{"id":"qld:sl-2019-0179","name":"Fisheries (General) Regulation 2019","slug":"fisheries-general-regulation-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"179 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174027,"registerId":"qld-sl-2019-0179-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Fisheries (General) Regulation 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2019.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of regulations and declarations","content":"### sec.3 Application of regulations and declarations\n\nThis regulation, the Fisheries (Commercial Fisheries) Regulation 2019 , the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019 —\nall provide for matters under the Act ; and\nmust be read together.\nSee section 42 of the Act in relation to the relationship between regulations and declarations.\nThis regulation provides for particular matters that also apply to other legislation mentioned in subsection (1) , including, for example—\nthe interpretation of particular references; and\nthe authorisation under, and conditions of, an authority.\nOther legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example—\nthe Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and\nthe Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and\nSee section 29 (4) .\nthe Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.\n(sec.3-ssec.1) This regulation, the Fisheries (Commercial Fisheries) Regulation 2019 , the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019 — all provide for matters under the Act ; and must be read together. See section 42 of the Act in relation to the relationship between regulations and declarations.\n(sec.3-ssec.2) This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1) , including, for example— the interpretation of particular references; and the authorisation under, and conditions of, an authority.\n(sec.3-ssec.3) Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example— the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and See section 29 (4) . the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.\n- (a) all provide for matters under the Act ; and\n- (b) must be read together.\n- (a) the interpretation of particular references; and\n- (b) the authorisation under, and conditions of, an authority.\n- (a) the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and\n- (b) the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and Note— See section 29 (4) .\n- (c) the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.","sortOrder":3},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":4},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 11 defines particular words used in this regulation.","sortOrder":6},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Animals prescribed not to be fish— Act , s 5","content":"### sec.4A Animals prescribed not to be fish— Act , s 5\n\nFor section 5 (3) (b) of the Act , a relevant protected animal is prescribed not to be a fish.\nIn this section—\nrelevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992 , other than each of the following animals—\nAustralian lungfish;\nlargetooth sawfish;\nMary River cod;\nredfish;\nscalloped hammerhead;\nsilver perch.\nSee also the Nature Conservation (Animals) Regulation 2020 , section 66A .\ns 4A ins 2024 SL No. 196 s 10\namd 2025 SL No. 42 s 11\n(sec.4A-ssec.1) For section 5 (3) (b) of the Act , a relevant protected animal is prescribed not to be a fish.\n(sec.4A-ssec.2) In this section— relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992 , other than each of the following animals— Australian lungfish; largetooth sawfish; Mary River cod; redfish; scalloped hammerhead; silver perch.\n- (a) Australian lungfish;\n- (b) largetooth sawfish;\n- (c) Mary River cod;\n- (d) redfish;\n- (e) scalloped hammerhead;\n- (f) silver perch.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of commercial fisher","content":"### sec.5 Meaning of commercial fisher\n\nA commercial fisher is a person who holds a commercial fisher licence.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of recreational fisher and recreational fishing","content":"### sec.6 Meaning of recreational fisher and recreational fishing\n\nA recreational fisher is a person who is carrying out recreational fishing.\nA person is carrying out recreational fishing if the person takes or possesses fish other than as follows—\nthe person takes or possesses the fish—\nfor trade or commerce; or\nin the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ;\nthe person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition;\nthe person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.\nFor subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip.\nA person may carry out recreational fishing even if the person—\nholds an authority that authorises the person to take fish for trade or commerce; or\nis otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) .\nHowever, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota.\nIf a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.\ns 6 amd 2024 SL No. 196 s 63 sch 1\n(sec.6-ssec.1) A recreational fisher is a person who is carrying out recreational fishing.\n(sec.6-ssec.2) A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.\n(sec.6-ssec.3) For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip.\n(sec.6-ssec.4) A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) .\n(sec.6-ssec.5) However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.\n- (a) the person takes or possesses the fish— (i) for trade or commerce; or (ii) in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ;\n- (i) for trade or commerce; or\n- (ii) in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ;\n- (b) the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition;\n- (c) the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.\n- (i) for trade or commerce; or\n- (ii) in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ;\n- (a) holds an authority that authorises the person to take fish for trade or commerce; or\n- (b) is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) .","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of commercial fishing apparatus and recreational fishing apparatus","content":"### sec.7 Meaning of commercial fishing apparatus and recreational fishing apparatus\n\nCommercial fishing apparatus is fishing apparatus other than recreational fishing apparatus.\nRecreational fishing apparatus is—\na spear or spear gun; or\nany of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration—\na canister trap;\na cast net;\na collapsible trap;\na crab pot;\na dilly;\na fishing line;\na fork;\na funnel trap;\na hand pump;\na lobster loop;\na pyramid trap;\na round trap;\na scoop net;\na seine net.\n(sec.7-ssec.1) Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus.\n(sec.7-ssec.2) Recreational fishing apparatus is— a spear or spear gun; or any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration— a canister trap; a cast net; a collapsible trap; a crab pot; a dilly; a fishing line; a fork; a funnel trap; a hand pump; a lobster loop; a pyramid trap; a round trap; a scoop net; a seine net.\n- (a) a spear or spear gun; or\n- (b) any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration— (i) a canister trap; (ii) a cast net; (iii) a collapsible trap; (iv) a crab pot; (v) a dilly; (vi) a fishing line; (vii) a fork; (viii) a funnel trap; (ix) a hand pump; (x) a lobster loop; (xi) a pyramid trap; (xii) a round trap; (xiii) a scoop net; (xiv) a seine net.\n- (i) a canister trap;\n- (ii) a cast net;\n- (iii) a collapsible trap;\n- (iv) a crab pot;\n- (v) a dilly;\n- (vi) a fishing line;\n- (vii) a fork;\n- (viii) a funnel trap;\n- (ix) a hand pump;\n- (x) a lobster loop;\n- (xi) a pyramid trap;\n- (xii) a round trap;\n- (xiii) a scoop net;\n- (xiv) a seine net.\n- (i) a canister trap;\n- (ii) a cast net;\n- (iii) a collapsible trap;\n- (iv) a crab pot;\n- (v) a dilly;\n- (vi) a fishing line;\n- (vii) a fork;\n- (viii) a funnel trap;\n- (ix) a hand pump;\n- (x) a lobster loop;\n- (xi) a pyramid trap;\n- (xii) a round trap;\n- (xiii) a scoop net;\n- (xiv) a seine net.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of stowed and secured — Act , s 77A","content":"### sec.8 Meaning of stowed and secured — Act , s 77A\n\nThis section prescribes the meaning of stowed and secured for section 77A (4) of the Act and other legislation mentioned in section 3 (1) .\nA thing is stowed and secured if it is stowed inboard a boat.\n(sec.8-ssec.1) This section prescribes the meaning of stowed and secured for section 77A (4) of the Act and other legislation mentioned in section 3 (1) .\n(sec.8-ssec.2) A thing is stowed and secured if it is stowed inboard a boat.","sortOrder":11},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Key concepts","content":"## Key concepts","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"References to regulated waters","content":"### sec.9 References to regulated waters\n\nGenerally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019 , chapter 2 .\nA reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019 .\nSubsection (2) applies whether or not the reference includes the term ‘regulated waters’.\n(sec.9-ssec.1) Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019 , chapter 2 .\n(sec.9-ssec.2) A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019 .\n(sec.9-ssec.3) Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to commercial fishery","content":"### sec.10 References to commercial fishery\n\nGenerally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 .\nA reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019 .\nSubsection (2) applies whether or not the reference includes the term ‘commercial fishery’.\n(sec.10-ssec.1) Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 .\n(sec.10-ssec.2) A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019 .\n(sec.10-ssec.3) Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"References to licence, permit or quota authority by name","content":"### sec.11 References to licence, permit or quota authority by name\n\nA reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act .\nA reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act .\nA reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act .\n- • A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act .\n- • A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act .","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to licences by fishery symbols","content":"### sec.12 References to licences by fishery symbols\n\nA reference to a fishery symbol followed by the term ‘licence’ is a reference to a primary commercial fishing licence on which the fishery symbol is written.\nA reference to a C2 licence is a reference to a primary commercial fishing licence on which the fishery symbol ‘C2’ is written.\ns 12 sub 2020 SL No. 236 s 116","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"References to primary boat and tender boat and related references","content":"### sec.13 References to primary boat and tender boat and related references\n\nA primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence.\nA tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence.\nIn a provision about a primary commercial fishing licence—\na reference to the primary boat is a reference to the primary boat for the licence under subsection (1) ; and\na reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 2 , part 4 , division 2 ; and\na reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and\na reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce.\nHowever, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat.\nSee the Fisheries (Commercial Fisheries) Regulation 2019 , section 32 (1) (d) and (4) .\ns 13 amd 2020 SL No. 236 s 117 ; 2021 SL No. 29 s 17\n(sec.13-ssec.1) A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence.\n(sec.13-ssec.2) A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence.\n(sec.13-ssec.3) In a provision about a primary commercial fishing licence— a reference to the primary boat is a reference to the primary boat for the licence under subsection (1) ; and a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 2 , part 4 , division 2 ; and a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce.\n(sec.13-ssec.4) However, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat. See the Fisheries (Commercial Fisheries) Regulation 2019 , section 32 (1) (d) and (4) .\n- (a) a reference to the primary boat is a reference to the primary boat for the licence under subsection (1) ; and\n- (b) a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 2 , part 4 , division 2 ; and\n- (c) a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and\n- (d) a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce.","sortOrder":17},{"sectionNumber":"ch.1-pt.2-div.3","sectionType":"division","heading":"Other general interpretative provisions","content":"## Other general interpretative provisions","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"References to periods of days or months","content":"### sec.14 References to periods of days or months\n\nThis section applies if a provision states a period that—\nstarts on a day or in a month (the first-mentioned day or month ); and\nends on a day or in a month (the second-mentioned day or month ).\nThe period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month.\nA stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.\n(sec.14-ssec.1) This section applies if a provision states a period that— starts on a day or in a month (the first-mentioned day or month ); and ends on a day or in a month (the second-mentioned day or month ).\n(sec.14-ssec.2) The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month. A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.\n- (a) starts on a day or in a month (the first-mentioned day or month ); and\n- (b) ends on a day or in a month (the second-mentioned day or month ).","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"References to times","content":"### sec.15 References to times\n\nThis section applies if a provision states a period that starts at a time (the first-mentioned time ) and ends at another time (the second-mentioned time ).\nThe period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year.\nA stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year.\nA stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day.\nA stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.\n(sec.15-ssec.1) This section applies if a provision states a period that starts at a time (the first-mentioned time ) and ends at another time (the second-mentioned time ).\n(sec.15-ssec.2) The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year. A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year. A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day. A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.\n- • A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year.\n- • A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day.\n- • A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.","sortOrder":20},{"sectionNumber":"sec.15A","sectionType":"section","heading":"References relating to fishing operations","content":"### sec.15A References relating to fishing operations\n\nA fishing operation starts and ends as follows—\na fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net—\nstarts when the boat leaves a landing place to carry out fishing; and\nends when the boat stops being used for fishing and lands;\na fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net—\nstarts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and\nends when the commercial fisher stops taking fish and leaves the place;\na fishing operation involving using a boat to take fish using a seine net—\nstarts when the boat enters a beach or foreshore to carry out fishing; and\nends when the boat stops being used for fishing and leaves the beach or foreshore;\na fishing operation not involving using a boat to take fish—\nstarts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and\nends when the commercial fisher or assistant fisher stops fishing and leaves the place.\nA day of a fishing operation—\nis each 24 hour period between when the fishing operation starts and when the fishing operation ends; and\nif the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period.\nAn outside fishing operation day , for a primary commercial fishing licence—\nis each 24 hour period after the first midnight after a fishing operation under the licence ends; and\nif another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.\ns 15A ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38 (1) – (3) )\n(sec.15A-ssec.1) A fishing operation starts and ends as follows— a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net— starts when the boat leaves a landing place to carry out fishing; and ends when the boat stops being used for fishing and lands; a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net— starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and ends when the commercial fisher stops taking fish and leaves the place; a fishing operation involving using a boat to take fish using a seine net— starts when the boat enters a beach or foreshore to carry out fishing; and ends when the boat stops being used for fishing and leaves the beach or foreshore; a fishing operation not involving using a boat to take fish— starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and ends when the commercial fisher or assistant fisher stops fishing and leaves the place.\n(sec.15A-ssec.2) A day of a fishing operation— is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period.\n(sec.15A-ssec.3) An outside fishing operation day , for a primary commercial fishing licence— is each 24 hour period after the first midnight after a fishing operation under the licence ends; and if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.\n- (a) a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net— (i) starts when the boat leaves a landing place to carry out fishing; and (ii) ends when the boat stops being used for fishing and lands;\n- (i) starts when the boat leaves a landing place to carry out fishing; and\n- (ii) ends when the boat stops being used for fishing and lands;\n- (b) a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net— (i) starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and (ii) ends when the commercial fisher stops taking fish and leaves the place;\n- (i) starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and\n- (ii) ends when the commercial fisher stops taking fish and leaves the place;\n- (c) a fishing operation involving using a boat to take fish using a seine net— (i) starts when the boat enters a beach or foreshore to carry out fishing; and (ii) ends when the boat stops being used for fishing and leaves the beach or foreshore;\n- (i) starts when the boat enters a beach or foreshore to carry out fishing; and\n- (ii) ends when the boat stops being used for fishing and leaves the beach or foreshore;\n- (d) a fishing operation not involving using a boat to take fish— (i) starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and (ii) ends when the commercial fisher or assistant fisher stops fishing and leaves the place.\n- (i) starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and\n- (ii) ends when the commercial fisher or assistant fisher stops fishing and leaves the place.\n- (i) starts when the boat leaves a landing place to carry out fishing; and\n- (ii) ends when the boat stops being used for fishing and lands;\n- (i) starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and\n- (ii) ends when the commercial fisher stops taking fish and leaves the place;\n- (i) starts when the boat enters a beach or foreshore to carry out fishing; and\n- (ii) ends when the boat stops being used for fishing and leaves the beach or foreshore;\n- (i) starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and\n- (ii) ends when the commercial fisher or assistant fisher stops fishing and leaves the place.\n- (a) is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and\n- (b) if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period.\n- (a) is each 24 hour period after the first midnight after a fishing operation under the licence ends; and\n- (b) if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.","sortOrder":21},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Meaning of commercial fisher in control of a fishing operation","content":"### sec.15B Meaning of commercial fisher in control of a fishing operation\n\nThe commercial fisher in control , of a fishing operation conducted in a commercial fishery under a primary commercial fishing licence, is the commercial fisher whom the holder of the licence has allowed, under the Fisheries (Commercial Fisheries) Regulation 2019 , section 32 , to act under the licence to take fish, or use a primary boat to take fish, in the fishery.\ns 15B ins 2020 SL No. 236 s 186","sortOrder":22},{"sectionNumber":"sec.15C","sectionType":"section","heading":"References to lands a boat and a landing place for a boat","content":"### sec.15C References to lands a boat and a landing place for a boat\n\nA boat lands when it is brought to a landing place for a boat.\nA landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf.\ns 15C ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38 (4) )\n(sec.15C-ssec.1) A boat lands when it is brought to a landing place for a boat.\n(sec.15C-ssec.2) A landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf.","sortOrder":23},{"sectionNumber":"sec.15D","sectionType":"section","heading":"References to lands a fish and a landing place for fish taken without a boat","content":"### sec.15D References to lands a fish and a landing place for fish taken without a boat\n\nA fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat.\nA landing place for fish taken without using a boat is a place where the fish can be brought to shore.\ns 15D ins 2020 SL No. 236 s 186\n(sec.15D-ssec.1) A fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat.\n(sec.15D-ssec.2) A landing place for fish taken without using a boat is a place where the fish can be brought to shore.","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"References relating to fish","content":"### sec.16 References relating to fish\n\nSchedule 7 provides for the interpretation of references to, or relating to, particular species of fish, including, for example—\nthe scientific names for the species of fish; and\nthe interpretation of references to a stock of fish.\n- (a) the scientific names for the species of fish; and\n- (b) the interpretation of references to a stock of fish.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"References relating to waters or areas","content":"### sec.17 References relating to waters or areas\n\nSchedule 8 provides for the interpretation of references to, or relating to, particular waters or areas, including, for example—\nmatters about working out boundaries of particular waters or areas; and\nthe meaning of particular types of waters or areas or references to particular types of waters or areas.\n- (a) matters about working out boundaries of particular waters or areas; and\n- (b) the meaning of particular types of waters or areas or references to particular types of waters or areas.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"References relating to boats","content":"### sec.18 References relating to boats\n\nSchedule 9 provides for the interpretation of references to, or relating to, boats, including, for example, working out a boat’s dimensions and hull units and the boat engine’s maximum continuous brake kW.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"References relating to fishing apparatus","content":"### sec.19 References relating to fishing apparatus\n\nSchedule 10 provides for the interpretation of references to, or relating to, particular fishing apparatus, including, for example—\nthe meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and\nhow to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.