{"id":"qld:act-1994-037","name":"Fisheries Act 1994","slug":"fisheries-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"37 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104766,"registerId":"qld-act-1994-037-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Fisheries Act 1994 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objectives","content":"## Objectives","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Particular purposes of Act","content":"### sec.3 Particular purposes of Act\n\nThe main purpose of this Act is to provide for the use, conservation and enhancement of the community’s fisheries resources and fish habitats in a way that seeks to—\napply and balance the principles of ecologically sustainable development; and\npromote ecologically sustainable development.\nIn balancing the principles, each principle is to be given the relative emphasis appropriate in the circumstances, having regard to ensuring access to the fisheries resources is allocated in a way that maximises the potential economic, social and cultural benefits to the community.\nDespite the main purpose of this Act, a further purpose of this Act is to reduce the possibility of shark attacks on humans in coastal waters of the State adjacent to coastal beaches used for bathing.\nSubsections (1) and (3) do not limit the purposes of this Act.\nIn this section—\necologically sustainable development means using, conserving and enhancing the community’s fisheries resources and fish habitats so that—\nthe ecological processes on which life depends are maintained; and\nthe total quality of life, both now and in the future, can be improved.\nprecautionary principle means the principle that, if there is a threat of serious or irreversible environmental damage, lack of scientific certainty should not be used as a reason to postpone measures to prevent environment degradation, or possible environmental degradation, because of the threat.\nprinciples of ecologically sustainable development means the following principles—\nenhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations;\nproviding fairness within and between generations;\nprotecting biological diversity, ecological processes and life-support systems;\nin making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations;\nconsidering the global dimension of environmental impacts of actions and policies;\nconsidering the need to maintain and enhance competition, in an environmentally sound way;\nconsidering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;\nthat decisions and actions should provide for broad community involvement on issues affecting them;\nthe precautionary principle.\ns 3 amd 1996 No. 59 s 32 ; 2000 No. 26 s 13 sch 2\nsub 2002 No. 49 s 12\namd 2006 No. 28 s 5 ; 2019 No. 6 s 27\n(sec.3-ssec.1) The main purpose of this Act is to provide for the use, conservation and enhancement of the community’s fisheries resources and fish habitats in a way that seeks to— apply and balance the principles of ecologically sustainable development; and promote ecologically sustainable development.\n(sec.3-ssec.2) In balancing the principles, each principle is to be given the relative emphasis appropriate in the circumstances, having regard to ensuring access to the fisheries resources is allocated in a way that maximises the potential economic, social and cultural benefits to the community.\n(sec.3-ssec.3) Despite the main purpose of this Act, a further purpose of this Act is to reduce the possibility of shark attacks on humans in coastal waters of the State adjacent to coastal beaches used for bathing.\n(sec.3-ssec.4) Subsections (1) and (3) do not limit the purposes of this Act.\n(sec.3-ssec.5) In this section— ecologically sustainable development means using, conserving and enhancing the community’s fisheries resources and fish habitats so that— the ecological processes on which life depends are maintained; and the total quality of life, both now and in the future, can be improved. precautionary principle means the principle that, if there is a threat of serious or irreversible environmental damage, lack of scientific certainty should not be used as a reason to postpone measures to prevent environment degradation, or possible environmental degradation, because of the threat. principles of ecologically sustainable development means the following principles— enhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations; providing fairness within and between generations; protecting biological diversity, ecological processes and life-support systems; in making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations; considering the global dimension of environmental impacts of actions and policies; considering the need to maintain and enhance competition, in an environmentally sound way; considering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection; that decisions and actions should provide for broad community involvement on issues affecting them; the precautionary principle.\n- (a) apply and balance the principles of ecologically sustainable development; and\n- (b) promote ecologically sustainable development.\n- (a) the ecological processes on which life depends are maintained; and\n- (b) the total quality of life, both now and in the future, can be improved.\n- (a) enhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations;\n- (b) providing fairness within and between generations;\n- (c) protecting biological diversity, ecological processes and life-support systems;\n- (d) in making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations;\n- (e) considering the global dimension of environmental impacts of actions and policies;\n- (f) considering the need to maintain and enhance competition, in an environmentally sound way;\n- (g) considering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;\n- (h) that decisions and actions should provide for broad community involvement on issues affecting them;\n- (i) the precautionary principle.","sortOrder":5},{"sectionNumber":"sec.3A","sectionType":"section","heading":"How particular purposes are to be primarily achieved","content":"### sec.3A How particular purposes are to be primarily achieved\n\nThe main purpose of this Act is to be primarily achieved by providing for—\nthe management and protection of fish habitats; and\nthe management of commercial, charter, recreational and Indigenous fishing; and\nthe management of aquaculture.\nThe main purpose of this Act is to be achieved, so far as is practicable—\nin consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or Indigenous fishing and the community generally; and\nusing a transparent and responsive approach to the management of access to fisheries resources.\nThe further purpose of this Act under section 3 (3) is to be primarily achieved by the chief executive establishing and managing a program for particular coastal waters of the State adjacent to coastal beaches used for bathing.\nThe program is the shark control program .\ns 3A ins 2002 No. 49 s 12\namd 2006 No. 28 s 6 ; 2014 No. 7 s 530 ; 2019 No. 6 s 28 ; 2024 No. 17 s 135\n(sec.3A-ssec.1) The main purpose of this Act is to be primarily achieved by providing for— the management and protection of fish habitats; and the management of commercial, charter, recreational and Indigenous fishing; and the management of aquaculture.\n(sec.3A-ssec.2) The main purpose of this Act is to be achieved, so far as is practicable— in consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or Indigenous fishing and the community generally; and using a transparent and responsive approach to the management of access to fisheries resources.\n(sec.3A-ssec.3) The further purpose of this Act under section 3 (3) is to be primarily achieved by the chief executive establishing and managing a program for particular coastal waters of the State adjacent to coastal beaches used for bathing.\n(sec.3A-ssec.4) The program is the shark control program .\n- (a) the management and protection of fish habitats; and\n- (b) the management of commercial, charter, recreational and Indigenous fishing; and\n- (c) the management of aquaculture.\n- (a) in consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or Indigenous fishing and the community generally; and\n- (b) using a transparent and responsive approach to the management of access to fisheries resources.","sortOrder":6},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 4 pres s 4 amd 2001 No. 23 s 3 ; 2019 No. 6 s 29","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of fish","content":"### sec.5 Meaning of fish\n\nFish means an animal (whether living or dead) of a species that throughout its life cycle usually lives—\nin water (whether freshwater or saltwater); or\nin or on foreshores; or\nin or on land under water.\nFish includes—\nprawns, crayfish, rock lobsters, crabs and other crustaceans; and\nscallops, oysters, pearl oysters and other molluscs; and\nsponges, annelid worms and holothurians; and\ntrochus and green snails.\nHowever, fish does not include—\npests under the Medicines and Poisons Act 2019 ; or\nanimals prescribed by regulation not to be fish.\nFish also includes—\nthe spat, spawn and eggs of fish; and\nany part of fish or of spat, spawn or eggs of fish; and\ntreated fish, including treated spat, spawn and eggs of fish; and\ncoral, coral limestone, shell grit or star sand; and\nfreshwater or saltwater products declared under a regulation to be fish.\nA regulation under subsection (4) (e) may declare a product to be fish only—\nfor a particular provision of this Act; or\nif the product is used for a particular purpose.\nSubsection (5) does not limit the Statutory Instruments Act 1992 , section 24 or 25 .\ns 5 amd 2003 No. 82 s 15 ; 2004 No. 53 s 2 sch ; 2006 No. 28 s 7 ; 2019 No. 6 s 3 sch 1 ; 2019 No. 28 s 28 ; 2019 No. 26 s 290 sch 2 ; 2024 No. 17 ss 136, 179\n(sec.5-ssec.1) Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives— in water (whether freshwater or saltwater); or in or on foreshores; or in or on land under water.\n(sec.5-ssec.2) Fish includes— prawns, crayfish, rock lobsters, crabs and other crustaceans; and scallops, oysters, pearl oysters and other molluscs; and sponges, annelid worms and holothurians; and trochus and green snails.\n(sec.5-ssec.3) However, fish does not include— pests under the Medicines and Poisons Act 2019 ; or animals prescribed by regulation not to be fish.\n(sec.5-ssec.4) Fish also includes— the spat, spawn and eggs of fish; and any part of fish or of spat, spawn or eggs of fish; and treated fish, including treated spat, spawn and eggs of fish; and coral, coral limestone, shell grit or star sand; and freshwater or saltwater products declared under a regulation to be fish.\n(sec.5-ssec.5) A regulation under subsection (4) (e) may declare a product to be fish only— for a particular provision of this Act; or if the product is used for a particular purpose.\n(sec.5-ssec.6) Subsection (5) does not limit the Statutory Instruments Act 1992 , section 24 or 25 .\n- (a) in water (whether freshwater or saltwater); or\n- (b) in or on foreshores; or\n- (c) in or on land under water.\n- (a) prawns, crayfish, rock lobsters, crabs and other crustaceans; and\n- (b) scallops, oysters, pearl oysters and other molluscs; and\n- (c) sponges, annelid worms and holothurians; and\n- (d) trochus and green snails.\n- (a) pests under the Medicines and Poisons Act 2019 ; or\n- (b) animals prescribed by regulation not to be fish.\n- (a) the spat, spawn and eggs of fish; and\n- (b) any part of fish or of spat, spawn or eggs of fish; and\n- (c) treated fish, including treated spat, spawn and eggs of fish; and\n- (d) coral, coral limestone, shell grit or star sand; and\n- (e) freshwater or saltwater products declared under a regulation to be fish.\n- (a) for a particular provision of this Act; or\n- (b) if the product is used for a particular purpose.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2000 No. 26 s 13 sch 2","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of fishery","content":"### sec.7 Meaning of fishery\n\nFishery includes activities by way of fishing, including, for example, activities specified by reference to all or any of the following—\na species of fish;\na type of fish by reference to sex, size or age or another characteristic;\nan area;\na way of fishing;\na type of boat;\na class of person;\nthe purpose of an activity;\nthe effect of the activity on a fish habitat, whether or not the activity involves fishing;\nanything else prescribed by regulation.\ns 7 amd 2019 No. 6 s 3 sch 1\n- (a) a species of fish;\n- (b) a type of fish by reference to sex, size or age or another characteristic;\n- (c) an area;\n- (d) a way of fishing;\n- (e) a type of boat;\n- (f) a class of person;\n- (g) the purpose of an activity;\n- (h) the effect of the activity on a fish habitat, whether or not the activity involves fishing;\n- (i) anything else prescribed by regulation.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of marine plant","content":"### sec.8 Meaning of marine plant\n\nMarine plant includes the following—\na plant (a tidal plant ) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen;\nmaterial of a tidal plant, or other plant material on tidal land;\na plant, or material of a plant, prescribed by regulation to be a marine plant.\nMarine plant does not include a plant that is—\nprohibited matter or restricted matter under the Biosecurity Act 2014 ; or\nSee the Biosecurity Act 2014 , schedule 1 or schedule 2 .\nSee also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\ncontrolled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\ns 8 amd 2002 No. 12 s 329 sch 2 ; 2014 No. 7 s 531 ; 2019 No. 6 s 3 sch 1\namd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n(sec.8-ssec.1) Marine plant includes the following— a plant (a tidal plant ) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen; material of a tidal plant, or other plant material on tidal land; a plant, or material of a plant, prescribed by regulation to be a marine plant.\n(sec.8-ssec.2) Marine plant does not include a plant that is— prohibited matter or restricted matter under the Biosecurity Act 2014 ; or See the Biosecurity Act 2014 , schedule 1 or schedule 2 . See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n- (a) a plant (a tidal plant ) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen;\n- (b) material of a tidal plant, or other plant material on tidal land;\n- (c) a plant, or material of a plant, prescribed by regulation to be a marine plant.\n- (a) prohibited matter or restricted matter under the Biosecurity Act 2014 ; or Notes— 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 . 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 2019 No. 6 s 30","sortOrder":13},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Operation of Act","content":"## Operation of Act","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Act binds all persons","content":"### sec.10 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"General application of Act","content":"### sec.11 General application of Act\n\nThis Act applies to persons, things, acts and omissions on or in—\nland within the limits of the State; and\nQueensland waters.\nHowever, this Act does not apply to—\nactivities to which a Commonwealth law cooperative fishery applies; or\nthe taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth) , for the purposes of a Commonwealth law Torres Strait cooperative fishery; or\nthe landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10 (2) (c) of the Commonwealth Fisheries Act ; or\nexclusive Commonwealth matters for a State law cooperative fishery; or\nthe taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004 .\nThis Act also applies to—\nrecreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and\nactivities in the Australian fishing zone to which a State law cooperative fishery applies.\nSubsection (3) (a) does not apply to recreational fishing regulated by a Commonwealth plan of management.\nSubsection (3) (b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery.\nIn this section—\nadjacent area for Queensland has the meaning given by the Petroleum (Submerged Lands) Act 1967 (Cwlth) .\nAustralian fishing zone has the meaning given by the Commonwealth Fisheries Act .\nCommonwealth fishing concession means a fishing concession within the meaning of the Commonwealth Fisheries Act .\nCommonwealth law cooperative fishery means a Commonwealth–State fishery managed under Commonwealth law.\nCommonwealth law Torres Strait cooperative fishery means a fishery managed under Commonwealth law under an arrangement under the Torres Strait Fisheries Act 1984 , part 3 .\nCommonwealth plan of management means a plan of management within the meaning of the Commonwealth Fisheries Act .\nexclusive Commonwealth matter , for a State law cooperative fishery, means any of the following matters—\nforeign boats;\noperations on and from foreign boats;\npersons on foreign boats;\nfor activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters.\nrecreational fishing has the same meaning as in the Commonwealth Fisheries Act .\nState law cooperative fishery means a Commonwealth–State fishery managed in accordance with State law.\ns 11 amd 2004 No. 19 s 127\n(sec.11-ssec.1) This Act applies to persons, things, acts and omissions on or in— land within the limits of the State; and Queensland waters.\n(sec.11-ssec.2) However, this Act does not apply to— activities to which a Commonwealth law cooperative fishery applies; or the taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth) , for the purposes of a Commonwealth law Torres Strait cooperative fishery; or the landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10 (2) (c) of the Commonwealth Fisheries Act ; or exclusive Commonwealth matters for a State law cooperative fishery; or the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004 .\n(sec.11-ssec.3) This Act also applies to— recreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and activities in the Australian fishing zone to which a State law cooperative fishery applies.\n(sec.11-ssec.4) Subsection (3) (a) does not apply to recreational fishing regulated by a Commonwealth plan of management.\n(sec.11-ssec.5) Subsection (3) (b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery.\n(sec.11-ssec.6) In this section— adjacent area for Queensland has the meaning given by the Petroleum (Submerged Lands) Act 1967 (Cwlth) . Australian fishing zone has the meaning given by the Commonwealth Fisheries Act . Commonwealth fishing concession means a fishing concession within the meaning of the Commonwealth Fisheries Act . Commonwealth law cooperative fishery means a Commonwealth–State fishery managed under Commonwealth law. Commonwealth law Torres Strait cooperative fishery means a fishery managed under Commonwealth law under an arrangement under the Torres Strait Fisheries Act 1984 , part 3 . Commonwealth plan of management means a plan of management within the meaning of the Commonwealth Fisheries Act . exclusive Commonwealth matter , for a State law cooperative fishery, means any of the following matters— foreign boats; operations on and from foreign boats; persons on foreign boats; for activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters. recreational fishing has the same meaning as in the Commonwealth Fisheries Act . State law cooperative fishery means a Commonwealth–State fishery managed in accordance with State law.\n- (a) land within the limits of the State; and\n- (b) Queensland waters.\n- (a) activities to which a Commonwealth law cooperative fishery applies; or\n- (b) the taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth) , for the purposes of a Commonwealth law Torres Strait cooperative fishery; or\n- (c) the landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10 (2) (c) of the Commonwealth Fisheries Act ; or\n- (d) exclusive Commonwealth matters for a State law cooperative fishery; or\n- (e) the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004 .\n- (a) recreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and\n- (b) activities in the Australian fishing zone to which a State law cooperative fishery applies.\n- (a) foreign boats;\n- (b) operations on and from foreign boats;\n- (c) persons on foreign boats;\n- (d) for activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"When Act does not apply","content":"### sec.12 When Act does not apply\n\nThis Act does not apply to—\nthe unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or\nthe unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person’s control, put the fish or plants back immediately they come into the person’s possession; or\nthe use of a hand net to lift from water fish taken by other fishing apparatus; or\nthe use of a gaff to secure fish taken by other fishing apparatus.\n- (a) the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or\n- (b) the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person’s control, put the fish or plants back immediately they come into the person’s possession; or\n- (c) the use of a hand net to lift from water fish taken by other fishing apparatus; or\n- (d) the use of a gaff to secure fish taken by other fishing apparatus.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Exemptions from Act","content":"### sec.13 Exemptions from Act\n\nA regulation may exempt a person from this Act or a provision of this Act.\nA regulation may exempt a person who keeps live fish, for sale, in a pet shop or restaurant from all provisions of the Act .\nA regulation may exempt a person from all provisions of the Act for the use or possession of specified fishing apparatus.\nThe exemption may be given on conditions stated in the regulation.\nA person must not contravene a condition of an exemption that applies to the person.\nMaximum penalty for subsection (3) —200 penalty units.\n(sec.13-ssec.1) A regulation may exempt a person from this Act or a provision of this Act. A regulation may exempt a person who keeps live fish, for sale, in a pet shop or restaurant from all provisions of the Act . A regulation may exempt a person from all provisions of the Act for the use or possession of specified fishing apparatus.\n(sec.13-ssec.2) The exemption may be given on conditions stated in the regulation.\n(sec.13-ssec.3) A person must not contravene a condition of an exemption that applies to the person. Maximum penalty for subsection (3) —200 penalty units.\n- 1 A regulation may exempt a person who keeps live fish, for sale, in a pet shop or restaurant from all provisions of the Act .\n- 2 A regulation may exempt a person from all provisions of the Act for the use or possession of specified fishing apparatus.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Defence for Aboriginal peoples and Torres Strait Islander peoples for particular offences","content":"### sec.14 Defence for Aboriginal peoples and Torres Strait Islander peoples for particular offences\n\nIt is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove—\nthe person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and\nthe taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and\ndepending on whichever of the following applies—\nfor an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters;\nfor an offence relating to the keeping of fisheries resources—\nthe fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and\nat the time of the offence, the fisheries resources were not in prescribed waters.\nHowever, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Ailan Kastom.\nIn this section—\nprescribed fishing apparatus means—\nfishing apparatus that is recreational fishing apparatus under a regulation or declaration; or\nfishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section.\nprescribed waters means waters—\nthat are regulated waters under a regulated waters declaration; and\nthat are prescribed specifically under a regulation for the purpose of this section; and\nwhere the taking of any fish, or the possession of any fish taken, by any person is prohibited.\ns 14 amd 2000 No. 26 s 13 sch 2 ; 2008 No. 41 s 4 ; 2019 No. 6 s 3 sch 1 ; 2024 No. 17 s 137\n(sec.14-ssec.1) It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove— the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and depending on whichever of the following applies— for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; for an offence relating to the keeping of fisheries resources— the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and at the time of the offence, the fisheries resources were not in prescribed waters.\n(sec.14-ssec.2) However, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Ailan Kastom.\n(sec.14-ssec.3) In this section— prescribed fishing apparatus means— fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section. prescribed waters means waters— that are regulated waters under a regulated waters declaration; and that are prescribed specifically under a regulation for the purpose of this section; and where the taking of any fish, or the possession of any fish taken, by any person is prohibited.\n- (a) the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and\n- (b) the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and\n- (c) depending on whichever of the following applies— (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters.\n- (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters;\n- (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters.\n- (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and\n- (B) at the time of the offence, the fisheries resources were not in prescribed waters.\n- (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters;\n- (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters.\n- (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and\n- (B) at the time of the offence, the fisheries resources were not in prescribed waters.\n- (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and\n- (B) at the time of the offence, the fisheries resources were not in prescribed waters.\n- (a) fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or\n- (b) fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section.\n- (a) that are regulated waters under a regulated waters declaration; and\n- (b) that are prescribed specifically under a regulation for the purpose of this section; and\n- (c) where the taking of any fish, or the possession of any fish taken, by any person is prohibited.","sortOrder":19},{"sectionNumber":"pt.2","sectionType":"part","heading":"Functions of Minister","content":"# Functions of Minister","sortOrder":20},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Harvest strategies","content":"## Harvest strategies","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Definitions for division","content":"### sec.15 Definitions for division\n\nIn this division—\napproved harvest strategy policy means the document called ‘Queensland Harvest Strategy Policy’—\napproved by the Minister; and\npublished on the department’s website.\npublic notice means a notice published—\nin a newspaper circulating generally throughout Queensland; and\non the department’s website.\ns 15 sub 1996 No. 59 s 34 ; 2019 No. 6 s 31\n- (a) approved by the Minister; and\n- (b) published on the department’s website.\n- (a) in a newspaper circulating generally throughout Queensland; and\n- (b) on the department’s website.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Approval of harvest strategy","content":"### sec.16 Approval of harvest strategy\n\nThe Minister may approve a harvest strategy prepared by the chief executive if the Minister is satisfied—\nthe harvest strategy is consistent with the main purpose of this Act; and\nthis subdivision has been complied with for the harvest strategy.\nAs soon as practicable but no more than 3 months after the chief executive gives the Minister a harvest strategy prepared under this subdivision, the Minister must—\napprove the harvest strategy; or\napprove the harvest strategy subject to stated changes being made to the strategy; or\ndecide not to approve the harvest strategy.\nIf the Minister approves the harvest strategy (including subject to stated changes being made), a copy of the approved harvest strategy must be published on the department’s website.\nThe Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made.\nThe public notice must state—\nthe reasons for the Minister’s decision; and\nif the Minister approves the harvest strategy (including subject to stated changes being made)—that a copy of the approved harvest strategy is available on the department’s website.\ns 16 prev s 16 om 1996 No. 59 s 34\npres s 16 ins 2019 No. 6 s 31\n(sec.16-ssec.1) The Minister may approve a harvest strategy prepared by the chief executive if the Minister is satisfied— the harvest strategy is consistent with the main purpose of this Act; and this subdivision has been complied with for the harvest strategy.\n(sec.16-ssec.2) As soon as practicable but no more than 3 months after the chief executive gives the Minister a harvest strategy prepared under this subdivision, the Minister must— approve the harvest strategy; or approve the harvest strategy subject to stated changes being made to the strategy; or decide not to approve the harvest strategy.\n(sec.16-ssec.3) If the Minister approves the harvest strategy (including subject to stated changes being made), a copy of the approved harvest strategy must be published on the department’s website.\n(sec.16-ssec.4) The Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made.\n(sec.16-ssec.5) The public notice must state— the reasons for the Minister’s decision; and if the Minister approves the harvest strategy (including subject to stated changes being made)—that a copy of the approved harvest strategy is available on the department’s website.\n- (a) the harvest strategy is consistent with the main purpose of this Act; and\n- (b) this subdivision has been complied with for the harvest strategy.\n- (a) approve the harvest strategy; or\n- (b) approve the harvest strategy subject to stated changes being made to the strategy; or\n- (c) decide not to approve the harvest strategy.\n- (a) the reasons for the Minister’s decision; and\n- (b) if the Minister approves the harvest strategy (including subject to stated changes being made)—that a copy of the approved harvest strategy is available on the department’s website.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Preparation and notice of draft harvest strategy","content":"### sec.17 Preparation and notice of draft harvest strategy\n\nThe chief executive may prepare a harvest strategy complying with section 19 for a fishery.\nIn preparing the draft harvest strategy, the chief executive must comply with the approved harvest strategy policy.\nThe chief executive must give public notice of the draft harvest strategy stating—\nthe fishery to which the draft harvest strategy applies; and\nthat a copy of the draft harvest strategy is available for inspection, without charge—\nduring normal business hours at each office of the department; and\non the department’s website; and\nthat written submissions may be made to the chief executive about the draft harvest strategy within a stated reasonable period of at least 28 days after the notice is published on the department’s website.\ns 17 prev s 17 om 1996 No. 59 s 34\npres s 17 ins 2019 No. 6 s 31\n(sec.17-ssec.1) The chief executive may prepare a harvest strategy complying with section 19 for a fishery.\n(sec.17-ssec.2) In preparing the draft harvest strategy, the chief executive must comply with the approved harvest strategy policy.\n(sec.17-ssec.3) The chief executive must give public notice of the draft harvest strategy stating— the fishery to which the draft harvest strategy applies; and that a copy of the draft harvest strategy is available for inspection, without charge— during normal business hours at each office of the department; and on the department’s website; and that written submissions may be made to the chief executive about the draft harvest strategy within a stated reasonable period of at least 28 days after the notice is published on the department’s website.\n- (a) the fishery to which the draft harvest strategy applies; and\n- (b) that a copy of the draft harvest strategy is available for inspection, without charge— (i) during normal business hours at each office of the department; and (ii) on the department’s website; and\n- (i) during normal business hours at each office of the department; and\n- (ii) on the department’s website; and\n- (c) that written submissions may be made to the chief executive about the draft harvest strategy within a stated reasonable period of at least 28 days after the notice is published on the department’s website.\n- (i) during normal business hours at each office of the department; and\n- (ii) on the department’s website; and","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Preparation and submission of final harvest strategy","content":"### sec.18 Preparation and submission of final harvest strategy\n\nThis section applies if the chief executive prepares a draft harvest strategy for a fishery under section 17 .\nThe chief executive must prepare a final harvest strategy complying with section 19 for the fishery.\nThe final harvest strategy must be prepared having regard to each submission made about the draft harvest strategy within the period stated in the public notice.\nThe chief executive must give the Minister—\nthe final harvest strategy; and\na written report about—\nthe submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and\nother consultation undertaken by the chief executive in preparing the draft or final harvest strategy.\ns 18 prev s 18 om 1996 No. 59 s 34\npres s 18 ins 2019 No. 6 s 31\n(sec.18-ssec.1) This section applies if the chief executive prepares a draft harvest strategy for a fishery under section 17 .\n(sec.18-ssec.2) The chief executive must prepare a final harvest strategy complying with section 19 for the fishery.\n(sec.18-ssec.3) The final harvest strategy must be prepared having regard to each submission made about the draft harvest strategy within the period stated in the public notice.\n(sec.18-ssec.4) The chief executive must give the Minister— the final harvest strategy; and a written report about— the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and other consultation undertaken by the chief executive in preparing the draft or final harvest strategy.\n- (a) the final harvest strategy; and\n- (b) a written report about— (i) the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and (ii) other consultation undertaken by the chief executive in preparing the draft or final harvest strategy.\n- (i) the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and\n- (ii) other consultation undertaken by the chief executive in preparing the draft or final harvest strategy.\n- (i) the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and\n- (ii) other consultation undertaken by the chief executive in preparing the draft or final harvest strategy.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Content of harvest strategy","content":"### sec.19 Content of harvest strategy\n\nThe draft and final harvest strategy must state—\nthe fishery to which it applies; and\nthe ecological, economic and social objectives for the fishery; and\nthe allocation of access to fisheries resources for the fishery—\nto each fishing sector; and\nto another purpose or group of persons (if any); and\na framework for the management of the fishery, including—\nthe targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and\nthe triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and\nhow the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and\naction that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved.\nThe draft and final harvest strategy may also—\nstate when the performance of the fishery must be assessed under section 25 ; or\nstate when the harvest strategy must be reviewed under section 26 , which must be at least once every 5 years; or\nprovide for other matters for achieving the main purpose of this Act.\ns 19 prev s 19 om 1996 No. 59 s 34\npres s 19 ins 2019 No. 6 s 31\n(sec.19-ssec.1) The draft and final harvest strategy must state— the fishery to which it applies; and the ecological, economic and social objectives for the fishery; and the allocation of access to fisheries resources for the fishery— to each fishing sector; and to another purpose or group of persons (if any); and a framework for the management of the fishery, including— the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved.\n(sec.19-ssec.2) The draft and final harvest strategy may also— state when the performance of the fishery must be assessed under section 25 ; or state when the harvest strategy must be reviewed under section 26 , which must be at least once every 5 years; or provide for other matters for achieving the main purpose of this Act.\n- (a) the fishery to which it applies; and\n- (b) the ecological, economic and social objectives for the fishery; and\n- (c) the allocation of access to fisheries resources for the fishery— (i) to each fishing sector; and (ii) to another purpose or group of persons (if any); and\n- (i) to each fishing sector; and\n- (ii) to another purpose or group of persons (if any); and\n- (d) a framework for the management of the fishery, including— (i) the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and (ii) the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and (iii) how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and (iv) action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved.\n- (i) the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and\n- (ii) the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and\n- (iii) how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and\n- (iv) action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved.\n- (i) to each fishing sector; and\n- (ii) to another purpose or group of persons (if any); and\n- (i) the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and\n- (ii) the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and\n- (iii) how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and\n- (iv) action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved.\n- (a) state when the performance of the fishery must be assessed under section 25 ; or\n- (b) state when the harvest strategy must be reviewed under section 26 , which must be at least once every 5 years; or\n- (c) provide for other matters for achieving the main purpose of this Act.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amendment of harvest strategy","content":"### sec.20 Amendment of harvest strategy\n\nThe Minister may approve an amendment of an approved harvest strategy prepared by the chief executive if the Minister is satisfied—\nthe harvest strategy, as amended, would be consistent with the main purpose of this Act; and\nthis subdivision has been complied with for the amendment.\nAs soon as practicable but no more than 3 months after the chief executive gives the Minister an amendment of an approved harvest strategy prepared under this subdivision, the Minister must—\napprove the amendment; or\napprove the amendment subject to stated changes being made to the amendment; or\ndecide not to approve the amendment.\nIf the Minister approves the amendment (including subject to stated changes being made), a copy of the approved amendment, and a copy of the approved harvest strategy including the amendment, must be published on the department’s website.\nThe Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made.\nThe public notice must state—\nthe reasons for the Minister’s decision; and\nif the Minister approves the amendment (including subject to stated changes being made)—that a copy of the approved amendment, and a copy of the approved harvest strategy including the approved amendment, is available on the department’s website.\ns 20 amd 2000 No. 26 s 13 sch 2\n(prev s 26(1)) reloc to s 20(1A) 2000 No. 26 s 13 sch 2\namd 2003 No. 82 s 16 ; 2006 No. 28 s 8 ; 2014 No. 7 s 532\nsub 2019 No. 6 s 31\n(sec.20-ssec.1) The Minister may approve an amendment of an approved harvest strategy prepared by the chief executive if the Minister is satisfied— the harvest strategy, as amended, would be consistent with the main purpose of this Act; and this subdivision has been complied with for the amendment.\n(sec.20-ssec.2) As soon as practicable but no more than 3 months after the chief executive gives the Minister an amendment of an approved harvest strategy prepared under this subdivision, the Minister must— approve the amendment; or approve the amendment subject to stated changes being made to the amendment; or decide not to approve the amendment.\n(sec.20-ssec.3) If the Minister approves the amendment (including subject to stated changes being made), a copy of the approved amendment, and a copy of the approved harvest strategy including the amendment, must be published on the department’s website.\n(sec.20-ssec.4) The Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made.\n(sec.20-ssec.5) The public notice must state— the reasons for the Minister’s decision; and if the Minister approves the amendment (including subject to stated changes being made)—that a copy of the approved amendment, and a copy of the approved harvest strategy including the approved amendment, is available on the department’s website.\n- (a) the harvest strategy, as amended, would be consistent with the main purpose of this Act; and\n- (b) this subdivision has been complied with for the amendment.\n- (a) approve the amendment; or\n- (b) approve the amendment subject to stated changes being made to the amendment; or\n- (c) decide not to approve the amendment.\n- (a) the reasons for the Minister’s decision; and\n- (b) if the Minister approves the amendment (including subject to stated changes being made)—that a copy of the approved amendment, and a copy of the approved harvest strategy including the approved amendment, is available on the department’s website.","sortOrder":27},{"sectionNumber":"sec.20A","sectionType":"section","heading":null,"content":"### Section sec.20A\n\ns 20A (prev s 27) amd 2000 No. 26 s 13 sch 2\nrenum and reloc 2000 No. 26 s 13 sch 2\namd 2006 No. 28 s 9\nom 2019 No. 6 s 31","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Preparation and notice of draft amendment","content":"### sec.21 Preparation and notice of draft amendment\n\nThe chief executive may prepare an amendment of an approved harvest strategy.\nIn preparing the draft amendment, the chief executive must comply with the approved harvest strategy policy.\nThe chief executive must give public notice of the draft amendment stating—\nthe approved harvest strategy to which the amendment applies; and\nthat a copy of the draft amendment is available for inspection, without charge—\nduring normal business hours at each office of the department; and\non the department’s website; and\nthat written submissions may be made to the chief executive about the draft amendment within a stated reasonable period of at least 28 days after the notice is published on the department’s website.\nSubsection (3) does not apply to a minor amendment to—\ncorrect an error in the approved harvest strategy; or\nmake a change other than a change of substance.\ns 21 amd 2000 No. 26 s 13 sch 2 ; 2006 No. 28 s 10\nsub 2019 No. 6 s 31\n(sec.21-ssec.1) The chief executive may prepare an amendment of an approved harvest strategy.\n(sec.21-ssec.2) In preparing the draft amendment, the chief executive must comply with the approved harvest strategy policy.\n(sec.21-ssec.3) The chief executive must give public notice of the draft amendment stating— the approved harvest strategy to which the amendment applies; and that a copy of the draft amendment is available for inspection, without charge— during normal business hours at each office of the department; and on the department’s website; and that written submissions may be made to the chief executive about the draft amendment within a stated reasonable period of at least 28 days after the notice is published on the department’s website.\n(sec.21-ssec.4) Subsection (3) does not apply to a minor amendment to— correct an error in the approved harvest strategy; or make a change other than a change of substance.\n- (a) the approved harvest strategy to which the amendment applies; and\n- (b) that a copy of the draft amendment is available for inspection, without charge— (i) during normal business hours at each office of the department; and (ii) on the department’s website; and\n- (i) during normal business hours at each office of the department; and\n- (ii) on the department’s website; and\n- (c) that written submissions may be made to the chief executive about the draft amendment within a stated reasonable period of at least 28 days after the notice is published on the department’s website.\n- (i) during normal business hours at each office of the department; and\n- (ii) on the department’s website; and\n- (a) correct an error in the approved harvest strategy; or\n- (b) make a change other than a change of substance.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preparation and submission of final amendment","content":"### sec.22 Preparation and submission of final amendment\n\nThis section applies if the chief executive prepares an amendment of an approved harvest strategy under section 21 .\nThe chief executive may prepare a final amendment of the harvest strategy.\nThe final amendment must be prepared having regard to each submission made about the draft amendment within the period stated in the public notice.\nThe chief executive must give the Minister—\nthe final amendment; and\na written report about—\nthe submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and\nother consultation undertaken by the chief executive in preparing the draft or final amendment.\ns 22 amd 2004 No. 53 s 2 sch; 2003 No. 82 s 17 ; 2016 No. 27 s 235\nsub 2019 No. 6 s 31\n(sec.22-ssec.1) This section applies if the chief executive prepares an amendment of an approved harvest strategy under section 21 .\n(sec.22-ssec.2) The chief executive may prepare a final amendment of the harvest strategy.\n(sec.22-ssec.3) The final amendment must be prepared having regard to each submission made about the draft amendment within the period stated in the public notice.\n(sec.22-ssec.4) The chief executive must give the Minister— the final amendment; and a written report about— the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and other consultation undertaken by the chief executive in preparing the draft or final amendment.\n- (a) the final amendment; and\n- (b) a written report about— (i) the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and (ii) other consultation undertaken by the chief executive in preparing the draft or final amendment.\n- (i) the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and\n- (ii) other consultation undertaken by the chief executive in preparing the draft or final amendment.\n- (i) the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and\n- (ii) other consultation undertaken by the chief executive in preparing the draft or final amendment.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Action under Act must be consistent with harvest strategy","content":"### sec.23 Action under Act must be consistent with harvest strategy\n\nThe chief executive or another person involved in the administration of this Act must not make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy.\nSubsection (1) does not apply to a person acting under a direction given under section 24 .\ns 23 ins 2019 No. 6 s 31\n(sec.23-ssec.1) The chief executive or another person involved in the administration of this Act must not make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy.\n(sec.23-ssec.2) Subsection (1) does not apply to a person acting under a direction given under section 24 .","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Ministerial direction about action inconsistent with harvest strategy","content":"### sec.24 Ministerial direction about action inconsistent with harvest strategy\n\nThe Minister may direct the chief executive or another person involved in the administration of this Act to make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy if—\nthe chief executive or other person is authorised to make the decision or do the thing under this Act; and\nthe Minister is satisfied making the decision or doing the thing is consistent with the main purpose of this Act.\nThe chief executive or other person must comply with the direction.\nThe direction remains in force for 3 months after it is given.\nThe Minister must give public notice of the direction within 14 days after the direction is given.\nThe public notice must state—\nthe direction and to whom it has been given; and\nthe reasons for the direction; and\nthe period for which the direction remains in force.\ns 24 prev s 24 om 2000 No. 26 s 4\npres s 24 ins 2019 No. 6 s 31\n(sec.24-ssec.1) The Minister may direct the chief executive or another person involved in the administration of this Act to make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy if— the chief executive or other person is authorised to make the decision or do the thing under this Act; and the Minister is satisfied making the decision or doing the thing is consistent with the main purpose of this Act.\n(sec.24-ssec.2) The chief executive or other person must comply with the direction.\n(sec.24-ssec.3) The direction remains in force for 3 months after it is given.\n(sec.24-ssec.4) The Minister must give public notice of the direction within 14 days after the direction is given.\n(sec.24-ssec.5) The public notice must state— the direction and to whom it has been given; and the reasons for the direction; and the period for which the direction remains in force.\n- (a) the chief executive or other person is authorised to make the decision or do the thing under this Act; and\n- (b) the Minister is satisfied making the decision or doing the thing is consistent with the main purpose of this Act.\n- (a) the direction and to whom it has been given; and\n- (b) the reasons for the direction; and\n- (c) the period for which the direction remains in force.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Assessment of performance of fishery","content":"### sec.25 Assessment of performance of fishery\n\nThe chief executive must assess the performance of a fishery against the approved harvest strategy for the fishery.\nThe assessment must be conducted—\nif the harvest strategy states when the assessment must be conducted—at the stated time; or\notherwise—annually.\nThe chief executive must give the Minister a written report about the assessment within 21 days after completing the assessment.\nThe report must state the action the chief executive considers should be taken to address any concerns about the performance of the fishery against the harvest strategy.\nUnless the Minister directs otherwise within 21 days after the Minister is given the report, the chief executive must take the action mentioned in subsection (4) as soon as practicable after the 21 days have passed.\ns 25 prev s 25 om 2000 No. 26 s 13 sch 2\npres s 25 ins 2019 No. 6 s 31\n(sec.25-ssec.1) The chief executive must assess the performance of a fishery against the approved harvest strategy for the fishery.\n(sec.25-ssec.2) The assessment must be conducted— if the harvest strategy states when the assessment must be conducted—at the stated time; or otherwise—annually.\n(sec.25-ssec.3) The chief executive must give the Minister a written report about the assessment within 21 days after completing the assessment.\n(sec.25-ssec.4) The report must state the action the chief executive considers should be taken to address any concerns about the performance of the fishery against the harvest strategy.\n(sec.25-ssec.5) Unless the Minister directs otherwise within 21 days after the Minister is given the report, the chief executive must take the action mentioned in subsection (4) as soon as practicable after the 21 days have passed.\n- (a) if the harvest strategy states when the assessment must be conducted—at the stated time; or\n- (b) otherwise—annually.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Review of harvest strategy","content":"### sec.26 Review of harvest strategy\n\nThe chief executive must review each approved harvest strategy to assess whether it is achieving the main purpose of this Act in an appropriate and effective way.\nThe review must be conducted—\nif the harvest strategy states when the review must be conducted—at the stated time; or\notherwise—within 5 years after the harvest strategy was approved by the Minister or, if applicable, the last time the harvest strategy was reviewed.\nThe chief executive must give the Minister a written report about the review within 21 days after completing the review.\nThe report must state the action the chief executive considers should be taken to address any concerns about the harvest strategy, including, for example—\nwhether the harvest strategy should be amended and, if so, how; and\nwhether the Minister should issue a direction under section 24 or make a reallocation decision under division 2 .\ns 26 prev s 26 amd 1996 No. 59 s 35 ; 2000 No. 26 s 13 sch 2\nprev s 26(1) reloc to s 20(1A) 2000 No. 26 s 13 sch 2\npres s 26 ins 2019 No. 6 s 31\n(sec.26-ssec.1) The chief executive must review each approved harvest strategy to assess whether it is achieving the main purpose of this Act in an appropriate and effective way.\n(sec.26-ssec.2) The review must be conducted— if the harvest strategy states when the review must be conducted—at the stated time; or otherwise—within 5 years after the harvest strategy was approved by the Minister or, if applicable, the last time the harvest strategy was reviewed.\n(sec.26-ssec.3) The chief executive must give the Minister a written report about the review within 21 days after completing the review.\n(sec.26-ssec.4) The report must state the action the chief executive considers should be taken to address any concerns about the harvest strategy, including, for example— whether the harvest strategy should be amended and, if so, how; and whether the Minister should issue a direction under section 24 or make a reallocation decision under division 2 .\n- (a) if the harvest strategy states when the review must be conducted—at the stated time; or\n- (b) otherwise—within 5 years after the harvest strategy was approved by the Minister or, if applicable, the last time the harvest strategy was reviewed.\n- (a) whether the harvest strategy should be amended and, if so, how; and\n- (b) whether the Minister should issue a direction under section 24 or make a reallocation decision under division 2 .","sortOrder":34},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Resource reallocation","content":"## Resource reallocation","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Reallocation decision","content":"### sec.27 Reallocation decision\n\nThe Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community.\nThe Minister may make a decision under subsection (1) (a reallocation decision ) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative.\nFor making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from—\nthe chief executive; and\nthe applicant for the reallocation, if any; and\nrepresentatives of the affected fishing sectors; and\nany advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and\nother entities the Minister considers appropriate.\nIf the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made.\nThe public notice must state—\nthe reallocation decision; and\nthe reasons for the reallocation decision; and\nif known, the action proposed to be taken under this Act to implement the reallocation decision.\nIn this section—\nreallocation , in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources—\nfrom a fishing sector to another fishing sector; or\nfrom a fishing sector to another purpose or group of persons; or\nfrom a purpose or group of persons to a fishing sector or another purpose or group of persons.\ns 27 ins 2019 No. 6 s 31\n(sec.27-ssec.1) The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community.\n(sec.27-ssec.2) The Minister may make a decision under subsection (1) (a reallocation decision ) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative.\n(sec.27-ssec.3) For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from— the chief executive; and the applicant for the reallocation, if any; and representatives of the affected fishing sectors; and any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and other entities the Minister considers appropriate.\n(sec.27-ssec.4) If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made.\n(sec.27-ssec.5) The public notice must state— the reallocation decision; and the reasons for the reallocation decision; and if known, the action proposed to be taken under this Act to implement the reallocation decision.\n(sec.27-ssec.6) In this section— reallocation , in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources— from a fishing sector to another fishing sector; or from a fishing sector to another purpose or group of persons; or from a purpose or group of persons to a fishing sector or another purpose or group of persons. s 27 ins 2019 No. 6 s 31\n- (a) the chief executive; and\n- (b) the applicant for the reallocation, if any; and\n- (c) representatives of the affected fishing sectors; and\n- (d) any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and\n- (e) other entities the Minister considers appropriate.\n- (a) the reallocation decision; and\n- (b) the reasons for the reallocation decision; and\n- (c) if known, the action proposed to be taken under this Act to implement the reallocation decision.\n- (a) from a fishing sector to another fishing sector; or\n- (b) from a fishing sector to another purpose or group of persons; or\n- (c) from a purpose or group of persons to a fishing sector or another purpose or group of persons.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Chief executive to implement reallocation decision","content":"### sec.28 Chief executive to implement reallocation decision\n\nThe chief executive must take all necessary steps to give effect to a reallocation decision, including, for example—\npreparing an amendment of an approved harvest strategy and giving it to the Minister for approval under division 1 ; or\nmaking or amending a declaration under part 5 , division 1 .\nIn acting under subsection (1) , the chief executive may advise the Minister of, and seek the Minister’s approval for, alternative ways to give effect to the Minister’s decision.\ns 28 prev s 28 om 2000 No. 26 s 13 sch 2\npres s 28 ins 2019 No. 6 s 31\n(sec.28-ssec.1) The chief executive must take all necessary steps to give effect to a reallocation decision, including, for example— preparing an amendment of an approved harvest strategy and giving it to the Minister for approval under division 1 ; or making or amending a declaration under part 5 , division 1 .\n(sec.28-ssec.2) In acting under subsection (1) , the chief executive may advise the Minister of, and seek the Minister’s approval for, alternative ways to give effect to the Minister’s decision.\n- (a) preparing an amendment of an approved harvest strategy and giving it to the Minister for approval under division 1 ; or\n- (b) making or amending a declaration under part 5 , division 1 .","sortOrder":37},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Ministerial advisory bodies","content":"## Ministerial advisory bodies","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Minister may establish advisory bodies","content":"### sec.29 Minister may establish advisory bodies\n\nThe Minister may establish an advisory committee or other body to help the Minister in the administration of this Act.\ns 29 prev s 29 om 2000 No. 26 s 13 sch 2\npres s 29 ins 2019 No. 6 s 31","sortOrder":39},{"sectionNumber":"pt.3","sectionType":"part","heading":"Shark control program","content":"# Shark control program","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Management of shark control program","content":"### sec.30 Management of shark control program\n\nThe chief executive must establish and manage a shark control program for the coastal waters of the State the chief executive considers necessary or desirable.\nThe shark control program may be established and managed despite the main purpose of this Act under section 3 (1) .\nTo remove any doubt, it is declared that it is not a function of the chief executive to establish or manage the shark control program other than to the extent mentioned in subsection (1) .\ns 30 prev s 30 om 2000 No. 26 s 13 sch 2\npres s 30 ins 2019 No. 6 s 31\n(sec.30-ssec.1) The chief executive must establish and manage a shark control program for the coastal waters of the State the chief executive considers necessary or desirable.\n(sec.30-ssec.2) The shark control program may be established and managed despite the main purpose of this Act under section 3 (1) .\n(sec.30-ssec.3) To remove any doubt, it is declared that it is not a function of the chief executive to establish or manage the shark control program other than to the extent mentioned in subsection (1) .","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Exclusion zone","content":"### sec.31 Exclusion zone\n\nA person must not, without a reasonable excuse, be in the exclusion zone for shark control equipment.\nMaximum penalty—200 penalty units.\nThe locations of shark control equipment are available on the department’s website.\nSubsection (1) does not apply to a person who is authorised, in writing, by the chief executive or an inspector to be in the exclusion zone for shark control equipment for—\ninstalling, repairing or maintaining the equipment; or\nfreeing animals, persons or things caught in the equipment.\nAlso, subsection (1) does not apply to a person in a boat that transits through the exclusion zone for shark control equipment—\nin a straight line or in the most appropriate or direct route, taking into account the circumstances of the waters; and\nwithout stopping.\nIn this section—\nexclusion zone , for shark control equipment, means the area within 20m of the shark control equipment.\nshark control equipment means—\nany equipment, such as a net or line, that is connected to a buoy marked with the words ‘shark control program’; and\nany buoy or other thing that is connected to the equipment.\nanchor, float, hook, sinker\ns 31 prev s 31 om 2000 No. 26 s 13 sch 2\npres s 31 ins 2019 No. 6 s 31\namd 2024 No. 17 s 138\n(sec.31-ssec.1) A person must not, without a reasonable excuse, be in the exclusion zone for shark control equipment. Maximum penalty—200 penalty units. The locations of shark control equipment are available on the department’s website.\n(sec.31-ssec.2) Subsection (1) does not apply to a person who is authorised, in writing, by the chief executive or an inspector to be in the exclusion zone for shark control equipment for— installing, repairing or maintaining the equipment; or freeing animals, persons or things caught in the equipment.\n(sec.31-ssec.3) Also, subsection (1) does not apply to a person in a boat that transits through the exclusion zone for shark control equipment— in a straight line or in the most appropriate or direct route, taking into account the circumstances of the waters; and without stopping.\n(sec.31-ssec.4) In this section— exclusion zone , for shark control equipment, means the area within 20m of the shark control equipment. shark control equipment means— any equipment, such as a net or line, that is connected to a buoy marked with the words ‘shark control program’; and any buoy or other thing that is connected to the equipment. anchor, float, hook, sinker\n- (a) installing, repairing or maintaining the equipment; or\n- (b) freeing animals, persons or things caught in the equipment.\n- (a) in a straight line or in the most appropriate or direct route, taking into account the circumstances of the waters; and\n- (b) without stopping.\n- (a) any equipment, such as a net or line, that is connected to a buoy marked with the words ‘shark control program’; and\n- (b) any buoy or other thing that is connected to the equipment. Examples of other things for paragraph (b) — anchor, float, hook, sinker","sortOrder":42},{"sectionNumber":"pt.4","sectionType":"part","heading":"Accepted development requirements","content":"# Accepted development requirements","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Accepted development requirements for Planning Act","content":"### sec.32 Accepted development requirements for Planning Act\n\nA regulation may, for the Planning Act , state the requirements (the accepted development requirements ) that fisheries development must comply with to be categorised as accepted development under that Act.\ns 32 prev s 32 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 6\nom 2019 No. 6 s 33\npres s 32 (orig s 23) om 2000 No. 26 s 4\nins 2016 No. 27 s 236\nrenum 2019 No. 6 s 32","sortOrder":44},{"sectionNumber":"pt.5","sectionType":"part","heading":"Fisheries management","content":"# Fisheries management","sortOrder":45},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Chief executive declarations","content":"## Chief executive declarations","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Power to make declarations","content":"### sec.33 Power to make declarations\n\nThe chief executive may make the declarations mentioned in this subdivision (each a fisheries declaration ).\nA fisheries declaration may be made to protect things that are not fish.\nA declaration may regulate taking or possessing fish in an area to protect dugong in the area.\nA fisheries declaration made under this subdivision is subordinate legislation.\ns 33 prev s 33 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 7\nom 2006 No. 28 s 11\npres s 33 ins 2019 No. 6 s 33\n(sec.33-ssec.1) The chief executive may make the declarations mentioned in this subdivision (each a fisheries declaration ).\n(sec.33-ssec.2) A fisheries declaration may be made to protect things that are not fish. A declaration may regulate taking or possessing fish in an area to protect dugong in the area.\n(sec.33-ssec.3) A fisheries declaration made under this subdivision is subordinate legislation.","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Regulated fish declaration","content":"### sec.34 Regulated fish declaration\n\nA fisheries declaration (a regulated fish declaration ) may regulate the taking, purchase, sale, possession or use of particular fish.\nA limit may be placed on the size or number of a species or type of fish that may be taken, purchased, sold, used or possessed.\nThe taking, possessing or selling of fish of a particular species or type may be prohibited.\nThe fish may be regulated by way of fillet size or other form in which they may be possessed after they are taken.\ns 34 sub 2019 No. 6 s 33\n- 1 A limit may be placed on the size or number of a species or type of fish that may be taken, purchased, sold, used or possessed.\n- 2 The taking, possessing or selling of fish of a particular species or type may be prohibited.\n- 3 The fish may be regulated by way of fillet size or other form in which they may be possessed after they are taken.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Regulated waters declaration","content":"### sec.35 Regulated waters declaration\n\nA fisheries declaration (a regulated waters declaration ) may regulate all or any of the following in particular waters—\nthe taking or possessing of fish;\nengaging in stated activities;\nusing or possessing a boat, aquaculture furniture, fishing apparatus or anything else.\nHowever, a regulated waters declaration does not apply to an activity authorised by a development approval unless the declaration expressly states that it applies to the activity.\nIn this section—\nwaters includes foreshores and nontidal land.\ns 35 sub 2001 No. 23 s 8 ; 2019 No. 6 s 33\namd 2020 No. 3 s 95\n(sec.35-ssec.1) A fisheries declaration (a regulated waters declaration ) may regulate all or any of the following in particular waters— the taking or possessing of fish; engaging in stated activities; using or possessing a boat, aquaculture furniture, fishing apparatus or anything else.\n(sec.35-ssec.2) However, a regulated waters declaration does not apply to an activity authorised by a development approval unless the declaration expressly states that it applies to the activity.\n(sec.35-ssec.3) In this section— waters includes foreshores and nontidal land.\n- (a) the taking or possessing of fish;\n- (b) engaging in stated activities;\n- (c) using or possessing a boat, aquaculture furniture, fishing apparatus or anything else.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Other fisheries declarations","content":"### sec.36 Other fisheries declarations\n\nA fisheries declaration (a regulated fishing apparatus declaration ) may regulate the purchase, sale, possession or use of particular fishing apparatus.\nA fisheries declaration (a regulated fishing method declaration ) may regulate how fish may be taken.\ns 36 amd 1997 No. 73 s 27 ; 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 9\nsub 2019 No. 6 s 33\n(sec.36-ssec.1) A fisheries declaration (a regulated fishing apparatus declaration ) may regulate the purchase, sale, possession or use of particular fishing apparatus.\n(sec.36-ssec.2) A fisheries declaration (a regulated fishing method declaration ) may regulate how fish may be taken.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Quota declaration","content":"### sec.37 Quota declaration\n\nThe chief executive may make a declaration (a quota declaration ) about the total quota entitlement for a fishery or part of a fishery.\nA regulation may provide for the proportion of the total quota entitlement allocated for each quota authority for the fishery or part of the fishery.\nThe total quota entitlement, and the quota entitlement for a quota authority, may be by reference to 1 or more of the following—\nan amount of fish;\nan amount of effort;\nanother matter prescribed by regulation.\nA quota declaration made under this subdivision is subordinate legislation.\ns 37 amd 2003 No. 82 s 18\nsub 2006 No. 28 s 12 ; 2019 No. 6 s 33\n(sec.37-ssec.1) The chief executive may make a declaration (a quota declaration ) about the total quota entitlement for a fishery or part of a fishery.\n(sec.37-ssec.2) A regulation may provide for the proportion of the total quota entitlement allocated for each quota authority for the fishery or part of the fishery.\n(sec.37-ssec.3) The total quota entitlement, and the quota entitlement for a quota authority, may be by reference to 1 or more of the following— an amount of fish; an amount of effort; another matter prescribed by regulation.\n(sec.37-ssec.4) A quota declaration made under this subdivision is subordinate legislation.\n- (a) an amount of fish;\n- (b) an amount of effort;\n- (c) another matter prescribed by regulation.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Urgent declaration","content":"### sec.38 Urgent declaration\n\nThe chief executive may make a fisheries declaration or a quota declaration (in either case an urgent declaration ) under this subdivision if the chief executive is satisfied that urgent action is needed—\nto deal with a significant threat to fisheries resources or a fish habitat; or\nto deal with a significant threat caused by fishing to a thing that is not fish; or\nfor another emergency.