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nof this Act, the Regulations or a management plan prescribed in the\nRegulations or a management plan to be an infringement notice\noffence.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in the Regulations or management plan.\n","sortOrder":85},{"sectionNumber":"46B","sectionType":"section","heading":"When infringement notice may be given","content":"46B When infringement notice may be given\nIf a Fisheries Officer believes on reasonable grounds that a person\nhas committed an infringement notice offence, the Officer may give\na notice (an infringement notice) to the person.\n\nFisheries Act 1988 61\n","sortOrder":86},{"sectionNumber":"46C","sectionType":"section","heading":"Contents of infringement notice","content":"46C Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subsection (2)(b).\n\nFisheries Act 1988 62\n","sortOrder":87},{"sectionNumber":"46D","sectionType":"section","heading":"Payment by cheque","content":"46D Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n","sortOrder":88},{"sectionNumber":"46E","sectionType":"section","heading":"Withdrawal of infringement notice","content":"46E Withdrawal of infringement notice\n(1) The Director may withdraw the infringement notice by written notice\ngiven to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n","sortOrder":89},{"sectionNumber":"46F","sectionType":"section","heading":"Application of Division","content":"46F Application of Division\n(1) This Division does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Division does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n\nFisheries Act 1988 63\n","sortOrder":90},{"sectionNumber":"46G","sectionType":"section","heading":"Application of Division","content":"46G Application of Division\nThis Division applies if:\n(a) a Fisheries Officer seizes any of the following under\nsection 33(1):\n(i) fishing gear that the Officer believes on reasonable\ngrounds is being or has been used in the commission of\na confiscation offence;\n(ii) fish or aquatic life that the Officer believes on reasonable\ngrounds were taken during the commission of a\nconfiscation offence; and\n(b) the Fisheries Officer does not intend to make a complaint or\nserve an infringement notice for the alleged offence.\n","sortOrder":91},{"sectionNumber":"46H","sectionType":"section","heading":"Contravention notice","content":"46H Contravention notice\nThe Fisheries Officer may, at the time of the seizure, give the\nperson from whom the fishing gear, fish or aquatic life was seized\n(the alleged offender) a notice (a contravention notice)\ncontaining the following information:\n(a) the name of the alleged offender;\n(b) the date, time and place of the alleged confiscation offence;\n(c) a description of the alleged confiscation offence and the\ncircumstances causing the Fisheries Officer to believe the\noffence was being committed or had been committed;\n(d) a description of the fishing gear, fish or aquatic life seized by\nthe Fisheries Officer including, if possible, the type and\nquantity;\n(e) the name of the Fisheries Officer;\n(f) a statement that the alleged offender may choose to have the\nmatter dealt with by the Local Court by applying under\nsection 46K(1);\n(g) a statement that, if the alleged offender does not apply under\nsection 46K(1), the Local Court may make an order that the\nseized property or proceeds of the sale of the seized property\nis forfeit to the Territory.\n\nFisheries Act 1988 64\n","sortOrder":92},{"sectionNumber":"46J","sectionType":"section","heading":"Seized property to be held by Director","content":"46J Seized property to be held by Director\n(1) The Fisheries Officer must ensure that the fishing gear, fish or\naquatic life seized is delivered into the custody of the Director or to\na person authorised by the Director.\n(2) If, in the opinion of the Director, any fish or aquatic life seized may\nrot, spoil or otherwise perish, it may be sold or otherwise disposed\nof by the Director.\n(3) All seized property, and proceeds of sale of seized property under\nsubsection (2), must be held in the custody of the Director or an\nauthorised person until it is forfeit to the Territory or delivered to the\nalleged offender or owner.\n","sortOrder":93},{"sectionNumber":"46K","sectionType":"section","heading":"Application by alleged offender or owner to Court in relation to","content":"46K Application by alleged offender or owner to Court in relation to\ncontravention notice\n(1) The alleged offender served with a contravention notice or, if that\nperson is not the owner of the seized property, the owner may\napply to the Local Court to have the Court deal with the matter.\n(2) The application must be:\n(a) made no later than 28 days after the date of the alleged\nconfiscation offence; and\n(b) in writing; and\n(c) accompanied by a copy of the contravention notice.\n(3) If the application is made by the alleged offender, the alleged\noffender must give notice of the application:\n(a) to the Director; and\n(b) if the alleged offender is not the owner of the seized property –\nto the owner.\n(4) If the application is made by the owner of the seized property, the\nowner must give notice of the application:\n(a) to the Director; and\n(b) to the alleged offender.\n\nFisheries Act 1988 65\n","sortOrder":94},{"sectionNumber":"46L","sectionType":"section","heading":"Application by Director to Court in relation to contravention","content":"46L Application by Director to Court in relation to contravention\nnotice\n(1) If an application is not made under section 46K(1) within the time\nmentioned in section 46K(2)(a), the Director may apply to the Local\nCourt to have the Court deal with the matter.\n(2) The application must be:\n(a) in writing; and\n(b) accompanied by a copy of the contravention notice.\n(3) The Director must give notice of the application to:\n(a) the alleged offender; and\n(b) if the Director knows that the alleged offender is not the owner\nof the seized property – to the owner (if known).\n","sortOrder":95},{"sectionNumber":"46M","sectionType":"section","heading":"How Court deals with matter","content":"46M How Court deals with matter\n(1) On an application under section 46K(1) or 46L(1), the Local Court\nmay order that the seized property or proceeds of sale is forfeit to\nthe Territory, if the Court is satisfied, on the balance of probabilities,\nthat the alleged offender committed the confiscation offence in\nrelation to which the property was seized.\n(2) If the Local Court does not make an order under subsection (1), the\nCourt must order that the seized property or proceeds of sale be\ndelivered to the alleged offender or, if that person is not the owner\nof the seized property, the owner.\n(3) An order under subsection (1) does not constitute a finding of guilt\nfor an offence.\n","sortOrder":96},{"sectionNumber":"46N","sectionType":"section","heading":"Relationship with other seizure powers","content":"46N Relationship with other seizure powers\nThis Division does not limit Division 2.\n","sortOrder":97},{"sectionNumber":"47","sectionType":"section","heading":"Regulations","content":"47 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may make provision for or in relation to the following:\n(a) generally regulating fishing, the selling or trading of fish and\naquaculture;\n\nFisheries Act 1988 66\n(ab) managing a fishery, or a designated area within a fishery,\nthrough a quota system;\n(ac) authorising the Minister to determine, by Gazette notice, any\nmatter required for the operation of a quota system;\n(b) prohibiting or regulating the taking (including declaring closed\nor open seasons), buying, selling, marketing, transporting,\nprocessing, preparing or offering for consumption in any public\neating-house, acquiring, receiving, disposing of, or having in\npossession any fish;\n(c) regulating the provision and maintenance of facilities on\nvessels, vehicles or other conveyances, or in premises, for the\nhandling, transportation, preservation, preservation alive,\nstorage, or storage in transit of fish; and prescribing measures\nto protect from sun, weather, or contamination, any fish being\nhandled or transported;\n(d) regulating the quantity of fish that may at any one time be on\nboard a vessel or vehicle or other conveyance or be conveyed\non any vessel or vehicle or other conveyance or animal, or\nkept in any container, or place, or in the possession of any\nperson or of any prescribed number of persons;\n(e) empowering the Minister or Director to prescribe, by notice in\nthe Gazette, fees or levies, and prescribing the method of\nassessing the fees or levies, the amounts payable, the person\nliable for payment, and the circumstances in which the\nMinister or the Director may remit or refund the whole or any\npart of such fees or levies;\n(f) defining or prescribing the specifications for the vessels or\nclasses or types of vessels to which any regulations are to\napply, and providing for the exemption of any vessels or\nclasses or types of vessels from any such regulations;\n(g) regulating, prohibiting, or prescribing the use, size, design,\nconstruction materials, or quantity of fishing gear;\n(h) prescribing the method or methods of identifying vessels,\nspecifying identification marks or symbols or distinguishing\nflags to be carried by vessels and by tender vessels and\nsimilar vessels carried by or attached to or used in conjunction\nwith any vessels, and where any such identification marks\nshall be placed, and the identification marks on sails, nets or\nseines, or other fishing gear;\n(j) the conduct of licensees, persons working with or for\nlicensees, lessees, persons who are carrying out amateur\n\nFisheries Act 1988 67\nfishing, and persons who process, carry, land, trans-ship\n(whether at sea or otherwise), sell, or buy fish, or make,\nrepair, or sell gill net;\n(k) noxious species, exotic fish, and other fish;\n(m) hygiene on vessels and in the use of plant, fishing gear,\ncontainers, equipment, and vehicles;\n(n) diseases, disease prevention and control, quarantine and\nquarantine places;\n(p) the granting of permits for the landing or sale of fish lawfully\ntaken in Territory waters or elsewhere under a law of the\nCommonwealth, a State or another Territory;\n(q) registering vessels, and specifying conditions subject to which\na vessel may be registered;\n(qa) fishing monitoring and vessel monitoring, including authorising\nthe Director to require all holders of a class of licence or\npermit, or all owners of a class of registered vessel, to install\nand operate fishing monitoring equipment or a vessel\nmonitoring system or both on a vessel;\n(r) prohibiting or regulating the granting, renewal, or transfer of\nlicences (in whole or in part), determining the number of\nlicences that may be granted in respect of any fishery or the\nnumber of persons that may fish in a fishery, and specifying\nthe conditions subject to which a licence may be granted,\nrenewed, or transferred;\n(s) regulating, restricting, or imposing conditions on the canning,\nsmoking, freezing, or other preserving of fish for sale and its\npossession for sale when canned, smoked, frozen, or\notherwise preserved, and providing for the inspection of and\nimposing conditions of operation on canneries, smokehouses,\nfreezing chambers, refrigerating works, and any premises (not\nbeing a dwelling-house) where fish are canned, smoked,\nfrozen, preserved, treated, dressed, or stored, for sale;\n(t) requiring and authorising the provision of devices and facilities\nto permit or control the passage of fish through or around any\ndam or other structure that may impede the natural movement\nof fish upstream or downstream;\n(u) prohibiting or regulating the possession, the retention in\ncaptivity, or the transfer to or release into any waters, of any\nlive fish;\n\nFisheries Act 1988 68\n(w) authorising the Director, subject to such conditions as may be\nprescribed in the Regulations, to regulate the use of electric\nfishing devices for taking fish.