\n- (a) the meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and\n- (b) how to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.","sortOrder":28},{"sectionNumber":"ch.1-pt.2-div.4","sectionType":"division","heading":"Meaning of aquaculture","content":"## Meaning of aquaculture","sortOrder":29},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Cultivation of live fisheries resources for sale that is not aquaculture— Act , sch 1 , definition aquaculture","content":"### sec.19A Cultivation of live fisheries resources for sale that is not aquaculture— Act , sch 1 , definition aquaculture\n\nFor schedule 1 of the Act , definition aquaculture , the following circumstances are prescribed—\nmaintaining live fisheries resources taken under an authority before sale if—\nthe maintenance does not involve breeding or enhancing the development of the resources; and\nthe fisheries resources are not released into Queensland waters;\ncultivating live fish taken under an A1 or A2 licence before sale if—\nthe cultivation does not involve breeding the fish; and\nthe fish are not released into Queensland waters;\ncultivating live fish taken under a D licence before sale if—\nthe cultivation does not involve propagation, other than by fragmentation, of the fish; and\nthe fish are not released into Queensland waters;\nmaintaining live fisheries resources in a retail outlet for sale if the fisheries resources are not released into Queensland waters.\ns 19A ins 2020 SL No. 236 s 64\n- (a) maintaining live fisheries resources taken under an authority before sale if— (i) the maintenance does not involve breeding or enhancing the development of the resources; and (ii) the fisheries resources are not released into Queensland waters;\n- (i) the maintenance does not involve breeding or enhancing the development of the resources; and\n- (ii) the fisheries resources are not released into Queensland waters;\n- (b) cultivating live fish taken under an A1 or A2 licence before sale if— (i) the cultivation does not involve breeding the fish; and (ii) the fish are not released into Queensland waters;\n- (i) the cultivation does not involve breeding the fish; and\n- (ii) the fish are not released into Queensland waters;\n- (c) cultivating live fish taken under a D licence before sale if— (i) the cultivation does not involve propagation, other than by fragmentation, of the fish; and (ii) the fish are not released into Queensland waters;\n- (i) the cultivation does not involve propagation, other than by fragmentation, of the fish; and\n- (ii) the fish are not released into Queensland waters;\n- (d) maintaining live fisheries resources in a retail outlet for sale if the fisheries resources are not released into Queensland waters.\n- (i) the maintenance does not involve breeding or enhancing the development of the resources; and\n- (ii) the fisheries resources are not released into Queensland waters;\n- (i) the cultivation does not involve breeding the fish; and\n- (ii) the fish are not released into Queensland waters;\n- (i) the cultivation does not involve propagation, other than by fragmentation, of the fish; and\n- (ii) the fish are not released into Queensland waters;","sortOrder":30},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Prescribed acts for which authority required","content":"# Prescribed acts for which authority required","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Prescribed acts— Act , s 82","content":"### sec.20 Prescribed acts— Act , s 82\n\nFor section 82 of the Act , schedule 1 prescribes—\neach act that must only be done by the holder of an authority; and\npersons who have authority under the Act to do the act.\n- (a) each act that must only be done by the holder of an authority; and\n- (b) persons who have authority under the Act to do the act.","sortOrder":32},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Defence for Aboriginal people or Torres Strait Islander people","content":"# Defence for Aboriginal people or Torres Strait Islander people","sortOrder":33},{"sectionNumber":"sec.21","sectionType":"section","heading":"Prescribed fishing apparatus— Act , s 14","content":"### sec.21 Prescribed fishing apparatus— Act , s 14\n\nFor section 14 (3) of the Act , definition prescribed fishing apparatus , paragraph (b) , a fish trap is prescribed.\nIn this section—\nfish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.\n(sec.21-ssec.1) For section 14 (3) of the Act , definition prescribed fishing apparatus , paragraph (b) , a fish trap is prescribed.\n(sec.21-ssec.2) In this section— fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.","sortOrder":34},{"sectionNumber":"sec.22","sectionType":"section","heading":"Prescribed waters— Act , s 14","content":"### sec.22 Prescribed waters— Act , s 14\n\nFor section 14 (3) of the Act , definition prescribed waters , paragraph (b) , the following regulated waters are prescribed—\nBarron River (fishing)\nBizant River, Princess Charlotte Bay\nBurnett River Barrage\nCentenary Lakes, Cairns\nCoombabah Lake and Coombabah Creek\nFitzroy River Barrage\nHook Island (fishing)\nKeppel Bay (fishing)\nKolan River Barrage\nMary River Barrage\nSwan Bay\nTinana Creek Barrage\nWolf Rock (grey nurse shark protection area)\nYanks Jetty at Orpheus Island.\n- • Barron River (fishing)\n- • Bizant River, Princess Charlotte Bay\n- • Burnett River Barrage\n- • Centenary Lakes, Cairns\n- • Coombabah Lake and Coombabah Creek\n- • Fitzroy River Barrage\n- • Hook Island (fishing)\n- • Keppel Bay (fishing)\n- • Kolan River Barrage\n- • Mary River Barrage\n- • Swan Bay\n- • Tinana Creek Barrage\n- • Wolf Rock (grey nurse shark protection area)\n- • Yanks Jetty at Orpheus Island.","sortOrder":35},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"General matters","content":"# General matters","sortOrder":36},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"Authorities that may be issued","content":"## Authorities that may be issued","sortOrder":37},{"sectionNumber":"sec.23","sectionType":"section","heading":"Purpose of division","content":"### sec.23 Purpose of division\n\nThis division states the types of licences, permits and quota authorities the chief executive may issue under section 49 of the Act .","sortOrder":38},{"sectionNumber":"sec.24","sectionType":"section","heading":"Types of licences","content":"### sec.24 Types of licences\n\nThe chief executive may issue a licence of any of the following types—\na primary commercial fishing licence;\na commercial fisher licence;\na charter fishing licence.\ns 24 sub 2020 SL No. 236 s 118\n- (a) a primary commercial fishing licence;\n- (b) a commercial fisher licence;\n- (c) a charter fishing licence.","sortOrder":39},{"sectionNumber":"sec.25","sectionType":"section","heading":"Types of permits","content":"### sec.25 Types of permits\n\nThe chief executive may issue a permit of any of the following types—\na developmental fishing permit;\nan indigenous fishing permit;\na stocked impoundment permit;\na filleting permit for an RQ licence or SM licence;\na permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes—\neducation;\nresearch;\nenvironmental protection;\npublic health or safety;\nindigenous fishing;\nfish salvage;\nfish stocking;\nbroodstock or culture stock collection;\ntrialling alternative commercial apparatus or fishing activities.\ns 25 amd 2020 SL No. 236 s 65\n- (a) a developmental fishing permit;\n- (b) an indigenous fishing permit;\n- (c) a stocked impoundment permit;\n- (d) a filleting permit for an RQ licence or SM licence;\n- (e) a permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes— (i) education; (ii) research; (iii) environmental protection; (iv) public health or safety; (v) indigenous fishing; (vi) fish salvage; (vii) fish stocking; (viii) broodstock or culture stock collection; (ix) trialling alternative commercial apparatus or fishing activities.\n- (i) education;\n- (ii) research;\n- (iii) environmental protection;\n- (iv) public health or safety;\n- (v) indigenous fishing;\n- (vi) fish salvage;\n- (vii) fish stocking;\n- (viii) broodstock or culture stock collection;\n- (ix) trialling alternative commercial apparatus or fishing activities.\n- (i) education;\n- (ii) research;\n- (iii) environmental protection;\n- (iv) public health or safety;\n- (v) indigenous fishing;\n- (vi) fish salvage;\n- (vii) fish stocking;\n- (viii) broodstock or culture stock collection;\n- (ix) trialling alternative commercial apparatus or fishing activities.","sortOrder":40},{"sectionNumber":"sec.26","sectionType":"section","heading":"Types of quota authorities","content":"### sec.26 Types of quota authorities\n\nThe following are the types of quota authorities the chief executive has issued under the Act —\nT1 effort units and T2 effort units;\nSchedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.\nSM units;\nCT line units, OS line units and RTE line units;\nC2-ITQ units;\nT4-ITQ units.\nAlso, the chief executive may issue the following types of quota authorities under the Act —\neffort units for the Moreton Bay trawl region;\nGM5-ITQ units, SCM5-ITQ units and WT5-ITQ units;\nThe quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units.\nBC1-ITQ units, EC1-ITQ units and GC1-ITQ units;\nThe quota authorities mentioned in this paragraph are collectively known as C1-ITQ units.\nB1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units;\nThe quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units.\nDS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units.\nThe quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.\ns 26 amd 2020 SL No. 236 s 66 ; 2023 SL No. 44 s 18 ; 2023 SL No. 194 s 35\n(sec.26-ssec.1) The following are the types of quota authorities the chief executive has issued under the Act — T1 effort units and T2 effort units; Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region. SM units; CT line units, OS line units and RTE line units; C2-ITQ units; T4-ITQ units.\n(sec.26-ssec.2) Also, the chief executive may issue the following types of quota authorities under the Act — effort units for the Moreton Bay trawl region; GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units; The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units. BC1-ITQ units, EC1-ITQ units and GC1-ITQ units; The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units. B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units; The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units. DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units. The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.\n- (a) T1 effort units and T2 effort units; Note— Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.\n- (b) SM units;\n- (c) CT line units, OS line units and RTE line units;\n- (d) C2-ITQ units;\n- (e) T4-ITQ units.\n- (a) effort units for the Moreton Bay trawl region;\n- (b) GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units; Note— The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units.\n- (c) BC1-ITQ units, EC1-ITQ units and GC1-ITQ units; Note— The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units.\n- (d) B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units; Note— The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units.\n- (e) DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units. Note— The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.","sortOrder":41},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":"General restrictions on issue of authorities","content":"## General restrictions on issue of authorities","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Use of bottom set line in Gulf of Carpentaria waters must not be authorised","content":"### sec.27 Use of bottom set line in Gulf of Carpentaria waters must not be authorised\n\nThe chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Only particular authorities may authorise particular activities","content":"### sec.28 Only particular authorities may authorise particular activities\n\nThe chief executive may issue an authority authorising an activity mentioned in column 1 of the following table only of a type mentioned opposite the activity in column 2—\nActivity\nType of authority that may be issued\nremove, destroy or damage dead marine wood on unallocated State land for trade or commerce\nresource allocation authority\ncarry out development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) , in a declared fish habitat area\nresource allocation authority\ntake freshwater fish from a prescribed stocked impoundment using a fishing line\nstocked impoundment permit or general fisheries permit\nrelease aquaculture fisheries resources into Queensland waters\ngeneral fisheries permit","sortOrder":44},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":"Authorisation under authorities generally","content":"## Authorisation under authorities generally","sortOrder":45},{"sectionNumber":"sec.29","sectionType":"section","heading":"Activities authorised under authority","content":"### sec.29 Activities authorised under authority\n\nThis section states particular matters about what an authority authorises under section 52 of the Act .\nAn authority authorises the carrying out of an activity stated—\nin the authority; or\nin a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 .\nThe authorisation is subject to the conditions—\nstated in the authority; or\nprescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 .\nAlso, the authorisation, including the conditions to which it is subject under subsection (3) , is subject to any provision of the Fisheries Declaration 2019 that—\nprohibits the carrying out of the activity; or\nprohibits the carrying out of the activity in particular circumstances; or\notherwise imposes a restriction on how the activity may be carried out.\n(sec.29-ssec.1) This section states particular matters about what an authority authorises under section 52 of the Act .\n(sec.29-ssec.2) An authority authorises the carrying out of an activity stated— in the authority; or in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 .\n(sec.29-ssec.3) The authorisation is subject to the conditions— stated in the authority; or prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 .\n(sec.29-ssec.4) Also, the authorisation, including the conditions to which it is subject under subsection (3) , is subject to any provision of the Fisheries Declaration 2019 that— prohibits the carrying out of the activity; or prohibits the carrying out of the activity in particular circumstances; or otherwise imposes a restriction on how the activity may be carried out.\n- (a) in the authority; or\n- (b) in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 .\n- (a) stated in the authority; or\n- (b) prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 .\n- (a) prohibits the carrying out of the activity; or\n- (b) prohibits the carrying out of the activity in particular circumstances; or\n- (c) otherwise imposes a restriction on how the activity may be carried out.","sortOrder":46},{"sectionNumber":"sec.30","sectionType":"section","heading":"When a person is carrying out activity under an authority","content":"### sec.30 When a person is carrying out activity under an authority\n\nA person carries out an activity under an authority only if—\nthe authority authorises the carrying out of the activity under section 29 ; and\nthe person is the holder of the authority or another person authorised to carry out the activity under the authority; and\nthe person carries out the activity in accordance with the conditions mentioned in section 29 (3) , and the provisions mentioned in section 29 (4) , to which the authorisation is subject.\n- (a) the authority authorises the carrying out of the activity under section 29 ; and\n- (b) the person is the holder of the authority or another person authorised to carry out the activity under the authority; and\n- (c) the person carries out the activity in accordance with the conditions mentioned in section 29 (3) , and the provisions mentioned in section 29 (4) , to which the authorisation is subject.","sortOrder":47},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":48},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Primary commercial fishing licence","content":"## Primary commercial fishing licence","sortOrder":49},{"sectionNumber":"sec.31","sectionType":"section","heading":"Restrictions on issue of licence","content":"### sec.31 Restrictions on issue of licence\n\nThe chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat—\nis a domestic commercial vessel; and\nis not already identified as a primary commercial fishing boat in another primary commercial fishing licence.\nOnly 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence.\ns 31 sub 2020 SL No. 236 s 119\n(sec.31-ssec.1) The chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat— is a domestic commercial vessel; and is not already identified as a primary commercial fishing boat in another primary commercial fishing licence.\n(sec.31-ssec.2) Only 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence.\n- (a) is a domestic commercial vessel; and\n- (b) is not already identified as a primary commercial fishing boat in another primary commercial fishing licence.","sortOrder":50},{"sectionNumber":"sec.32","sectionType":"section","heading":"Deciding number of tender boats for licence","content":"### sec.32 Deciding number of tender boats for licence\n\nIf the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number ) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence.\nSubsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’.\nThe authorised number may be zero or a particular number.\nHowever, the authorised number must not be more than—\nfor the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or\nfor the fishery symbol ‘B1’ or ‘J1’—4; or\nfor the fishery symbol ‘R’—8; or\nfor another fishery symbol—7.\nFor the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol.\nThe chief executive must give the holder of the licence an information notice for a decision under this section.\ns 32 sub 2020 SL No. 236 s 119\namd 2021 SL No. 29 s 18\n(sec.32-ssec.1) If the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number ) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence.\n(sec.32-ssec.2) Subsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’.\n(sec.32-ssec.3) The authorised number may be zero or a particular number.\n(sec.32-ssec.4) However, the authorised number must not be more than— for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or for the fishery symbol ‘B1’ or ‘J1’—4; or for the fishery symbol ‘R’—8; or for another fishery symbol—7.\n(sec.32-ssec.5) For the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol.\n(sec.32-ssec.6) The chief executive must give the holder of the licence an information notice for a decision under this section.\n- (a) for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or\n- (b) for the fishery symbol ‘B1’ or ‘J1’—4; or\n- (c) for the fishery symbol ‘R’—8; or\n- (d) for another fishery symbol—7.","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authorisation and conditions","content":"### sec.33 Authorisation and conditions\n\nThe Fisheries (Commercial Fisheries) Regulation 2019 provides for—\nthe authorisation under a primary commercial fishing licence; and\nconditions applying to a primary commercial fishing licence.\ns 33 sub 2020 SL No. 236 s 119\n- (a) the authorisation under a primary commercial fishing licence; and\n- (b) conditions applying to a primary commercial fishing licence.","sortOrder":52},{"sectionNumber":"sec.34","sectionType":"section","heading":"Particular licences not transferable","content":"### sec.34 Particular licences not transferable\n\nThe following primary commercial fishing licences are not transferable—\na licence on which the fishery symbol ‘E’ is written;\na licence on which the fishery symbol ‘NX’ is written.\ns 34 sub 2020 SL No. 236 s 119 ; 2023 SL No. 194 s 36\n- (a) a licence on which the fishery symbol ‘E’ is written;\n- (b) a licence on which the fishery symbol ‘NX’ is written.","sortOrder":53},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Commercial fisher licence","content":"## Commercial fisher licence","sortOrder":54},{"sectionNumber":"sec.35","sectionType":"section","heading":"Restriction on issue of licence","content":"### sec.35 Restriction on issue of licence\n\nThe chief executive may issue a commercial fisher licence to a person only if the person—\nis at least 18 years of age; and\nhas knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries.\ns 35 sub 2020 SL No. 236 s 119\n- (a) is at least 18 years of age; and\n- (b) has knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries.","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Authorisation and conditions","content":"### sec.36 Authorisation and conditions\n\nThe Fisheries (Commercial Fisheries) Regulation 2019 provides for—\nthe authorisation under a commercial fisher licence; and\nconditions applying to a commercial fisher licence.\ns 36 sub 2020 SL No. 236 s 119\n- (a) the authorisation under a commercial fisher licence; and\n- (b) conditions applying to a commercial fisher licence.","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Licence not transferable","content":"### sec.37 Licence not transferable\n\nA commercial fisher licence is not transferable.\ns 37 sub 2020 SL No. 236 s 119","sortOrder":57},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Charter fishing licence","content":"## Charter fishing licence","sortOrder":58},{"sectionNumber":"sec.38","sectionType":"section","heading":"Authorisation","content":"### sec.38 Authorisation\n\nThe holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters.\nThe holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence.\nA person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1) .\ns 38 sub 2020 SL No. 236 s 119\n(sec.38-ssec.1) The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters.\n(sec.38-ssec.2) The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence.\n(sec.38-ssec.3) A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1) .","sortOrder":59},{"sectionNumber":"sec.39","sectionType":"section","heading":"Condition about taking maray or Australian sardines","content":"### sec.39 Condition about taking maray or Australian sardines\n\nIt is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip—\nfor a purpose other than use as bait for fishing during the trip; or\nin a way that contravenes the Fisheries Declaration 2019 , chapter 4 , part 4 .\ns 39 sub 2020 SL No. 236 s 119\n- (a) for a purpose other than use as bait for fishing during the trip; or\n- (b) in a way that contravenes the Fisheries Declaration 2019 , chapter 4 , part 4 .","sortOrder":60},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":61},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2020 SL No. 236 s 119","sortOrder":62},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2020 SL No. 236 s 119","sortOrder":63},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2020 SL No. 236 s 119","sortOrder":64},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2020 SL No. 236 s 119","sortOrder":65},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":66},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2020 SL No. 236 s 119","sortOrder":67},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2020 SL No. 236 s 119","sortOrder":68},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Permits","content":"# Permits","sortOrder":69},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Restrictions on issue of particular permits","content":"## Restrictions on issue of particular permits","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Possessing or using purse seine net must not be authorised","content":"### sec.46 Possessing or using purse seine net must not be authorised\n\nThe chief executive must not issue a permit authorising any of the following—\npossessing a purse seine net;\nusing a purse seine net to take fish;\npossessing fish taken in contravention of paragraph (b) .\n- (a) possessing a purse seine net;\n- (b) using a purse seine net to take fish;\n- (c) possessing fish taken in contravention of paragraph (b) .","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Restriction on authorising taking or possessing of maray or Australian sardines","content":"### sec.47 Restriction on authorising taking or possessing of maray or Australian sardines\n\nThe chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce.\nS ubsection (1) does not apply if—\nthe permit authorises the taking or possession of maray or Australian sardines for only 1 of the following—\nto use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit;\nto use as food for display fish;\nfor research; or\nthe permit is a replacement for a permit mentioned in subsection (1) .\ns 47 amd 2020 SL No. 236 s 124 sch 2\n(sec.47-ssec.1) The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce.\n(sec.47-ssec.2) S ubsection (1) does not apply if— the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following— to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit; to use as food for display fish; for research; or the permit is a replacement for a permit mentioned in subsection (1) .