\ns 38 sub 2001 No. 23 s 10 ; 2019 No. 6 s 33\n- (a) to deal with a significant threat to fisheries resources or a fish habitat; or\n- (b) to deal with a significant threat caused by fishing to a thing that is not fish; or\n- (c) for another emergency.","sortOrder":52},{"sectionNumber":"sec.38A","sectionType":"section","heading":null,"content":"### Section sec.38A\n\ns 38A ins 1997 No. 73 s 28\namd 2006 No. 28 s 13\nom 2019 No. 6 s 33","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Authorising declaration","content":"### sec.39 Authorising declaration\n\nThis section applies if—\nany of the following happens—\na natural disaster, accident or other event;\nthe chief executive makes an urgent declaration; and\nthe chief executive is satisfied—\nbecause of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and\nurgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and\nauthorising the doing of the stated thing for the temporary period—\ndoes not create an unacceptable risk to fisheries resources or fish habitat; and\nis consistent with the principles of ecologically sustainable development.\nThe chief executive may make a declaration (an authorising declaration ) that authorises holders of the particular authorities to do the stated thing for the temporary period.\ntaking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area\nusing stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration\ns 39 prev s 39 amd 2000 No. 26 s 13 sch 2\nsub 2001 No. 23 s 10\nom 2006 No. 28 s 14\npres s 39 ins 2019 No. 6 s 33\n(sec.39-ssec.1) This section applies if— any of the following happens— a natural disaster, accident or other event; the chief executive makes an urgent declaration; and the chief executive is satisfied— because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and authorising the doing of the stated thing for the temporary period— does not create an unacceptable risk to fisheries resources or fish habitat; and is consistent with the principles of ecologically sustainable development.\n(sec.39-ssec.2) The chief executive may make a declaration (an authorising declaration ) that authorises holders of the particular authorities to do the stated thing for the temporary period. taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration\n- (a) any of the following happens— (i) a natural disaster, accident or other event; (ii) the chief executive makes an urgent declaration; and\n- (i) a natural disaster, accident or other event;\n- (ii) the chief executive makes an urgent declaration; and\n- (b) the chief executive is satisfied— (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development.\n- (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and\n- (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and\n- (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development.\n- (A) does not create an unacceptable risk to fisheries resources or fish habitat; and\n- (B) is consistent with the principles of ecologically sustainable development.\n- (i) a natural disaster, accident or other event;\n- (ii) the chief executive makes an urgent declaration; and\n- (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and\n- (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and\n- (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development.\n- (A) does not create an unacceptable risk to fisheries resources or fish habitat; and\n- (B) is consistent with the principles of ecologically sustainable development.\n- (A) does not create an unacceptable risk to fisheries resources or fish habitat; and\n- (B) is consistent with the principles of ecologically sustainable development.\n- 1 taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area\n- 2 using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration","sortOrder":54},{"sectionNumber":"sec.39A","sectionType":"section","heading":null,"content":"### Section sec.39A\n\ns 39A ins 2001 No. 23 s 10\nom 2019 No. 6 s 33","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Making urgent declaration or authorising declaration","content":"### sec.40 Making urgent declaration or authorising declaration\n\nThe chief executive makes an urgent declaration or authorising declaration by publishing it on the department’s website.\nThe urgent declaration or authorising declaration must—\nstate whether it is an urgent declaration or an authorising declaration; and\noutline the reason for making the declaration; and\nbe signed by the chief executive.\nThe chief executive must take all reasonable steps to ensure persons who may be affected by the urgent declaration or authorising declaration are made aware of the declaration.\npublishing notice of the declaration (or a copy of the declaration) in relevant newspapers or on social media\nelectronically communicating notice of the declaration (or a copy of the declaration) to holders of relevant authorities, including, for example, by email or SMS\nThe Statutory Instruments Act 1992 , sections 49 , 50 and 51 apply to an urgent declaration or authorising declaration as if it were subordinate legislation.\ns 40 prev s 40 om 2006 No. 28 s 15\npres s 40 ins 2019 No. 6 s 33\n(sec.40-ssec.1) The chief executive makes an urgent declaration or authorising declaration by publishing it on the department’s website.\n(sec.40-ssec.2) The urgent declaration or authorising declaration must— state whether it is an urgent declaration or an authorising declaration; and outline the reason for making the declaration; and be signed by the chief executive.\n(sec.40-ssec.3) The chief executive must take all reasonable steps to ensure persons who may be affected by the urgent declaration or authorising declaration are made aware of the declaration. publishing notice of the declaration (or a copy of the declaration) in relevant newspapers or on social media electronically communicating notice of the declaration (or a copy of the declaration) to holders of relevant authorities, including, for example, by email or SMS\n(sec.40-ssec.4) The Statutory Instruments Act 1992 , sections 49 , 50 and 51 apply to an urgent declaration or authorising declaration as if it were subordinate legislation.\n- (a) state whether it is an urgent declaration or an authorising declaration; and\n- (b) outline the reason for making the declaration; and\n- (c) be signed by the chief executive.\n- 1 publishing notice of the declaration (or a copy of the declaration) in relevant newspapers or on social media\n- 2 electronically communicating notice of the declaration (or a copy of the declaration) to holders of relevant authorities, including, for example, by email or SMS","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"Duration of urgent declaration or authorising declaration","content":"### sec.41 Duration of urgent declaration or authorising declaration\n\nThe chief executive must repeal an urgent declaration or authorising declaration as soon as practicable after the chief executive is satisfied the reason for making it no longer exists.\nUnless it is earlier repealed, the urgent declaration or authorising declaration expires 3 months after it is made.\nHowever, if the urgent declaration or authorising declaration is inconsistent with a regulation or a declaration under subdivision 1 or 2 , the urgent declaration or authorising declaration expires 21 days after it is made unless it is earlier repealed.\ns 41 sub 2019 No. 6 s 33\n(sec.41-ssec.1) The chief executive must repeal an urgent declaration or authorising declaration as soon as practicable after the chief executive is satisfied the reason for making it no longer exists.\n(sec.41-ssec.2) Unless it is earlier repealed, the urgent declaration or authorising declaration expires 3 months after it is made.\n(sec.41-ssec.3) However, if the urgent declaration or authorising declaration is inconsistent with a regulation or a declaration under subdivision 1 or 2 , the urgent declaration or authorising declaration expires 21 days after it is made unless it is earlier repealed.","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Relationships between regulations and declarations","content":"### sec.42 Relationships between regulations and declarations\n\nIf there is an inconsistency between a regulation and a declaration under subdivision 1 or 2 , the regulation prevails to the extent of the inconsistency.\nIf there is an inconsistency between a declaration under subdivision 3 and a regulation or a declaration under subdivision 1 or 2 , the declaration under subdivision 3 prevails to the extent of the inconsistency.\nIf there is an inconsistency between an urgent declaration and an authorising declaration, the urgent declaration prevails to the extent of the inconsistency.\nIf there is an inconsistency between 2 or more urgent declarations, the more recently made urgent declaration prevails to the extent of the inconsistency.\nIf there is an inconsistency between 2 or more authorising declarations, the more recently made authorising declaration prevails to the extent of the inconsistency.\ns 42 sub 2019 No. 6 s 33\n(sec.42-ssec.1) If there is an inconsistency between a regulation and a declaration under subdivision 1 or 2 , the regulation prevails to the extent of the inconsistency.\n(sec.42-ssec.2) If there is an inconsistency between a declaration under subdivision 3 and a regulation or a declaration under subdivision 1 or 2 , the declaration under subdivision 3 prevails to the extent of the inconsistency.\n(sec.42-ssec.3) If there is an inconsistency between an urgent declaration and an authorising declaration, the urgent declaration prevails to the extent of the inconsistency.\n(sec.42-ssec.4) If there is an inconsistency between 2 or more urgent declarations, the more recently made urgent declaration prevails to the extent of the inconsistency.\n(sec.42-ssec.5) If there is an inconsistency between 2 or more authorising declarations, the more recently made authorising declaration prevails to the extent of the inconsistency.","sortOrder":58},{"sectionNumber":"pt.5-div.1A","sectionType":"division","heading":null,"content":"","sortOrder":59},{"sectionNumber":"sec.42A","sectionType":"section","heading":null,"content":"### Section sec.42A\n\ns 42A ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":60},{"sectionNumber":"sec.42B","sectionType":"section","heading":null,"content":"### Section sec.42B\n\ns 42B ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":61},{"sectionNumber":"sec.42C","sectionType":"section","heading":null,"content":"### Section sec.42C\n\ns 42C ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":62},{"sectionNumber":"sec.42D","sectionType":"section","heading":null,"content":"### Section sec.42D\n\ns 42D ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":63},{"sectionNumber":"sec.42E","sectionType":"section","heading":null,"content":"### Section sec.42E\n\ns 42E ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":64},{"sectionNumber":"sec.42F","sectionType":"section","heading":null,"content":"### Section sec.42F\n\ns 42F ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":65},{"sectionNumber":"sec.42G","sectionType":"section","heading":null,"content":"### Section sec.42G\n\ns 42G ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":66},{"sectionNumber":"sec.42H","sectionType":"section","heading":null,"content":"### Section sec.42H\n\ns 42H ins 2006 No. 28 s 16\namd 2009 No. 24 s 512\nom 2019 No. 6 s 33","sortOrder":67},{"sectionNumber":"sec.42I","sectionType":"section","heading":null,"content":"### Section sec.42I\n\ns 42I ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":68},{"sectionNumber":"sec.42J","sectionType":"section","heading":null,"content":"### Section sec.42J\n\ns 42J ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":69},{"sectionNumber":"sec.42K","sectionType":"section","heading":null,"content":"### Section sec.42K\n\ns 42K ins 2006 No. 28 s 16\nom 2019 No. 6 s 33","sortOrder":70},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Compensation for particular regulatory amendment","content":"## Compensation for particular regulatory amendment","sortOrder":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"Right to compensation","content":"### sec.43 Right to compensation\n\nThis section applies to a person if—\nthe person is, other than because of a temporary transfer, the holder of an authority (the eligible authority ) that—\nis a licence, or a quota authority or another authority to which a quota entitlement applies; and\nauthorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and\na regulation, or a fisheries declaration or quota declaration other than an urgent declaration, is amended (the relevant amendment ); and\nbecause of the relevant amendment, an entitlement to take fisheries resources that the person had under the eligible authority immediately before the relevant amendment commences is lost or reduced.\nSubject to sections 44 and 48D , the person is entitled to be paid compensation by the State for the value of the loss or reduction.\nHowever, the compensation is only payable if, under subdivision 2 , a claim for the compensation has been made and the chief executive has decided to grant the claim.\nThis section does not prevent a regulation, fisheries declaration or quota declaration providing for payment of compensation for the making, amendment or repeal of an urgent declaration.\nIn this section—\namend , in relation to a regulation, fisheries declaration or quota declaration , includes—\nmake; and\nrepeal.\ns 43 amd 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 19\nsub 2006 No. 28 s 18 ; 2019 No. 6 s 33\n(sec.43-ssec.1) This section applies to a person if— the person is, other than because of a temporary transfer, the holder of an authority (the eligible authority ) that— is a licence, or a quota authority or another authority to which a quota entitlement applies; and authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, is amended (the relevant amendment ); and because of the relevant amendment, an entitlement to take fisheries resources that the person had under the eligible authority immediately before the relevant amendment commences is lost or reduced.\n(sec.43-ssec.2) Subject to sections 44 and 48D , the person is entitled to be paid compensation by the State for the value of the loss or reduction.\n(sec.43-ssec.3) However, the compensation is only payable if, under subdivision 2 , a claim for the compensation has been made and the chief executive has decided to grant the claim.\n(sec.43-ssec.4) This section does not prevent a regulation, fisheries declaration or quota declaration providing for payment of compensation for the making, amendment or repeal of an urgent declaration.\n(sec.43-ssec.5) In this section— amend , in relation to a regulation, fisheries declaration or quota declaration , includes— make; and repeal.\n- (a) the person is, other than because of a temporary transfer, the holder of an authority (the eligible authority ) that— (i) is a licence, or a quota authority or another authority to which a quota entitlement applies; and (ii) authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and\n- (i) is a licence, or a quota authority or another authority to which a quota entitlement applies; and\n- (ii) authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and\n- (b) a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, is amended (the relevant amendment ); and\n- (c) because of the relevant amendment, an entitlement to take fisheries resources that the person had under the eligible authority immediately before the relevant amendment commences is lost or reduced.\n- (i) is a licence, or a quota authority or another authority to which a quota entitlement applies; and\n- (ii) authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and\n- (a) make; and\n- (b) repeal.","sortOrder":72},{"sectionNumber":"sec.44","sectionType":"section","heading":"Limits to compensation payable","content":"### sec.44 Limits to compensation payable\n\nThe entitlement under section 43 arises only if the cause, or one of the causes, of the loss or reduction was—\na reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or\na restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish.\nCompensation is not payable for the loss or reduction if—\ncompensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or\ncompensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth.\ns 44 amd 2000 No. 26 s 13 sch 2\nsub 2019 No. 6 s 33\n(sec.44-ssec.1) The entitlement under section 43 arises only if the cause, or one of the causes, of the loss or reduction was— a reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or a restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish.\n(sec.44-ssec.2) Compensation is not payable for the loss or reduction if— compensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or compensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth.\n- (a) a reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or\n- (b) a restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish.\n- (a) compensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or\n- (b) compensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth.","sortOrder":73},{"sectionNumber":"sec.45","sectionType":"section","heading":"No general right to compensation","content":"### sec.45 No general right to compensation\n\nTo remove any doubt, it is declared that, other than as provided for under section 43 , no one has an entitlement under or in relation to this Act to claim or to be paid an amount from the State for or in connection with—\nthe making, amendment or repeal of a regulation or declaration; or\nsomething previously permitted under a regulation or declaration becoming prohibited or regulated because of an amendment to the regulation or declaration.\nSubsection (1) applies whether the amount is claimed as compensation, reimbursement or otherwise.\ns 45 amd 2006 No. 28 s 19\nsub 2019 No. 6 s 33\n(sec.45-ssec.1) To remove any doubt, it is declared that, other than as provided for under section 43 , no one has an entitlement under or in relation to this Act to claim or to be paid an amount from the State for or in connection with— the making, amendment or repeal of a regulation or declaration; or something previously permitted under a regulation or declaration becoming prohibited or regulated because of an amendment to the regulation or declaration.\n(sec.45-ssec.2) Subsection (1) applies whether the amount is claimed as compensation, reimbursement or otherwise.\n- (a) the making, amendment or repeal of a regulation or declaration; or\n- (b) something previously permitted under a regulation or declaration becoming prohibited or regulated because of an amendment to the regulation or declaration.","sortOrder":74},{"sectionNumber":"sec.45A","sectionType":"section","heading":null,"content":"### Section sec.45A\n\ns 45A ins 1997 No. 73 s 29\namd 2006 No. 28 s 20\nom 2019 No. 6 s 33","sortOrder":75},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of subdivision","content":"### sec.46 Application of subdivision\n\nThis subdivision applies for a claim for compensation under section 43 .\ns 46 amd 1997 No. 73 s 30 ; 2000 No. 26 s 13 sch 2 ; 2004 No. 53 s 2 sch ; 2006 No. 28 s 21\nsub 2019 No. 6 s 33","sortOrder":76},{"sectionNumber":"sec.47","sectionType":"section","heading":"Requirements for making claim","content":"### sec.47 Requirements for making claim\n\nThe claim must—\nbe made in writing to the chief executive; and\nbe signed by all holders of the eligible authority; and\nstate each of the following—\nthe entitlement to take fisheries resources the subject of the claim;\nthe ground under section 44 (1) on which the claim is made;\nthe amount of the compensation claimed;\nhow the claimant has worked out the amount.\nThe claim must be made within 6 months after the day the relevant amendment commences.\ns 47 sub 2019 No. 6 s 33\n(sec.47-ssec.1) The claim must— be made in writing to the chief executive; and be signed by all holders of the eligible authority; and state each of the following— the entitlement to take fisheries resources the subject of the claim; the ground under section 44 (1) on which the claim is made; the amount of the compensation claimed; how the claimant has worked out the amount.\n(sec.47-ssec.2) The claim must be made within 6 months after the day the relevant amendment commences.\n- (a) be made in writing to the chief executive; and\n- (b) be signed by all holders of the eligible authority; and\n- (c) state each of the following— (i) the entitlement to take fisheries resources the subject of the claim; (ii) the ground under section 44 (1) on which the claim is made; (iii) the amount of the compensation claimed; (iv) how the claimant has worked out the amount.\n- (i) the entitlement to take fisheries resources the subject of the claim;\n- (ii) the ground under section 44 (1) on which the claim is made;\n- (iii) the amount of the compensation claimed;\n- (iv) how the claimant has worked out the amount.\n- (i) the entitlement to take fisheries resources the subject of the claim;\n- (ii) the ground under section 44 (1) on which the claim is made;\n- (iii) the amount of the compensation claimed;\n- (iv) how the claimant has worked out the amount.","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Chief executive may require claimant to give further information","content":"### sec.48 Chief executive may require claimant to give further information\n\nThe chief executive may, by written notice to the claimant, require the claimant to give the chief executive within a stated reasonable period—\nadditional information about, or a document relating to, the claim; or\na statutory declaration verifying information included in the claim or additional information required under paragraph (a) .\nThe notice may be given at any time before the claim is decided.\nIf the claimant does not comply with the requirement within the following period, the claimant is taken to have withdrawn the claim—\ngenerally—the period stated in the notice;\nif, within the period stated in the notice, the chief executive agrees in writing to a longer period to comply with the requirement—the longer period.\ns 48 amd 2006 No. 28 s 22\nsub 2019 No. 6 s 33\n(sec.48-ssec.1) The chief executive may, by written notice to the claimant, require the claimant to give the chief executive within a stated reasonable period— additional information about, or a document relating to, the claim; or a statutory declaration verifying information included in the claim or additional information required under paragraph (a) .\n(sec.48-ssec.2) The notice may be given at any time before the claim is decided.\n(sec.48-ssec.3) If the claimant does not comply with the requirement within the following period, the claimant is taken to have withdrawn the claim— generally—the period stated in the notice; if, within the period stated in the notice, the chief executive agrees in writing to a longer period to comply with the requirement—the longer period.\n- (a) additional information about, or a document relating to, the claim; or\n- (b) a statutory declaration verifying information included in the claim or additional information required under paragraph (a) .\n- (a) generally—the period stated in the notice;\n- (b) if, within the period stated in the notice, the chief executive agrees in writing to a longer period to comply with the requirement—the longer period.","sortOrder":78},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Deciding claim","content":"### sec.48A Deciding claim\n\nSubject to sections 48B and 48C , the chief executive must, within a reasonable period after the making of the claim, decide—\nto grant or refuse the claim; and\nif the chief executive decides to grant the claim—the amount of the compensation payable.\nIf the chief executive decides to refuse the claim or decides an amount of compensation that is less than the amount claimed or agreed to by the claimant, the chief executive must give the claimant an information notice for the decision.\nIn deciding what is a reasonable period for subsection (1) , the chief executive must have regard to—\nwhether the chief executive may need to give a notice under section 48 or obtain other information or evidence under section 48B ; and\nthe period that may be needed to consider the information or document the subject of the notice or the information or evidence that may need to be obtained.\ns 48A ins 2019 No. 6 s 33\n(sec.48A-ssec.1) Subject to sections 48B and 48C , the chief executive must, within a reasonable period after the making of the claim, decide— to grant or refuse the claim; and if the chief executive decides to grant the claim—the amount of the compensation payable.\n(sec.48A-ssec.2) If the chief executive decides to refuse the claim or decides an amount of compensation that is less than the amount claimed or agreed to by the claimant, the chief executive must give the claimant an information notice for the decision.\n(sec.48A-ssec.3) In deciding what is a reasonable period for subsection (1) , the chief executive must have regard to— whether the chief executive may need to give a notice under section 48 or obtain other information or evidence under section 48B ; and the period that may be needed to consider the information or document the subject of the notice or the information or evidence that may need to be obtained.\n- (a) to grant or refuse the claim; and\n- (b) if the chief executive decides to grant the claim—the amount of the compensation payable.\n- (a) whether the chief executive may need to give a notice under section 48 or obtain other information or evidence under section 48B ; and\n- (b) the period that may be needed to consider the information or document the subject of the notice or the information or evidence that may need to be obtained.","sortOrder":79},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Chief executive may obtain information or evidence from other persons","content":"### sec.48B Chief executive may obtain information or evidence from other persons\n\nBefore making the decision under section 48A , the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision.\nIf the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant—\nthe chief executive must give the claimant a written notice stating—\nthe further information or evidence; and\nthat the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and\nthe chief executive must not make the decision unless the claimant has given the response or the following period has ended—\ngenerally—the period stated in the notice;\nif, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.\ns 48B ins 2019 No. 6 s 33\n(sec.48B-ssec.1) Before making the decision under section 48A , the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision.\n(sec.48B-ssec.2) If the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant— the chief executive must give the claimant a written notice stating— the further information or evidence; and that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and the chief executive must not make the decision unless the claimant has given the response or the following period has ended— generally—the period stated in the notice; if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.\n- (a) the chief executive must give the claimant a written notice stating— (i) the further information or evidence; and (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and\n- (i) the further information or evidence; and\n- (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and\n- (b) the chief executive must not make the decision unless the claimant has given the response or the following period has ended— (i) generally—the period stated in the notice; (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.\n- (i) generally—the period stated in the notice;\n- (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.\n- (i) the further information or evidence; and\n- (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and\n- (i) generally—the period stated in the notice;\n- (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period.","sortOrder":80},{"sectionNumber":"sec.48C","sectionType":"section","heading":"Amount of compensation that may be decided","content":"### sec.48C Amount of compensation that may be decided\n\nThe amount of compensation decided may only be for—\neither—\nif the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or\nif, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and\nthe loss, for no more than 3 years from the relevant commencement, of probable taxable income from fishing lost or reduced because of the lost or reduced entitlement to take fisheries resources the subject of the claim.\nIn working out the market value immediately before the relevant commencement, any reduction in the value of the eligible authority caused by the making, or the prospect of the making, of the relevant amendment must be disregarded.\nIn working out the lost or reduced fishing income, regard may be had only to income from fishing under the eligible authority as stated in taxation returns lodged by the claimant and relevant notices of assessment accompanying the claim or given to the chief executive by or for the claimant.\nSubsection (5) applies if the chief executive considers—\na ground on which the claim is made was not the sole cause of the loss or reduction claimed; and\nthe other cause or causes of the loss or reduction were not causes for which compensation may be claimed under subdivision 1 .\nThe chief executive may reduce the amount worked out under subsection (1) to reflect the other cause or causes.\nIn this section—\nrelevant commencement means when the relevant amendment commenced.\ntaxable income means taxable income under the Income Tax Assessment Act 1997 (Cwlth) .\ns 48C ins 2019 No. 6 s 33\n(sec.48C-ssec.1) The amount of compensation decided may only be for— either— if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and the loss, for no more than 3 years from the relevant commencement, of probable taxable income from fishing lost or reduced because of the lost or reduced entitlement to take fisheries resources the subject of the claim.\n(sec.48C-ssec.2) In working out the market value immediately before the relevant commencement, any reduction in the value of the eligible authority caused by the making, or the prospect of the making, of the relevant amendment must be disregarded.\n(sec.48C-ssec.3) In working out the lost or reduced fishing income, regard may be had only to income from fishing under the eligible authority as stated in taxation returns lodged by the claimant and relevant notices of assessment accompanying the claim or given to the chief executive by or for the claimant.\n(sec.48C-ssec.4) Subsection (5) applies if the chief executive considers— a ground on which the claim is made was not the sole cause of the loss or reduction claimed; and the other cause or causes of the loss or reduction were not causes for which compensation may be claimed under subdivision 1 .\n(sec.48C-ssec.5) The chief executive may reduce the amount worked out under subsection (1) to reflect the other cause or causes.\n(sec.48C-ssec.6) In this section— relevant commencement means when the relevant amendment commenced. taxable income means taxable income under the Income Tax Assessment Act 1997 (Cwlth) .\n- (a) either— (i) if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or (ii) if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and\n- (i) if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or\n- (ii) if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and\n- (b) the loss, for no more than 3 years from the relevant commencement, of probable taxable income from fishing lost or reduced because of the lost or reduced entitlement to take fisheries resources the subject of the claim.\n- (i) if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or\n- (ii) if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and\n- (a) a ground on which the claim is made was not the sole cause of the loss or reduction claimed; and\n- (b) the other cause or causes of the loss or reduction were not causes for which compensation may be claimed under subdivision 1 .","sortOrder":81},{"sectionNumber":"sec.48D","sectionType":"section","heading":"Restriction on payment if someone other than the claimant has a registered interest in the eligible authority","content":"### sec.48D Restriction on payment if someone other than the claimant has a registered interest in the eligible authority\n\nThis section applies if—\nthe claim and an amount of compensation has been decided under this subdivision; and\na person other than the claimant has a registered interest in the eligible authority.\nThe chief executive must not pay the claimant the amount unless the other person has agreed in writing to the chief executive making the payment.\ns 48D ins 2019 No. 6 s 33\n(sec.48D-ssec.1) This section applies if— the claim and an amount of compensation has been decided under this subdivision; and a person other than the claimant has a registered interest in the eligible authority.\n(sec.48D-ssec.2) The chief executive must not pay the claimant the amount unless the other person has agreed in writing to the chief executive making the payment.\n- (a) the claim and an amount of compensation has been decided under this subdivision; and\n- (b) a person other than the claimant has a registered interest in the eligible authority.","sortOrder":82},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Authorities issued under Act","content":"## Authorities issued under Act","sortOrder":83},{"sectionNumber":"sec.49","sectionType":"section","heading":"Authorities that may be issued","content":"### sec.49 Authorities that may be issued\n\nThe chief executive may issue the following authorities under this Act—\na licence;\na permit;\na quota authority;\na resource allocation authority;\nanother authority prescribed by regulation.\nA regulation may provide that an authority of a particular kind may or may not be issued for a stated activity or thing.\ns 49 sub 2003 No. 82 s 21 ; 2019 No. 6 s 34\namd 2024 No. 17 s 158 (uncommenced amendment)\n(sec.49-ssec.1) The chief executive may issue the following authorities under this Act— a licence; a permit; a quota authority; a resource allocation authority; another authority prescribed by regulation.\n(sec.49-ssec.2) A regulation may provide that an authority of a particular kind may or may not be issued for a stated activity or thing.\n- (a) a licence;\n- (b) a permit;\n- (c) a quota authority;\n- (d) a resource allocation authority;\n- (e) another authority prescribed by regulation.","sortOrder":84},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 amd 2000 No. 26 s 13 sch 2\nom 2003 No. 82 s 21","sortOrder":85},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 amd 2000 No. 26 s 13 sch 2\nom 2003 No. 82 s 21","sortOrder":86},{"sectionNumber":"sec.52","sectionType":"section","heading":"Things authorised by authorities","content":"### sec.52 Things authorised by authorities\n\nAn authority authorises the holder of the authority to do the things permitted under a regulation or declaration or stated in the authority.\nA regulation or declaration, or the authority itself, may also authorise other persons to do all or any of the things authorised by it.\na person who is a member of the crew of a boat owned by the holder\nHowever, an authority does not authorise the holder or anyone else (other than an inspector) to enter, or remain on, someone else’s land.\nAlso, a resource allocation authority does not confer on the holder—\nany right of ownership or tenure over the land, waters or resources mentioned in the authority; or\nthe right to carry out the development mentioned in the authority, unless the development is also authorised under the Planning Act .\nSee also section 76T and the Planning Act , section 163 .\ns 52 amd 2003 No. 82 s 22 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 237 ; 2019 No. 6 s 35\namd 2024 No. 17 s 159 (uncommenced amendment)\n_____\ns 52A ins 2024 No. 17 s 160 (uncommenced amendment)\n(sec.52-ssec.1) An authority authorises the holder of the authority to do the things permitted under a regulation or declaration or stated in the authority.\n(sec.52-ssec.2) A regulation or declaration, or the authority itself, may also authorise other persons to do all or any of the things authorised by it. a person who is a member of the crew of a boat owned by the holder\n(sec.52-ssec.3) However, an authority does not authorise the holder or anyone else (other than an inspector) to enter, or remain on, someone else’s land.\n(sec.52-ssec.4) Also, a resource allocation authority does not confer on the holder— any right of ownership or tenure over the land, waters or resources mentioned in the authority; or the right to carry out the development mentioned in the authority, unless the development is also authorised under the Planning Act . See also section 76T and the Planning Act , section 163 .\n- (a) any right of ownership or tenure over the land, waters or resources mentioned in the authority; or\n- (b) the right to carry out the development mentioned in the authority, unless the development is also authorised under the Planning Act . Note— See also section 76T and the Planning Act , section 163 .","sortOrder":87},{"sectionNumber":"sec.53","sectionType":"section","heading":"Form, content and term of authorities","content":"### sec.53 Form, content and term of authorities\n\nAn authority—\nmust be in the approved form; and\nmust contain the particulars decided by the chief executive; and\nis issued—\nfor the term stated in it; or\nif no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act.\ns 53 amd 2000 No. 26 s 13 sch 2 ; 2002 No. 49 s 37 sch ; 2006 No. 28 s 23\n- (a) must be in the approved form; and\n- (b) must contain the particulars decided by the chief executive; and\n- (c) is issued— (i) for the term stated in it; or (ii) if no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act.\n- (i) for the term stated in it; or\n- (ii) if no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act.\n- (i) for the term stated in it; or\n- (ii) if no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act.","sortOrder":88},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application for authority","content":"### sec.54 Application for authority\n\nAn application for the issue of an authority must—\nbe made to the chief executive in the approved form; and\nbe accompanied by the fees prescribed by regulation.\nIf asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.\ns 54 amd 2000 No. 26 s 13 sch 2 ; 2002 No. 49 s 37 sch ; 2019 No. 6 s 3 sch 1\n(sec.54-ssec.1) An application for the issue of an authority must— be made to the chief executive in the approved form; and be accompanied by the fees prescribed by regulation.\n(sec.54-ssec.2) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.\n- (a) be made to the chief executive in the approved form; and\n- (b) be accompanied by the fees prescribed by regulation.","sortOrder":89},{"sectionNumber":"sec.55","sectionType":"section","heading":"Consideration of application for issue of authority","content":"### sec.55 Consideration of application for issue of authority\n\nThe chief executive must consider an application for the issue of an authority and may issue the authority or refuse to issue it.\nIn considering the application, the chief executive must comply with any relevant regulation or declaration.\ns 55 amd 2000 No. 26 s 13 sch 2 ; 2005 No. 42 s 52 sch 1 ; 2014 No. 40 s 106 ; 2019 No. 6 s 36\n_____\ns 55A ins 2024 No. 17 s 161 (uncommenced amendment)\n(sec.55-ssec.1) The chief executive must consider an application for the issue of an authority and may issue the authority or refuse to issue it.\n(sec.55-ssec.2) In considering the application, the chief executive must comply with any relevant regulation or declaration.","sortOrder":90},{"sectionNumber":"sec.56","sectionType":"section","heading":"Application for renewal of authority (other than permit)","content":"### sec.56 Application for renewal of authority (other than permit)\n\nThe holder of an authority (other than a permit) may apply for its renewal to the chief executive.\nAlso, a person may apply to renew an expired former authority if—\nthe person held the former authority immediately before its expiry; and\nthe application is—\nfor an authority of the same type, and on substantially the same terms, as the former authority; and\nmade within 3 months after the expiry.\nHowever, the chief executive may, at any time, extend the period for applying to renew an expired former authority.\nAn application under this section must—\nbe made in the approved form; and\nbe accompanied by the fees prescribed by regulation.\nIf asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.\ns 56 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 11 ; 2002 No. 49 s 37 sch ; 2019 No. 6 s 3 sch 1\n(sec.56-ssec.1) The holder of an authority (other than a permit) may apply for its renewal to the chief executive.\n(sec.56-ssec.2) Also, a person may apply to renew an expired former authority if— the person held the former authority immediately before its expiry; and the application is— for an authority of the same type, and on substantially the same terms, as the former authority; and made within 3 months after the expiry.\n(sec.56-ssec.3) However, the chief executive may, at any time, extend the period for applying to renew an expired former authority.\n(sec.56-ssec.4) An application under this section must— be made in the approved form; and be accompanied by the fees prescribed by regulation.\n(sec.56-ssec.5) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.\n- (a) the person held the former authority immediately before its expiry; and\n- (b) the application is— (i) for an authority of the same type, and on substantially the same terms, as the former authority; and (ii) made within 3 months after the expiry.\n- (i) for an authority of the same type, and on substantially the same terms, as the former authority; and\n- (ii) made within 3 months after the expiry.\n- (i) for an authority of the same type, and on substantially the same terms, as the former authority; and\n- (ii) made within 3 months after the expiry.\n- (a) be made in the approved form; and\n- (b) be accompanied by the fees prescribed by regulation.","sortOrder":91},{"sectionNumber":"sec.57","sectionType":"section","heading":"Permit not renewable","content":"### sec.57 Permit not renewable\n\nA permit can not be renewed.\nHowever, the holder may apply for the issue of another permit.\nCompensation is not payable if the chief executive refuses to issue another permit.\nHowever, subsection (3) does not prevent a regulation providing for payment of compensation.\ns 57 amd 2000 No. 26 s 13 sch 2 ; 2019 No. 6 s 3 sch 1\n(sec.57-ssec.1) A permit can not be renewed.\n(sec.57-ssec.2) However, the holder may apply for the issue of another permit.\n(sec.57-ssec.3) Compensation is not payable if the chief executive refuses to issue another permit.\n(sec.57-ssec.4) However, subsection (3) does not prevent a regulation providing for payment of compensation.","sortOrder":92},{"sectionNumber":"sec.58","sectionType":"section","heading":"Consideration of application for renewal of authority (other than permit)","content":"### sec.58 Consideration of application for renewal of authority (other than permit)\n\nThe chief executive must consider an application for renewal of an authority (other than a permit) and may renew the authority or refuse to renew it.\nIn considering the application, the chief executive must comply with any relevant regulation or declaration.\nIf the application is an application under section 56 (2) to renew an expired former authority and the chief executive decides to renew it—\nthe chief executive must fix the term of the renewed authority from the day after the former authority expired; but\nthe renewed authority takes effect only from the day the renewed authority is issued.\ns 58 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 12 ; 2019 No. 6 s 37\namd 2024 No. 17 s 162 (uncommenced amendment)\n(sec.58-ssec.1) The chief executive must consider an application for renewal of an authority (other than a permit) and may renew the authority or refuse to renew it.\n(sec.58-ssec.2) In considering the application, the chief executive must comply with any relevant regulation or declaration.\n(sec.58-ssec.3) If the application is an application under section 56 (2) to renew an expired former authority and the chief executive decides to renew it— the chief executive must fix the term of the renewed authority from the day after the former authority expired; but the renewed authority takes effect only from the day the renewed authority is issued.\n- (a) the chief executive must fix the term of the renewed authority from the day after the former authority expired; but\n- (b) the renewed authority takes effect only from the day the renewed authority is issued.","sortOrder":93},{"sectionNumber":"sec.59","sectionType":"section","heading":"Refusal to issue or renew","content":"### sec.59 Refusal to issue or renew\n\nThe chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.\nThe authority was issued in error or because of a document or representation—\nthat is false, misleading or omits a material particular; or\nobtained or made in another improper way.\nThe applicant has been convicted of a fisheries offence.\nThe applicant has had any of the following (a fisheries authority ) cancelled or suspended—\na licence, permit, concession or other authority issued under fisheries legislation\na fisheries development approval.\nThe applicant has not complied with a condition of a fishing authority.\nThe applicant has not kept or given returns as required by the chief executive under this Act.\nThe applicant has given a false or misleading return to the chief executive under this Act.\nThe applicant has been convicted of an indictable offence.\nThe applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation.\nThe applicant has not paid fees payable under this Act.\nAnother matter specified in a relevant regulation.\nCompensation is not payable if the chief executive refuses to issue or renew an authority.\nHowever, subsection (2) does not prevent a regulation providing for payment of compensation.\ns 59 amd 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 23 ; 2019 No. 6 s 3 sch 1\namd 2024 No. 17 s 163 (uncommenced amendment)\n(sec.59-ssec.1) The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. The authority was issued in error or because of a document or representation— that is false, misleading or omits a material particular; or obtained or made in another improper way. The applicant has been convicted of a fisheries offence. The applicant has had any of the following (a fisheries authority ) cancelled or suspended— a licence, permit, concession or other authority issued under fisheries legislation a fisheries development approval. The applicant has not complied with a condition of a fishing authority. The applicant has not kept or given returns as required by the chief executive under this Act. The applicant has given a false or misleading return to the chief executive under this Act. The applicant has been convicted of an indictable offence. The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation. The applicant has not paid fees payable under this Act. Another matter specified in a relevant regulation.\n(sec.59-ssec.2) Compensation is not payable if the chief executive refuses to issue or renew an authority.\n(sec.59-ssec.3) However, subsection (2) does not prevent a regulation providing for payment of compensation.\n- 1 The authority was issued in error or because of a document or representation— (a) that is false, misleading or omits a material particular; or (b) obtained or made in another improper way.\n- (a) that is false, misleading or omits a material particular; or\n- (b) obtained or made in another improper way.\n- 2 The applicant has been convicted of a fisheries offence.\n- 3 The applicant has had any of the following (a fisheries authority ) cancelled or suspended— • a licence, permit, concession or other authority issued under fisheries legislation • a fisheries development approval.\n- • a licence, permit, concession or other authority issued under fisheries legislation\n- • a fisheries development approval.\n- 4 The applicant has not complied with a condition of a fishing authority.\n- 5 The applicant has not kept or given returns as required by the chief executive under this Act.\n- 6 The applicant has given a false or misleading return to the chief executive under this Act.\n- 7 The applicant has been convicted of an indictable offence.\n- 8 The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation.\n- 9 The applicant has not paid fees payable under this Act.\n- 10 Another matter specified in a relevant regulation.\n- (a) that is false, misleading or omits a material particular; or\n- (b) obtained or made in another improper way.\n- • a licence, permit, concession or other authority issued under fisheries legislation\n- • a fisheries development approval.","sortOrder":94},{"sectionNumber":"sec.60","sectionType":"section","heading":"Notice of refusal of application for issue or renewal etc.","content":"### sec.60 Notice of refusal of application for issue or renewal etc.\n\nIf the chief executive refuses to issue or renew an authority sought by an applicant, the chief executive must promptly—\ngive the applicant an information notice for the refusal; and\nrefund the fees paid by the applicant, other than fees for assessing the application.\ns 60 amd 2000 No. 26 s 13 sch 2 ; 2006 No. 28 s 3 sch ; 2009 No. 24 s 513\namd 2024 No. 17 s 164 (uncommenced amendment)\n- (a) give the applicant an information notice for the refusal; and\n- (b) refund the fees paid by the applicant, other than fees for assessing the application.","sortOrder":95},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.60A Matters chief executive must consider\n\nIn deciding an application for a resource allocation authority, the chief executive must have regard to the impact of the development mentioned in the authority on each of the following—\ncoastal management under the Coastal Protection and Management Act 1995 ;\nthe protection of Queensland waters as required under the Environmental Protection Act 1994 ;\nSee the Environmental Protection (Water) Policy 2009 for the way the environmental values of Queensland waters are to be protected.\nthe management of marine parks under the Marine Parks Act 2004 .\ns 60A ins 2003 No. 82 s 24\n- (a) coastal management under the Coastal Protection and Management Act 1995 ;\n- (b) the protection of Queensland waters as required under the Environmental Protection Act 1994 ; Note— See the Environmental Protection (Water) Policy 2009 for the way the environmental values of Queensland waters are to be protected.\n- (c) the management of marine parks under the Marine Parks Act 2004 .","sortOrder":96},{"sectionNumber":"sec.61","sectionType":"section","heading":"Conditions imposed on issue or renewal—general","content":"### sec.61 Conditions imposed on issue or renewal—general\n\nWhen the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example—\nfor an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and\na condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and\na condition conferring powers on inspectors.\nThe conditions must be stated in the authority.\nIn fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration.\nIf the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.\nIf a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority’s holder.\nA power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act.\nIf an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both.\nTo remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority.\nCompensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority.\nHowever, subsection (9) does not prevent a regulation providing for payment of compensation.\ns 61 amd 1997 No. 73 s 31 ; 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 25 ; 2019 No. 6 s 38 ; 2024 No. 17 s 139\namd 2024 No. 17 s 172 (uncommenced amendment)\n(sec.61-ssec.1) When the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example— for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and a condition conferring powers on inspectors.\n(sec.61-ssec.2) The conditions must be stated in the authority.\n(sec.61-ssec.3) In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration.\n(sec.61-ssec.4) If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.\n(sec.61-ssec.5) If a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority’s holder.\n(sec.61-ssec.6) A power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act.\n(sec.61-ssec.7) If an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both.\n(sec.61-ssec.8) To remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority.\n(sec.61-ssec.9) Compensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority.\n(sec.61-ssec.10) However, subsection (9) does not prevent a regulation providing for payment of compensation.\n- (a) for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and\n- (b) a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and\n- (c) a condition conferring powers on inspectors.","sortOrder":97},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Conditions imposed for repeated interactions with protected animals","content":"### sec.61A Conditions imposed for repeated interactions with protected animals\n\nThis section applies if an authority holder has more than 1 interaction with a protected animal within a 12 month period.\nThe chief executive may amend the authority to impose reasonable conditions to reduce the risk of future interactions with a protected animal during a stated reasonable period, including, for example—\na condition requiring the holder to develop an individual mitigation plan; and\na condition imposing additional information requirements on the holder; and\na condition imposing a restriction on—\nhow long nets may be placed in the water; or\nthe types of fishing apparatus that may be used; or\nthe carrying out of particular fishing activities.\nIf the chief executive imposes a condition on an authority under this section, the chief executive must—\nstate in the condition a period within which the condition must be reviewed; and\nreview the condition within the stated period and decide whether or not the authority should be amended to remove the condition.\nIf the chief executive imposes a condition on an authority under this section, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.\nSection 61 (8) to (10) apply in relation to the imposition of a condition on an authority under this section.\nSection 63 does not apply to an amendment of an authority under this section.\nA condition imposed on an authority under this section may also be imposed on the authority on the renewal of the authority if the period for which the condition applies has not ended.\nIn this section—\ninteraction , with a protected animal, means physical contact between a boat, person or fishing apparatus involved in a fishing operation and the animal.\ns 61A ins 2024 No. 17 s 140\n(sec.61A-ssec.1) This section applies if an authority holder has more than 1 interaction with a protected animal within a 12 month period.\n(sec.61A-ssec.2) The chief executive may amend the authority to impose reasonable conditions to reduce the risk of future interactions with a protected animal during a stated reasonable period, including, for example— a condition requiring the holder to develop an individual mitigation plan; and a condition imposing additional information requirements on the holder; and a condition imposing a restriction on— how long nets may be placed in the water; or the types of fishing apparatus that may be used; or the carrying out of particular fishing activities.\n(sec.61A-ssec.3) If the chief executive imposes a condition on an authority under this section, the chief executive must— state in the condition a period within which the condition must be reviewed; and review the condition within the stated period and decide whether or not the authority should be amended to remove the condition.\n(sec.61A-ssec.4) If the chief executive imposes a condition on an authority under this section, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.\n(sec.61A-ssec.5) Section 61 (8) to (10) apply in relation to the imposition of a condition on an authority under this section.\n(sec.61A-ssec.6) Section 63 does not apply to an amendment of an authority under this section.\n(sec.61A-ssec.7) A condition imposed on an authority under this section may also be imposed on the authority on the renewal of the authority if the period for which the condition applies has not ended.\n(sec.61A-ssec.8) In this section— interaction , with a protected animal, means physical contact between a boat, person or fishing apparatus involved in a fishing operation and the animal.\n- (a) a condition requiring the holder to develop an individual mitigation plan; and\n- (b) a condition imposing additional information requirements on the holder; and\n- (c) a condition imposing a restriction on— (i) how long nets may be placed in the water; or (ii) the types of fishing apparatus that may be used; or (iii) the carrying out of particular fishing activities.\n- (i) how long nets may be placed in the water; or\n- (ii) the types of fishing apparatus that may be used; or\n- (iii) the carrying out of particular fishing activities.\n- (i) how long nets may be placed in the water; or\n- (ii) the types of fishing apparatus that may be used; or\n- (iii) the carrying out of particular fishing activities.\n- (a) state in the condition a period within which the condition must be reviewed; and\n- (b) review the condition within the stated period and decide whether or not the authority should be amended to remove the condition.","sortOrder":98},{"sectionNumber":"sec.62","sectionType":"section","heading":"Conditions imposed by regulation","content":"### sec.62 Conditions imposed by regulation\n\nAn authority is also subject to the conditions prescribed by regulation.\nTo remove any doubt, any condition that may be imposed on an authority by the chief executive may be prescribed by regulation.\ns 62 amd 2000 No. 26 s 13 sch 2 ; 2019 No. 6 s 3 sch 1\n_____\ns 62A ins 2024 No. 17 s 165 (uncommenced amendment)\n(sec.62-ssec.1) An authority is also subject to the conditions prescribed by regulation.\n(sec.62-ssec.2) To remove any doubt, any condition that may be imposed on an authority by the chief executive may be prescribed by regulation.","sortOrder":99},{"sectionNumber":"sec.63","sectionType":"section","heading":"Amendment of authority","content":"### sec.63 Amendment of authority\n\nIf the chief executive considers an authority (including the conditions stated in it) should be amended, the chief executive must give the holder of the authority a written notice (the show cause notice ) that—\nstates the proposed amendment; and\nstates the reasons for the proposed amendment; and\noutlines the facts and circumstances forming the basis of the reasons; and\ninvites the holder to show, within a stated time of at least 28 days, why the authority should not be amended.\nThe chief executive may amend the authority if, after considering all representations made within the stated time, the chief executive still considers the authority should be amended—\nin the way mentioned in the show cause notice; or\nin another way, having regard to the representations.\nIf the chief executive decides to amend the authority, the chief executive must give the holder of the authority an information notice for the decision.\nSubsections (1) to (3) do not apply if the authority is amended only—\nby omitting a condition if the omission does not adversely affect the holder’s interests; or\nfor a formal or clerical reason; or\nin another way that does not adversely affect the holder’s interests; or\nat the holder’s request under section 63A .\nThe chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the holder.\nTo remove any doubt, any condition that may be imposed on an authority when it is issued may be imposed on the authority by amendment.\nCompensation is not payable if an authority is amended, or anything previously permitted under the authority is prohibited or regulated.\nHowever, subsection (7) does not prevent a regulation providing for payment of compensation.\ns 63 amd 2000 No. 26 s 13 sch 2 ; 2006 No. 28 s 3 sch ; 2009 No. 24 s 514 ; 2019 No. 6 ss 39 , 3 sch 1 ; 2024 No. 17 s 141\namd 2024 No. 17 s 166 (uncommenced amendment)\n(sec.63-ssec.1) If the chief executive considers an authority (including the conditions stated in it) should be amended, the chief executive must give the holder of the authority a written notice (the show cause notice ) that— states the proposed amendment; and states the reasons for the proposed amendment; and outlines the facts and circumstances forming the basis of the reasons; and invites the holder to show, within a stated time of at least 28 days, why the authority should not be amended.\n(sec.63-ssec.2) The chief executive may amend the authority if, after considering all representations made within the stated time, the chief executive still considers the authority should be amended— in the way mentioned in the show cause notice; or in another way, having regard to the representations.\n(sec.63-ssec.3) If the chief executive decides to amend the authority, the chief executive must give the holder of the authority an information notice for the decision.\n(sec.63-ssec.4) Subsections (1) to (3) do not apply if the authority is amended only— by omitting a condition if the omission does not adversely affect the holder’s interests; or for a formal or clerical reason; or in another way that does not adversely affect the holder’s interests; or at the holder’s request under section 63A .\n(sec.63-ssec.5) The chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the holder.\n(sec.63-ssec.6) To remove any doubt, any condition that may be imposed on an authority when it is issued may be imposed on the authority by amendment.\n(sec.63-ssec.7) Compensation is not payable if an authority is amended, or anything previously permitted under the authority is prohibited or regulated.\n(sec.63-ssec.8) However, subsection (7) does not prevent a regulation providing for payment of compensation.\n- (a) states the proposed amendment; and\n- (b) states the reasons for the proposed amendment; and\n- (c) outlines the facts and circumstances forming the basis of the reasons; and\n- (d) invites the holder to show, within a stated time of at least 28 days, why the authority should not be amended.\n- (a) in the way mentioned in the show cause notice; or\n- (b) in another way, having regard to the representations.\n- (a) by omitting a condition if the omission does not adversely affect the holder’s interests; or\n- (b) for a formal or clerical reason; or\n- (c) in another way that does not adversely affect the holder’s interests; or\n- (d) at the holder’s request under section 63A .","sortOrder":100},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Application for amendment of authority","content":"### sec.63A Application for amendment of authority\n\nThe holder of an authority may apply to the chief executive to amend the authority.\nAn application under this section must be—\nmade in the approved form; and\naccompanied by the fees prescribed by regulation.\nIf asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.\ns 63A ins 2024 No. 17 s 142\n(sec.63A-ssec.1) The holder of an authority may apply to the chief executive to amend the authority.\n(sec.63A-ssec.2) An application under this section must be— made in the approved form; and accompanied by the fees prescribed by regulation.\n(sec.63A-ssec.3) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application.\n- (a) made in the approved form; and\n- (b) accompanied by the fees prescribed by regulation.","sortOrder":101},{"sectionNumber":"sec.63B","sectionType":"section","heading":"Consideration of application for amendment of authority","content":"### sec.63B Consideration of application for amendment of authority\n\nThe chief executive must consider an application to amend an authority and may amend the authority in the way requested or refuse the application.\nIn considering an application to amend an authority, the chief executive must comply with any relevant regulation or declaration.\ns 63B ins 2024 No. 17 s 142\n(sec.63B-ssec.1) The chief executive must consider an application to amend an authority and may amend the authority in the way requested or refuse the application.\n(sec.63B-ssec.2) In considering an application to amend an authority, the chief executive must comply with any relevant regulation or declaration.","sortOrder":102},{"sectionNumber":"sec.63C","sectionType":"section","heading":"Refusal to amend","content":"### sec.63C Refusal to amend\n\nThe chief executive may refuse an application to amend an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.\nCompensation is not payable if the chief executive refuses an application to amend an authority.\nHowever, subsection (2) does not prevent a regulation providing for payment of compensation.\ns 63C ins 2024 No. 17 s 142\n(sec.63C-ssec.1) The chief executive may refuse an application to amend an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.\n(sec.63C-ssec.2) Compensation is not payable if the chief executive refuses an application to amend an authority.\n(sec.63C-ssec.3) However, subsection (2) does not prevent a regulation providing for payment of compensation.","sortOrder":103},{"sectionNumber":"sec.63D","sectionType":"section","heading":"Notice of refusal of application for amendment","content":"### sec.63D Notice of refusal of application for amendment\n\nIf the chief executive refuses an application to amend an authority, the chief executive must promptly—\ngive the applicant an information notice for the refusal; and\nrefund the fees paid by the applicant, other than fees for assessing the application.\ns 63D ins 2024 No. 17 s 142\n- (a) give the applicant an information notice for the refusal; and\n- (b) refund the fees paid by the applicant, other than fees for assessing the application.","sortOrder":104},{"sectionNumber":"sec.64","sectionType":"section","heading":"Notice to return authority for alteration after amendment","content":"### sec.64 Notice to return authority for alteration after amendment\n\nThe chief executive may, by written notice, require the holder of an authority issued by the chief executive to return the authority to the chief executive within a stated time, of at least 28 days, to enable the chief executive to alter the authority to reflect an amendment made to it.\nThe holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it.\nMaximum penalty—80 penalty units.\nAfter altering the authority, the chief executive must return it to the holder.\nThe amendment of an authority by the chief executive does not depend on it being altered under this section.\ns 64 amd 2000 No. 26 s 13 sch 2\n(sec.64-ssec.1) The chief executive may, by written notice, require the holder of an authority issued by the chief executive to return the authority to the chief executive within a stated time, of at least 28 days, to enable the chief executive to alter the authority to reflect an amendment made to it.\n(sec.64-ssec.2) The holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it. Maximum penalty—80 penalty units.\n(sec.64-ssec.3) After altering the authority, the chief executive must return it to the holder.\n(sec.64-ssec.4) The amendment of an authority by the chief executive does not depend on it being altered under this section.","sortOrder":105},{"sectionNumber":"sec.65","sectionType":"section","heading":"Transfer of authority (other than permit)","content":"### sec.65 Transfer of authority (other than permit)\n\nSubject to registration under this subdivision, an authority other than a permit may be transferred unless, under a regulation, the authority is not transferable either generally or in the circumstances relating to the particular authority.\nA transfer, or purported transfer, of an authority is of no effect unless the transfer is registered under section 65B .\nOn registration of the transfer, all rights and liabilities attaching to the authority vest in the transferee.\ns 65 amd 2000 No. 26 s 13 sch 2 ; 2002 No. 49 s 13\nsub 2004 No. 27 s 7\namd 2019 No. 6 s 40\n(sec.65-ssec.1) Subject to registration under this subdivision, an authority other than a permit may be transferred unless, under a regulation, the authority is not transferable either generally or in the circumstances relating to the particular authority.\n(sec.65-ssec.2) A transfer, or purported transfer, of an authority is of no effect unless the transfer is registered under section 65B .\n(sec.65-ssec.3) On registration of the transfer, all rights and liabilities attaching to the authority vest in the transferee.","sortOrder":106},{"sectionNumber":"sec.65A","sectionType":"section","heading":"Application to register transfer of authority","content":"### sec.65A Application to register transfer of authority\n\nAn application to register the transfer of an authority must—\nbe made to the chief executive in the approved form; and\nbe made by—\nif the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or\notherwise—each holders of the authority immediately before the transfer.\nWithout limiting what the approved form may require, it must include—\na sufficient description of the authority; and\na written declaration by the applicant that—\nthe information in or accompanying the application provided by the applicant is true; and\nthe applicant has complied with the requirements under this Act that relate to the authority; and\neach transferee under the transfer has complied with the requirements under this Act that relate to the authority.\nUnless the transfer is a temporary transfer of a quota authority, the application must be accompanied by—\nthe written approval of each person, other than the holder, who has a registered interest in the authority; and\nif a fee payable under this Act for, or relating to, the authority has not been paid—the chief executive’s written approval to the registration of the transfer.\nAlso, the application must be accompanied by the fee prescribed by regulation, unless—\nthe application is made by the internet system mentioned in section 65BA ; or\nthe fee is waived under section 65E .\ns 65A ins 2004 No. 27 s 7\nsub 2006 No. 28 s 24\namd 2019 No. 6 s 3 sch 1\n(sec.65A-ssec.1) An application to register the transfer of an authority must— be made to the chief executive in the approved form; and be made by— if the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or otherwise—each holders of the authority immediately before the transfer.\n(sec.65A-ssec.2) Without limiting what the approved form may require, it must include— a sufficient description of the authority; and a written declaration by the applicant that— the information in or accompanying the application provided by the applicant is true; and the applicant has complied with the requirements under this Act that relate to the authority; and each transferee under the transfer has complied with the requirements under this Act that relate to the authority.\n(sec.65A-ssec.3) Unless the transfer is a temporary transfer of a quota authority, the application must be accompanied by— the written approval of each person, other than the holder, who has a registered interest in the authority; and if a fee payable under this Act for, or relating to, the authority has not been paid—the chief executive’s written approval to the registration of the transfer.