\nExamples for subsection (2)(ac)\n1 Total allowable catch.\n2 The allocation of total allowable catch between licensees.\n(3) Regulations under this section may be made with respect to aquatic\nlife as regulations may be made with respect to fish.\n(4) Regulations under this section may apply special conditions or\nconfer special rights in relation to fishing by or under the authority of\nspecified communities, persons, or classes of persons (including\ntour operators).\n(5) Money payable by way of refund under regulations made under\nsubsection (2)(e) is to be paid from the public money of the\nTerritory and the appropriation for that purpose is established or\nincreased to the extent necessary.\n(5A) The Regulations may deem a person to be in possession of fish in\nprescribed circumstances.\n(5B) The Regulations may:\n(a) subject to paragraph (b), for an offence against a regulation,\nprescribe a fine not exceeding 170 penalty units and, if the\noffence is a continuing one, prescribe a further fine not\nexceeding 4 penalty units for each day after the first day\nduring which the offence has continued; and\n(b) for an offence against a regulation that is an offence of strict\nliability, prescribe a penalty not exceeding 100 penalty units.\n(6) The Regulations may prescribe different penalties for different\nclasses of offender for an offence against the Regulations.\n","sortOrder":98},{"sectionNumber":"48","sectionType":"section","heading":"Special Regulations relating to aquaculture","content":"48 Special Regulations relating to aquaculture\nRegulations may be made under section 47:\n(a) providing for the issue, refusal, variation, suspension, sale,\nrevocation (both with and without compensation), forfeiture,\nand renewal of licences to engage in aquaculture and for the\nconditions applicable to them including methods of farming or\nthe restoration of Crown land;\n(b) regulating the stocking of fish or aquatic life farms and\nregulating the taking of live fish or aquatic life for that purpose;\n\nFisheries Act 1988 69\n(c) providing for the Minister or Director to prescribe steps to be\ntaken by any aquaculture licensee to keep the farm or\npremises free from disease, infection, contamination by\nsewage or other substance, and providing for the licensee to\nmaintain the quality of water (including salinity) which must be\nused;\n(d) regulating the removal and disposal of waste matter from any\narea used for aquaculture;\n(e) regulating the types and quantities of food that may be fed;\n(f) authorising or requiring the taking of a specimen, the testing of\nanything, or the sampling of a substance present on any\naquaculture premises and authorising or requiring the removal\nof any specimen or sample, or the destruction of diseased fish\nor aquatic life whether with or without payment of\ncompensation; and\n(g) regulating or prohibiting the processing of any farmed fish or\naquatic life or their sale or other disposal, or possession.\n","sortOrder":99},{"sectionNumber":"49","sectionType":"section","heading":"Management plans and certain notices to have status of","content":"49 Management plans and certain notices to have status of\nregulations\nEach of the following is taken to be regulations for the purposes of\nsections 57, 63, 63B and 63C of the Interpretation Act 1978:\n(a) each management plan approved under section 25(4) or\n70C(4);\n(b) each amendment to a management plan approved under\nsection 25A or 70D;\n(c) each notice given under this Act and required to be published\nin the Gazette, other than a notice given under section 5(2),\n25(2)(a), 25A(1)(b)(i), 47(2)(ac), 64(4), 64A(5), 70C(2)(a),\n70D(1)(b)(i) or Schedule 2, clause 2(d).\n","sortOrder":100},{"sectionNumber":"50","sectionType":"section","heading":"Review of decision made by delegate","content":"50 Review of decision made by delegate\n(1) This section applies in relation to a decision made under this Act by\na delegate of the Director (each a delegate decision) in relation to\nan application made by a person (the applicant).\n\nFisheries Act 1988 70\n(2) The applicant may apply for a review of the delegate decision.\n(3) The application for review must be made to the Director within\n28 days after the day on which notice of the delegate decision was\ngiven to the applicant.\n(4) If an application for review is made under this section, the delegate\ndecision must be reviewed by the Director or by a person\ndesignated by the Director who was not involved in the making of\nthe decision (the reviewer).\n(5) After reviewing the delegate decision, the reviewer must decide to:\n(a) affirm the delegate decision; or\n(b) set aside the delegate decision and substitute a new decision.\n(6) As soon as practicable after deciding the application, the reviewer\nmust give written notice of the decision to the applicant stating the\n(a) the decision and the reasons for it;\n(b) any right the applicant has to apply for a review of the\ndecision.\n","sortOrder":101},{"sectionNumber":"50A","sectionType":"section","heading":"Review by Tribunal","content":"50A Review by Tribunal\n(1) The Tribunal has jurisdiction to review a reviewable decision.\n(2) A reviewable decision is:\n(a) a decision specified in Schedule 3, unless the decision was a\ndelegate decision; or\n(b) a decision made on the review under section 50 of a decision\nspecified in Schedule 3 that was a delegate decision; or\n(c) a decision prescribed by regulation or a management plan to\nbe a reviewable decision.\n(3) A person is an affected person for a reviewable decision\nmentioned in:\n(a) subsection (2)(a) or (b) – if the person is specified in\n","sortOrder":102},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"for the decision; or","content":"Schedule 3 for the decision; or\n(b) subsection (2)(c) – if the person is prescribed by regulation or\na management plan to be an affected person for the\nreviewable decision.\n\nFisheries Act 1988 71\n(4) An affected person for a reviewable decision may apply to the\nTribunal for a review of the decision.\nTribunal means the Civil and Administrative Tribunal.\nNote for section 50A\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n","sortOrder":103},{"sectionNumber":"51","sectionType":"section","heading":"Fishing Industry Research and Development Trust Fund","content":"51 Fishing Industry Research and Development Trust Fund\n(1) The Accountable Officer, as defined in section 3(1) of the Financial\nManagement Act 1995, of the Agency to which the administration of\nthis Act is allotted under an Administrative Arrangements Order\nmay establish a fund, in the Accountable Officer's Trust Account as\ndefined in section 3(1) of the Financial Management Act 1995, to be\nknown as the Fishing Industry Research and Development Trust\nFund, for the purpose of ensuring the development of the fishing\nindustry or research into fish, aquatic life, fishing, fisheries, the\nfishing environment and other related matters.\n(2) The Accountable Officer is to credit to the Fund established under\nsubsection (1):\n(a) the prescribed fees; and\n(b) revenues from other sources provided for the purposes of the\nFund.\n","sortOrder":104},{"sectionNumber":"52","sectionType":"section","heading":"Fishing Industry Research and Development Trust Fund","content":"52 Fishing Industry Research and Development Trust Fund\nadvisory committee\n(1) The Minister must establish a committee to advise the Minister on\nmatters relating to the disbursement of money in the Fishing\nIndustry Research and Development Trust Fund.\n(2) The committee consists of:\n(a) the Director as chairperson; and\n(b) representatives of the fishing industry, and other persons,\nappointed by the Minister.\n\nFisheries Act 1988 72\n(3) A person appointed under subsection (2)(b) holds office for the\nperiod determined by the Minister and may be removed from office\nby the Minister at any time.\n(4) The committee:\n(a) meets at the intervals and times determined by the\nchairperson; and\n(b) determines its own procedure.\n","sortOrder":105},{"sectionNumber":"54","sectionType":"section","heading":"Research and development of fisheries","content":"54 Research and development of fisheries\n(1) The Minister may from time to time enter into agreements or\narrangements with any person for the purposes of joint research or\ndevelopment work on fishery resources; and any such agreement\nor arrangement may include the use of facilities owned by that\nperson or by the Territory.\n(2) An agreement or arrangement entered into under this section may\npermit any person to take fish or aquatic life that the person would\nnot otherwise be entitled to take from any waters (including waters\nwhere fishing may for the time being be lawfully prohibited or\nrestricted) and using fishing gear the use of which may otherwise\nbe lawfully prohibited or restricted, and may permit the person to\nretain that fish or aquatic life or any other fish or aquatic life taken\nby the person under the agreement or arrangement.\n","sortOrder":106},{"sectionNumber":"55","sectionType":"section","heading":"Crown land leases for aquaculture","content":"55 Crown land leases for aquaculture\n(1) In this section Minister means the Minister administering the\nDepartment allotted the administration of the Crown Lands\nAct 1992.\n(2) A person may apply to the Minister for a lease of Crown land for the\npurposes of aquaculture, and the Minister may, if satisfied that a\nlicence for those purposes will be granted under this Act, grant a\nlease under the Crown Lands Act 1992 for the purposes to which\nthe licence relates but subject to such terms, conditions,\nreservations, and covenants as the Minister thinks fit.