\n- (a) the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following— (i) to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit; (ii) to use as food for display fish; (iii) for research; or\n- (i) to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit;\n- (ii) to use as food for display fish;\n- (iii) for research; or\n- (b) the permit is a replacement for a permit mentioned in subsection (1) .\n- (i) to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit;\n- (ii) to use as food for display fish;\n- (iii) for research; or","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Restriction on authorising taking or possessing of freshwater fish","content":"### sec.48 Restriction on authorising taking or possessing of freshwater fish\n\nThe chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce.\nS ubsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.\n(sec.48-ssec.1) The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce.\n(sec.48-ssec.2) S ubsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit","content":"### sec.49 Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit\n\nThe chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters.\nSubsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1) .\n(sec.49-ssec.1) The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters.\n(sec.49-ssec.2) Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1) .","sortOrder":74},{"sectionNumber":"sec.50","sectionType":"section","heading":"Maximum term of general fisheries permit","content":"### sec.50 Maximum term of general fisheries permit\n\nThe chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years.","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Restriction on authorising taking of fish in particular regulated waters under general fisheries permit","content":"### sec.51 Restriction on authorising taking of fish in particular regulated waters under general fisheries permit\n\nThe chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession of fish taken in, the regulated waters mentioned in the Fisheries Declaration 2019 , section 17 (2) unless the permit is for an activity for which any of the following is the sole or main purpose—\nresearch;\nenvironmental protection;\npublic health or safety.\n- (a) research;\n- (b) environmental protection;\n- (c) public health or safety.","sortOrder":76},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Restriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permit","content":"### sec.51A Restriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permit\n\nThe chief executive must not issue a general fisheries permit authorising the taking or possession of regulated coral reef fin fish in coral reef fin fish waters in a regulated period mentioned in the Fisheries Declaration 2019 , section 23 .\ns 51A ins 2020 SL No. 236 s 67","sortOrder":77},{"sectionNumber":"sec.52","sectionType":"section","heading":"Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit","content":"### sec.52 Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit\n\nThe chief executive must not issue a general fisheries permit authorising a commercial fisher to use a cast net, mesh net, seine net or set pocket net to take fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019 , section 65 (1) .","sortOrder":78},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Authorisations under particular permits","content":"## Authorisations under particular permits","sortOrder":79},{"sectionNumber":"sec.53","sectionType":"section","heading":"Developmental fishing permit","content":"### sec.53 Developmental fishing permit\n\nThe holder of a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—\nassess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery identified in the permit;\nbuy, use and possess fishing apparatus to carry out the assessment;\ntake, possess and process fish taken for carrying out the assessment;\nsell the fish taken for carrying out the assessment.\n- (a) assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery identified in the permit;\n- (b) buy, use and possess fishing apparatus to carry out the assessment;\n- (c) take, possess and process fish taken for carrying out the assessment;\n- (d) sell the fish taken for carrying out the assessment.","sortOrder":80},{"sectionNumber":"sec.54","sectionType":"section","heading":"Indigenous fishing permit","content":"### sec.54 Indigenous fishing permit\n\nThe holder of an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—\nassess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a fishery identified in the permit;\nbuy, use and possess fishing apparatus to carry out the assessment;\ntake, possess and process fish taken for carrying out the assessment;\nsell the fish taken for carrying out the assessment.\n- (a) assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a fishery identified in the permit;\n- (b) buy, use and possess fishing apparatus to carry out the assessment;\n- (c) take, possess and process fish taken for carrying out the assessment;\n- (d) sell the fish taken for carrying out the assessment.","sortOrder":81},{"sectionNumber":"sec.55","sectionType":"section","heading":"Stocked impoundment permit","content":"### sec.55 Stocked impoundment permit\n\nThe holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.","sortOrder":82},{"sectionNumber":"sec.56","sectionType":"section","heading":"Filleting permit","content":"### sec.56 Filleting permit\n\nThe holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence.\nThe holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence.\ns 56 sub 2020 SL No. 236 s 68\n(sec.56-ssec.1) The holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence.\n(sec.56-ssec.2) The holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence.","sortOrder":83},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Conditions applying to particular permits","content":"## Conditions applying to particular permits","sortOrder":84},{"sectionNumber":"sec.57","sectionType":"section","heading":"General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters","content":"### sec.57 General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters\n\nThis section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.\nIt is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2 .\n(sec.57-ssec.1) This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.\n(sec.57-ssec.2) It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2 .","sortOrder":85},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Quota authorities","content":"# Quota authorities","sortOrder":86},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Restrictions on issue","content":"## Restrictions on issue","sortOrder":87},{"sectionNumber":"sec.58","sectionType":"section","heading":"Restriction on further issue of particular quota authorities","content":"### sec.58 Restriction on further issue of particular quota authorities\n\nThe chief executive must not issue any new—\nT1 effort or T2 units; or\nSM units; or\nCT line units, OS line units or RTE line units; or\nC2-ITQ units; or\nT4-ITQ units.\nHowever, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A , part 1 .\ns 58 amd 2020 SL No. 236 s 70\n(sec.58-ssec.1) The chief executive must not issue any new— T1 effort or T2 units; or SM units; or CT line units, OS line units or RTE line units; or C2-ITQ units; or T4-ITQ units.\n(sec.58-ssec.2) However, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A , part 1 .\n- (a) T1 effort or T2 units; or\n- (b) SM units; or\n- (c) CT line units, OS line units or RTE line units; or\n- (d) C2-ITQ units; or\n- (e) T4-ITQ units.","sortOrder":88},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Issue of effort units for the Moreton Bay trawl region","content":"### sec.58A Issue of effort units for the Moreton Bay trawl region\n\nThe chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A , part 2 .\nThe chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021.\ns 58A ins 2020 SL No. 236 s 71\n(sec.58A-ssec.1) The chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A , part 2 .\n(sec.58A-ssec.2) The chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021.","sortOrder":89},{"sectionNumber":"sec.58B","sectionType":"section","heading":"Issue of ENL-ITQ units","content":"### sec.58B Issue of ENL-ITQ units\n\nThe chief executive must issue ENL-ITQ units under schedule 2B .\nThe chief executive must not issue any ENL-ITQ units after 31 August 2021.\ns 58B ins 2020 SL No. 236 s 71\n(sec.58B-ssec.1) The chief executive must issue ENL-ITQ units under schedule 2B .\n(sec.58B-ssec.2) The chief executive must not issue any ENL-ITQ units after 31 August 2021.","sortOrder":90},{"sectionNumber":"sec.58C","sectionType":"section","heading":"Issue of C1-ITQ units","content":"### sec.58C Issue of C1-ITQ units\n\nThe chief executive must issue C1-ITQ units under schedule 2C .\nThe chief executive must not issue any C1-ITQ units after 31 August 2021.\ns 58C ins 2020 SL No. 236 s 71\n(sec.58C-ssec.1) The chief executive must issue C1-ITQ units under schedule 2C .\n(sec.58C-ssec.2) The chief executive must not issue any C1-ITQ units after 31 August 2021.","sortOrder":91},{"sectionNumber":"sec.58D","sectionType":"section","heading":"Issue of hand-harvest ITQ units","content":"### sec.58D Issue of hand-harvest ITQ units\n\nThe chief executive must issue hand-harvest ITQ units under schedule 2D .\nThe chief executive must not issue any hand-harvest ITQ units after 31 August 2021.\ns 58D ins 2020 SL No. 236 s 71\n(sec.58D-ssec.1) The chief executive must issue hand-harvest ITQ units under schedule 2D .\n(sec.58D-ssec.2) The chief executive must not issue any hand-harvest ITQ units after 31 August 2021.","sortOrder":92},{"sectionNumber":"sec.58E","sectionType":"section","heading":"Issue of select coral ITQ units","content":"### sec.58E Issue of select coral ITQ units\n\nThe chief executive must issue select coral ITQ units under schedule 2E .\nThe chief executive must not issue any select coral ITQ units after 30 June 2023.\ns 58E ins 2023 SL No. 44 s 19\n(sec.58E-ssec.1) The chief executive must issue select coral ITQ units under schedule 2E .\n(sec.58E-ssec.2) The chief executive must not issue any select coral ITQ units after 30 June 2023.","sortOrder":93},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Authorisation and conditions","content":"## Authorisation and conditions","sortOrder":94},{"sectionNumber":"sec.59","sectionType":"section","heading":"Authorisation under and conditions of quota authority","content":"### sec.59 Authorisation under and conditions of quota authority\n\nThe Fisheries (Commercial Fisheries) Regulation 2019 provides for—\nthe authorisation under a quota authority; and\nconditions applying to a quota authority.\n- (a) the authorisation under a quota authority; and\n- (b) conditions applying to a quota authority.","sortOrder":95},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Resource allocation authorities","content":"# Resource allocation authorities","sortOrder":96},{"sectionNumber":"sec.60","sectionType":"section","heading":"Meaning of prescribed development purpose for declared fish habitat area","content":"### sec.60 Meaning of prescribed development purpose for declared fish habitat area\n\nA prescribed development purpose , for a declared fish habitat area, is any of the following in, or directly affecting, the area—\nrestoring the fish habitat or natural processes;\nreinstating tidal profiles for allowing restoration of marine plant communities\nrestoring tidal flows and inundation patterns\nmanaging fisheries resources or fish habitat;\nconstructing a boardwalk for public access within the declared fish habitat area for preventing uncontrolled disturbance of the habitat\nresearching, including monitoring, or educating;\nensuring public health or safety;\nproviding public infrastructure to facilitate fishing;\na boat ramp or jetty for public use\nproviding subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;\nconstructing a temporary structure;\nmaintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act ;\nmaintaining a structure, other than a structure mentioned in paragraph (h) , that has been lawfully constructed;\nfor a part of the area that is a management B area—\nconstructing a permanent structure in the area; or\ndepositing material for beach replenishment in the area for the purpose of erosion control.\n- (a) restoring the fish habitat or natural processes; Examples— • reinstating tidal profiles for allowing restoration of marine plant communities • restoring tidal flows and inundation patterns\n- • reinstating tidal profiles for allowing restoration of marine plant communities\n- • restoring tidal flows and inundation patterns\n- (b) managing fisheries resources or fish habitat; Example— constructing a boardwalk for public access within the declared fish habitat area for preventing uncontrolled disturbance of the habitat\n- (c) researching, including monitoring, or educating;\n- (d) ensuring public health or safety;\n- (e) providing public infrastructure to facilitate fishing; Examples of public infrastructure— a boat ramp or jetty for public use\n- (f) providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;\n- (g) constructing a temporary structure;\n- (h) maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act ;\n- (i) maintaining a structure, other than a structure mentioned in paragraph (h) , that has been lawfully constructed;\n- (j) for a part of the area that is a management B area— (i) constructing a permanent structure in the area; or (ii) depositing material for beach replenishment in the area for the purpose of erosion control.\n- (i) constructing a permanent structure in the area; or\n- (ii) depositing material for beach replenishment in the area for the purpose of erosion control.\n- • reinstating tidal profiles for allowing restoration of marine plant communities\n- • restoring tidal flows and inundation patterns\n- (i) constructing a permanent structure in the area; or\n- (ii) depositing material for beach replenishment in the area for the purpose of erosion control.","sortOrder":97},{"sectionNumber":"sec.61","sectionType":"section","heading":"Restriction on issue of particular resource allocation authorities","content":"### sec.61 Restriction on issue of particular resource allocation authorities\n\nThe chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.\nBefore deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates—\nthe effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;\nfor a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;\nfor a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.\n(sec.61-ssec.1) The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.\n(sec.61-ssec.2) Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates— the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities; for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area; for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.\n- (a) the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;\n- (b) for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;\n- (c) for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.","sortOrder":98},{"sectionNumber":"sec.62","sectionType":"section","heading":"Authorisation under resource allocation authority","content":"### sec.62 Authorisation under resource allocation authority\n\nThe holder of a resource allocation authority may do any of the following under the authority—\nfor an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) —interfere with the declared fish habitat area mentioned in the authority;\nfor an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;\nfor an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.\nHowever, the holder may do an act mentioned in subsection (1) only if—\nthe holder does the act in relation to the development to which the authority relates; and\nthe development is carried out in a way that is authorised under the Planning Act .\n(sec.62-ssec.1) The holder of a resource allocation authority may do any of the following under the authority— for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) —interfere with the declared fish habitat area mentioned in the authority; for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority; for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.\n(sec.62-ssec.2) However, the holder may do an act mentioned in subsection (1) only if— the holder does the act in relation to the development to which the authority relates; and the development is carried out in a way that is authorised under the Planning Act .\n- (a) for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) —interfere with the declared fish habitat area mentioned in the authority;\n- (b) for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;\n- (c) for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.\n- (a) the holder does the act in relation to the development to which the authority relates; and\n- (b) the development is carried out in a way that is authorised under the Planning Act .","sortOrder":99},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Criteria for suspending or cancelling particular authorities","content":"# Criteria for suspending or cancelling particular authorities","sortOrder":100},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of part","content":"### sec.63 Application of part\n\nFor section 68B (3) (b) (i) of the Act , this part prescribes criteria for the suspension or cancellation of particular authorities.","sortOrder":101},{"sectionNumber":"sec.64","sectionType":"section","heading":"Counting convictions","content":"### sec.64 Counting convictions\n\nIn this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence.\nAlso, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.\ns 64 amd 2023 Act No. 23 s 247 sch 1 s 17\n(sec.64-ssec.1) In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence.\n(sec.64-ssec.2) Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.","sortOrder":102},{"sectionNumber":"sec.65","sectionType":"section","heading":"Criteria for suspending or cancelling particular licences","content":"### sec.65 Criteria for suspending or cancelling particular licences\n\nThis section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person.\nAn appropriate period of suspension may be—\nfor the person’s first conviction—3 months to 1 year; or\nfor the person’s second conviction—6 months to 3 years; or\nfor the person’s third or later conviction—1 year to 5 years.\nCancellation of the person’s licence may be appropriate for the person’s third or later conviction.\ns 65 sub 2020 SL No. 236 s 120\n(sec.65-ssec.1) This section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person.\n(sec.65-ssec.2) An appropriate period of suspension may be— for the person’s first conviction—3 months to 1 year; or for the person’s second conviction—6 months to 3 years; or for the person’s third or later conviction—1 year to 5 years.\n(sec.65-ssec.3) Cancellation of the person’s licence may be appropriate for the person’s third or later conviction.\n- (a) for the person’s first conviction—3 months to 1 year; or\n- (b) for the person’s second conviction—6 months to 3 years; or\n- (c) for the person’s third or later conviction—1 year to 5 years.","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":"Criteria for suspending effort units","content":"### sec.66 Criteria for suspending effort units\n\nThis section applies in relation to effort units for a trawl region held by a person.\nAn appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65 .\nA holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that would entitle A to use the primary boat under the licence for 3 months to 1 year.\ns 66 amd 2020 SL No. 236 s 187\n(sec.66-ssec.1) This section applies in relation to effort units for a trawl region held by a person.\n(sec.66-ssec.2) An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65 . A holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that would entitle A to use the primary boat under the licence for 3 months to 1 year.","sortOrder":104},{"sectionNumber":"sec.67","sectionType":"section","heading":"Criteria for suspending or cancelling SM units","content":"### sec.67 Criteria for suspending or cancelling SM units\n\nThis section applies in relation to SM units held by a person.\nAn appropriate suspension may be—\nif the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or\notherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.\nAn appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.\n(sec.67-ssec.1) This section applies in relation to SM units held by a person.\n(sec.67-ssec.2) An appropriate suspension may be— if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.\n(sec.67-ssec.3) An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.\n- (a) if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or\n- (b) otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.","sortOrder":105},{"sectionNumber":"sec.68","sectionType":"section","heading":"Criteria for suspending line units","content":"### sec.68 Criteria for suspending line units\n\nThis section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year—\nthe person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or\nan RQ fishery licence held by the person is suspended.\nAn appropriate suspension may be—\nfor subsection (1) (a) —suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or\nfor subsection (1) (b) —suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.\n(sec.68-ssec.1) This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year— the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or an RQ fishery licence held by the person is suspended.\n(sec.68-ssec.2) An appropriate suspension may be— for subsection (1) (a) —suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or for subsection (1) (b) —suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.\n- (a) the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or\n- (b) an RQ fishery licence held by the person is suspended.\n- (a) for subsection (1) (a) —suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or\n- (b) for subsection (1) (b) —suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.","sortOrder":106},{"sectionNumber":"sec.69","sectionType":"section","heading":"Criteria for cancelling line units","content":"### sec.69 Criteria for cancelling line units\n\nThis section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight).\nAn appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.\n(sec.69-ssec.1) This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight).\n(sec.69-ssec.2) An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.","sortOrder":107},{"sectionNumber":"sec.70","sectionType":"section","heading":"Criteria for suspending T4-ITQ units","content":"### sec.70 Criteria for suspending T4-ITQ units\n\nThis section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year—\nthe person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or\na T4 fishery licence held by the person is suspended.\nAn appropriate suspension may be—\nfor subsection (1) (a) —suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or\nfor subsection (1) (b) —suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.\n(sec.70-ssec.1) This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year— the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or a T4 fishery licence held by the person is suspended.\n(sec.70-ssec.2) An appropriate suspension may be— for subsection (1) (a) —suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or for subsection (1) (b) —suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.\n- (a) the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or\n- (b) a T4 fishery licence held by the person is suspended.\n- (a) for subsection (1) (a) —suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or\n- (b) for subsection (1) (b) —suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.","sortOrder":108},{"sectionNumber":"sec.71","sectionType":"section","heading":"Criteria for cancelling T4-ITQ units","content":"### sec.71 Criteria for cancelling T4-ITQ units\n\nThis section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).\nAn appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.\n(sec.71-ssec.1) This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).\n(sec.71-ssec.2) An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.","sortOrder":109},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Other provisions about authorities","content":"# Other provisions about authorities","sortOrder":110},{"sectionNumber":"ch.2-pt.7-div.1","sectionType":"division","heading":"Miscellaneous offences","content":"## Miscellaneous offences","sortOrder":111},{"sectionNumber":"sec.72","sectionType":"section","heading":"Obstructing persons fishing under an authority","content":"### sec.72 Obstructing persons fishing under an authority\n\nA person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish.\nMaximum penalty—20 penalty units.\n(sec.72-ssec.1) A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.72-ssec.2) A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish. Maximum penalty—20 penalty units.","sortOrder":112},{"sectionNumber":"ch.2-pt.7-div.2","sectionType":"division","heading":"Register of authorities","content":"## Register of authorities","sortOrder":113},{"sectionNumber":"sec.73","sectionType":"section","heading":"Particulars to be contained in register— Act , s 73","content":"### sec.73 Particulars to be contained in register— Act , s 73\n\nFor section 73 (2) of the Act , the following particulars about each authority issued by the chief executive are prescribed—\nthe category, type and number of the authority;\nthe fishery symbols, if any, written on the authority;\nthe holder’s full name;\nthe holder’s postal address;\nother relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80 (1) (b) of the Act ;\nthird party interests in the authority, if any, notified to the chief executive;\nfor all quota authorities of the same type held by the same person—\nthe person’s name; and\nthe number of quota authorities held by the person; and\nif conditions have been imposed on any of the quota authorities—the conditions; and\nif any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;\nfor an M2 licence—\nthe boat mark for the primary boat identified in the licence; and\nthe boat’s hull units, breadth, depth and length; and\nthe boat’s main engine power in maximum continuous brake kW.\ns 73 amd 2020 SL No. 236 s 82 sch 1 , s 124 sch 2\n- (a) the category, type and number of the authority;\n- (b) the fishery symbols, if any, written on the authority;\n- (c) the holder’s full name;\n- (d) the holder’s postal address;\n- (e) other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80 (1) (b) of the Act ;\n- (f) third party interests in the authority, if any, notified to the chief executive;\n- (g) for all quota authorities of the same type held by the same person— (i) the person’s name; and (ii) the number of quota authorities held by the person; and (iii) if conditions have been imposed on any of the quota authorities—the conditions; and (iv) if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;\n- (i) the person’s name; and\n- (ii) the number of quota authorities held by the person; and\n- (iii) if conditions have been imposed on any of the quota authorities—the conditions; and\n- (iv) if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;\n- (h) for an M2 licence— (i) the boat mark for the primary boat identified in the licence; and (ii) the boat’s hull units, breadth, depth and length; and (iii) the boat’s main engine power in maximum continuous brake kW.\n- (i) the boat mark for the primary boat identified in the licence; and\n- (ii) the boat’s hull units, breadth, depth and length; and\n- (iii) the boat’s main engine power in maximum continuous brake kW.\n- (i) the person’s name; and\n- (ii) the number of quota authorities held by the person; and\n- (iii) if conditions have been imposed on any of the quota authorities—the conditions; and\n- (iv) if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;\n- (i) the boat mark for the primary boat identified in the licence; and\n- (ii) the boat’s hull units, breadth, depth and length; and\n- (iii) the boat’s main engine power in maximum continuous brake kW.","sortOrder":114},{"sectionNumber":"sec.74","sectionType":"section","heading":"Holder to notify chief executive of particular changes— Act , s 73","content":"### sec.74 Holder to notify chief executive of particular changes— Act , s 73\n\nFor section 73 (3) of the Act , the following changes in circumstances are prescribed—\na change of the holder’s name;\nif the holder is an individual—a change of the holder’s residential, business or postal address;\nif the holder is a corporation—\na change of the address of the holder’s registered office; or\na change of the address of the holder’s office, if any, in the State; or\na person becoming, or ceasing to be, an executive officer of the holder;\na change in a third party interest in the authority notified to the chief executive;\na change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80 (1) (b) of the Act .\n- (a) a change of the holder’s name;\n- (b) if the holder is an individual—a change of the holder’s residential, business or postal address;\n- (c) if the holder is a corporation— (i) a change of the address of the holder’s registered office; or (ii) a change of the address of the holder’s office, if any, in the State; or (iii) a person becoming, or ceasing to be, an executive officer of the holder;\n- (i) a change of the address of the holder’s registered office; or\n- (ii) a change of the address of the holder’s office, if any, in the State; or\n- (iii) a person becoming, or ceasing to be, an executive officer of the holder;\n- (d) a change in a third party interest in the authority notified to the chief executive;\n- (e) a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80 (1) (b) of the Act .\n- (i) a change of the address of the holder’s registered office; or\n- (ii) a change of the address of the holder’s office, if any, in the State; or\n- (iii) a person becoming, or ceasing to be, an executive officer of the holder;","sortOrder":115},{"sectionNumber":"ch.2-pt.7-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":116},{"sectionNumber":"sec.75","sectionType":"section","heading":"Authorities that continue after holder’s death— Act , s 70C","content":"### sec.75 Authorities that continue after holder’s death— Act , s 70C\n\nFor section 70C (1) of the Act , the following types of authorities are prescribed—\na licence other than a commercial fisher licence;\na quota authority;\na resource allocation authority.\ns 75 amd 2020 SL No. 236 s 72 ; 2021 SL No. 29 s 19\n- (a) a licence other than a commercial fisher licence;\n- (b) a quota authority;\n- (c) a resource allocation authority.","sortOrder":117},{"sectionNumber":"sec.76","sectionType":"section","heading":"Activities for which inspectors may have an authority","content":"### sec.76 Activities for which inspectors may have an authority\n\nAn inspector may hold or have an interest in an authority for—\nconducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or\ntaking or possessing fish for stocking waters; or\nreleasing fish; or\ntaking fish from a prescribed stocked impoundment by using a fishing line; or\nperforming the inspector’s functions.\ns 76 amd 2021 SL No. 29 s 20\n- (a) conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or\n- (b) taking or possessing fish for stocking waters; or\n- (c) releasing fish; or\n- (d) taking fish from a prescribed stocked impoundment by using a fishing line; or\n- (e) performing the inspector’s functions.","sortOrder":118},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Declaration of fish habitat areas","content":"# Declaration of fish habitat areas","sortOrder":119},{"sectionNumber":"sec.77","sectionType":"section","heading":"Fish habitat area plans","content":"### sec.77 Fish habitat area plans\n\nA plan stated in schedule 3 , column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column.\nA copy of each fish habitat area plan is—\navailable for inspection, free of charge, by arrangement with the chief executive; and\npublished on the department’s website.\nAnything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.\nA line in relation to a boundary of a declared fish habitat area on a fish habitat area plan—\nshows what forms the boundary; and\nis only indicative of the current position of the boundary.\n(sec.77-ssec.1) A plan stated in schedule 3 , column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column.\n(sec.77-ssec.2) A copy of each fish habitat area plan is— available for inspection, free of charge, by arrangement with the chief executive; and published on the department’s website.\n(sec.77-ssec.3) Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.\n(sec.77-ssec.4) A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan— shows what forms the boundary; and is only indicative of the current position of the boundary.\n- (a) available for inspection, free of charge, by arrangement with the chief executive; and\n- (b) published on the department’s website.\n- (a) shows what forms the boundary; and\n- (b) is only indicative of the current position of the boundary.","sortOrder":120},{"sectionNumber":"sec.78","sectionType":"section","heading":"Areas declared to be fish habitat areas","content":"### sec.78 Areas declared to be fish habitat areas\n\nEach area mentioned in schedule 3 , column 1 is declared to be a fish habitat area.\nThe fish habitat area—\nincludes—\nthe area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and\nan area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and\nexcludes—\nthe area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and\nan area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and\nthe area of a channel marked by aids to navigation.\nAlso, land that is not unallocated State land or national park land is included in a fish habitat area only if—\nthe land is within an area mentioned in subsection (2) (a) for the fish habitat area; and\nthe fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area.\n(sec.78-ssec.1) Each area mentioned in schedule 3 , column 1 is declared to be a fish habitat area.\n(sec.78-ssec.2) The fish habitat area— includes— the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and excludes— the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and the area of a channel marked by aids to navigation.\n(sec.78-ssec.3) Also, land that is not unallocated State land or national park land is included in a fish habitat area only if— the land is within an area mentioned in subsection (2) (a) for the fish habitat area; and the fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area.\n- (a) includes— (i) the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and\n- (i) the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and\n- (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and\n- (b) excludes— (i) the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and (iii) the area of a channel marked by aids to navigation.\n- (i) the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and\n- (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and\n- (iii) the area of a channel marked by aids to navigation.\n- (i) the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and\n- (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and\n- (i) the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and\n- (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and\n- (iii) the area of a channel marked by aids to navigation.\n- (a) the land is within an area mentioned in subsection (2) (a) for the fish habitat area; and\n- (b) the fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area.","sortOrder":121},{"sectionNumber":"sec.79","sectionType":"section","heading":"Particular cables and air space excluded from declared fish habitat area","content":"### sec.79 Particular cables and air space excluded from declared fish habitat area\n\nA declared fish habitat area excludes a cable that—\nis in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and\nis not in contact with land, water or a part of a plant in the area.\nan overhead electric line or telecommunication cable\nSubsection (3) applies if—\na person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and\nunder the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.\nThe declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal.\nIn this section—\nproposal includes an application.\n(sec.79-ssec.1) A declared fish habitat area excludes a cable that— is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and is not in contact with land, water or a part of a plant in the area. an overhead electric line or telecommunication cable\n(sec.79-ssec.2) Subsection (3) applies if— a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.\n(sec.79-ssec.3) The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal.\n(sec.79-ssec.4) In this section— proposal includes an application.\n- (a) is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and\n- (b) is not in contact with land, water or a part of a plant in the area.\n- (a) a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and\n- (b) under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.","sortOrder":122},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Prohibited activities","content":"# Prohibited activities","sortOrder":123},{"sectionNumber":"sec.80","sectionType":"section","heading":"Person not to take bait using digging implement","content":"### sec.80 Person not to take bait using digging implement\n\nA person must not in a declared fish habitat area take fish for bait by using a digging implement.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply to a person using a hand pump only for taking yabbies.\n(sec.80-ssec.1) A person must not in a declared fish habitat area take fish for bait by using a digging implement. Maximum penalty—20 penalty units.\n(sec.80-ssec.2) Subsection (1) does not apply to a person using a hand pump only for taking yabbies.","sortOrder":124},{"sectionNumber":"sec.81","sectionType":"section","heading":"Person not to remove weeds etc.","content":"### sec.81 Person not to remove weeds etc.\n\nA person must not do any of the following things in a declared fish habitat area—\nremove weeds;\nuse a pesticide;\ncarry out biological control of a pest.\nMaximum penalty—20 penalty units.\nAlso, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area.\nMaximum penalty—20 penalty units.\nHowever, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.\nIn this section—\nbiological control , of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest.\nfish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’.\nThe code is—\navailable for inspection, free of charge, by arrangement with the chief executive; and\npublished on the department’s website.\npest means—\nprohibited matter or restricted matter under the Biosecurity Act 2014 ; or\nbiosecurity matter under the Biosecurity Act 2014 that is—\ncontrolled biosecurity matter under section 124 (1) of that Act; or\nregulated biosecurity matter under section 128 (1) (a) of that Act; or\nanother pest or disease declared under a law of the State, the Commonwealth or another State.\n(sec.81-ssec.1) A person must not do any of the following things in a declared fish habitat area— remove weeds; use a pesticide; carry out biological control of a pest. Maximum penalty—20 penalty units.\n(sec.81-ssec.2) Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area. Maximum penalty—20 penalty units.\n(sec.81-ssec.3) However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.\n(sec.81-ssec.4) In this section— biological control , of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest. fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’. The code is— available for inspection, free of charge, by arrangement with the chief executive; and published on the department’s website. pest means— prohibited matter or restricted matter under the Biosecurity Act 2014 ; or biosecurity matter under the Biosecurity Act 2014 that is— controlled biosecurity matter under section 124 (1) of that Act; or regulated biosecurity matter under section 128 (1) (a) of that Act; or another pest or disease declared under a law of the State, the Commonwealth or another State.\n- (a) remove weeds;\n- (b) use a pesticide;\n- (c) carry out biological control of a pest.\n- (a) available for inspection, free of charge, by arrangement with the chief executive; and\n- (b) published on the department’s website.\n- (a) prohibited matter or restricted matter under the Biosecurity Act 2014 ; or\n- (b) biosecurity matter under the Biosecurity Act 2014 that is— (i) controlled biosecurity matter under section 124 (1) of that Act; or (ii) regulated biosecurity matter under section 128 (1) (a) of that Act; or\n- (i) controlled biosecurity matter under section 124 (1) of that Act; or\n- (ii) regulated biosecurity matter under section 128 (1) (a) of that Act; or\n- (c) another pest or disease declared under a law of the State, the Commonwealth or another State.\n- (i) controlled biosecurity matter under section 124 (1) of that Act; or\n- (ii) regulated biosecurity matter under section 128 (1) (a) of that Act; or","sortOrder":125},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Vessel tracking","content":"# Vessel tracking","sortOrder":126},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":127},{"sectionNumber":"sec.82","sectionType":"section","heading":"Definitions for part","content":"### sec.82 Definitions for part\n\nIn this part—\nlanding place ...\ns 82 def landing place om 2020 SL No. 236 s 188\nmalfunction see section 80 (6) of the Act .\nrelevant authority see section 83 (1) .\nrelevant boat , for a relevant authority, means a boat prescribed for the authority by section 83 (2) .\nrelevant period means the period prescribed by section 85 .\nvessel tracking standard means the document called ‘Vessel tracking installation and maintenance standard’ published on the department’s website.\nThe vessel tracking standard is also available for inspection, free of charge, by arrangement with the chief executive.\nworking properly see section 80 (6) of the Act .","sortOrder":128},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":129},{"sectionNumber":"sec.83","sectionType":"section","heading":"Authorities and boats in relation to which requirements apply","content":"### sec.83 Authorities and boats in relation to which requirements apply\n\nSection 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority ) that has any of the following symbols written on it—\n‘A1’ or ‘A2’\n‘B1’\n‘C1’, ‘C2’ or ‘C3’\n‘D’\n‘J1’\n‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’\n‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’\n‘M1’ or ‘M2’\n‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’\n‘R’\n‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.\nFor section 80 of the Act , each of the following boats is prescribed for a relevant authority (and under section 80 (1) (b) of the Act is a relevant boat for the authority)—\nthe primary boat for the relevant authority; and\neach tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.\ns 83 amd 2019 SL No. 180 s 4 ; 2020 SL No. 236 s 121 ; 2023 SL No. 194 s 37\n(sec.83-ssec.1) Section 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority ) that has any of the following symbols written on it— ‘A1’ or ‘A2’ ‘B1’ ‘C1’, ‘C2’ or ‘C3’ ‘D’ ‘J1’ ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ ‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’ ‘M1’ or ‘M2’ ‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’ ‘R’ ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.\n(sec.83-ssec.2) For section 80 of the Act , each of the following boats is prescribed for a relevant authority (and under section 80 (1) (b) of the Act is a relevant boat for the authority)— the primary boat for the relevant authority; and each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.\n- • ‘A1’ or ‘A2’\n- • ‘B1’\n- • ‘C1’, ‘C2’ or ‘C3’\n- • ‘D’\n- • ‘J1’\n- • ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’\n- • ‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’\n- • ‘M1’ or ‘M2’\n- • ‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’\n- • ‘R’\n- • ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.\n- (a) the primary boat for the relevant authority; and\n- (b) each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.","sortOrder":130},{"sectionNumber":"sec.84","sectionType":"section","heading":"Way equipment must be installed","content":"### sec.84 Way equipment must be installed\n\nFor section 80 (2) (a) of the Act , the way for installing approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.","sortOrder":131},{"sectionNumber":"sec.85","sectionType":"section","heading":"Periods during which equipment must be working properly","content":"### sec.85 Periods during which equipment must be working properly\n\nFor section 80 (2) (b) of the Act , each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2) or (3) , is prescribed.\nIf the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority—\nstarts when the fishing operation in which the boat is used starts; and\nends when the fishing operation in which the boat is used ends.\nIf the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority.\ns 85 amd 2019 SL No. 180 s 5 ; 2020 SL No. 236 s 189\n(sec.85-ssec.1) For section 80 (2) (b) of the Act , each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2) or (3) , is prescribed.\n(sec.85-ssec.2) If the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority— starts when the fishing operation in which the boat is used starts; and ends when the fishing operation in which the boat is used ends.\n(sec.85-ssec.3) If the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority.\n- (a) starts when the fishing operation in which the boat is used starts; and\n- (b) ends when the fishing operation in which the boat is used ends.","sortOrder":132},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Requirements if equipment malfunctions","content":"## Requirements if equipment malfunctions","sortOrder":133},{"sectionNumber":"sec.86","sectionType":"section","heading":"Purpose and application of division","content":"### sec.86 Purpose and application of division\n\nThis division prescribes, for section 80 (4) of the Act , requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period.\nThe requirements are—\nif the relevant boat is a boat other than a tender boat—\nthe holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and\nsubdivision 3 is complied with; and\nif the relevant boat is a tender boat— subdivision 4 is complied with.\ns 86 amd 2019 SL No. 180 s 6\n(sec.86-ssec.1) This division prescribes, for section 80 (4) of the Act , requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period.\n(sec.86-ssec.2) The requirements are— if the relevant boat is a boat other than a tender boat— the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and subdivision 3 is complied with; and if the relevant boat is a tender boat— subdivision 4 is complied with.\n- (a) if the relevant boat is a boat other than a tender boat— (i) the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and (ii) subdivision 3 is complied with; and\n- (i) the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and\n- (ii) subdivision 3 is complied with; and\n- (b) if the relevant boat is a tender boat— subdivision 4 is complied with.\n- (i) the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and\n- (ii) subdivision 3 is complied with; and","sortOrder":134},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definition for division","content":"### sec.87 Definition for division\n\nIn this division—\napproved way , for giving a notice to the chief executive, means the way—\napproved by the chief executive; and\npublished on the department’s website.\n- (a) approved by the chief executive; and\n- (b) published on the department’s website.","sortOrder":135},{"sectionNumber":"sec.88","sectionType":"section","heading":"When person in control of a boat is aware of malfunction","content":"### sec.88 When person in control of a boat is aware of malfunction\n\nFor this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if—\nthe person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or\nthe person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.\nSubsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.\n(sec.88-ssec.1) For this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if— the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.\n(sec.88-ssec.2) Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.\n- (a) the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or\n- (b) the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.","sortOrder":136},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notices given by chief executive or inspector under division","content":"### sec.89 Notices given by chief executive or inspector under division\n\nThe chief executive or an inspector may give a notice in relation to a relevant boat under this division—\norally in person; or\nby an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2 .\n- (a) orally in person; or\n- (b) by an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2 .","sortOrder":137},{"sectionNumber":"sec.89A","sectionType":"section","heading":"Application of subdivision","content":"### sec.89A Application of subdivision\n\nThis subdivision applies if the relevant boat is a boat other than a tender boat.