\n(sec.65A-ssec.4) Also, the application must be accompanied by the fee prescribed by regulation, unless— the application is made by the internet system mentioned in section 65BA ; or the fee is waived under section 65E .\n- (a) be made to the chief executive in the approved form; and\n- (b) be made by— (i) if the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or (ii) otherwise—each holders of the authority immediately before the transfer.\n- (i) if the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or\n- (ii) otherwise—each holders of the authority immediately before the transfer.\n- (i) if the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or\n- (ii) otherwise—each holders of the authority immediately before the transfer.\n- (a) a sufficient description of the authority; and\n- (b) a written declaration by the applicant that— (i) the information in or accompanying the application provided by the applicant is true; and (ii) the applicant has complied with the requirements under this Act that relate to the authority; and (iii) each transferee under the transfer has complied with the requirements under this Act that relate to the authority.\n- (i) the information in or accompanying the application provided by the applicant is true; and\n- (ii) the applicant has complied with the requirements under this Act that relate to the authority; and\n- (iii) each transferee under the transfer has complied with the requirements under this Act that relate to the authority.\n- (i) the information in or accompanying the application provided by the applicant is true; and\n- (ii) the applicant has complied with the requirements under this Act that relate to the authority; and\n- (iii) each transferee under the transfer has complied with the requirements under this Act that relate to the authority.\n- (a) the written approval of each person, other than the holder, who has a registered interest in the authority; and\n- (b) if a fee payable under this Act for, or relating to, the authority has not been paid—the chief executive’s written approval to the registration of the transfer.\n- (a) the application is made by the internet system mentioned in section 65BA ; or\n- (b) the fee is waived under section 65E .","sortOrder":107},{"sectionNumber":"sec.65B","sectionType":"section","heading":"Registration of transfer of authority","content":"### sec.65B Registration of transfer of authority\n\nAn application to register the transfer of an authority is a properly made application if the application complies with section 65A and the transferor and the transferee have complied with any requirements under subsection (2) .\nThe chief executive may, by written notice, require the transferor or the transferee (the applicant ) to give the chief executive further documents or information to enable the chief executive to register the transfer.\nThe chief executive must register the transfer of an authority if the chief executive receives a properly made application in relation to the authority.\ns 65B ins 2004 No. 27 s 7\n(sec.65B-ssec.1) An application to register the transfer of an authority is a properly made application if the application complies with section 65A and the transferor and the transferee have complied with any requirements under subsection (2) .\n(sec.65B-ssec.2) The chief executive may, by written notice, require the transferor or the transferee (the applicant ) to give the chief executive further documents or information to enable the chief executive to register the transfer.\n(sec.65B-ssec.3) The chief executive must register the transfer of an authority if the chief executive receives a properly made application in relation to the authority.","sortOrder":108},{"sectionNumber":"sec.65BA","sectionType":"section","heading":"Internet system for transfer registration applications","content":"### sec.65BA Internet system for transfer registration applications\n\nThe chief executive may establish an internet system under which—\napplications may be made to register authority transfers; and\nthe following are made or done automatically on the internet—\nthe decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A ;\nregistration of the transfer.\nHowever, the use of the system may allow the decision to be made only if the information that the system requires to be given in making the application shows the application is, on its face, a properly made application for section 65A .\nFor section 196 , a decision made under the system is taken to be a decision of the chief executive under section 65B .\ns 65BA ins 2006 No. 28 s 25\n(sec.65BA-ssec.1) The chief executive may establish an internet system under which— applications may be made to register authority transfers; and the following are made or done automatically on the internet— the decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A ; registration of the transfer.\n(sec.65BA-ssec.2) However, the use of the system may allow the decision to be made only if the information that the system requires to be given in making the application shows the application is, on its face, a properly made application for section 65A .\n(sec.65BA-ssec.3) For section 196 , a decision made under the system is taken to be a decision of the chief executive under section 65B .\n- (a) applications may be made to register authority transfers; and\n- (b) the following are made or done automatically on the internet— (i) the decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A ; (ii) registration of the transfer.\n- (i) the decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A ;\n- (ii) registration of the transfer.\n- (i) the decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A ;\n- (ii) registration of the transfer.","sortOrder":109},{"sectionNumber":"sec.65C","sectionType":"section","heading":"Temporary transfers","content":"### sec.65C Temporary transfers\n\nA transfer of an authority may be for a stated period (a temporary transfer ).\nThe stated period—\nmay, subject to paragraphs (b) and (c) , be fixed by reference to the happening of a stated event; and\nIf the authority is subject to a quota entitlement, the start or end of the period may be fixed by reference to the start or end of the period to which the quota entitlement applies.\nmust not start before the day the chief executive registers the transfer; and\nmust not be longer than the term of the authority.\nIf an authority is subject to a temporary transfer (the first transfer ), a further temporary transfer of the authority may be registered for a stated period not longer than the period of the first transfer.\nIf the chief executive registers a temporary transfer, the chief executive must, as soon as practicable, give the applicants for registration of the temporary transfer written notice stating the temporary transfer of the authority has been registered.\ns 65C (prev s 65A) ins 2002 No. 49 s 14\nrenum 2004 No. 27 s 6\namd 2004 No. 27 s 8 ; 2006 No. 28 s 26 ; 2019 No. 6 s 41\n(sec.65C-ssec.1) A transfer of an authority may be for a stated period (a temporary transfer ).\n(sec.65C-ssec.2) The stated period— may, subject to paragraphs (b) and (c) , be fixed by reference to the happening of a stated event; and If the authority is subject to a quota entitlement, the start or end of the period may be fixed by reference to the start or end of the period to which the quota entitlement applies. must not start before the day the chief executive registers the transfer; and must not be longer than the term of the authority.\n(sec.65C-ssec.3) If an authority is subject to a temporary transfer (the first transfer ), a further temporary transfer of the authority may be registered for a stated period not longer than the period of the first transfer.\n(sec.65C-ssec.4) If the chief executive registers a temporary transfer, the chief executive must, as soon as practicable, give the applicants for registration of the temporary transfer written notice stating the temporary transfer of the authority has been registered.\n- (a) may, subject to paragraphs (b) and (c) , be fixed by reference to the happening of a stated event; and Example for paragraph (a) — If the authority is subject to a quota entitlement, the start or end of the period may be fixed by reference to the start or end of the period to which the quota entitlement applies.\n- (b) must not start before the day the chief executive registers the transfer; and\n- (c) must not be longer than the term of the authority.","sortOrder":110},{"sectionNumber":"sec.65D","sectionType":"section","heading":"Effect of temporary transfer","content":"### sec.65D Effect of temporary transfer\n\nThis section applies for a temporary transfer until—\ngenerally—the end of the period for which the transfer is registered; or\nif, during the period, the chief executive receives a signed notice from each interested party that the transfer has ended—the chief executive’s receipt of the notice.\nA reference in the following to the holder of the transferred authority, or to the holder of an authority, is, if the context permits, taken to include a reference to the transferee as if the transferee were the holder of the transferred authority—\na provision of this Act, other than section 4 , 56 , 57 , 63 (4) (d) and (5) , 72 or 73 ;\na regulation or declaration;\nthe conditions of the transferred authority.\nThe things authorised by the transferred authority—\nmay be done by the transferee as if the transferee were the person who was the holder of the authority immediately before the temporary transfer was registered (the original holder ); and\ncan not be done by the original holder.\nDespite the temporary transfer, the original holder continues to be the holder of the transferred authority.\nIf a further temporary transfer is registered for the transferred authority, subsections (2) to (4) apply to the transferee under the first temporary transfer as if a reference to the original holder includes that transferee.\nEach of the following is an interested party under subsection (1) —\nthe transferor under the temporary transfer;\nthe transferee under the temporary transfer;\nunless the transfer is a temporary transfer of a quota authority—anyone else who has a registered interest in the authority the subject of the temporary transfer.\ns 65D (prev s 65B) ins 2002 No. 49 s 14\nrenum 2004 No. 27 s 6\namd 2004 No. 27 s 9 ; 2006 No. 28 s 27 ; 2019 No. 6 s 42\n(sec.65D-ssec.1) This section applies for a temporary transfer until— generally—the end of the period for which the transfer is registered; or if, during the period, the chief executive receives a signed notice from each interested party that the transfer has ended—the chief executive’s receipt of the notice.\n(sec.65D-ssec.2) A reference in the following to the holder of the transferred authority, or to the holder of an authority, is, if the context permits, taken to include a reference to the transferee as if the transferee were the holder of the transferred authority— a provision of this Act, other than section 4 , 56 , 57 , 63 (4) (d) and (5) , 72 or 73 ; a regulation or declaration; the conditions of the transferred authority.\n(sec.65D-ssec.3) The things authorised by the transferred authority— may be done by the transferee as if the transferee were the person who was the holder of the authority immediately before the temporary transfer was registered (the original holder ); and can not be done by the original holder.\n(sec.65D-ssec.4) Despite the temporary transfer, the original holder continues to be the holder of the transferred authority.\n(sec.65D-ssec.5) If a further temporary transfer is registered for the transferred authority, subsections (2) to (4) apply to the transferee under the first temporary transfer as if a reference to the original holder includes that transferee.\n(sec.65D-ssec.6) Each of the following is an interested party under subsection (1) — the transferor under the temporary transfer; the transferee under the temporary transfer; unless the transfer is a temporary transfer of a quota authority—anyone else who has a registered interest in the authority the subject of the temporary transfer.\n- (a) generally—the end of the period for which the transfer is registered; or\n- (b) if, during the period, the chief executive receives a signed notice from each interested party that the transfer has ended—the chief executive’s receipt of the notice.\n- (a) a provision of this Act, other than section 4 , 56 , 57 , 63 (4) (d) and (5) , 72 or 73 ;\n- (b) a regulation or declaration;\n- (c) the conditions of the transferred authority.\n- (a) may be done by the transferee as if the transferee were the person who was the holder of the authority immediately before the temporary transfer was registered (the original holder ); and\n- (b) can not be done by the original holder.\n- (a) the transferor under the temporary transfer;\n- (b) the transferee under the temporary transfer;\n- (c) unless the transfer is a temporary transfer of a quota authority—anyone else who has a registered interest in the authority the subject of the temporary transfer.","sortOrder":111},{"sectionNumber":"sec.65E","sectionType":"section","heading":"Waiver of fee or requirement on transfer or amendment","content":"### sec.65E Waiver of fee or requirement on transfer or amendment\n\nThis section applies if the chief executive is satisfied a transfer or an amendment of an authority is necessary—\nto give effect to—\na settlement between spouses or former spouses; or\nbankruptcy; or\nwinding up or administration under the Corporations Act ; or\nsection 70C (3) ; or\nto administer a deceased estate; or\nbecause of the loss, at sea, of the boat being used in relation to the authority, through storm, capsize, collision or fire.\nOn an application made under subsection (3) , the chief executive must, according to the application—\nwaive the prescribed fee for an application for amendment or registration of a transfer of the authority; or\nwaive the requirement under a regulation, on application to amend or register the transfer of the authority, to do any of the following before the chief executive grants the application—\nsurrender another authority;\napply to amend another authority by removing a fishery symbol;\namend the authority in some other way that is not beneficial to the authority holder.\nAn application for the waiver of a prescribed fee or a requirement—\nmust be made jointly by each holder of the authority and any proposed transferee; and\nmust be made to the chief executive in the approved form; and\nmust be accompanied by—\nthe application for amendment or registration of a transfer; and\nsufficient documentary evidence to support the application for waiver.\ninsurance report, will, death certificate, court order\nIf asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.\nIn this section—\nholder , of an authority of a type prescribed under section 70C , includes the personal representative of a deceased holder.\ns 65E (prev s 65C) ins 2003 No. 82 s 26\nrenum 2004 No. 27 s 6\namd 2004 No. 27 s 10 ; 2019 No. 6 s 3 sch 1\n(sec.65E-ssec.1) This section applies if the chief executive is satisfied a transfer or an amendment of an authority is necessary— to give effect to— a settlement between spouses or former spouses; or bankruptcy; or winding up or administration under the Corporations Act ; or section 70C (3) ; or to administer a deceased estate; or because of the loss, at sea, of the boat being used in relation to the authority, through storm, capsize, collision or fire.\n(sec.65E-ssec.2) On an application made under subsection (3) , the chief executive must, according to the application— waive the prescribed fee for an application for amendment or registration of a transfer of the authority; or waive the requirement under a regulation, on application to amend or register the transfer of the authority, to do any of the following before the chief executive grants the application— surrender another authority; apply to amend another authority by removing a fishery symbol; amend the authority in some other way that is not beneficial to the authority holder.\n(sec.65E-ssec.3) An application for the waiver of a prescribed fee or a requirement— must be made jointly by each holder of the authority and any proposed transferee; and must be made to the chief executive in the approved form; and must be accompanied by— the application for amendment or registration of a transfer; and sufficient documentary evidence to support the application for waiver. insurance report, will, death certificate, court order\n(sec.65E-ssec.4) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.\n(sec.65E-ssec.5) In this section— holder , of an authority of a type prescribed under section 70C , includes the personal representative of a deceased holder.\n- (a) to give effect to— (i) a settlement between spouses or former spouses; or (ii) bankruptcy; or (iii) winding up or administration under the Corporations Act ; or (iv) section 70C (3) ; or\n- (i) a settlement between spouses or former spouses; or\n- (ii) bankruptcy; or\n- (iii) winding up or administration under the Corporations Act ; or\n- (iv) section 70C (3) ; or\n- (b) to administer a deceased estate; or\n- (c) because of the loss, at sea, of the boat being used in relation to the authority, through storm, capsize, collision or fire.\n- (i) a settlement between spouses or former spouses; or\n- (ii) bankruptcy; or\n- (iii) winding up or administration under the Corporations Act ; or\n- (iv) section 70C (3) ; or\n- (a) waive the prescribed fee for an application for amendment or registration of a transfer of the authority; or\n- (b) waive the requirement under a regulation, on application to amend or register the transfer of the authority, to do any of the following before the chief executive grants the application— (i) surrender another authority; (ii) apply to amend another authority by removing a fishery symbol; (iii) amend the authority in some other way that is not beneficial to the authority holder.\n- (i) surrender another authority;\n- (ii) apply to amend another authority by removing a fishery symbol;\n- (iii) amend the authority in some other way that is not beneficial to the authority holder.\n- (i) surrender another authority;\n- (ii) apply to amend another authority by removing a fishery symbol;\n- (iii) amend the authority in some other way that is not beneficial to the authority holder.\n- (a) must be made jointly by each holder of the authority and any proposed transferee; and\n- (b) must be made to the chief executive in the approved form; and\n- (c) must be accompanied by— (i) the application for amendment or registration of a transfer; and (ii) sufficient documentary evidence to support the application for waiver. Examples of documentary evidence— insurance report, will, death certificate, court order\n- (i) the application for amendment or registration of a transfer; and\n- (ii) sufficient documentary evidence to support the application for waiver. Examples of documentary evidence— insurance report, will, death certificate, court order\n- (i) the application for amendment or registration of a transfer; and\n- (ii) sufficient documentary evidence to support the application for waiver. Examples of documentary evidence— insurance report, will, death certificate, court order","sortOrder":112},{"sectionNumber":"sec.66","sectionType":"section","heading":"Permits not transferable","content":"### sec.66 Permits not transferable\n\nA permit can not be transferred.","sortOrder":113},{"sectionNumber":"sec.66A","sectionType":"section","heading":null,"content":"### Section sec.66A\n\ns 66A ins 2001 No. 23 s 13\nom 2002 No. 49 s 15","sortOrder":114},{"sectionNumber":"sec.66B","sectionType":"section","heading":null,"content":"### Section sec.66B\n\ns 66B ins 2001 No. 23 s 13\nom 2002 No. 49 s 15","sortOrder":115},{"sectionNumber":"sec.67","sectionType":"section","heading":"Suspension or cancellation of authority by chief executive","content":"### sec.67 Suspension or cancellation of authority by chief executive\n\nThe chief executive may suspend or cancel an authority if the chief executive is satisfied the suspension or cancellation is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.\nThe examples mentioned in section 59 (1) are examples of the bases on which the chief executive may be satisfied.\nIn acting under subsection (1) , the chief executive may disregard any third party interests in the authority.\nThis section does not affect the suspension or cancellation of an authority under a regulation.\ns 67 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 14 ; 2002 No. 49 s 16\nsub 2003 No. 82 s 27\namd 2019 No. 6 s 3 sch 1\n(sec.67-ssec.1) The chief executive may suspend or cancel an authority if the chief executive is satisfied the suspension or cancellation is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. The examples mentioned in section 59 (1) are examples of the bases on which the chief executive may be satisfied.\n(sec.67-ssec.2) In acting under subsection (1) , the chief executive may disregard any third party interests in the authority.\n(sec.67-ssec.3) This section does not affect the suspension or cancellation of an authority under a regulation.","sortOrder":116},{"sectionNumber":"sec.68","sectionType":"section","heading":"Procedure for cancellation or suspension by chief executive","content":"### sec.68 Procedure for cancellation or suspension by chief executive\n\nIf the chief executive considers grounds exist under section 67 (1) to suspend or cancel an authority (the proposed action ), the chief executive must give the holder of the authority a written notice that—\nstates the proposed action; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension of the authority—states the proposed suspension period; and\ninvites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may—\nif the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or\nif the proposed action was to cancel the authority—either cancel the authority or suspend it for a period.\nThe chief executive must inform the holder of the decision by written notice.\nIf the chief executive decides to suspend or cancel the authority, the notice must be an information notice for the decision.\nThe decision takes effect on the later of—\nthe day when the notice is given to the holder; or\nthe day of effect stated in the notice.\nCompensation is not payable if the chief executive suspends or cancels an authority.\nHowever, subsection (6) does not prevent a regulation providing for payment of compensation.\nThis section does not affect the suspension or cancellation of an authority under a regulation.\ns 68 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 15 ; 2003 No. 82 s 28 ; 2006 No. 28 s 3 sch ; 2009 No. 24 s 515 ; 2019 No. 6 s 3 sch 1\n(sec.68-ssec.1) If the chief executive considers grounds exist under section 67 (1) to suspend or cancel an authority (the proposed action ), the chief executive must give the holder of the authority a written notice that— states the proposed action; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the authority—states the proposed suspension period; and invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken.\n(sec.68-ssec.2) If, after considering all written representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may— if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period.\n(sec.68-ssec.3) The chief executive must inform the holder of the decision by written notice.\n(sec.68-ssec.4) If the chief executive decides to suspend or cancel the authority, the notice must be an information notice for the decision.\n(sec.68-ssec.5) The decision takes effect on the later of— the day when the notice is given to the holder; or the day of effect stated in the notice.\n(sec.68-ssec.6) Compensation is not payable if the chief executive suspends or cancels an authority.\n(sec.68-ssec.7) However, subsection (6) does not prevent a regulation providing for payment of compensation.\n(sec.68-ssec.8) This section does not affect the suspension or cancellation of an authority under a regulation.\n- (a) states the proposed action; and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension of the authority—states the proposed suspension period; and\n- (e) invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period.\n- (a) the day when the notice is given to the holder; or\n- (b) the day of effect stated in the notice.","sortOrder":117},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Suspension or cancellation of authority for dishonoured payment","content":"### sec.68A Suspension or cancellation of authority for dishonoured payment\n\nIf a person’s cheque for payment of the prescribed fee relating to an authority is dishonoured—\nif the fee is for an application for the authority—the authority is void from the day it was issued; or\nif the fee is for an application to renew the authority—the authority is suspended from the renewal date until a valid payment is made; or\nif the fee is for an application to transfer or amend the authority—the transfer or amendment does not take effect until a valid payment is made; or\nif the fee is an annual fee—the authority is suspended from the day the fee was due until a valid payment is made; or\nif the fee is any other prescribed fee—the authority is suspended from the day the fee was due until a valid payment is made.\nIf the State incurs expense because a person’s cheque is dishonoured—\nthe person must reimburse the State for the expense incurred; and\nthe amount of the expense may be recovered as a debt payable by the person to the State.\nIn this section—\ncheque includes a method of payment other than by cash.\ndishonoured includes not honoured on presentation.\ns 68A ins 2003 No. 82 s 29\n(sec.68A-ssec.1) If a person’s cheque for payment of the prescribed fee relating to an authority is dishonoured— if the fee is for an application for the authority—the authority is void from the day it was issued; or if the fee is for an application to renew the authority—the authority is suspended from the renewal date until a valid payment is made; or if the fee is for an application to transfer or amend the authority—the transfer or amendment does not take effect until a valid payment is made; or if the fee is an annual fee—the authority is suspended from the day the fee was due until a valid payment is made; or if the fee is any other prescribed fee—the authority is suspended from the day the fee was due until a valid payment is made.\n(sec.68A-ssec.2) If the State incurs expense because a person’s cheque is dishonoured— the person must reimburse the State for the expense incurred; and the amount of the expense may be recovered as a debt payable by the person to the State.\n(sec.68A-ssec.3) In this section— cheque includes a method of payment other than by cash. dishonoured includes not honoured on presentation.\n- (a) if the fee is for an application for the authority—the authority is void from the day it was issued; or\n- (b) if the fee is for an application to renew the authority—the authority is suspended from the renewal date until a valid payment is made; or\n- (c) if the fee is for an application to transfer or amend the authority—the transfer or amendment does not take effect until a valid payment is made; or\n- (d) if the fee is an annual fee—the authority is suspended from the day the fee was due until a valid payment is made; or\n- (e) if the fee is any other prescribed fee—the authority is suspended from the day the fee was due until a valid payment is made.\n- (a) the person must reimburse the State for the expense incurred; and\n- (b) the amount of the expense may be recovered as a debt payable by the person to the State.","sortOrder":118},{"sectionNumber":"sec.68AB","sectionType":"section","heading":"Suspension or cancellation for non-payment of particular fees other than because of dishonoured cheque","content":"### sec.68AB Suspension or cancellation for non-payment of particular fees other than because of dishonoured cheque\n\nThis section applies if—\na fee payable under this Act for or relating to an authority is not paid by the due date for the fee stated in a fee notice for the fee given to the holder of the authority; and\nthe fee is not for an application to transfer or amend the authority; and\nsection 68A does not apply in relation to the non-payment of the fee.\nThe authority is suspended—\nif the holder of the authority was given the fee notice at least 30 days before the due date—from the due date until the fee is paid or a repayment agreement for the fee is made; or\nif the holder of the authority was given the fee notice fewer than 30 days before the due date—from 30 days after the notice is given until the fee is paid or a repayment agreement for the fee is made.\nIf the authority is a charter fishing licence or commercial fisher licence, and the authority is still suspended under subsection (2) 90 days after the fee notice for the fee was given to the holder of the authority, the authority is cancelled.\nIn this section—\ncharter fishing licence means an authority that, under a regulation, is described as a charter fishing licence.\ncommercial fisher licence means an authority that, under a regulation, is described as a commercial fisher licence.\ndue date , for a fee payable under this Act, means the date on which the fee is due to be paid under this Act.\nfee notice , for a fee payable under this Act, means a notice given to the holder of an authority that states—\nthe due date for the fee; and\nthat the authority may be cancelled or suspended if the fee is not paid or a repayment agreement for the fee is not made by the due date.\nrepayment agreement , for a fee payable under this Act, means a written agreement between the holder of the authority and the chief executive for the payment of the fee.\ns 68AB ins 2006 No. 28 s 28\nsub 2024 No. 17 s 143\n(sec.68AB-ssec.1) This section applies if— a fee payable under this Act for or relating to an authority is not paid by the due date for the fee stated in a fee notice for the fee given to the holder of the authority; and the fee is not for an application to transfer or amend the authority; and section 68A does not apply in relation to the non-payment of the fee.\n(sec.68AB-ssec.2) The authority is suspended— if the holder of the authority was given the fee notice at least 30 days before the due date—from the due date until the fee is paid or a repayment agreement for the fee is made; or if the holder of the authority was given the fee notice fewer than 30 days before the due date—from 30 days after the notice is given until the fee is paid or a repayment agreement for the fee is made.\n(sec.68AB-ssec.3) If the authority is a charter fishing licence or commercial fisher licence, and the authority is still suspended under subsection (2) 90 days after the fee notice for the fee was given to the holder of the authority, the authority is cancelled.\n(sec.68AB-ssec.4) In this section— charter fishing licence means an authority that, under a regulation, is described as a charter fishing licence. commercial fisher licence means an authority that, under a regulation, is described as a commercial fisher licence. due date , for a fee payable under this Act, means the date on which the fee is due to be paid under this Act. fee notice , for a fee payable under this Act, means a notice given to the holder of an authority that states— the due date for the fee; and that the authority may be cancelled or suspended if the fee is not paid or a repayment agreement for the fee is not made by the due date. repayment agreement , for a fee payable under this Act, means a written agreement between the holder of the authority and the chief executive for the payment of the fee.\n- (a) a fee payable under this Act for or relating to an authority is not paid by the due date for the fee stated in a fee notice for the fee given to the holder of the authority; and\n- (b) the fee is not for an application to transfer or amend the authority; and\n- (c) section 68A does not apply in relation to the non-payment of the fee.\n- (a) if the holder of the authority was given the fee notice at least 30 days before the due date—from the due date until the fee is paid or a repayment agreement for the fee is made; or\n- (b) if the holder of the authority was given the fee notice fewer than 30 days before the due date—from 30 days after the notice is given until the fee is paid or a repayment agreement for the fee is made.\n- (a) the due date for the fee; and\n- (b) that the authority may be cancelled or suspended if the fee is not paid or a repayment agreement for the fee is not made by the due date.","sortOrder":119},{"sectionNumber":"sec.68AC","sectionType":"section","heading":"Suspension of quota entitlement for investigation","content":"### sec.68AC Suspension of quota entitlement for investigation\n\nThis section applies if—\nan inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and\nthe chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to ensure the quota entitlement is not, or does not continue to be, contravened.\nThe chief executive may, by written notice to the holder of the quota authority, suspend a stated part of the quota entitlement for the authority for a stated period.\nThe stated period—\nmust not end more than 6 months after the day the investigation is started; and\nmust end on or before the end of the period to which the quota entitlement applies.\nIf the chief executive suspends a part of the quota entitlement for the quota authority, the quota entitlement is taken to be the amount of the quota entitlement originally granted by the quota authority less the stated part that has been suspended.\nIf the investigation ends before the stated period ends and a proceeding for an offence against this Act is not started against the holder of the quota authority—\nthe chief executive must cancel the suspension by written notice to the holder of the authority; and\nthe quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority.\nIf a proceeding for an offence against this Act against the holder of the quota authority is started before the stated period ends and the period to which the quota entitlement applies has not ended, the chief executive may, by written notice to the holder of the authority, suspend a stated part of the quota entitlement for a further period ending at the earlier of the following—\nthe end of the period to which the quota entitlement applies;\nwhen the proceeding is decided.\nA notice under subsection (2) or (6) must be an information notice.\nIn this section—\ninformation requirement means—\nan information requirement under section 118 (1) ; or\na requirement to give the chief executive information under a condition of an authority.\ns 68AC ins 2019 No. 6 s 43\n(sec.68AC-ssec.1) This section applies if— an inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and the chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to ensure the quota entitlement is not, or does not continue to be, contravened.\n(sec.68AC-ssec.2) The chief executive may, by written notice to the holder of the quota authority, suspend a stated part of the quota entitlement for the authority for a stated period.\n(sec.68AC-ssec.3) The stated period— must not end more than 6 months after the day the investigation is started; and must end on or before the end of the period to which the quota entitlement applies.\n(sec.68AC-ssec.4) If the chief executive suspends a part of the quota entitlement for the quota authority, the quota entitlement is taken to be the amount of the quota entitlement originally granted by the quota authority less the stated part that has been suspended.\n(sec.68AC-ssec.5) If the investigation ends before the stated period ends and a proceeding for an offence against this Act is not started against the holder of the quota authority— the chief executive must cancel the suspension by written notice to the holder of the authority; and the quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority.\n(sec.68AC-ssec.6) If a proceeding for an offence against this Act against the holder of the quota authority is started before the stated period ends and the period to which the quota entitlement applies has not ended, the chief executive may, by written notice to the holder of the authority, suspend a stated part of the quota entitlement for a further period ending at the earlier of the following— the end of the period to which the quota entitlement applies; when the proceeding is decided.\n(sec.68AC-ssec.7) A notice under subsection (2) or (6) must be an information notice.\n(sec.68AC-ssec.8) In this section— information requirement means— an information requirement under section 118 (1) ; or a requirement to give the chief executive information under a condition of an authority.\n- (a) an inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and\n- (b) the chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to ensure the quota entitlement is not, or does not continue to be, contravened.\n- (a) must not end more than 6 months after the day the investigation is started; and\n- (b) must end on or before the end of the period to which the quota entitlement applies.\n- (a) the chief executive must cancel the suspension by written notice to the holder of the authority; and\n- (b) the quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority.\n- (a) the end of the period to which the quota entitlement applies;\n- (b) when the proceeding is decided.\n- (a) an information requirement under section 118 (1) ; or\n- (b) a requirement to give the chief executive information under a condition of an authority.","sortOrder":120},{"sectionNumber":"sec.68B","sectionType":"section","heading":"Suspension or cancellation of authority by court","content":"### sec.68B Suspension or cancellation of authority by court\n\nThis section applies if a court convicts the holder of an authority of a serious fisheries offence, whether or not a conviction is recorded.\nThe court may, in addition to, or instead of, imposing the fine prescribed under this Act for the offence, suspend or cancel the authority.\nIn acting under subsection (2) , the court—\nmay disregard any third party interests in the authority; and\nmust have regard to—\nthe criteria prescribed by regulation for suspension or cancellation of an authority; and\nthe fine the court imposes for the offence.\nThe court may, if considered appropriate in the circumstances, have regard to any previous conviction of the authority holder under this Act.\nThe court may impose a cumulative or concurrent suspension period, as the court considers appropriate, if—\nthe court convicts the holder of more than 1 serious fisheries offence; or\nduring the suspension period, the holder is again convicted of a serious fisheries offence.\nThis section does not affect the suspension or cancellation of an authority under a regulation.\ns 68B ins 2003 No. 82 s 29\namd 2019 No. 6 s 44\n(sec.68B-ssec.1) This section applies if a court convicts the holder of an authority of a serious fisheries offence, whether or not a conviction is recorded.\n(sec.68B-ssec.2) The court may, in addition to, or instead of, imposing the fine prescribed under this Act for the offence, suspend or cancel the authority.\n(sec.68B-ssec.3) In acting under subsection (2) , the court— may disregard any third party interests in the authority; and must have regard to— the criteria prescribed by regulation for suspension or cancellation of an authority; and the fine the court imposes for the offence.\n(sec.68B-ssec.4) The court may, if considered appropriate in the circumstances, have regard to any previous conviction of the authority holder under this Act.\n(sec.68B-ssec.5) The court may impose a cumulative or concurrent suspension period, as the court considers appropriate, if— the court convicts the holder of more than 1 serious fisheries offence; or during the suspension period, the holder is again convicted of a serious fisheries offence.\n(sec.68B-ssec.6) This section does not affect the suspension or cancellation of an authority under a regulation.\n- (a) may disregard any third party interests in the authority; and\n- (b) must have regard to— (i) the criteria prescribed by regulation for suspension or cancellation of an authority; and (ii) the fine the court imposes for the offence.\n- (i) the criteria prescribed by regulation for suspension or cancellation of an authority; and\n- (ii) the fine the court imposes for the offence.\n- (i) the criteria prescribed by regulation for suspension or cancellation of an authority; and\n- (ii) the fine the court imposes for the offence.\n- (a) the court convicts the holder of more than 1 serious fisheries offence; or\n- (b) during the suspension period, the holder is again convicted of a serious fisheries offence.","sortOrder":121},{"sectionNumber":"sec.68C","sectionType":"section","heading":"Effect of suspension on entitlement","content":"### sec.68C Effect of suspension on entitlement\n\nIf an authority has been suspended, it does not authorise the holder of the authority to do anything during the period of the suspension other than possess fishing apparatus the holder is entitled to possess under section 52 (1) or (2) .\ns 68C ins 2019 No. 6 s 45","sortOrder":122},{"sectionNumber":"sec.69","sectionType":"section","heading":"Effect of suspension on renewal","content":"### sec.69 Effect of suspension on renewal\n\nIf an authority has been suspended, it may be renewed but continues to be suspended until the end of the suspension period.","sortOrder":123},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Effect of suspension on issue or transfer of another authority","content":"### sec.69A Effect of suspension on issue or transfer of another authority\n\nIf an authority (the suspended authority ) has been suspended, the chief executive may not accept an application—\nto issue another authority, or register a transfer of another authority, to the holder of the suspended authority, if the other authority would allow the holder to carry out the activities otherwise allowed under the suspended authority, during the period the suspended authority is suspended; or\nto register a transfer of the authority to another person during the period the suspended authority is suspended.\nHowever, subsection (1) (b) does not apply if—\nthe suspension is under section 68AB ; and\nthe chief executive has, under section 65A (3) (b) , given written approval to the registration of the transfer.\nTo remove any doubt, it is declared that subsection (2) does not affect the suspension under section 68AB .\nIf a part of a quota entitlement for a quota authority has been suspended under section 68AC , the chief executive may not accept an application—\nto issue another quota authority, or register a transfer of another quota authority, to the holder of the quota authority to which the suspended quota entitlement applies, if the other quota authority would give the holder an entitlement to take fisheries resources the holder would otherwise be authorised to take under the suspended quota entitlement; or\nto register a transfer of the quota authority to which the suspended quota entitlement applies to another person during the period of the suspension.\ns 69A ins 2003 No. 82 s 30\namd 2006 No. 28 s 29 ; 2019 No. 6 s 46\n(sec.69A-ssec.1) If an authority (the suspended authority ) has been suspended, the chief executive may not accept an application— to issue another authority, or register a transfer of another authority, to the holder of the suspended authority, if the other authority would allow the holder to carry out the activities otherwise allowed under the suspended authority, during the period the suspended authority is suspended; or to register a transfer of the authority to another person during the period the suspended authority is suspended.\n(sec.69A-ssec.2) However, subsection (1) (b) does not apply if— the suspension is under section 68AB ; and the chief executive has, under section 65A (3) (b) , given written approval to the registration of the transfer.\n(sec.69A-ssec.3) To remove any doubt, it is declared that subsection (2) does not affect the suspension under section 68AB .\n(sec.69A-ssec.4) If a part of a quota entitlement for a quota authority has been suspended under section 68AC , the chief executive may not accept an application— to issue another quota authority, or register a transfer of another quota authority, to the holder of the quota authority to which the suspended quota entitlement applies, if the other quota authority would give the holder an entitlement to take fisheries resources the holder would otherwise be authorised to take under the suspended quota entitlement; or to register a transfer of the quota authority to which the suspended quota entitlement applies to another person during the period of the suspension.\n- (a) to issue another authority, or register a transfer of another authority, to the holder of the suspended authority, if the other authority would allow the holder to carry out the activities otherwise allowed under the suspended authority, during the period the suspended authority is suspended; or\n- (b) to register a transfer of the authority to another person during the period the suspended authority is suspended.\n- (a) the suspension is under section 68AB ; and\n- (b) the chief executive has, under section 65A (3) (b) , given written approval to the registration of the transfer.\n- (a) to issue another quota authority, or register a transfer of another quota authority, to the holder of the quota authority to which the suspended quota entitlement applies, if the other quota authority would give the holder an entitlement to take fisheries resources the holder would otherwise be authorised to take under the suspended quota entitlement; or\n- (b) to register a transfer of the quota authority to which the suspended quota entitlement applies to another person during the period of the suspension.","sortOrder":124},{"sectionNumber":"sec.69B","sectionType":"section","heading":"Further fees continue to be payable despite suspension","content":"### sec.69B Further fees continue to be payable despite suspension\n\nThis section applies if an authority, or a quota entitlement for a quota authority, is suspended.\nTo remove any doubt, it is declared that the suspension has no effect on a liability under this Act to pay the full amount of a further fee for or relating to the suspended authority or quota authority to which the suspended quota entitlement applies.\nSubsection (2) continues to apply for the amount even if the suspended authority, or quota authority to which the suspended quota entitlement applies, is later cancelled.\ns 69B ins 2006 No. 28 s 30\namd 2019 No. 6 s 47\n(sec.69B-ssec.1) This section applies if an authority, or a quota entitlement for a quota authority, is suspended.\n(sec.69B-ssec.2) To remove any doubt, it is declared that the suspension has no effect on a liability under this Act to pay the full amount of a further fee for or relating to the suspended authority or quota authority to which the suspended quota entitlement applies.\n(sec.69B-ssec.3) Subsection (2) continues to apply for the amount even if the suspended authority, or quota authority to which the suspended quota entitlement applies, is later cancelled.","sortOrder":125},{"sectionNumber":"sec.70","sectionType":"section","heading":"Authority to be returned","content":"### sec.70 Authority to be returned\n\nThe holder of an authority suspended, or the former holder of an authority cancelled, must return the authority to the chief executive within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it or not returning it within that time.\nMaximum penalty—80 penalty units.\nIf a suspended authority is returned to the chief executive, the chief executive must return it to the holder at the end of the suspension period.\ns 70 amd 2000 No. 26 s 13 sch 2\n(sec.70-ssec.1) The holder of an authority suspended, or the former holder of an authority cancelled, must return the authority to the chief executive within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it or not returning it within that time. Maximum penalty—80 penalty units.\n(sec.70-ssec.2) If a suspended authority is returned to the chief executive, the chief executive must return it to the holder at the end of the suspension period.","sortOrder":126},{"sectionNumber":"sec.70A","sectionType":"section","heading":"Application of sdiv 6A","content":"### sec.70A Application of sdiv 6A\n\nThis subdivision applies if an individual is a holder of an authority and the individual dies.\ns 70A ins 2002 No. 49 s 17","sortOrder":127},{"sectionNumber":"sec.70B","sectionType":"section","heading":"General effect of death","content":"### sec.70B General effect of death\n\nSubject to section 70C , on the individual’s death—\nthe individual ceases to be a holder of the authority; and\nthe individual’s entitlement as a holder of the authority ceases.\ns 70B ins 2002 No. 49 s 17\n- (a) the individual ceases to be a holder of the authority; and\n- (b) the individual’s entitlement as a holder of the authority ceases.","sortOrder":128},{"sectionNumber":"sec.70C","sectionType":"section","heading":"Continuance of particular authorities","content":"### sec.70C Continuance of particular authorities\n\nThis section applies only if the authority is of a type prescribed by regulation.\nIf, immediately before the individual’s death, the individual was the only holder of the authority—\nthe authority continues in force, subject to this Act; and\nthe individual’s personal representative becomes the holder of the authority.\nIf, immediately before the death, there was more than 1 holder of the authority—\nthe individual’s personal representative becomes a holder of the authority; and\nthe other holders of the authority continue to be holders of the authority, unaffected by the individual’s death.\nA personal representative who, under this section, becomes a holder takes the entitlement the individual had under the authority immediately before the death.\ns 70C ins 2002 No. 49 s 17\namd 2019 No. 6 s 3 sch 1\n(sec.70C-ssec.1) This section applies only if the authority is of a type prescribed by regulation.\n(sec.70C-ssec.2) If, immediately before the individual’s death, the individual was the only holder of the authority— the authority continues in force, subject to this Act; and the individual’s personal representative becomes the holder of the authority.\n(sec.70C-ssec.3) If, immediately before the death, there was more than 1 holder of the authority— the individual’s personal representative becomes a holder of the authority; and the other holders of the authority continue to be holders of the authority, unaffected by the individual’s death.\n(sec.70C-ssec.4) A personal representative who, under this section, becomes a holder takes the entitlement the individual had under the authority immediately before the death.\n- (a) the authority continues in force, subject to this Act; and\n- (b) the individual’s personal representative becomes the holder of the authority.\n- (a) the individual’s personal representative becomes a holder of the authority; and\n- (b) the other holders of the authority continue to be holders of the authority, unaffected by the individual’s death.","sortOrder":129},{"sectionNumber":"sec.70D","sectionType":"section","heading":"Provisions for changeover to personal representative","content":"### sec.70D Provisions for changeover to personal representative\n\nThis section applies if, under section 70C , a personal representative (the new holder ) becomes a holder of the authority.\nThe change in the holdership to the new holder is taken to be a circumstance for section 73 (3) .\nUntil the change is recorded in the register, a notice under this Act from the chief executive to the new holder may be given at the deceased individual’s address last known to the chief executive.\ns 70D ins 2002 No. 49 s 17\namd 2006 No. 28 s 3 sch\n(sec.70D-ssec.1) This section applies if, under section 70C , a personal representative (the new holder ) becomes a holder of the authority.\n(sec.70D-ssec.2) The change in the holdership to the new holder is taken to be a circumstance for section 73 (3) .\n(sec.70D-ssec.3) Until the change is recorded in the register, a notice under this Act from the chief executive to the new holder may be given at the deceased individual’s address last known to the chief executive.","sortOrder":130},{"sectionNumber":"sec.71","sectionType":"section","heading":"Replacement of authorities","content":"### sec.71 Replacement of authorities\n\nThe holder of a lost, damaged or destroyed authority may apply to the chief executive for a replacement authority.\nThe application must—\nbe made in the approved form; and\nbe accompanied by the fees prescribed by regulation.\nThe chief executive may replace the authority if the chief executive is satisfied it has been lost, damaged or destroyed.\ns 71 amd 2000 No. 26 s 13 sch 2 ; 2002 No. 49 s 37 sch ; 2019 No. 6 s 3 sch 1\n(sec.71-ssec.1) The holder of a lost, damaged or destroyed authority may apply to the chief executive for a replacement authority.\n(sec.71-ssec.2) The application must— be made in the approved form; and be accompanied by the fees prescribed by regulation.\n(sec.71-ssec.3) The chief executive may replace the authority if the chief executive is satisfied it has been lost, damaged or destroyed.\n- (a) be made in the approved form; and\n- (b) be accompanied by the fees prescribed by regulation.","sortOrder":131},{"sectionNumber":"sec.72","sectionType":"section","heading":"Surrender of authorities","content":"### sec.72 Surrender of authorities\n\nThe holder of an authority may surrender it by giving notice of surrender to the chief executive.\nThe notice must be in an approved form and be accompanied by the authority.\ns 72 amd 2000 No. 26 s 13 sch 2 ; 2002 No. 49 s 37 sch\n(sec.72-ssec.1) The holder of an authority may surrender it by giving notice of surrender to the chief executive.\n(sec.72-ssec.2) The notice must be in an approved form and be accompanied by the authority.","sortOrder":132},{"sectionNumber":"sec.73","sectionType":"section","heading":"Registers of authorities and fisheries development approvals","content":"### sec.73 Registers of authorities and fisheries development approvals\n\nThe chief executive must keep a register of—\nauthorities issued by the chief executive; and\nfisheries development approvals.\nThe register must contain the particulars prescribed by regulation and may include other particulars decided by the chief executive.\nWithin 21 days after a change in circumstances prescribed by regulation, the holder of an authority must give the chief executive written particulars of the change in the approved form.\nMaximum penalty—300 penalty units.\nA person may, on payment of the fee prescribed by regulation and subject to reasonable conditions imposed by the chief executive—\ninspect the register at the department’s head office during business hours; and\ntake extracts from, or obtain a copy of details in, the register.\nThe chief executive may publish details in the register at the times and in the way decided by the chief executive.\nThe holder of an authority may apply to the chief executive in the approved form to have noted on the register an interest that a specified person has in the authority.\ns 73 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 16 ; 2002 No. 49 s 37 sch ; 2003 No. 82 s 31 ; 2019 No. 6 s 3 sch 1\namd 2024 No. 17 s 167 (uncommenced amendment)\n(sec.73-ssec.1) The chief executive must keep a register of— authorities issued by the chief executive; and fisheries development approvals.\n(sec.73-ssec.2) The register must contain the particulars prescribed by regulation and may include other particulars decided by the chief executive.\n(sec.73-ssec.3) Within 21 days after a change in circumstances prescribed by regulation, the holder of an authority must give the chief executive written particulars of the change in the approved form. Maximum penalty—300 penalty units.\n(sec.73-ssec.4) A person may, on payment of the fee prescribed by regulation and subject to reasonable conditions imposed by the chief executive— inspect the register at the department’s head office during business hours; and take extracts from, or obtain a copy of details in, the register.\n(sec.73-ssec.5) The chief executive may publish details in the register at the times and in the way decided by the chief executive.\n(sec.73-ssec.6) The holder of an authority may apply to the chief executive in the approved form to have noted on the register an interest that a specified person has in the authority.\n- (a) authorities issued by the chief executive; and\n- (b) fisheries development approvals.\n- (a) inspect the register at the department’s head office during business hours; and\n- (b) take extracts from, or obtain a copy of details in, the register.","sortOrder":133},{"sectionNumber":"sec.74","sectionType":"section","heading":"Certificates about authorities","content":"### sec.74 Certificates about authorities\n\nThe chief executive may issue a certificate stating—\nthat a particular person was or was not the holder of an authority on a particular day or over a particular period; or\nthe type or conditions of a particular authority; or\nthe cancellation or suspension of an authority; or\nanything else about an authority that is in the register.\nThe certificate is admissible in a proceeding as evidence of a matter stated in it.\nAn application for a certificate must—\nbe made to the chief executive in the approved form; and\nbe accompanied by the fees prescribed by regulation.\ns 74 amd 2000 No. 26 s 13 sch 2 ; 2002 No. 49 s 37 sch ; 2006 No. 28 s 3 sch ; 2019 No. 6 s 3 sch 1\n(sec.74-ssec.1) The chief executive may issue a certificate stating— that a particular person was or was not the holder of an authority on a particular day or over a particular period; or the type or conditions of a particular authority; or the cancellation or suspension of an authority; or anything else about an authority that is in the register.\n(sec.74-ssec.2) The certificate is admissible in a proceeding as evidence of a matter stated in it.\n(sec.74-ssec.3) An application for a certificate must— be made to the chief executive in the approved form; and be accompanied by the fees prescribed by regulation.\n- (a) that a particular person was or was not the holder of an authority on a particular day or over a particular period; or\n- (b) the type or conditions of a particular authority; or\n- (c) the cancellation or suspension of an authority; or\n- (d) anything else about an authority that is in the register.\n- (a) be made to the chief executive in the approved form; and\n- (b) be accompanied by the fees prescribed by regulation.","sortOrder":134},{"sectionNumber":"sec.75","sectionType":"section","heading":"False representations about authorities","content":"### sec.75 False representations about authorities\n\nA person must not intentionally or recklessly falsely represent that someone (whether the person or someone else) holds an authority or an authority of a particular type.\nMaximum penalty—1,000 penalty units.","sortOrder":135},{"sectionNumber":"sec.76","sectionType":"section","heading":"Offences about registers","content":"### sec.76 Offences about registers\n\nA person must not intentionally or recklessly—\nmake, cause to be made, or agree to the making of, a false or misleading entry in the register about an authority; or\nproduce or tender in evidence a document falsely purporting to be—\nan instrument, or a copy of or extract from an instrument, given to or by the chief executive under this part; or\na copy of or extract from an entry in the register about an authority.\nMaximum penalty—1,000 penalty units.\ns 76 amd 2000 No. 26 s 13 sch 2 ; 2004 No. 27 s 11 ; 2006 No. 28 s 3 sch\n- (a) make, cause to be made, or agree to the making of, a false or misleading entry in the register about an authority; or\n- (b) produce or tender in evidence a document falsely purporting to be— (i) an instrument, or a copy of or extract from an instrument, given to or by the chief executive under this part; or (ii) a copy of or extract from an entry in the register about an authority.\n- (i) an instrument, or a copy of or extract from an instrument, given to or by the chief executive under this part; or\n- (ii) a copy of or extract from an entry in the register about an authority.\n- (i) an instrument, or a copy of or extract from an instrument, given to or by the chief executive under this part; or\n- (ii) a copy of or extract from an entry in the register about an authority.","sortOrder":136},{"sectionNumber":"pt.5-div.3A","sectionType":"division","heading":"Fisheries development approvals","content":"## Fisheries development approvals","sortOrder":137},{"sectionNumber":"sec.76A","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.76A Application of sdiv 1\n\nThis subdivision applies to the following development—\ndevelopment categorised as assessable development under a regulation made under the Planning Act that is building work in a declared fish habitat area or operational work completely or partly within a declared fish habitat area, to the extent the development is carried out in Queensland waters or on land other than freehold land ( prescribed declared fish habitat area development );\ndevelopment categorised as assessable development under a regulation made under the Planning Act that is making a material change of use of premises for aquaculture, if it is carried out completely in Queensland waters or on unallocated tidal land ( prescribed aquaculture development ).\ns 76A ins 2003 No. 82 s 32\namd 2006 No. 28 s 3 sch ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 238\nsub 2024 No. 17 s 168 (uncommenced amendment)\n- (a) development categorised as assessable development under a regulation made under the Planning Act that is building work in a declared fish habitat area or operational work completely or partly within a declared fish habitat area, to the extent the development is carried out in Queensland waters or on land other than freehold land ( prescribed declared fish habitat area development );\n- (b) development categorised as assessable development under a regulation made under the Planning Act that is making a material change of use of premises for aquaculture, if it is carried out completely in Queensland waters or on unallocated tidal land ( prescribed aquaculture development ).","sortOrder":138},{"sectionNumber":"sec.76B","sectionType":"section","heading":null,"content":"### Section sec.76B\n\ns 76B ins 2003 No. 82 s 32\nom 2012 No. 34 s 10\nins 2024 No. 17 s 168 (uncommenced amendment)","sortOrder":139},{"sectionNumber":"sec.76C","sectionType":"section","heading":"Nature of fisheries development approval for which resource allocation authority required","content":"### sec.76C Nature of fisheries development approval for which resource allocation authority required\n\nA fisheries development approval authorises a person to carry out development under the approval only if the person also holds—\nfor prescribed declared fish habitat area development—a resource allocation authority for interfering with a declared fish habitat area; or\nfor prescribed aquaculture development—a resource allocation authority for interfering with fish habitat in Queensland waters or on unallocated tidal land.\nSee also section 88B (Carrying out particular development without resource allocation authority).\nAlso, despite the Planning Act , section 73 , the approval attaches to the area mentioned in the resource allocation authority for the development.\ns 76C ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2 ; 2012 No. 34s 11; 2016 No. 27 s 239\nsub 2024 No. 17 s 168 (uncommenced amendment)\n(sec.76C-ssec.1) A fisheries development approval authorises a person to carry out development under the approval only if the person also holds— for prescribed declared fish habitat area development—a resource allocation authority for interfering with a declared fish habitat area; or for prescribed aquaculture development—a resource allocation authority for interfering with fish habitat in Queensland waters or on unallocated tidal land. See also section 88B (Carrying out particular development without resource allocation authority).\n(sec.76C-ssec.2) Also, despite the Planning Act , section 73 , the approval attaches to the area mentioned in the resource allocation authority for the development.\n- (a) for prescribed declared fish habitat area development—a resource allocation authority for interfering with a declared fish habitat area; or\n- (b) for prescribed aquaculture development—a resource allocation authority for interfering with fish habitat in Queensland waters or on unallocated tidal land.","sortOrder":140},{"sectionNumber":"sec.76D","sectionType":"section","heading":null,"content":"### Section sec.76D\n\ns 76D ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 240","sortOrder":141},{"sectionNumber":"sec.76DA","sectionType":"section","heading":null,"content":"### Section sec.76DA\n\ns 76DA ins 2005 No. 42 s 52 sch 1\namd 2006 No. 59 s 85 sch\nsub 2009 No. 36 s 872 sch 2\namd 2010 No. 53 s 56\nom 2014 No. 40 s 107","sortOrder":142},{"sectionNumber":"sec.76DB","sectionType":"section","heading":null,"content":"### Section sec.76DB\n\ns 76DB ins 2005 No. 42 s 52 sch 1\namd 2006 No. 59 s 85 sch\nsub 2009 No. 36 s 872 sch 2\nom 2014 No. 40 s 107","sortOrder":143},{"sectionNumber":"sec.76DC","sectionType":"section","heading":null,"content":"### Section sec.76DC\n\ns 76DC ins 2005 No. 42 s 52 sch 1\namd 2006 No. 59 s 85 sch\nsub 2009 No. 36 s 872 sch 2\nom 2014 No. 40 s 107","sortOrder":144},{"sectionNumber":"sec.76E","sectionType":"section","heading":null,"content":"### Section sec.76E\n\ns 76E ins 2003 No. 82 s 32\nom 2024 No. 17 s 144","sortOrder":145},{"sectionNumber":"sec.76F","sectionType":"section","heading":null,"content":"### Section sec.76F\n\ns 76F ins 2003 No. 82 s 32\namd 2009 No. 24 s 516\nom 2024 No. 17 s 144","sortOrder":146},{"sectionNumber":"sec.76G","sectionType":"section","heading":null,"content":"### Section sec.76G\n\ns 76G ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 242","sortOrder":147},{"sectionNumber":"sec.76H","sectionType":"section","heading":"Relationship between sdiv 4 and Planning Act","content":"### sec.76H Relationship between sdiv 4 and Planning Act\n\nThis subdivision applies subject to the Planning Act , chapter 3 , part 3 , division 3 .\ns 76H ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 244","sortOrder":148},{"sectionNumber":"sec.76I","sectionType":"section","heading":null,"content":"### Section sec.76I\n\ns 76I ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 245","sortOrder":149},{"sectionNumber":"sec.76IA","sectionType":"section","heading":"Environmental offset conditions","content":"### sec.76IA Environmental offset conditions\n\nUnder the Planning Act , section 65 , the conditions imposed on a fisheries development approval may include environmental offset conditions.\nAn environmental offset condition may relate to an environmental offset undertaken to counterbalance the impacts of the development on fisheries resources or fish habitat including, for example—\nan environmental offset to enhance or rehabilitate a fish habitat; and\nthe exchange of another fish habitat for a fish habitat affected by the development; and\na contribution to fish habitat research.\ns 76IA ins 2011 No. 3 s 17\namd 2014 No. 33 s 118 ; 2016 No. 27 s 246\n(sec.76IA-ssec.1) Under the Planning Act , section 65 , the conditions imposed on a fisheries development approval may include environmental offset conditions.\n(sec.76IA-ssec.2) An environmental offset condition may relate to an environmental offset undertaken to counterbalance the impacts of the development on fisheries resources or fish habitat including, for example— an environmental offset to enhance or rehabilitate a fish habitat; and the exchange of another fish habitat for a fish habitat affected by the development; and a contribution to fish habitat research.\n- (a) an environmental offset to enhance or rehabilitate a fish habitat; and\n- (b) the exchange of another fish habitat for a fish habitat affected by the development; and\n- (c) a contribution to fish habitat research.","sortOrder":150},{"sectionNumber":"sec.76J","sectionType":"section","heading":null,"content":"### Section sec.76J\n\ns 76J ins 2003 No. 82 s 32\nom 2016 No. 27 s 247","sortOrder":151},{"sectionNumber":"sec.76K","sectionType":"section","heading":null,"content":"### Section sec.76K\n\ns 76K ins 2003 No. 82 s 32\nom 2016 No. 27 s 247","sortOrder":152},{"sectionNumber":"sec.76L","sectionType":"section","heading":null,"content":"### Section sec.76L\n\ns 76L ins 2003 No. 82 s 32\nom 2016 No. 27 s 247","sortOrder":153},{"sectionNumber":"sec.76M","sectionType":"section","heading":null,"content":"### Section sec.76M\n\ns 76M ins 2003 No. 82 s 32\nom 2016 No. 27 s 248","sortOrder":154},{"sectionNumber":"sec.76N","sectionType":"section","heading":null,"content":"### Section sec.76N\n\ns 76N ins 2003 No. 82 s 32\nom 2016 No. 27 s 248","sortOrder":155},{"sectionNumber":"sec.76O","sectionType":"section","heading":null,"content":"### Section sec.76O\n\ns 76O ins 2003 No. 82 s 32\nom 2016 No. 27 s 248","sortOrder":156},{"sectionNumber":"sec.76P","sectionType":"section","heading":null,"content":"### Section sec.76P\n\ns 76P ins 2003 No. 82 s 32\nom 2016 No. 27 s 248","sortOrder":157},{"sectionNumber":"sec.76Q","sectionType":"section","heading":null,"content":"### Section sec.76Q\n\ns 76Q ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 248","sortOrder":158},{"sectionNumber":"sec.76R","sectionType":"section","heading":null,"content":"### Section sec.76R\n\ns 76R ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 248","sortOrder":159},{"sectionNumber":"sec.76S","sectionType":"section","heading":"Purpose of sdiv 6","content":"### sec.76S Purpose of sdiv 6\n\nThis subdivision states—\nthe penalties that are to apply to particular offences under the Planning Act ; and\nan additional requirement for persons carrying out, under the Planning Act , development in an emergency.\nSee the Planning Act , section 225 (1) for the application of provisions, of an Act other than the Planning Act , about particular matters that the Planning Act also has provisions about.\ns 76S ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 249\n- (a) the penalties that are to apply to particular offences under the Planning Act ; and\n- (b) an additional requirement for persons carrying out, under the Planning Act , development in an emergency. Note— See the Planning Act , section 225 (1) for the application of provisions, of an Act other than the Planning Act , about particular matters that the Planning Act also has provisions about.","sortOrder":160},{"sectionNumber":"sec.76T","sectionType":"section","heading":"Penalties for carrying out assessable development without permit","content":"### sec.76T Penalties for carrying out assessable development without permit\n\nThis section applies to fisheries development if it is assessable development.\nFor the Planning Act , section 163 (1) , the maximum penalty for an offence against the section is—\nfor development categorised as assessable development under a regulation made under the Planning Act that is building work in a declared fish habitat area, operational work completely or partly within a declared fish habitat area or operational work that is the removal, destruction or damage of a marine plant—3,000 penalty units; or\nfor development categorised as assessable development under a regulation made under the Planning Act that is making a material change of use of premises for aquaculture—1,665 penalty units; or\nfor development categorised as assessable development under a regulation made under the Planning Act that is operational work that is the constructing or raising of a waterway barrier works—2,000 penalty units.