\n(3) The Minister, in considering an application under subsection (2),\nmay call for a report from the Director and for this purpose the\nDirector may require the applicant to furnish such information as the\nDirector thinks fit.\n(4) A lease does not of itself confer upon the lessee the right to exclude\na person from passing over the surface of any water, but the\nconditions of the aquaculture licence may require or authorise the\nlessee to mark out a lease or part of a lease that indicates that\n\nFisheries Act 1988 73\npassage through that area is restricted or prohibited.\n(5) The Minister shall not:\n(a) refuse or fail to renew a lease; or\n(b) forfeit or otherwise terminate a lease,\nunless he has given to the lessee reasonable notice of his intention\nto do so.\n(6) In subsection (5), reasonable notice is 2 years or such less notice\nas, in the opinion of the Minister, is fair to the lessee, having regard\nto what the lessee has on the leased area or elsewhere.\n(7) Notwithstanding subsection (5), the Minister may forfeit or\notherwise terminate a lease forthwith if the aquaculture licence held\nby the lessee is cancelled or surrendered.\n(8) The Minister may, after receiving a report from the Director, offer a\nlease by auction or tender, or advertise that a lease is available.\n(9) A Fisheries Officer, in relation to a lease granted pursuant to this\nsection, may, at any time, enter on the leased land for the purpose\nof giving effect to the Crown Lands Act 1992.\n","sortOrder":107},{"sectionNumber":"56","sectionType":"section","heading":"Conversion factors for greenweight of fish","content":"56 Conversion factors for greenweight of fish\n(1) Except where otherwise expressly provided, a reference in this Act\nor in an instrument of a legislative or administrative character made\nunder it to the weight of fish or aquatic life shall be construed as a\nreference to the greenweight of the fish or aquatic life, being the\nweight of the fish or aquatic life before any processing (other than\nfreezing) commences and before any part of the fish or aquatic life\nis removed.\n(2) The Minister may, by notice in the Gazette, specify conversion\nfactors which shall, for all purposes and in any proceedings for an\noffence against this Act, be used to determine the greenweight of\nfish or aquatic life.\n","sortOrder":108},{"sectionNumber":"57","sectionType":"section","heading":"Acquisition on just terms","content":"57 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n\nFisheries Act 1988 74\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":109},{"sectionNumber":"58","sectionType":"section","heading":"Powers and functions of Minister","content":"58 Powers and functions of Minister\n(1) The Minister may exercise a power or perform a function conferred\non the Minister by Part 5 of the Commonwealth Act, including a\npower or function of the Minister as a member of a Joint Authority.\n(2) Where, in the exercise of a power conferred by Part 5 of the\nCommonwealth Act, the Minister appoints a deputy, the deputy may\nexercise the powers and perform the functions conferred by that Act\non a deputy of a member of a Joint Authority other than the\nCommonwealth Minister.\n","sortOrder":110},{"sectionNumber":"59","sectionType":"section","heading":"Judicial notice","content":"59 Judicial notice\nAll courts and persons acting judicially shall take judicial notice of\nthe signature of a person who is or has been a member of a Joint\nAuthority or a deputy of a member of a Joint Authority and of the\nfact that the person is, or was at a particular time, such a member\nor deputy.\n","sortOrder":111},{"sectionNumber":"60","sectionType":"section","heading":"Functions of Joint Authority","content":"60 Functions of Joint Authority\nA Joint Authority has such functions in relation to a fishery in\nrespect of which an arrangement is in force under Division 2 as are\nconferred on it by the law in accordance with which, pursuant to the\narrangement, the fishery is to be managed.\n","sortOrder":112},{"sectionNumber":"61","sectionType":"section","heading":"Delegation","content":"61 Delegation\n(1) A Joint Authority may, by instrument in writing, either generally or\nas otherwise provided by the instrument, delegate to a person a\npower under this Act other than this power of delegation.\n(2) Where a power delegated by a Joint Authority under subsection (1)\nis exercised by a delegate, the power shall, for the purposes of this\nAct, be deemed to have been exercised by the Joint Authority.\n\nFisheries Act 1988 75\n(3) A delegation under this section may be expressed as a delegation\nto the person from time to time holding, or performing the duties of,\na specified office, including an office:\n(a) in the service of;\n(b) in the service of an authority of; or\n(c) under a law of,\nthe Commonwealth, the Territory, a State or another Territory.\n(4) A delegate of a Joint Authority is, when exercising delegated\npowers, subject to the directions of the Joint Authority.\n(5) A delegation under this section by a Joint Authority:\n(a) may be revoked, by instrument in writing, by a Joint Authority\n(whether or not constituted by the persons constituting the\nJoint Authority at the time the power was delegated);\n(b) does not prevent the exercise of the power by the Joint\nAuthority; and\n(c) continues in force notwithstanding a change in the\nmembership of the Joint Authority.\n(6) Where, under this Act, the exercise of a power or performance of a\nfunction by a Joint Authority is dependent upon the opinion, belief\nor state of mind of the members of that Joint Authority in relation to\na matter and that power or function has been delegated in\npursuance of this section, that power may be exercised or that\nfunction may be performed by a delegate upon the opinion, belief or\nstate of mind of the delegate in relation to that matter.\n(7) A certificate signed by a member of a Joint Authority stating a\nmatter with respect to a delegation under this section by the Joint\nAuthority is prima facie evidence of that matter.\n(8) A document purporting to be a certificate referred to in\nsubsection (7) shall, unless the contrary is proved, be deemed to be\nsuch a certificate and to have been duly signed.\n(9) Nothing in this Part is intended to prevent a delegation by a Joint\nAuthority, in accordance with the law of the Commonwealth, of\npowers conferred on the Joint Authority by that law of the\nCommonwealth.\n\nFisheries Act 1988 76\n","sortOrder":113},{"sectionNumber":"62","sectionType":"section","heading":"Procedure of Joint Authority","content":"62 Procedure of Joint Authority\n(1) The provisions of sections 66 to 68, both inclusive, of the\nCommonwealth Act apply to and in relation to the performance by a\nJoint Authority of its functions under this Act.\n(2) A written record of a decision of a Joint Authority, if signed by the\nCommonwealth Minister or the Minister's deputy, who took part in\nor made the decision, is prima facie evidence that the decision, as\nrecorded, was duly made.\n(3) In proceedings in a court, an instrument or other document signed\non behalf of a Joint Authority by a member of the Joint Authority\nshall be deemed to have been duly executed by the Joint Authority\nand is prima facie evidence that it was signed in accordance with a\ndecision of the Joint Authority.\n","sortOrder":114},{"sectionNumber":"63","sectionType":"section","heading":"Report of Joint Authority","content":"63 Report of Joint Authority\nThe Minister shall cause a copy of a report of a Joint Authority\nprepared under section 70 of the Commonwealth Act to be laid\nbefore the Legislative Assembly as soon as practicable after\npreparation of the report.\n","sortOrder":115},{"sectionNumber":"Div 2","sectionType":"division","heading":"Arrangements with respect to the management of","content":"Division 2 Arrangements with respect to the management of\nfisheries\n","sortOrder":116},{"sectionNumber":"63A","sectionType":"section","heading":"Definition","content":"63A Definition\nIn this Division:\nrelevant instrument means:\n(a) a licence, endorsement or other instrument; or\n(b) a management plan or regulation.\n","sortOrder":117},{"sectionNumber":"64","sectionType":"section","heading":"Arrangements for management of fisheries","content":"64 Arrangements for management of fisheries\n(1) The Territory may, in accordance with section 74 of the\nCommonwealth Act, make an arrangement referred to in section 71\nor 72 of that Act for the management of a fishery.\n(2) Subsection (3) applies after an arrangement has been made under\nsubsection (1), but before the arrangement takes effect.\n\nFisheries Act 1988 77\n(3) A relevant instrument may be granted, given or made for the\npurposes of the operation of this Act as affected by the\narrangement, as if the arrangement had taken effect, but does not\nhave effect before the arrangement takes effect.\n(4) Within 30 days after an arrangement is made under subsection (1),\nthe Minister must give notice of its making in the Gazette.\n","sortOrder":118},{"sectionNumber":"64A","sectionType":"section","heading":"Variation and termination of arrangements","content":"64A Variation and termination of arrangements\n(1) An arrangement made under section 64 may be varied or\nterminated as provided by the Commonwealth Act.\n(2) Subsection (3) applies:\n(a) after an instrument varying or terminating an arrangement has\nbeen made; but\n(b) before the variation or termination takes effect.\n(3) A relevant instrument may be granted, given or made, for the\npurposes of the operation of this Act as affected by the variation or\ntermination of the arrangement, as if the variation or termination\nhad taken effect, but the relevant instrument does not have effect\nbefore the variation or termination takes effect.\n(4) On the variation or termination of an arrangement, a relevant\ninstrument granted, given or made for the purposes of the operation\nof this Act as affected by the arrangement:\n(a) in the case of a variation – ceases to have effect to the extent\n(if any) it is inconsistent with the arrangement as varied; or\n(b) in the case of a termination – ceases to have effect.\n(5) Within 30 days after an instrument varying or terminating an\narrangement is made, the Minister must give notice of its making in\nthe Gazette.\n","sortOrder":119},{"sectionNumber":"65","sectionType":"section","heading":"Application of this Act to fisheries in accordance with","content":"65 Application of this Act to fisheries in accordance with\narrangements\n(1) If there is in force an arrangement that provides that a fishery is to\nbe managed in accordance with the law of the Territory, the\nprovisions of this Act apply to and in relation to the fishery.