\ns 89A ins 2019 SL No. 180 s 7","sortOrder":138},{"sectionNumber":"sec.90","sectionType":"section","heading":"Notice of alternative way","content":"### sec.90 Notice of alternative way\n\nThe holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice ) to the chief executive.\nThe boat communication notice must—\nbe given to the chief executive in the approved way; and\nstate an alternative way (an alternative way of communication ) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.\nThe alternative way of communication—\nmust not involve the use of vessel tracking equipment; and\nmust allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector.\na facsimile, mobile phone, radiophone or satellite phone\nMore than 1 alternative way of communication may be stated in a boat communication notice.\n(sec.90-ssec.1) The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice ) to the chief executive.\n(sec.90-ssec.2) The boat communication notice must— be given to the chief executive in the approved way; and state an alternative way (an alternative way of communication ) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.\n(sec.90-ssec.3) The alternative way of communication— must not involve the use of vessel tracking equipment; and must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector. a facsimile, mobile phone, radiophone or satellite phone\n(sec.90-ssec.4) More than 1 alternative way of communication may be stated in a boat communication notice.\n- (a) be given to the chief executive in the approved way; and\n- (b) state an alternative way (an alternative way of communication ) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.\n- (a) must not involve the use of vessel tracking equipment; and\n- (b) must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector.","sortOrder":139},{"sectionNumber":"sec.91","sectionType":"section","heading":"Changing alternative way","content":"### sec.91 Changing alternative way\n\nThe holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way ) of communication.\nA notice given to the chief executive under subsection (1) must be given in the approved way.\nHowever, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.\n(sec.91-ssec.1) The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way ) of communication.\n(sec.91-ssec.2) A notice given to the chief executive under subsection (1) must be given in the approved way.\n(sec.91-ssec.3) However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.","sortOrder":140},{"sectionNumber":"sec.92","sectionType":"section","heading":"Application of subdivision","content":"### sec.92 Application of subdivision\n\nThis subdivision applies if the person in control of a relevant boat, other than a tender boat, being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.\ns 92 amd 2019 SL No. 180 s 9","sortOrder":141},{"sectionNumber":"sec.93","sectionType":"section","heading":"Manual reporting requirement","content":"### sec.93 Manual reporting requirement\n\nThe person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive—\nin the approved way; and\nat the following intervals—\nif the boat is being used in the east coast trawl fishery—every hour;\notherwise—every 4 hours.\nThe requirement under subsection (1) continues to apply until the earliest of the following happens—\nthe relevant boat is taken to a landing place under section 94 or 95 ;\nthe relevant period ends;\nthe approved vessel tracking equipment stops malfunctioning.\n(sec.93-ssec.1) The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive— in the approved way; and at the following intervals— if the boat is being used in the east coast trawl fishery—every hour; otherwise—every 4 hours.\n(sec.93-ssec.2) The requirement under subsection (1) continues to apply until the earliest of the following happens— the relevant boat is taken to a landing place under section 94 or 95 ; the relevant period ends; the approved vessel tracking equipment stops malfunctioning.\n- (a) in the approved way; and\n- (b) at the following intervals— (i) if the boat is being used in the east coast trawl fishery—every hour; (ii) otherwise—every 4 hours.\n- (i) if the boat is being used in the east coast trawl fishery—every hour;\n- (ii) otherwise—every 4 hours.\n- (i) if the boat is being used in the east coast trawl fishery—every hour;\n- (ii) otherwise—every 4 hours.\n- (a) the relevant boat is taken to a landing place under section 94 or 95 ;\n- (b) the relevant period ends;\n- (c) the approved vessel tracking equipment stops malfunctioning.","sortOrder":142},{"sectionNumber":"sec.94","sectionType":"section","heading":"Requirement to take relevant boat to landing place—boat used under particular authority in particular area","content":"### sec.94 Requirement to take relevant boat to landing place—boat used under particular authority in particular area\n\nThis section applies in relation to the relevant boat if—\nthe relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and\nthe malfunction of the approved vessel tracking equipment happens inside the area within the following boundary—\nfrom latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east\nto latitude 24º13.80' south, longitude 153º33.00' east\nto latitude 24º42.00' south, longitude 153º16.20' east\nto latitude 25º06.00' south, longitude 153º12.00' east\nto latitude 25º18.00' south, longitude 152º43.20' east\nto latitude 22º10.80' south, longitude 149º48.00' east.\nThe person in control of the relevant boat must—\nstop the use of fishing apparatus from the boat; and\ncause the boat to travel to a landing place as soon as practicable.\nSubsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.\nThe chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—\nthe approved vessel tracking equipment is working properly; and\nit is unnecessary for the relevant boat to be taken to a landing place.\n(sec.94-ssec.1) This section applies in relation to the relevant boat if— the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary— from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east to latitude 24º13.80' south, longitude 153º33.00' east to latitude 24º42.00' south, longitude 153º16.20' east to latitude 25º06.00' south, longitude 153º12.00' east to latitude 25º18.00' south, longitude 152º43.20' east to latitude 22º10.80' south, longitude 149º48.00' east.\n(sec.94-ssec.2) The person in control of the relevant boat must— stop the use of fishing apparatus from the boat; and cause the boat to travel to a landing place as soon as practicable.\n(sec.94-ssec.3) Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.\n(sec.94-ssec.4) The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied— the approved vessel tracking equipment is working properly; and it is unnecessary for the relevant boat to be taken to a landing place.\n- (a) the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and\n- (b) the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary— • from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east • to latitude 24º13.80' south, longitude 153º33.00' east • to latitude 24º42.00' south, longitude 153º16.20' east • to latitude 25º06.00' south, longitude 153º12.00' east • to latitude 25º18.00' south, longitude 152º43.20' east • to latitude 22º10.80' south, longitude 149º48.00' east.\n- • from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east\n- • to latitude 24º13.80' south, longitude 153º33.00' east\n- • to latitude 24º42.00' south, longitude 153º16.20' east\n- • to latitude 25º06.00' south, longitude 153º12.00' east\n- • to latitude 25º18.00' south, longitude 152º43.20' east\n- • to latitude 22º10.80' south, longitude 149º48.00' east.\n- • from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east\n- • to latitude 24º13.80' south, longitude 153º33.00' east\n- • to latitude 24º42.00' south, longitude 153º16.20' east\n- • to latitude 25º06.00' south, longitude 153º12.00' east\n- • to latitude 25º18.00' south, longitude 152º43.20' east\n- • to latitude 22º10.80' south, longitude 149º48.00' east.\n- (a) stop the use of fishing apparatus from the boat; and\n- (b) cause the boat to travel to a landing place as soon as practicable.\n- (a) the approved vessel tracking equipment is working properly; and\n- (b) it is unnecessary for the relevant boat to be taken to a landing place.","sortOrder":143},{"sectionNumber":"sec.95","sectionType":"section","heading":"Requirement to take relevant boat to landing place—other circumstances","content":"### sec.95 Requirement to take relevant boat to landing place—other circumstances\n\nThis section applies in relation to the relevant boat if section 94 does not apply in relation to the boat.\nThe person in control of the relevant boat must cause the boat to travel to a landing place within the following period—\n5 days;\nif the chief executive has given the person a notice allowing a longer period—the longer period.\nSubsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.\nThe chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—\nthe approved vessel tracking equipment is working properly; and\nit is unnecessary for the relevant boat to be taken to a landing place.\n(sec.95-ssec.1) This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat.\n(sec.95-ssec.2) The person in control of the relevant boat must cause the boat to travel to a landing place within the following period— 5 days; if the chief executive has given the person a notice allowing a longer period—the longer period.\n(sec.95-ssec.3) Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.\n(sec.95-ssec.4) The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied— the approved vessel tracking equipment is working properly; and it is unnecessary for the relevant boat to be taken to a landing place.\n- (a) 5 days;\n- (b) if the chief executive has given the person a notice allowing a longer period—the longer period.\n- (a) the approved vessel tracking equipment is working properly; and\n- (b) it is unnecessary for the relevant boat to be taken to a landing place.","sortOrder":144},{"sectionNumber":"sec.96","sectionType":"section","heading":"Further requirement if relevant boat taken to landing place","content":"### sec.96 Further requirement if relevant boat taken to landing place\n\nThis section applies if the relevant boat is taken to a landing place under section 94 or 95 .\nThe person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.\ns 96 amd 2019 SL No. 180 s 10\n(sec.96-ssec.1) This section applies if the relevant boat is taken to a landing place under section 94 or 95 .\n(sec.96-ssec.2) The person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.","sortOrder":145},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Application of subdivision","content":"### sec.96A Application of subdivision\n\nThis subdivision applies if the person in control of a relevant boat that is a tender boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.\ns 96A ins 2019 SL No. 180 s 11","sortOrder":146},{"sectionNumber":"sec.96B","sectionType":"section","heading":"Requirement to stop fishing","content":"### sec.96B Requirement to stop fishing\n\nThe person in control of the relevant boat must—\nstop the use of fishing apparatus from the boat; and\nattach the boat to its primary boat; and\nensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period.\nSubsection (1) (c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.\ns 96B ins 2019 SL No. 180 s 11\n(sec.96B-ssec.1) The person in control of the relevant boat must— stop the use of fishing apparatus from the boat; and attach the boat to its primary boat; and ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period.\n(sec.96B-ssec.2) Subsection (1) (c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.\n- (a) stop the use of fishing apparatus from the boat; and\n- (b) attach the boat to its primary boat; and\n- (c) ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period.","sortOrder":147},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":148},{"sectionNumber":"sec.97","sectionType":"section","heading":"Commercial quantity of priority fish","content":"### sec.97 Commercial quantity of priority fish\n\nFor section 89 of the Act , definition commercial quantity , the quantity prescribed for each priority fish is—\nthe number or volume stated opposite the fish in schedule 4 , part 1 ; or\nif a number is stated opposite the fish in schedule 4 , part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4 , part 1 .\n- (a) the number or volume stated opposite the fish in schedule 4 , part 1 ; or\n- (b) if a number is stated opposite the fish in schedule 4 , part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4 , part 1 .","sortOrder":149},{"sectionNumber":"sec.98","sectionType":"section","heading":"Circumstances in which non-indigenous fisheries resources may be released— Act , s 90","content":"### sec.98 Circumstances in which non-indigenous fisheries resources may be released— Act , s 90\n\nFor section 90 (2) of the Act , the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4 , part 2 , column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.","sortOrder":150},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":151},{"sectionNumber":"sec.99","sectionType":"section","heading":"Purpose of chapter","content":"### sec.99 Purpose of chapter\n\nThis chapter prescribes information requirements for section 118 of the Act .","sortOrder":152},{"sectionNumber":"sec.100","sectionType":"section","heading":"Definitions for chapter","content":"### sec.100 Definitions for chapter\n\nIn this chapter—\nrelevant authority means—\na charter fishing licence; or\nan authority, other than a primary commercial fishing licence or commercial fisher licence, that authorises the holder of the authority to—\ntake or possess fish for trade or commerce; or\nuse a boat to take or possess fish for trade or commerce.\nSee the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.\ns 100 def relevant authority amd 2020 SL No. 236 s 124 sch 2\nsub 2020 SL No. 236 s 190\nrelevant period —\nfor part 2 —see section 101 (b) ; or\nfor part 3 —see section 105 (b) .\nrelevant person , for part 3 , see section 105 (c) .\n- (a) a charter fishing licence; or\n- (b) an authority, other than a primary commercial fishing licence or commercial fisher licence, that authorises the holder of the authority to— (i) take or possess fish for trade or commerce; or (ii) use a boat to take or possess fish for trade or commerce. Note— See the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.\n- (i) take or possess fish for trade or commerce; or\n- (ii) use a boat to take or possess fish for trade or commerce. Note— See the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.\n- (i) take or possess fish for trade or commerce; or\n- (ii) use a boat to take or possess fish for trade or commerce. Note— See the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.\n- (a) for part 2 —see section 101 (b) ; or\n- (b) for part 3 —see section 105 (b) .","sortOrder":153},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Person other than authority holder in control of a boat","content":"# Person other than authority holder in control of a boat","sortOrder":154},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application of part","content":"### sec.101 Application of part\n\nThis part applies if—\nthe chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of a boat under the authority; and\nthe holder is not the person in control of the boat on a day or a number of days (the relevant period ) for which the boat is being used under the authority; and\nanother person is in control of the boat during the relevant period.\n- (a) the chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of a boat under the authority; and\n- (b) the holder is not the person in control of the boat on a day or a number of days (the relevant period ) for which the boat is being used under the authority; and\n- (c) another person is in control of the boat during the relevant period.","sortOrder":155},{"sectionNumber":"sec.102","sectionType":"section","heading":"Authority holder to provide approved form","content":"### sec.102 Authority holder to provide approved form\n\nThe holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the boat during the relevant period by—\ngiving the form personally to the person; or\nensuring the form is left on the boat and telling the person where the form has been left.\n- (a) giving the form personally to the person; or\n- (b) ensuring the form is left on the boat and telling the person where the form has been left.","sortOrder":156},{"sectionNumber":"sec.103","sectionType":"section","heading":"Person in control to keep approved form","content":"### sec.103 Person in control to keep approved form\n\nThe person in control of the boat during the relevant period must—\nkeep the approved form for the relevant period; and\nensure the approved form is available for immediate inspection during the relevant period.\nSubsection (1) (b) does not apply if—\nthe boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and\nthe relevant period is 24 hours or less.\n(sec.103-ssec.1) The person in control of the boat during the relevant period must— keep the approved form for the relevant period; and ensure the approved form is available for immediate inspection during the relevant period.\n(sec.103-ssec.2) Subsection (1) (b) does not apply if— the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and the relevant period is 24 hours or less.\n- (a) keep the approved form for the relevant period; and\n- (b) ensure the approved form is available for immediate inspection during the relevant period.\n- (a) the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and\n- (b) the relevant period is 24 hours or less.","sortOrder":157},{"sectionNumber":"sec.104","sectionType":"section","heading":"Person in control to return approved form","content":"### sec.104 Person in control to return approved form\n\nThe person in control of the boat during the relevant period must, at the end of the relevant period, give the approved form to the holder of the relevant authority by—\ngiving the form personally to the holder; or\nensuring the form is left on the boat and telling the holder where the form has been left.\n- (a) giving the form personally to the holder; or\n- (b) ensuring the form is left on the boat and telling the holder where the form has been left.","sortOrder":158},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Person other than authority holder fishing under authority","content":"# Person other than authority holder fishing under authority","sortOrder":159},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of part","content":"### sec.105 Application of part\n\nThis part applies if—\nthe chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and\nthe holder is not fishing under the authority on a day or a number of days (the relevant period ); and\nanother person (the relevant person ) is fishing under the authority during the relevant period.\n- (a) the chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and\n- (b) the holder is not fishing under the authority on a day or a number of days (the relevant period ); and\n- (c) another person (the relevant person ) is fishing under the authority during the relevant period.","sortOrder":160},{"sectionNumber":"sec.106","sectionType":"section","heading":"Holder to provide approved form","content":"### sec.106 Holder to provide approved form\n\nThe holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.","sortOrder":161},{"sectionNumber":"sec.107","sectionType":"section","heading":"Relevant person to keep approved form","content":"### sec.107 Relevant person to keep approved form\n\nThe relevant person must—\nkeep the approved form for the relevant period; and\nensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.\n- (a) keep the approved form for the relevant period; and\n- (b) ensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.","sortOrder":162},{"sectionNumber":"sec.108","sectionType":"section","heading":"Relevant person to return approved form","content":"### sec.108 Relevant person to return approved form\n\nThe relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends.","sortOrder":163},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Wholesale sale of fisheries resources","content":"# Wholesale sale of fisheries resources","sortOrder":164},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":165},{"sectionNumber":"sec.109","sectionType":"section","heading":"Application of part","content":"### sec.109 Application of part\n\nThis part applies if—\nfisheries resources are sold by a person (the seller ) to another person (the buyer ); and\nthe buyer—\nis a person engaged in the business of selling fisheries resources by wholesale or retail; and\nintends to resell any of the fisheries resources for trade or commerce.\ns 109 sub 2020 SL No. 236 s 191\n- (a) fisheries resources are sold by a person (the seller ) to another person (the buyer ); and\n- (b) the buyer— (i) is a person engaged in the business of selling fisheries resources by wholesale or retail; and (ii) intends to resell any of the fisheries resources for trade or commerce.\n- (i) is a person engaged in the business of selling fisheries resources by wholesale or retail; and\n- (ii) intends to resell any of the fisheries resources for trade or commerce.\n- (i) is a person engaged in the business of selling fisheries resources by wholesale or retail; and\n- (ii) intends to resell any of the fisheries resources for trade or commerce.","sortOrder":166},{"sectionNumber":"sec.110","sectionType":"section","heading":"Definitions for part","content":"### sec.110 Definitions for part\n\nIn this part—\nbuyer see section 109 (a) .\nquantity particulars , for a species of fish, means—\nfor sea cucumber—\nthe number of containers containing the sea cucumber; and\nthe weight of the sea cucumber; or\nfor mud crab—\nthe number of the mud crab; and\nthe weight of the mud crab; or\nfor red champagne lobster or tropical rocklobster—\nthe number of whole lobster; and\nthe number of lobster tails; and\nthe weight of the lobster; or\nfor fin fish that are dead—the weight of the fish in any of the following forms—\nwhole;\ngilled and gutted;\nfilleted;\ntrunked;\nanother form; or\nfor fin fish that are alive—\nthe number of the fish; and\nthe weight of the fish; or\nfor fish of another species—the weight of the fish.\nsale docket see section 111 (1) .\nsale particulars , for the sale of fisheries resources, means the following particulars—\nthe name of the buyer;\nthe buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer;\nthe name of the seller;\nif the sale is the first time the fisheries resources are sold and a commercial fisher took the fish—\nthe licence number of the commercial fisher licence held by the commercial fisher; and\nthe licence number of the primary commercial fishing licence under which the fish were taken;\nif the sale is the first time the fisheries resources are sold and the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval;\nif neither paragraph (d) nor (e) applies in relation to the sale—the address of the seller;\nif the seller is an entity that is incorporated under the Associations Incorporation Act 1981 and engages in stocking fish—the number of the entity’s certificate of incorporation;\nthe date of the sale;\nif the date of the sale is different to the date the fish leave the seller’s physical possession—the date the fish leave the seller’s physical possession;\nthe quantity particulars for each individual species of fish sold;\nthe form in which the fisheries resources are sold.\nlive, whole, or in fillets\nseafood food safety scheme means the seafood scheme under the Food Production (Safety) Regulation 2014 , chapter 7 .\nseller see section 109 (a) .\ns 110 sub 2020 SL No. 236 s 191\n- (a) for sea cucumber— (i) the number of containers containing the sea cucumber; and (ii) the weight of the sea cucumber; or\n- (i) the number of containers containing the sea cucumber; and\n- (ii) the weight of the sea cucumber; or\n- (b) for mud crab— (i) the number of the mud crab; and (ii) the weight of the mud crab; or\n- (i) the number of the mud crab; and\n- (ii) the weight of the mud crab; or\n- (c) for red champagne lobster or tropical rocklobster— (i) the number of whole lobster; and (ii) the number of lobster tails; and (iii) the weight of the lobster; or\n- (i) the number of whole lobster; and\n- (ii) the number of lobster tails; and\n- (iii) the weight of the lobster; or\n- (d) for fin fish that are dead—the weight of the fish in any of the following forms— (i) whole; (ii) gilled and gutted; (iii) filleted; (iv) trunked; (v) another form; or\n- (i) whole;\n- (ii) gilled and gutted;\n- (iii) filleted;\n- (iv) trunked;\n- (v) another form; or\n- (e) for fin fish that are alive— (i) the number of the fish; and (ii) the weight of the fish; or\n- (i) the number of the fish; and\n- (ii) the weight of the fish; or\n- (f) for fish of another species—the weight of the fish.