\ns 76T ins 2003 No. 82 s 32\namd 2006 No. 28 s 3 sch ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 250\n(sec.76T-ssec.1) This section applies to fisheries development if it is assessable development.\n(sec.76T-ssec.2) For the Planning Act , section 163 (1) , the maximum penalty for an offence against the section is— for development categorised as assessable development under a regulation made under the Planning Act that is building work in a declared fish habitat area, operational work completely or partly within a declared fish habitat area or operational work that is the removal, destruction or damage of a marine plant—3,000 penalty units; or for development categorised as assessable development under a regulation made under the Planning Act that is making a material change of use of premises for aquaculture—1,665 penalty units; or for development categorised as assessable development under a regulation made under the Planning Act that is operational work that is the constructing or raising of a waterway barrier works—2,000 penalty units.\n- (a) for development categorised as assessable development under a regulation made under the Planning Act that is building work in a declared fish habitat area, operational work completely or partly within a declared fish habitat area or operational work that is the removal, destruction or damage of a marine plant—3,000 penalty units; or\n- (b) for development categorised as assessable development under a regulation made under the Planning Act that is making a material change of use of premises for aquaculture—1,665 penalty units; or\n- (c) for development categorised as assessable development under a regulation made under the Planning Act that is operational work that is the constructing or raising of a waterway barrier works—2,000 penalty units.","sortOrder":161},{"sectionNumber":"sec.76U","sectionType":"section","heading":"Penalties for noncompliance with particular development approvals","content":"### sec.76U Penalties for noncompliance with particular development approvals\n\nThis section applies to a fisheries development approval for the construction or raising of a waterway barrier works if conditions about either or both of the following are imposed on the approval—\nthe design or construction of a fish way for the waterway barrier works;\nmonitoring or operation of a fish way.\nFor the Planning Act , section 164 , the maximum penalty for not complying with the condition is 2,000 penalty units.\ns 76U ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 251\n(sec.76U-ssec.1) This section applies to a fisheries development approval for the construction or raising of a waterway barrier works if conditions about either or both of the following are imposed on the approval— the design or construction of a fish way for the waterway barrier works; monitoring or operation of a fish way.\n(sec.76U-ssec.2) For the Planning Act , section 164 , the maximum penalty for not complying with the condition is 2,000 penalty units.\n- (a) the design or construction of a fish way for the waterway barrier works;\n- (b) monitoring or operation of a fish way.","sortOrder":162},{"sectionNumber":"sec.76V","sectionType":"section","heading":"Additional requirement for development carried out in emergency","content":"### sec.76V Additional requirement for development carried out in emergency\n\nThis section applies to a person carrying out an activity that is fisheries development if the Planning Act , section 166 (3) or (4) applies to the activity.\nFor the Planning Act , section 166 (4) (b) and (6) (a) (ii) , the person must give notice that the person has been carrying out the activity to the chief executive as soon as reasonably practicable after starting the activity.\nIn this section—\nactivity see the Planning Act , section 166 (1) .\ns 76V ins 2003 No. 82 s 32\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 252\n_____\npt 5 div 3B sdiv 1 (ss 76W–76Z) ins 2024 No. 17 s 173 (uncommenced amendment)\npt 5 div 3B sdiv 2 (ss 76ZA–76ZG) ins 2024 No. 17 s 173 (uncommenced amendment)\npt 5 div 3C sdiv 1 (ss 76ZH–76ZJ) ins 2024 No. 17 s 173 (uncommenced amendment)\npt 5 div 3C sdiv 2 (ss 76ZK–76ZL) ins 2024 No. 17 s 173 (uncommenced amendment)\npt 5 div 3C sdiv 3 (ss 76ZM–76ZR) ins 2024 No. 17 s 173 (uncommenced amendment)\n(sec.76V-ssec.1) This section applies to a person carrying out an activity that is fisheries development if the Planning Act , section 166 (3) or (4) applies to the activity.\n(sec.76V-ssec.2) For the Planning Act , section 166 (4) (b) and (6) (a) (ii) , the person must give notice that the person has been carrying out the activity to the chief executive as soon as reasonably practicable after starting the activity.\n(sec.76V-ssec.3) In this section— activity see the Planning Act , section 166 (1) .","sortOrder":163},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Fisheries offences","content":"## Fisheries offences","sortOrder":164},{"sectionNumber":"sec.77","sectionType":"section","heading":"Contravention of particular fisheries declarations","content":"### sec.77 Contravention of particular fisheries declarations\n\nA person to whom a regulated fishing apparatus declaration or regulated fishing method declaration applies must comply with the declaration.\nMaximum penalty—300 penalty units.\nA person to whom a regulated waters declaration applies must comply with the declaration.\nMaximum penalty—1,000 penalty units.\ns 77 sub 2006 No. 28 s 31\n(sec.77-ssec.1) A person to whom a regulated fishing apparatus declaration or regulated fishing method declaration applies must comply with the declaration. Maximum penalty—300 penalty units.\n(sec.77-ssec.2) A person to whom a regulated waters declaration applies must comply with the declaration. Maximum penalty—1,000 penalty units.","sortOrder":165},{"sectionNumber":"sec.77A","sectionType":"section","heading":"Exemptions for contravention of regulated fishing apparatus declaration","content":"### sec.77A Exemptions for contravention of regulated fishing apparatus declaration\n\nSection 77 (1) does not apply to the sale, purchase, use or possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is used or to be used—\nin sporting activities, other than fishing; or\nindoor cricket and school sports, other than fishing\nto protect trees or collect fruit from trees; or\nfor display or decorative purposes; or\nfor use in shopfitting or as part of a restaurant’s decor\nfor other purposes prescribed by regulation or declared by a declaration.\nSection 77 (1) does not apply to the possession of fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is stowed and secured in a boat lawfully passing through waters.\nSection 77 (1) does not apply to the possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the person possessing the apparatus—\nis a genuine maker, dealer in or repairer of fishing apparatus; or\nis a person acting for a person mentioned in paragraph (a) ; or\nis transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus.\nIn this section—\nstowed and secured has the meaning prescribed by regulation.\ns 77A ins 2006 No. 28 s 31\namd 2019 No. 6 s 49 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.77A-ssec.1) Section 77 (1) does not apply to the sale, purchase, use or possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is used or to be used— in sporting activities, other than fishing; or indoor cricket and school sports, other than fishing to protect trees or collect fruit from trees; or for display or decorative purposes; or for use in shopfitting or as part of a restaurant’s decor for other purposes prescribed by regulation or declared by a declaration.\n(sec.77A-ssec.2) Section 77 (1) does not apply to the possession of fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is stowed and secured in a boat lawfully passing through waters.\n(sec.77A-ssec.3) Section 77 (1) does not apply to the possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the person possessing the apparatus— is a genuine maker, dealer in or repairer of fishing apparatus; or is a person acting for a person mentioned in paragraph (a) ; or is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus.\n(sec.77A-ssec.4) In this section— stowed and secured has the meaning prescribed by regulation.\n- (a) in sporting activities, other than fishing; or Examples— indoor cricket and school sports, other than fishing\n- (b) to protect trees or collect fruit from trees; or\n- (c) for display or decorative purposes; or Examples— for use in shopfitting or as part of a restaurant’s decor\n- (d) for other purposes prescribed by regulation or declared by a declaration.\n- (a) is a genuine maker, dealer in or repairer of fishing apparatus; or\n- (b) is a person acting for a person mentioned in paragraph (a) ; or\n- (c) is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus.","sortOrder":166},{"sectionNumber":"sec.78","sectionType":"section","heading":"Prohibited acts about regulated fish","content":"### sec.78 Prohibited acts about regulated fish\n\nA person must not—\ntake or possess a regulated fish in contravention of a regulated fish declaration; or\nuse or sell a regulated fish taken or possessed in contravention of a regulated fish declaration.\nA person must not mutilate or disfigure a regulated fish with intent to hide the fact that it is a regulated fish.\nMaximum penalty—1,000 penalty units.\ns 78 amd 2006 No. 28 s 32 ; 2020 No. 3 s 97\n(sec.78-ssec.1) A person must not— take or possess a regulated fish in contravention of a regulated fish declaration; or use or sell a regulated fish taken or possessed in contravention of a regulated fish declaration.\n(sec.78-ssec.2) A person must not mutilate or disfigure a regulated fish with intent to hide the fact that it is a regulated fish. Maximum penalty—1,000 penalty units.\n- (a) take or possess a regulated fish in contravention of a regulated fish declaration; or\n- (b) use or sell a regulated fish taken or possessed in contravention of a regulated fish declaration.","sortOrder":167},{"sectionNumber":"sec.79","sectionType":"section","heading":"Quota offences","content":"### sec.79 Quota offences\n\nA person must not unlawfully contravene the quota entitlement for a quota authority.\nMaximum penalty—2,000 penalty units.\ns 79 sub 2019 No. 6 s 50","sortOrder":168},{"sectionNumber":"sec.79A","sectionType":"section","heading":"Contravening a condition of an authority","content":"### sec.79A Contravening a condition of an authority\n\nA person to whom a condition of an authority applies must comply with the condition.\nMaximum penalty—\nfor a contravention of a condition imposed under section 61 or 62 —100 penalty units; or\nfor a contravention of a condition imposed under section 61A —1,000 penalty units.\ns 79A ins 2006 No. 28 s 33\namd 2024 No. 17 s 145\n- (a) for a contravention of a condition imposed under section 61 or 62 —100 penalty units; or\n- (b) for a contravention of a condition imposed under section 61A —1,000 penalty units.","sortOrder":169},{"sectionNumber":"sec.80","sectionType":"section","heading":"Vessel tracking","content":"### sec.80 Vessel tracking\n\nThis section applies in relation to—\nan authority prescribed by regulation as an authority to which this section applies; and\neach boat (a relevant boat ) prescribed by regulation for the authority for this section.\nThe holder of, or another person acting under, the authority must ensure—\neach relevant boat used under the authority has approved vessel tracking equipment for the boat installed on it, in the way prescribed by regulation; and\nthe approved vessel tracking equipment is working properly during the periods prescribed by regulation.\nMaximum penalty—1,000 penalty units.\nA person must not interfere with the operation of approved vessel tracking equipment installed on a relevant boat.\nMaximum penalty—1,000 penalty units.\nA regulation may prescribe requirements that apply if the approved vessel tracking equipment installed on a relevant boat is malfunctioning during a period mentioned in subsection (2) (b) .\nIf the requirements prescribed under subsection (4) are complied with for a relevant boat on which approved vessel tracking equipment is malfunctioning, the holder or other person who is required to comply with subsection (2) (b) in relation to the boat is taken to have complied with the subsection.\nIn this section—\nmalfunction , of approved vessel tracking equipment, means a failure of the equipment—\nto work entirely; or\nto send details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment.\nworking properly , for approved vessel tracking equipment, means the equipment sends details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment.\ns 80 prev s 80 om 2006 No. 28 s 34\npres s 80 ins 2019 No. 6 s 51\n(sec.80-ssec.1) This section applies in relation to— an authority prescribed by regulation as an authority to which this section applies; and each boat (a relevant boat ) prescribed by regulation for the authority for this section.\n(sec.80-ssec.2) The holder of, or another person acting under, the authority must ensure— each relevant boat used under the authority has approved vessel tracking equipment for the boat installed on it, in the way prescribed by regulation; and the approved vessel tracking equipment is working properly during the periods prescribed by regulation. Maximum penalty—1,000 penalty units.\n(sec.80-ssec.3) A person must not interfere with the operation of approved vessel tracking equipment installed on a relevant boat. Maximum penalty—1,000 penalty units.\n(sec.80-ssec.4) A regulation may prescribe requirements that apply if the approved vessel tracking equipment installed on a relevant boat is malfunctioning during a period mentioned in subsection (2) (b) .\n(sec.80-ssec.5) If the requirements prescribed under subsection (4) are complied with for a relevant boat on which approved vessel tracking equipment is malfunctioning, the holder or other person who is required to comply with subsection (2) (b) in relation to the boat is taken to have complied with the subsection.\n(sec.80-ssec.6) In this section— malfunction , of approved vessel tracking equipment, means a failure of the equipment— to work entirely; or to send details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment. working properly , for approved vessel tracking equipment, means the equipment sends details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment.\n- (a) an authority prescribed by regulation as an authority to which this section applies; and\n- (b) each boat (a relevant boat ) prescribed by regulation for the authority for this section.\n- (a) each relevant boat used under the authority has approved vessel tracking equipment for the boat installed on it, in the way prescribed by regulation; and\n- (b) the approved vessel tracking equipment is working properly during the periods prescribed by regulation.\n- (a) to work entirely; or\n- (b) to send details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment.","sortOrder":170},{"sectionNumber":"sec.81","sectionType":"section","heading":"Use of explosives etc. prohibited","content":"### sec.81 Use of explosives etc. prohibited\n\nA person must not unlawfully—\nuse an explosive, powerhead or other explosive propelled missile, firearm or noxious substance (a restricted thing ) to take fish; or\nhave a restricted thing on board a boat—\nwith intent to take fish; or\nby which fish may be injured or destroyed; or\nuse or possess, with intent to take fish, a device that creates an electrical field in waters or on land; or\npossess fish taken by a thing mentioned in paragraph (b) ; or\npossess fish taken by a device mentioned in paragraph (c) .\nMaximum penalty—2,000 penalty units.\nSubsection (1) (a) , (b) and (d) does not apply to an activity carried out by a person if the person—\nis acting under a contract made by the chief executive for the establishment or management of the shark control program; and\nis authorised under an authority to carry out the activity.\nSubsection (1) (b) (ii) does not apply to a firearm on board a boat, or a powerhead attached to a spear gun or hand propelled spear, if the firearm or powerhead is used, or intended for use, only in defence against sharks.\ns 81 amd 2006 No. 28 s 35\n(sec.81-ssec.1) A person must not unlawfully— use an explosive, powerhead or other explosive propelled missile, firearm or noxious substance (a restricted thing ) to take fish; or have a restricted thing on board a boat— with intent to take fish; or by which fish may be injured or destroyed; or use or possess, with intent to take fish, a device that creates an electrical field in waters or on land; or possess fish taken by a thing mentioned in paragraph (b) ; or possess fish taken by a device mentioned in paragraph (c) . Maximum penalty—2,000 penalty units.\n(sec.81-ssec.2) Subsection (1) (a) , (b) and (d) does not apply to an activity carried out by a person if the person— is acting under a contract made by the chief executive for the establishment or management of the shark control program; and is authorised under an authority to carry out the activity.\n(sec.81-ssec.3) Subsection (1) (b) (ii) does not apply to a firearm on board a boat, or a powerhead attached to a spear gun or hand propelled spear, if the firearm or powerhead is used, or intended for use, only in defence against sharks.\n- (a) use an explosive, powerhead or other explosive propelled missile, firearm or noxious substance (a restricted thing ) to take fish; or\n- (b) have a restricted thing on board a boat— (i) with intent to take fish; or (ii) by which fish may be injured or destroyed; or\n- (i) with intent to take fish; or\n- (ii) by which fish may be injured or destroyed; or\n- (c) use or possess, with intent to take fish, a device that creates an electrical field in waters or on land; or\n- (d) possess fish taken by a thing mentioned in paragraph (b) ; or\n- (e) possess fish taken by a device mentioned in paragraph (c) .\n- (i) with intent to take fish; or\n- (ii) by which fish may be injured or destroyed; or\n- (a) is acting under a contract made by the chief executive for the establishment or management of the shark control program; and\n- (b) is authorised under an authority to carry out the activity.","sortOrder":171},{"sectionNumber":"sec.82","sectionType":"section","heading":"Offence to do prescribed act","content":"### sec.82 Offence to do prescribed act\n\nA person must not unlawfully do an act prescribed by regulation or declared by a declaration as an act that must only be done by the holder of an authority.\nMaximum penalty—1,000 penalty units.\ns 82 amd 2019 No. 6 ss 52 , 3 sch 1 (amdt could not be given effect)","sortOrder":172},{"sectionNumber":"sec.83","sectionType":"section","heading":"Additional penalty based on value of fish taken in trade or commerce","content":"### sec.83 Additional penalty based on value of fish taken in trade or commerce\n\nIf, having convicted a person of an offence against this Act involving the taking or possessing of fish, the court is satisfied the person took or possessed the fish in trade or commerce, it may, under this section, impose a fine of not more than 5 times the amount calculated by it to be the wholesale value of the fish when they were taken.\nThe court may impose the fine as well as imposing another fine or penalty prescribed under this or another Act .\nThe court may regard fish taken or possessed in contravention of this Act to have a wholesale value equivalent to the wholesale value of fish of the same or a similar species or type taken lawfully.\n(sec.83-ssec.1) If, having convicted a person of an offence against this Act involving the taking or possessing of fish, the court is satisfied the person took or possessed the fish in trade or commerce, it may, under this section, impose a fine of not more than 5 times the amount calculated by it to be the wholesale value of the fish when they were taken.\n(sec.83-ssec.2) The court may impose the fine as well as imposing another fine or penalty prescribed under this or another Act .\n(sec.83-ssec.3) The court may regard fish taken or possessed in contravention of this Act to have a wholesale value equivalent to the wholesale value of fish of the same or a similar species or type taken lawfully.","sortOrder":173},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2006 No. 28 s 36","sortOrder":174},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2006 No. 28 s 36","sortOrder":175},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 amd 1999 No. 45 s 23\nom 2006 No. 28 s 36","sortOrder":176},{"sectionNumber":"sec.86A","sectionType":"section","heading":null,"content":"### Section sec.86A\n\ns 86A ins 1999 No. 45 s 24\nom 2006 No. 28 s 36","sortOrder":177},{"sectionNumber":"sec.87","sectionType":"section","heading":"Interference etc. with aquaculture activity or fishing apparatus","content":"### sec.87 Interference etc. with aquaculture activity or fishing apparatus\n\nA person must not unlawfully interfere with an aquaculture activity or fishing apparatus.\nMaximum penalty—500 penalty units.\nIn this section—\ninterfere with includes—\nfor an aquaculture activity—the removal of fisheries resources, damage and destroy; and\nfor fishing apparatus—\nthe removal of fisheries resources; and\nhaul, pull, draw or reel in, or otherwise bring out of water; and\ndamage, destroy, mark, remove and trample.\ns 87 amd 2019 No. 6 s 53\n(sec.87-ssec.1) A person must not unlawfully interfere with an aquaculture activity or fishing apparatus. Maximum penalty—500 penalty units.\n(sec.87-ssec.2) In this section— interfere with includes— for an aquaculture activity—the removal of fisheries resources, damage and destroy; and for fishing apparatus— the removal of fisheries resources; and haul, pull, draw or reel in, or otherwise bring out of water; and damage, destroy, mark, remove and trample.\n- (a) for an aquaculture activity—the removal of fisheries resources, damage and destroy; and\n- (b) for fishing apparatus— (i) the removal of fisheries resources; and (ii) haul, pull, draw or reel in, or otherwise bring out of water; and (iii) damage, destroy, mark, remove and trample.\n- (i) the removal of fisheries resources; and\n- (ii) haul, pull, draw or reel in, or otherwise bring out of water; and\n- (iii) damage, destroy, mark, remove and trample.\n- (i) the removal of fisheries resources; and\n- (ii) haul, pull, draw or reel in, or otherwise bring out of water; and\n- (iii) damage, destroy, mark, remove and trample.","sortOrder":178},{"sectionNumber":"sec.88","sectionType":"section","heading":"Holder of authority to have it available for immediate inspection etc.","content":"### sec.88 Holder of authority to have it available for immediate inspection etc.\n\nThe holder of an authority must have the authority available for immediate inspection while the holder is doing anything authorised by it.\nIf anyone else is doing anything the other person is authorised to do under the authority and the holder is not present, the other person must have the authority available for immediate inspection.\nIf a number of persons in a boat are doing anything the persons are authorised to do under the authority and the holder is not present, the person in control must have the authority available for immediate inspection.\ns 88 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.88-ssec.1) The holder of an authority must have the authority available for immediate inspection while the holder is doing anything authorised by it.\n(sec.88-ssec.2) If anyone else is doing anything the other person is authorised to do under the authority and the holder is not present, the other person must have the authority available for immediate inspection.\n(sec.88-ssec.3) If a number of persons in a boat are doing anything the persons are authorised to do under the authority and the holder is not present, the person in control must have the authority available for immediate inspection.","sortOrder":179},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Possessing fish taken in contravention of other fisheries legislation","content":"### sec.88A Possessing fish taken in contravention of other fisheries legislation\n\nA person must not unlawfully possess fish knowing the fish have been taken in contravention of a law of the Commonwealth or another State about fishing, fisheries resources or fish habitats.\nMaximum penalty—1,000 penalty units.\ns 88A ins 1999 No. 45 s 25","sortOrder":180},{"sectionNumber":"sec.88B","sectionType":"section","heading":"Carrying out particular development without resource allocation authority","content":"### sec.88B Carrying out particular development without resource allocation authority\n\nThis section applies to—\nthe following development categorised as assessable development under a regulation made under the Planning Act —\nbuilding work in a declared fish habitat area;\nmaking a material change of use of premises for aquaculture;\noperational work completely or partly within a declared fish habitat area; and\ndevelopment categorised as accepted development under a regulation made under the Planning Act that is operational work that is the removal, destruction or damage of a marine plant if the removal, destruction or damage is of dead marine wood on unallocated State land for trade or commerce.\nA person must not carry out the development unless the person also holds a resource allocation authority for the development.\nMaximum penalty—\nfor development mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or\nfor development mentioned in paragraph (a) (ii) —1,665 penalty units.\nSubsection (2) does not apply to a person if—\nthe person starts development because of an emergency endangering—\nthe life or health of a person; or\nthe structural safety of a building; and\nthe person gives, as soon as practicable after starting the development, written notice of the development to the relevant person for the development; and\nthe person is not required to stop carrying out the development by an enforcement notice or order under the Planning Act .\nIn this section—\ndead marine wood means a branch or trunk that—\nis a part of a dead marine plant; or\nwas a part of a marine plant.\nrelevant person , for development, means—\nthe chief executive; and\nif the development is assessable development—the person who would be the assessment manager if a development application were made for the development.\ns 88B ins 2003 No. 82 s 33\namd 2006 No. 28 s 3 sch; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 253\nsub 2024 No. 17 s 169 (uncommenced amendment)\n_____\nss 88C–88D ins 2024 No. 17 s 169 (uncommenced amendment)\n(sec.88B-ssec.1) This section applies to— the following development categorised as assessable development under a regulation made under the Planning Act — building work in a declared fish habitat area; making a material change of use of premises for aquaculture; operational work completely or partly within a declared fish habitat area; and development categorised as accepted development under a regulation made under the Planning Act that is operational work that is the removal, destruction or damage of a marine plant if the removal, destruction or damage is of dead marine wood on unallocated State land for trade or commerce.\n(sec.88B-ssec.2) A person must not carry out the development unless the person also holds a resource allocation authority for the development. Maximum penalty— for development mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or for development mentioned in paragraph (a) (ii) —1,665 penalty units.\n(sec.88B-ssec.3) Subsection (2) does not apply to a person if— the person starts development because of an emergency endangering— the life or health of a person; or the structural safety of a building; and the person gives, as soon as practicable after starting the development, written notice of the development to the relevant person for the development; and the person is not required to stop carrying out the development by an enforcement notice or order under the Planning Act .\n(sec.88B-ssec.4) In this section— dead marine wood means a branch or trunk that— is a part of a dead marine plant; or was a part of a marine plant. relevant person , for development, means— the chief executive; and if the development is assessable development—the person who would be the assessment manager if a development application were made for the development.\n- (a) the following development categorised as assessable development under a regulation made under the Planning Act — (i) building work in a declared fish habitat area; (ii) making a material change of use of premises for aquaculture; (iii) operational work completely or partly within a declared fish habitat area; and\n- (i) building work in a declared fish habitat area;\n- (ii) making a material change of use of premises for aquaculture;\n- (iii) operational work completely or partly within a declared fish habitat area; and\n- (b) development categorised as accepted development under a regulation made under the Planning Act that is operational work that is the removal, destruction or damage of a marine plant if the removal, destruction or damage is of dead marine wood on unallocated State land for trade or commerce.\n- (i) building work in a declared fish habitat area;\n- (ii) making a material change of use of premises for aquaculture;\n- (iii) operational work completely or partly within a declared fish habitat area; and\n- (a) for development mentioned in paragraph (a) (i) or (iii) or (b)—3,000 penalty units; or\n- (b) for development mentioned in paragraph (a) (ii) —1,665 penalty units.\n- (a) the person starts development because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; and\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building; and\n- (b) the person gives, as soon as practicable after starting the development, written notice of the development to the relevant person for the development; and\n- (c) the person is not required to stop carrying out the development by an enforcement notice or order under the Planning Act .\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building; and\n- (a) is a part of a dead marine plant; or\n- (b) was a part of a marine plant.\n- (a) the chief executive; and\n- (b) if the development is assessable development—the person who would be the assessment manager if a development application were made for the development.","sortOrder":181},{"sectionNumber":"sec.89","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.89 Definitions for subdivision\n\nIn this subdivision—\ncommercial quantity , of priority fish, means the quantity of the fish, which must be at least 5 times the recreational limit or at least 5 times the weight equivalent of the recreational limit for the fish, prescribed by regulation.\nengages in a trafficking activity see section 89B .\npriority fish see section 89A .\nrecreational limit , for fish, means the maximum quantity of the fish that a recreational fisher, within the meaning of a regulation under this Act, may possess under a regulated fish declaration.\ns 89 prev s 89 om 2014 No. 7 s 534\npres s 89 ins 2019 No. 6 s 54","sortOrder":182},{"sectionNumber":"sec.89A","sectionType":"section","heading":"Meaning of priority fish","content":"### sec.89A Meaning of priority fish\n\nA priority fish is a fish of any of the following species or group of species—\nbarramundi;\nblack jewfish;\ncoral trout;\nmud crab;\nMurray cod;\nprawn;\nray;\nredthroat emperor;\nsea cucumber;\nshark;\nsnapper;\nspanish mackerel;\ntropical rock lobster;\nanother species or group of species prescribed by regulation under subsection (2) .\nThe Minister may recommend to the Governor in Council the making of a regulation to prescribe a species or group of species of fish as priority fish if the Minister is satisfied—\nthere has been—\na significant increase in contraventions of this Act relating to the taking, possessing, using or selling of the species or group; or\na significant increase in demand for the species or group that is likely to cause a significant increase in contraventions of this Act as mentioned in subparagraph (i) ; and\nprompt action is required to declare the species or group to be priority fish to prevent contraventions or further contraventions of this Act as mentioned in paragraph (a) (i) .\ns 89A ins 2019 No. 6 s 54\namd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.89A-ssec.1) A priority fish is a fish of any of the following species or group of species— barramundi; black jewfish; coral trout; mud crab; Murray cod; prawn; ray; redthroat emperor; sea cucumber; shark; snapper; spanish mackerel; tropical rock lobster; another species or group of species prescribed by regulation under subsection (2) .\n(sec.89A-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation to prescribe a species or group of species of fish as priority fish if the Minister is satisfied— there has been— a significant increase in contraventions of this Act relating to the taking, possessing, using or selling of the species or group; or a significant increase in demand for the species or group that is likely to cause a significant increase in contraventions of this Act as mentioned in subparagraph (i) ; and prompt action is required to declare the species or group to be priority fish to prevent contraventions or further contraventions of this Act as mentioned in paragraph (a) (i) .\n- (a) barramundi;\n- (b) black jewfish;\n- (c) coral trout;\n- (d) mud crab;\n- (e) Murray cod;\n- (f) prawn;\n- (g) ray;\n- (h) redthroat emperor;\n- (i) sea cucumber;\n- (j) shark;\n- (k) snapper;\n- (l) spanish mackerel;\n- (m) tropical rock lobster;\n- (n) another species or group of species prescribed by regulation under subsection (2) .\n- (a) there has been— (i) a significant increase in contraventions of this Act relating to the taking, possessing, using or selling of the species or group; or (ii) a significant increase in demand for the species or group that is likely to cause a significant increase in contraventions of this Act as mentioned in subparagraph (i) ; and\n- (i) a significant increase in contraventions of this Act relating to the taking, possessing, using or selling of the species or group; or\n- (ii) a significant increase in demand for the species or group that is likely to cause a significant increase in contraventions of this Act as mentioned in subparagraph (i) ; and\n- (b) prompt action is required to declare the species or group to be priority fish to prevent contraventions or further contraventions of this Act as mentioned in paragraph (a) (i) .\n- (i) a significant increase in contraventions of this Act relating to the taking, possessing, using or selling of the species or group; or\n- (ii) a significant increase in demand for the species or group that is likely to cause a significant increase in contraventions of this Act as mentioned in subparagraph (i) ; and","sortOrder":183},{"sectionNumber":"sec.89B","sectionType":"section","heading":"When a person engages in a trafficking activity for priority fish","content":"### sec.89B When a person engages in a trafficking activity for priority fish\n\nFor this subdivision, a person engages in a trafficking activity for a priority fish if—\na commercial quantity of the priority fish—\nhas been unlawfully taken; or\nhas been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and\nthe person knows, or ought reasonably to know, the fish was unlawfully taken, or lawfully taken but not reported, as mentioned in paragraph (a) , whether or not the person took the fish; and\nthe person does any of the following in trade or commerce—\npossesses all or some of the fish;\nprocesses all or some of the fish;\nsells all or some of the fish;\nreceives all or some of the fish from, or delivers all or some of the fish to, another person;\ntransports all or some of the fish from a place to another place;\notherwise deals with all or some of the fish;\ndoes a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .\nIn this section—\ninformation requirement means—\nan information requirement under section 118 (1) ; or\na requirement to give the chief executive information under a condition of an authority.\ns 89B ins 2019 No. 6 s 54\n(sec.89B-ssec.1) For this subdivision, a person engages in a trafficking activity for a priority fish if— a commercial quantity of the priority fish— has been unlawfully taken; or has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and the person knows, or ought reasonably to know, the fish was unlawfully taken, or lawfully taken but not reported, as mentioned in paragraph (a) , whether or not the person took the fish; and the person does any of the following in trade or commerce— possesses all or some of the fish; processes all or some of the fish; sells all or some of the fish; receives all or some of the fish from, or delivers all or some of the fish to, another person; transports all or some of the fish from a place to another place; otherwise deals with all or some of the fish; does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .\n(sec.89B-ssec.2) In this section— information requirement means— an information requirement under section 118 (1) ; or a requirement to give the chief executive information under a condition of an authority.\n- (a) a commercial quantity of the priority fish— (i) has been unlawfully taken; or (ii) has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and\n- (i) has been unlawfully taken; or\n- (ii) has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and\n- (b) the person knows, or ought reasonably to know, the fish was unlawfully taken, or lawfully taken but not reported, as mentioned in paragraph (a) , whether or not the person took the fish; and\n- (c) the person does any of the following in trade or commerce— (i) possesses all or some of the fish; (ii) processes all or some of the fish; (iii) sells all or some of the fish; (iv) receives all or some of the fish from, or delivers all or some of the fish to, another person; (v) transports all or some of the fish from a place to another place; (vi) otherwise deals with all or some of the fish; (vii) does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .\n- (i) possesses all or some of the fish;\n- (ii) processes all or some of the fish;\n- (iii) sells all or some of the fish;\n- (iv) receives all or some of the fish from, or delivers all or some of the fish to, another person;\n- (v) transports all or some of the fish from a place to another place;\n- (vi) otherwise deals with all or some of the fish;\n- (vii) does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .\n- (i) has been unlawfully taken; or\n- (ii) has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and\n- (i) possesses all or some of the fish;\n- (ii) processes all or some of the fish;\n- (iii) sells all or some of the fish;\n- (iv) receives all or some of the fish from, or delivers all or some of the fish to, another person;\n- (v) transports all or some of the fish from a place to another place;\n- (vi) otherwise deals with all or some of the fish;\n- (vii) does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .\n- (a) an information requirement under section 118 (1) ; or\n- (b) a requirement to give the chief executive information under a condition of an authority.","sortOrder":184},{"sectionNumber":"sec.89C","sectionType":"section","heading":"Offence to engage in trafficking activity for priority fish","content":"### sec.89C Offence to engage in trafficking activity for priority fish\n\nA person must not engage in a trafficking activity for a priority fish.\nMaximum penalty—\nif the person does a thing mentioned in section 89B (1) (c) in relation to a commercial quantity of the priority fish—3,000 penalty units or 3 years imprisonment; or\notherwise—1,000 penalty units.\ns 89C ins 2019 No. 6 s 54\n- (a) if the person does a thing mentioned in section 89B (1) (c) in relation to a commercial quantity of the priority fish—3,000 penalty units or 3 years imprisonment; or\n- (b) otherwise—1,000 penalty units.","sortOrder":185},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Non-indigenous fisheries resources and aquaculture fish","content":"## Non-indigenous fisheries resources and aquaculture fish","sortOrder":186},{"sectionNumber":"sec.90","sectionType":"section","heading":"Non-indigenous fisheries resources not to be released","content":"### sec.90 Non-indigenous fisheries resources not to be released\n\nA person must not unlawfully release non-indigenous fisheries resources, or cause non-indigenous fisheries resources to be placed or released, into Queensland waters.\nMaximum penalty—2,000 penalty units.\nSubsection (1) does not apply to the release or placing of non-indigenous fisheries resources into Queensland waters in the circumstances prescribed by regulation.\ns 90 amd 2005 No. 42 s 52 sch 1 ; 2006 No. 59 s 85 sch ; 2014 No. 40 s 108\nsub 2019 No. 6 s 55\n(sec.90-ssec.1) A person must not unlawfully release non-indigenous fisheries resources, or cause non-indigenous fisheries resources to be placed or released, into Queensland waters. Maximum penalty—2,000 penalty units.\n(sec.90-ssec.2) Subsection (1) does not apply to the release or placing of non-indigenous fisheries resources into Queensland waters in the circumstances prescribed by regulation.","sortOrder":187},{"sectionNumber":"sec.91","sectionType":"section","heading":"Aquaculture fisheries resources not to be released","content":"### sec.91 Aquaculture fisheries resources not to be released\n\nA person must not unlawfully release aquaculture fisheries resources, or cause aquaculture fisheries resources to be released, into Queensland waters.\nMaximum penalty—2,000 penalty units.","sortOrder":188},{"sectionNumber":"sec.92","sectionType":"section","heading":"Duty of person who unlawfully takes or possesses non-indigenous plants","content":"### sec.92 Duty of person who unlawfully takes or possesses non-indigenous plants\n\nA person who unlawfully takes or possesses a non-indigenous plant must immediately destroy it.\nMaximum penalty—2,000 penalty units.\nSubsection (1) does not apply to a non-indigenous plant prescribed by regulation.\nIn this section—\nnon-indigenous plant means a non-indigenous fisheries resource that is a plant.\ns 92 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 17 ; 2014 No. 7 s 535\nsub 2019 No. 6 s 56\n(sec.92-ssec.1) A person who unlawfully takes or possesses a non-indigenous plant must immediately destroy it. Maximum penalty—2,000 penalty units.\n(sec.92-ssec.2) Subsection (1) does not apply to a non-indigenous plant prescribed by regulation.\n(sec.92-ssec.3) In this section— non-indigenous plant means a non-indigenous fisheries resource that is a plant.","sortOrder":189},{"sectionNumber":"sec.93","sectionType":"section","heading":"Recovery of costs of removing particular fisheries resources","content":"### sec.93 Recovery of costs of removing particular fisheries resources\n\nIf a person commits an offence against this division, the costs reasonably incurred by the chief executive in taking and removing, or destroying, the fisheries resources in relation to which the offence was committed are a debt payable by the person to the chief executive.\nIf the person is convicted of an offence against this division, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the chief executive.\nSubsection (2) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 93 amd 2000 No. 26 s 13 sch 2 ; 2014 No. 7 s 536\n(sec.93-ssec.1) If a person commits an offence against this division, the costs reasonably incurred by the chief executive in taking and removing, or destroying, the fisheries resources in relation to which the offence was committed are a debt payable by the person to the chief executive.\n(sec.93-ssec.2) If the person is convicted of an offence against this division, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the chief executive.\n(sec.93-ssec.3) Subsection (2) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.","sortOrder":190},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 amd 2006 No. 28 s 37\nom 2014 No. 7 s 537","sortOrder":191},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2014 No. 7 s 537","sortOrder":192},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 amd 2002 No. 36 s 18 ; 2013 No. 39 s 110 sch 3 pt 3\nom 2014 No. 7 s 537","sortOrder":193},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2014 No. 7 s 537","sortOrder":194},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2014 No. 7 s 537","sortOrder":195},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2014 No. 7 s 537","sortOrder":196},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 om 2014 No. 7 s 537","sortOrder":197},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 om 2014 No. 7 s 537","sortOrder":198},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 amd 2002 No. 36 s 19\nom 2014 No. 7 s 537","sortOrder":199},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 om 2014 No. 7 s 537","sortOrder":200},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 om 2014 No. 7 s 537","sortOrder":201},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2014 No. 7 s 537","sortOrder":202},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2014 No. 7 s 537","sortOrder":203},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2014 No. 7 s 537","sortOrder":204},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Orders for destruction","content":"## Orders for destruction","sortOrder":205},{"sectionNumber":"sec.108","sectionType":"section","heading":"Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish","content":"### sec.108 Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish\n\nThe chief executive may order an inspector to take and remove, or destroy, fisheries resources (the relevant fisheries resources ).\nThe chief executive may make the order only if the chief executive is satisfied—\nthe relevant fisheries resources are—\nnon-indigenous fisheries resources; or\naquaculture fisheries resources; and\nthe relevant fisheries resources are a significant threat to other fisheries resources or a fish habitat; and\nit is necessary or desirable for the relevant fisheries resources to be taken and removed, or destroyed.\nThe chief executive may make the order even though other fisheries resources, plants or other property may be destroyed.\nThe inspector must take the action necessary to comply with the order.\nCompensation is payable for fisheries resources, plants or property taken and removed, or destroyed, under the order only if the chief executive decides that compensation should be payable in the circumstances of the particular case.\ns 108 amd 2000 No. 26 s 13 sch 2 ; 2014 No. 7 s 538\n(sec.108-ssec.1) The chief executive may order an inspector to take and remove, or destroy, fisheries resources (the relevant fisheries resources ).\n(sec.108-ssec.2) The chief executive may make the order only if the chief executive is satisfied— the relevant fisheries resources are— non-indigenous fisheries resources; or aquaculture fisheries resources; and the relevant fisheries resources are a significant threat to other fisheries resources or a fish habitat; and it is necessary or desirable for the relevant fisheries resources to be taken and removed, or destroyed.\n(sec.108-ssec.3) The chief executive may make the order even though other fisheries resources, plants or other property may be destroyed.\n(sec.108-ssec.4) The inspector must take the action necessary to comply with the order.\n(sec.108-ssec.5) Compensation is payable for fisheries resources, plants or property taken and removed, or destroyed, under the order only if the chief executive decides that compensation should be payable in the circumstances of the particular case.\n- (a) the relevant fisheries resources are— (i) non-indigenous fisheries resources; or (ii) aquaculture fisheries resources; and\n- (i) non-indigenous fisheries resources; or\n- (ii) aquaculture fisheries resources; and\n- (b) the relevant fisheries resources are a significant threat to other fisheries resources or a fish habitat; and\n- (c) it is necessary or desirable for the relevant fisheries resources to be taken and removed, or destroyed.\n- (i) non-indigenous fisheries resources; or\n- (ii) aquaculture fisheries resources; and","sortOrder":206},{"sectionNumber":"sec.109","sectionType":"section","heading":"Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish","content":"### sec.109 Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish\n\nIf the chief executive is satisfied there is no practicable way to take and remove, or destroy, non-indigenous fisheries resources or aquaculture fish, the chief executive may order an inspector to take the action necessary to stop or delay the fisheries resources from escaping.\nThe chief executive may make the order even though other fisheries resources, plants or other property may be destroyed.\nThe inspector must take the action necessary to comply with the order.\nCompensation is payable for fisheries resources, plants or property taken and removed, or destroyed, under the order only if the chief executive decides that compensation should be payable in the circumstances of the particular case.\ns 109 amd 2000 No. 26 s 13 sch 2 ; 2014 No. 7 s 539\n(sec.109-ssec.1) If the chief executive is satisfied there is no practicable way to take and remove, or destroy, non-indigenous fisheries resources or aquaculture fish, the chief executive may order an inspector to take the action necessary to stop or delay the fisheries resources from escaping.\n(sec.109-ssec.2) The chief executive may make the order even though other fisheries resources, plants or other property may be destroyed.\n(sec.109-ssec.3) The inspector must take the action necessary to comply with the order.\n(sec.109-ssec.4) Compensation is payable for fisheries resources, plants or property taken and removed, or destroyed, under the order only if the chief executive decides that compensation should be payable in the circumstances of the particular case.","sortOrder":207},{"sectionNumber":"sec.110","sectionType":"section","heading":"Recovery of costs of complying with order","content":"### sec.110 Recovery of costs of complying with order\n\nIf an order under this division is necessary because a person has committed an offence against this Act, the costs incurred by the chief executive in taking action reasonably necessary to comply with the order are a debt payable by the person to the chief executive.\nIf the person is convicted of an offence against this Act relevant to the order, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the chief executive.\nSubsection (2) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 110 amd 2000 No. 26 s 13 sch 2\n(sec.110-ssec.1) If an order under this division is necessary because a person has committed an offence against this Act, the costs incurred by the chief executive in taking action reasonably necessary to comply with the order are a debt payable by the person to the chief executive.\n(sec.110-ssec.2) If the person is convicted of an offence against this Act relevant to the order, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the chief executive.\n(sec.110-ssec.3) Subsection (2) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.","sortOrder":208},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":null,"content":"","sortOrder":209},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 om 2003 No. 82 s 34","sortOrder":210},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2003 No. 82 s 34","sortOrder":211},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 amd 2002 No. 49 s 37 sch\nom 2003 No. 82 s 34","sortOrder":212},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 amd 2000 No. 34 s 1145 sch 3\nom 2003 No. 82 s 34","sortOrder":213},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2003 No. 82 s 34","sortOrder":214},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 amd 2000 No. 34 s 1145 sch 3\nom 2003 No. 82 s 34","sortOrder":215},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Fisheries Fund","content":"## Fisheries Fund","sortOrder":216},{"sectionNumber":"sec.117","sectionType":"section","heading":"Fisheries Fund","content":"### sec.117 Fisheries Fund\n\nThe Fisheries Fund (the fund ) is continued in existence.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nAmounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.\nAmounts received for the fund include—\namounts paid to the department as part of the department’s departmental vote under the Financial Accountability Act 2009 and made available by the department for the fund; and\npenalties, costs and fees recovered or received by the chief executive; and\namounts received for payment into the fund; and\nother amounts recovered or received under this Act if, under a regulation, the amounts must be paid into the fund.\nAmounts in the fund must be spent for—\nscientific or other research, dissemination of information, or publication of material, for or about fisheries activities; or\nother fisheries related activities approved by the chief executive.\nIn this section—\ndepartmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nother amounts , of a department, means amounts received by the department other than amounts received for the fund.\ns 117 amd 1999 No. 29 s 50 sch ; 2000 No. 26 s 13 sch 2 ; 2009 No. 9 s 136 sch 1 ; 2011 No. 3 s 18 ; 2014 No. 33 s 119 ; 2019 No. 6 s 58\n(sec.117-ssec.1) The Fisheries Fund (the fund ) is continued in existence.\n(sec.117-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.117-ssec.3) Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.\n(sec.117-ssec.4) Amounts received for the fund include— amounts paid to the department as part of the department’s departmental vote under the Financial Accountability Act 2009 and made available by the department for the fund; and penalties, costs and fees recovered or received by the chief executive; and amounts received for payment into the fund; and other amounts recovered or received under this Act if, under a regulation, the amounts must be paid into the fund.\n(sec.117-ssec.5) Amounts in the fund must be spent for— scientific or other research, dissemination of information, or publication of material, for or about fisheries activities; or other fisheries related activities approved by the chief executive.\n(sec.117-ssec.6) In this section— departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts , of a department, means amounts received by the department other than amounts received for the fund.\n- (a) amounts paid to the department as part of the department’s departmental vote under the Financial Accountability Act 2009 and made available by the department for the fund; and\n- (b) penalties, costs and fees recovered or received by the chief executive; and\n- (c) amounts received for payment into the fund; and\n- (d) other amounts recovered or received under this Act if, under a regulation, the amounts must be paid into the fund.\n- (a) scientific or other research, dissemination of information, or publication of material, for or about fisheries activities; or\n- (b) other fisheries related activities approved by the chief executive.","sortOrder":217},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"General","content":"## General","sortOrder":218},{"sectionNumber":"sec.118","sectionType":"section","heading":"Information requirements","content":"### sec.118 Information requirements\n\nA regulation or declaration, a condition of an authority, or the chief executive by written notice, may require (an information requirement ) a person to—\nobtain and keep for stated periods, in the approved form, stated documents or information (the required information ) about a fisheries matter; or\ngive the chief executive or another stated person documents or information mentioned in paragraph (a) (also the required information ), in writing or in another stated way, or at stated intervals or times.\nif the person of whom the requirement is made is a buyer of fisheries resources, the person who sold them to the buyer\nby a telephonic automated interactive voice response system\nby the approved vessel tracking equipment for a boat\nby recording the information on the department’s website\nby using an electronic logbook provided by the chief executive\nHowever, an information requirement may apply to or be made of a person only if the required information relates to the person, or could reasonably be expected to relate to the person.\nTo remove any doubt, it is declared that, subject to subsection (2) , subsection (1) is capable of applying to a person whether or not the person performs activities by way of fishing or other activities.\nA person to whom an information requirement applies, or of whom an information requirement has been made, must comply with the requirement unless, in the circumstances, the person could not reasonably have been expected to have, or to be able to obtain, the required information.\nMaximum penalty—\n1,000 penalty units if—\nthe required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or\nthe person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or\notherwise—500 penalty units.\nIn a proceeding for an offence against subsection (4) , it is not necessary for the prosecution to prove that a person failed to comply with the information requirement at a particular time if it is proved that—\nthe documents or information kept by the person for a particular period are incomplete in a material particular; and\nthe incompleteness has, or can only have, resulted from the contravention of the information requirement during that period.\nIn this section—\nfisheries matter means—\naquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or\ntrade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or\nthe effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources.\ns 118 amd 2000 No. 26 s 13 sch 2\nsub 2002 No. 49 s 18\namd 2003 No. 82 s 35\nsub 2006 No. 28 s 38\namd 2019 No. 6 s 59 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.118-ssec.1) A regulation or declaration, a condition of an authority, or the chief executive by written notice, may require (an information requirement ) a person to— obtain and keep for stated periods, in the approved form, stated documents or information (the required information ) about a fisheries matter; or give the chief executive or another stated person documents or information mentioned in paragraph (a) (also the required information ), in writing or in another stated way, or at stated intervals or times. if the person of whom the requirement is made is a buyer of fisheries resources, the person who sold them to the buyer by a telephonic automated interactive voice response system by the approved vessel tracking equipment for a boat by recording the information on the department’s website by using an electronic logbook provided by the chief executive\n(sec.118-ssec.2) However, an information requirement may apply to or be made of a person only if the required information relates to the person, or could reasonably be expected to relate to the person.\n(sec.118-ssec.3) To remove any doubt, it is declared that, subject to subsection (2) , subsection (1) is capable of applying to a person whether or not the person performs activities by way of fishing or other activities.\n(sec.118-ssec.4) A person to whom an information requirement applies, or of whom an information requirement has been made, must comply with the requirement unless, in the circumstances, the person could not reasonably have been expected to have, or to be able to obtain, the required information. Maximum penalty— 1,000 penalty units if— the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or otherwise—500 penalty units.\n(sec.118-ssec.5) In a proceeding for an offence against subsection (4) , it is not necessary for the prosecution to prove that a person failed to comply with the information requirement at a particular time if it is proved that— the documents or information kept by the person for a particular period are incomplete in a material particular; and the incompleteness has, or can only have, resulted from the contravention of the information requirement during that period.\n(sec.118-ssec.6) In this section— fisheries matter means— aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or trade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or the effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources.\n- (a) obtain and keep for stated periods, in the approved form, stated documents or information (the required information ) about a fisheries matter; or\n- (b) give the chief executive or another stated person documents or information mentioned in paragraph (a) (also the required information ), in writing or in another stated way, or at stated intervals or times. Example of another stated person— if the person of whom the requirement is made is a buyer of fisheries resources, the person who sold them to the buyer Examples of another stated way— • by a telephonic automated interactive voice response system • by the approved vessel tracking equipment for a boat • by recording the information on the department’s website • by using an electronic logbook provided by the chief executive\n- • by a telephonic automated interactive voice response system\n- • by the approved vessel tracking equipment for a boat\n- • by recording the information on the department’s website\n- • by using an electronic logbook provided by the chief executive\n- • by a telephonic automated interactive voice response system\n- • by the approved vessel tracking equipment for a boat\n- • by recording the information on the department’s website\n- • by using an electronic logbook provided by the chief executive\n- (a) 1,000 penalty units if— (i) the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or (ii) the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or\n- (i) the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or\n- (ii) the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or\n- (b) otherwise—500 penalty units.\n- (i) the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or\n- (ii) the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or\n- (a) the documents or information kept by the person for a particular period are incomplete in a material particular; and\n- (b) the incompleteness has, or can only have, resulted from the contravention of the information requirement during that period.\n- (a) aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or\n- (b) trade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or\n- (c) the effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources.","sortOrder":219},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 amd 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 36\nom 2019 No. 6 s 60","sortOrder":220},{"sectionNumber":"pt.6","sectionType":"part","heading":"Protection and conservation of fish habitats","content":"# Protection and conservation of fish habitats","sortOrder":221},{"sectionNumber":"sec.120","sectionType":"section","heading":"Declaration of fish habitat areas","content":"### sec.120 Declaration of fish habitat areas\n\nAn area may be declared under a regulation to be a fish habitat area.","sortOrder":222},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 om 2001 No. 23 s 18","sortOrder":223},{"sectionNumber":"sec.122","sectionType":"section","heading":"Protection of fisheries resources in declared fish habitat area","content":"### sec.122 Protection of fisheries resources in declared fish habitat area\n\nA person must not unlawfully perform, or cause to be performed, works or related activity in a declared fish habitat area.\nMaximum penalty—3,000 penalty units.","sortOrder":224},{"sectionNumber":"sec.123","sectionType":"section","heading":"Protection of marine plants","content":"### sec.123 Protection of marine plants\n\nA person must not unlawfully—\nremove, destroy or damage a marine plant; or\ncause a marine plant to be removed, destroyed or damaged.\nMaximum penalty—3,000 penalty units.\nremoving seagrass from a beach or foreshore\nburning saltcouch\npruning or trimming mangroves\ns 123 sub 1999 No. 45 s 26\n- (a) remove, destroy or damage a marine plant; or\n- (b) cause a marine plant to be removed, destroyed or damaged.","sortOrder":225},{"sectionNumber":"sec.124","sectionType":"section","heading":"Chief executive may rehabilitate or restore land etc.","content":"### sec.124 Chief executive may rehabilitate or restore land etc.\n\nThe chief executive may take the action reasonably necessary to rehabilitate or restore land, waters, marine plants or a declared fish habitat area if—\nthe land, waters, marine plants or fish habitat area has been removed, destroyed or damaged; and\nthe chief executive reasonably believes the removal, destruction or damage was caused by an act or omission that constituted a failure to comply with any of the following—\nthis Act or the Planning Act , so far as it relates to fisheries development;\na former Act ;\nthe repealed Fisheries Act 1957 ;\na condition of an authority or a fisheries development approval.\nThe costs reasonably incurred by the chief executive in rehabilitating or restoring the land, waters, marine plants or declared fish habitat area are a debt payable by the person who caused the removal, destruction or damage to the State.\nIf the person is convicted of an offence against this Act constituted by the removal, destruction or damage, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State.\nSubsection (3) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 124 amd 2001 No. 23 s 19 ; 2003 No. 82 s 37\n(sec.124-ssec.1) The chief executive may take the action reasonably necessary to rehabilitate or restore land, waters, marine plants or a declared fish habitat area if— the land, waters, marine plants or fish habitat area has been removed, destroyed or damaged; and the chief executive reasonably believes the removal, destruction or damage was caused by an act or omission that constituted a failure to comply with any of the following— this Act or the Planning Act , so far as it relates to fisheries development; a former Act ; the repealed Fisheries Act 1957 ; a condition of an authority or a fisheries development approval.\n(sec.124-ssec.2) The costs reasonably incurred by the chief executive in rehabilitating or restoring the land, waters, marine plants or declared fish habitat area are a debt payable by the person who caused the removal, destruction or damage to the State.\n(sec.124-ssec.3) If the person is convicted of an offence against this Act constituted by the removal, destruction or damage, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State.\n(sec.124-ssec.4) Subsection (3) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n- (a) the land, waters, marine plants or fish habitat area has been removed, destroyed or damaged; and\n- (b) the chief executive reasonably believes the removal, destruction or damage was caused by an act or omission that constituted a failure to comply with any of the following— (i) this Act or the Planning Act , so far as it relates to fisheries development; (ii) a former Act ; (iii) the repealed Fisheries Act 1957 ; (iv) a condition of an authority or a fisheries development approval.\n- (i) this Act or the Planning Act , so far as it relates to fisheries development;\n- (ii) a former Act ;\n- (iii) the repealed Fisheries Act 1957 ;\n- (iv) a condition of an authority or a fisheries development approval.\n- (i) this Act or the Planning Act , so far as it relates to fisheries development;\n- (ii) a former Act ;\n- (iii) the repealed Fisheries Act 1957 ;\n- (iv) a condition of an authority or a fisheries development approval.","sortOrder":226},{"sectionNumber":"sec.125","sectionType":"section","heading":"Notice to restore fish habitat etc.","content":"### sec.125 Notice to restore fish habitat etc.\n\nThis section applies if—\nlitter, soil, a noxious substance, refuse or other matter (the polluting matter ) is on land, in waters, on marine plants or in a fish habitat; and\nit appears to the chief executive—\nthat the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or\nthat the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or\nthat the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or\nthat circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources.\nThe chief executive may, by written notice, require the person who the chief executive suspects on reasonable grounds is responsible for the presence of the polluting matter to take specified action about the polluting matter within the time and in the way (if any) specified in the notice.\nThe person must comply with the notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—2,000 penalty units.\nIf the person does not comply with the notice, the chief executive may take action on any land or in any waters that the chief executive considers reasonably necessary to ensure that the matters mentioned in 1 or more of the subparagraphs of subsection (1) (b) are achieved.\nTo enable action to be taken under subsection (4) , the chief executive may authorise persons, with or without vehicles, machinery, plant and equipment to enter and stay on any land or in any waters.\nThe costs reasonably incurred by the chief executive in taking action under subsection (4) are a debt payable by the person to the State.\nIf the person is convicted of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State.\nSubsection (7) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 125 amd 2019 No. 6 s 3 sch 1\n(sec.125-ssec.1) This section applies if— litter, soil, a noxious substance, refuse or other matter (the polluting matter ) is on land, in waters, on marine plants or in a fish habitat; and it appears to the chief executive— that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources.\n(sec.125-ssec.2) The chief executive may, by written notice, require the person who the chief executive suspects on reasonable grounds is responsible for the presence of the polluting matter to take specified action about the polluting matter within the time and in the way (if any) specified in the notice.\n(sec.125-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—2,000 penalty units.\n(sec.125-ssec.4) If the person does not comply with the notice, the chief executive may take action on any land or in any waters that the chief executive considers reasonably necessary to ensure that the matters mentioned in 1 or more of the subparagraphs of subsection (1) (b) are achieved.\n(sec.125-ssec.5) To enable action to be taken under subsection (4) , the chief executive may authorise persons, with or without vehicles, machinery, plant and equipment to enter and stay on any land or in any waters.\n(sec.125-ssec.6) The costs reasonably incurred by the chief executive in taking action under subsection (4) are a debt payable by the person to the State.\n(sec.125-ssec.7) If the person is convicted of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State.\n(sec.125-ssec.8) Subsection (7) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n- (a) litter, soil, a noxious substance, refuse or other matter (the polluting matter ) is on land, in waters, on marine plants or in a fish habitat; and\n- (b) it appears to the chief executive— (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or (iii) that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or (iv) that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources.\n- (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or\n- (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or\n- (iii) that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or\n- (iv) that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources.\n- (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or\n- (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or\n- (iii) that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or\n- (iv) that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources.","sortOrder":227},{"sectionNumber":"sec.125A","sectionType":"section","heading":"Codes of practice","content":"### sec.125A Codes of practice\n\nThe chief executive may make a code of practice for a declared fish habitat area.\nA code of practice may, for example, state ways that persons may carry out activities in the declared fish habitat area in compliance with this Act.\nIn preparing a code of practice, the chief executive must take reasonable steps to engage in consultation about the code with persons the chief executive considers appropriate.\nindustry representatives, relevant experts and key stakeholders\nThe chief executive must—\npublish a copy of each code of practice on the department’s website; and\nkeep a copy of each code of practice available for inspection at the department’s head office.\ns 125A ins 2019 No. 6 s 61\n(sec.125A-ssec.1) The chief executive may make a code of practice for a declared fish habitat area.\n(sec.125A-ssec.2) A code of practice may, for example, state ways that persons may carry out activities in the declared fish habitat area in compliance with this Act.\n(sec.125A-ssec.3) In preparing a code of practice, the chief executive must take reasonable steps to engage in consultation about the code with persons the chief executive considers appropriate. industry representatives, relevant experts and key stakeholders\n(sec.125A-ssec.4) The chief executive must— publish a copy of each code of practice on the department’s website; and keep a copy of each code of practice available for inspection at the department’s head office.\n- (a) publish a copy of each code of practice on the department’s website; and\n- (b) keep a copy of each code of practice available for inspection at the department’s head office.","sortOrder":228},{"sectionNumber":"pt.7","sectionType":"part","heading":"Commonwealth–State management of fisheries","content":"# Commonwealth–State management of fisheries","sortOrder":229},{"sectionNumber":"sec.126","sectionType":"section","heading":"Functions and powers of Minister","content":"### sec.126 Functions and powers of Minister\n\nThe Minister may perform a function and exercise a power conferred on the Minister by the Commonwealth Fisheries Act , including a function or power of the Minister as a member of a Joint Authority.\nIf, in the exercise of the power conferred on the Minister by the Commonwealth Fisheries Act , the Minister appoints a deputy, the deputy may perform the functions and exercise the powers conferred by that Act on the deputy of the Minister as a member of a Joint Authority.\n(sec.126-ssec.1) The Minister may perform a function and exercise a power conferred on the Minister by the Commonwealth Fisheries Act , including a function or power of the Minister as a member of a Joint Authority.\n(sec.126-ssec.2) If, in the exercise of the power conferred on the Minister by the Commonwealth Fisheries Act , the Minister appoints a deputy, the deputy may perform the functions and exercise the powers conferred by that Act on the deputy of the Minister as a member of a Joint Authority.","sortOrder":230},{"sectionNumber":"sec.127","sectionType":"section","heading":"Minister to table reports of Joint Authorities","content":"### sec.127 Minister to table reports of Joint Authorities\n\nThe Minister must table in the Legislative Assembly a copy of each report of a Joint Authority prepared under the Commonwealth Fisheries Act as soon as practicable after the report is received by the Minister.","sortOrder":231},{"sectionNumber":"sec.128","sectionType":"section","heading":"Judicial notice","content":"### sec.128 Judicial notice\n\nJudicial notice must be taken of the signature of a person who is or has been a member of a Joint Authority, or a deputy of a member of a Joint Authority, and of the fact that the person is, or was at the particular time, a member of a Joint Authority or a deputy of a member of a Joint Authority.","sortOrder":232},{"sectionNumber":"sec.129","sectionType":"section","heading":"Functions of Joint Authorities","content":"### sec.129 Functions of Joint Authorities\n\nA Joint Authority has the functions conferred on it by this Act or the Commonwealth Fisheries Act .","sortOrder":233},{"sectionNumber":"sec.130","sectionType":"section","heading":"Delegation","content":"### sec.130 Delegation\n\nA Joint Authority may delegate its powers to—\nthe chief executive, a local government or an entity prescribed by regulation (a prescribed entity ); or\nan officer or employee of the public service; or\nan officer, employee or member of a local government or prescribed entity; or\nan officer or employee of the Commonwealth or another State.\nA delegation of a power to the chief executive, a local government, a prescribed entity, or an officer or employee of the Commonwealth or another State, may permit the subdelegation of the power.\ns 130 amd 2000 No. 26 s 13 sch 2 ; 2019 No. 6 s 3 sch 1\n(sec.130-ssec.1) A Joint Authority may delegate its powers to— the chief executive, a local government or an entity prescribed by regulation (a prescribed entity ); or an officer or employee of the public service; or an officer, employee or member of a local government or prescribed entity; or an officer or employee of the Commonwealth or another State.\n(sec.130-ssec.2) A delegation of a power to the chief executive, a local government, a prescribed entity, or an officer or employee of the Commonwealth or another State, may permit the subdelegation of the power.\n- (a) the chief executive, a local government or an entity prescribed by regulation (a prescribed entity ); or\n- (b) an officer or employee of the public service; or\n- (c) an officer, employee or member of a local government or prescribed entity; or\n- (d) an officer or employee of the Commonwealth or another State.","sortOrder":234},{"sectionNumber":"sec.131","sectionType":"section","heading":"Proceedings of Joint Authorities","content":"### sec.131 Proceedings of Joint Authorities\n\nA Joint Authority is to conduct its meetings and other proceedings in accordance with the Commonwealth Fisheries Act .\nA written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or the Commonwealth Minister’s deputy, who took part in or made the decision is evidence that the decision, as recorded, was properly made and recorded.\nIn a legal proceeding, a document signed for a Joint Authority by a member of the Joint Authority is taken to have been properly executed by the Joint Authority and, unless the contrary is proved, is taken to accord with a decision of the Joint Authority.\n(sec.131-ssec.1) A Joint Authority is to conduct its meetings and other proceedings in accordance with the Commonwealth Fisheries Act .\n(sec.131-ssec.2) A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or the Commonwealth Minister’s deputy, who took part in or made the decision is evidence that the decision, as recorded, was properly made and recorded.\n(sec.131-ssec.3) In a legal proceeding, a document signed for a Joint Authority by a member of the Joint Authority is taken to have been properly executed by the Joint Authority and, unless the contrary is proved, is taken to accord with a decision of the Joint Authority.","sortOrder":235},{"sectionNumber":"sec.132","sectionType":"section","heading":"Making of Joint Authority and other Commonwealth–State arrangements","content":"### sec.132 Making of Joint Authority and other Commonwealth–State arrangements\n\nThe State may make an arrangement under part 5 of the Commonwealth Fisheries Act for the management of a particular fishery, whether or not a Joint Authority is to have the management of a fishery under the arrangement.\nTo remove any doubt, the arrangement is a statutory instrument to which the Acts Interpretation Act 1954 , section 17 applies under the Statutory Instruments Act 1992 , section 14 .\ns 132 amd 2004 No. 53 s 2 sch\n(sec.132-ssec.1) The State may make an arrangement under part 5 of the Commonwealth Fisheries Act for the management of a particular fishery, whether or not a Joint Authority is to have the management of a fishery under the arrangement.\n(sec.132-ssec.2) To remove any doubt, the arrangement is a statutory instrument to which the Acts Interpretation Act 1954 , section 17 applies under the Statutory Instruments Act 1992 , section 14 .","sortOrder":236},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Variation of Commonwealth–State arrangements","content":"### sec.132A Variation of Commonwealth–State arrangements\n\nA Commonwealth–State arrangement may be varied in the way provided for under the Commonwealth Fisheries Act .\ns 132A ins 2006 No. 28 s 39","sortOrder":237},{"sectionNumber":"sec.133","sectionType":"section","heading":"Ending of Commonwealth–State arrangements","content":"### sec.133 Ending of Commonwealth–State arrangements\n\nA Commonwealth–State arrangement for a fishery may be ended under the Commonwealth Fisheries Act .\nOn the ending of the arrangement, all authorities issued, and regulations and declarations made, for the fishery expire.\ns 133 amd 2019 No. 6 s 3 sch 1\n(sec.133-ssec.1) A Commonwealth–State arrangement for a fishery may be ended under the Commonwealth Fisheries Act .\n(sec.133-ssec.2) On the ending of the arrangement, all authorities issued, and regulations and declarations made, for the fishery expire.","sortOrder":238},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application of Queensland law to fisheries","content":"### sec.134 Application of Queensland law to fisheries\n\nIf, under a Commonwealth–State arrangement, a fishery is to be managed under Queensland law, Queensland law applies to the fishery.\nDespite subsection (1) , Queensland law does not apply to foreign boats, operations on or from foreign boats, or persons on foreign boats, or to matters happening before the arrangement commenced to which Commonwealth law applies.\n(sec.134-ssec.1) If, under a Commonwealth–State arrangement, a fishery is to be managed under Queensland law, Queensland law applies to the fishery.\n(sec.134-ssec.2) Despite subsection (1) , Queensland law does not apply to foreign boats, operations on or from foreign boats, or persons on foreign boats, or to matters happening before the arrangement commenced to which Commonwealth law applies.","sortOrder":239},{"sectionNumber":"sec.135","sectionType":"section","heading":"Additional functions of Joint Authority for fishery under Queensland law","content":"### sec.135 Additional functions of Joint Authority for fishery under Queensland law\n\nIf, under a Joint Authority arrangement, a fishery is to be managed by a Joint Authority under Queensland law, the Joint Authority has the following additional functions—\nkeeping constantly under consideration the fishery’s condition;\nformulating policies and plans for the fishery’s management;\nexercising for the fishery’s management powers conferred on the Joint Authority under this Act;\ncooperating and consulting with other entities on issues of common interest.\n- (a) keeping constantly under consideration the fishery’s condition;\n- (b) formulating policies and plans for the fishery’s management;\n- (c) exercising for the fishery’s management powers conferred on the Joint Authority under this Act;\n- (d) cooperating and consulting with other entities on issues of common interest.","sortOrder":240},{"sectionNumber":"sec.136","sectionType":"section","heading":"Exercise of powers for Joint Authority fishery under Queensland law","content":"### sec.136 Exercise of powers for Joint Authority fishery under Queensland law\n\nThis section applies to a Joint Authority fishery managed under Queensland law.\nAn authority authorises something to be done in or to the fishery only if it is issued under this section.\nThe Joint Authority for the fishery has, to the exclusion of the chief executive, all the chief executive’s functions and powers for the fishery.\nThis Act and other laws apply to the Joint Authority as if, for the fishery, it were the chief executive.\nOn the fishery becoming a Joint Authority fishery, but subject to any regulation made under this part, all regulations, declarations and authorities applying to the fishery stop applying to the fishery.\nAn authority issued by the Joint Authority must contain a condition limiting it to fisheries managed by the Joint Authority.\nThe Joint Authority may endorse an authority (including an authority issued by the Joint Authority or another Joint Authority within the meaning of the Commonwealth Fisheries Act ) to extend its operation to activities over which the Joint Authority has powers under this Act.\nIf the endorsement mentioned in subsection (7) is made—\nthe endorsement ends if the authority ends; and\nthe Joint Authority may suspend or cancel the endorsement under this Act as if it were an authority issued by it.\nThis section does not allow the Joint Authority to issue, or take other action about, an authority for a foreign boat.\ns 136 amd 2002 No. 49 s 19 ; 2019 No. 6 s 3 sch 1\n(sec.136-ssec.1) This section applies to a Joint Authority fishery managed under Queensland law.\n(sec.136-ssec.2) An authority authorises something to be done in or to the fishery only if it is issued under this section.\n(sec.136-ssec.3) The Joint Authority for the fishery has, to the exclusion of the chief executive, all the chief executive’s functions and powers for the fishery.\n(sec.136-ssec.4) This Act and other laws apply to the Joint Authority as if, for the fishery, it were the chief executive.\n(sec.136-ssec.5) On the fishery becoming a Joint Authority fishery, but subject to any regulation made under this part, all regulations, declarations and authorities applying to the fishery stop applying to the fishery.\n(sec.136-ssec.6) An authority issued by the Joint Authority must contain a condition limiting it to fisheries managed by the Joint Authority.\n(sec.136-ssec.7) The Joint Authority may endorse an authority (including an authority issued by the Joint Authority or another Joint Authority within the meaning of the Commonwealth Fisheries Act ) to extend its operation to activities over which the Joint Authority has powers under this Act.\n(sec.136-ssec.8) If the endorsement mentioned in subsection (7) is made— the endorsement ends if the authority ends; and the Joint Authority may suspend or cancel the endorsement under this Act as if it were an authority issued by it.\n(sec.136-ssec.9) This section does not allow the Joint Authority to issue, or take other action about, an authority for a foreign boat.\n- (a) the endorsement ends if the authority ends; and\n- (b) the Joint Authority may suspend or cancel the endorsement under this Act as if it were an authority issued by it.","sortOrder":241},{"sectionNumber":"sec.137","sectionType":"section","heading":"Application of provisions about offences","content":"### sec.137 Application of provisions about offences\n\nThe provisions of this Act about offences, the enforcement of offences and proceedings for offences apply—\nto anything done in, or about, a Commonwealth–State fishery (the cooperative fishery ) managed under Queensland law; and\nas if—\na reference in this Act to an authority were a reference to an authority, or an endorsement of an authority, issued or made under this part for the cooperative fishery; and\na reference in this Act to a fishery were a reference to the cooperative fishery.\n- (a) to anything done in, or about, a Commonwealth–State fishery (the cooperative fishery ) managed under Queensland law; and\n- (b) as if— (i) a reference in this Act to an authority were a reference to an authority, or an endorsement of an authority, issued or made under this part for the cooperative fishery; and (ii) a reference in this Act to a fishery were a reference to the cooperative fishery.\n- (i) a reference in this Act to an authority were a reference to an authority, or an endorsement of an authority, issued or made under this part for the cooperative fishery; and\n- (ii) a reference in this Act to a fishery were a reference to the cooperative fishery.\n- (i) a reference in this Act to an authority were a reference to an authority, or an endorsement of an authority, issued or made under this part for the cooperative fishery; and\n- (ii) a reference in this Act to a fishery were a reference to the cooperative fishery.","sortOrder":242},{"sectionNumber":"sec.138","sectionType":"section","heading":"Presumption about certain statements in arrangements","content":"### sec.138 Presumption about certain statements in arrangements\n\nA statement in a Commonwealth–State arrangement must be presumed to be correct if it is to the effect that—\nfor an arrangement to which the Commonwealth and Queensland are the only parties—stated waters are waters relevant to Queensland; and\nin any other case—stated waters are waters adjacent to the States that are parties to the arrangement or are waters relevant to a stated State or States.\nA word or expression used in subsection (1) and the Commonwealth Fisheries Act has the same meaning in subsection (1) as it has in the Commonwealth Fisheries Act .\n(sec.138-ssec.1) A statement in a Commonwealth–State arrangement must be presumed to be correct if it is to the effect that— for an arrangement to which the Commonwealth and Queensland are the only parties—stated waters are waters relevant to Queensland; and in any other case—stated waters are waters adjacent to the States that are parties to the arrangement or are waters relevant to a stated State or States.\n(sec.138-ssec.2) A word or expression used in subsection (1) and the Commonwealth Fisheries Act has the same meaning in subsection (1) as it has in the Commonwealth Fisheries Act .\n- (a) for an arrangement to which the Commonwealth and Queensland are the only parties—stated waters are waters relevant to Queensland; and\n- (b) in any other case—stated waters are waters adjacent to the States that are parties to the arrangement or are waters relevant to a stated State or States.","sortOrder":243},{"sectionNumber":"sec.139","sectionType":"section","heading":"Instruments for Commonwealth–State fisheries under Queensland law","content":"### sec.139 Instruments for Commonwealth–State fisheries under Queensland law\n\nIf, under a Commonwealth–State arrangement, a Commonwealth–State fishery is to be managed under Queensland law, a regulation may be made about any matter—\nrequired or permitted by this Act to be prescribed for a fishery or its management; or\nnecessary or convenient to be prescribed for carrying out or giving effect to, or enabling the carrying out or giving effect to, decisions made under the arrangement; or\nif the fishery is a Joint Authority fishery—necessary or convenient to be prescribed for carrying out or giving effect to, or enabling the carrying out or giving effect to, decisions of the fishery’s Joint Authority about the fishery or its management.\nSubsection (1) does not limit the Statutory Instruments Act 1992 , section 22 .\nIf an issue is to be decided about whether a regulation or declaration makes provision about a matter for a purpose mentioned in subsection (1) (b) or (c) , it must be presumed that it makes provision for the purpose in the absence of evidence to the contrary.\ns 139 amd 2019 No. 6 s 3 sch 1\n(sec.139-ssec.1) If, under a Commonwealth–State arrangement, a Commonwealth–State fishery is to be managed under Queensland law, a regulation may be made about any matter— required or permitted by this Act to be prescribed for a fishery or its management; or necessary or convenient to be prescribed for carrying out or giving effect to, or enabling the carrying out or giving effect to, decisions made under the arrangement; or if the fishery is a Joint Authority fishery—necessary or convenient to be prescribed for carrying out or giving effect to, or enabling the carrying out or giving effect to, decisions of the fishery’s Joint Authority about the fishery or its management.\n(sec.139-ssec.2) Subsection (1) does not limit the Statutory Instruments Act 1992 , section 22 .\n(sec.139-ssec.3) If an issue is to be decided about whether a regulation or declaration makes provision about a matter for a purpose mentioned in subsection (1) (b) or (c) , it must be presumed that it makes provision for the purpose in the absence of evidence to the contrary.\n- (a) required or permitted by this Act to be prescribed for a fishery or its management; or\n- (b) necessary or convenient to be prescribed for carrying out or giving effect to, or enabling the carrying out or giving effect to, decisions made under the arrangement; or\n- (c) if the fishery is a Joint Authority fishery—necessary or convenient to be prescribed for carrying out or giving effect to, or enabling the carrying out or giving effect to, decisions of the fishery’s Joint Authority about the fishery or its management.","sortOrder":244},{"sectionNumber":"pt.8","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":245},{"sectionNumber":"pt.8-div.1A","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":246},{"sectionNumber":"sec.139A","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.139A Reference to document includes reference to reproductions from electronic document\n\nA reference in this part to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\ns 139A ins 2019 No. 6 s 4\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":247},{"sectionNumber":"sec.139B","sectionType":"section","heading":"References to thing and seized thing","content":"### sec.139B References to thing and seized thing\n\nGenerally, in this part, a reference to a thing is a reference to any thing, including, for example—\na chemical; and\na computer; and\na container; and\nthe contents of a container; and\na document; and\nfisheries resources; and\nfishing apparatus; and\na GPS plotter; and\na mobile telephone.\nAlso, a reference in this part to a thing that may be, or is, seized includes—\na reference to a boat that may be, or is, seized under this part; and\na reference to a vehicle that may be, or is, seized under this part.\ns 139B ins 2024 No. 17 s 146\n(sec.139B-ssec.1) Generally, in this part, a reference to a thing is a reference to any thing, including, for example— a chemical; and a computer; and a container; and the contents of a container; and a document; and fisheries resources; and fishing apparatus; and a GPS plotter; and a mobile telephone.\n(sec.139B-ssec.2) Also, a reference in this part to a thing that may be, or is, seized includes— a reference to a boat that may be, or is, seized under this part; and a reference to a vehicle that may be, or is, seized under this part.\n- (a) a chemical; and\n- (b) a computer; and\n- (c) a container; and\n- (d) the contents of a container; and\n- (e) a document; and\n- (f) fisheries resources; and\n- (g) fishing apparatus; and\n- (h) a GPS plotter; and\n- (i) a mobile telephone.\n- (a) a reference to a boat that may be, or is, seized under this part; and\n- (b) a reference to a vehicle that may be, or is, seized under this part.","sortOrder":248},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":249},{"sectionNumber":"sec.140","sectionType":"section","heading":"Appointment","content":"### sec.140 Appointment\n\nThe chief executive may appoint any of the following persons as inspectors—\nemployees of the department;\nofficers of the public service;\npolice officers;\nother persons prescribed by regulation.\nThe chief executive may appoint a person (other than a police officer) as an inspector only if—\nin the chief executive’s opinion, the person has the necessary expertise or experience to be an inspector; or\nthe person has satisfactorily finished training approved by the chief executive.\ns 140 amd 2000 No. 26 s 13 sch 2 ; 2019 No. 6 s 3 sch 1\n(sec.140-ssec.1) The chief executive may appoint any of the following persons as inspectors— employees of the department; officers of the public service; police officers; other persons prescribed by regulation.\n(sec.140-ssec.2) The chief executive may appoint a person (other than a police officer) as an inspector only if— in the chief executive’s opinion, the person has the necessary expertise or experience to be an inspector; or the person has satisfactorily finished training approved by the chief executive.\n- (a) employees of the department;\n- (b) officers of the public service;\n- (c) police officers;\n- (d) other persons prescribed by regulation.\n- (a) in the chief executive’s opinion, the person has the necessary expertise or experience to be an inspector; or\n- (b) the person has satisfactorily finished training approved by the chief executive.","sortOrder":250},{"sectionNumber":"sec.140A","sectionType":"section","heading":"Functions of inspectors","content":"### sec.140A Functions of inspectors\n\nAn inspector has the function of conducting investigations and inspections—\nto monitor and enforce compliance with—\nthis Act; and\nthe Biosecurity Act 2014 , so far as it relates to fisheries resources or fish habitats; and\nthe Planning Act , so far as it relates to fisheries development; and\nto facilitate the administration of this Act, including, for example, by helping the chief executive perform the chief executive’s functions under this Act.\ns 140A ins 2003 No. 82 s 38\namd 2019 No. 6 s 5\n- (a) to monitor and enforce compliance with— (i) this Act; and (ii) the Biosecurity Act 2014 , so far as it relates to fisheries resources or fish habitats; and (iii) the Planning Act , so far as it relates to fisheries development; and\n- (i) this Act; and\n- (ii) the Biosecurity Act 2014 , so far as it relates to fisheries resources or fish habitats; and\n- (iii) the Planning Act , so far as it relates to fisheries development; and\n- (b) to facilitate the administration of this Act, including, for example, by helping the chief executive perform the chief executive’s functions under this Act.\n- (i) this Act; and\n- (ii) the Biosecurity Act 2014 , so far as it relates to fisheries resources or fish habitats; and\n- (iii) the Planning Act , so far as it relates to fisheries development; and","sortOrder":251},{"sectionNumber":"sec.141","sectionType":"section","heading":"Limitation of inspector’s powers","content":"### sec.141 Limitation of inspector’s powers\n\nThe powers of an inspector may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice of the chief executive given to the inspector.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice of the chief executive given to the inspector.","sortOrder":252},{"sectionNumber":"sec.142","sectionType":"section","heading":"Inspector’s conditions of appointment","content":"### sec.142 Inspector’s conditions of appointment\n\nAn inspector holds office on the conditions specified in the instrument of appointment.\nAn inspector—\nif the appointment provides for a term of appointment—ceases holding office at the end of the term; and\nmay resign by signed notice of resignation given to the chief executive; and\nif the conditions of appointment provide—ceases holding office as an inspector on ceasing to hold another office stated in the conditions of appointment.\n(sec.142-ssec.1) An inspector holds office on the conditions specified in the instrument of appointment.\n(sec.142-ssec.2) An inspector— if the appointment provides for a term of appointment—ceases holding office at the end of the term; and may resign by signed notice of resignation given to the chief executive; and if the conditions of appointment provide—ceases holding office as an inspector on ceasing to hold another office stated in the conditions of appointment.\n- (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and\n- (b) may resign by signed notice of resignation given to the chief executive; and\n- (c) if the conditions of appointment provide—ceases holding office as an inspector on ceasing to hold another office stated in the conditions of appointment.","sortOrder":253},{"sectionNumber":"sec.143","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.143 Inspector’s identity card\n\nThe chief executive must give each inspector an identity card.\nThe identity card must—\ncontain a recent photograph of the inspector; and\nbe in an approved form; and\nbe signed by the inspector; and\nidentify the person as an inspector under this Act.\nA person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it.\nMaximum penalty—80 penalty units.\nThis section does not apply to an inspector who is a police officer.\ns 143 amd 2002 No. 49 s 37 sch\n(sec.143-ssec.1) The chief executive must give each inspector an identity card.\n(sec.143-ssec.2) The identity card must— contain a recent photograph of the inspector; and be in an approved form; and be signed by the inspector; and identify the person as an inspector under this Act.\n(sec.143-ssec.3) A person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty—80 penalty units.\n(sec.143-ssec.4) This section does not apply to an inspector who is a police officer.\n- (a) contain a recent photograph of the inspector; and\n- (b) be in an approved form; and\n- (c) be signed by the inspector; and\n- (d) identify the person as an inspector under this Act.","sortOrder":254},{"sectionNumber":"sec.144","sectionType":"section","heading":"Production or display of inspector’s identity card","content":"### sec.144 Production or display of inspector’s identity card\n\nThis section does not apply to a police officer.\nAn inspector may exercise a power under this Act in relation to a person only if—\nthe inspector first produces the inspector’s identity card for inspection by the person; or\nthe inspector has the inspector’s identity card displayed so that it is clearly visible to the person.\nHowever, if for any reason, it is not practicable to comply with subsection (2) , the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.\nFor subsection (2) , an inspector does not exercise a power in relation to another person only because the inspector has entered a place as mentioned in section 145 (1) (b) .\nFailure to comply with this section does not affect the validity of the exercise of a power under this Act.\ns 144 amd 1996 No. 13 s 16 ; 2000 No. 5 s 373 sch 2 ; 2002 No. 49 s 37 sch ; 2019 No. 6 s 6\n(sec.144-ssec.1) This section does not apply to a police officer.\n(sec.144-ssec.2) An inspector may exercise a power under this Act in relation to a person only if— the inspector first produces the inspector’s identity card for inspection by the person; or the inspector has the inspector’s identity card displayed so that it is clearly visible to the person.\n(sec.144-ssec.3) However, if for any reason, it is not practicable to comply with subsection (2) , the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sec.144-ssec.4) For subsection (2) , an inspector does not exercise a power in relation to another person only because the inspector has entered a place as mentioned in section 145 (1) (b) .\n(sec.144-ssec.5) Failure to comply with this section does not affect the validity of the exercise of a power under this Act.\n- (a) the inspector first produces the inspector’s identity card for inspection by the person; or\n- (b) the inspector has the inspector’s identity card displayed so that it is clearly visible to the person.","sortOrder":255},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"General powers of inspectors for places, boats and vehicles","content":"## General powers of inspectors for places, boats and vehicles","sortOrder":256},{"sectionNumber":"sec.145","sectionType":"section","heading":"Entry to places","content":"### sec.145 Entry to places\n\nAn inspector may enter a place if—\nits occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or\nit is a public place and the entry is made when it is open to the public; or\nit is mentioned in an authority, a fisheries development approval or an accepted development requirement as a place of business, or another place, required to be open for inspection and the entry is made when the place is—\nopen for the conduct of business or otherwise open for entry; or\nrequired under the authority, approval or accepted development requirement to be open for inspection; or\nthe entry is permitted by a warrant; or\nthe entry is necessary to take action the inspector is required or authorised to take under—\nan order under this Act for the taking and removal, or destruction, of fisheries resources; or\nThis order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish).\nan order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or\nThis order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish).\nit is premises used for trade or commerce and the entry is made under section 145A .\nAn inspector may also enter a place if—\nthe place is not within a city or town under the Local Government Act 2009 ; and\nthe place is not the site or curtilage of a building or other structure used for residential purposes; and\nthe purpose of the entry is to gain access, by a direct reasonable route, to a body of water.\nIn addition, an inspector may enter on, and pass along, the beds, banks or borders of a body of water.\ns 145 amd 2003 No. 82 s 39 ; 2009 No. 17 s 331 sch 1 ; 2014 No. 7 s 540 ; 2016 No. 27 s 254 ; 2019 No. 6 ss 7, 3 sch 1\n(sec.145-ssec.1) An inspector may enter a place if— its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or it is a public place and the entry is made when it is open to the public; or it is mentioned in an authority, a fisheries development approval or an accepted development requirement as a place of business, or another place, required to be open for inspection and the entry is made when the place is— open for the conduct of business or otherwise open for entry; or required under the authority, approval or accepted development requirement to be open for inspection; or the entry is permitted by a warrant; or the entry is necessary to take action the inspector is required or authorised to take under— an order under this Act for the taking and removal, or destruction, of fisheries resources; or This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish). it is premises used for trade or commerce and the entry is made under section 145A .\n(sec.145-ssec.2) An inspector may also enter a place if— the place is not within a city or town under the Local Government Act 2009 ; and the place is not the site or curtilage of a building or other structure used for residential purposes; and the purpose of the entry is to gain access, by a direct reasonable route, to a body of water.\n(sec.145-ssec.3) In addition, an inspector may enter on, and pass along, the beds, banks or borders of a body of water.\n- (a) its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) it is mentioned in an authority, a fisheries development approval or an accepted development requirement as a place of business, or another place, required to be open for inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (ii) required under the authority, approval or accepted development requirement to be open for inspection; or\n- (i) open for the conduct of business or otherwise open for entry; or\n- (ii) required under the authority, approval or accepted development requirement to be open for inspection; or\n- (d) the entry is permitted by a warrant; or\n- (e) the entry is necessary to take action the inspector is required or authorised to take under— (i) an order under this Act for the taking and removal, or destruction, of fisheries resources; or Note— This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). (ii) an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or Note— This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish).\n- (i) an order under this Act for the taking and removal, or destruction, of fisheries resources; or Note— This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish).\n- (ii) an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or Note— This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish).\n- (f) it is premises used for trade or commerce and the entry is made under section 145A .\n- (i) open for the conduct of business or otherwise open for entry; or\n- (ii) required under the authority, approval or accepted development requirement to be open for inspection; or\n- (i) an order under this Act for the taking and removal, or destruction, of fisheries resources; or Note— This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish).\n- (ii) an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or Note— This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish).\n- (a) the place is not within a city or town under the Local Government Act 2009 ; and\n- (b) the place is not the site or curtilage of a building or other structure used for residential purposes; and\n- (c) the purpose of the entry is to gain access, by a direct reasonable route, to a body of water.","sortOrder":257},{"sectionNumber":"sec.145A","sectionType":"section","heading":"Entry of premises used for trade or commerce","content":"### sec.145A Entry of premises used for trade or commerce\n\nAn inspector may enter premises used for trade or commerce to find out whether this Act is being complied with if—\nthe trade or commerce relates to fisheries resources; and\nany of the following applies—\nthe occupier of the premises is present;\na person other than the occupier of the premises is present and conducting activities for the trade or commerce;\nthe premises are otherwise open for entry; and\nthe inspector—\nis wearing a body-worn camera that is working; or\nif the body-worn camera is not working—has activated an alternative device to record images or sound, or both, for the period of the entry.\nBefore entering premises under subsection (1) , the inspector must give the occupier of the premises at least 20 days notice of the entry unless the giving of notice would defeat the purpose of the entry.\ns 145A ins 2019 No. 6 s 8\n(sec.145A-ssec.1) An inspector may enter premises used for trade or commerce to find out whether this Act is being complied with if— the trade or commerce relates to fisheries resources; and any of the following applies— the occupier of the premises is present; a person other than the occupier of the premises is present and conducting activities for the trade or commerce; the premises are otherwise open for entry; and the inspector— is wearing a body-worn camera that is working; or if the body-worn camera is not working—has activated an alternative device to record images or sound, or both, for the period of the entry.\n(sec.145A-ssec.2) Before entering premises under subsection (1) , the inspector must give the occupier of the premises at least 20 days notice of the entry unless the giving of notice would defeat the purpose of the entry.\n- (a) the trade or commerce relates to fisheries resources; and\n- (b) any of the following applies— (i) the occupier of the premises is present; (ii) a person other than the occupier of the premises is present and conducting activities for the trade or commerce; (iii) the premises are otherwise open for entry; and\n- (i) the occupier of the premises is present;\n- (ii) a person other than the occupier of the premises is present and conducting activities for the trade or commerce;\n- (iii) the premises are otherwise open for entry; and\n- (c) the inspector— (i) is wearing a body-worn camera that is working; or (ii) if the body-worn camera is not working—has activated an alternative device to record images or sound, or both, for the period of the entry.\n- (i) is wearing a body-worn camera that is working; or\n- (ii) if the body-worn camera is not working—has activated an alternative device to record images or sound, or both, for the period of the entry.\n- (i) the occupier of the premises is present;\n- (ii) a person other than the occupier of the premises is present and conducting activities for the trade or commerce;\n- (iii) the premises are otherwise open for entry; and\n- (i) is wearing a body-worn camera that is working; or\n- (ii) if the body-worn camera is not working—has activated an alternative device to record images or sound, or both, for the period of the entry.","sortOrder":258},{"sectionNumber":"sec.146","sectionType":"section","heading":"Boarding of boats and entry of vehicles generally","content":"### sec.146 Boarding of boats and entry of vehicles generally\n\nAn inspector may board a boat or enter a vehicle if the boarding or entry—\nis made with the consent of the owner or person in control of the boat or vehicle; or\nis permitted by a warrant; or\nis made under subsection (2) , (3) or (5) .\nAn inspector may board a boat to find out whether this Act is being complied with.\nAn inspector may enter a vehicle to find out whether this Act is being complied with if the inspector believes, on reasonable grounds, the vehicle—\nis being, or has just been, used in connection with a fishing activity; or\ncontains fish being transported for sale or another commercial purpose.\nSubsection (3) does not apply to—\na caravan; or\nanother vehicle used, or reasonably expected to be used, predominantly for residential purposes, including for temporary periods.\nAn inspector may board a boat or enter a vehicle if the inspector suspects, on reasonable grounds—\nthe boat or vehicle is being, or has been, used in the commission of an offence against this Act; or\nthe boat or vehicle, or a thing in the boat or vehicle, may provide evidence of the commission of an offence against this Act.\nIn this section—\nfishing activity means—\ntaking fish; or\npurchasing, selling, possessing or using fishing apparatus regulated under a regulated fishing apparatus declaration.\ns 146 sub 2019 No. 6 s 9\namd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.146-ssec.1) An inspector may board a boat or enter a vehicle if the boarding or entry— is made with the consent of the owner or person in control of the boat or vehicle; or is permitted by a warrant; or is made under subsection (2) , (3) or (5) .\n(sec.146-ssec.2) An inspector may board a boat to find out whether this Act is being complied with.\n(sec.146-ssec.3) An inspector may enter a vehicle to find out whether this Act is being complied with if the inspector believes, on reasonable grounds, the vehicle— is being, or has just been, used in connection with a fishing activity; or contains fish being transported for sale or another commercial purpose.\n(sec.146-ssec.4) Subsection (3) does not apply to— a caravan; or another vehicle used, or reasonably expected to be used, predominantly for residential purposes, including for temporary periods.\n(sec.146-ssec.5) An inspector may board a boat or enter a vehicle if the inspector suspects, on reasonable grounds— the boat or vehicle is being, or has been, used in the commission of an offence against this Act; or the boat or vehicle, or a thing in the boat or vehicle, may provide evidence of the commission of an offence against this Act.\n(sec.146-ssec.6) In this section— fishing activity means— taking fish; or purchasing, selling, possessing or using fishing apparatus regulated under a regulated fishing apparatus declaration.\n- (a) is made with the consent of the owner or person in control of the boat or vehicle; or\n- (b) is permitted by a warrant; or\n- (c) is made under subsection (2) , (3) or (5) .\n- (a) is being, or has just been, used in connection with a fishing activity; or\n- (b) contains fish being transported for sale or another commercial purpose.\n- (a) a caravan; or\n- (b) another vehicle used, or reasonably expected to be used, predominantly for residential purposes, including for temporary periods.\n- (a) the boat or vehicle is being, or has been, used in the commission of an offence against this Act; or\n- (b) the boat or vehicle, or a thing in the boat or vehicle, may provide evidence of the commission of an offence against this Act.\n- (a) taking fish; or\n- (b) purchasing, selling, possessing or using fishing apparatus regulated under a regulated fishing apparatus declaration.","sortOrder":259},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Exercise of power to board boat or enter vehicle","content":"### sec.146A Exercise of power to board boat or enter vehicle\n\nThis section applies to an inspector who may board a boat or enter a vehicle under this division.\nThe inspector may board an unattended boat or enter an unattended vehicle only if, before boarding the boat or entering the vehicle, the inspector takes reasonable steps to advise the owner or person in control of the boat or vehicle of the inspector’s intention to board the boat or enter the vehicle.\nHowever, the inspector may enter a secured part of an unattended boat or unattended vehicle only if the owner or person in control of the boat or vehicle consents to the entry or the entry is permitted by a warrant.\nIf the inspector considers it would be more appropriate in the circumstances to do so, the inspector may decide not to board a boat or enter a vehicle and exercise powers under this part from immediately alongside or outside of the boat or vehicle.\nAn inspector who acts under subsection (4) is taken to have boarded the boat or entered the vehicle for the exercise of powers under this part.\ns 146A ins 2019 No. 6 s 9\n(sec.146A-ssec.1) This section applies to an inspector who may board a boat or enter a vehicle under this division.\n(sec.146A-ssec.2) The inspector may board an unattended boat or enter an unattended vehicle only if, before boarding the boat or entering the vehicle, the inspector takes reasonable steps to advise the owner or person in control of the boat or vehicle of the inspector’s intention to board the boat or enter the vehicle.\n(sec.146A-ssec.3) However, the inspector may enter a secured part of an unattended boat or unattended vehicle only if the owner or person in control of the boat or vehicle consents to the entry or the entry is permitted by a warrant.\n(sec.146A-ssec.4) If the inspector considers it would be more appropriate in the circumstances to do so, the inspector may decide not to board a boat or enter a vehicle and exercise powers under this part from immediately alongside or outside of the boat or vehicle.\n(sec.146A-ssec.5) An inspector who acts under subsection (4) is taken to have boarded the boat or entered the vehicle for the exercise of powers under this part.","sortOrder":260},{"sectionNumber":"sec.147","sectionType":"section","heading":"Boarding of boat, or entry of vehicle, that is moving or about to move","content":"### sec.147 Boarding of boat, or entry of vehicle, that is moving or about to move\n\nThis section applies if an inspector intends to board a boat or enter a vehicle under this division, including a boat that is being carried or towed by a vehicle.\nIf the boat or vehicle is moving or about to move, the inspector may signal the person in control of the boat or vehicle to stop the boat or vehicle or not to move it.\nTo enable the boat to be boarded or vehicle to be entered, the inspector may—\nact with necessary and reasonable help and force; and\nrequire the person in control of the boat or vehicle to give reasonable help to the inspector.\nA person must obey a signal under subsection (2) , unless the person has a reasonable excuse for disobeying it.\nMaximum penalty—200 penalty units.\nA person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for a person to disobey a signal under subsection (2) if—\nthe person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the boat or vehicle; and\nthe person obeys the signal as soon as it is practicable to obey it.\n(sec.147-ssec.1) This section applies if an inspector intends to board a boat or enter a vehicle under this division, including a boat that is being carried or towed by a vehicle.\n(sec.147-ssec.2) If the boat or vehicle is moving or about to move, the inspector may signal the person in control of the boat or vehicle to stop the boat or vehicle or not to move it.\n(sec.147-ssec.3) To enable the boat to be boarded or vehicle to be entered, the inspector may— act with necessary and reasonable help and force; and require the person in control of the boat or vehicle to give reasonable help to the inspector.\n(sec.147-ssec.4) A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for disobeying it. Maximum penalty—200 penalty units.\n(sec.147-ssec.5) A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—200 penalty units.\n(sec.147-ssec.6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the boat or vehicle; and the person obeys the signal as soon as it is practicable to obey it.\n- (a) act with necessary and reasonable help and force; and\n- (b) require the person in control of the boat or vehicle to give reasonable help to the inspector.\n- (a) the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the boat or vehicle; and\n- (b) the person obeys the signal as soon as it is practicable to obey it.","sortOrder":261},{"sectionNumber":"sec.148","sectionType":"section","heading":"Warrants","content":"### sec.148 Warrants\n\nAn inspector may apply to a magistrate for a warrant for a place, boat or vehicle.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and\nthe evidence is, or may be within the next 7 days, in the place, boat or vehicle.\nThe warrant must state—\na stated inspector or any inspector may, with necessary and reasonable help and force, enter the place, board the boat or enter the vehicle, and exercise the inspector’s powers under this Act; and\nthe evidence for which the warrant is issued; and\nthe hours of the day when entry may be made; and\nthe day (within 14 days after the warrant’s issue) when the warrant ends.\ns 148 amd 2019 No. 6 s 10 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.148-ssec.1) An inspector may apply to a magistrate for a warrant for a place, boat or vehicle.\n(sec.148-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.148-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.148-ssec.4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and the evidence is, or may be within the next 7 days, in the place, boat or vehicle.\n(sec.148-ssec.5) The warrant must state— a stated inspector or any inspector may, with necessary and reasonable help and force, enter the place, board the boat or enter the vehicle, and exercise the inspector’s powers under this Act; and the evidence for which the warrant is issued; and the hours of the day when entry may be made; and the day (within 14 days after the warrant’s issue) when the warrant ends. s 148 amd 2019 No. 6 s 10 ; 2024 No. 17 s 192 s ch 1 pt 1\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and\n- (b) the evidence is, or may be within the next 7 days, in the place, boat or vehicle.\n- (a) a stated inspector or any inspector may, with necessary and reasonable help and force, enter the place, board the boat or enter the vehicle, and exercise the inspector’s powers under this Act; and\n- (b) the evidence for which the warrant is issued; and\n- (c) the hours of the day when entry may be made; and\n- (d) the day (within 14 days after the warrant’s issue) when the warrant ends.","sortOrder":262},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Monitoring warrants for abalone or commercial fish","content":"### sec.148A Monitoring warrants for abalone or commercial fish\n\nAn inspector may apply to a magistrate for a warrant under this section for a place, other than a place, or part of a place used exclusively as a person’s residence, if the inspector is reasonably satisfied—\nabalone or commercial fish are in the place; and\nit is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nThe magistrate may issue the warrant only if the magistrate is satisfied it is reasonably necessary that the inspector or another inspector should have access to the place for the purpose of finding out whether this Act is being complied with in relation to abalone or commercial fish.\nThe warrant must state—\nthat an inspector may, with necessary and reasonable help and force—\nenter, and from time to time re-enter, the place; and\nexercise an inspector’s powers under this part; and\nthe purpose for which the warrant is sought; and\nthe hours of the day or night when the place may be entered; and\nany conditions imposed by the magistrate; and\nthe date, within 2 months after the warrant’s issue, the warrant ends.\nThe magistrate may limit the number of times an inspector may enter the place while the warrant is in force.\nThe magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\nIn this section—\ncommercial fish means fish taken or possessed in trade or commerce.\ns 148A ins 1999 No. 45 s 27\namd 2019 No. 6 s 11 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.148A-ssec.1) An inspector may apply to a magistrate for a warrant under this section for a place, other than a place, or part of a place used exclusively as a person’s residence, if the inspector is reasonably satisfied— abalone or commercial fish are in the place; and it is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish.\n(sec.148A-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.148A-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.148A-ssec.4) The magistrate may issue the warrant only if the magistrate is satisfied it is reasonably necessary that the inspector or another inspector should have access to the place for the purpose of finding out whether this Act is being complied with in relation to abalone or commercial fish.\n(sec.148A-ssec.5) The warrant must state— that an inspector may, with necessary and reasonable help and force— enter, and from time to time re-enter, the place; and exercise an inspector’s powers under this part; and the purpose for which the warrant is sought; and the hours of the day or night when the place may be entered; and any conditions imposed by the magistrate; and the date, within 2 months after the warrant’s issue, the warrant ends. The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\n(sec.148A-ssec.6) In this section— commercial fish means fish taken or possessed in trade or commerce.\n- (a) abalone or commercial fish are in the place; and\n- (b) it is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish.\n- (a) that an inspector may, with necessary and reasonable help and force— (i) enter, and from time to time re-enter, the place; and (ii) exercise an inspector’s powers under this part; and\n- (i) enter, and from time to time re-enter, the place; and\n- (ii) exercise an inspector’s powers under this part; and\n- (b) the purpose for which the warrant is sought; and\n- (c) the hours of the day or night when the place may be entered; and\n- (d) any conditions imposed by the magistrate; and\n- (e) the date, within 2 months after the warrant’s issue, the warrant ends. Examples for paragraph (d) — 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\n- 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force.\n- 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\n- (i) enter, and from time to time re-enter, the place; and\n- (ii) exercise an inspector’s powers under this part; and\n- 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force.\n- 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.","sortOrder":263},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Monitoring warrants for marine plants or fish habitat","content":"### sec.148B Monitoring warrants for marine plants or fish habitat\n\nAn inspector may apply to a magistrate for a warrant under this section for a place, other than a place or part of a place used exclusively as a person’s residence, if the inspector is satisfied—\nthe place is a part of a direct reasonable route for gaining access to a body of water; and\nthe body of water—\nincludes marine plants or fish habitat; or\nhas just been or is about to be used for a fishing activity; and\nit is necessary for an inspector to access the body of water to find out if this Act is being complied with in relation to the marine plants or fish habitat or the fishing activity.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application unless the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nThe magistrate may issue the warrant only if the magistrate is satisfied—\nit is reasonably necessary that the inspector or another inspector should have access to the body of water to find out if this Act is being complied with in relation to marine plants or fish habitat or a fishing activity; and\nthe place is a part of a direct reasonable route for gaining access to the body of water.\nThe warrant must state—\nthat an inspector may, with necessary and reasonable help and force—\nenter, and from time to time re-enter, the place; and\nexercise an inspector’s powers under this part; and\nthe purpose for which the warrant is sought; and\nthe hours of the day or night when the place may be entered; and\nany conditions imposed by the magistrate; and\nThe magistrate may limit the number of times an inspector may enter the place while the warrant is in force.\nThe magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\nthe date, within 2 months after the warrant’s issue, the warrant ends.\nIn this section—\nfishing activity means—\ntaking, possessing or using fisheries resources; or\npossessing or using fishing apparatus or aquaculture furniture.\ns 148 B ins 2019 No. 6 s 12\n(sec.148B-ssec.1) An inspector may apply to a magistrate for a warrant under this section for a place, other than a place or part of a place used exclusively as a person’s residence, if the inspector is satisfied— the place is a part of a direct reasonable route for gaining access to a body of water; and the body of water— includes marine plants or fish habitat; or has just been or is about to be used for a fishing activity; and it is necessary for an inspector to access the body of water to find out if this Act is being complied with in relation to the marine plants or fish habitat or the fishing activity.\n(sec.148B-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.148B-ssec.3) The magistrate may refuse to consider the application unless the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.148B-ssec.4) The magistrate may issue the warrant only if the magistrate is satisfied— it is reasonably necessary that the inspector or another inspector should have access to the body of water to find out if this Act is being complied with in relation to marine plants or fish habitat or a fishing activity; and the place is a part of a direct reasonable route for gaining access to the body of water.\n(sec.148B-ssec.5) The warrant must state— that an inspector may, with necessary and reasonable help and force— enter, and from time to time re-enter, the place; and exercise an inspector’s powers under this part; and the purpose for which the warrant is sought; and the hours of the day or night when the place may be entered; and any conditions imposed by the magistrate; and The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant. the date, within 2 months after the warrant’s issue, the warrant ends.\n(sec.148B-ssec.6) In this section— fishing activity means— taking, possessing or using fisheries resources; or possessing or using fishing apparatus or aquaculture furniture.\n- (a) the place is a part of a direct reasonable route for gaining access to a body of water; and\n- (b) the body of water— (i) includes marine plants or fish habitat; or (ii) has just been or is about to be used for a fishing activity; and\n- (i) includes marine plants or fish habitat; or\n- (ii) has just been or is about to be used for a fishing activity; and\n- (c) it is necessary for an inspector to access the body of water to find out if this Act is being complied with in relation to the marine plants or fish habitat or the fishing activity.\n- (i) includes marine plants or fish habitat; or\n- (ii) has just been or is about to be used for a fishing activity; and\n- (a) it is reasonably necessary that the inspector or another inspector should have access to the body of water to find out if this Act is being complied with in relation to marine plants or fish habitat or a fishing activity; and\n- (b) the place is a part of a direct reasonable route for gaining access to the body of water.\n- (a) that an inspector may, with necessary and reasonable help and force— (i) enter, and from time to time re-enter, the place; and (ii) exercise an inspector’s powers under this part; and\n- (i) enter, and from time to time re-enter, the place; and\n- (ii) exercise an inspector’s powers under this part; and\n- (b) the purpose for which the warrant is sought; and\n- (c) the hours of the day or night when the place may be entered; and\n- (d) any conditions imposed by the magistrate; and Examples of conditions— 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\n- 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force.\n- 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\n- (e) the date, within 2 months after the warrant’s issue, the warrant ends.\n- (i) enter, and from time to time re-enter, the place; and\n- (ii) exercise an inspector’s powers under this part; and\n- 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force.\n- 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.\n- (a) taking, possessing or using fisheries resources; or\n- (b) possessing or using fishing apparatus or aquaculture furniture.","sortOrder":264},{"sectionNumber":"sec.149","sectionType":"section","heading":"Electronic application","content":"### sec.149 Electronic application\n\nAn application under section 148 , 148A or 148B may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nThe application—\nmay not be made before the inspector prepares the written application under section 148 , 148A or 148B ; but\nmay be made before the written application is sworn.\ns 149 sub 2019 No. 6 s 13\n(sec.149-ssec.1) An application under section 148 , 148A or 148B may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.149-ssec.2) The application— may not be made before the inspector prepares the written application under section 148 , 148A or 148B ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) may not be made before the inspector prepares the written application under section 148 , 148A or 148B ; but\n- (b) may be made before the written application is sworn.","sortOrder":265},{"sectionNumber":"sec.149A","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.149A Additional procedure if electronic application\n\nFor an application made under section 149 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 149 ; and\nthe way the application was made under section 149 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\notherwise—\nthe magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and\nthe inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 148 , 148A or 148B ; and\nif the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 148 , 148A or 148B .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .\ns 149A ins 2019 No. 6 s 13\n(sec.149A-ssec.1) For an application made under section 149 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 149 ; and the way the application was made under section 149 was appropriate.\n(sec.149A-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n(sec.149A-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.149A-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 148 , 148A or 148B ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.149A-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.149A-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.149A-ssec.7) This section does not limit section 148 , 148A or 148B .\n(sec.149A-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 149 ; and\n- (b) the way the application was made under section 149 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\n- (b) otherwise— (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (a) the written application complying with section 148 , 148A or 148B ; and\n- (b) if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":266},{"sectionNumber":"sec.149B","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.149B Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this division;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 149A (3) .\ns 149B ins 2019 No. 6 s 13\n(sec.149B-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this division; unless the defect affects the substance of the warrant in a material particular.\n(sec.149B-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 149A (3) .\n- (a) the warrant; or\n- (b) compliance with this division;","sortOrder":267},{"sectionNumber":"sec.150","sectionType":"section","heading":"Inspector’s general powers for places, boats and vehicles","content":"### sec.150 Inspector’s general powers for places, boats and vehicles\n\nAn inspector who enters a place, boards a boat or enters a vehicle under this Act may—\nsearch any part of the place, boat or vehicle; or\nexamine, inspect, test, photograph or film anything in the place, boat or vehicle; or\nmark or seal a container or other thing in the place, boat or vehicle; or\nopen a container if the inspector considers it is necessary for exercising a power; or\ntake samples of or from anything in the place, boat or vehicle; or\ntake extracts from, or make copies of, a document in the place, boat or vehicle; or\nproduce an image or writing from an electronic document in the place, boat or vehicle, or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document—\na thing containing an electronic document;\nan article or device reasonably capable of producing an electronic document; or\ntake into or onto the place, boat or vehicle any persons, equipment and materials the inspector reasonably requires for exercising a power in relation to the place, boat or vehicle; or\nrequire a person in the place, boat or vehicle, or the occupier of the place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (h) ; or\nif the inspector boards a boat or enters a vehicle—by written notice given to the person in control of the boat or vehicle, require the person—\nto take the boat or vehicle to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of the boat or vehicle in the place for a reasonable time;\nto enable the inspector to exercise the powers mentioned in paragraphs (a) to (h) ; or\nif the inspector boards a boat or enters a vehicle—require the person in control of boat or vehicle to accompany the inspector to enable the inspector to comply with subsection (5) .\nIf an inspector takes from the place, boat or vehicle a thing, article or device for producing an image or writing from an electronic document, the inspector must produce the image or writing from the document and return the thing, article or device to the place, boat or vehicle as soon as practicable.\nIf, for any reason, it is not practicable to make a requirement under subsection (1) (j) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\nNothing in this section prevents an inspector making a further requirement under subsection (1) (j) of the same person or another person in relation to the same boat or vehicle, if it is necessary and reasonable to make the further requirement.\nThe inspector must not enter a part of a boat or vehicle used only as a living area, or exercise a power under subsection (1) (a) to (h) in relation to that part, unless the inspector is accompanied by the person in control of the boat or vehicle.\nSubsection (5) does not apply if the person in control of the boat or vehicle is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection.\ns 150 amd 2019 No. 6 s 14 ; 2024 No. 17 s 192 s ch 1 pts 1 , 3\n(sec.150-ssec.1) An inspector who enters a place, boards a boat or enters a vehicle under this Act may— search any part of the place, boat or vehicle; or examine, inspect, test, photograph or film anything in the place, boat or vehicle; or mark or seal a container or other thing in the place, boat or vehicle; or open a container if the inspector considers it is necessary for exercising a power; or take samples of or from anything in the place, boat or vehicle; or take extracts from, or make copies of, a document in the place, boat or vehicle; or produce an image or writing from an electronic document in the place, boat or vehicle, or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document— a thing containing an electronic document; an article or device reasonably capable of producing an electronic document; or take into or onto the place, boat or vehicle any persons, equipment and materials the inspector reasonably requires for exercising a power in relation to the place, boat or vehicle; or require a person in the place, boat or vehicle, or the occupier of the place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (h) ; or if the inspector boards a boat or enters a vehicle—by written notice given to the person in control of the boat or vehicle, require the person— to take the boat or vehicle to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of the boat or vehicle in the place for a reasonable time; to enable the inspector to exercise the powers mentioned in paragraphs (a) to (h) ; or if the inspector boards a boat or enters a vehicle—require the person in control of boat or vehicle to accompany the inspector to enable the inspector to comply with subsection (5) .\n(sec.150-ssec.2) If an inspector takes from the place, boat or vehicle a thing, article or device for producing an image or writing from an electronic document, the inspector must produce the image or writing from the document and return the thing, article or device to the place, boat or vehicle as soon as practicable.\n(sec.150-ssec.3) If, for any reason, it is not practicable to make a requirement under subsection (1) (j) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\n(sec.150-ssec.4) Nothing in this section prevents an inspector making a further requirement under subsection (1) (j) of the same person or another person in relation to the same boat or vehicle, if it is necessary and reasonable to make the further requirement.\n(sec.150-ssec.5) The inspector must not enter a part of a boat or vehicle used only as a living area, or exercise a power under subsection (1) (a) to (h) in relation to that part, unless the inspector is accompanied by the person in control of the boat or vehicle.\n(sec.150-ssec.6) Subsection (5) does not apply if the person in control of the boat or vehicle is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection.\n- (a) search any part of the place, boat or vehicle; or\n- (b) examine, inspect, test, photograph or film anything in the place, boat or vehicle; or\n- (c) mark or seal a container or other thing in the place, boat or vehicle; or\n- (d) open a container if the inspector considers it is necessary for exercising a power; or\n- (e) take samples of or from anything in the place, boat or vehicle; or\n- (f) take extracts from, or make copies of, a document in the place, boat or vehicle; or\n- (g) produce an image or writing from an electronic document in the place, boat or vehicle, or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document— (i) a thing containing an electronic document; (ii) an article or device reasonably capable of producing an electronic document; or\n- (i) a thing containing an electronic document;\n- (ii) an article or device reasonably capable of producing an electronic document; or\n- (h) take into or onto the place, boat or vehicle any persons, equipment and materials the inspector reasonably requires for exercising a power in relation to the place, boat or vehicle; or\n- (i) require a person in the place, boat or vehicle, or the occupier of the place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (h) ; or\n- (j) if the inspector boards a boat or enters a vehicle—by written notice given to the person in control of the boat or vehicle, require the person— (i) to take the boat or vehicle to a stated reasonable place by a stated reasonable time; and (ii) if necessary, to remain in control of the boat or vehicle in the place for a reasonable time; to enable the inspector to exercise the powers mentioned in paragraphs (a) to (h) ; or\n- (i) to take the boat or vehicle to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, to remain in control of the boat or vehicle in the place for a reasonable time;\n- (k) if the inspector boards a boat or enters a vehicle—require the person in control of boat or vehicle to accompany the inspector to enable the inspector to comply with subsection (5) .\n- (i) a thing containing an electronic document;\n- (ii) an article or device reasonably capable of producing an electronic document; or\n- (i) to take the boat or vehicle to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, to remain in control of the boat or vehicle in the place for a reasonable time;","sortOrder":268},{"sectionNumber":"sec.150A","sectionType":"section","heading":"No tampering with marked or sealed container or thing","content":"### sec.150A No tampering with marked or sealed container or thing\n\nA person must not unlawfully break, remove or change a mark or seal placed on a container or other thing by an inspector under section 150 (1) (c) .\nMaximum penalty—200 penalty units.\ns 150A ins 2019 No. 6 s 15","sortOrder":269},{"sectionNumber":"sec.150B","sectionType":"section","heading":"Requirement to comply with help requirement","content":"### sec.150B Requirement to comply with help requirement\n\nA person who is required by an inspector under section 150 (1) (i) to give the inspector reasonable help must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the person is an individual and the help is required to be given by answering a question or producing a document, it is a reasonable excuse for the person to fail to answer the question or produce the document if complying with the requirement might tend to incriminate the person.\nSubsection (2) does not apply to a requirement to produce a document that is an authority or other document required to be kept by the person under this Act.\ns 150B ins 2019 No. 6 s 15\n(sec.150B-ssec.1) A person who is required by an inspector under section 150 (1) (i) to give the inspector reasonable help must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.150B-ssec.2) If the person is an individual and the help is required to be given by answering a question or producing a document, it is a reasonable excuse for the person to fail to answer the question or produce the document if complying with the requirement might tend to incriminate the person.\n(sec.150B-ssec.3) Subsection (2) does not apply to a requirement to produce a document that is an authority or other document required to be kept by the person under this Act.","sortOrder":270},{"sectionNumber":"sec.150C","sectionType":"section","heading":"Requirement to take required action","content":"### sec.150C Requirement to take required action\n\nA person who is required by an inspector under section 150 (1) (j) to take action in relation to a boat or vehicle must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 150C ins 2019 No. 6 s 15","sortOrder":271},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Seizure","content":"## Seizure","sortOrder":272},{"sectionNumber":"sec.151","sectionType":"section","heading":"Seizing evidence consistent with purpose of entry by consent","content":"### sec.151 Seizing evidence consistent with purpose of entry by consent\n\nThis section applies if an inspector—\nis authorised to board a boat or enter a vehicle or a place with the consent of the person in charge of the boat or vehicle or the occupier of the place; and\nboards the boat or enters the vehicle or place after obtaining the consent.\nThe inspector may seize the boat or vehicle or a thing in the boat, vehicle or place if—\nthe inspector believes, on reasonable grounds, that the boat, vehicle or thing is evidence of an offence against this Act; and\nthe seizure is consistent with the purpose of entry as explained to the person in charge or occupier when asking for the consent.\ns 151 sub 2024 No. 17 s 148\n(sec.151-ssec.1) This section applies if an inspector— is authorised to board a boat or enter a vehicle or a place with the consent of the person in charge of the boat or vehicle or the occupier of the place; and boards the boat or enters the vehicle or place after obtaining the consent.\n(sec.151-ssec.2) The inspector may seize the boat or vehicle or a thing in the boat, vehicle or place if— the inspector believes, on reasonable grounds, that the boat, vehicle or thing is evidence of an offence against this Act; and the seizure is consistent with the purpose of entry as explained to the person in charge or occupier when asking for the consent.\n- (a) is authorised to board a boat or enter a vehicle or a place with the consent of the person in charge of the boat or vehicle or the occupier of the place; and\n- (b) boards the boat or enters the vehicle or place after obtaining the consent.\n- (a) the inspector believes, on reasonable grounds, that the boat, vehicle or thing is evidence of an offence against this Act; and\n- (b) the seizure is consistent with the purpose of entry as explained to the person in charge or occupier when asking for the consent.","sortOrder":273},{"sectionNumber":"sec.152","sectionType":"section","heading":"Seizing evidence for which warrant issued","content":"### sec.152 Seizing evidence for which warrant issued\n\nThis section applies if an inspector—\nis authorised to board a boat or enter a vehicle or place under a warrant; and\nboards the boat or enters the vehicle or place under the warrant.\nThe inspector may seize the evidence for which the warrant was issued.\ns 152 sub 2024 No. 17 s 148\n(sec.152-ssec.1) This section applies if an inspector— is authorised to board a boat or enter a vehicle or place under a warrant; and boards the boat or enters the vehicle or place under the warrant.\n(sec.152-ssec.2) The inspector may seize the evidence for which the warrant was issued.\n- (a) is authorised to board a boat or enter a vehicle or place under a warrant; and\n- (b) boards the boat or enters the vehicle or place under the warrant.","sortOrder":274},{"sectionNumber":"sec.153","sectionType":"section","heading":"Other seizure powers","content":"### sec.153 Other seizure powers\n\nThis section applies if an inspector—\nis authorised to board a boat or enter a vehicle or place under this part, whether by consent, under a warrant or otherwise; and\nboards the boat or enters the vehicle or place.\nThe inspector may seize the boat or vehicle or a thing in the boat, vehicle or place if the inspector believes on reasonable grounds—\nthe boat, vehicle or thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the boat, vehicle or thing being—\nhidden, lost or destroyed; or\nused to continue or repeat the offence.\nThe inspector may seize the boat or vehicle or a thing in the boat, vehicle or place if the inspector believes on reasonable grounds the boat, vehicle or thing has been used in committing an offence against this Act.\nThe inspector may seize a container in the boat, vehicle or place, including its contents, if the inspector believes on reasonable grounds—\nthe container contains 1 or more things; and\nany 1 or more of the things is evidence of an offence against this Act.\ns 153 sub 2024 No. 17 s 148\n(sec.153-ssec.1) This section applies if an inspector— is authorised to board a boat or enter a vehicle or place under this part, whether by consent, under a warrant or otherwise; and boards the boat or enters the vehicle or place.\n(sec.153-ssec.2) The inspector may seize the boat or vehicle or a thing in the boat, vehicle or place if the inspector believes on reasonable grounds— the boat, vehicle or thing is evidence of an offence against this Act; and the seizure is necessary to prevent the boat, vehicle or thing being— hidden, lost or destroyed; or used to continue or repeat the offence.\n(sec.153-ssec.3) The inspector may seize the boat or vehicle or a thing in the boat, vehicle or place if the inspector believes on reasonable grounds the boat, vehicle or thing has been used in committing an offence against this Act.\n(sec.153-ssec.4) The inspector may seize a container in the boat, vehicle or place, including its contents, if the inspector believes on reasonable grounds— the container contains 1 or more things; and any 1 or more of the things is evidence of an offence against this Act.\n- (a) is authorised to board a boat or enter a vehicle or place under this part, whether by consent, under a warrant or otherwise; and\n- (b) boards the boat or enters the vehicle or place.\n- (a) the boat, vehicle or thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the boat, vehicle or thing being— (i) hidden, lost or destroyed; or (ii) used to continue or repeat the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue or repeat the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue or repeat the offence.\n- (a) the container contains 1 or more things; and\n- (b) any 1 or more of the things is evidence of an offence against this Act.","sortOrder":275},{"sectionNumber":"sec.154","sectionType":"section","heading":"Seizure of fisheries resources in heap etc.","content":"### sec.154 Seizure of fisheries resources in heap etc.\n\nIn this section—\ndeclared fisheries resources means fisheries resources declared under a regulation to be fisheries resources to which this section applies.\nforfeiture offence means an offence against this Act declared under a regulation to be an offence to which this section applies.\nthreshold percentage for declared fisheries resources means the percentage (which may be nil) prescribed by regulation for the fisheries resources.\nThis section applies if—\nparticular declared fisheries resources (the suspect fisheries resources ) are part of declared fisheries resources in a heap, collection or container; and\nan inspector believes, on reasonable grounds, that—\na forfeiture offence has been committed in relation to the suspect fisheries resources; and\nthe weight or number of the suspect fisheries resources expressed as a percentage of the total weight or number of the declared fisheries resources in the heap, collection or container is more than the threshold percentage for the fisheries resources.\na freezer in a boat stocked with a large quantity of frozen scallops\nfish in a processing establishment where, because of the quantity of the fish, it is impracticable to count the fish of a particular species or type\na statistical test or random sampling of the declared fisheries resources in the heap, collection or container\nThe inspector may seize all the fisheries resources in the heap, collection or container and, if the fisheries resources are in a container, the container.\nIf a person is later convicted of a forfeiture offence in relation to the suspect fisheries resources, then, for the purposes of the forfeiture of the fisheries resources in the heap, collection or container, all of those fisheries resources are taken to be fisheries resources the subject of the offence.\ns 154 amd 1994 No. 87 s 3 sch 2 ; 2019 No. 6 s 3 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.154-ssec.1) In this section— declared fisheries resources means fisheries resources declared under a regulation to be fisheries resources to which this section applies. forfeiture offence means an offence against this Act declared under a regulation to be an offence to which this section applies. threshold percentage for declared fisheries resources means the percentage (which may be nil) prescribed by regulation for the fisheries resources.\n(sec.154-ssec.2) This section applies if— particular declared fisheries resources (the suspect fisheries resources ) are part of declared fisheries resources in a heap, collection or container; and an inspector believes, on reasonable grounds, that— a forfeiture offence has been committed in relation to the suspect fisheries resources; and the weight or number of the suspect fisheries resources expressed as a percentage of the total weight or number of the declared fisheries resources in the heap, collection or container is more than the threshold percentage for the fisheries resources. a freezer in a boat stocked with a large quantity of frozen scallops fish in a processing establishment where, because of the quantity of the fish, it is impracticable to count the fish of a particular species or type a statistical test or random sampling of the declared fisheries resources in the heap, collection or container\n(sec.154-ssec.3) The inspector may seize all the fisheries resources in the heap, collection or container and, if the fisheries resources are in a container, the container.\n(sec.154-ssec.4) If a person is later convicted of a forfeiture offence in relation to the suspect fisheries resources, then, for the purposes of the forfeiture of the fisheries resources in the heap, collection or container, all of those fisheries resources are taken to be fisheries resources the subject of the offence.\n- (a) particular declared fisheries resources (the suspect fisheries resources ) are part of declared fisheries resources in a heap, collection or container; and\n- (b) an inspector believes, on reasonable grounds, that— (i) a forfeiture offence has been committed in relation to the suspect fisheries resources; and (ii) the weight or number of the suspect fisheries resources expressed as a percentage of the total weight or number of the declared fisheries resources in the heap, collection or container is more than the threshold percentage for the fisheries resources. Examples of heap, collection or container— 1 a freezer in a boat stocked with a large quantity of frozen scallops 2 fish in a processing establishment where, because of the quantity of the fish, it is impracticable to count the fish of a particular species or type Examples of the ways an inspector may form a belief on reasonable grounds— a statistical test or random sampling of the declared fisheries resources in the heap, collection or container\n- (i) a forfeiture offence has been committed in relation to the suspect fisheries resources; and\n- (ii) the weight or number of the suspect fisheries resources expressed as a percentage of the total weight or number of the declared fisheries resources in the heap, collection or container is more than the threshold percentage for the fisheries resources.\n- 1 a freezer in a boat stocked with a large quantity of frozen scallops\n- 2 fish in a processing establishment where, because of the quantity of the fish, it is impracticable to count the fish of a particular species or type\n- (i) a forfeiture offence has been committed in relation to the suspect fisheries resources; and\n- (ii) the weight or number of the suspect fisheries resources expressed as a percentage of the total weight or number of the declared fisheries resources in the heap, collection or container is more than the threshold percentage for the fisheries resources.\n- 1 a freezer in a boat stocked with a large quantity of frozen scallops\n- 2 fish in a processing establishment where, because of the quantity of the fish, it is impracticable to count the fish of a particular species or type","sortOrder":276},{"sectionNumber":"sec.155","sectionType":"section","heading":"Power to seize explosives etc.","content":"### sec.155 Power to seize explosives etc.\n\nIf—\nan inspector finds a person in a boat or on a foreshore, or a bed, bank or border of a body of water; and\nthe person is in possession of an explosive, powerhead or other explosive propelled missile, firearm, noxious substance, or device that creates an electrical field in waters or on land, (the suspect thing ); and\nthe inspector believes, on reasonable grounds, the suspect thing has just been used, or is just about to be used, to commit an offence against this Act;\nthe inspector may seize the suspect thing.\nThis section is in addition to, and does not limit, any other seizure powers of an inspector.\ns 155 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.155-ssec.1) If— an inspector finds a person in a boat or on a foreshore, or a bed, bank or border of a body of water; and the person is in possession of an explosive, powerhead or other explosive propelled missile, firearm, noxious substance, or device that creates an electrical field in waters or on land, (the suspect thing ); and the inspector believes, on reasonable grounds, the suspect thing has just been used, or is just about to be used, to commit an offence against this Act; the inspector may seize the suspect thing.\n(sec.155-ssec.2) This section is in addition to, and does not limit, any other seizure powers of an inspector.\n- (a) an inspector finds a person in a boat or on a foreshore, or a bed, bank or border of a body of water; and\n- (b) the person is in possession of an explosive, powerhead or other explosive propelled missile, firearm, noxious substance, or device that creates an electrical field in waters or on land, (the suspect thing ); and\n- (c) the inspector believes, on reasonable grounds, the suspect thing has just been used, or is just about to be used, to commit an offence against this Act;","sortOrder":277},{"sectionNumber":"sec.156","sectionType":"section","heading":"Powers in support of seizure","content":"### sec.156 Powers in support of seizure\n\nThis section applies if an inspector is permitted to seize a boat, vehicle or anything else.\nTo enable the boat, vehicle or other thing to be seized, an inspector may, by written notice given to the person in control of the boat, vehicle or thing, require the person—\nto take it to a specified reasonable place by a specified reasonable time; and\nif necessary, to remain in control of it in the place for a reasonable time.\nIf, for any reason, it is not practicable to make the requirement by a written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\nA person must comply with a requirement under this section, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—200 penalty units.\nNothing in this section prevents an inspector making a further requirement under this section of the same person or another person in relation to the same boat, vehicle or thing, if it is necessary and reasonable to make the further requirement.\ns 156 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.156-ssec.1) This section applies if an inspector is permitted to seize a boat, vehicle or anything else.\n(sec.156-ssec.2) To enable the boat, vehicle or other thing to be seized, an inspector may, by written notice given to the person in control of the boat, vehicle or thing, require the person— to take it to a specified reasonable place by a specified reasonable time; and if necessary, to remain in control of it in the place for a reasonable time.\n(sec.156-ssec.3) If, for any reason, it is not practicable to make the requirement by a written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\n(sec.156-ssec.4) A person must comply with a requirement under this section, unless the person has a reasonable excuse for not complying with it. Maximum penalty—200 penalty units.\n(sec.156-ssec.5) Nothing in this section prevents an inspector making a further requirement under this section of the same person or another person in relation to the same boat, vehicle or thing, if it is necessary and reasonable to make the further requirement.\n- (a) to take it to a specified reasonable place by a specified reasonable time; and\n- (b) if necessary, to remain in control of it in the place for a reasonable time.","sortOrder":278},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Seizure of thing subject to security","content":"### sec.156A Seizure of thing subject to security\n\nAn inspector may seize a thing under this division, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.\ns 156A ins 2024 No. 17 s 149\n(sec.156A-ssec.1) An inspector may seize a thing under this division, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.156A-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.","sortOrder":279},{"sectionNumber":"sec.157","sectionType":"section","heading":"Receipt to be given","content":"### sec.157 Receipt to be given\n\nAs soon as practicable after a thing is seized by an inspector under this Act, the inspector must give a receipt for it to the person from whom it was seized.\nThe receipt must describe generally the condition of the thing seized and, if more than 1 thing is seized, must include an inventory or general description of them.\nIf, for any reason, it is not practicable to comply with subsection (1) , the inspector must—\nleave the receipt in the place where the thing is seized; and\nensure the receipt is left in a reasonably secure way in a conspicuous position.\nThis section does not apply if—\nit is not practicable to comply with subsection (1) or (3) ; and\nthe owner of the thing can not be decided after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner.\nAn inspector seizes an unattended crab pot or net that the inspector finds in a creek.\nAlso, this section does not apply in relation to fisheries resources that are—\nreturned to the wild or the place from which they were taken under section 159 (2) ; or\ndisposed of under section 159 (3) .\ns 157 amd 2024 No. 17 s 150\n(sec.157-ssec.1) As soon as practicable after a thing is seized by an inspector under this Act, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.157-ssec.2) The receipt must describe generally the condition of the thing seized and, if more than 1 thing is seized, must include an inventory or general description of them.\n(sec.157-ssec.3) If, for any reason, it is not practicable to comply with subsection (1) , the inspector must— leave the receipt in the place where the thing is seized; and ensure the receipt is left in a reasonably secure way in a conspicuous position.\n(sec.157-ssec.4) This section does not apply if— it is not practicable to comply with subsection (1) or (3) ; and the owner of the thing can not be decided after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner. An inspector seizes an unattended crab pot or net that the inspector finds in a creek.\n(sec.157-ssec.5) Also, this section does not apply in relation to fisheries resources that are— returned to the wild or the place from which they were taken under section 159 (2) ; or disposed of under section 159 (3) .\n- (a) leave the receipt in the place where the thing is seized; and\n- (b) ensure the receipt is left in a reasonably secure way in a conspicuous position.\n- (a) it is not practicable to comply with subsection (1) or (3) ; and\n- (b) the owner of the thing can not be decided after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner.\n- (a) returned to the wild or the place from which they were taken under section 159 (2) ; or\n- (b) disposed of under section 159 (3) .","sortOrder":280},{"sectionNumber":"sec.158","sectionType":"section","heading":"Inspector to allow inspection etc.","content":"### sec.158 Inspector to allow inspection etc.\n\nUntil a seized thing is forfeited, returned or otherwise finally dealt with under this Act, an inspector must allow a person who would be entitled to possession of it, if it had not been seized, to inspect it and, if it is a document, make copies of it.","sortOrder":281},{"sectionNumber":"sec.159","sectionType":"section","heading":"Inspector may dispose of fisheries resources taken unlawfully","content":"### sec.159 Inspector may dispose of fisheries resources taken unlawfully\n\nThis section applies if fisheries resources are seized under this Act and an inspector believes, on reasonable grounds, that the fisheries resources have been taken unlawfully.\nIf the fisheries resources are alive, the inspector may immediately return them to the wild or, if appropriate, the place from which they were taken.\nIf the fisheries resources are dead and the inspector believes, on reasonable grounds, that they are putrid, unfit for sale, of no value or of insufficient value to justify their sale, the inspector may immediately dispose of the fisheries resources in a way decided by the inspector.\nBefore the inspector returns fisheries resources under subsection (2) or disposes of fisheries resources under subsection (3) , the inspector must make a record identifying the species, quantity, and form of the fisheries resources.\ntaking a digital photograph of the fisheries resources\nIf the person from whom the fisheries resources are seized asks the inspector for a copy of a record made under subsection (4) , the inspector must give the person a copy of the record.\ns 159 amd 2014 No. 7 s 541 ; 2024 No. 17 s 151\n(sec.159-ssec.1) This section applies if fisheries resources are seized under this Act and an inspector believes, on reasonable grounds, that the fisheries resources have been taken unlawfully.\n(sec.159-ssec.2) If the fisheries resources are alive, the inspector may immediately return them to the wild or, if appropriate, the place from which they were taken.\n(sec.159-ssec.3) If the fisheries resources are dead and the inspector believes, on reasonable grounds, that they are putrid, unfit for sale, of no value or of insufficient value to justify their sale, the inspector may immediately dispose of the fisheries resources in a way decided by the inspector.\n(sec.159-ssec.4) Before the inspector returns fisheries resources under subsection (2) or disposes of fisheries resources under subsection (3) , the inspector must make a record identifying the species, quantity, and form of the fisheries resources. taking a digital photograph of the fisheries resources\n(sec.159-ssec.5) If the person from whom the fisheries resources are seized asks the inspector for a copy of a record made under subsection (4) , the inspector must give the person a copy of the record.","sortOrder":282},{"sectionNumber":"sec.160","sectionType":"section","heading":"When seized fisheries resources become property of State","content":"### sec.160 When seized fisheries resources become property of State\n\nThis section applies if fish are seized under this Act and are not immediately returned to the wild or otherwise disposed of by an inspector under this subdivision.\nHowever, this section stops applying if the fisheries resources are sold under section 160A .\nThe fisheries resources become the property of the State if—\ntheir seizure is not the subject of an appeal to a Magistrates Court within 7 days after their seizure; or\ntheir seizure is the subject of an appeal to a Magistrates Court within 7 days after their seizure, but the seizure is confirmed on appeal; or\nthe chief executive and the owner of the fisheries resources agree, in writing, that the fisheries resources should become the chief executive’s property.\nIf fisheries resources that become the property of the State under this section have a market value and it is practicable to sell them, the chief executive must sell them in a reasonable way decided by the chief executive or in a way agreed with the owner of the fisheries resources.\nIf the fisheries resources do not have a market value or it is not practicable to sell them, the chief executive may dispose of them in any reasonable way decided by the chief executive or in a way agreed with the owner of the fisheries resources.\nHowever, if the fisheries resources are not fish that were live when they were seized and the seizure of the fisheries resources is the subject of an appeal to a Magistrates Court, the court may give directions about how the fisheries resources are to be sold or disposed of, whether or not it confirms the seizure.\ns 160 amd 2000 No. 26 s 13 sch 2 ; 2006 No. 28 s 40\n(sec.160-ssec.1) This section applies if fish are seized under this Act and are not immediately returned to the wild or otherwise disposed of by an inspector under this subdivision.\n(sec.160-ssec.2) However, this section stops applying if the fisheries resources are sold under section 160A .\n(sec.160-ssec.3) The fisheries resources become the property of the State if— their seizure is not the subject of an appeal to a Magistrates Court within 7 days after their seizure; or their seizure is the subject of an appeal to a Magistrates Court within 7 days after their seizure, but the seizure is confirmed on appeal; or the chief executive and the owner of the fisheries resources agree, in writing, that the fisheries resources should become the chief executive’s property.\n(sec.160-ssec.4) If fisheries resources that become the property of the State under this section have a market value and it is practicable to sell them, the chief executive must sell them in a reasonable way decided by the chief executive or in a way agreed with the owner of the fisheries resources.\n(sec.160-ssec.5) If the fisheries resources do not have a market value or it is not practicable to sell them, the chief executive may dispose of them in any reasonable way decided by the chief executive or in a way agreed with the owner of the fisheries resources.\n(sec.160-ssec.6) However, if the fisheries resources are not fish that were live when they were seized and the seizure of the fisheries resources is the subject of an appeal to a Magistrates Court, the court may give directions about how the fisheries resources are to be sold or disposed of, whether or not it confirms the seizure.\n- (a) their seizure is not the subject of an appeal to a Magistrates Court within 7 days after their seizure; or\n- (b) their seizure is the subject of an appeal to a Magistrates Court within 7 days after their seizure, but the seizure is confirmed on appeal; or\n- (c) the chief executive and the owner of the fisheries resources agree, in writing, that the fisheries resources should become the chief executive’s property.","sortOrder":283},{"sectionNumber":"sec.160A","sectionType":"section","heading":"Chief executive’s power to sell particular live seized fish","content":"### sec.160A Chief executive’s power to sell particular live seized fish\n\nThis section applies if—\nseized fisheries resources mentioned in section 160 (1) were live fish when they were seized; and\nthe fish have not, under section 160 , become the property of the State.\nThe chief executive may sell the fish at any time after the seizure as if the fish were the property of the State.\nHowever, the sale must be carried out in a reasonable way decided by the chief executive or in a way agreed with the owner of the fish.\nAlso, until the end of the period under section 163 (2) , the chief executive must hold the net proceeds of the sale on trust for whoever will, under that section, be entitled to the net proceeds.\ns 160A ins 2006 No. 28 s 41\n(sec.160A-ssec.1) This section applies if— seized fisheries resources mentioned in section 160 (1) were live fish when they were seized; and the fish have not, under section 160 , become the property of the State.\n(sec.160A-ssec.2) The chief executive may sell the fish at any time after the seizure as if the fish were the property of the State.\n(sec.160A-ssec.3) However, the sale must be carried out in a reasonable way decided by the chief executive or in a way agreed with the owner of the fish.\n(sec.160A-ssec.4) Also, until the end of the period under section 163 (2) , the chief executive must hold the net proceeds of the sale on trust for whoever will, under that section, be entitled to the net proceeds.\n- (a) seized fisheries resources mentioned in section 160 (1) were live fish when they were seized; and\n- (b) the fish have not, under section 160 , become the property of the State.","sortOrder":284},{"sectionNumber":"sec.161","sectionType":"section","heading":"Chief executive may return seized things etc.","content":"### sec.161 Chief executive may return seized things etc.\n\nThe chief executive may return anything seized under this Act to its owner.\nIf fisheries resources seized under this Act are sold by the chief executive, the chief executive may return the net proceeds of sale to the owner of the fisheries resources.\nThe chief executive may return the thing or net proceeds of sale to its owner on conditions, including conditions to ensure that the thing or net proceeds of sale are available for forfeiture.\nIf the thing or net proceeds of sale are not ordered to be forfeited to the State, the chief executive must return any property or security taken by the chief executive under a condition imposed under subsection (3) at the end of—\n6 months after the seizure; or\nif a prosecution for an offence involving the thing or fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\ns 161 amd 2000 No. 26 s 13 sch 2\n(sec.161-ssec.1) The chief executive may return anything seized under this Act to its owner.\n(sec.161-ssec.2) If fisheries resources seized under this Act are sold by the chief executive, the chief executive may return the net proceeds of sale to the owner of the fisheries resources.\n(sec.161-ssec.3) The chief executive may return the thing or net proceeds of sale to its owner on conditions, including conditions to ensure that the thing or net proceeds of sale are available for forfeiture.\n(sec.161-ssec.4) If the thing or net proceeds of sale are not ordered to be forfeited to the State, the chief executive must return any property or security taken by the chief executive under a condition imposed under subsection (3) at the end of— 6 months after the seizure; or if a prosecution for an offence involving the thing or fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\n- (a) 6 months after the seizure; or\n- (b) if a prosecution for an offence involving the thing or fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.","sortOrder":285},{"sectionNumber":"sec.162","sectionType":"section","heading":"Obligation to return seized things (other than fisheries resources)","content":"### sec.162 Obligation to return seized things (other than fisheries resources)\n\nThis section applies if a thing (other than fisheries resources) is seized under this Act.\nThe chief executive must return the seized thing to its owner at the end of—\n6 months; or\nif a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\nDespite subsection (2) , the chief executive must return the seized thing to its owner immediately if the chief executive is not satisfied or stops being satisfied its retention as evidence is necessary.\nHowever, the chief executive may keep the seized thing if the chief executive believes, on reasonable grounds, the thing is liable to forfeiture under this Act.\nThis section does not require the return of the thing if a court has ordered that the thing be forfeited to the State.\ns 162 amd 2000 No. 26 s 13 sch 2\n(sec.162-ssec.1) This section applies if a thing (other than fisheries resources) is seized under this Act.\n(sec.162-ssec.2) The chief executive must return the seized thing to its owner at the end of— 6 months; or if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\n(sec.162-ssec.3) Despite subsection (2) , the chief executive must return the seized thing to its owner immediately if the chief executive is not satisfied or stops being satisfied its retention as evidence is necessary.\n(sec.162-ssec.4) However, the chief executive may keep the seized thing if the chief executive believes, on reasonable grounds, the thing is liable to forfeiture under this Act.\n(sec.162-ssec.5) This section does not require the return of the thing if a court has ordered that the thing be forfeited to the State.\n- (a) 6 months; or\n- (b) if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.","sortOrder":286},{"sectionNumber":"sec.163","sectionType":"section","heading":"Obligation to pay net proceeds of sale of fisheries resources","content":"### sec.163 Obligation to pay net proceeds of sale of fisheries resources\n\nThis section applies if—\nfisheries resources are seized under this Act; and\nthe fisheries resources—\nare sold after becoming property of the State; or\nare fish that have been sold under section 160A .\nThe chief executive must pay the net proceeds of sale to the owner of the fisheries resources at the end of—\n6 months; or\nif a prosecution for an offence involving the fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\nThis section does not require the payment of the net proceeds of sale if a court has—\nconfirmed the seizure; or\nordered that the net proceeds of sale be forfeited to the State.\ns 163 amd 2000 No. 26 s 13 sch 2 ; 2006 No. 28 s 42\n(sec.163-ssec.1) This section applies if— fisheries resources are seized under this Act; and the fisheries resources— are sold after becoming property of the State; or are fish that have been sold under section 160A .\n(sec.163-ssec.2) The chief executive must pay the net proceeds of sale to the owner of the fisheries resources at the end of— 6 months; or if a prosecution for an offence involving the fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\n(sec.163-ssec.3) This section does not require the payment of the net proceeds of sale if a court has— confirmed the seizure; or ordered that the net proceeds of sale be forfeited to the State.\n- (a) fisheries resources are seized under this Act; and\n- (b) the fisheries resources— (i) are sold after becoming property of the State; or (ii) are fish that have been sold under section 160A .\n- (i) are sold after becoming property of the State; or\n- (ii) are fish that have been sold under section 160A .\n- (i) are sold after becoming property of the State; or\n- (ii) are fish that have been sold under section 160A .\n- (a) 6 months; or\n- (b) if a prosecution for an offence involving the fisheries resources is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\n- (a) confirmed the seizure; or\n- (b) ordered that the net proceeds of sale be forfeited to the State.","sortOrder":287},{"sectionNumber":"sec.164","sectionType":"section","heading":"Chief executive may order forfeiture of particular things","content":"### sec.164 Chief executive may order forfeiture of particular things\n\nThis section applies if—\na thing is seized under this Act; and\nthe owner of the thing can not be found after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner.\nThis section also applies if—\na thing is seized under this Act; and\nthe thing contravenes this Act or other fisheries legislation, but a prosecution involving the thing is not started.\nfishing apparatus of illegal dimensions\nIn addition, this section also applies if—\na thing is seized under this Act; and\nthe chief executive is unable, after making reasonable efforts, to return the thing to its owner.\nThe chief executive may order the forfeiture of the thing to the State.\ns 164 amd 2000 No. 26 s 13 sch 2 ; 2004 No. 53 s 2 sch\n(sec.164-ssec.1) This section applies if— a thing is seized under this Act; and the owner of the thing can not be found after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner.\n(sec.164-ssec.2) This section also applies if— a thing is seized under this Act; and the thing contravenes this Act or other fisheries legislation, but a prosecution involving the thing is not started. fishing apparatus of illegal dimensions\n(sec.164-ssec.3) In addition, this section also applies if— a thing is seized under this Act; and the chief executive is unable, after making reasonable efforts, to return the thing to its owner.\n(sec.164-ssec.4) The chief executive may order the forfeiture of the thing to the State.\n- (a) a thing is seized under this Act; and\n- (b) the owner of the thing can not be found after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner.\n- (a) a thing is seized under this Act; and\n- (b) the thing contravenes this Act or other fisheries legislation, but a prosecution involving the thing is not started. Example of subsection (2) — fishing apparatus of illegal dimensions\n- (a) a thing is seized under this Act; and\n- (b) the chief executive is unable, after making reasonable efforts, to return the thing to its owner.","sortOrder":288},{"sectionNumber":"sec.165","sectionType":"section","heading":"Where and how to start appeal","content":"### sec.165 Where and how to start appeal\n\nA person whose fisheries resources have been seized under this Act may appeal to the Magistrates Court nearest where the fisheries resources were seized.\nSee also section 179 in relation to claiming compensation for loss or expense incurred because of the exercise or purported exercise of a power under this part.\nHowever, the person may not appeal, and any appeal already started by the person lapses, if the fisheries resources become the property of the State.\nAlso, the person may not appeal if the fisheries resources are—\nreturned to the wild or the place from which they were taken under section 159 (2) ; or\ndisposed of under section 159 (3) .\nThe appeal is started by—\nfiling a written notice of appeal with the clerk of the court of the Magistrates Court; and\ngiving a copy of the notice to the chief executive.\nWithout limiting subsection (4) (b) , the chief executive is given a copy of the notice if a copy is given to the inspector who seized the fisheries resources.\nThe notice of appeal must state the grounds of the appeal.\ns 165 amd 2000 No. 26 s 13 sch 2 ; 2019 No. 6 s 16 ; 2024 No. 17 s 152\n(sec.165-ssec.1) A person whose fisheries resources have been seized under this Act may appeal to the Magistrates Court nearest where the fisheries resources were seized. See also section 179 in relation to claiming compensation for loss or expense incurred because of the exercise or purported exercise of a power under this part.\n(sec.165-ssec.2) However, the person may not appeal, and any appeal already started by the person lapses, if the fisheries resources become the property of the State.\n(sec.165-ssec.3) Also, the person may not appeal if the fisheries resources are— returned to the wild or the place from which they were taken under section 159 (2) ; or disposed of under section 159 (3) .\n(sec.165-ssec.4) The appeal is started by— filing a written notice of appeal with the clerk of the court of the Magistrates Court; and giving a copy of the notice to the chief executive.\n(sec.165-ssec.5) Without limiting subsection (4) (b) , the chief executive is given a copy of the notice if a copy is given to the inspector who seized the fisheries resources.\n(sec.165-ssec.6) The notice of appeal must state the grounds of the appeal.\n- (a) returned to the wild or the place from which they were taken under section 159 (2) ; or\n- (b) disposed of under section 159 (3) .\n- (a) filing a written notice of appeal with the clerk of the court of the Magistrates Court; and\n- (b) giving a copy of the notice to the chief executive.","sortOrder":289},{"sectionNumber":"sec.166","sectionType":"section","heading":"Hearing procedures","content":"### sec.166 Hearing procedures\n\nThe power to make rules of court under the Magistrates Courts Act 1921 includes power to make rules of court for appeals to Magistrates Courts under this Act.\nThe procedure for an appeal to a Magistrates Court under this Act is to be—\nin accordance with the rules made under the Magistrates Courts Act 1921 ; or\nin the absence of relevant rules, as directed by a magistrate.\nIn deciding the appeal, the Magistrates Court—\nis not bound by the rules of evidence; and\nmust observe natural justice; and\nmay hear the appeal in court or chambers.\n(sec.166-ssec.1) The power to make rules of court under the Magistrates Courts Act 1921 includes power to make rules of court for appeals to Magistrates Courts under this Act.\n(sec.166-ssec.2) The procedure for an appeal to a Magistrates Court under this Act is to be— in accordance with the rules made under the Magistrates Courts Act 1921 ; or in the absence of relevant rules, as directed by a magistrate.\n(sec.166-ssec.3) In deciding the appeal, the Magistrates Court— is not bound by the rules of evidence; and must observe natural justice; and may hear the appeal in court or chambers.\n- (a) in accordance with the rules made under the Magistrates Courts Act 1921 ; or\n- (b) in the absence of relevant rules, as directed by a magistrate.\n- (a) is not bound by the rules of evidence; and\n- (b) must observe natural justice; and\n- (c) may hear the appeal in court or chambers.","sortOrder":290},{"sectionNumber":"sec.167","sectionType":"section","heading":"Powers of Magistrates Court on appeal","content":"### sec.167 Powers of Magistrates Court on appeal\n\nIn deciding the appeal, the Magistrates Court may—\nconfirm the seizure of the fisheries resources; or\nset aside the seizure and order the return of the fisheries resources.\n- (a) confirm the seizure of the fisheries resources; or\n- (b) set aside the seizure and order the return of the fisheries resources.","sortOrder":291},{"sectionNumber":"sec.168","sectionType":"section","heading":"Court may give directions about disposal of seized fisheries resources","content":"### sec.168 Court may give directions about disposal of seized fisheries resources\n\nIf the Magistrates Court confirms the seizure, it may direct the chief executive how to sell or otherwise dispose of the fisheries resources.\ns 168 amd 2000 No. 26 s 13 sch 2","sortOrder":292},{"sectionNumber":"sec.169","sectionType":"section","heading":"Appeal to District Court on questions of law only","content":"### sec.169 Appeal to District Court on questions of law only\n\nA party dissatisfied by the decision of the Magistrates Court may appeal to the District Court, but only on a question of law.\ns 169 amd 1999 No. 19 s 3 sch","sortOrder":293},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Other enforcement powers of inspectors","content":"## Other enforcement powers of inspectors","sortOrder":294},{"sectionNumber":"sec.170","sectionType":"section","heading":"Power to stop persons","content":"### sec.170 Power to stop persons\n\nAn inspector may require a person to stop, and not to move on until permitted by the inspector, if the inspector—\nfinds the person committing an offence against this Act; or\nfinds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.\nThe inspector may require the person not to move on only for as long as is reasonably necessary for the inspector to exercise the inspector’s powers under this Act in relation to the person.\nA person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (3) —200 penalty units.\n(sec.170-ssec.1) An inspector may require a person to stop, and not to move on until permitted by the inspector, if the inspector— finds the person committing an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.\n(sec.170-ssec.2) The inspector may require the person not to move on only for as long as is reasonably necessary for the inspector to exercise the inspector’s powers under this Act in relation to the person.\n(sec.170-ssec.3) A person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (3) —200 penalty units.\n- (a) finds the person committing an offence against this Act; or\n- (b) finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.","sortOrder":295},{"sectionNumber":"sec.171","sectionType":"section","heading":"Power to require name and address","content":"### sec.171 Power to require name and address\n\nAn inspector may require a person to state the person’s name and address if the inspector—\nfinds the person committing an offence against this Act; or\nfinds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.\nWhen making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\nThe inspector may require the person to give evidence of the correctness of the person’s stated name or address if the inspector suspects, on reasonable grounds, the stated name or address is false.\nA person must comply with an inspector’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—200 penalty units.\nThe person does not commit an offence against this section if—\nthe inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and\nthe person is not proved to have committed the offence.\ns 171 amd 2000 No. 5 s 373 sch 3\n(sec.171-ssec.1) An inspector may require a person to state the person’s name and address if the inspector— finds the person committing an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.\n(sec.171-ssec.2) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\n(sec.171-ssec.3) The inspector may require the person to give evidence of the correctness of the person’s stated name or address if the inspector suspects, on reasonable grounds, the stated name or address is false.\n(sec.171-ssec.4) A person must comply with an inspector’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—200 penalty units.\n(sec.171-ssec.5) The person does not commit an offence against this section if— the inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) finds the person committing an offence against this Act; or\n- (b) finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.\n- (a) the inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":296},{"sectionNumber":"sec.172","sectionType":"section","heading":"Power to require information from certain persons","content":"### sec.172 Power to require information from certain persons\n\nThis section applies if an inspector suspects, on reasonable grounds, that—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe inspector may require the person to give information about the offence.\nWhen making the requirement, the inspector must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person.\nThe person does not commit an offence against this section if the information sought by the inspector is not in fact relevant to the offence.\n(sec.172-ssec.1) This section applies if an inspector suspects, on reasonable grounds, that— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.172-ssec.2) The inspector may require the person to give information about the offence.\n(sec.172-ssec.3) When making the requirement, the inspector must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.\n(sec.172-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—200 penalty units.\n(sec.172-ssec.5) It is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person.\n(sec.172-ssec.6) The person does not commit an offence against this section if the information sought by the inspector is not in fact relevant to the offence.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":297},{"sectionNumber":"sec.173","sectionType":"section","heading":"Power to require production of documents","content":"### sec.173 Power to require production of documents\n\nAn inspector may require a person to produce for inspection—\na document required to be kept by the person under this Act; or\nif the person is engaged in the business of buying or selling fisheries resources by wholesale or retail—a document about the buying or selling of fisheries resources in the person’s possession; or\nif a document required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document.\nA person required under this Act to have a document available for immediate inspection must produce it immediately for inspection by the inspector or someone else specified by the inspector, unless the person has a reasonable excuse for not producing it.\nMaximum penalty—500 penalty units.\nIn any other case, a person required under this Act to keep a document must produce it immediately, or within a reasonable time allowed by the inspector, for inspection by the inspector or someone else specified by the inspector, unless the person has a reasonable excuse for not producing it.\nMaximum penalty—200 penalty units.\nThe inspector may keep the document to make a copy of it.\nThe inspector must return the document to the person as soon as practicable after making the copy.\nFor an electronic document, compliance with a requirement under subsection (1) requires the making available or production of a clear written reproduction of the electronic document.\ns 173 amd 2019 No. 6 s 17\n(sec.173-ssec.1) An inspector may require a person to produce for inspection— a document required to be kept by the person under this Act; or if the person is engaged in the business of buying or selling fisheries resources by wholesale or retail—a document about the buying or selling of fisheries resources in the person’s possession; or if a document required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document.\n(sec.173-ssec.2) A person required under this Act to have a document available for immediate inspection must produce it immediately for inspection by the inspector or someone else specified by the inspector, unless the person has a reasonable excuse for not producing it. Maximum penalty—500 penalty units.\n(sec.173-ssec.3) In any other case, a person required under this Act to keep a document must produce it immediately, or within a reasonable time allowed by the inspector, for inspection by the inspector or someone else specified by the inspector, unless the person has a reasonable excuse for not producing it. Maximum penalty—200 penalty units.\n(sec.173-ssec.4) The inspector may keep the document to make a copy of it.\n(sec.173-ssec.5) The inspector must return the document to the person as soon as practicable after making the copy.\n(sec.173-ssec.6) For an electronic document, compliance with a requirement under subsection (1) requires the making available or production of a clear written reproduction of the electronic document.\n- (a) a document required to be kept by the person under this Act; or\n- (b) if the person is engaged in the business of buying or selling fisheries resources by wholesale or retail—a document about the buying or selling of fisheries resources in the person’s possession; or\n- (c) if a document required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document.","sortOrder":298},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Power relating to fishing apparatus in water","content":"### sec.173A Power relating to fishing apparatus in water\n\nThis section applies if an inspector suspects, on reasonable grounds, that an offence against this Act has been, or is being, committed by a person in relation to fishing apparatus that is in the water.\nThe inspector may re\tquire the person to haul, pull, draw or reel in the fishing apparatus, or otherwise bring the fishing apparatus onto a boat or land.\nWhen making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 173A ins 2019 No. 6 s 18\n(sec.173A-ssec.1) This section applies if an inspector suspects, on reasonable grounds, that an offence against this Act has been, or is being, committed by a person in relation to fishing apparatus that is in the water.\n(sec.173A-ssec.2) The inspector may re\tquire the person to haul, pull, draw or reel in the fishing apparatus, or otherwise bring the fishing apparatus onto a boat or land.\n(sec.173A-ssec.3) When making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.173A-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.","sortOrder":299},{"sectionNumber":"sec.173B","sectionType":"section","heading":"Additional power of police officer for executing warrant","content":"### sec.173B Additional power of police officer for executing warrant\n\nThis section applies to a police officer who—\nis an inspector exercising powers under a warrant issued under this Act; or\nis helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act.\nIf the police officer suspects, on reasonable grounds, the presence of a person places the safety of an inspector or a police officer at risk, the police officer may direct the person—\nto remain in a stated position in the place, boat or vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or\nto accompany the police officer while the police officer or an inspector exercises the powers; or\nto leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers.\nWhen giving the direction, the police officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.\nA direction given under this section is taken to have been given under the Police Powers and Responsibilities Act 2000 for the purposes of section 791 of that Act.\nIf an inspector who is not a police officer asks a police officer to help exercise powers under a warrant issued under this Act, the inspector must explain to the police officer the powers the police officer has under this section.\nThis section does not limit the powers of the police officer under the Police Powers and Responsibilities Act 2000 .\nSee, for example, the Police Powers and Responsibilities Act 2000 , chapter 1 , part 3 , division 2 for particular powers that a police officer helping an inspector may exercise under that Act.\ns 173B ins 2019 No. 6 s 18\namd 2024 No. 17 s 153\n(sec.173B-ssec.1) This section applies to a police officer who— is an inspector exercising powers under a warrant issued under this Act; or is helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act.\n(sec.173B-ssec.2) If the police officer suspects, on reasonable grounds, the presence of a person places the safety of an inspector or a police officer at risk, the police officer may direct the person— to remain in a stated position in the place, boat or vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or to accompany the police officer while the police officer or an inspector exercises the powers; or to leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers.\n(sec.173B-ssec.3) When giving the direction, the police officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.\n(sec.173B-ssec.4) A direction given under this section is taken to have been given under the Police Powers and Responsibilities Act 2000 for the purposes of section 791 of that Act.\n(sec.173B-ssec.5) If an inspector who is not a police officer asks a police officer to help exercise powers under a warrant issued under this Act, the inspector must explain to the police officer the powers the police officer has under this section.\n(sec.173B-ssec.6) This section does not limit the powers of the police officer under the Police Powers and Responsibilities Act 2000 . See, for example, the Police Powers and Responsibilities Act 2000 , chapter 1 , part 3 , division 2 for particular powers that a police officer helping an inspector may exercise under that Act.\n- (a) is an inspector exercising powers under a warrant issued under this Act; or\n- (b) is helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act.\n- (a) to remain in a stated position in the place, boat or vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or\n- (b) to accompany the police officer while the police officer or an inspector exercises the powers; or\n- (c) to leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers.","sortOrder":300},{"sectionNumber":"pt.8-div.4A","sectionType":"division","heading":"Obtaining criminal history reports","content":"## Obtaining criminal history reports","sortOrder":301},{"sectionNumber":"sec.173C","sectionType":"section","heading":"Purpose of division","content":"### sec.173C Purpose of division\n\nThe purpose of this division is to help an inspector to decide whether the inspector’s entry of a place, boat or vehicle under this part would create an unacceptable level of risk to the inspector’s safety.\ns 173C ins 2019 No. 6 s 19","sortOrder":302},{"sectionNumber":"sec.173D","sectionType":"section","heading":"Definition for division","content":"### sec.173D Definition for division\n\nIn this division—\ncriminal history , for a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\nspent conviction ...\ns 173D def spent conviction om 2023 No. 23 s 247 sch 1 s 16 (3)\ns 173D ins 2019 No. 6 s 19\namd 2023 No. 23 s 247 sch 1 s 16 (2)","sortOrder":303},{"sectionNumber":"sec.173E","sectionType":"section","heading":"Chief executive may obtain criminal history report","content":"### sec.173E Chief executive may obtain criminal history report\n\nThis section applies if an inspector suspects, on reasonable grounds, a person—\nmay be present in a place, boat or vehicle when the inspector enters the place, boat or vehicle under this part; and\nmay create an unacceptable level of risk to the inspector’s safety.\nThe chief executive may ask the commissioner of the police service for a written report about the criminal history of the person that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\nThe commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving conduct, behaviour or circumstances that suggest the person’s presence in the place, boat or vehicle may endanger the inspector’s safety.\nThe chief executive may give the inspector information in the report about the offences identified under subsection (5) .\nThe chief executive must ensure the report, and any information in the report given to an inspector in writing, is destroyed as soon as practicable after the report is no longer needed for the purpose for which it was requested.\ns 173E ins 2019 No. 6 s 19\namd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.173E-ssec.1) This section applies if an inspector suspects, on reasonable grounds, a person— may be present in a place, boat or vehicle when the inspector enters the place, boat or vehicle under this part; and may create an unacceptable level of risk to the inspector’s safety.\n(sec.173E-ssec.2) The chief executive may ask the commissioner of the police service for a written report about the criminal history of the person that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.173E-ssec.3) The commissioner of the police service must comply with the request.\n(sec.173E-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.173E-ssec.5) The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving conduct, behaviour or circumstances that suggest the person’s presence in the place, boat or vehicle may endanger the inspector’s safety.\n(sec.173E-ssec.6) The chief executive may give the inspector information in the report about the offences identified under subsection (5) .\n(sec.173E-ssec.7) The chief executive must ensure the report, and any information in the report given to an inspector in writing, is destroyed as soon as practicable after the report is no longer needed for the purpose for which it was requested.\n- (a) may be present in a place, boat or vehicle when the inspector enters the place, boat or vehicle under this part; and\n- (b) may create an unacceptable level of risk to the inspector’s safety.","sortOrder":304},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Other enforcement matters","content":"## Other enforcement matters","sortOrder":305},{"sectionNumber":"sec.174","sectionType":"section","heading":"Orders against persistent offenders","content":"### sec.174 Orders against persistent offenders\n\nThis section applies if—\na person is convicted of a serious fisheries offence; and\nthe person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.\nIf the court convicting the person considers it necessary to stop the person from committing further serious fisheries offences, the court may make an order—\nprohibiting the person from carrying out a particular activity relating to fishing; or\nan order prohibiting a person from fishing\nan order prohibiting a person from possessing fishing apparatus\nprohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or\nan order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive\nany other order the court considers appropriate.\nA person must not contravene an order made under subsection (2) .\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\ns 174 amd 2000 No. 5 s 373 sch 3 ; 2000 No. 26 s 13 sch 2\nsub 2019 No. 6 s 20\n(sec.174-ssec.1) This section applies if— a person is convicted of a serious fisheries offence; and the person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.\n(sec.174-ssec.2) If the court convicting the person considers it necessary to stop the person from committing further serious fisheries offences, the court may make an order— prohibiting the person from carrying out a particular activity relating to fishing; or an order prohibiting a person from fishing an order prohibiting a person from possessing fishing apparatus prohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or an order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive any other order the court considers appropriate.\n(sec.174-ssec.3) A person must not contravene an order made under subsection (2) . Maximum penalty—3,000 penalty units or 2 years imprisonment.\n- (a) a person is convicted of a serious fisheries offence; and\n- (b) the person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.\n- (a) prohibiting the person from carrying out a particular activity relating to fishing; or Examples of order under paragraph (a) — • an order prohibiting a person from fishing • an order prohibiting a person from possessing fishing apparatus\n- • an order prohibiting a person from fishing\n- • an order prohibiting a person from possessing fishing apparatus\n- (b) prohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or Example of order under paragraph (b) — an order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive\n- (c) any other order the court considers appropriate.\n- • an order prohibiting a person from fishing\n- • an order prohibiting a person from possessing fishing apparatus","sortOrder":306},{"sectionNumber":"sec.174A","sectionType":"section","heading":"Recovery of particular costs of investigation","content":"### sec.174A Recovery of particular costs of investigation\n\nThis section applies if—\na court convicts a person of an offence against this Act; and\nthe chief executive applies to the court for an order against the person for the payment of particular costs incurred by the State for the investigation of the offence; and\nthe court finds the costs—\nwere not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and\nwere reasonably incurred.\nThe court may order the person to pay the State an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\nIn deciding whether to make the order, the court must have regard to—\nthe extent to which the person’s conduct during the investigation contributed to the costs being incurred; and\nwhether the offence was committed, wholly or partly, for a commercial purpose; and\nany other relevant matter.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\nAn application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.\nAny issue is to be decided on the balance of probabilities.\ns 174A ins 2019 No. 6 s 20\n(sec.174A-ssec.1) This section applies if— a court convicts a person of an offence against this Act; and the chief executive applies to the court for an order against the person for the payment of particular costs incurred by the State for the investigation of the offence; and the court finds the costs— were not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and were reasonably incurred.\n(sec.174A-ssec.2) The court may order the person to pay the State an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\n(sec.174A-ssec.3) In deciding whether to make the order, the court must have regard to— the extent to which the person’s conduct during the investigation contributed to the costs being incurred; and whether the offence was committed, wholly or partly, for a commercial purpose; and any other relevant matter.\n(sec.174A-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.174A-ssec.5) An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.\n(sec.174A-ssec.6) Any issue is to be decided on the balance of probabilities.\n- (a) a court convicts a person of an offence against this Act; and\n- (b) the chief executive applies to the court for an order against the person for the payment of particular costs incurred by the State for the investigation of the offence; and\n- (c) the court finds the costs— (i) were not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and (ii) were reasonably incurred.\n- (i) were not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and\n- (ii) were reasonably incurred.\n- (i) were not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and\n- (ii) were reasonably incurred.\n- (a) the extent to which the person’s conduct during the investigation contributed to the costs being incurred; and\n- (b) whether the offence was committed, wholly or partly, for a commercial purpose; and\n- (c) any other relevant matter.","sortOrder":307},{"sectionNumber":"sec.175","sectionType":"section","heading":"False or misleading information","content":"### sec.175 False or misleading information\n\nA person must not—\nstate anything to the chief executive or an inspector the person knows is false or misleading in a material particular; or\nomit from a statement made to the chief executive or an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—500 penalty units.\nA complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states the statement made was false or misleading to the person’s knowledge.\ns 175 amd 2004 No. 27 s 12\n(sec.175-ssec.1) A person must not— state anything to the chief executive or an inspector the person knows is false or misleading in a material particular; or omit from a statement made to the chief executive or an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.175-ssec.2) A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states the statement made was false or misleading to the person’s knowledge.\n- (a) state anything to the chief executive or an inspector the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to the chief executive or an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":308},{"sectionNumber":"sec.176","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.176 False, misleading or incomplete documents\n\nA person must not give the chief executive or an inspector a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—500 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the chief executive or inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\ngives the correct information to the chief executive or inspector if the person has, or can reasonably obtain, the correct information.\nA complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person’s knowledge.\ns 176 amd 2000 No. 26 s 13 sch 2\n(sec.176-ssec.1) A person must not give the chief executive or an inspector a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—500 penalty units.\n(sec.176-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the chief executive or inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and gives the correct information to the chief executive or inspector if the person has, or can reasonably obtain, the correct information.\n(sec.176-ssec.3) A complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person’s knowledge.\n- (a) informs the chief executive or inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) gives the correct information to the chief executive or inspector if the person has, or can reasonably obtain, the correct information.","sortOrder":309},{"sectionNumber":"sec.177","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.177 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of any of the following—\nanything (including a boat or vehicle) used to commit the offence;\nfisheries resources the subject of the offence or, if the fisheries resources have been sold by the chief executive, the net proceeds of sale;\nanything else the subject of the offence.