\n(2) However, those provisions do not apply to or in relation to the\nfishery in respect of the following:\n(a) foreign boats in the Australian fishing zone;\n\nFisheries Act 1988 78\n(b) operations on or from foreign boats, or persons on foreign\nboats, in the Australian fishing zone;\n(c) matters that occurred in or in relation to the Australian fishing\nzone before the arrangement took effect.\n","sortOrder":120},{"sectionNumber":"66","sectionType":"section","heading":"Functions, powers and objects of Joint Authority","content":"66 Functions, powers and objects of Joint Authority\n(1) Where, in respect of a fishery, there is in force an arrangement\nunder which a Joint Authority has the management of the fishery\nand that fishery is to be managed in accordance with the law of the\nTerritory, the Joint Authority has the function of keeping constantly\nunder consideration the condition of the fishery, formulating policies\nand plans for the good management of the fishery and, for the\npurposes of the management of the fishery, exercising the powers\nconferred on it by this Act and co-operating and consulting with the\nother authorities, including other Joint Authorities within the\nmeaning of the Commonwealth Act, in matters of common concern.\n(2) A Joint Authority must, in the performance of its functions under this\nsection, act consistently with, and seek to further, the objects of this\nAct.\n","sortOrder":121},{"sectionNumber":"67","sectionType":"section","heading":"Joint Authority to exercise certain powers instead of Director","content":"67 Joint Authority to exercise certain powers instead of Director\n(1) Subject to this section, a licence, permit, approval or endorsement\ngranted, given or made under this Act otherwise than because of\nthis section or a management plan made under Subdivision 2, does\nnot authorise the doing of an act or a thing by or in relation to a\nJoint Authority fishery.\n(2) In respect of a Joint Authority fishery that is to be managed in\naccordance with the law of the Territory, the Joint Authority may, to\nthe exclusion of the Director, exercise the powers conferred on the\nDirector by or under:\n(a) this Act, other than Part 3 and this Part; or\n(b) the Regulations.\n(2A) In subsection (2), a reference to the powers conferred on the\nDirector includes:\n(a) powers conferred before or after the commencement of this\nPart; and\n(b) powers with respect to the issue, renewal, cancellation and\nsuspension of licences.\n\nFisheries Act 1988 79\n(3) In exercising a power referred to in subsection (2), a Joint Authority:\n(a) is not subject to the direction of the Minister; and\n(b) must not exercise a power so that a licence granted, given or\nmade by the Joint Authority applies in relation to a Joint\nAuthority fishery, or Joint Authority fisheries, not managed by\nthat Joint Authority.\n(4) A Joint Authority may endorse a licence (including such a licence\ngranted by that Joint Authority or another Joint Authority) so as to\nextend the operation of the licence to matters to which the licensing\npowers of the Joint Authority under this Act are applicable and,\nwhere such an endorsement is made:\n(a) the endorsement ceases to have effect if the licence ceases to\nhave effect; and\n(b) the Joint Authority may suspend or cancel the endorsement as\nif it were a licence granted by that Joint Authority.\n(5) Subject to section 70(1)(b) and (c), where, at a time a fishery\nbecomes a Joint Authority fishery, a regulation, notification or order\nunder this Act would, but for this section, apply to the fishery, the\nregulation, notification or order, as the case may be, ceases so to\napply.\n(6) This section does not empower a Joint Authority to grant, or to take\nother action in respect of, a licence in respect of a foreign boat or to\nendorse such a licence.\n","sortOrder":122},{"sectionNumber":"68","sectionType":"section","heading":"Application of provisions relating to offences","content":"68 Application of provisions relating to offences\nFor the purposes of the prosecution of a person for an offence\nunder this Act in respect of anything done to or in relation to fish to\nwhich a Joint Authority fishery relates or otherwise in relation to a\nJoint Authority fishery, any reference in the provision creating the\noffence to an authority of a particular kind shall be read as a\nreference to such an authority, or an endorsement of such an\nauthority, granted, issued, renewed or made by the relevant Joint\nAuthority.\n","sortOrder":123},{"sectionNumber":"69","sectionType":"section","heading":"Presumption relating to certain statements","content":"69 Presumption relating to certain statements\nA statement in an arrangement to the effect that specified waters:\n(a) in the case of an arrangement to which the Commonwealth\nand the Territory are the only parties – are waters adjacent to\nthe Territory; and\n\nFisheries Act 1988 80\n(b) in the case of another arrangement – are waters adjacent to\nthe Territory and a State that is a party to the arrangement or\nare waters adjacent to the Territory, a specified State or\nTerritory,\nshall, for the purposes of this Act, be conclusive evidence of the\nfact so stated.\n","sortOrder":124},{"sectionNumber":"70","sectionType":"section","heading":"Regulations and notices","content":"70 Regulations and notices\n(1) Where a Joint Authority is to manage a fishery in accordance with\nthe law of the Territory, the Administrator may, for the purpose of\ngiving effect to a decision of the Joint Authority:\n(a) make regulations for the management of the fishery;\n(b) deem a regulation made otherwise than pursuant to this\nsection to be a regulation applying to the fishery; or\n(c) amend a regulation made otherwise than pursuant to this\nsection so that it is expressed to apply to the fishery, whether\nor not it also applies to another fishery.\n(2) The power conferred on the Administrator to make regulations\notherwise than under subsection (1) does not extend to the making\nof a regulation of a kind referred to in subsection (1)(a) or (b) or the\namendment of a regulation in the manner referred to in\nsubsection (1)(c).\n(3) Where a regulation affecting a fishery that is to be managed by a\nJoint Authority is expressed to be made pursuant to this section, it\nshall be conclusively presumed that it was made for the purpose of\ngiving effect to a decision of the Joint Authority.\n","sortOrder":125},{"sectionNumber":"70A","sectionType":"section","heading":"Joint Authority to prepare management plans","content":"70A Joint Authority to prepare management plans\n(1) This section applies if a management area or managed fishery that\nis a Joint Authority fishery is declared under section 22.\n(2) The Joint Authority must, as soon as practicable after the\ndeclaration, prepare a proposed plan for the whole or part of the\nmanagement area or managed fishery for the purposes specified in\nsection 21 and having regard to the need for coordination between\nmanagement areas or between managed fisheries or among any of\nthem.\n\nFisheries Act 1988 81\n","sortOrder":126},{"sectionNumber":"70B","sectionType":"section","heading":"Fisheries management advisory committees","content":"70B Fisheries management advisory committees\n(1) For the purposes of assisting the Joint Authority in preparing\nproposed plans and giving advice in relation to management plans,\nthe Joint Authority may, as the Joint Authority thinks fit, from time to\ntime establish and, after having due regard to the users of an area\nor fishery, appoint members to an advisory committee for each\nmanagement area or managed fishery.\n(2) Each such committee must be chaired by a person nominated by\nthe Joint Authority and may include members representing\nAboriginal, commercial, processing, wholesaling, retailing,\nrecreational, consumer or other interests in the area relating to\nfishing, fish or aquatic life.\n","sortOrder":127},{"sectionNumber":"70C","sectionType":"section","heading":"Procedure in relation to management plans","content":"70C Procedure in relation to management plans\n(1) A proposed plan being prepared under section 70A must:\n(a) contain a description of the management area or managed\nfishery; and\n(b) make provision in relation to the managed area or managed\nfishery with respect to any of the matters specified in\nSchedule 2 that the Joint Authority considers applicable.\n(2) After preparing a proposed plan under section 70A, the Joint\nAuthority must give notice of the proposed plan, and the place\nwhere a copy of it may be inspected, in:\n(a) the Gazette; or\n(b) a newspaper circulating throughout the Territory.\n(3) There may be included with each proposed plan prepared under\nsection 70A, but so as not to form part of the plan:\n(a) an outline of the history and status of the fishery; and\n(b) the policy and objectives of the plan; and\n(c) any other information relating to the fishery that the Joint\nAuthority thinks fit.\n(4) Not less than 1 month after the date of notification under\nsubsection (2), and after considering any submissions made in\nrespect of the proposed plan, the Joint Authority may:\n(a) make any amendments to the plan that the Joint Authority\nthinks fit; and\n\nFisheries Act 1988 82\n(b) approve the plan, after advising the relevant advisory\n","sortOrder":128},{"sectionNumber":"70D","sectionType":"section","heading":"Amendments to management plans","content":"70D Amendments to management plans\n(1) If a Joint Authority is of the opinion that an amendment to a\nmanagement plan that it has made is required, the Joint Authority\nmay:\n(a) if the proposed amendment is, in the Joint Authority's opinion,\na minor amendment – approve the amendment; or\n(b) if the proposed amendment is not, in the Joint Authority's\nopinion, a minor amendment – give notice of the proposed\namendment to the plan, and the place or places where a copy\nof it may be inspected, in:\n(i) the Gazette; or\n(ii) a newspaper circulating throughout the Territory.\n(2) There may be included with a proposed amendment under\nsubsection (1) any explanatory notes that the Joint Authority thinks\nfit, but those notes do not form part of the proposed amendment or\nan amendment to the plan.\n(3) Not less than 1 month after the date of notification under\nsubsection (1)(b), and after considering any submissions made in\nrespect of the proposed amendment, the Joint Authority may:\n(a) make any amendments to the proposed amendment that the\nJoint Authority thinks fit; and\n(b) approve the amendment, after advising the relevant advisory\n","sortOrder":129},{"sectionNumber":"70E","sectionType":"section","heading":"Joint Authority may make emergency amendments to","content":"70E Joint Authority may make emergency amendments to\nmanagement plans\n(1) This section applies if, at any time, an emergency occurs that, in\nthe opinion of the Joint Authority after consultation with the\nappropriate advisory committee (if any), endangers or may\nendanger stocks of fish or aquatic life, or any species or class of\nfish or aquatic life, in any management area or managed fishery in\nrespect of which there is a management plan made by the Joint\nAuthority.