\n- (i) the number of containers containing the sea cucumber; and\n- (ii) the weight of the sea cucumber; or\n- (i) the number of the mud crab; and\n- (ii) the weight of the mud crab; or\n- (i) the number of whole lobster; and\n- (ii) the number of lobster tails; and\n- (iii) the weight of the lobster; or\n- (i) whole;\n- (ii) gilled and gutted;\n- (iii) filleted;\n- (iv) trunked;\n- (v) another form; or\n- (i) the number of the fish; and\n- (ii) the weight of the fish; or\n- (a) the name of the buyer;\n- (b) the buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer;\n- (c) the name of the seller;\n- (d) if the sale is the first time the fisheries resources are sold and a commercial fisher took the fish— (i) the licence number of the commercial fisher licence held by the commercial fisher; and (ii) the licence number of the primary commercial fishing licence under which the fish were taken;\n- (i) the licence number of the commercial fisher licence held by the commercial fisher; and\n- (ii) the licence number of the primary commercial fishing licence under which the fish were taken;\n- (e) if the sale is the first time the fisheries resources are sold and the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval;\n- (f) if neither paragraph (d) nor (e) applies in relation to the sale—the address of the seller;\n- (g) if the seller is an entity that is incorporated under the Associations Incorporation Act 1981 and engages in stocking fish—the number of the entity’s certificate of incorporation;\n- (h) the date of the sale;\n- (i) if the date of the sale is different to the date the fish leave the seller’s physical possession—the date the fish leave the seller’s physical possession;\n- (j) the quantity particulars for each individual species of fish sold;\n- (k) the form in which the fisheries resources are sold. Examples of forms of fish for paragraph (k) — live, whole, or in fillets\n- (i) the licence number of the commercial fisher licence held by the commercial fisher; and\n- (ii) the licence number of the primary commercial fishing licence under which the fish were taken;","sortOrder":167},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Requirements","content":"## Requirements","sortOrder":168},{"sectionNumber":"sec.111","sectionType":"section","heading":"Docket for sale to be given","content":"### sec.111 Docket for sale to be given\n\nThe seller must give the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket ) signed by the seller that contains the sale particulars for the sale of the fisheries resources.\nThe seller and buyer comply with subsection (1) if—\nthe buyer prepares a sale docket; and\nthe seller—\nchecks the sale docket; and\nif the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.\nAlso, the seller and buyer comply with subsection (1) if—\nthe seller is the commercial fisher who took the fish; and\nthe seller gives the buyer a copy of the catch disposal record made by the seller under the Fisheries (Commercial Fisheries) Regulation 2019 , section 163 (1) for the fish.\nIf subsection (3) applies, the copy of the catch disposal record is taken to be a sale docket for the sale.\ns 111 sub 2020 SL No. 236 s 191\n(sec.111-ssec.1) The seller must give the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket ) signed by the seller that contains the sale particulars for the sale of the fisheries resources.\n(sec.111-ssec.2) The seller and buyer comply with subsection (1) if— the buyer prepares a sale docket; and the seller— checks the sale docket; and if the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.\n(sec.111-ssec.3) Also, the seller and buyer comply with subsection (1) if— the seller is the commercial fisher who took the fish; and the seller gives the buyer a copy of the catch disposal record made by the seller under the Fisheries (Commercial Fisheries) Regulation 2019 , section 163 (1) for the fish.\n(sec.111-ssec.4) If subsection (3) applies, the copy of the catch disposal record is taken to be a sale docket for the sale.\n- (a) the buyer prepares a sale docket; and\n- (b) the seller— (i) checks the sale docket; and (ii) if the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.\n- (i) checks the sale docket; and\n- (ii) if the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.\n- (i) checks the sale docket; and\n- (ii) if the seller is satisfied the sale docket is accurate and contains all of the sale particulars—signs the sale docket.\n- (a) the seller is the commercial fisher who took the fish; and\n- (b) the seller gives the buyer a copy of the catch disposal record made by the seller under the Fisheries (Commercial Fisheries) Regulation 2019 , section 163 (1) for the fish.","sortOrder":169},{"sectionNumber":"sec.112","sectionType":"section","heading":"Seller to keep docket","content":"### sec.112 Seller to keep docket\n\nThe seller must keep a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the seller stops possessing the resources.\ns 112 sub 2020 SL No. 236 s 191","sortOrder":170},{"sectionNumber":"sec.113","sectionType":"section","heading":"Seller to give copy of record or docket with consignment","content":"### sec.113 Seller to give copy of record or docket with consignment\n\nIf the seller consigns fisheries resources to the buyer, the seller must ensure the consignment is accompanied by a copy of the sale docket for the sale of the resources.\ns 113 sub 2020 SL No. 236 s 191","sortOrder":171},{"sectionNumber":"sec.114","sectionType":"section","heading":"Buyer to keep docket","content":"### sec.114 Buyer to keep docket\n\nThe buyer must keep the sale docket for the sale of the fisheries resources available for immediate inspection while the buyer possesses the fisheries resources, or part of the fisheries resources, to which the docket relates.\nThe buyer must keep the sale docket or a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the buyer stops possessing the resources.\ns 114 sub 2020 SL No. 236 s 191\n(sec.114-ssec.1) The buyer must keep the sale docket for the sale of the fisheries resources available for immediate inspection while the buyer possesses the fisheries resources, or part of the fisheries resources, to which the docket relates.\n(sec.114-ssec.2) The buyer must keep the sale docket or a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the buyer stops possessing the resources.","sortOrder":172},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Processing abalone","content":"# Processing abalone","sortOrder":173},{"sectionNumber":"sec.115","sectionType":"section","heading":"Application of part","content":"### sec.115 Application of part\n\nThis part applies to a person carrying on the business of processing abalone.","sortOrder":174},{"sectionNumber":"sec.116","sectionType":"section","heading":"Definition for part","content":"### sec.116 Definition for part\n\nIn this part—\nprocessing , abalone, includes doing any of the following to the abalone—\nshelling;\nfilleting;\ncooking;\npreserving;\npacking.\n- (a) shelling;\n- (b) filleting;\n- (c) cooking;\n- (d) preserving;\n- (e) packing.","sortOrder":175},{"sectionNumber":"sec.117","sectionType":"section","heading":"Processor to keep record of processing","content":"### sec.117 Processor to keep record of processing\n\nThe person must keep a record in the approved form containing the following particulars for the abalone the person processes—\nthe person’s full name and usual address;\nif the person is not the owner of the abalone—the full name and usual address of the owner;\neach species of abalone processed;\nthe date of processing;\nthe weight of each species of abalone before processing;\nthe weight of each species of abalone after processing;\nthe way the abalone are processed.\nThe person must keep the record for 5 years after the day the abalone are processed.\n(sec.117-ssec.1) The person must keep a record in the approved form containing the following particulars for the abalone the person processes— the person’s full name and usual address; if the person is not the owner of the abalone—the full name and usual address of the owner; each species of abalone processed; the date of processing; the weight of each species of abalone before processing; the weight of each species of abalone after processing; the way the abalone are processed.\n(sec.117-ssec.2) The person must keep the record for 5 years after the day the abalone are processed.\n- (a) the person’s full name and usual address;\n- (b) if the person is not the owner of the abalone—the full name and usual address of the owner;\n- (c) each species of abalone processed;\n- (d) the date of processing;\n- (e) the weight of each species of abalone before processing;\n- (f) the weight of each species of abalone after processing;\n- (g) the way the abalone are processed.","sortOrder":176},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Particular acts involving spanish mackerel or regulated coral reef fin fish","content":"# Particular acts involving spanish mackerel or regulated coral reef fin fish","sortOrder":177},{"sectionNumber":"sec.118","sectionType":"section","heading":"Application of part","content":"### sec.118 Application of part\n\nThis part applies in relation to the following fish ( relevant fish )—\nspanish mackerel;\nregulated coral reef fin fish.\n- (a) spanish mackerel;\n- (b) regulated coral reef fin fish.","sortOrder":178},{"sectionNumber":"sec.119","sectionType":"section","heading":"Buyer to keep record of fish bought outside the State","content":"### sec.119 Buyer to keep record of fish bought outside the State\n\nThis section applies if a person buys relevant fish outside the State and brings the fish into the State for trade or commerce.\nThe person must keep, in the approved form, a record of the particulars for the fish required for a sale docket under section 111 .\nThe person must keep the record from the day the person brings the fish into the State until 5 years after the day the person stops possessing the fish.\n(sec.119-ssec.1) This section applies if a person buys relevant fish outside the State and brings the fish into the State for trade or commerce.\n(sec.119-ssec.2) The person must keep, in the approved form, a record of the particulars for the fish required for a sale docket under section 111 .\n(sec.119-ssec.3) The person must keep the record from the day the person brings the fish into the State until 5 years after the day the person stops possessing the fish.","sortOrder":179},{"sectionNumber":"sec.120","sectionType":"section","heading":"Person who takes fish outside particular fishery areas to keep record of taking","content":"### sec.120 Person who takes fish outside particular fishery areas to keep record of taking\n\nThis section applies if a person—\ntakes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries—\nthe line fishery (other than Great Barrier Reef region);\nthe line fishery (reef);\nthe line fishery (multiple hook—east coast);\nthe spanish mackerel commercial fishery; and\nunloads the fish in the State.\nThe person must keep, in the approved form, a record of the following information—\nthe date the person took the fish;\nthe number of the fish taken by the person.\nThe person must keep the record from immediately before the person unloads the fish in the State until 5 years after the day the person stops possessing the fish.\nFor subsection (1) , a person conducting a charter fishing trip does not take relevant fish for trade or commerce only because the person takes the fish during the charter fishing trip.\n(sec.120-ssec.1) This section applies if a person— takes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries— the line fishery (other than Great Barrier Reef region); the line fishery (reef); the line fishery (multiple hook—east coast); the spanish mackerel commercial fishery; and unloads the fish in the State.\n(sec.120-ssec.2) The person must keep, in the approved form, a record of the following information— the date the person took the fish; the number of the fish taken by the person.\n(sec.120-ssec.3) The person must keep the record from immediately before the person unloads the fish in the State until 5 years after the day the person stops possessing the fish.\n(sec.120-ssec.4) For subsection (1) , a person conducting a charter fishing trip does not take relevant fish for trade or commerce only because the person takes the fish during the charter fishing trip.\n- (a) takes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries— (i) the line fishery (other than Great Barrier Reef region); (ii) the line fishery (reef); (iii) the line fishery (multiple hook—east coast); (iv) the spanish mackerel commercial fishery; and\n- (i) the line fishery (other than Great Barrier Reef region);\n- (ii) the line fishery (reef);\n- (iii) the line fishery (multiple hook—east coast);\n- (iv) the spanish mackerel commercial fishery; and\n- (b) unloads the fish in the State.\n- (i) the line fishery (other than Great Barrier Reef region);\n- (ii) the line fishery (reef);\n- (iii) the line fishery (multiple hook—east coast);\n- (iv) the spanish mackerel commercial fishery; and\n- (a) the date the person took the fish;\n- (b) the number of the fish taken by the person.","sortOrder":180},{"sectionNumber":"sec.121","sectionType":"section","heading":"Person transporting fish to keep record of consignment","content":"### sec.121 Person transporting fish to keep record of consignment\n\nThis section applies if a person in control of a boat or vehicle (a commercial carrier ) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor ) for trade or commerce.\nHowever, this section does not apply if a sale docket accompanies the consignment of the relevant fish under section 113 .\nThe commercial carrier must keep a record of the following information in the approved form—\nthe name of the consignor;\nthe address of the place where the commercial carrier collected the fish;\nthe address of the place where the commercial carrier is to deliver the fish.\nThe commercial carrier must ensure that, while the fish are on board the boat or in the vehicle, the record is—\nkept on board the boat or in the vehicle; and\navailable for immediate inspection.\n(sec.121-ssec.1) This section applies if a person in control of a boat or vehicle (a commercial carrier ) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor ) for trade or commerce.\n(sec.121-ssec.2) However, this section does not apply if a sale docket accompanies the consignment of the relevant fish under section 113 .\n(sec.121-ssec.3) The commercial carrier must keep a record of the following information in the approved form— the name of the consignor; the address of the place where the commercial carrier collected the fish; the address of the place where the commercial carrier is to deliver the fish.\n(sec.121-ssec.4) The commercial carrier must ensure that, while the fish are on board the boat or in the vehicle, the record is— kept on board the boat or in the vehicle; and available for immediate inspection.\n- (a) the name of the consignor;\n- (b) the address of the place where the commercial carrier collected the fish;\n- (c) the address of the place where the commercial carrier is to deliver the fish.\n- (a) kept on board the boat or in the vehicle; and\n- (b) available for immediate inspection.","sortOrder":181},{"sectionNumber":"sec.122","sectionType":"section","heading":"Person storing fish to keep record of storage","content":"### sec.122 Person storing fish to keep record of storage\n\nThis section applies if a person (the warehouse keeper ) stores relevant fish at a place for another person (the consignor ) for trade or commerce.\nThe warehouse keeper must—\nkeep a written record stating the name of the consignor; and\nensure that while the fish are stored at the place, the record is—\nkept at the place; and\navailable for inspection.\n(sec.122-ssec.1) This section applies if a person (the warehouse keeper ) stores relevant fish at a place for another person (the consignor ) for trade or commerce.\n(sec.122-ssec.2) The warehouse keeper must— keep a written record stating the name of the consignor; and ensure that while the fish are stored at the place, the record is— kept at the place; and available for inspection.\n- (a) keep a written record stating the name of the consignor; and\n- (b) ensure that while the fish are stored at the place, the record is— (i) kept at the place; and (ii) available for inspection.\n- (i) kept at the place; and\n- (ii) available for inspection.\n- (i) kept at the place; and\n- (ii) available for inspection.","sortOrder":182},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"AIVR system","content":"# AIVR system","sortOrder":183},{"sectionNumber":"sec.123","sectionType":"section","heading":"Person using AIVR system to keep record of transaction number","content":"### sec.123 Person using AIVR system to keep record of transaction number\n\nA person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction.\nSee section 128 in relation to transaction numbers given when the AIVR system is not working properly or at all.","sortOrder":184},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Automated interactive voice response system","content":"# Automated interactive voice response system","sortOrder":185},{"sectionNumber":"sec.124","sectionType":"section","heading":"Chief executive must establish and operate AIVR system","content":"### sec.124 Chief executive must establish and operate AIVR system\n\nThe chief executive must establish and operate an automated interactive voice response system (the AIVR system ) for the following transactions—\na person giving information required to be given, under the Act , to the chief executive by using the AIVR system;\na person obtaining information required or authorised to be obtained, under the Act , from the chief executive by using the AIVR system;\na person changing a fisher PIN.\n- (a) a person giving information required to be given, under the Act , to the chief executive by using the AIVR system;\n- (b) a person obtaining information required or authorised to be obtained, under the Act , from the chief executive by using the AIVR system;\n- (c) a person changing a fisher PIN.","sortOrder":186},{"sectionNumber":"sec.125","sectionType":"section","heading":"Requirements for AIVR system","content":"### sec.125 Requirements for AIVR system\n\nThe AIVR system must provide for—\nkeeping a record of each transaction carried out by a person using the system; and\ngiving a person using the system to carry out a transaction a number (a transaction number ) to identify the transaction.\nFor subsection (1) (a) , a record of a transaction carried out by a person must include—\nany information entered into the system by the person; and\nany information given by the system to the person.\n(sec.125-ssec.1) The AIVR system must provide for— keeping a record of each transaction carried out by a person using the system; and giving a person using the system to carry out a transaction a number (a transaction number ) to identify the transaction.\n(sec.125-ssec.2) For subsection (1) (a) , a record of a transaction carried out by a person must include— any information entered into the system by the person; and any information given by the system to the person.\n- (a) keeping a record of each transaction carried out by a person using the system; and\n- (b) giving a person using the system to carry out a transaction a number (a transaction number ) to identify the transaction.\n- (a) any information entered into the system by the person; and\n- (b) any information given by the system to the person.","sortOrder":187},{"sectionNumber":"sec.126","sectionType":"section","heading":"Record kept by AIVR system is evidence of particular information","content":"### sec.126 Record kept by AIVR system is evidence of particular information\n\nA record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction.","sortOrder":188},{"sectionNumber":"sec.127","sectionType":"section","heading":"Transaction number given by AIVR system is evidence of transaction","content":"### sec.127 Transaction number given by AIVR system is evidence of transaction\n\nA transaction number given by the AIVR system for a transaction is evidence of the transaction.","sortOrder":189},{"sectionNumber":"sec.128","sectionType":"section","heading":"Procedure if AIVR system not working properly","content":"### sec.128 Procedure if AIVR system not working properly\n\nThis section applies if—\na person (the user ) is required or permitted under the Act to give or obtain information, or change a fisher PIN, by using the AIVR system; and\nthe system is not working properly or at all.\nThe chief executive must ensure the system transfers the user’s telephone call to either of the following (each a nominated person )—\nan officer or employee of the department;\na telecommunications service provider for the chief executive appointed by gazette notice.\nIf the user is transferred to a nominated person—\nthe nominated person must give the user a transaction number for the transaction; and\nthe chief executive must, within 14 days after the transaction, give the user a written notice stating the following—\nany information given by the user to the nominated person;\nany information given by the nominated person to the user.\nA transaction number given under subsection (3) (a) is taken to have been given by the AIVR system.\nA written notice given under subsection (3) (b) stating information mentioned in subsection (3) (b) (i) or (ii) is evidence of that information.\nIf the user is transferred to a nominated person and gives information to, or obtains information from, the nominated person, the user is taken to have complied with the requirement under the Act to give or obtain the information by using the AIVR system.\n(sec.128-ssec.1) This section applies if— a person (the user ) is required or permitted under the Act to give or obtain information, or change a fisher PIN, by using the AIVR system; and the system is not working properly or at all.\n(sec.128-ssec.2) The chief executive must ensure the system transfers the user’s telephone call to either of the following (each a nominated person )— an officer or employee of the department; a telecommunications service provider for the chief executive appointed by gazette notice.\n(sec.128-ssec.3) If the user is transferred to a nominated person— the nominated person must give the user a transaction number for the transaction; and the chief executive must, within 14 days after the transaction, give the user a written notice stating the following— any information given by the user to the nominated person; any information given by the nominated person to the user.\n(sec.128-ssec.4) A transaction number given under subsection (3) (a) is taken to have been given by the AIVR system.\n(sec.128-ssec.5) A written notice given under subsection (3) (b) stating information mentioned in subsection (3) (b) (i) or (ii) is evidence of that information.\n(sec.128-ssec.6) If the user is transferred to a nominated person and gives information to, or obtains information from, the nominated person, the user is taken to have complied with the requirement under the Act to give or obtain the information by using the AIVR system.\n- (a) a person (the user ) is required or permitted under the Act to give or obtain information, or change a fisher PIN, by using the AIVR system; and\n- (b) the system is not working properly or at all.\n- (a) an officer or employee of the department;\n- (b) a telecommunications service provider for the chief executive appointed by gazette notice.\n- (a) the nominated person must give the user a transaction number for the transaction; and\n- (b) the chief executive must, within 14 days after the transaction, give the user a written notice stating the following— (i) any information given by the user to the nominated person; (ii) any information given by the nominated person to the user.\n- (i) any information given by the user to the nominated person;\n- (ii) any information given by the nominated person to the user.