\nThe court may make an order under subsection (1) in relation to a thing or fisheries resources—\nwhether or not the thing or fisheries resources have been seized under this Act; and\nif the thing or fisheries resources have been seized—whether or not the thing or fisheries resources have been returned to its or their owner.\nThe court may make any order to enforce the forfeiture that it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 177 amd 2000 No. 26 s 13 sch 2\n(sec.177-ssec.1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of any of the following— anything (including a boat or vehicle) used to commit the offence; fisheries resources the subject of the offence or, if the fisheries resources have been sold by the chief executive, the net proceeds of sale; anything else the subject of the offence.\n(sec.177-ssec.2) The court may make an order under subsection (1) in relation to a thing or fisheries resources— whether or not the thing or fisheries resources have been seized under this Act; and if the thing or fisheries resources have been seized—whether or not the thing or fisheries resources have been returned to its or their owner.\n(sec.177-ssec.3) The court may make any order to enforce the forfeiture that it considers appropriate.\n(sec.177-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n- (a) anything (including a boat or vehicle) used to commit the offence;\n- (b) fisheries resources the subject of the offence or, if the fisheries resources have been sold by the chief executive, the net proceeds of sale;\n- (c) anything else the subject of the offence.\n- (a) whether or not the thing or fisheries resources have been seized under this Act; and\n- (b) if the thing or fisheries resources have been seized—whether or not the thing or fisheries resources have been returned to its or their owner.","sortOrder":310},{"sectionNumber":"sec.178","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.178 Dealing with forfeited things\n\nOn the forfeiture of a thing (including net proceeds of sale), the thing becomes the property of the State and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may—\nsell it to its previous owner or a person who had a legal or beneficial interest in it; or\nsell it to anyone else (by auction, tender or otherwise); or\ndestroy it or give it away.\ns 178 amd 2000 No. 26 s 13 sch 2 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.178-ssec.1) On the forfeiture of a thing (including net proceeds of sale), the thing becomes the property of the State and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.178-ssec.2) Without limiting subsection (1) , the chief executive may— sell it to its previous owner or a person who had a legal or beneficial interest in it; or sell it to anyone else (by auction, tender or otherwise); or destroy it or give it away.\n- (a) sell it to its previous owner or a person who had a legal or beneficial interest in it; or\n- (b) sell it to anyone else (by auction, tender or otherwise); or\n- (c) destroy it or give it away.","sortOrder":311},{"sectionNumber":"sec.179","sectionType":"section","heading":"Compensation","content":"### sec.179 Compensation\n\nA person may claim compensation from the chief executive if the person incurs loss or expense because of the exercise or purported exercise of a power under this part.\nPayment of compensation may be claimed and ordered in a proceeding for—\ncompensation brought in a court of competent jurisdiction; or\nan offence against this Act brought against the person making the claim for compensation.\nA court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\nHowever, the court may not order payment of compensation for the lawful seizure, or lawful seizure and forfeiture, of anything under this part.\ns 179 amd 2000 No. 26 s 13 sch 2\n(sec.179-ssec.1) A person may claim compensation from the chief executive if the person incurs loss or expense because of the exercise or purported exercise of a power under this part.\n(sec.179-ssec.2) Payment of compensation may be claimed and ordered in a proceeding for— compensation brought in a court of competent jurisdiction; or an offence against this Act brought against the person making the claim for compensation.\n(sec.179-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.179-ssec.4) However, the court may not order payment of compensation for the lawful seizure, or lawful seizure and forfeiture, of anything under this part.\n- (a) compensation brought in a court of competent jurisdiction; or\n- (b) an offence against this Act brought against the person making the claim for compensation.","sortOrder":312},{"sectionNumber":"sec.180","sectionType":"section","heading":"Inspector to give notice of damage","content":"### sec.180 Inspector to give notice of damage\n\nAn inspector who, in the exercise or purported exercise of a power under this part, damages anything must immediately give written notice of the particulars of the damage.\nThe notice must be given to—\nfor damage to a boat or vehicle or a thing in a boat or vehicle—the person in control of the boat or vehicle; or\nfor damage to anything else—the person who appears to the inspector to be the owner of the thing.\nIf, for any reason, it is not practicable to comply with subsection (2) , the inspector must—\nleave the notice in the place where the damage happened; and\nensure the notice is left in a reasonably secure way and in a conspicuous position.\nThis section does not apply to a police officer.\ns 180 amd 2000 No. 5 s 373 sch 3 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.180-ssec.1) An inspector who, in the exercise or purported exercise of a power under this part, damages anything must immediately give written notice of the particulars of the damage.\n(sec.180-ssec.2) The notice must be given to— for damage to a boat or vehicle or a thing in a boat or vehicle—the person in control of the boat or vehicle; or for damage to anything else—the person who appears to the inspector to be the owner of the thing.\n(sec.180-ssec.3) If, for any reason, it is not practicable to comply with subsection (2) , the inspector must— leave the notice in the place where the damage happened; and ensure the notice is left in a reasonably secure way and in a conspicuous position.\n(sec.180-ssec.4) This section does not apply to a police officer.\n- (a) for damage to a boat or vehicle or a thing in a boat or vehicle—the person in control of the boat or vehicle; or\n- (b) for damage to anything else—the person who appears to the inspector to be the owner of the thing.\n- (a) leave the notice in the place where the damage happened; and\n- (b) ensure the notice is left in a reasonably secure way and in a conspicuous position.","sortOrder":313},{"sectionNumber":"sec.181","sectionType":"section","heading":"Consent to entry","content":"### sec.181 Consent to entry\n\nThis section applies if an inspector intends to seek the consent of an occupier of a place to an inspector entering the place under this part.\nThis section also applies if an inspector intends to seek the consent of the owner or person in control of an unattended boat to an inspector entering a secured part of the boat under this part.\nBefore seeking the consent, the inspector must inform the occupier, owner or other person (the person )—\nof the purpose of the search; and\nthat anything seized during the search may be used in evidence in court; and\nthat the person is not required to consent.\nIf the consent is given, the inspector may ask the person to sign an acknowledgement of the consent.\nThe acknowledgement must—\nstate the person was informed—\nof the purpose of the search; and\nthat anything seized during the search may be used in evidence in court; and\nthat the person was not required to consent; and\nstate the person gave the inspector consent under this part—\nto enter the place or secured part of the boat; and\nto exercise powers under this Act; and\nstate the time and date the consent was given.\nIf the person signs an acknowledgement of consent, the inspector must immediately give a copy to the person.\n(sec.181-ssec.1) This section applies if an inspector intends to seek the consent of an occupier of a place to an inspector entering the place under this part.\n(sec.181-ssec.2) This section also applies if an inspector intends to seek the consent of the owner or person in control of an unattended boat to an inspector entering a secured part of the boat under this part.\n(sec.181-ssec.3) Before seeking the consent, the inspector must inform the occupier, owner or other person (the person )— of the purpose of the search; and that anything seized during the search may be used in evidence in court; and that the person is not required to consent.\n(sec.181-ssec.4) If the consent is given, the inspector may ask the person to sign an acknowledgement of the consent.\n(sec.181-ssec.5) The acknowledgement must— state the person was informed— of the purpose of the search; and that anything seized during the search may be used in evidence in court; and that the person was not required to consent; and state the person gave the inspector consent under this part— to enter the place or secured part of the boat; and to exercise powers under this Act; and state the time and date the consent was given.\n(sec.181-ssec.6) If the person signs an acknowledgement of consent, the inspector must immediately give a copy to the person.\n- (a) of the purpose of the search; and\n- (b) that anything seized during the search may be used in evidence in court; and\n- (c) that the person is not required to consent.\n- (a) state the person was informed— (i) of the purpose of the search; and (ii) that anything seized during the search may be used in evidence in court; and (iii) that the person was not required to consent; and\n- (i) of the purpose of the search; and\n- (ii) that anything seized during the search may be used in evidence in court; and\n- (iii) that the person was not required to consent; and\n- (b) state the person gave the inspector consent under this part— (i) to enter the place or secured part of the boat; and (ii) to exercise powers under this Act; and\n- (i) to enter the place or secured part of the boat; and\n- (ii) to exercise powers under this Act; and\n- (c) state the time and date the consent was given.\n- (i) of the purpose of the search; and\n- (ii) that anything seized during the search may be used in evidence in court; and\n- (iii) that the person was not required to consent; and\n- (i) to enter the place or secured part of the boat; and\n- (ii) to exercise powers under this Act; and","sortOrder":314},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Use of body-worn cameras","content":"### sec.181A Use of body-worn cameras\n\nIt is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this part.\nUse of a body-worn camera by an inspector under subsection (1) includes use that is—\ninadvertent or unexpected; or\nincidental to use while exercising the inspector’s power.\nSubsection (1) does not affect an ability the inspector has at common law or under fisheries legislation or another Act to record images or sounds.\nTo remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\ns 181A ins 2019 No. 6 s 21\n(sec.181A-ssec.1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this part.\n(sec.181A-ssec.2) Use of a body-worn camera by an inspector under subsection (1) includes use that is— inadvertent or unexpected; or incidental to use while exercising the inspector’s power.\n(sec.181A-ssec.3) Subsection (1) does not affect an ability the inspector has at common law or under fisheries legislation or another Act to record images or sounds.\n(sec.181A-ssec.4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n- (a) inadvertent or unexpected; or\n- (b) incidental to use while exercising the inspector’s power.","sortOrder":315},{"sectionNumber":"sec.182","sectionType":"section","heading":"Obstructing inspector","content":"### sec.182 Obstructing inspector\n\nA person must not obstruct an inspector in a way that prevents the inspector from exercising a power unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an inspector in the way mentioned in subsection (1) and the inspector decides to proceed with the exercise of the power, the inspector must, if practicable, warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes—\nto assault, hinder, resist, abuse or intimidate; and\nto attempt or threaten to obstruct.\ns 182 amd 2004 No. 27 s 13\nsub 2024 No. 17 s 154\n(sec.182-ssec.1) A person must not obstruct an inspector in a way that prevents the inspector from exercising a power unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.182-ssec.2) If a person has obstructed an inspector in the way mentioned in subsection (1) and the inspector decides to proceed with the exercise of the power, the inspector must, if practicable, warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n(sec.182-ssec.3) In this section— obstruct includes— to assault, hinder, resist, abuse or intimidate; and to attempt or threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.\n- (a) to assault, hinder, resist, abuse or intimidate; and\n- (b) to attempt or threaten to obstruct.","sortOrder":316},{"sectionNumber":"sec.183","sectionType":"section","heading":"Impersonation of inspector","content":"### sec.183 Impersonation of inspector\n\nA person must not pretend to be an inspector.\nMaximum penalty—1,000 penalty units.","sortOrder":317},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":318},{"sectionNumber":"sec.184","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.184 Evidentiary provisions\n\nThis section applies to a proceeding under this Act or other fisheries legislation.\nThe power of an inspector to do anything under this Act must be presumed unless a party, by reasonable notice, requires proof of the inspector’s power.\nA signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.\nA certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter—\na stated document is—\nan authority or a copy of an authority; or\nan order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or\na notice, or a copy of a notice, given under this Act; or\na record, or a copy of a record, kept under this Act; or\na document, or a copy of a document, kept under this Act; or\na decision, or a copy of a decision, made by the chief executive, under the Planning Act ;\non a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority;\na stated authority was or was not in force on a stated day or during a stated period;\non a stated day, an authority—\nwas suspended for a stated period; or\nwas cancelled;\non a stated day, a stated person was given a stated notice, order, requirement or direction under this Act;\na stated fee or other amount is payable by a stated person to the chief executive and has not been paid;\nanything else prescribed by regulation.\nA certificate signed by a person mentioned in subsection (3) stating that the person used stated equipment to retrieve data, sent from the approved vessel tracking equipment for a stated boat, that recorded the equipment’s position to be at a stated place at a stated time on a stated day is evidence that the boat was at the place at the time on the day.\nA single certificate may be issued for data sent at more than 1 time on a day or on more than 1 day.\nAn inspector signs a certificate stating that, on 21 January 2004, the inspector, using ABC equipment retrieved data, sent from the approved vessel tracking equipment for XYZ boat, that recorded the equipment’s position to be—\nat latitude 24º33'07\" south and longitude 152º57'25\" east at 9.30a.m. on 1 January 2002; and\nat latitude 24º28'00\" south and longitude 152º55'32\" east at 12.45p.m. on 5 January 2002.\nThe inspector’s certificate is evidence the XYZ boat was at the places stated in paragraphs (a) and (b) at the times and on the days stated.\nIf it is relevant to establish a person took fish, evidence that the person possessed the fish at any time is evidence that the person took the fish.\ns 184 amd 1997 No. 73 s 32 ; 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 40 ; 2019 No. 6 s 62 ; 2024 No. 17 s 155\n(sec.184-ssec.1) This section applies to a proceeding under this Act or other fisheries legislation.\n(sec.184-ssec.2) The power of an inspector to do anything under this Act must be presumed unless a party, by reasonable notice, requires proof of the inspector’s power.\n(sec.184-ssec.3) A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.\n(sec.184-ssec.4) A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— a stated document is— an authority or a copy of an authority; or an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; or a decision, or a copy of a decision, made by the chief executive, under the Planning Act ; on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority; a stated authority was or was not in force on a stated day or during a stated period; on a stated day, an authority— was suspended for a stated period; or was cancelled; on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; a stated fee or other amount is payable by a stated person to the chief executive and has not been paid; anything else prescribed by regulation.\n(sec.184-ssec.5) A certificate signed by a person mentioned in subsection (3) stating that the person used stated equipment to retrieve data, sent from the approved vessel tracking equipment for a stated boat, that recorded the equipment’s position to be at a stated place at a stated time on a stated day is evidence that the boat was at the place at the time on the day.\n(sec.184-ssec.6) A single certificate may be issued for data sent at more than 1 time on a day or on more than 1 day. An inspector signs a certificate stating that, on 21 January 2004, the inspector, using ABC equipment retrieved data, sent from the approved vessel tracking equipment for XYZ boat, that recorded the equipment’s position to be— at latitude 24º33'07\" south and longitude 152º57'25\" east at 9.30a.m. on 1 January 2002; and at latitude 24º28'00\" south and longitude 152º55'32\" east at 12.45p.m. on 5 January 2002. The inspector’s certificate is evidence the XYZ boat was at the places stated in paragraphs (a) and (b) at the times and on the days stated.\n(sec.184-ssec.7) If it is relevant to establish a person took fish, evidence that the person possessed the fish at any time is evidence that the person took the fish.\n- (a) a stated document is— (i) an authority or a copy of an authority; or (ii) an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or (iii) a notice, or a copy of a notice, given under this Act; or (iv) a record, or a copy of a record, kept under this Act; or (v) a document, or a copy of a document, kept under this Act; or (vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act ;\n- (i) an authority or a copy of an authority; or\n- (ii) an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or\n- (iii) a notice, or a copy of a notice, given under this Act; or\n- (iv) a record, or a copy of a record, kept under this Act; or\n- (v) a document, or a copy of a document, kept under this Act; or\n- (vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act ;\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority;\n- (c) a stated authority was or was not in force on a stated day or during a stated period;\n- (d) on a stated day, an authority— (i) was suspended for a stated period; or (ii) was cancelled;\n- (i) was suspended for a stated period; or\n- (ii) was cancelled;\n- (e) on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act;\n- (f) a stated fee or other amount is payable by a stated person to the chief executive and has not been paid;\n- (g) anything else prescribed by regulation.\n- (i) an authority or a copy of an authority; or\n- (ii) an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or\n- (iii) a notice, or a copy of a notice, given under this Act; or\n- (iv) a record, or a copy of a record, kept under this Act; or\n- (v) a document, or a copy of a document, kept under this Act; or\n- (vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act ;\n- (i) was suspended for a stated period; or\n- (ii) was cancelled;\n- (a) at latitude 24º33'07\" south and longitude 152º57'25\" east at 9.30a.m. on 1 January 2002; and\n- (b) at latitude 24º28'00\" south and longitude 152º55'32\" east at 12.45p.m. on 5 January 2002.","sortOrder":319},{"sectionNumber":"sec.184A","sectionType":"section","heading":"Proof of appointment unnecessary","content":"### sec.184A Proof of appointment unnecessary\n\nFor a proceeding for an offence against this Act, the appointment of the following persons must be presumed unless the contrary is proved—\nthe chief executive;\nan inspector;\nan officer, or the holder of an office, to whom a function of the chief executive to give a notice or approve a form is delegated.\ns 184A ins 2024 No. 17 s 156\n- (a) the chief executive;\n- (b) an inspector;\n- (c) an officer, or the holder of an office, to whom a function of the chief executive to give a notice or approve a form is delegated.","sortOrder":320},{"sectionNumber":"pt.9","sectionType":"part","heading":"Interstate agreements","content":"# Interstate agreements","sortOrder":321},{"sectionNumber":"sec.185","sectionType":"section","heading":"Power to enter into agreements","content":"### sec.185 Power to enter into agreements\n\nThe Minister may enter into an agreement with a Minister administering a law of another State about fishing, fisheries resources or fish habitat, for the purpose of cooperation in achieving the purposes of this Act or the purposes (however called) of the law of the other State.\nThe agreement may provide for—\nthe exercise of powers under this Act in the other State; and\nthe exercise in Queensland of powers under the law of the other State; and\nthe exchange of information between the Minister and the Minister of the other State about—\nany action taken under this Act or the law of the other State in relation to fishing, fisheries resources or fish habitat; and\nany information in relation to fishing, fisheries resources or fish habitat obtained under this Act or the law of the other State, other than confidential information.\nIn this section—\nconfidential information means information the confidentiality of which must be maintained under an Act, or a law of the Commonwealth or another State.\ns 185 sub 2009 No. 24 s 517\namd 2016 No. 27 s 255\nsub 2019 No. 6 s 63\n(sec.185-ssec.1) The Minister may enter into an agreement with a Minister administering a law of another State about fishing, fisheries resources or fish habitat, for the purpose of cooperation in achieving the purposes of this Act or the purposes (however called) of the law of the other State.\n(sec.185-ssec.2) The agreement may provide for— the exercise of powers under this Act in the other State; and the exercise in Queensland of powers under the law of the other State; and the exchange of information between the Minister and the Minister of the other State about— any action taken under this Act or the law of the other State in relation to fishing, fisheries resources or fish habitat; and any information in relation to fishing, fisheries resources or fish habitat obtained under this Act or the law of the other State, other than confidential information.\n(sec.185-ssec.3) In this section— confidential information means information the confidentiality of which must be maintained under an Act, or a law of the Commonwealth or another State.\n- (a) the exercise of powers under this Act in the other State; and\n- (b) the exercise in Queensland of powers under the law of the other State; and\n- (c) the exchange of information between the Minister and the Minister of the other State about— (i) any action taken under this Act or the law of the other State in relation to fishing, fisheries resources or fish habitat; and (ii) any information in relation to fishing, fisheries resources or fish habitat obtained under this Act or the law of the other State, other than confidential information.\n- (i) any action taken under this Act or the law of the other State in relation to fishing, fisheries resources or fish habitat; and\n- (ii) any information in relation to fishing, fisheries resources or fish habitat obtained under this Act or the law of the other State, other than confidential information.\n- (i) any action taken under this Act or the law of the other State in relation to fishing, fisheries resources or fish habitat; and\n- (ii) any information in relation to fishing, fisheries resources or fish habitat obtained under this Act or the law of the other State, other than confidential information.","sortOrder":322},{"sectionNumber":"sec.186","sectionType":"section","heading":"Reciprocal powers","content":"### sec.186 Reciprocal powers\n\nThis section has effect in relation to another State if—\nthe Minister has entered into an agreement under section 185 with a Minister of the other State; and\na law of the other State contains a provision corresponding, or substantially corresponding, to this section.\nTo the extent envisaged by the agreement—\nan inspector may, in Queensland or the other State, exercise a power in relation to a fisheries matter that is conferred on—\ninspectors under this Act; or\ninterstate officers under a law of the other State; and\nan interstate officer may, in Queensland or the other State, exercise a power in relation to a fisheries matter that is conferred on—\ninterstate officers under a law of the other State; or\ninspectors under this Act.\nAnything done or omitted to be done by an inspector under subsection (2) (a) is taken to have been done under this Act as well as under the law of the other State.\nA regulation may make provision for the exercise of a power under this section.\nIn this section—\nfisheries matter means fishing, fisheries resources or fish habitat.\ninterstate officer means a person who holds a position, however called, equivalent to an inspector under a law of the other State.\ns 186 amd 1996 No. 59 s 36 ; 2000 No. 26 s 13 sch 2\nsub 2009 No. 24 s 517\namd 2009 No. 48 s 147\nsub 2019 No. 6 s 63\n(sec.186-ssec.1) This section has effect in relation to another State if— the Minister has entered into an agreement under section 185 with a Minister of the other State; and a law of the other State contains a provision corresponding, or substantially corresponding, to this section.\n(sec.186-ssec.2) To the extent envisaged by the agreement— an inspector may, in Queensland or the other State, exercise a power in relation to a fisheries matter that is conferred on— inspectors under this Act; or interstate officers under a law of the other State; and an interstate officer may, in Queensland or the other State, exercise a power in relation to a fisheries matter that is conferred on— interstate officers under a law of the other State; or inspectors under this Act.\n(sec.186-ssec.3) Anything done or omitted to be done by an inspector under subsection (2) (a) is taken to have been done under this Act as well as under the law of the other State.\n(sec.186-ssec.4) A regulation may make provision for the exercise of a power under this section.\n(sec.186-ssec.5) In this section— fisheries matter means fishing, fisheries resources or fish habitat. interstate officer means a person who holds a position, however called, equivalent to an inspector under a law of the other State.\n- (a) the Minister has entered into an agreement under section 185 with a Minister of the other State; and\n- (b) a law of the other State contains a provision corresponding, or substantially corresponding, to this section.\n- (a) an inspector may, in Queensland or the other State, exercise a power in relation to a fisheries matter that is conferred on— (i) inspectors under this Act; or (ii) interstate officers under a law of the other State; and\n- (i) inspectors under this Act; or\n- (ii) interstate officers under a law of the other State; and\n- (b) an interstate officer may, in Queensland or the other State, exercise a power in relation to a fisheries matter that is conferred on— (i) interstate officers under a law of the other State; or (ii) inspectors under this Act.\n- (i) interstate officers under a law of the other State; or\n- (ii) inspectors under this Act.\n- (i) inspectors under this Act; or\n- (ii) interstate officers under a law of the other State; and\n- (i) interstate officers under a law of the other State; or\n- (ii) inspectors under this Act.","sortOrder":323},{"sectionNumber":"pt.10","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":324},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":325},{"sectionNumber":"sec.187","sectionType":"section","heading":"Definitions for part","content":"### sec.187 Definitions for part\n\nIn this part—\naffected person means—\nfor an original decision mentioned in the definition original decision , paragraph (a) —a person who must be given an information notice under this Act for the decision; or\nfor an original decision mentioned in the definition original decision , paragraph (b) —the person of whom the requirement is made; or\nfor an internal review decision—the person who applied for the internal review.\ninternal review , of an original decision, see section 189 (1) .\ninternal review decision means a decision made, or taken to have been made, under section 191 on an application for internal review of an original decision.\noriginal decision means—\na decision for which an information notice must be given under this Act; or\na requirement made by the chief executive under section 118 (1) .\nQCAT information notice , for an internal review decision, means a notice complying with the QCAT Act , section 157 (2) .\ns 187 prev s 187 om 2009 No. 24 s 517\npres s 187 ins 2019 No. 6 s 63\n- (a) for an original decision mentioned in the definition original decision , paragraph (a) —a person who must be given an information notice under this Act for the decision; or\n- (b) for an original decision mentioned in the definition original decision , paragraph (b) —the person of whom the requirement is made; or\n- (c) for an internal review decision—the person who applied for the internal review.\n- (a) a decision for which an information notice must be given under this Act; or\n- (b) a requirement made by the chief executive under section 118 (1) .","sortOrder":326},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":327},{"sectionNumber":"sec.188","sectionType":"section","heading":"Review process must start with internal review","content":"### sec.188 Review process must start with internal review\n\nAn affected person for an original decision may apply to QCAT for a review of the decision only if a decision on an application for internal review of the decision has been made, or taken to have been made, under this division.\ns 188 prev s 188 om 2009 No. 24 s 517\npres s 188 ins 2019 No. 6 s 63","sortOrder":328},{"sectionNumber":"sec.189","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.189 Who may apply for internal review\n\nAn affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review ).\nIf the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.\nA failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.\ns 189 prev s 189 om 2000 No. 26 s 13 sch 2\npres s 189 ins 2019 No. 6 s 63\n(sec.189-ssec.1) An affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review ).\n(sec.189-ssec.2) If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.\n(sec.189-ssec.3) A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.","sortOrder":329},{"sectionNumber":"sec.190","sectionType":"section","heading":"Requirements for application","content":"### sec.190 Requirements for application\n\nAn application for internal review of an original decision must—\nbe in the approved form; and\nfor a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and\nbe made to the chief executive within—\nfor a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\nfor a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\nThe chief executive may, at any time, extend the period within which the application may be made.\nThe application does not affect the operation of the original decision or prevent the decision being implemented.\ns 190 prev s 190 om 2009 No. 24 s 517\npres s 190 ins 2019 No. 6 s 63\n(sec.190-ssec.1) An application for internal review of an original decision must— be in the approved form; and for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and be made to the chief executive within— for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n(sec.190-ssec.2) The chief executive may, at any time, extend the period within which the application may be made.\n(sec.190-ssec.3) The application does not affect the operation of the original decision or prevent the decision being implemented.\n- (a) be in the approved form; and\n- (b) for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and\n- (c) be made to the chief executive within— (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.","sortOrder":330},{"sectionNumber":"sec.191","sectionType":"section","heading":"Internal review","content":"### sec.191 Internal review\n\nThe chief executive must, within 20 days after receiving an application for internal review of an original decision—\nreview the original decision; and\ndecide to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .\nThe chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.\nThe application may be dealt with only by a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nSubsection (3) does not apply to an original decision made by the chief executive personally.\nIf the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.\ns 191 pres s 191 om 2009 No. 24 s 517\npres s 191 ins 2019 No. 6 s 63\n(sec.191-ssec.1) The chief executive must, within 20 days after receiving an application for internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .\n(sec.191-ssec.2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.\n(sec.191-ssec.3) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.191-ssec.4) Subsection (3) does not apply to an original decision made by the chief executive personally.\n(sec.191-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.\n- (a) review the original decision; and\n- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.","sortOrder":331},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"External review","content":"## External review","sortOrder":332},{"sectionNumber":"sec.192","sectionType":"section","heading":"Applying for external review","content":"### sec.192 Applying for external review\n\nThis section applies to a person who must be given a QCAT information notice for an internal review decision.\nThe person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision.\nThe QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.\ns 192 prev s 192 amd 2000 No. 26 s 13 sch 2\nom 2009 No. 24 s 517\npres s 192 ins 2019 No. 6 s 63\n(sec.192-ssec.1) This section applies to a person who must be given a QCAT information notice for an internal review decision.\n(sec.192-ssec.2) The person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision. The QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.","sortOrder":333},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 amd 2000 No. 26 s 13 sch 2\nom 2009 No. 24 s 517","sortOrder":334},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2009 No. 24 s 517","sortOrder":335},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2009 No. 24 s 517","sortOrder":336},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 amd 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 41 ; 2006 No. 28 s 43\nom 2009 No. 24 s 517","sortOrder":337},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 amd 2000 No. 26 s 13 sch 2\nom 2009 No. 24 s 517","sortOrder":338},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 om 2009 No. 24 s 517","sortOrder":339},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 20\nom 2009 No. 24 s 517","sortOrder":340},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 amd 1996 No. 59 s 37\nom 2000 No. 26 s 13 sch 2","sortOrder":341},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 om 1996 No. 59 s 38","sortOrder":342},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 om 1996 No. 59 s 38","sortOrder":343},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 amd 1996 No. 59 s 39 ; 1999 No. 29 s 50 sch\nom 2000 No. 26 s 13 sch 2","sortOrder":344},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 om 2000 No. 26 s 13 sch 2","sortOrder":345},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 om 2000 No. 26 s 13 sch 2","sortOrder":346},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 om 2000 No. 26 s 13 sch 2","sortOrder":347},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 om 2000 No. 26 s 13 sch 2","sortOrder":348},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 om 2000 No. 26 s 13 sch 2","sortOrder":349},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 om 2000 No. 26 s 13 sch 2","sortOrder":350},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 amd 1995 No. 36 s 9 sch 2\nom 2000 No. 26 s 13 sch 2","sortOrder":351},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 om 2000 No. 26 s 13 sch 2","sortOrder":352},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 om 2000 No. 26 s 13 sch 2","sortOrder":353},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 amd 1996 No. 54 s 9 sch\nom 2000 No. 26 s 13 sch 2","sortOrder":354},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 om 2000 No. 26 s 13 sch 2","sortOrder":355},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":356},{"sectionNumber":"sec.215","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.215 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty—half the maximum penalty for committing the offence.\nSection 4 of the Criminal Code applies to subsection (1) .\n(sec.215-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty—half the maximum penalty for committing the offence.\n(sec.215-ssec.2) Section 4 of the Criminal Code applies to subsection (1) .","sortOrder":357},{"sectionNumber":"sec.216","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.216 Responsibility for acts or omissions of representatives\n\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nSubsections (3) and (4) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.\n(sec.216-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n(sec.216-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.216-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.216-ssec.4) An act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.","sortOrder":358},{"sectionNumber":"sec.216A","sectionType":"section","heading":"Immunity from prosecution","content":"### sec.216A Immunity from prosecution\n\nAn inspector is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done—\nunder the direction of the Minister or chief executive; or\nin the exercise of a power or performance of a function under this Act.\nA person acting under the direction of the Minister, chief executive or an inspector is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.\ns 216A ins 2019 No. 6 s 22\namd 2024 No. 17 s 174 (uncommenced amendment)\n(sec.216A-ssec.1) An inspector is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done— under the direction of the Minister or chief executive; or in the exercise of a power or performance of a function under this Act.\n(sec.216A-ssec.2) A person acting under the direction of the Minister, chief executive or an inspector is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.\n- (a) under the direction of the Minister or chief executive; or\n- (b) in the exercise of a power or performance of a function under this Act.","sortOrder":359},{"sectionNumber":"sec.217","sectionType":"section","heading":"Protection from liability","content":"### sec.217 Protection from liability\n\nIn this section—\nofficial means—\nthe chief executive; or\nan officer or employee of the department; or\nan inspector; or\na person helping an inspector at the inspector’s direction.\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.\ns 217 amd 2000 No. 26 s 13 sch 2 ; 2020 No. 3 s 136 sch 1\namd 2024 No. 17 s 175 (uncommenced amendment)\n(sec.217-ssec.1) In this section— official means— the chief executive; or an officer or employee of the department; or an inspector; or a person helping an inspector at the inspector’s direction.\n(sec.217-ssec.2) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.217-ssec.3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n- (a) the chief executive; or\n- (b) an officer or employee of the department; or\n- (c) an inspector; or\n- (d) a person helping an inspector at the inspector’s direction.","sortOrder":360},{"sectionNumber":"sec.217A","sectionType":"section","heading":"Exchange of information with prescribed government entity","content":"### sec.217A Exchange of information with prescribed government entity\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a prescribed government entity for the purpose of sharing or exchanging information—\nheld by the chief executive or the prescribed government entity; or\nto which the chief executive or the prescribed government entity has access.\nAn information-sharing arrangement may relate only to information that helps—\nthe chief executive or an inspector perform functions under this Act; or\nthe prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.\nUnder an information-sharing arrangement, the chief executive and the prescribed government entity are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nHowever, the information may be used by the chief executive or the prescribed government entity only for the purpose for which it was given under the arrangement.\nIn this section—\nprescribed government entity means—\nthe chief executive of a department; or\nan entity of, or representing, the Commonwealth or another State.\ns 217A ins 2004 No. 27 s 14\nsub 2019 No. 6 s 23\n(sec.217A-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a prescribed government entity for the purpose of sharing or exchanging information— held by the chief executive or the prescribed government entity; or to which the chief executive or the prescribed government entity has access.\n(sec.217A-ssec.2) An information-sharing arrangement may relate only to information that helps— the chief executive or an inspector perform functions under this Act; or the prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.\n(sec.217A-ssec.3) Under an information-sharing arrangement, the chief executive and the prescribed government entity are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.217A-ssec.4) However, the information may be used by the chief executive or the prescribed government entity only for the purpose for which it was given under the arrangement.\n(sec.217A-ssec.5) In this section— prescribed government entity means— the chief executive of a department; or an entity of, or representing, the Commonwealth or another State.\n- (a) held by the chief executive or the prescribed government entity; or\n- (b) to which the chief executive or the prescribed government entity has access.\n- (a) the chief executive or an inspector perform functions under this Act; or\n- (b) the prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive of a department; or\n- (b) an entity of, or representing, the Commonwealth or another State.","sortOrder":361},{"sectionNumber":"sec.217B","sectionType":"section","heading":"Confidentiality of information","content":"### sec.217B Confidentiality of information\n\nThis section applies to a person who—\nis, or has been, any of the following—\nthe chief executive;\nan inspector;\na public service employee;\na local government or prescribed entity;\nan officer or employee of a local government or prescribed entity;\nan officer or employee of the Commonwealth or another State;\na person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and\nobtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\nThe person must not use or disclose the confidential information unless the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—50 penalty units.\nIn this section—\nconfidential information —\nmeans any information that—\ncould identify an individual; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\nprescribed entity means an entity prescribed under—\nsection 222 (1) (b) ; or\nsection 21 (1) (c) , as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 .\ns 217B ins 2019 No. 6 s 23\namd 2024 No. 17 s 176 (uncommenced amendment)\n(sec.217B-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; a public service employee; a local government or prescribed entity; an officer or employee of a local government or prescribed entity; an officer or employee of the Commonwealth or another State; a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\n(sec.217B-ssec.2) The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units.\n(sec.217B-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. prescribed entity means an entity prescribed under— section 222 (1) (b) ; or section 21 (1) (c) , as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 . s 217B ins 2019 No. 6 s 23 amd 2024 No. 17 s 176 (uncommenced amendment)\n- (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) a public service employee; (iv) a local government or prescribed entity; (v) an officer or employee of a local government or prescribed entity; (vi) an officer or employee of the Commonwealth or another State; (vii) a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) a public service employee;\n- (iv) a local government or prescribed entity;\n- (v) an officer or employee of a local government or prescribed entity;\n- (vi) an officer or employee of the Commonwealth or another State;\n- (vii) a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and\n- (b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) a public service employee;\n- (iv) a local government or prescribed entity;\n- (v) an officer or employee of a local government or prescribed entity;\n- (vi) an officer or employee of the Commonwealth or another State;\n- (vii) a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) means any information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) section 222 (1) (b) ; or\n- (b) section 21 (1) (c) , as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 .","sortOrder":362},{"sectionNumber":"sec.218","sectionType":"section","heading":"Identification of boundaries","content":"### sec.218 Identification of boundaries\n\nIf, under this Act, a place or area is prescribed by regulation or is specified in another way under this Act or in a document issued under this Act, the boundaries of the place or area may be described—\nby reference to posts, stakes, buoys, marks or natural features; or\nby reference to points or areas identified from satellite navigation data, latitude or longitude or map grid references; or\nin another way that is reasonably adequate to identify the place or area.\ns 218 amd 2019 No. 6 s 3 sch 1\n- (a) by reference to posts, stakes, buoys, marks or natural features; or\n- (b) by reference to points or areas identified from satellite navigation data, latitude or longitude or map grid references; or\n- (c) in another way that is reasonably adequate to identify the place or area.","sortOrder":363},{"sectionNumber":"sec.219","sectionType":"section","heading":"Holder of authority responsible for ensuring Act complied with","content":"### sec.219 Holder of authority responsible for ensuring Act complied with\n\nThe holder of an authority must ensure that everyone acting under the authority complies with this Act.\nIf another person acting under the authority commits an offence against a provision of this Act, the holder of the authority also commits an offence, namely, the offence of failing to ensure the other person complied with the provision.\nMaximum penalty—the penalty prescribed for contravention of the provision.\nEvidence that the other person has been convicted of an offence against the provision while acting under the authority is evidence that the holder of the authority committed the offence of failing to ensure the other person complied with the provision.\nHowever, it is a defence for the holder of the authority to prove—\nthe holder issued appropriate instructions and used all reasonable precautions to ensure compliance with this Act; and\nthe offence was committed without the holder’s knowledge; and\nthe holder could not by the exercise of reasonable diligence have stopped the commission of the offence.\n(sec.219-ssec.1) The holder of an authority must ensure that everyone acting under the authority complies with this Act.\n(sec.219-ssec.2) If another person acting under the authority commits an offence against a provision of this Act, the holder of the authority also commits an offence, namely, the offence of failing to ensure the other person complied with the provision. Maximum penalty—the penalty prescribed for contravention of the provision.\n(sec.219-ssec.3) Evidence that the other person has been convicted of an offence against the provision while acting under the authority is evidence that the holder of the authority committed the offence of failing to ensure the other person complied with the provision.\n(sec.219-ssec.4) However, it is a defence for the holder of the authority to prove— the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with this Act; and the offence was committed without the holder’s knowledge; and the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.\n- (a) the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with this Act; and\n- (b) the offence was committed without the holder’s knowledge; and\n- (c) the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.","sortOrder":364},{"sectionNumber":"sec.219A","sectionType":"section","heading":null,"content":"### Section sec.219A\n\ns 219A ins 2003 No. 82 s 42\nom 2013 No. 51 s 50","sortOrder":365},{"sectionNumber":"sec.220","sectionType":"section","heading":"Summary offences and indictable offences","content":"### sec.220 Summary offences and indictable offences\n\nAn offence against this Act other than section 89C is a summary offence.\nAn offence against section 89C is a misdemeanour.\ns 220 sub 2019 No. 6 s 64\n(sec.220-ssec.1) An offence against this Act other than section 89C is a summary offence.\n(sec.220-ssec.2) An offence against section 89C is a misdemeanour.","sortOrder":366},{"sectionNumber":"sec.220A","sectionType":"section","heading":"Proceedings for summary offences","content":"### sec.220A Proceedings for summary offences\n\nA summary proceeding under the Justices Act 1886 for a summary offence against this Act must start within whichever of the following periods ends later—\n1 year after the commission of the offence;\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\ns 220A ins 2019 No. 6 s 64\n- (a) 1 year after the commission of the offence;\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":367},{"sectionNumber":"sec.220B","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.220B Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of a summary proceeding under the Justices Act 1886 ; or\non indictment.\nHowever, a magistrate must not hear an indictable offence against this Act summarily if the magistrate is satisfied, on application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\ns 220B ins 2019 No. 6 s 64\n(sec.220B-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of a summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.220B-ssec.2) However, a magistrate must not hear an indictable offence against this Act summarily if the magistrate is satisfied, on application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\n(sec.220B-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n- (a) by way of a summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":368},{"sectionNumber":"sec.221","sectionType":"section","heading":"Inspector not to have interest in authority","content":"### sec.221 Inspector not to have interest in authority\n\nAn inspector must not hold or have an interest in an authority.\nMaximum penalty—500 penalty units.\nThis section does not apply to an authority prescribed by regulation or in circumstances prescribed by regulation.\ns 221 amd 2019 No. 6 s 3 sch 1\namd 2024 No. 17 s 177 (uncommenced amendment)\n(sec.221-ssec.1) An inspector must not hold or have an interest in an authority. Maximum penalty—500 penalty units.\n(sec.221-ssec.2) This section does not apply to an authority prescribed by regulation or in circumstances prescribed by regulation.","sortOrder":369},{"sectionNumber":"sec.221A","sectionType":"section","heading":"Approved forms","content":"### sec.221A Approved forms\n\nThe chief executive may approve forms for use under this Act, other than for part 9 .\ns 221A ins 2002 No. 49 s 20","sortOrder":370},{"sectionNumber":"sec.222","sectionType":"section","heading":"Delegations","content":"### sec.222 Delegations\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified—\npublic service employee; or\nofficer or employee of a local government or an entity prescribed by regulation; or\nofficer or employee of the Commonwealth or another State.\nIf a function of the chief executive is delegated to an officer or employee of an entity, the officer or employee may subdelegate the function to another appropriately qualified officer or employee of the same entity.\nIn this section—\nfunctions include powers.\ns 222 prev s 222 om 2000 No. 26 s 13 sch 2\npres s 222 ins 2019 No. 6 s 24\n(sec.222-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified— public service employee; or officer or employee of a local government or an entity prescribed by regulation; or officer or employee of the Commonwealth or another State.\n(sec.222-ssec.2) If a function of the chief executive is delegated to an officer or employee of an entity, the officer or employee may subdelegate the function to another appropriately qualified officer or employee of the same entity.\n(sec.222-ssec.3) In this section— functions include powers.\n- (a) public service employee; or\n- (b) officer or employee of a local government or an entity prescribed by regulation; or\n- (c) officer or employee of the Commonwealth or another State.","sortOrder":371},{"sectionNumber":"sec.222A","sectionType":"section","heading":"Electronic notices for authority holders","content":"### sec.222A Electronic notices for authority holders\n\nThe chief executive or an inspector may give a notice or other document to the holder of an authority under this Act by electronic communication to an electronic address of the holder if the holder—\ngave the address to the chief executive for the purpose of communicating with the holder; and\nhas not asked the chief executive to discontinue use of the address.\nan email address or mobile phone number\nThis section does not limit the Electronic Transactions (Queensland) Act 2001 .\ns 222A ins 2019 No. 6 s 24\n(sec.222A-ssec.1) The chief executive or an inspector may give a notice or other document to the holder of an authority under this Act by electronic communication to an electronic address of the holder if the holder— gave the address to the chief executive for the purpose of communicating with the holder; and has not asked the chief executive to discontinue use of the address. an email address or mobile phone number\n(sec.222A-ssec.2) This section does not limit the Electronic Transactions (Queensland) Act 2001 .\n- (a) gave the address to the chief executive for the purpose of communicating with the holder; and\n- (b) has not asked the chief executive to discontinue use of the address.","sortOrder":372},{"sectionNumber":"sec.223","sectionType":"section","heading":"Regulation-making power","content":"### sec.223 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe matters for the management of any of the following—\na fishery;\na fish habitat;\na declared fish habitat area;\na fish way;\nfisheries resources;\naquaculture; or\nprovide for the protection of things that are not fish; or\nA regulation may regulate taking or possessing fish in an area to protect dugong in the area.\nprescribe the fees payable under this Act; or\nstate, for the Planning Act , the types of development applications, and change applications, relating to fisheries development that is building work that do not require referral to a referral agency under that Act ; or\ncreate offences and prescribe penalties of not more than 100 penalty units for each offence; or\nprescribe circumstances in which an act or omission that is otherwise an offence under this Act is not an offence.\nIn this section—\nchange application —\nmeans a change application under the Planning Act ; but\ndoes not include a change application for a minor change to a development approval, as defined in that Act .\ns 223 amd 2003 No. 82 s 43 ; 2016 No. 27 s 256 ; 2019 No. 6 s 65\n(sec.223-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.223-ssec.2) A regulation may— prescribe matters for the management of any of the following— a fishery; a fish habitat; a declared fish habitat area; a fish way; fisheries resources; aquaculture; or provide for the protection of things that are not fish; or A regulation may regulate taking or possessing fish in an area to protect dugong in the area. prescribe the fees payable under this Act; or state, for the Planning Act , the types of development applications, and change applications, relating to fisheries development that is building work that do not require referral to a referral agency under that Act ; or create offences and prescribe penalties of not more than 100 penalty units for each offence; or prescribe circumstances in which an act or omission that is otherwise an offence under this Act is not an offence.\n(sec.223-ssec.3) In this section— change application — means a change application under the Planning Act ; but does not include a change application for a minor change to a development approval, as defined in that Act .\n- (a) prescribe matters for the management of any of the following— (i) a fishery; (ii) a fish habitat; (iii) a declared fish habitat area; (iv) a fish way; (v) fisheries resources; (vi) aquaculture; or\n- (i) a fishery;\n- (ii) a fish habitat;\n- (iii) a declared fish habitat area;\n- (iv) a fish way;\n- (v) fisheries resources;\n- (vi) aquaculture; or\n- (b) provide for the protection of things that are not fish; or Example for paragraph (b) — A regulation may regulate taking or possessing fish in an area to protect dugong in the area.\n- (c) prescribe the fees payable under this Act; or\n- (d) state, for the Planning Act , the types of development applications, and change applications, relating to fisheries development that is building work that do not require referral to a referral agency under that Act ; or\n- (e) create offences and prescribe penalties of not more than 100 penalty units for each offence; or\n- (f) prescribe circumstances in which an act or omission that is otherwise an offence under this Act is not an offence.\n- (i) a fishery;\n- (ii) a fish habitat;\n- (iii) a declared fish habitat area;\n- (iv) a fish way;\n- (v) fisheries resources;\n- (vi) aquaculture; or\n- (a) means a change application under the Planning Act ; but\n- (b) does not include a change application for a minor change to a development approval, as defined in that Act .","sortOrder":373},{"sectionNumber":"pt.11A","sectionType":"part","heading":null,"content":"","sortOrder":374},{"sectionNumber":"pt.11A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":375},{"sectionNumber":"sec.223A","sectionType":"section","heading":null,"content":"### Section sec.223A\n\ns 223A ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":376},{"sectionNumber":"sec.223B","sectionType":"section","heading":null,"content":"### Section sec.223B\n\ns 223B ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":377},{"sectionNumber":"sec.223C","sectionType":"section","heading":null,"content":"### Section sec.223C\n\ns 223C ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":378},{"sectionNumber":"sec.223D","sectionType":"section","heading":null,"content":"### Section sec.223D\n\ns 223D ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":379},{"sectionNumber":"sec.223E","sectionType":"section","heading":null,"content":"### Section sec.223E\n\ns 223E ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":380},{"sectionNumber":"pt.11A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":381},{"sectionNumber":"sec.223F","sectionType":"section","heading":null,"content":"### Section sec.223F\n\ns 223F ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":382},{"sectionNumber":"pt.11A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":383},{"sectionNumber":"sec.223G","sectionType":"section","heading":null,"content":"### Section sec.223G\n\ns 223G ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":384},{"sectionNumber":"sec.223H","sectionType":"section","heading":null,"content":"### Section sec.223H\n\ns 223H ins 2001 No. 23 s 21\nexp 26 May 2001 (see s 223H)","sortOrder":385},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":386},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transitional references","content":"## Transitional references","sortOrder":387},{"sectionNumber":"sec.224","sectionType":"section","heading":"Application of division","content":"### sec.224 Application of division\n\nThis division applies to references in Acts or documents.\ns 224 amd 1994 No. 87 s 3 sch 2","sortOrder":388},{"sectionNumber":"sec.225","sectionType":"section","heading":"Fisheries Act 1976 references","content":"### sec.225 Fisheries Act 1976 references\n\nA reference to the Fisheries Act 1976 is taken to be a reference to this Act.","sortOrder":389},{"sectionNumber":"sec.226","sectionType":"section","heading":"Fishing Industry Organisation and Marketing Act 1982 references","content":"### sec.226 Fishing Industry Organisation and Marketing Act 1982 references\n\nA reference to the Fishing Industry Organisation and Marketing Act 1982 is taken to be a reference to this Act.","sortOrder":390},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Savings and transitional provisions for Primary Industries and Natural Resources Legislation Amendment Act 2000","content":"## Savings and transitional provisions for Primary Industries and Natural Resources Legislation Amendment Act 2000","sortOrder":391},{"sectionNumber":"sec.227","sectionType":"section","heading":"Definitions for div 2","content":"### sec.227 Definitions for div 2\n\nIn this division—\namending Act means the Primary Industries and Natural Resources Legislation Amendment Act 2000 .\nAuthority means the Queensland Fisheries Management Authority in existence immediately before the commencement.\ncommencement means the commencement of section 5 of the amending Act .\ncontract employee means a person who, immediately before the commencement, was employed by the Authority under a written contract, whether or not for a fixed term.\ns 227 sub 2000 No. 26 s 5","sortOrder":392},{"sectionNumber":"sec.228","sectionType":"section","heading":"Dissolution of Authority","content":"### sec.228 Dissolution of Authority\n\nOn the commencement, the Authority is dissolved and its members go out of office.\ns 228 prev s 228 exp 10 September 1995 (see s 228(2) and 1995 SL No. 56 )\npres s 228 ins 2000 No. 26 s 5","sortOrder":393},{"sectionNumber":"sec.229","sectionType":"section","heading":"Vesting of assets, rights and liabilities","content":"### sec.229 Vesting of assets, rights and liabilities\n\nOn the commencement—\nthe assets, rights and liabilities of the Authority vest in the State; and\nthe State is substituted for the Authority in all contracts to which the Authority is a party.\ns 229 prev s 229 exp 10 March 1995 (see s 229(6) and 1995 SL No. 56 )\npres s 229 ins 2000 No. 26 s 5\n- (a) the assets, rights and liabilities of the Authority vest in the State; and\n- (b) the State is substituted for the Authority in all contracts to which the Authority is a party.","sortOrder":394},{"sectionNumber":"sec.230","sectionType":"section","heading":"Decisions, documents etc. of Authority","content":"### sec.230 Decisions, documents etc. of Authority\n\nA decision or recommendation made, licence, notice or other document made or given, or other action taken, before the commencement, by the Authority is taken to have been made, given or taken by the chief executive.\ns 230 prev s 230 exp 10 March 1995 (see s 230(3) and 1995 SL No. 56 )\npres s 230 ins 2000 No. 26 s 5","sortOrder":395},{"sectionNumber":"sec.231","sectionType":"section","heading":"Legal proceedings","content":"### sec.231 Legal proceedings\n\nA legal proceeding that could have been started or continued by or against the Authority before the commencement may be started or continued by or against the State.\ns 231 prev s 231 exp 10 March 1995 (see s 231(3) and 1995 SL No. 56 )\npres s 231 ins 2000 No. 26 s 5","sortOrder":396},{"sectionNumber":"sec.232","sectionType":"section","heading":"References to Authority","content":"### sec.232 References to Authority\n\nA reference in an Act or document in existence immediately before the commencement to the Authority is—\nif the reference is to the ownership or vesting of property in the Authority—a reference to the State; and\notherwise—a reference to the chief executive.\ns 232 prev s 232 exp 10 March 1995 (see s 232(2) and 1995 SL No. 56 )\npres s 232 ins 2000 No. 26 s 5\n- (a) if the reference is to the ownership or vesting of property in the Authority—a reference to the State; and\n- (b) otherwise—a reference to the chief executive.","sortOrder":397},{"sectionNumber":"sec.233","sectionType":"section","heading":"Duty to register transfer of property","content":"### sec.233 Duty to register transfer of property\n\nThe registrar of titles and all persons who keep registers of dealings in property must, if asked by the State, make in the register all entries necessary to record the vesting of stated properties in the State by this division.\nThe request is not liable to fees.\ns 233 prev s 233 exp 10 March 1995 (see s 233(3) and 1995 SL No. 56 )\npres s 233 ins 2000 No. 26 s 5\n(sec.233-ssec.1) The registrar of titles and all persons who keep registers of dealings in property must, if asked by the State, make in the register all entries necessary to record the vesting of stated properties in the State by this division.\n(sec.233-ssec.2) The request is not liable to fees.","sortOrder":398},{"sectionNumber":"sec.234","sectionType":"section","heading":"Employees of the Authority","content":"### sec.234 Employees of the Authority\n\nOn the commencement, a person who, immediately before the commencement, was an employee of the Authority—\nbecomes a public service employee; and\nhas a right to a salary or wage rate not lower than the person’s salary or wage rate immediately before the commencement.\nFor subsection (1)(a)—\na person who, immediately before the commencement was a permanent employee of the Authority is taken to be a public service officer; and\na person who, immediately before the commencement was a temporary employee of the Authority is taken to be a temporary employee; and\na person who, immediately before the commencement was a casual employee of the Authority is taken to be a temporary employee on a casual basis.\nThis section does not apply to a contract employee.\ns 234 prev s 234 exp 10 March 1995 (see s 234(2) and 1995 SL No. 56 )\npres s 234 ins 2000 No. 26 s 5\n(sec.234-ssec.1) On the commencement, a person who, immediately before the commencement, was an employee of the Authority— becomes a public service employee; and has a right to a salary or wage rate not lower than the person’s salary or wage rate immediately before the commencement.\n(sec.234-ssec.2) For subsection (1)(a)— a person who, immediately before the commencement was a permanent employee of the Authority is taken to be a public service officer; and a person who, immediately before the commencement was a temporary employee of the Authority is taken to be a temporary employee; and a person who, immediately before the commencement was a casual employee of the Authority is taken to be a temporary employee on a casual basis.\n(sec.234-ssec.3) This section does not apply to a contract employee.\n- (a) becomes a public service employee; and\n- (b) has a right to a salary or wage rate not lower than the person’s salary or wage rate immediately before the commencement.\n- (a) a person who, immediately before the commencement was a permanent employee of the Authority is taken to be a public service officer; and\n- (b) a person who, immediately before the commencement was a temporary employee of the Authority is taken to be a temporary employee; and\n- (c) a person who, immediately before the commencement was a casual employee of the Authority is taken to be a temporary employee on a casual basis.","sortOrder":399},{"sectionNumber":"sec.235","sectionType":"section","heading":"Contract employees","content":"### sec.235 Contract employees\n\nOn the commencement, a contract employee becomes a public service officer.\nDespite anything in the Public Service Act 1996 —\nthe person continues to be engaged and employed in the department under the terms of the person’s contract with the Authority; and\nto remove doubt, it is declared that, if the person’s employment under the contract is terminated under the terms of the contract, the termination does not affect any rights to compensation to which the person is entitled under the terms of the contract.\nSubject to subsection (2), the person’s contract with the Authority is taken to be a contract under the Public Service Act 1996 , and that Act applies to the contract as if it were a contract for a fixed term under that Act .\nThe Public Service Act 1996 , section 71 , does not apply to the person.\nA reference in the contract to the Authority as the employer under the contract is taken to be a reference to the chief executive.\ns 235 prev s 235 exp 10 March 1996 (see s 235(6) and 1995 SL No. 56 )\npres s 235 ins 2000 No. 26 s 5\n(sec.235-ssec.1) On the commencement, a contract employee becomes a public service officer.\n(sec.235-ssec.2) Despite anything in the Public Service Act 1996 — the person continues to be engaged and employed in the department under the terms of the person’s contract with the Authority; and to remove doubt, it is declared that, if the person’s employment under the contract is terminated under the terms of the contract, the termination does not affect any rights to compensation to which the person is entitled under the terms of the contract.\n(sec.235-ssec.3) Subject to subsection (2), the person’s contract with the Authority is taken to be a contract under the Public Service Act 1996 , and that Act applies to the contract as if it were a contract for a fixed term under that Act .\n(sec.235-ssec.4) The Public Service Act 1996 , section 71 , does not apply to the person.\n(sec.235-ssec.5) A reference in the contract to the Authority as the employer under the contract is taken to be a reference to the chief executive.\n- (a) the person continues to be engaged and employed in the department under the terms of the person’s contract with the Authority; and\n- (b) to remove doubt, it is declared that, if the person’s employment under the contract is terminated under the terms of the contract, the termination does not affect any rights to compensation to which the person is entitled under the terms of the contract.","sortOrder":400},{"sectionNumber":"sec.236","sectionType":"section","heading":"Accrued entitlements","content":"### sec.236 Accrued entitlements\n\nA person who becomes a public service employee under this division keeps all entitlements to recreation, sick, long service and other leave, superannuation and other benefits accrued by the person, immediately before the commencement, as an employee of the Authority.