\n(2) Despite any provision to the contrary in this Act or the management\nplan, the Joint Authority may, by Gazette notice, amend the plan to\nthe extent required by the emergency.\n\nFisheries Act 1988 83\n(3) Subject to this section, an amendment made under subsection (2):\n(a) takes effect on the date it is published in the Gazette or any\nlater date specified in the notice; and\n(b) remains in effect for the period not exceeding 90 days\n(4) A period specified under subsection (3) may be extended for one\nfurther period not exceeding 90 days by a subsequent Gazette\nnotice published before the expiry of the original period.\n(5) The particulars of a Gazette notice published under this section\nmust be advertised twice in at least one newspaper circulating\ngenerally in the area concerned.\n(6) An amendment made under subsection (2):\n(a) may be revoked by the Joint Authority at any time; and\n(b) is taken to be revoked on the expiry of the period specified in\nthe Gazette notice published under subsection (2) or a\nsubsequent Gazette notice published under subsection (4).\n","sortOrder":130},{"sectionNumber":"71","sectionType":"section","heading":"Savings and transitional","content":"71 Savings and transitional\n(1) In this section, Repealed Acts are the Acts repealed by section 3.\n(2) The person appointed Director of Fisheries pursuant to the\nRepealed Acts is deemed to have been appointed Director of\nFisheries pursuant to this Act.\n(3) A licence, permit, lease, or other authority issued under the Fish\nand Fisheries Act 1979 and in force as at the commencement of\nthis Act shall remain in force as if this Act had not been passed until\nsuch time as the licence, permit, or other authority would have\notherwise expired, but an application for renewal shall be made\npursuant to this Act.\n(4) An action, prosecution, or other proceeding begun under the Fish\nand Fisheries Act 1979 as then in force before the commencement\nof this Act may be continued as if this Act had never commenced.\n\nFisheries Act 1988 84\n(5) An action, prosecution or other proceeding in respect of a thing\ndone or omitted to be done under the Fish and Fisheries Act 1979\nas then in force before the commencement of this Act may be\nbrought, taken, and prosecuted in the same manner as if this Act\nhad never commenced.\n(6) Regulations made under the Repealed Acts and in force as at the\ncommencement of this Act shall continue to remain in force as if\nthey had been made under this Act.\n(7) An arrangement made, a Joint Authority established, or other thing\ndone under Part IIIA of the Fish and Fisheries Act 1979 and in\nexistence or having effect as at the commencement of this Act shall\nbe deemed to have been made, established, or done under Part VI\nof this Act, and shall exist and have effect accordingly.\n(8) Leases granted under the Pearling and Pearl Culture\nOrdinance 1964 and saved under section 4(1) of the Fish and\nFisheries Act 1979 and in force as at the commencement of this Act\nshall remain in force until they would otherwise expire.\n(9) Notices made under the Repealed Acts and in force as at the\ncommencement of this Act shall remain in force according to their\ntenor or until repealed under this Act.\n(10) Where regulations or notices made under the Repealed Acts\ncontinue to exist as regulations or notices under this section and a\nreference is made in them to a section of the Repealed Acts, that\nreference shall be construed, where possible, as a reference to an\nappropriate or relevant provision in this Act.\n","sortOrder":131},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional matters for Fisheries Legislation","content":"Part 8 Transitional matters for Fisheries Legislation\nAmendment Act 2016\n","sortOrder":132},{"sectionNumber":"72","sectionType":"section","heading":"Definitions","content":"72 Definitions\nIn this Part:\namending Act means the Fisheries Legislation Amendment\nAct 2016.\ncommencement means the commencement of the amending Act.\nnew Act means this Act as amended by the amending Act.\nold Act means this Act as in force immediately before the\ncommencement.\n\nFisheries Act 1988 85\n","sortOrder":133},{"sectionNumber":"73","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"73 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":134},{"sectionNumber":"74","sectionType":"section","heading":"Licences, permits and vessel registration","content":"74 Licences, permits and vessel registration\n(1) A licence in effect under section 11 of the old Act continues after\nthe commencement in accordance with its terms and conditions as\nif it had been granted under section 13 of the new Act.\n(2) Section 16(3) of the new Act applies to a licence under section 11\nof the old Act that had expired but could be renewed under\nsection 12(2) of the old Act.\n(3) A permit in effect under section 16 of the old Act continues after the\ncommencement in accordance with its terms and conditions as if it\nhad been granted under section 13 of the new Act.\n(4) A special permit in effect under section 17 of the old Act continues\nafter the commencement in accordance with its terms and\nconditions as if it had been granted under section 17 of the new\nAct.\n(5) A vessel registered under section 18 of the old Act is taken after the\ncommencement to be registered under section 18 of the new Act\nfor the remainder of the period for which it was registered under the\nold Act.\n","sortOrder":135},{"sectionNumber":"75","sectionType":"section","heading":"Pending applications","content":"75 Pending applications\n(a) an application was made for a licence, permit, special permit\nor registration of a vessel; and\n\nFisheries Act 1988 86\n(b) the application had not been determined by the Director.\n(2) The Director must determine the application under the new Act as if\nit were an application for a licence, permit, special permit or\nregistration of a vessel under the new Act.\n","sortOrder":136},{"sectionNumber":"76","sectionType":"section","heading":"Pending reviews by Director","content":"76 Pending reviews by Director\n(a) an application was made under section 11A of the old Act for\nthe review of a decision; and\n(b) the review was not finally determined by the Director or person\ndesignated by the Director (designated person).\n(2) The Director or designated person must complete the review under\nthe old Act as if the amending Act had not commenced.\n(3) If the Director or designated person grants a licence or permit on a\nreview, the licence or permit is taken to have been granted under\nthe new Act.\n(4) Section 50 of the old Act applies in respect of the decision made on\nthe review as if a reference in that section to the Local Court were a\nreference to the Civil and Administrative Tribunal.\n(5) If the Civil and Administrative Tribunal grants a licence or permit on\na review of a decision to which this section applies, the licence or\npermit is taken to have been granted under the new Act.\n","sortOrder":137},{"sectionNumber":"77","sectionType":"section","heading":"Pending reviews by Local Court","content":"77 Pending reviews by Local Court\n(a) an application was made under section 50 of the old Act for\nthe review of a decision; and\n(b) the review was not finally determined by the Local Court.\n(2) The Local Court must complete the review and make any orders it\nconsiders appropriate under the old Act as if the amending Act had\nnot commenced.\n(3) If the Local Court grants a licence or permit on a review, the licence\nor permit is taken to have been granted under the new Act.\n\nFisheries Act 1988 87\n","sortOrder":138},{"sectionNumber":"78","sectionType":"section","heading":"Identity cards","content":"78 Identity cards\nAn identity card issued to a Fisheries Officer under section 8 of the\nold Act continues in effect after the commencement as if it had\nbeen issued under section 8 of the new Act, if:\n(a) the card was in effect immediately before the commencement;\nand\n(b) the card complies with section 8(2) of the new Act.\n","sortOrder":139},{"sectionNumber":"79","sectionType":"section","heading":"Register","content":"79 Register\nInformation that was on a register under section 9 of the old Act\nimmediately before the commencement is taken, after the\ncommencement, to be information on a register under section 9 of\nthe new Act.\n","sortOrder":140},{"sectionNumber":"80","sectionType":"section","heading":"Pending applications for registration of third party interests","content":"80 Pending applications for registration of third party interests\n(a) an application was made for registration of a third party\ninterest under section 9A of the old Act; and\n(b) the application was not decided by the Director.\n(2) The Director must complete the application process under\nsection 9A of the new Act as if the application had been made\nunder that section on the date that it was made under the old Act.\n","sortOrder":141},{"sectionNumber":"81","sectionType":"section","heading":"Management plans","content":"81 Management plans\nA management plan made under Part III of the old Act that was in\neffect immediately before the commencement continues in effect\nafter the commencement as if it had been made under Part 3 of the\nnew Act.\n","sortOrder":142},{"sectionNumber":"82","sectionType":"section","heading":"Fishing Industry Research and Development Fund","content":"82 Fishing Industry Research and Development Fund\nOn the commencement, all money standing to the credit of the\nFishing Industry Research and Development Fund under section 51\nof the old Act immediately before the commencement must be\ncredited to the Fishing Industry Research and Development Trust\nFund established under section 51 of the new Act.\n\nFisheries Act 1988 88\n","sortOrder":143},{"sectionNumber":"83","sectionType":"section","heading":"Fishing Industry Research and Development Fund advisory","content":"83 Fishing Industry Research and Development Fund advisory\ncommittee\n(1) On the commencement:\n(a) the Fishing Industry Research and Development Fund\nadvisory committee is taken to be reconstituted as the Fishing\nIndustry Research and Development Trust Fund advisory\ncommittee; and\n(b) the appointed members of the Fishing Industry Research and\nDevelopment Fund advisory committee holding office\nimmediately before the commencement become members of\nthe Fishing Industry Research and Development Trust Fund\nadvisory committee as if they had been appointed under\nsection 52(2)(b) of the new Act.\n(2) In this section:\nappointed member, of the Fishing Industry Research and\nDevelopment Fund advisory committee, means a person appointed\nunder section 52(2)(b) of the old Act.