\n- (i) any information given by the user to the nominated person;\n- (ii) any information given by the nominated person to the user.","sortOrder":190},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Compliance, enforcement and administration of Act","content":"# Compliance, enforcement and administration of Act","sortOrder":191},{"sectionNumber":"sec.129","sectionType":"section","heading":"Fisheries offences that are serious fisheries offences— Act , sch 1 , definition serious fisheries offence","content":"### sec.129 Fisheries offences that are serious fisheries offences— Act , sch 1 , definition serious fisheries offence\n\nFor schedule 1 of the Act , definition serious fisheries offence , paragraph (c) , a fisheries offence constituted by any of the following in relation to a commercial fishery is prescribed—\ncontravening the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 38BA ;\nentering or using a marine park in contravention of the Marine Parks Act 2004 , section 43 or the Marine Parks Regulation 2017 , section 135 .\ns 129 sub 2020 SL No. 236 s 73\n- (a) contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 38BA ;\n- (b) entering or using a marine park in contravention of the Marine Parks Act 2004 , section 43 or the Marine Parks Regulation 2017 , section 135 .","sortOrder":192},{"sectionNumber":"sec.130","sectionType":"section","heading":"Prescribed matters for evidentiary certificates— Act , s 184","content":"### sec.130 Prescribed matters for evidentiary certificates— Act , s 184\n\nFor section 184 (4) (g) of the Act , the following matters are prescribed—\ninformation taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 ;\na summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 .\ns 130 amd 2020 SL No. 236 s 192\n- (a) information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 ;\n- (b) a summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 .","sortOrder":193},{"sectionNumber":"sec.131","sectionType":"section","heading":"Matters about seizure of fisheries resources— Act , s 154","content":"### sec.131 Matters about seizure of fisheries resources— Act , s 154\n\nFor section 154 of the Act —\nfish of a species of regulated fish are declared to be fisheries resources to which the section applies; and\nthe offences against sections 77 and 78 of the Act are declared to be offences to which the section applies; and\nthe percentage prescribed for fish that are declared fisheries resources is—\nif the Fisheries Declaration 2019 , schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or\notherwise—5%.\n- (a) fish of a species of regulated fish are declared to be fisheries resources to which the section applies; and\n- (b) the offences against sections 77 and 78 of the Act are declared to be offences to which the section applies; and\n- (c) the percentage prescribed for fish that are declared fisheries resources is— (i) if the Fisheries Declaration 2019 , schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or (ii) otherwise—5%.\n- (i) if the Fisheries Declaration 2019 , schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or\n- (ii) otherwise—5%.\n- (i) if the Fisheries Declaration 2019 , schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or\n- (ii) otherwise—5%.","sortOrder":194},{"sectionNumber":"sec.132","sectionType":"section","heading":"Persons who may be appointed as inspectors","content":"### sec.132 Persons who may be appointed as inspectors\n\nFor section 140 (1) (d) of the Act , the following persons are prescribed—\nan employee of a local government;\na person with relevant knowledge of fisheries resources or fish habitat in a particular area;\na member of an entity engaged in stocking fish\na person appointed to enforce fisheries legislation, other than the Act .\n- (a) an employee of a local government;\n- (b) a person with relevant knowledge of fisheries resources or fish habitat in a particular area; Example for paragraph (b) — a member of an entity engaged in stocking fish\n- (c) a person appointed to enforce fisheries legislation, other than the Act .","sortOrder":195},{"sectionNumber":"sec.133","sectionType":"section","heading":"Prescribed entities for delegation of functions or powers— Act , s 222","content":"### sec.133 Prescribed entities for delegation of functions or powers— Act , s 222\n\nFor section 222 (1) (b) of the Act , each of the following entities is prescribed—\nthe Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994 ;\na government entity under the Public Service Act 2008 , section 24 ;\nAustralia Post;\nan entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post.\na licence\na franchise agreement\nan arrangement for an entity to supply services that are ancillary to its other services\nHowever, subsection (1) (b) , (c) and (d) applies only in relation to the chief executive’s power to issue a permit to take freshwater fish from a prescribed stocked impoundment by using a fishing line.\ns 133 amd 2021 SL No. 29 s 21\n(sec.133-ssec.1) For section 222 (1) (b) of the Act , each of the following entities is prescribed— the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994 ; a government entity under the Public Service Act 2008 , section 24 ; Australia Post; an entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post. a licence a franchise agreement an arrangement for an entity to supply services that are ancillary to its other services\n(sec.133-ssec.2) However, subsection (1) (b) , (c) and (d) applies only in relation to the chief executive’s power to issue a permit to take freshwater fish from a prescribed stocked impoundment by using a fishing line.\n- (a) the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994 ;\n- (b) a government entity under the Public Service Act 2008 , section 24 ;\n- (c) Australia Post;\n- (d) an entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post. Examples of an agreement or arrangement for paragraph (d) — • a licence • a franchise agreement • an arrangement for an entity to supply services that are ancillary to its other services\n- • a licence\n- • a franchise agreement\n- • an arrangement for an entity to supply services that are ancillary to its other services\n- • a licence\n- • a franchise agreement\n- • an arrangement for an entity to supply services that are ancillary to its other services","sortOrder":196},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Accepted development requirements","content":"# Accepted development requirements","sortOrder":197},{"sectionNumber":"sec.134","sectionType":"section","heading":"Purpose of part","content":"### sec.134 Purpose of part\n\nThis part states accepted development requirements for fisheries development under section 32 of the Act .\nSee the Planning Regulation 2017 , schedule 7 , part 3 for how works done in accordance with the accepted development requirements affect the classification of the works.","sortOrder":198},{"sectionNumber":"sec.135","sectionType":"section","heading":"Accepted development requirements","content":"### sec.135 Accepted development requirements\n\nThe requirements for fisheries development mentioned in column 1 are the accepted development requirements stated in the document mentioned in column 2 opposite the development—\nColumn 1\nColumn 2\nFisheries development\nDocument stating accepted development requirements\nmaterial change of use of premises for aquaculture\ndocument called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive\noperational work for constructing or raising waterway barrier works\ndocument called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive\noperational work within a declared fish habitat area\ndocument called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive\nremoval, destruction or damage of marine plants\ndocument called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive","sortOrder":199},{"sectionNumber":"sec.136","sectionType":"section","heading":"Documents stating accepted development requirements available for inspection","content":"### sec.136 Documents stating accepted development requirements available for inspection\n\nA document mentioned in section 135 is—\navailable for inspection, free of charge, by arrangement with the chief executive; and\npublished on the department’s website.\n- (a) available for inspection, free of charge, by arrangement with the chief executive; and\n- (b) published on the department’s website.","sortOrder":200},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":201},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Fees for resource allocation authorities","content":"## Fees for resource allocation authorities","sortOrder":202},{"sectionNumber":"sec.137","sectionType":"section","heading":"Assessment fees","content":"### sec.137 Assessment fees\n\nSchedule 5 states the fees payable for a resource allocation authority.\nFor schedule 5 , an application for a resource allocation authority requires a level 1, 2, 3, 4 or 5 assessment if the chief executive considers the application will reasonably require that level of assessment having regard to each of the following—\nthe number of hours, and number of persons, that will be involved in assessing the application;\nthe complexity of assessing the development or activity the subject of the application against the Act ;\nthe number of site inspections that will be required for assessing the application;\nwhether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application.\ns 137 amd 2024 SL No. 196 s 12\n(sec.137-ssec.1) Schedule 5 states the fees payable for a resource allocation authority.\n(sec.137-ssec.2) For schedule 5 , an application for a resource allocation authority requires a level 1, 2, 3, 4 or 5 assessment if the chief executive considers the application will reasonably require that level of assessment having regard to each of the following— the number of hours, and number of persons, that will be involved in assessing the application; the complexity of assessing the development or activity the subject of the application against the Act ; the number of site inspections that will be required for assessing the application; whether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application.\n- (a) the number of hours, and number of persons, that will be involved in assessing the application;\n- (b) the complexity of assessing the development or activity the subject of the application against the Act ;\n- (c) the number of site inspections that will be required for assessing the application;\n- (d) whether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application.","sortOrder":203},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Other fees","content":"## Other fees","sortOrder":204},{"sectionNumber":"sec.138","sectionType":"section","heading":"Definition for division","content":"### sec.138 Definition for division\n\nIn this division—\nholder , of a licence or other authority, does not include a person who holds the licence or other authority because of a temporary transfer.","sortOrder":205},{"sectionNumber":"sec.139","sectionType":"section","heading":"Fees generally","content":"### sec.139 Fees generally\n\nThe fees payable under the Act , other than the fees payable under division 1 , are stated in schedule 6 .\nAn amount of a fee stated in schedule 6 that is not paid as required under this division may be recovered by the State as a debt.\n(sec.139-ssec.1) The fees payable under the Act , other than the fees payable under division 1 , are stated in schedule 6 .\n(sec.139-ssec.2) An amount of a fee stated in schedule 6 that is not paid as required under this division may be recovered by the State as a debt.","sortOrder":206},{"sectionNumber":"sec.140","sectionType":"section","heading":"General matters about fees for a licence, fishery symbol or quota authority","content":"### sec.140 General matters about fees for a licence, fishery symbol or quota authority\n\nA fee stated in schedule 6 , part 1 for a licence—\nis in addition to any fee payable under schedule 6 , part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and\nis payable by the holder of the licence.\nA fee stated in schedule 6 , part 2 for a fishery symbol—\nis an annual fee; and\nis for each fishery symbol of that type written on a licence; and\nif the fee includes a reference to a unit or area—is for each unit or area to which the fishery symbol relates; and\nis payable by the holder of the licence.\nA fee stated in schedule 6 , part 2 for a quota authority—\nis an annual fee; and\nis for each quota authority of that type held by the holder of the authority; and\nis payable by the holder of the authority.\n(sec.140-ssec.1) A fee stated in schedule 6 , part 1 for a licence— is in addition to any fee payable under schedule 6 , part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and is payable by the holder of the licence.\n(sec.140-ssec.2) A fee stated in schedule 6 , part 2 for a fishery symbol— is an annual fee; and is for each fishery symbol of that type written on a licence; and if the fee includes a reference to a unit or area—is for each unit or area to which the fishery symbol relates; and is payable by the holder of the licence.\n(sec.140-ssec.3) A fee stated in schedule 6 , part 2 for a quota authority— is an annual fee; and is for each quota authority of that type held by the holder of the authority; and is payable by the holder of the authority.\n- (a) is in addition to any fee payable under schedule 6 , part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and\n- (b) is payable by the holder of the licence.\n- (a) is an annual fee; and\n- (b) is for each fishery symbol of that type written on a licence; and\n- (c) if the fee includes a reference to a unit or area—is for each unit or area to which the fishery symbol relates; and\n- (d) is payable by the holder of the licence.\n- (a) is an annual fee; and\n- (b) is for each quota authority of that type held by the holder of the authority; and\n- (c) is payable by the holder of the authority.","sortOrder":207},{"sectionNumber":"sec.141","sectionType":"section","heading":"Additional provision about annual fees for a licence, fishery symbol or quota authority","content":"### sec.141 Additional provision about annual fees for a licence, fishery symbol or quota authority\n\nThis section applies to—\nan annual fee for a licence stated in schedule 6 , part 1 ; and\na fee for a fishery symbol or quota authority stated in schedule 6 , part 2 .\nThe fee is payable for a financial year—\nin full before the start of the financial year; or\nfor a licence stated in schedule 6 , part 1 —in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with—\n1 payment before the start of the financial year; and\nthe other payment at least 6 months before the end of the financial year.\nIf the licence, fishery symbol or quota authority is issued or transferred to a person during a financial year, subsection (2) applies in relation to that financial year as if—\na reference to the start of the financial year were a reference to when the licence, fishery symbol or quota authority was issued or transferred to the person; and\na reference to at least 6 months before the end of the financial year were a reference to the middle of the period starting when the licence was issued or transferred to the person and ending at the end of the financial year.\nFor subsection (3) , a fishery symbol is issued or transferred to a person when the fishery symbol is written on a licence held by the person.\nIn this section—\nadditional administrative fee means the additional administrative fee stated in schedule 6 , part 1 .\ns 141 amd 2020 SL No. 152 s 17 ; 2020 SL No. 236 s 192A (amd 2021 SL No. 85 s 20 )\n(sec.141-ssec.1) This section applies to— an annual fee for a licence stated in schedule 6 , part 1 ; and a fee for a fishery symbol or quota authority stated in schedule 6 , part 2 .\n(sec.141-ssec.2) The fee is payable for a financial year— in full before the start of the financial year; or for a licence stated in schedule 6 , part 1 —in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with— 1 payment before the start of the financial year; and the other payment at least 6 months before the end of the financial year.\n(sec.141-ssec.3) If the licence, fishery symbol or quota authority is issued or transferred to a person during a financial year, subsection (2) applies in relation to that financial year as if— a reference to the start of the financial year were a reference to when the licence, fishery symbol or quota authority was issued or transferred to the person; and a reference to at least 6 months before the end of the financial year were a reference to the middle of the period starting when the licence was issued or transferred to the person and ending at the end of the financial year.\n(sec.141-ssec.4) For subsection (3) , a fishery symbol is issued or transferred to a person when the fishery symbol is written on a licence held by the person.\n(sec.141-ssec.5) In this section— additional administrative fee means the additional administrative fee stated in schedule 6 , part 1 .\n- (a) an annual fee for a licence stated in schedule 6 , part 1 ; and\n- (b) a fee for a fishery symbol or quota authority stated in schedule 6 , part 2 .\n- (a) in full before the start of the financial year; or\n- (b) for a licence stated in schedule 6 , part 1 —in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with— (i) 1 payment before the start of the financial year; and (ii) the other payment at least 6 months before the end of the financial year.\n- (i) 1 payment before the start of the financial year; and\n- (ii) the other payment at least 6 months before the end of the financial year.\n- (i) 1 payment before the start of the financial year; and\n- (ii) the other payment at least 6 months before the end of the financial year.\n- (a) a reference to the start of the financial year were a reference to when the licence, fishery symbol or quota authority was issued or transferred to the person; and\n- (b) a reference to at least 6 months before the end of the financial year were a reference to the middle of the period starting when the licence was issued or transferred to the person and ending at the end of the financial year.","sortOrder":208},{"sectionNumber":"sec.142","sectionType":"section","heading":"Further provision about licence, fishery symbol or quota authority held for part of a financial year","content":"### sec.142 Further provision about licence, fishery symbol or quota authority held for part of a financial year\n\nThis section applies if a licence, fishery symbol or quota authority is held by a person for only part of a financial year.\nThe annual fee payable by the person for the licence, fishery symbol or quota authority for the financial year is the proportion of the annual fee stated in schedule 6 , part 1 or 2 attributable to the number of whole or part months for which the licence, fishery symbol or quota authority is held by the person.\nFor this section, a fishery symbol is held by a person for the period the fishery symbol is written on a licence held by the person.\n(sec.142-ssec.1) This section applies if a licence, fishery symbol or quota authority is held by a person for only part of a financial year.\n(sec.142-ssec.2) The annual fee payable by the person for the licence, fishery symbol or quota authority for the financial year is the proportion of the annual fee stated in schedule 6 , part 1 or 2 attributable to the number of whole or part months for which the licence, fishery symbol or quota authority is held by the person.\n(sec.142-ssec.3) For this section, a fishery symbol is held by a person for the period the fishery symbol is written on a licence held by the person.","sortOrder":209},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Waiver or refund of fees","content":"## Waiver or refund of fees","sortOrder":210},{"sectionNumber":"sec.143","sectionType":"section","heading":"Chief executive may waive or refund a fee","content":"### sec.143 Chief executive may waive or refund a fee\n\nThis section applies for waiving or refunding fees stated in schedule 5 or schedule 6 .\nThe chief executive may—\nwaive the payment of a fee for a person; or\nrefund the whole, or a part of, a fee paid by a person.\nThe chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application.\nThe chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.\ns 143 amd 2024 SL No. 196 s 13\n(sec.143-ssec.1) This section applies for waiving or refunding fees stated in schedule 5 or schedule 6 .\n(sec.143-ssec.2) The chief executive may— waive the payment of a fee for a person; or refund the whole, or a part of, a fee paid by a person. The chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application. The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.\n- (a) waive the payment of a fee for a person; or\n- (b) refund the whole, or a part of, a fee paid by a person.\n- 1 The chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application.\n- 2 The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.","sortOrder":211},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Provisions for SL No. 179 of 2019","content":"# Provisions for SL No. 179 of 2019","sortOrder":212},{"sectionNumber":"sec.144","sectionType":"section","heading":"Existing commercial fisher licences","content":"### sec.144 Existing commercial fisher licences\n\nSection 31 does not apply to a commercial fisher licence in force immediately before the commencement unless and until the licence is renewed.","sortOrder":213},{"sectionNumber":"sec.145","sectionType":"section","heading":"Existing commercial fishing boat licences","content":"### sec.145 Existing commercial fishing boat licences\n\nSection 34(2) does not apply to a commercial fishing boat licence in force immediately before the commencement unless and until the licence is renewed or transferred.","sortOrder":214},{"sectionNumber":"sec.146","sectionType":"section","heading":"Existing general purpose permits","content":"### sec.146 Existing general purpose permits\n\nSection 50 does not apply to a general fisheries permit in force immediately before the commencement.\nAlso, section 25(e) does not affect a general fisheries permit in force immediately before the commencement.\n(sec.146-ssec.1) Section 50 does not apply to a general fisheries permit in force immediately before the commencement.\n(sec.146-ssec.2) Also, section 25(e) does not affect a general fisheries permit in force immediately before the commencement.","sortOrder":215},{"sectionNumber":"sec.147","sectionType":"section","heading":"Existing notices relating to vessel tracking","content":"### sec.147 Existing notices relating to vessel tracking\n\nThis section applies to each of the following notices that were still in effect immediately before the commencement—\na boat communication notice given to the chief executive under section 625K of the expired regulation;\na notice given to the chief executive under section 625N of the expired regulation;\na notice given by the chief executive or an inspector under section 625O(3), 625P(3) or 625Q(2)(a) of the expired regulation;\na notice given to the chief executive or an inspector under section 625Q(2)(b) of the expired regulation.\nThe notice is taken to have been given under the provision of chapter 4, part 1 corresponding to the provision of the expired regulation under which the notice was given.\nIn this section—\nexpired regulation means the expired Fisheries Regulation 2008 .\n(sec.147-ssec.1) This section applies to each of the following notices that were still in effect immediately before the commencement— a boat communication notice given to the chief executive under section 625K of the expired regulation; a notice given to the chief executive under section 625N of the expired regulation; a notice given by the chief executive or an inspector under section 625O(3), 625P(3) or 625Q(2)(a) of the expired regulation; a notice given to the chief executive or an inspector under section 625Q(2)(b) of the expired regulation.\n(sec.147-ssec.2) The notice is taken to have been given under the provision of chapter 4, part 1 corresponding to the provision of the expired regulation under which the notice was given.\n(sec.147-ssec.3) In this section— expired regulation means the expired Fisheries Regulation 2008 .\n- (a) a boat communication notice given to the chief executive under section 625K of the expired regulation;\n- (b) a notice given to the chief executive under section 625N of the expired regulation;\n- (c) a notice given by the chief executive or an inspector under section 625O(3), 625P(3) or 625Q(2)(a) of the expired regulation;\n- (d) a notice given to the chief executive or an inspector under section 625Q(2)(b) of the expired regulation.","sortOrder":216},{"sectionNumber":"sec.148","sectionType":"section","heading":"Annual fees for 2019-20 financial year","content":"### sec.148 Annual fees for 2019-20 financial year\n\nThis section applies in relation to an annual fee payable, under chapter 6, part 4, division 2, for the financial year ending on 30 June 2020 for an authority in force on the commencement.\nThe annual fee is payable in full before 31 December 2019.