\ns 236 prev s 236 exp 10 March 1995 (see s 236(2) and 1995 SL No. 56 )\npres s 236 ins 2000 No. 26 s 5","sortOrder":401},{"sectionNumber":"sec.237","sectionType":"section","heading":"Industrial instruments","content":"### sec.237 Industrial instruments\n\nIndustrial instruments under the Industrial Relations Act 1999 in force immediately before the commencement, and applying to an employee of the Authority, continue in force under that Act after the commencement and apply to the person as a public service employee.\ns 237 prev s 237 exp 10 March 1995 (see s 237(2) and 1995 SL No. 56 )\npres s 237 ins 2000 No. 26 s 5","sortOrder":402},{"sectionNumber":"sec.238","sectionType":"section","heading":"Amendment of management plan","content":"### sec.238 Amendment of management plan\n\ns 238 orig s 238 exp 10 March 1995 (see s 238(2) and 1995 SL No. 56 )\nprev s 238 ins 2000 No. 26 s 5\nom 2006 No. 28 s 44","sortOrder":403},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provision for Fisheries Amendment Act 2001","content":"## Transitional provision for Fisheries Amendment Act 2001","sortOrder":404},{"sectionNumber":"sec.239","sectionType":"section","heading":"Validation of renewals of expired former authorities","content":"### sec.239 Validation of renewals of expired former authorities\n\nThis section applies if, under former section 58, a fisheries agency renewed, or purported to renew, an expired former authority (other than a permit) that expired before the relevant renewal application was made.\nThe renewal, or purported renewal, is taken to be, and to have always been, validly made under this Act whether or not it could lawfully have been made under former section 58.\nIn this section—\nfisheries agency means the chief executive or the former Queensland Fisheries Management Authority.\nformer section 58 means section 58 of this Act , as in force from time to time before the Fisheries Amendment Act 2001 commenced.\ns 239 prev s 239 exp 10 March 1995 (see s 239(3) and 1995 SL No. 56 )\npres s 239 ins 2001 No. 23 s 22\n(sec.239-ssec.1) This section applies if, under former section 58, a fisheries agency renewed, or purported to renew, an expired former authority (other than a permit) that expired before the relevant renewal application was made.\n(sec.239-ssec.2) The renewal, or purported renewal, is taken to be, and to have always been, validly made under this Act whether or not it could lawfully have been made under former section 58.\n(sec.239-ssec.3) In this section— fisheries agency means the chief executive or the former Queensland Fisheries Management Authority. former section 58 means section 58 of this Act , as in force from time to time before the Fisheries Amendment Act 2001 commenced.","sortOrder":405},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Transitional provisions for Primary Industries and Other Legislation Amendment Act 2003","content":"## Transitional provisions for Primary Industries and Other Legislation Amendment Act 2003","sortOrder":406},{"sectionNumber":"sec.240","sectionType":"section","heading":"Definitions for div 4","content":"### sec.240 Definitions for div 4\n\nIn this division—\namending Act means the Primary Industries and Other Legislation Amendment Act 2003 .\ncurrency period , for a development permit, means the relevant period mentioned in the repealed Sustainable Planning Act 2009 , section 341 in relation to the permit.\ns 240 def currency period ins 2016 No. 27 s 257\nrelevant authority means any of the following—\nan aquaculture licence;\nan approval, under section 114 of the unamended Act , to build a waterway barrier works;\na permit to perform works or related activity in a declared fish habitat area;\na permit to remove, destroy or damage marine plants.\nunamended Act means this Act as in force before the commencement of section 241.\ns 240 prev s 240 exp 10 March 1995 (see s 240(3) and 1995 SL No. 56 )\npres s 240 ins 2003 No. 82 s 44\n- (a) an aquaculture licence;\n- (b) an approval, under section 114 of the unamended Act , to build a waterway barrier works;\n- (c) a permit to perform works or related activity in a declared fish habitat area;\n- (d) a permit to remove, destroy or damage marine plants.","sortOrder":407},{"sectionNumber":"sec.241","sectionType":"section","heading":"Continuing effect of existing licences or permits","content":"### sec.241 Continuing effect of existing licences or permits\n\nThis section applies to the following authorities in force immediately before the commencement of this section or issued under section 252—\nan aquaculture licence other than an aquaculture licence for harvesting wild oysters from foreshores;\na permit for the performance of works in a declared fish habitat area;\na permit for the removal, destruction or damage of marine plants.\nFrom the commencement, the authority has effect as if—\nthe authority were a development permit, for which the chief executive was the assessment manager, for—\nif the authority is an aquaculture licence—a material change of use of premises; or\nif the authority is a permit for the performance of works in a declared fish habitat area or for the removal, destruction or damage of marine plants—operational works; and\nthe conditions of the authority, to the extent they relate to development, were conditions of the development permit; and\nthe term of the authority were the currency period of the development permit; and\nif the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area—\nthe relevant resource allocation authority for the development had been issued; and\nthe conditions of the authority, to the extent they relate to the use of a declared fish habitat area, Queensland waters or unallocated tidal land, were conditions of the resource allocation authority; and\nthe term of the authority were the term of the resource allocation authority.\nSee section 76B for developments that require a resource allocation authority.\nHowever, subsection (2) applies only to authorise the holder of the authority to carry out activities for which an authority mentioned in subsection (1) could have been granted under the unamended Act .\nIf the currency period does not end within 6 months after the commencement, the chief executive must, as soon as practicable, issue the holder of the authority—\na development permit; and\nif the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area—a relevant resource allocation authority for the development.\nA development permit or resource allocation authority issued under subsection (4) must state—\nfor the permit—the currency period for, and conditions of, the permit; or\nfor the authority—the term and conditions of the authority.\ns 241 prev s 241 exp 10 March 1995 (see s 241(2) and 1995 SL No. 56 )\npres s 241 ins 2003 No. 82 s 44\n(sec.241-ssec.1) This section applies to the following authorities in force immediately before the commencement of this section or issued under section 252— an aquaculture licence other than an aquaculture licence for harvesting wild oysters from foreshores; a permit for the performance of works in a declared fish habitat area; a permit for the removal, destruction or damage of marine plants.\n(sec.241-ssec.2) From the commencement, the authority has effect as if— the authority were a development permit, for which the chief executive was the assessment manager, for— if the authority is an aquaculture licence—a material change of use of premises; or if the authority is a permit for the performance of works in a declared fish habitat area or for the removal, destruction or damage of marine plants—operational works; and the conditions of the authority, to the extent they relate to development, were conditions of the development permit; and the term of the authority were the currency period of the development permit; and if the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area— the relevant resource allocation authority for the development had been issued; and the conditions of the authority, to the extent they relate to the use of a declared fish habitat area, Queensland waters or unallocated tidal land, were conditions of the resource allocation authority; and the term of the authority were the term of the resource allocation authority. See section 76B for developments that require a resource allocation authority.\n(sec.241-ssec.3) However, subsection (2) applies only to authorise the holder of the authority to carry out activities for which an authority mentioned in subsection (1) could have been granted under the unamended Act .\n(sec.241-ssec.4) If the currency period does not end within 6 months after the commencement, the chief executive must, as soon as practicable, issue the holder of the authority— a development permit; and if the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area—a relevant resource allocation authority for the development.\n(sec.241-ssec.5) A development permit or resource allocation authority issued under subsection (4) must state— for the permit—the currency period for, and conditions of, the permit; or for the authority—the term and conditions of the authority.\n- (a) an aquaculture licence other than an aquaculture licence for harvesting wild oysters from foreshores;\n- (b) a permit for the performance of works in a declared fish habitat area;\n- (c) a permit for the removal, destruction or damage of marine plants.\n- (a) the authority were a development permit, for which the chief executive was the assessment manager, for— (i) if the authority is an aquaculture licence—a material change of use of premises; or (ii) if the authority is a permit for the performance of works in a declared fish habitat area or for the removal, destruction or damage of marine plants—operational works; and\n- (i) if the authority is an aquaculture licence—a material change of use of premises; or\n- (ii) if the authority is a permit for the performance of works in a declared fish habitat area or for the removal, destruction or damage of marine plants—operational works; and\n- (b) the conditions of the authority, to the extent they relate to development, were conditions of the development permit; and\n- (c) the term of the authority were the currency period of the development permit; and\n- (d) if the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area— (i) the relevant resource allocation authority for the development had been issued; and (ii) the conditions of the authority, to the extent they relate to the use of a declared fish habitat area, Queensland waters or unallocated tidal land, were conditions of the resource allocation authority; and (iii) the term of the authority were the term of the resource allocation authority. Editor’s note— See section 76B for developments that require a resource allocation authority.\n- (i) the relevant resource allocation authority for the development had been issued; and\n- (ii) the conditions of the authority, to the extent they relate to the use of a declared fish habitat area, Queensland waters or unallocated tidal land, were conditions of the resource allocation authority; and\n- (iii) the term of the authority were the term of the resource allocation authority.\n- (i) if the authority is an aquaculture licence—a material change of use of premises; or\n- (ii) if the authority is a permit for the performance of works in a declared fish habitat area or for the removal, destruction or damage of marine plants—operational works; and\n- (i) the relevant resource allocation authority for the development had been issued; and\n- (ii) the conditions of the authority, to the extent they relate to the use of a declared fish habitat area, Queensland waters or unallocated tidal land, were conditions of the resource allocation authority; and\n- (iii) the term of the authority were the term of the resource allocation authority.\n- (a) a development permit; and\n- (b) if the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area—a relevant resource allocation authority for the development.\n- (a) for the permit—the currency period for, and conditions of, the permit; or\n- (b) for the authority—the term and conditions of the authority.","sortOrder":408},{"sectionNumber":"sec.242","sectionType":"section","heading":"Continuing effect of existing approvals for waterway barrier works","content":"### sec.242 Continuing effect of existing approvals for waterway barrier works\n\nThis section applies to an approval to build or raise a waterway barrier works—\ngiven under the unamended Act before the commencement of this section; and\nin force immediately before the commencement.\nFrom the commencement, the approval has effect as if—\nthe approval were a development permit for operational works, for which the chief executive was the assessment manager; and\nany direction given, under section 116 of the unamended Act , in relation to the approval were a condition of the development permit; and\nthe currency period for the development permit started on the day the approval was given and ends on the day 2 years after the approval was given.\ns 242 prev s 242 exp 27 January 1995 (see s 242(2))\npres s 242 ins 2003 No. 82 s 44\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 258\n(sec.242-ssec.1) This section applies to an approval to build or raise a waterway barrier works— given under the unamended Act before the commencement of this section; and in force immediately before the commencement.\n(sec.242-ssec.2) From the commencement, the approval has effect as if— the approval were a development permit for operational works, for which the chief executive was the assessment manager; and any direction given, under section 116 of the unamended Act , in relation to the approval were a condition of the development permit; and the currency period for the development permit started on the day the approval was given and ends on the day 2 years after the approval was given.\n- (a) given under the unamended Act before the commencement of this section; and\n- (b) in force immediately before the commencement.\n- (a) the approval were a development permit for operational works, for which the chief executive was the assessment manager; and\n- (b) any direction given, under section 116 of the unamended Act , in relation to the approval were a condition of the development permit; and\n- (c) the currency period for the development permit started on the day the approval was given and ends on the day 2 years after the approval was given.","sortOrder":409},{"sectionNumber":"sec.243","sectionType":"section","heading":"Continuing effect of existing aquaculture licences for wild oyster harvesting","content":"### sec.243 Continuing effect of existing aquaculture licences for wild oyster harvesting\n\nThis section applies to an aquaculture licence for harvesting wild oysters from foreshores, in force immediately before the commencement of this section or issued under section 252.\nFrom the commencement, the licence, and any conditions of the licence, have effect as if the licence were an authority to take fish for trade or commerce in a commercial fishery.\nSubsection (2) has effect only for the term of the licence.\ns 243 ins 2003 No. 82 s 44\n(sec.243-ssec.1) This section applies to an aquaculture licence for harvesting wild oysters from foreshores, in force immediately before the commencement of this section or issued under section 252.\n(sec.243-ssec.2) From the commencement, the licence, and any conditions of the licence, have effect as if the licence were an authority to take fish for trade or commerce in a commercial fishery.\n(sec.243-ssec.3) Subsection (2) has effect only for the term of the licence.","sortOrder":410},{"sectionNumber":"sec.244","sectionType":"section","heading":"Applications in progress for particular relevant authorities","content":"### sec.244 Applications in progress for particular relevant authorities\n\nThis section applies to an application for a relevant authority, other than an aquaculture licence for harvesting wild oysters from foreshores, if the application is not finally decided before the commencement of this section.\nFrom the commencement, the application is taken to be a development application for which the chief executive is the assessment manager.\nAlso—\nfor an application for development that must be supported by evidence of the existence of a resource allocation authority for the development—the following applies—\nthe application is taken to also be an application for the relevant resource allocation authority for the development;\nthe part of the application for the resource allocation authority must be decided first;\nif the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn;\nif the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be—\nif the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\notherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\nfor another application—the day this section commences is taken to be—\nif the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\notherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .\nIn this section—\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 244 ins 2003 No. 82 s 44\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 259\n(sec.244-ssec.1) This section applies to an application for a relevant authority, other than an aquaculture licence for harvesting wild oysters from foreshores, if the application is not finally decided before the commencement of this section.\n(sec.244-ssec.2) From the commencement, the application is taken to be a development application for which the chief executive is the assessment manager.\n(sec.244-ssec.3) Also— for an application for development that must be supported by evidence of the existence of a resource allocation authority for the development—the following applies— the application is taken to also be an application for the relevant resource allocation authority for the development; the part of the application for the resource allocation authority must be decided first; if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn; if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or for another application—the day this section commences is taken to be— if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .\n(sec.244-ssec.4) In this section— repealed Planning Act means the repealed Sustainable Planning Act 2009 .\n- (a) for an application for development that must be supported by evidence of the existence of a resource allocation authority for the development—the following applies— (i) the application is taken to also be an application for the relevant resource allocation authority for the development; (ii) the part of the application for the resource allocation authority must be decided first; (iii) if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn; (iv) if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\n- (i) the application is taken to also be an application for the relevant resource allocation authority for the development;\n- (ii) the part of the application for the resource allocation authority must be decided first;\n- (iii) if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn;\n- (iv) if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\n- (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\n- (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\n- (b) for another application—the day this section commences is taken to be— (i) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (ii) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .\n- (i) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\n- (ii) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .\n- (i) the application is taken to also be an application for the relevant resource allocation authority for the development;\n- (ii) the part of the application for the resource allocation authority must be decided first;\n- (iii) if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn;\n- (iv) if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\n- (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\n- (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\n- (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\n- (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or\n- (i) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or\n- (ii) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .","sortOrder":411},{"sectionNumber":"sec.245","sectionType":"section","heading":"Applications in progress for aquaculture licences for wild oyster harvesting","content":"### sec.245 Applications in progress for aquaculture licences for wild oyster harvesting\n\nThis section applies to an application for an aquaculture licence for harvesting wild oysters from foreshores if the application is not finally decided before the commencement of this section.\nFrom the commencement, the application is taken to be an application for an authority to take fish for trade or commerce in the commercial fishery.\ns 245 ins 2003 No. 82 s 44\n(sec.245-ssec.1) This section applies to an application for an aquaculture licence for harvesting wild oysters from foreshores if the application is not finally decided before the commencement of this section.\n(sec.245-ssec.2) From the commencement, the application is taken to be an application for an authority to take fish for trade or commerce in the commercial fishery.","sortOrder":412},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":413},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":414},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":415},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":416},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":417},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":418},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 ins 2003 No. 82 s 44\nom 2009 No. 24 s 518","sortOrder":419},{"sectionNumber":"sec.253","sectionType":"section","heading":"Continuing effect of criteria prescribed for s 67","content":"### sec.253 Continuing effect of criteria prescribed for s 67\n\nCriteria prescribed for section 67(2)(b)(i) and in force immediately before the commencement of this section are, after the commencement, subject to any amendment or repeal, taken to be criteria prescribed for section 68B(4)(b)(i).\ns 253 ins 2003 No. 82 s 44","sortOrder":420},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"Transitional provisions for Fisheries Amendment Act 2006","content":"## Transitional provisions for Fisheries Amendment Act 2006","sortOrder":421},{"sectionNumber":"sec.254","sectionType":"section","heading":"Existing contracts to provide services relating to sharks","content":"### sec.254 Existing contracts to provide services relating to sharks\n\nThis section applies to a contract made before the commencement of this section for someone to provide to the State services involving the placement in coastal waters of the State adjacent to a beach of nets or baited drumlines, for the purpose of catching sharks.\nThe contract is taken to be, and to have always been, validly made under this Act .\nFrom the commencement, the contract is taken to have been made for the shark control program.\ns 254 ins 2006 No. 28 s 45\n(sec.254-ssec.1) This section applies to a contract made before the commencement of this section for someone to provide to the State services involving the placement in coastal waters of the State adjacent to a beach of nets or baited drumlines, for the purpose of catching sharks.\n(sec.254-ssec.2) The contract is taken to be, and to have always been, validly made under this Act .\n(sec.254-ssec.3) From the commencement, the contract is taken to have been made for the shark control program.","sortOrder":422},{"sectionNumber":"sec.255","sectionType":"section","heading":"Existing general fisheries permits relating to sharks","content":"### sec.255 Existing general fisheries permits relating to sharks\n\nThe general fisheries permits or former general fisheries permits issued under the Fisheries Regulation 1995 with the following numbers are taken to be, and to have always been, validly issued under this Act —\nPRM37037A\nPRM37441E\nPRM37965D\nPRM37971I\nPRM04051G\nPRM04058D\nPRM04060F\nPRM04063K\nPRM04092D\nPRM04097E\nPRM04172F\nPRM04173D\nPRM04949B\nPRM05108J.\nIf, under section 63(4) and (5), the chief executive amends any of the permits to authorise the holder to authorise someone else to do any thing that the holder may do under the permit, the amendment is taken to have had effect from—\nif the relevant notice under section 63(5) states a day of effect—the day of effect; or\nif no day of effect is stated in the notice—when the permit was issued.\nThis section does not prevent the amendment or repeal of the Fisheries Regulation 1995 .\ns 255 ins 2006 No. 28 s 45\n(sec.255-ssec.1) The general fisheries permits or former general fisheries permits issued under the Fisheries Regulation 1995 with the following numbers are taken to be, and to have always been, validly issued under this Act — PRM37037A PRM37441E PRM37965D PRM37971I PRM04051G PRM04058D PRM04060F PRM04063K PRM04092D PRM04097E PRM04172F PRM04173D PRM04949B PRM05108J.\n(sec.255-ssec.2) If, under section 63(4) and (5), the chief executive amends any of the permits to authorise the holder to authorise someone else to do any thing that the holder may do under the permit, the amendment is taken to have had effect from— if the relevant notice under section 63(5) states a day of effect—the day of effect; or if no day of effect is stated in the notice—when the permit was issued.\n(sec.255-ssec.3) This section does not prevent the amendment or repeal of the Fisheries Regulation 1995 .\n- • PRM37037A\n- • PRM37441E\n- • PRM37965D\n- • PRM37971I\n- • PRM04051G\n- • PRM04058D\n- • PRM04060F\n- • PRM04063K\n- • PRM04092D\n- • PRM04097E\n- • PRM04172F\n- • PRM04173D\n- • PRM04949B\n- • PRM05108J.\n- (a) if the relevant notice under section 63(5) states a day of effect—the day of effect; or\n- (b) if no day of effect is stated in the notice—when the permit was issued.","sortOrder":423},{"sectionNumber":"sec.256","sectionType":"section","heading":"Activities carried out under existing contracts relating to sharks","content":"### sec.256 Activities carried out under existing contracts relating to sharks\n\nSection 81(1)(a), (b) and (d) does not apply to an activity carried out by a person before the commencement of this section if, when the activity was carried out, the person—\nwas acting under a contract mentioned in section 254; and\nwas authorised under a general fisheries permit mentioned in section 255 to carry out the activity.\ns 256 ins 2006 No. 28 s 45\n- (a) was acting under a contract mentioned in section 254; and\n- (b) was authorised under a general fisheries permit mentioned in section 255 to carry out the activity.","sortOrder":424},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":"Transitional provisions for Sustainable Planning Act 2009","content":"## Transitional provisions for Sustainable Planning Act 2009","sortOrder":425},{"sectionNumber":"sec.257","sectionType":"section","heading":"Continuing application of pt 5, div 3A, sdivs 1 to 4","content":"### sec.257 Continuing application of pt 5, div 3A, sdivs 1 to 4\n\nThis section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.\nPart 5, division 3A, subdivisions 1 to 4 as in force before the commencement continue to apply to the development application as if the Sustainable Planning Act 2009 had not commenced.\nIn this section—\ncommencement means the day this section commences.\ns 257 ins 2009 No. 36 s 872 sch 2\n(sec.257-ssec.1) This section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.\n(sec.257-ssec.2) Part 5, division 3A, subdivisions 1 to 4 as in force before the commencement continue to apply to the development application as if the Sustainable Planning Act 2009 had not commenced.\n(sec.257-ssec.3) In this section— commencement means the day this section commences.","sortOrder":426},{"sectionNumber":"pt.12-div.7","sectionType":"division","heading":"Transitional provision for Trade Measurement Legislation Repeal Act 2009","content":"## Transitional provision for Trade Measurement Legislation Repeal Act 2009","sortOrder":427},{"sectionNumber":"sec.258","sectionType":"section","heading":"Amendment of fisheries management plan by Trade Measurement Legislation Repeal Act 2009 does not affect powers of chief executive or Governor in Council","content":"### sec.258 Amendment of fisheries management plan by Trade Measurement Legislation Repeal Act 2009 does not affect powers of chief executive or Governor in Council\n\nThe amendment of the Fisheries (Coral Reef Fin Fish) Management Plan 2003 by the Trade Measurement Legislation Repeal Act 2009 does not affect—\nthe power of the chief executive to further amend the management plan or to repeal it; or\nthe power of the Governor in Council to approve a matter mentioned in paragraph (a) .\ns 258 ins 2009 No. 50 s 18 sch\n- (a) the power of the chief executive to further amend the management plan or to repeal it; or\n- (b) the power of the Governor in Council to approve a matter mentioned in paragraph (a) .","sortOrder":428},{"sectionNumber":"pt.12-div.8","sectionType":"division","heading":"Transitional provisions for Environmental Offsets Act 2014","content":"## Transitional provisions for Environmental Offsets Act 2014","sortOrder":429},{"sectionNumber":"sec.259","sectionType":"section","heading":"Continued effect to make payment","content":"### sec.259 Continued effect to make payment\n\nThis section applies if, immediately before the commencement of this section, an environmental offset condition required a person to make a monetary payment to the Fisheries Research Fund and the payment had not been made.\nDespite the repeal of section 76IA(3) by the Environmental Offsets Act 2014 , the person is still required to make the payment.\ns 259 ins 2014 No. 33 s 120\n(sec.259-ssec.1) This section applies if, immediately before the commencement of this section, an environmental offset condition required a person to make a monetary payment to the Fisheries Research Fund and the payment had not been made.\n(sec.259-ssec.2) Despite the repeal of section 76IA(3) by the Environmental Offsets Act 2014 , the person is still required to make the payment.","sortOrder":430},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 ins 2014 No. 33 s 120\nexp 1 July 2015 (see s 260(4))","sortOrder":431},{"sectionNumber":"pt.12-div.9","sectionType":"division","heading":"Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014","content":"## Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014","sortOrder":432},{"sectionNumber":"sec.261","sectionType":"section","heading":"Existing development applications","content":"### sec.261 Existing development applications\n\nThis section applies to a development application mentioned in previous section 76DA, 76DB or 76DC made, but not decided, before the commencement of the amending Act , section 107 .\nPrevious sections 76DA, 76DB and 76DC continue to apply to the development application as if the amending Act , section 107 , had not commenced.\nIn this section—\namending Act means the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 .\nprevious , for a provision of this Act , means the provision as in force immediately before the repeal of the provision under the amending Act .\ns 261 ins 2014 No. 40 s 109\n(sec.261-ssec.1) This section applies to a development application mentioned in previous section 76DA, 76DB or 76DC made, but not decided, before the commencement of the amending Act , section 107 .\n(sec.261-ssec.2) Previous sections 76DA, 76DB and 76DC continue to apply to the development application as if the amending Act , section 107 , had not commenced.\n(sec.261-ssec.3) In this section— amending Act means the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 . previous , for a provision of this Act , means the provision as in force immediately before the repeal of the provision under the amending Act .","sortOrder":433},{"sectionNumber":"pt.12-div.10","sectionType":"division","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"## Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":434},{"sectionNumber":"sec.262","sectionType":"section","heading":"Definitions for division","content":"### sec.262 Definitions for division\n\nIn this division—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act .\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 262 ins 2016 No. 27 s 260","sortOrder":435},{"sectionNumber":"sec.263","sectionType":"section","heading":"Existing particular development applications for fisheries development","content":"### sec.263 Existing particular development applications for fisheries development\n\nThis section applies to an existing development application for fisheries development, if the chief executive was the assessment manager or a concurrence agency for the application under the repealed Planning Act .\nThe following provisions continue to apply in relation to the application as if the amending Act had not been enacted—\nformer sections 76D and 76G;\nformer part 5, division 3A, subdivision 4.\nA decision of the chief executive about the application can not be reviewed by QCAT.\nIn this section—\nexisting development application means a development application made under the repealed Planning Act , to which the Planning Act , section 288 applies.\ns 263 ins 2016 No. 27 s 260\n(sec.263-ssec.1) This section applies to an existing development application for fisheries development, if the chief executive was the assessment manager or a concurrence agency for the application under the repealed Planning Act .\n(sec.263-ssec.2) The following provisions continue to apply in relation to the application as if the amending Act had not been enacted— former sections 76D and 76G; former part 5, division 3A, subdivision 4.\n(sec.263-ssec.3) A decision of the chief executive about the application can not be reviewed by QCAT.\n(sec.263-ssec.4) In this section— existing development application means a development application made under the repealed Planning Act , to which the Planning Act , section 288 applies.\n- (a) former sections 76D and 76G;\n- (b) former part 5, division 3A, subdivision 4.","sortOrder":436},{"sectionNumber":"sec.264","sectionType":"section","heading":"Existing appeals—amendment of fisheries development approval conditions","content":"### sec.264 Existing appeals—amendment of fisheries development approval conditions\n\nThis section applies if—\na person appealed to the Planning and Environment Court before the commencement under former section 76Q(1); and\nthe appeal had not been decided before the commencement.\nThe Planning and Environment Court must hear, or continue to hear, and decide the appeal under former sections 76Q and 76R as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\nTo remove any doubt, it is declared that former section 76Q(2), (4) and (5) applies for the appeal.\ns 264 ins 2016 No. 27 s 260\n(sec.264-ssec.1) This section applies if— a person appealed to the Planning and Environment Court before the commencement under former section 76Q(1); and the appeal had not been decided before the commencement.\n(sec.264-ssec.2) The Planning and Environment Court must hear, or continue to hear, and decide the appeal under former sections 76Q and 76R as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n(sec.264-ssec.3) To remove any doubt, it is declared that former section 76Q(2), (4) and (5) applies for the appeal.\n- (a) a person appealed to the Planning and Environment Court before the commencement under former section 76Q(1); and\n- (b) the appeal had not been decided before the commencement.","sortOrder":437},{"sectionNumber":"sec.265","sectionType":"section","heading":"Existing right to appeal—amendment of fisheries development approval conditions","content":"### sec.265 Existing right to appeal—amendment of fisheries development approval conditions\n\nThis section applies if—\nbefore the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and\nthe person has not appealed before the commencement.\nThe person may appeal, and the Planning and Environment Court must hear and decide the appeal, under former sections 76Q(1), (2)(a), (3) and (4) and 76R(2), as if the amending Act had not been enacted.\nThe Planning and Environment Court Act 2016 , part 5 , with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act .\ns 265 ins 2016 No. 27 s 260\n(sec.265-ssec.1) This section applies if— before the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and the person has not appealed before the commencement.\n(sec.265-ssec.2) The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under former sections 76Q(1), (2)(a), (3) and (4) and 76R(2), as if the amending Act had not been enacted.\n(sec.265-ssec.3) The Planning and Environment Court Act 2016 , part 5 , with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act .\n- (a) before the commencement, a person could have appealed to the Planning and Environment Court under former section 76Q(1); and\n- (b) the person has not appealed before the commencement.","sortOrder":438},{"sectionNumber":"pt.12-div.11","sectionType":"division","heading":"Transitional provisions for Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019","content":"## Transitional provisions for Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019","sortOrder":439},{"sectionNumber":"sec.266","sectionType":"section","heading":"Definitions for division","content":"### sec.266 Definitions for division\n\nIn this division—\namendment Act means the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 .\nformer , for a provision of this Act, means the provision as in force before the commencement of the provision in which the term is used.\nnew , for a provision of this Act, means the provision as in force on the commencement of the provision in which the term is used.\ns 266 ins 2019 No. 6 s 25","sortOrder":440},{"sectionNumber":"sec.267","sectionType":"section","heading":"Application of new section 165","content":"### sec.267 Application of new section 165\n\nSection 165(3) does not apply in relation to fisheries resources seized under this Act before the commencement.\ns 267 ins 2019 No. 6 s 25","sortOrder":441},{"sectionNumber":"sec.268","sectionType":"section","heading":"Orders under former section 174","content":"### sec.268 Orders under former section 174\n\nThis section applies if—\nbefore the commencement, the chief executive made an application to the District Court for an order under former section 174; and\nat the commencement, the application has not been decided.\nThe District Court may continue to hear and decide the application under former section 174 as if the amendment Act had not been enacted.\ns 268 ins 2019 No. 6 s 25\n(sec.268-ssec.1) This section applies if— before the commencement, the chief executive made an application to the District Court for an order under former section 174; and at the commencement, the application has not been decided.\n(sec.268-ssec.2) The District Court may continue to hear and decide the application under former section 174 as if the amendment Act had not been enacted.\n- (a) before the commencement, the chief executive made an application to the District Court for an order under former section 174; and\n- (b) at the commencement, the application has not been decided.","sortOrder":442},{"sectionNumber":"sec.269","sectionType":"section","heading":"Orders under new section 174","content":"### sec.269 Orders under new section 174\n\nA court convicting a person of a serious fisheries offence may make an order under new section 174 in relation to the person only if the offence was committed after the commencement.\nSubsection (1) does not prevent a court from considering serious fisheries offences committed by the person before the commencement for applying new section 174(1)(b).\ns 269 ins 2019 No. 6 s 25\n(sec.269-ssec.1) A court convicting a person of a serious fisheries offence may make an order under new section 174 in relation to the person only if the offence was committed after the commencement.\n(sec.269-ssec.2) Subsection (1) does not prevent a court from considering serious fisheries offences committed by the person before the commencement for applying new section 174(1)(b).","sortOrder":443},{"sectionNumber":"sec.270","sectionType":"section","heading":"Orders under new section 174A","content":"### sec.270 Orders under new section 174A\n\nSection 174A applies only to a person convicted of an offence against this Act committed after the commencement.\ns 270 ins 2019 No. 6 s 25","sortOrder":444},{"sectionNumber":"sec.271","sectionType":"section","heading":"Compensation for relevant amendments","content":"### sec.271 Compensation for relevant amendments\n\nFormer part 5, division 1A continues to apply in relation to an amendment of a regulation or management plan happening before the commencement, as if the amendment Act had not been enacted.\nNew part 5, division 2 applies in relation to the making, amendment or repeal of a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, happening after the commencement.\nIn this section—\nmanagement plan means a management plan in force under section 32 or 42 as in force before the commencement.\ns 271 ins 2019 No. 6 s 66\n(sec.271-ssec.1) Former part 5, division 1A continues to apply in relation to an amendment of a regulation or management plan happening before the commencement, as if the amendment Act had not been enacted.\n(sec.271-ssec.2) New part 5, division 2 applies in relation to the making, amendment or repeal of a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, happening after the commencement.\n(sec.271-ssec.3) In this section— management plan means a management plan in force under section 32 or 42 as in force before the commencement.","sortOrder":445},{"sectionNumber":"sec.272","sectionType":"section","heading":"Existing emergency fisheries declaration","content":"### sec.272 Existing emergency fisheries declaration\n\nAn existing emergency fisheries declaration is taken to be an urgent declaration made by the chief executive under section 38.\nIn this section—\nexisting emergency fisheries declaration means an emergency fisheries declaration—\nmade by the chief executive under former section 46; and\nin force under this Act immediately before the commencement.\ns 272 ins 2019 No. 6 s 66\n(sec.272-ssec.1) An existing emergency fisheries declaration is taken to be an urgent declaration made by the chief executive under section 38.\n(sec.272-ssec.2) In this section— existing emergency fisheries declaration means an emergency fisheries declaration— made by the chief executive under former section 46; and in force under this Act immediately before the commencement.\n- (a) made by the chief executive under former section 46; and\n- (b) in force under this Act immediately before the commencement.","sortOrder":446},{"sectionNumber":"sec.273","sectionType":"section","heading":"Application of new section 68AC","content":"### sec.273 Application of new section 68AC\n\nSection 68AC applies only in relation to an investigation under part 9 starting after the commencement.\ns 273 ins 2019 No. 6 s 66","sortOrder":447},{"sectionNumber":"sec.274","sectionType":"section","heading":"Application of former section 68B","content":"### sec.274 Application of former section 68B\n\nFormer section 68B continues to apply in relation to a proceeding for an offence started before the commencement as if the amendment Act had not been enacted.\ns 274 ins 2019 No. 6 s 66","sortOrder":448},{"sectionNumber":"sec.275","sectionType":"section","heading":"The fund","content":"### sec.275 The fund\n\nThe Fisheries Research Fund continued in existence under former section 117(1) continues in existence as the Fisheries Fund under section 117(1).\ns 275 ins 2019 No. 6 s 66","sortOrder":449},{"sectionNumber":"sec.276","sectionType":"section","heading":"Existing codes of practice","content":"### sec.276 Existing codes of practice\n\nA code of practice under former section 119 for a declared fish habitat area is, from the commencement, taken to have been made under section 125A.\ns 276 ins 2019 No. 6 s 66","sortOrder":450},{"sectionNumber":"sec.277","sectionType":"section","heading":"Existing review rights","content":"### sec.277 Existing review rights\n\nThis section applies if—\nimmediately before the commencement, a person could have applied to QCAT for a review of a matter under former part 9; and\nat the commencement—\nthe person has not applied for the review; and\nthe period within which the person may apply for the review has not ended.\nThe person may apply for the review, and QCAT may hear and decide the review, under former part 9 as if the amendment Act had not been enacted.\ns 277 ins 2019 No. 6 s 66\n(sec.277-ssec.1) This section applies if— immediately before the commencement, a person could have applied to QCAT for a review of a matter under former part 9; and at the commencement— the person has not applied for the review; and the period within which the person may apply for the review has not ended.\n(sec.277-ssec.2) The person may apply for the review, and QCAT may hear and decide the review, under former part 9 as if the amendment Act had not been enacted.\n- (a) immediately before the commencement, a person could have applied to QCAT for a review of a matter under former part 9; and\n- (b) at the commencement— (i) the person has not applied for the review; and (ii) the period within which the person may apply for the review has not ended.\n- (i) the person has not applied for the review; and\n- (ii) the period within which the person may apply for the review has not ended.\n- (i) the person has not applied for the review; and\n- (ii) the period within which the person may apply for the review has not ended.","sortOrder":451},{"sectionNumber":"sec.278","sectionType":"section","heading":"Existing reviews","content":"### sec.278 Existing reviews\n\nThis section applies to a review started under former part 9 before the commencement that has not been decided at the commencement.\nQCAT may continue to hear, and decide, the review under former part 9 as if the amendment Act had not been enacted.\ns 278 ins 2019 No. 6 s 66\n_____\npt 12 div 12 sdiv 1 (s 279) ins 2024 No. 17 s 170 (uncommenced amendment)\npt 12 div 12 sdiv 2 (ss 280–281) ins 2024 No. 17 s 170 (uncommenced amendment)\npt 12 div 12 sdiv 3 (ss 282–285) ins 2024 No. 17 s 170 (uncommenced amendment)\npt 12 div 12 sdiv 4 (ss 286–288) ins 2024 No. 17 s 170 (uncommenced amendment)\n(sec.278-ssec.1) This section applies to a review started under former part 9 before the commencement that has not been decided at the commencement.\n(sec.278-ssec.2) QCAT may continue to hear, and decide, the review under former part 9 as if the amendment Act had not been enacted.","sortOrder":452}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1994 Act focused primarily on fisheries resource use and conservation. Over time, its scope significantly expanded through numerous amendments: the addition of an explicit shark control program as a separate statutory purpose (2002), the introduction of detailed harvest strategy frameworks with public consultation requirements (2019), formal resource reallocation decision-making powers for the Minister (2019), Indigenous fishing defences (amended multiple times), integration with the planning system via accepted development requirements (2016/2019), and expanded emergency declaration powers. What began as a resource management statute has evolved into a comprehensive regulatory framework covering ecological sustainability principles, commercial licensing, recreational and Indigenous fishing rights, habitat protection, aquaculture, shark mitigation, and compensation rights."},"complexity_factors":["Multi-layered regulatory hierarchy: regulations, fisheries declarations, quota declarations, urgent declarations, and authorising declarations all interact with complex precedence rules","Extensive Commonwealth-State jurisdictional boundary provisions requiring cross-reference to multiple federal Acts (Commonwealth Fisheries Act, Torres Strait Fisheries Act, Biodiscovery Act, Petroleum (Submerged Lands) Act)","Highly technical and broad definitions (e.g., 'fish' spanning crustaceans, molluscs, coral, star sand; 'fishery' defined by nine different criteria)","Multiple interacting procedural frameworks for harvest strategy creation, consultation, approval, amendment, performance assessment, and review — each with distinct timelines and obligations","Compensation regime for commercial fishers that involves eligibility criteria, claim processes, and interaction with other provisions (ss.44, 48D)","Indigenous rights defence with multiple nested conditions and cross-references to undefined 'prescribed apparatus' and 'prescribed waters' determined by regulation","Numerous sections omitted or heavily amended over 30 years (1996, 2000, 2001, 2002, 2003, 2004, 2006, 2008, 2014, 2016, 2019, 2024 amendments) making the current state difficult to track without consolidation tools","Dual and sometimes conflicting purposes (conservation vs. shark control) with explicit acknowledgment that the shark program can override conservation objectives","Heavy delegation to subordinate legislation (regulations and declarations) meaning the Act alone does not reveal the full operative rules","The Act binds the State itself and interfaces with planning law (Planning Act), biosecurity law (Biosecurity Act 2014), and Statutory Instruments Act 1992"],"plain_english_summary":"## Queensland Fisheries Act 1994 — What It Does and Who It Affects\n\n### The Big Picture\nThis is Queensland's main law governing **everything to do with fish and fishing** in the state. It affects recreational fishers, commercial fishing businesses, aquaculture operators (fish farmers), charter boat operators, Indigenous communities, and anyone who interacts with fish habitats (like mangroves and tidal areas).\n\n### What Does It Actually Do?\n\n**1. Balances fish use with conservation**\nThe law tries to balance letting people catch fish (for food, income, and culture) with protecting fish populations for future generations. It uses the \"precautionary principle\" — meaning if there's a serious environmental risk, the government doesn't need absolute scientific proof before acting to protect fish stocks.\n\n**2. Manages different types of fishing**\n- **Commercial fishing**: Businesses that catch fish to sell\n- **Recreational fishing**: People fishing for fun or personal use\n- **Charter fishing**: Businesses taking paying customers fishing\n- **Indigenous fishing**: Aboriginal and Torres Strait Islander people fishing under traditional customs (with special legal protections)\n- **Aquaculture**: Fish farming operations\n\n**3. Harvest strategies — planning how much can be caught**\nThe government must create formal \"harvest strategies\" (plans) for each fishery setting targets and limits on how much fish can be taken. These must be reviewed at least every 5 years, with public consultation before they're finalised.\n\n**4. Shark control program**\nSeparately from conservation goals, the law authorises the government to run a shark control program (nets and lines) near coastal beaches to reduce shark attack risk. There are rules about staying 20 metres away from shark control equipment — breaching this carries a fine of up to 200 penalty units (approximately $29,000 AUD).\n\n**5. Rules about what counts as \"fish\"**\nThe law has a surprisingly broad definition of \"fish\" — it includes prawns, crabs, lobsters, oysters, scallops, sponges, coral, and even star sand. It covers both living and dead animals.\n\n**6. Declarations and emergency powers**\nThe government can quickly impose rules (called \"declarations\") to:\n- Limit what fish can be caught, how many, or what size\n- Close specific areas to fishing\n- Ban certain fishing equipment or methods\n- In emergencies, temporarily change the rules (lasting up to 3 months)\n\n**7. Compensation for commercial fishers**\nIf a rule change causes commercial fishers to lose their right to catch fish they previously could, the government must pay them compensation.\n\n**8. Indigenous fishing rights**\nAboriginal and Torres Strait Islander people have a legal defence if charged with a fishing offence, provided they were acting under traditional customs/law (\"Aboriginal tradition\" or \"Ailan Kastom\") and fishing for personal, domestic or community (non-commercial) needs.\n\n**9. Applies broadly — but not everywhere**\nThe Act applies across Queensland land and waters, but **not** to fisheries managed by the Commonwealth (federal) government, or certain Torres Strait fisheries under Commonwealth arrangements.\n\n### Who Needs to Pay Attention?\n- **Recreational fishers**: Size limits, bag limits, closed areas, and gear restrictions all flow from this Act\n- **Commercial operators**: Licences, quotas, and compensation rights all come from here\n- **Aquaculture businesses**: Regulated under this framework\n- **Coastal property owners and developers**: Fish habitat protection rules apply\n- **Indigenous communities**: Special rights and defences are built in\n- **Beachgoers near shark nets**: Don't go within 20 metres of the buoys"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3(1) and sec.3(1)(a)-(b)","severity":"low","reasoning":"Balancing principles implies trade-offs where some ESD principles may be deprioritised, yet the Act simultaneously requires promotion of ESD generally. A decision that trades off one ESD principle against another could simultaneously comply with (a) while undermining (b).","confidence":0.62,"description":"The main purpose simultaneously requires the Act to 'apply and balance the principles of ecologically sustainable development' AND 'promote ecologically sustainable development' as if these are two distinct parallel obligations. Applying and balancing principles is instrumentally different from promoting ESD as an outcome, yet both are presented as coordinate limbs of the same purpose, creating conceptual confusion about whether 'balancing' principles can ever be inconsistent with 'promoting' ESD."},{"type":"self_contradicting","section":"sec.3(2)","severity":"medium","reasoning":"If the balancing of nine ESD principles must be conducted 'having regard to' maximising economic, social and cultural benefits, then the precautionary principle and biodiversity protection (which may require foregoing economic benefits) are structurally subordinated to economic considerations, contradicting the stated equivalence of all nine principles.","confidence":0.75,"description":"The balancing of ESD principles must give 'relative emphasis appropriate in the circumstances' but the overriding consideration is ensuring access is allocated to 'maximise the potential economic, social and cultural benefits to the community.' This effectively makes economic/social/cultural benefit maximisation the dominant criterion that overrides the balancing exercise, rendering the balancing exercise largely illusory."},{"type":"other","section":"sec.5(1) and sec.5(4)(a)-(c)","severity":"medium","reasoning":"Coral limestone and shell grit are not animals in any biological or legal sense. Their inclusion under a definition anchored to 'animal' creates a logical incoherence. A fisheries officer enforcing provisions about 'fish' would be regulating sand.","confidence":0.85,"description":"The definition of 'fish' in sec.5(1) is confined to 'animals', but sec.5(4) extends fish to include 'coral, coral limestone, shell grit or star sand' — none of which are animals. These are minerals or inanimate biological material, not animals. The definition therefore applies the regulatory regime for living/dead animals to geological and mineral substances."},{"type":"circular_definition","section":"sec.5(4)(a)-(b)","severity":"low","reasoning":"The definition bootstraps itself. While practically manageable given sec.5(1) provides a base definition, the drafting creates a logical loop: spat/spawn/eggs of fish are fish, and any part of fish (including spat/spawn/eggs) is also fish, meaning the definition is partially self-referential.","confidence":0.7,"description":"Circular definition: sec.5(4)(a) defines fish to include 'the spat, spawn and eggs of fish', and sec.5(4)(b) includes 'any part of fish or of spat, spawn or eggs of fish.' Both provisions use 'fish' in their own definitions, creating a circularity — you must already know what 'fish' means to apply the extended definition of 'fish'."},{"type":"other","section":"sec.5(4)(c)","severity":"low","reasoning":"The inclusion of 'treated fish' without a clear limit on the degree of processing means highly manufactured fish products could still qualify as 'fish' under the Act, creating potentially absurd compliance obligations for food processors.","confidence":0.55,"description":"'Treated fish, including treated spat, spawn and eggs of fish' is included as a subcategory of fish. This means a fish product (e.g. a fish finger or fish oil) that has been processed could constitute 'fish' for regulatory purposes, potentially bringing food manufacturing and retail into the ambit of fisheries law in ways that may be unintended or at minimum absurd."},{"type":"impossible_compliance","section":"sec.12(a)","severity":"high","reasoning":"A fish caught on a hook, or entangled in a net, sustains physical stress, injury, or at minimum scale damage. The exemption for unintentional taking is conditioned on no injury, making it functionally inaccessible in most real-world scenarios, effectively nullifying the exemption.","confidence":0.8,"description":"The Act does not apply to the 'unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back.' This creates an impossible compliance standard: a fisher who unintentionally catches a regulated species must simultaneously (a) not injure or damage it and (b) immediately return it — but the act of catching fish with standard fishing apparatus (hooks, nets) invariably causes some degree of physical injury, making the 'no injury' condition practically impossible to satisfy."},{"type":"other","section":"sec.30(1) and sec.30(3)","severity":"low","reasoning":"Subsection (3) purports to clarify scope by saying the chief executive has no function beyond subsection (1), but subsection (1) already fully states the function. The clarification is redundant and creates a circular tautology rather than meaningful limitation.","confidence":0.6,"description":"Section 30(3) declares 'it is not a function of the chief executive to establish or manage the shark control program other than to the extent mentioned in subsection (1).' But subsection (1) requires the chief executive to establish and manage the shark control program. The subsection thus simultaneously imposes a duty and declares that same duty to be the only function — while purporting to negate any other function. The negation clause adds nothing and creates a tautological non-limitation."},{"type":"other","section":"sec.41(2) and sec.41(3)","severity":"low","reasoning":"While there may be a policy rationale (inconsistent urgent declarations need quicker legislative review), the structure means an urgent declaration that contradicts existing fisheries rules — presumably the most urgently needed type — has the shortest duration, potentially undermining the emergency response purpose.","confidence":0.65,"description":"An urgent declaration that is inconsistent with a regulation or subdivision 1/2 declaration expires in 21 days (sec.41(3)), but an urgent declaration that is consistent with those instruments expires in 3 months (sec.41(2)). This creates the perverse incentive that an urgent declaration is longer-lasting when it does not conflict with existing law, but shorter when it modifies existing law — meaning the most impactful urgent declarations have the shortest life."},{"type":"self_contradicting","section":"sec.42(1) and sec.42(2)","severity":"medium","reasoning":"The Act gives urgent declarations legal supremacy over regulations (sec.42(2)) while simultaneously treating the same inconsistency as a trigger for drastically reduced duration (sec.41(3)). The two provisions send contradictory signals about the legislative intent regarding the relationship between urgent declarations and regulations.","confidence":0.72,"description":"Section 42(1) provides regulations prevail over declarations under subdivisions 1 or 2. Section 42(2) provides that declarations under subdivision 3 (urgent/authorising declarations) prevail over both regulations and subdivisions 1/2 declarations. But sec.41(3) provides urgent declarations expire in 21 days if inconsistent with a regulation. These provisions are in tension: sec.42(2) says urgent declarations prevail over regulations, while sec.41(3) treats the inconsistency as grounds for shortened expiry, implying the inconsistency is problematic."},{"type":"other","section":"sec.19(2)(b) and sec.26(2)(b)","severity":"low","reasoning":"The only practical reason to use the optional provision in sec.19(2)(b) would be to specify more frequent reviews than the 5-year default. The drafting implies flexibility but the minimum constraint collapses the optionality to a narrow band.","confidence":0.5,"description":"Section 19(2)(b) provides the harvest strategy 'may' state when it must be reviewed, 'which must be at least once every 5 years.' However, sec.26(2)(b) provides that if the harvest strategy does not state when review must be conducted, review must occur 'within 5 years.' The permissive 'may' in sec.19(2)(b) combined with the mandatory minimum frequency creates an internal tension: the strategy can choose not to state a review period (since it is optional), but if it does state one, it must be at least 5-yearly, while the default is also 5-yearly — making the optional statement of a review period effectively redundant unless a frequency shorter than 5 years is desired."}],"contradictions":[{"severity":"medium","section_a":"sec.3(3)","section_b":"sec.30(2)","confidence":0.82,"description":"Section 3(3) describes the shark control purpose as a 'further purpose' that exists 'despite the main purpose of this Act', implying the shark control program may conflict with ecological sustainability. Section 30(2) confirms the program 'may be established and managed despite the main purpose of this Act under section 3(1).' The Act therefore expressly sanctions activity that undermines its own stated ecological sustainability purposes, creating a structural internal contradiction between the Act's core purpose and an explicitly authorised subordinate purpose."},{"severity":"low","section_a":"sec.23(1)","section_b":"sec.24(1)","confidence":0.6,"description":"Section 23(1) provides that the chief executive or person involved in administration 'must not make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy.' Section 24(1) permits the Minister to direct that very person to make a decision 'inconsistent with an approved harvest strategy' provided it is consistent with the main purpose of the Act. The prohibition in sec.23 is absolute on its face, yet sec.24 creates a ministerial override mechanism. While sec.23(2) creates an exception for sec.24 directions, the structure creates an apparent contradiction between the general prohibition and the ministerial permission to do exactly what is prohibited."},{"severity":"medium","section_a":"sec.3A(1)(a)","section_b":"sec.30(1)-(2)","confidence":0.76,"description":"Section 3A(1)(a) states the main purpose is primarily achieved by 'the management and protection of fish habitats.' The shark control program (sec.30), which uses nets, lines, hooks and other lethal equipment in coastal waters, necessarily affects fish habitats and non-target species, yet is expressly authorised 'despite the main purpose of this Act.' The mechanism primarily used to achieve the main purpose (habitat protection) is directly undermined by a separately authorised program that the Act itself acknowledges conflicts with that purpose."},{"severity":"medium","section_a":"sec.16(1)(a)","section_b":"sec.24(1)(b)","confidence":0.73,"description":"Section 16(1)(a) requires the Minister to be satisfied a harvest strategy 'is consistent with the main purpose of this Act' before approving it. Section 24(1)(b) allows the Minister to direct action inconsistent with that approved harvest strategy if satisfied it is 'consistent with the main purpose of this Act.' This means the Minister approves a strategy as consistent with the Act's purpose, and can then direct inconsistent action also on grounds of consistency with the Act's purpose — the same purpose test is used both to approve the strategy and to override it, creating a logical contradiction."},{"severity":"low","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.5,"description":"Section 5(1) defines fish as an 'animal' of a species that 'throughout its life cycle usually lives' in water or on foreshores. Section 5(2) includes 'sponges' as fish. Sponges (phylum Porifera) are sessile marine organisms that do not 'usually live' in the peripatetic sense — they are permanently attached to substrate. More significantly, while sponges are technically animals, their life cycle does not involve living 'in or on foreshores' in the conventional sense captured by the definition. The inclusion of sponges sits awkwardly with the base definition."},{"severity":"medium","section_a":"sec.3(5) definition of 'ecologically sustainable development'","section_b":"sec.3(5) definition of 'principles of ecologically sustainable development'","confidence":0.68,"description":"The definition of 'ecologically sustainable development' in sec.3(5) defines ESD as a practice (using, conserving and enhancing resources) that achieves two outcomes. The 'principles of ecologically sustainable development' in the same subsection include nine principles, one of which is the 'precautionary principle.' However, the base definition of ESD makes no reference to the precautionary principle or to the nine principles. The 'principles of ESD' are thus not derived from the definition of ESD in the Act — they are a separate, parallel construct, creating definitional incoherence about what ESD actually means and what its principles are."},{"severity":"medium","section_a":"sec.41(2)","section_b":"sec.42(2)","confidence":0.74,"description":"Section 42(2) provides that a declaration under subdivision 3 (which includes urgent declarations) prevails over regulations and subdivisions 1/2 declarations to the extent of inconsistency. But sec.41(3) provides that an urgent declaration that is inconsistent with a regulation or subdivision 1/2 declaration expires after only 21 days. These provisions pull in opposite directions: sec.42(2) gives urgent declarations legal supremacy over regulations, while sec.41(3) effectively penalises that supremacy by drastically curtailing the declaration's duration when it exercises that supremacy."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally focused on fisheries management and conservation, the Act's scope has expanded to include specific shark control programs, detailed harvest strategies, resource reallocations, and integration with planning and biosecurity laws, going beyond initial sustainable use to address human safety and broader environmental interactions."},"complexity_factors":["Multiple defined terms like 'fish', 'fishery', 'marine plant'","Cross-references to Commonwealth laws and other Queensland acts like Planning Act, Biosecurity Act","Detailed processes for harvest strategies, reallocations, and declarations","Various exemptions, defences, and compensation provisions with conditions"],"plain_english_summary":"**The Fisheries Act 1994** is Queensland's main law for managing the state's fish and their habitats. It aims to balance using, conserving, and improving fisheries resources in a sustainable way that benefits the community economically, socially, and culturally. It covers commercial fishing, recreational fishing, Indigenous fishing, aquaculture, and protecting fish habitats. There's also a program to reduce shark attacks near beaches. The Act sets rules for fishing, including what you can catch, where, and how, with penalties for breaking them. It promotes consultation and transparency in management decisions."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1994 focus on fisheries management and conservation. Amendments have added a shark control program, a whole division on trafficking priority fish, new enforcement powers including body-worn cameras and vessel tracking, and an internal review system for decisions. The original purpose of managing fisheries resources has grown to include public safety (shark attacks) and serious criminal offences, moving well beyond the initial scope."},"complexity_factors":["Very long Act with over 200 sections and multiple parts, divisions, and subdivisions","Extensive use of defined terms (e.g., 'fish', 'fishery', 'marine plant') with many inclusions and exclusions","Multiple layers of subordinate legislation: regulations, fisheries declarations, urgent declarations, authorising declarations","Complex hierarchy of instruments with rules about inconsistencies (e.g., regulations prevail over declarations, urgent declarations may override others)","Conditional logic throughout, especially in powers to issue, amend, suspend, or cancel authorities","Numerous cross-references within the Act and to other Acts (e.g., Planning Act, Biosecurity Act, Commonwealth Fisheries Act)","Detailed and procedural sections for compensation claims, with multiple steps and conditions","Specific offences with varying penalty amounts, including escalation for trafficking","Transitional provisions spanning multiple amendment Acts, adding further complexity","Interplay with Commonwealth jurisdiction and cooperative fisheries arrangements"],"plain_english_summary":"The **Fisheries Act 1994** is Queensland's primary law for managing the state's fish resources and fish habitats. It sets up a system to regulate who can take fish, how they can do it, and where. The Act creates a licensing and quota system for commercial fishers, sets rules for recreational fishing, and protects fish habitats like mangroves and seagrass. It also includes a shark control program that uses nets and drumlines to reduce shark attacks. The Act gives the Minister and the chief executive broad powers to make decisions, issue permits, and enforce rules. Penalties can be high, especially for trafficking priority fish like barramundi or coral trout. The law affects anyone fishing in Queensland waters, including commercial operators, charter boats, recreational fishers, and Indigenous fishers exercising traditional rights. It matters because it tries to balance using fish resources for economic and social benefit while conserving them for the future. But the Act also imposes significant compliance costs, restricts private choice, and concentrates decision-making power in the hands of the chief executive rather than market mechanisms or local communities."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-act-1994","history":"/api/acts/fisheries-act-1994/history","analysis":"/api/acts/fisheries-act-1994/analysis","conflicts":"/api/acts/fisheries-act-1994/conflicts","importantCases":"/api/acts/fisheries-act-1994/important-cases","documents":"/api/acts/fisheries-act-1994/documents"}}