\nFishing Industry Research and Development Fund advisory\ncommittee means the committee established under section 52 of\nthe old Act.\nFishing Industry Research and Development Trust Fund\nadvisory committee means the committee established under\nsection 52 of the new Act.\n\nFisheries Act 1988 89\nsection 3\nAct Number and year\nFish and Fisheries Act 1979 No. 4, 1980\nFish and Fisheries Amendment Act 1981 No. 38, 1981\nFish and Fisheries Amendment Act (No. 2) 1981 No. 114, 1981\nFish and Fisheries Amendment Act 1982 No. 56, 1982\nFish and Fisheries Amendment Act (No. 2) 1982 No. 74, 1982\nFish and Fisheries Amendment Act 1984 No. 31, 1984\nFish and Fisheries Amendment Act 1985 No. 31, 1985\n\nFisheries Act 1988 90\nSchedule 2 Matters that may be provided for in a\nmanagement plan\nsections 25(1) and 70C(1)\n2. A management plan may:\n(a) designate areas, within the management area where, and the\nperiods when, fishing for certain species of fish or aquatic life\nshall be prohibited or restricted, or permitted only by specified\ntypes of vessels or by specified methods or persons, or with\nspecified types or quantities of fishing gear, or subject to such\nother conditions as may be specified;\n(aa) specify the methods or practices to be used by a class of\npersons in the supervision of operations conducted for the\npurposes of a licence or permit;\n(ba) specify the species of fish that may or shall not be taken\nand/or the restrictions (if any) that apply in relation to the\ntaking of any species of fish;\n(bb) specify the number of licences that may be issued in relation\nto an area or a fishery, as the case requires, and prohibit or\nregulate the transfer of licences in respect of a fishery;\n(b) specify ports or places or circumstances where fish or aquatic\nlife may be landed or trans-shipped at sea;\n(c) provide for the management of a fishery, or a designated area\nwithin a fishery, through a quota system;\n(d) authorise the Minister or Joint Authority to determine, by\nGazette notice, any matter required for the operation of a\nquota system;\n(e) set limits as to size, number, weight, sex, or other factor, on a\ncatch of fish or aquatic life, or any species or class of fish or\naquatic life, from any specified area which are considered\nnecessary or desirable for the conservation and management\nof the fishery;\n(f) establish a system for limiting access to the fishery to persons\nwho can satisfy the Director or Joint Authority of their eligibility\nhaving regard to, but not limited to, the following criteria or\nsuch criteria as may be specified in the plan:\n(i) present participation in the fishery;\n\nFisheries Act 1988 91\n(ii) historical fishing patterns and dependence on the\n(iii) the capability of fishing vessels being used, or intended\nto be used, in the fishery, to operate in other fisheries;\n(g) provide for fishing monitoring and vessel monitoring, including\nauthorising the Director to require all holders of a class of\nlicence or permit, or all owners of a class of registered vessel,\nto install and operate fishing monitoring equipment or a vessel\nmonitoring system or both on a vessel;\n(h) contain any other measures considered necessary or\ndesirable for the conservation, management or control of the\n(j) provide for the establishment and administration of a scheme\nfor the rationalisation of the fishery and for those purposes\nmay provide for:\n(i) a limitation or reduction in an equitable manner of the\nnumber of fishing units licensed to operate in a fishery;\n(ii) the surrender and purchase of licences relating to that\nfishery on payment of agreed compensation;\n(iii) the establishment by the Accountable Officer of a fund\nwithin the Agency Operating Account within the meaning\nof the Financial Management Act 1995;\n(iv) the imposition of levies or other payments for the\npurposes of funding any compensation to be paid; and\n(v) the repayment of surplus amounts, after payment of any\noutstanding amounts due, to persons who, on\nconclusion of a scheme, are holders of licences in\nrespect of fishing units to which the scheme relates.\nExamples for clause 2(d)\n1 Total allowable catch.\n2 The allocation of total allowable catch between licensees.\n2A. A management plan may deem a person to be in possession of fish\nin circumstances prescribed by the plan.\n2B. A management plan may:\n(a) subject to paragraph (b), for an offence against the\nmanagement plan, prescribe a fine not exceeding 170 penalty\nunits and, if the offence is a continuing one, prescribe a further\n\nFisheries Act 1988 92\nfine not exceeding 4 penalty units for each day after the first\nday during which the offence has continued; and\n(b) for an offence against the management plan that is an offence\nof strict liability, prescribe a penalty not exceeding 100 penalty\nunits.\n3. A management plan may prescribe different penalties for different\nclasses of offender for an offence against the plan.\n4. Subject to clause 5, a management plan may provide for the\nDirector or Joint Authority to do either or both of the following:\n(a) revoke an approval for a person to engage in a fishery in a\ncapacity that the Director or Joint Authority must approve;\n(b) refuse, for a specified period not exceeding 5 years, to\napprove a person to engage in a fishery in a capacity that the\nDirector or Joint Authority must approve.\n5. A provision of a management plan made under clause 4 may\nauthorise the Director or Joint Authority to act under the provision\nonly if:\n(a) the person has been found guilty:\n(i) on more than one occasion of a prescribed offence\nunder the plan (whether the same type of offence or\nnot); or\n(ii) of a prescribed offence under the plan and has also\nbeen found guilty of a prescribed offence under another\nmanagement plan; and\n(b) the later offence was committed after the commencement of\nthat clause.\n\nFisheries Act 1988 93\nsection 50A(1)(a)\nReviewable decision Affected person\nRefusal of application for grant or renewal of\nlicence or permit (section 13(3) or 16(6))\nImposition or variation of condition of licence or\npermit (section 14(1) or (5))\nRefusal to approve licence transfer\n(section 16A(4))\nRefusal to grant special permit (section 17) Applicant\nRevocation of special permit (section (17(6)) Permit holder\nRefusal of application to be an approved operator\n(section 17A(3))\nRevocation of approval of approved operator\n(section 17D)\nApproved operator\nCancellation or suspension of licence or permit\nunder section 20A\nRefusal of application under section 33(3) for\nrelease of property seized\n\nFisheries Act 1988 94\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFisheries Act 1988 (Act No. 58, 1988)\nAssent date 14 December 1988\nCommenced 14 December 1988\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\n\nFisheries Act 1988 95\nFisheries Amendment Act 1994 (Act No. 65, 1994)\nAssent date 3 November 1994\nCommenced ss 15, 43 and 44: 3 November 1994 (s 2(1)); ss 5(a), (b), (c)\nand (e), 34 – 37: 3 February 1995 (s 2(2) and s 2 Fisheries\nManagement Act 1991 (Cth) (Cth Act No. 162, 1991));\nrem: 28 November 1994 (Gaz G47, 23 November 1994, p 4)\nAmending Legislation\nFisheries Amendment Act 1994 Amendment Act 1994 (Act No. 74, 1994)\nAssent date 30 December 1994\nCommenced 30 December 1994\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act\nNo. 4, 1995) and Gaz S13, 31 March 1995)\nStatute Law Revision Act (No. 2) 1995 (Act No. 42, 1995)\nAssent date 13 October 1995\nCommenced 13 October 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nFisheries Amendment Act 1997 (Act No. 24, 1997)\nAssent date 2 June 1997\nCommenced ss 7(a), 8(b), 9(b) and (c) and 10: 3 June 1998 (Gaz G21,\n3 June 1998, p 7); rem: 9 July 1997 (Gaz G27, 9 July 1997,\np 4)\nAmending Legislation\nFisheries Amendment Act 1997 Amendment Act 1998 (Act No. 13, 1998)\nAssent date 30 March 1998\nCommenced 3 June 1998 (s 2, s 2 Fisheries Amendment Act 1997\n(Act No. 24, 1997) and Gaz G21, 3 June 1998, p 7)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nFisheries Amendment Act 2000 (Act No. 21, 2000)\nAssent date 6 June 2000\nCommenced 20 December 2000 (s 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nFisheries Amendment Act 2001 (Act No. 41, 2001)\nAssent date 19 July 2001\nCommenced 19 July 2001\n\nFisheries Act 1988 96\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 60, 2002) and Gaz G50,\n19 December 2001, p 3)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nFisheries Amendment Act 2003 (Act No. 7, 2004)\nAssent date 7 January 2004\nCommenced 7 January 2004\nFisheries Amendment Act 2004 (Act No. 32, 2004)\nAssent date 4 June 2004\nCommenced 22 September 2004 (Gaz G38, 22 September 2004, p 2)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nFisheries Legislation Amendment Act 2016 (Act No. 23, 2016)\nAssent date 9 June 2016\nCommenced 1 January 2017 (Gaz G51, 21 December 2016, p 12)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\n\nFisheries Act 1988 97\nFisheries Legislation Amendment Act 2022 (Act No. 27, 2022)\nAssent date 9 December 2022\nCommenced 10 December 2022 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 42, 43 and 44 Fisheries Amendment Act 1994 (Act No. 65, 1994)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 33B, 46C, 49, 50A, 51,\n55 and 71 and Sch 2.\n5 LIST OF AMENDMENTS\nlt amd No. 65, 1994, s 4\npt I hdg sub No. 23, 2016, s 43\ns 2A ins No. 32, 2004, s 4\namd No. 23, 2016, s 4; No. 27, 2022, s 4\ns 2B ins No. 27, 2022, s 5\ns 4 amd No. 31, 1991, s 3; No. 65, 1994, s 5; No. 24, 1997, s 3; No. 21, 2000,\ns 4; No. 59, 2002, s 5; No. 7, 2004, s 3; No. 32, 2004, s 5; No. 23, 2016, s 5;\nNo. 27, 2022, s 6\ns 4A ins No. 23, 2016, s 6\npt II hdg amd No. 23, 2016, s 43\npt II\ndiv 1 hdg rep No. 23, 2016, s 43\ns 6 sub No. 23, 2016, s 7\ns 7 amd No. 23, 2016, s 43\ns 7A ins No. 23, 2016, s 8\ns 8 sub No. 23, 2016, s 8\ns 8A ins No. 23, 2016, s 8\ns 9 amd No. 24, 1997, s 4; No. 23, 2016, s 9\ns 9A ins No. 21, 2000, s 5\namd No. 23, 2016, s 10\ns 9B ins No. 23, 2016, s 11\npt 2A hdg ins No. 23, 2016, s 11\ndiv 1 hdg ins No. 23, 2016, s 11\npt 2\ndiv 2 hdg rep No. 23, 2016, s 11\ndiv 2 hdg ins No. 23, 2016, s 11\ns 10 amd No. 65, 1994, s 6; No. 42, 1995, s 3; No. 28, 2011, s 5\ns 11 amd No. 65, 1994, s 7; No. 24, 1997, s 5; No. 32, 2004, s 6\ns 11A ins No. 24, 1997, s 6\namd No. 7, 2004, s 4\ns 12 amd No. 65, 1994, s 8; No. 42, 1995, s 3; No. 24, 1997, s 7; No. 32, 2004, s 7\n\nFisheries Act 1988 98\ns 12A ins No. 65, 1994, s 9\namd No. 24, 1997, s 8; No. 32, 2004, s 8; No. 28, 2011, s 5\ns 12B ins No. 65, 1994, s 9\namd No. 24, 1997, s 9; No. 32, 2004, s 9\ns 12C ins No. 24, 1997, s 10 as amd No. 13, 1998, s 3\namd No. 21, 2000, s 6; No. 17, 2001, s 21\nrep No. 32, 2004, s 10\ns 13 sub No. 65, 1994, s 10\namd No. 42, 1995, s 3\nsub No. 24, 1997, s 11; No. 23, 2016, s 11\nss 13A – 13D ins No. 24, 1997, s 11\ns 13E ins No. 24, 1997, s 11\ns 14 amd No. 65, 1994, s 11; No. 42, 1995, s 3\nsub No. 24, 1997, s 11\ns 14A ins No. 24, 1997, s 11\ns 14B ins No. 30, 2010, s 35\npt 2\ndiv 3 hdg rep No. 23, 2016, s 11\ns 15 amd No. 17, 1996, s 6; No. 28, 2011, s 5\ns 16 amd No. 25, 2009,s 10\namd No. 27, 2022, s 7\nss 16A – 16C ins No. 23, 2016, s 11\ns 17 amd No. 65, 1994, s 12; No. 24, 1997, s 12\ndiv 3 hdg ins No. 23, 2016, s 11\nss 17A – 17J ins No. 23, 2016, s 11\ndiv 4 hdg ins No. 23, 2016, s 11\ns 17K ins No. 23, 2016, s 11\npt 2\ndiv 4 hdg rep No. 23, 2016, s 11\ns 18 amd No. 65, 1994, s 13; No. 28, 2011, s 5\ns 19 amd No. 65, 1994, s 14\npt 2\ndiv 5 hdg rep No. 23, 2016, s 11\ndiv 5 hdg ins No. 23, 2016, s 11\ns 20 amd No. 17, 1996, s 6\nss 20A – 20C ins No. 23, 2016, s 11\ndiv 6 hdg ins No. 23, 2016, s 11\nss 20D – 20G ins No. 23, 2016, s 11\n\nFisheries Act 1988 99\npt III hdg sub No. 23, 2016, s 43\ns 21 amd No. 65, 1994, s 15; No. 23, 2016, s 43; No. 27, 2022, s 8\ns 22 amd No. 23, 2016, s 43\ns 23 sub No. 23, 2016, s 12\ns 24 amd No. 23, 2016, s 43; No. 27, 2022, s 9\ns 25 amd No. 31, 1991, s 3; No. 65, 1994, s 16\nsub No. 23, 2016, s 13\ns 25A ins No. 65, 1994, s 17\namd No. 23, 2016, s 14\ns 23 sub No. 23, 2016, s 15\ns 27 amd No. 65, 1994, s 18; No. 23, 2016, s 43\npt IV hdg amd No. 23, 2016, s 43\ns 28 amd No. 65, 1994, s 19; No. 41, 2001, s 2; No. 23, 2016, s 43\ns 29 amd No. 23, 2016, s 16\ns 30 amd No. 65, 1994, s 20\nsub No. 23, 2016, s 17\ns 31 amd No. 23, 2016, s 18\ns 32 amd No. 23, 2016, s 19\ns 33 amd No. 17, 1996, s 6; No. 11, 2005, s 20\nsub No. 23, 2016, s 20\nss 33A – 33C ins No. 23, 2016, s 20\ns 34 amd No. 65, 1994, s 21\nsub No. 24, 1997, s 13\namd No. 21, 2000, s 7; No. 23, 2016, s 21\ns 34A ins No. 21, 2000, s 8\nsub No. 23, 2016, s 22\ns 35 sub No. 24, 1997, s 13; No. 23, 2016, s 22\ns 35A ins No. 23, 2016, s 22\ns 36 amd No. 28, 1993, s 3; No. 24, 1997, s 14; No. 28, 2011, s 5\nsub No. 23, 2016, s 22\npt IV\ndiv 4 hdg amd No. 23, 2016, s 43\ns 37 amd No. 65, 1994, s 22; No. 17, 1996, s 6; No. 7, 2004, s 5; No. 28, 2011, s 5\nsub No. 23, 2016, s 23\ns 37A ins No. 65, 1994, s 23\namd No. 60, 2001, s 8; No. 7, 2004, s 6\nrep No. 23, 2016, s 23\ns 37B ins No. 65, 1994, s 23\namd No. 7, 2004, s 7\nrep No. 23, 2016, s 23\ns 38 amd No. 65, 1994, s 24; No. 24, 1997, s 15; No. 9, 2016, s 109; No. 23,\n2016, s 24; No. 10, 2018, s 6\ns 39 sub No. 23, 2016, s 25\ns 40 amd No. 65, 1994, s 25; No. 28, 2011, s 5\nss 40A – 40B ins No. 23, 2016, s 25\ns 41 amd No. 65, 1994, s 26; No. 28, 2011, s 5\ns 42 sub No. 23, 2016, s 25\ns 43 amd No. 17, 1996, s 6\ns 43A ins No. 65, 1994, s 27\namd No. 9, 2016, s 110\ns 44 amd No. 21, 2000, s 9; No. 23, 2016, s 43\ns 45 amd No. 65, 1994, s 28; No. 17, 1996, s 6; No. 23, 2016, s 43\n\nFisheries Act 1988 100\ns 45A ins No. 65, 1994, s 29\nrep No. 24, 1997, s 16\nins No. 23, 2016, s 26\ns 45B ins No. 23, 2016, s 26\ns 46 amd No. 65, 1994, s 30; No. 17, 1996, s 6; No. 7, 2004, s 8; No. 23, 2016,\ns 27\npt 4\ndiv 4A hdg ins No. 23, 2016, s 28\nss 46A – 46F ins No. 23, 2016, s 28\npt 4\ndiv 4B hdg ins No. 23, 2016, s 28\nss 46G – 46N ins No. 23, 2016, s 28\ns 47 amd No. 65, 1994, s 31; No. 27, 1999, s 15; No. 7, 2004, s 9; No. 15, 2009,\ns 16; No. 28, 2011, s 5; No. 23, 2016, s 29\ns 48 amd No. 23, 2016, s 43\ns 49 amd No. 31, 1991, s 3; No. 65, 1994, s 32; No. 42, 1995, s 3\nsub No. 23, 2016, s 30\namd No. 28, 2021, s 20\npt 5 hdg sub No. 23, 2016, s 30\npt 5\ndiv 1 hdg ins No. 23, 2016, s 30\ns 50 amd No. 65, 1994, s 33; No. 7, 2004, s 10\nsub No. 23, 2016, s 30\ns 50A ins No. 23, 2016, s 30\npt 5\ndiv 2 hdg ins No. 23, 2016, s 30\ns 51 rep No. 5, 1995, s 19\nins No. 24, 1997, s 17\namd No. 27, 1999, s 15; No. 23, 2016, s 31\ns 52 amd No. 24, 1997, s 18\nsub No. 23, 2016, s 32\ns 53 amd No. 23, 2016, s 43\nrep No. 27, 2022, s 10\ns 55 amd No. 39, 1992, s 3; No. 23, 2016, s 43\ns 57 sub No. 23, 2016, s 33\npt VI hdg amd No. 23, 2016, s 43\ns 58 amd No. 65, 1994, s 34; No. 59, 2002, s 5; No. 23, 2016, s 43\ns 61 amd No. 23, 2016, s 43\ns 62 amd No. 65, 1994, s 35\ns 63 amd No. 65, 1994, s 36\npt 6\ndiv 2\nsdiv 1 hdg ins No. 23, 2016, s 34\ns 63A ins No. 23, 2016, s 34\ns 64 amd No. 65, 1994, s 37; No. 23, 2016, s 35\ns 64A ins No. 23, 2016, s 36\ns 65 amd No. 65, 1994, s 38\nsub No. 23, 2016, s 36\ns 66 amd No. 65, 1994, s 39; No. 23, 2016, s 37\ns 67 sub No. 23, 2016, s 38\ns 69 amd No. 23, 2016, s 43\npt 6\ndiv 2\nsdiv 2 hdg ins No. 23, 2016, s 39\ns 70A ins No. 23, 2016, s 39\ns 70B ins No. 23, 2016, s 39\namd No. 27, 2022, s 11\nss 70C – 70E ins No. 23, 2016, s 39\n\nFisheries Act 1988 101\npt VII hdg sub No. 23, 2016, s 43\npt 8 hdg ins No. 23, 2016, s 40\nss 72 – 83 ins No. 23, 2016, s 40\nsch 2 amd No. 31, 1991, s 3; No. 65, 1994, s 40; No. 24, 1997, s 19; No. 27, 1999,\ns 15; No. 7, 2004, s 11; No. 28, 2011, s 5; No. 23, 2016, s 41\nsch 3 amd No. 33, 1990, s 9\nrep No. 65, 1994, s 41\nins No. 23, 2016, s 42","sortOrder":144}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":19,"completionTokens":5374},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown well beyond its original 1988 purpose of basic fishery regulation and sale of fish. It now encompasses aquaculture licensing, electronic vessel and fishing monitoring, a formal approved operator scheme with fit and proper person checks, registration of third party financial interests in licences and quotas, Aboriginal rights and native title recognition, joint management with the Commonwealth through Joint Authorities, civil forfeiture-style confiscation offences, and priority species anti-trafficking measures. The Act effectively functions as a comprehensive aquatic resource management and maritime enforcement statute."},"complexity_factors":["Over 50 defined terms in the interpretation section (section 4), including technical concepts like 'ecologically sustainable development', 'quota system', and 'UTM position'","Dual regulatory tracks for Northern Territory-managed fisheries and Commonwealth Joint Authority fisheries (Part 6)","Three overlapping enforcement mechanisms: criminal prosecution, infringement notice scheme, and civil-style confiscation/forfeiture (Divisions 4A and 4B)","Extensive cross-references to Commonwealth legislation including the Fisheries Management Act 1991, Criminal Code, and Personal Property Securities Act 2009","Nested conditional powers for warrantless entry, search, and seizure subject to safeguards and exceptions (sections 30-33)","Layered liability rules attributing offences to licensees for approved operators, persons in charge for crew, and vessel owners for illegal use","Substantial restructuring and expansion via more than 20 amendment Acts, most notably the Fisheries Legislation Amendment Act 2016 which inserted new Part 2A and restructured offences","Management plans and Ministerial guidelines have delegated legislative force, creating a third layer of rules with criminal consequences"],"plain_english_summary":"The Fisheries Act 1988 (NT) is the main law governing how fish and aquatic life are caught, farmed, sold, and managed in the Northern Territory.\n\n**What it does**\nThe Act creates a licensing and permitting system. You generally need a licence to:\n- Catch fish or aquatic life for sale or exhibition\n- Run an aquaculture (fish farming) business\n- Process, sell, or transport seafood commercially\n\nYou need a permit for higher-risk activities like bringing live species into the Territory, using electric fishing devices, or introducing dangerous substances into water.\n\n**Who it affects**\n- **Commercial fishers and aquaculture farmers** – must hold licences and register their vessels\n- **Seafood processors and retailers** – must comply with record-keeping and movement document rules\n- **Approved operators** – licence holders must generally appoint an approved person to be in charge of fishing operations\n- **Aboriginal people** – the Act formally acknowledges traditional owner rights, native title (legal recognition of traditional Indigenous rights to land and waters), and cultural connections to aquatic resources, and protects traditional use\n- **Recreational/amateur fishers** – affected by management plans and area closures\n\n**Key rules**\n- **Management plans**: The Minister can declare managed fisheries and management areas with detailed rules on catch limits, gear types, seasons, and quotas (entitlements to take a set share of fish)\n- **Fisheries Officers**: Have broad powers to enter vessels and premises, search, seize gear or catch, and demand documents without a warrant in many circumstances\n- **Offences**: Includes taking fish without a licence, trafficking in priority species (high-value or at-risk species listed by regulation), false labelling of seafood, and interfering with aquaculture farms. Many offences carry fines or imprisonment\n- **Strict liability**: For some offences, simply doing the act is enough—the prosecution does not need to prove you meant to break the law\n- **Vessel monitoring**: Licences and plans can require electronic tracking and cameras on boats\n\n**Joint fisheries**\nSome fisheries are managed jointly with the Australian Government through Joint Authorities. These operate under special plans and licensing rules.\n\n**Why it matters**\nThe Act aims to keep fishing sustainable, protect the environment from pests and diseases, ensure fair access for all user groups (including Aboriginal stakeholders), and prevent illegal fishing and seafood fraud."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has been amended repeatedly (see endnotes and list of amendments). Notable scope additions visible in the current text include: explicit objects and an Aboriginal-rights acknowledgement (ss 2A–2B); an approved-operator / person-in-charge regime (ss 17A–17J); a statutory scheme for registering third‑party interests in licences/quotas (s 9A) and requiring notice to registered interest holders (s 9B); infringement notice and confiscation notice procedures (ss 46A–46N); and explicit powers to require fishing monitoring and vessel monitoring equipment (s 47(2)(qa); Schedule 2 cl 2(g)). Those amendments expand and clarify regulatory tools, enforcement pathways and administrative procedures compared to the original 1988 text."},"complexity_factors":["Wide range of subject matter: licensing, permits, vessel registration, aquaculture, sale/processing, monitoring, enforcement, management plans and inter-jurisdictional Joint Authority arrangements (Parts 2A, 3, 4, 6).","Significant administrative discretion vested in Minister, Director and Joint Authorities (ss 5, 13, 14(5), 20A, 28, Part 6), requiring procedural safeguards and guidance (s 20D).","Multiple enforcement regimes and remedies: criminal offences, infringement notices, contravention/confiscation notices, seizure, forfeiture and court-ordered payments (ss 30–33, 46, 46A–46N, 45A–45B).","Complex property and security interactions: licence not personal property for PPSA (s 16C) alongside a bespoke registered third-party interest scheme (s 9A), affecting lenders and transfers.","Detailed and varied compliance duties with strict-liability and absolute-liability provisions across many sections (e.g. ss 10–11, 17E(4)–(6), 34A(3), 35(2)).","Management plans treated as regulations and able to impose substantive restrictions, penalties and deeming provisions (Part 3; s 27; Schedule 2), increasing legislative complexity.","Interplay with Commonwealth law and Joint Authority regimes requires cross-referencing and understanding of external instruments (s 4 definitions; Part 6).","Substantial delegated rule-making (regulations, Gazette notices, Ministerial guidelines) and the frequent cross-references to regulations and plans (s 47; ss 14(4), 27(2)), increasing the volume of secondary law to check for full compliance."],"plain_english_summary":"# What this law does (mechanics)\n\n- Establishes a regulatory system for fishing, aquaculture, the sale and processing of fish and aquatic life in the Northern Territory (long title; see also s 10 for licence activities and s 11 for permit activities).  It does this by creating: a licensing and permitting regime (Part 2A); vessel registration (ss 17K–19); management plans that have the force of regulations (Part 3; s 27); and a compliance and enforcement regime (Part 4, especially ss 30–33, 46, 46A–46N).\n\n- Creates the administrative bodies and roles that run the system: a Minister (powers throughout), a Director of Fisheries appointed by the Minister (s 5) who administers the Act, Fisheries Officers and Fisheries Inspectors with statutory inspection, search and seizure powers (ss 7, 7A, 30–33), and advisory committees to assist in preparing management plans (ss 24, 70B).\n\n- Provides detailed enforcement tools: entry, examination and search powers (ss 30–31), seizure and custody of evidence and fish (ss 33–33A), civil-style confiscation and contravention notice procedures (ss 46G–46N), infringement notice scheme (ss 46A–46F), criminal offences and penalties for unauthorised activity (many provisions, e.g. ss 10–11, 14, 35A, 40B, 41–43).\n\n- Sets out management instruments and emergency powers: management plans prepared by the Director or a Joint Authority have regulatory force (Part 3, ss 23–27; s 27); the Minister can make Gazette notices to control matters not covered by a plan and can impose emergency restrictions (ss 28–29). Joint Authority arrangements with the Commonwealth are provided for in Part 6.\n\n# Who this affects\n\n- Commercial fishers and aquaculture operators: they must hold appropriate licences or permits to take, sell, process or otherwise commercially use fish (s 10; s 11), and may be required to install monitoring equipment (s 14(1)(j); s 47(2)(qa); Schedule 2 cl 2(g)).\n\n- Vessel owners and masters: vessels used for licensed activities must generally be registered (ss 17K–19) and may be seized if used in offences (s 33; s 46).\n\n- People or businesses that buy, process, transport or sell fish: subject to record-keeping and movement-document rules (s 34; s 34A) and offences for buying or selling illegally taken fish (s 42).\n\n- Aboriginal people: the Act expressly acknowledges Aboriginal rights and interests and the cultural significance of aquatic resources (s 2B) and preserves traditional non-commercial use unless expressly limited (s 2B(2)–(3)).\n\n- Lenders and secured parties: the Act provides for registration of third-party security interests in licences and quotas (s 9A) and clarifies that a licence is not personal property for the Personal Property Securities Act (s 16C), which affects how security can be taken and enforced.\n\n# Why it matters (official rationale and mechanical effects)\n\n- Officially, the Act’s objects are to manage aquatic resources under ecologically sustainable development, protect the Territory from aquatic pests/disease, acknowledge Aboriginal rights and support equitable access and optimum utilisation (s 2A). Practically, it does so by restricting certain activities to licence/permit-holders (ss 10–11), empowering the Director and Minister to set rules and conditions (ss 13–14; s 28), and making management plans enforceable as regulations (s 27).\n\n- The Act gives administrators discretion to balance conservation and economic access: licences can be limited in number or scope (Schedule 2 cl 2(f), cl 2(c)); quotas and quota systems are enabled (s 4 definitions; Schedule 2 cl 2(c)); management plans may limit who may fish and set conditions (Schedule 2). That discretion determines market access and the regulatory constraints under which businesses operate (see ss 13, 14, 16A).\n\n# Who pays, who decides, and what changes behaviour\n\n- Who pays: licensing and permit fees (s 15(4) references fees payable in instalments), prescribed fees to inspect registers (s 9(2)), possible levies and fees set by Gazette under regulation (s 47(2)(e)), fines and penalties for offences (various sections, eg. s 10(2)–(6), s 11(2)–(6), s 35, s 35A), and court-ordered payments for storage or permit offences (ss 45A–45B). The Director can require bonds or other financial security when releasing seized property (s 33(3)).\n\n- Who decides: the Minister sets broad policy and may make guidelines (s 20D), appoints the Director and can make Gazette notices (ss 5, 28). The Director has extensive decision-making power over grants, renewals, conditions, transfers and enforcement actions (ss 13–16A, 14(5), 20A). Courts and the Local Court/Civil and Administrative Tribunal provide review and penalty decisions (Part 5; Schedule 3).\n\n- Behaviour changes required: operators must obtain licences or permits for commercial activity (ss 10–11), comply with licence conditions (s 14), keep and supply records when required (s 34; s 35), produce identity cards and appoint approved operators where required (ss 17A–17F), register third-party security (s 9A) and comply with monitoring and movement-document requirements (s 34A; s 47(2)(qa)). Non-compliance can lead to fines, seizure, forfeiture, or licence suspension/cancellation (ss 33, 46, 20, 20A).\n\n# Costs, incentives and trade-offs (mechanisms, not judgements)\n\n- Entry and transfer control: management plans and regulations may limit licence numbers, set eligibility criteria and restrict transfers (Schedule 2 cl 2(f); s 16A). This restricts entry and affects the value of licences. Transfers need Director approval (s 16A(1)–(4)) and third-party interests may be registered which delays transfers until registration is dealt with (s 9A(5)).\n\n- Property and contracting effects: the Act declares a licence is not personal property for the PPSA (s 16C). That changes the legal mechanics available to lenders and affects enforceability of securities; the registration scheme for third-party interests (s 9A) is the statutory mechanism for noting security.\n\n- Monitoring and compliance costs: the Director may impose fishing monitoring and vessel monitoring requirements (s 14(1)(j); s 47(2)(qa); Schedule 2 cl 2(g)). Licensees may incur capital and operating costs to install and operate equipment and to keep records and returns (s 34). Non-compliance attracts strict liability or other offences in multiple provisions (see s 34A(3), s 35(2) and many others).\n\n- Concentrated benefits and potential redistribution mechanisms: management plans can provide quota allocations and quota-based management (Schedule 2 cl 2(c)), and the Minister or a plan may provide for licence buy-back or rationalisation with compensation and levies (s 28(1)(f); Schedule 2 cl 2(j)). Those provisions create mechanisms whereby incumbents may receive compensation and funding for buy-back schemes is raised from levies (Schedule 2 cl 2(j)(iv)).\n\n- Enforcement and deterrence: wide powers to seize (s 33), to forfeit on conviction (s 46), to issue infringement and contravention notices (ss 46A–46N), and to impose criminal penalties (many sections) change the risk calculus for operators and intermediaries (processors, retailers) who must ensure supply chains are compliant (s 42; s 41).\n\n# Implementation and compliance risks (administrative discretion and procedural points)\n\n- Broad discretionary powers: the Director has broad discretion when granting, renewing and conditioning licences and permits (s 13(2), s 14(5), s 16A(3)). The Minister and Joint Authorities may also make substantial decisions (ss 28–29; Part 6). Those delegated and executive decisions shape market access and operational conditions.\n\n- Administrative procedures with strict timelines and strict-liability offences: examples include the 24‑hour notice requirement after appointing or varying an approved operator (s 17E(4)–(6)), strict‑liability offences for failing to return identity cards (s 17C(3)–(4)), and registration and notice steps for third-party interests (s 9A(2)–(4)).\n\n- Confidentiality and use of information: returns and records supplied to the Director are protected from disclosure (s 34(3)–(4)), but authorised officers can use information for enforcement; misuse is an offence (s 36).\n\n# Points of intersection with Commonwealth law and shared arrangements\n\n- The Act integrates with Commonwealth fisheries law and Joint Authority management under the Fisheries Management Act 1991 (Cth): definitions and application (s 4, definition Commonwealth Act; Part 6). Joint Authority fishery arrangements may displace Director powers in respect of those fisheries (s 67).\n\n# Key specific sections to consult for practical compliance or operational detail\n\n- Objects and Aboriginal rights: ss 2A–2B\n- Licence & permit scope and offences: ss 10–11\n- Director’s functions, grant/renewal criteria and licence conditions: ss 5, 13–16, 14\n- Approved operators and persons in charge: ss 17A–17J\n- Vessel registration: ss 17K–19\n- Records, returns and movement documents: ss 34, 34A, 35\n- Powers of entry, search and seizure: ss 30–33\n- Infringement and confiscation mechanisms: ss 46A–46N\n- Management plans and emergency amendments: Part 3 (ss 21–27)\n- Regulations and delegated rule-making power (including monitoring equipment): s 47 (notably s 47(2)(qa))\n\nThis summary is limited to the Act text. It highlights the legal mechanisms that allocate access to aquatic resources, create administrative discretion, impose compliance duties and permit enforcement action; the cited sections identify where those mechanics and obligations appear in the Act."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-act-1988","history":"/api/acts/fisheries-act-1988/history","analysis":"/api/acts/fisheries-act-1988/analysis","conflicts":"/api/acts/fisheries-act-1988/conflicts","importantCases":"/api/acts/fisheries-act-1988/important-cases","documents":"/api/acts/fisheries-act-1988/documents"}}