\nHowever, if, on the commencement, the holder of the authority has paid all fees relating to the authority that the holder has been liable to pay under the Act before the commencement, the annual fee payable for the authority for the financial year ending on 30 June 2020 is reduced by 50%.\nThe chief executive may enter into an arrangement with the holder of the authority for the annual fee to be paid in 2 or more payments with the last payment being made no later than 30 June 2020.\n(sec.148-ssec.1) This section applies in relation to an annual fee payable, under chapter 6, part 4, division 2, for the financial year ending on 30 June 2020 for an authority in force on the commencement.\n(sec.148-ssec.2) The annual fee is payable in full before 31 December 2019.\n(sec.148-ssec.3) However, if, on the commencement, the holder of the authority has paid all fees relating to the authority that the holder has been liable to pay under the Act before the commencement, the annual fee payable for the authority for the financial year ending on 30 June 2020 is reduced by 50%.\n(sec.148-ssec.4) The chief executive may enter into an arrangement with the holder of the authority for the annual fee to be paid in 2 or more payments with the last payment being made no later than 30 June 2020.","sortOrder":217},{"sectionNumber":"sec.149","sectionType":"section","heading":"References to 2008 regulation","content":"### sec.149 References to 2008 regulation\n\nIn an instrument, a reference to the expired Fisheries Regulation 2008 may be taken to be a reference to any of the following, if the context permits—\nthis regulation;\nthe Fisheries (Commercial Fisheries) Regulation 2019 ;\nthe Fisheries Declaration 2019 .\nIn an instrument, a reference to a provision of the expired Fisheries Regulation 2008 (the expired provision ) may, if the context permits, be taken to be a reference to the provision of legislation mentioned in subsection (1)(a), (b) or (c) that corresponds, or substantially corresponds, to the expired provision.\n(sec.149-ssec.1) In an instrument, a reference to the expired Fisheries Regulation 2008 may be taken to be a reference to any of the following, if the context permits— this regulation; the Fisheries (Commercial Fisheries) Regulation 2019 ; the Fisheries Declaration 2019 .\n(sec.149-ssec.2) In an instrument, a reference to a provision of the expired Fisheries Regulation 2008 (the expired provision ) may, if the context permits, be taken to be a reference to the provision of legislation mentioned in subsection (1)(a), (b) or (c) that corresponds, or substantially corresponds, to the expired provision.\n- (a) this regulation;\n- (b) the Fisheries (Commercial Fisheries) Regulation 2019 ;\n- (c) the Fisheries Declaration 2019 .","sortOrder":218},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Provisions for Fisheries Legislation Amendment Regulation 2020","content":"# Provisions for Fisheries Legislation Amendment Regulation 2020","sortOrder":219},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Amendments commencing on notification of amendment regulation","content":"## Amendments commencing on notification of amendment regulation","sortOrder":220},{"sectionNumber":"sec.150","sectionType":"section","heading":"References to trawl regions","content":"### sec.150 References to trawl regions\n\nThis section applies to a reference in this regulation to a trawl region, or a trawl region by name, from the commencement to 31 August 2021.\nThe reference is taken to be a reference to a trawl region, or a trawl region of that name, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 2 , part 4 , division 1 , as it will be in force on 1 September 2021.\nThe Fisheries (Commercial Fisheries) Regulation 2019 , schedule 2 is replaced by the Fisheries Legislation Amendment Regulation 2020 , section 159 which commences on 1 September 2021.\ns 150 ins 2020 SL No. 236 s 75\n(sec.150-ssec.1) This section applies to a reference in this regulation to a trawl region, or a trawl region by name, from the commencement to 31 August 2021.\n(sec.150-ssec.2) The reference is taken to be a reference to a trawl region, or a trawl region of that name, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 2 , part 4 , division 1 , as it will be in force on 1 September 2021. The Fisheries (Commercial Fisheries) Regulation 2019 , schedule 2 is replaced by the Fisheries Legislation Amendment Regulation 2020 , section 159 which commences on 1 September 2021.","sortOrder":221},{"sectionNumber":"sec.151","sectionType":"section","heading":"References to Fisheries (Commercial Fisheries) Regulation 2019 , sch 9","content":"### sec.151 References to Fisheries (Commercial Fisheries) Regulation 2019 , sch 9\n\nThis section applies to a reference in any of schedules 2B to 2D to a provision of the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , from the commencement to 31 August 2021.\nThe reference is taken to be a reference to the provision of that number in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , as it will be in force on 1 September 2021.\nThe Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 is replaced by the Fisheries Legislation Amendment Regulation 2020 , section 172 which commences on 1 September 2021.\ns 151 ins 2020 SL No. 236 s 75\n(sec.151-ssec.1) This section applies to a reference in any of schedules 2B to 2D to a provision of the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , from the commencement to 31 August 2021.\n(sec.151-ssec.2) The reference is taken to be a reference to the provision of that number in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , as it will be in force on 1 September 2021. The Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 is replaced by the Fisheries Legislation Amendment Regulation 2020 , section 172 which commences on 1 September 2021.","sortOrder":222},{"sectionNumber":"sec.152","sectionType":"section","heading":"Existing general fisheries permits","content":"### sec.152 Existing general fisheries permits\n\nSection 51A does not apply to a general fisheries permit in effect immediately before the commencement.\ns 152 ins 2020 SL No. 236 s 75","sortOrder":223},{"sectionNumber":"sec.153","sectionType":"section","heading":"Existing ITQ units","content":"### sec.153 Existing ITQ units\n\nAn ITQ unit in effect immediately before the commencement is taken to be a C2-ITQ unit.\nIn a document, if the context permits, a reference to an ITQ is taken to be a reference to a C2-ITQ unit.\nTo remove any doubt, it is declared that the amendment of this regulation by the Fisheries Legislation Amendment Regulation 2020 did not create a new type of quota authority for the commercial spanner crab fishery (managed area A).\ns 153 ins 2020 SL No. 236 s 75\n(sec.153-ssec.1) An ITQ unit in effect immediately before the commencement is taken to be a C2-ITQ unit.\n(sec.153-ssec.2) In a document, if the context permits, a reference to an ITQ is taken to be a reference to a C2-ITQ unit.\n(sec.153-ssec.3) To remove any doubt, it is declared that the amendment of this regulation by the Fisheries Legislation Amendment Regulation 2020 did not create a new type of quota authority for the commercial spanner crab fishery (managed area A).","sortOrder":224},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Amendments commencing on 1 January 2021","content":"## Amendments commencing on 1 January 2021","sortOrder":225},{"sectionNumber":"sec.154","sectionType":"section","heading":"Existing commercial fishing boat licences","content":"### sec.154 Existing commercial fishing boat licences\n\nA commercial fishing boat licence in effect immediately before the commencement of this section is taken to be a primary commercial fishing licence subject to the same term and conditions that applied to the licence immediately before the commencement.\nSection 32 does not apply in relation to tender boats authorised to be used under the licence until the licence is renewed or transferred.\nSubsection (4) applies if—\nsection 145 applied to the licence on the commencement of that section; and\nthe licence has not been renewed or transferred between the commencement of that section and the commencement of this section.\nSection 31(2) does not apply to the licence unless and until the licence is renewed or transferred.\ns 154 ins 2020 SL No. 236 s 122\n(sec.154-ssec.1) A commercial fishing boat licence in effect immediately before the commencement of this section is taken to be a primary commercial fishing licence subject to the same term and conditions that applied to the licence immediately before the commencement.\n(sec.154-ssec.2) Section 32 does not apply in relation to tender boats authorised to be used under the licence until the licence is renewed or transferred.\n(sec.154-ssec.3) Subsection (4) applies if— section 145 applied to the licence on the commencement of that section; and the licence has not been renewed or transferred between the commencement of that section and the commencement of this section.\n(sec.154-ssec.4) Section 31(2) does not apply to the licence unless and until the licence is renewed or transferred.\n- (a) section 145 applied to the licence on the commencement of that section; and\n- (b) the licence has not been renewed or transferred between the commencement of that section and the commencement of this section.","sortOrder":226},{"sectionNumber":"sec.155","sectionType":"section","heading":"Existing commercial harvest fishery licences","content":"### sec.155 Existing commercial harvest fishery licences\n\nThis section applies in relation to a person who held a commercial harvest fishery licence in effect immediately before the commencement (the existing licence ).\nFrom the commencement, the person is taken to hold a primary commercial fishing licence, subject to the same term and conditions that applied to the existing licence immediately before the commencement.\nThe chief executive must give the person a written notice stating the following matters for the licence—\nthe boat that is the primary commercial fishing boat;\nthe authorised number of tender boats for each fishery symbol written on the licence.\nSection 32 applies in relation to the chief executive deciding the authorised number of tender boats for the licence under subsection (3)(b).\nIf the person applies for, and is issued, a commercial fisher licence before 30 June 2021, no annual fee is payable for the first year of the licence.\ns 155 ins 2020 SL No. 236 s 122\n(sec.155-ssec.1) This section applies in relation to a person who held a commercial harvest fishery licence in effect immediately before the commencement (the existing licence ).\n(sec.155-ssec.2) From the commencement, the person is taken to hold a primary commercial fishing licence, subject to the same term and conditions that applied to the existing licence immediately before the commencement.\n(sec.155-ssec.3) The chief executive must give the person a written notice stating the following matters for the licence— the boat that is the primary commercial fishing boat; the authorised number of tender boats for each fishery symbol written on the licence.\n(sec.155-ssec.4) Section 32 applies in relation to the chief executive deciding the authorised number of tender boats for the licence under subsection (3)(b).\n(sec.155-ssec.5) If the person applies for, and is issued, a commercial fisher licence before 30 June 2021, no annual fee is payable for the first year of the licence.\n- (a) the boat that is the primary commercial fishing boat;\n- (b) the authorised number of tender boats for each fishery symbol written on the licence.","sortOrder":227},{"sectionNumber":"sec.156","sectionType":"section","heading":"Existing commercial fisher licences","content":"### sec.156 Existing commercial fisher licences\n\nThis section applies to a commercial fisher licence—\nto which section 144 applied on the commencement of that section; and\nthat has not been renewed between the commencement of that section and the commencement of this section.\nSection 35 does not apply to the commercial fisher licence until the licence is renewed.\ns 156 ins 2020 SL No. 236 s 122\n(sec.156-ssec.1) This section applies to a commercial fisher licence— to which section 144 applied on the commencement of that section; and that has not been renewed between the commencement of that section and the commencement of this section.\n(sec.156-ssec.2) Section 35 does not apply to the commercial fisher licence until the licence is renewed.\n- (a) to which section 144 applied on the commencement of that section; and\n- (b) that has not been renewed between the commencement of that section and the commencement of this section.","sortOrder":228},{"sectionNumber":"sec.157","sectionType":"section","heading":"Existing carrier boat licences","content":"### sec.157 Existing carrier boat licences\n\nA carrier boat licence in effect immediately before the commencement ends 1 year after the commencement.\nSections 42 and 43 as in force immediately before the commencement continue to apply in relation to the licence.\ns 157 ins 2020 SL No. 236 s 122\n(sec.157-ssec.1) A carrier boat licence in effect immediately before the commencement ends 1 year after the commencement.\n(sec.157-ssec.2) Sections 42 and 43 as in force immediately before the commencement continue to apply in relation to the licence.","sortOrder":229},{"sectionNumber":"sec.158","sectionType":"section","heading":"Undecided applications for particular licences","content":"### sec.158 Undecided applications for particular licences\n\nAn undecided application for a commercial fishing boat licence or commercial harvest fishery licence is taken to be an application for a primary commercial fishing licence.\nAn undecided application for a carrier boat licence is taken to have been withdrawn.\nThe chief executive must refund any fee paid for an application mentioned in subsection (2) to the applicant.\nIn this section—\nundecided application means an application made, but not decided, before the commencement.\ns 158 ins 2020 SL No. 236 s 122\n(sec.158-ssec.1) An undecided application for a commercial fishing boat licence or commercial harvest fishery licence is taken to be an application for a primary commercial fishing licence.\n(sec.158-ssec.2) An undecided application for a carrier boat licence is taken to have been withdrawn.\n(sec.158-ssec.3) The chief executive must refund any fee paid for an application mentioned in subsection (2) to the applicant.\n(sec.158-ssec.4) In this section— undecided application means an application made, but not decided, before the commencement.","sortOrder":230},{"sectionNumber":"sec.159","sectionType":"section","heading":"References to particular licences","content":"### sec.159 References to particular licences\n\nIn a document, if the context permits, a reference to a commercial fishing boat licence or commercial harvest fishery licence is taken to be a reference to a primary commercial fishing licence.\ns 159 ins 2020 SL No. 236 s 122","sortOrder":231},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"Amendments commencing on 1 September 2021","content":"## Amendments commencing on 1 September 2021","sortOrder":232},{"sectionNumber":"sec.160","sectionType":"section","heading":"Fees for fishery symbols and quota authorities for financial year starting 1 July 2021","content":"### sec.160 Fees for fishery symbols and quota authorities for financial year starting 1 July 2021\n\nThe fees stated in new schedule 6, part 2 apply to fishery symbols and quota authorities from 1 January 2022.\nFor the financial year starting on 1 July 2021 (the 21-22 financial year )—\nthe fees for a fishery symbol or quota authority for the period from 1 July 2021 to 31 December 2021 are the proportion of the fees stated in former schedule 6, part 2 attributable to the first 6 months of the financial year; and\nthe fees for a fishery symbol or quota authority for the period from 1 January 2022 to 30 June 2022 are the proportion of the fees stated in new schedule 6, part 2 attributable to the last 6 months of the financial year.\nHowever, the fee payable for a new quota authority for the 21-22 financial year—\nis the proportion of the annual fee stated in new schedule 6, part 2 for the authority attributable to the last 6 months of the financial year; and\nis payable on or before 1 January 2022.\nSubsection (5) applies if—\nbefore the commencement, the holder of an existing authority paid a fee stated in former schedule 6, part 2 for the authority for the 21-22 financial year (the paid amount ); and\nthe paid amount is different to the fee payable for the authority for the 21-22 financial year under subsection (2) (the payable amount ).\nThe chief executive must—\nif the paid amount is higher than the payable amount—refund the difference between the paid amount and payable amount to the holder; or\nif the paid amount is lower than the payable amount—give the holder a written notice stating the payable amount and the date, no earlier than 1 January 2022, by which the difference between the paid amount and payable amount is due.\nThis section does not limit section 142 or 143.\nIn this section—\nexisting authority means an authority other than a new quota authority.\nformer schedule 6, part 2 means schedule 6, part 2 as in force immediately before the commencement.\nnew quota authority means—\nan effort unit for the Moreton Bay trawl region; or\nan ENL-ITQ unit; or\na C1-ITQ unit.\nnew schedule 6, part 2 means schedule 6, part 2 as in force on the commencement.\ns 160 ins 2020 SL No. 236 s 193\n(sec.160-ssec.1) The fees stated in new schedule 6, part 2 apply to fishery symbols and quota authorities from 1 January 2022.\n(sec.160-ssec.2) For the financial year starting on 1 July 2021 (the 21-22 financial year )— the fees for a fishery symbol or quota authority for the period from 1 July 2021 to 31 December 2021 are the proportion of the fees stated in former schedule 6, part 2 attributable to the first 6 months of the financial year; and the fees for a fishery symbol or quota authority for the period from 1 January 2022 to 30 June 2022 are the proportion of the fees stated in new schedule 6, part 2 attributable to the last 6 months of the financial year.\n(sec.160-ssec.3) However, the fee payable for a new quota authority for the 21-22 financial year— is the proportion of the annual fee stated in new schedule 6, part 2 for the authority attributable to the last 6 months of the financial year; and is payable on or before 1 January 2022.\n(sec.160-ssec.4) Subsection (5) applies if— before the commencement, the holder of an existing authority paid a fee stated in former schedule 6, part 2 for the authority for the 21-22 financial year (the paid amount ); and the paid amount is different to the fee payable for the authority for the 21-22 financial year under subsection (2) (the payable amount ).\n(sec.160-ssec.5) The chief executive must— if the paid amount is higher than the payable amount—refund the difference between the paid amount and payable amount to the holder; or if the paid amount is lower than the payable amount—give the holder a written notice stating the payable amount and the date, no earlier than 1 January 2022, by which the difference between the paid amount and payable amount is due.\n(sec.160-ssec.6) This section does not limit section 142 or 143.\n(sec.160-ssec.7) In this section— existing authority means an authority other than a new quota authority. former schedule 6, part 2 means schedule 6, part 2 as in force immediately before the commencement. new quota authority means— an effort unit for the Moreton Bay trawl region; or an ENL-ITQ unit; or a C1-ITQ unit. new schedule 6, part 2 means schedule 6, part 2 as in force on the commencement.\n- (a) the fees for a fishery symbol or quota authority for the period from 1 July 2021 to 31 December 2021 are the proportion of the fees stated in former schedule 6, part 2 attributable to the first 6 months of the financial year; and\n- (b) the fees for a fishery symbol or quota authority for the period from 1 January 2022 to 30 June 2022 are the proportion of the fees stated in new schedule 6, part 2 attributable to the last 6 months of the financial year.\n- (a) is the proportion of the annual fee stated in new schedule 6, part 2 for the authority attributable to the last 6 months of the financial year; and\n- (b) is payable on or before 1 January 2022.\n- (a) before the commencement, the holder of an existing authority paid a fee stated in former schedule 6, part 2 for the authority for the 21-22 financial year (the paid amount ); and\n- (b) the paid amount is different to the fee payable for the authority for the 21-22 financial year under subsection (2) (the payable amount ).\n- (a) if the paid amount is higher than the payable amount—refund the difference between the paid amount and payable amount to the holder; or\n- (b) if the paid amount is lower than the payable amount—give the holder a written notice stating the payable amount and the date, no earlier than 1 January 2022, by which the difference between the paid amount and payable amount is due.\n- (a) an effort unit for the Moreton Bay trawl region; or\n- (b) an ENL-ITQ unit; or\n- (c) a C1-ITQ unit.","sortOrder":233},{"sectionNumber":"sec.161","sectionType":"section","heading":"Continued application of ch 5, pt 2 to particular licences","content":"### sec.161 Continued application of ch 5, pt 2 to particular licences\n\nThis section applies if the relevant period under chapter 5, part 2 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.\nChapter 5, part 2 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.\ns 161 ins 2020 SL No. 236 s 193\n(sec.161-ssec.1) This section applies if the relevant period under chapter 5, part 2 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.\n(sec.161-ssec.2) Chapter 5, part 2 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.","sortOrder":234},{"sectionNumber":"sec.162","sectionType":"section","heading":"Continued application of ch 5, pt 3 to particular licences","content":"### sec.162 Continued application of ch 5, pt 3 to particular licences\n\nThis section applies if the relevant period under chapter 5, part 3 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.\nChapter 5, part 3 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.\ns 162 ins 2020 SL No. 236 s 193\n(sec.162-ssec.1) This section applies if the relevant period under chapter 5, part 3 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.\n(sec.162-ssec.2) Chapter 5, part 3 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.","sortOrder":235},{"sectionNumber":"sec.163","sectionType":"section","heading":"References to T1 effort units and T2 effort units","content":"### sec.163 References to T1 effort units and T2 effort units\n\nIn a document, if the context permits—\na reference to T1 effort units is taken to be a reference to effort units for a trawl region; and\na reference to T2 effort units is taken to be a reference to effort units for the southern offshore trawl region B.\ns 163 ins 2020 SL No. 236 s 193\n- (a) a reference to T1 effort units is taken to be a reference to effort units for a trawl region; and\n- (b) a reference to T2 effort units is taken to be a reference to effort units for the southern offshore trawl region B.","sortOrder":236},{"sectionNumber":"sch.2A-pt.1","sectionType":"part","heading":"Conversion of T1 and T2 effort units","content":"# Conversion of T1 and T2 effort units","sortOrder":237},{"sectionNumber":"sch.2A-sec.1","sectionType":"section","heading":"Purpose of part","content":"### sch.2A-sec.1 Purpose of part\n\nThis part provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.","sortOrder":238},{"sectionNumber":"sch.2A-sec.1A","sectionType":"section","heading":"Application of part","content":"### sch.2A-sec.1A Application of part\n\nThis part applies only to T1 effort units or T2 effort units held by a person on 22 April 2021.\nsch 2A s 1A ins 2021 SL No. 29 s 22 (1)","sortOrder":239},{"sectionNumber":"sch.2A-sec.2","sectionType":"section","heading":"Definition for part","content":"### sch.2A-sec.2 Definition for part\n\nIn this part—\nprescribed year means a calendar year starting on 1 January of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 or 2017.","sortOrder":240},{"sectionNumber":"sch.2A-sec.3","sectionType":"section","heading":"Working out holder’s used and unused effort units","content":"### sch.2A-sec.3 Working out holder’s used and unused effort units\n\nThis section provides for working out, for the holder of T1 effort units or T2 effort units—\nthe holder’s number of used T1 effort units or T2 effort units for each trawl region; and\nthe holder’s number of unused T1 effort units or T2 effort units.\nThe holder’s used T1 effort units or T2 effort units for a trawl region are worked out—\nby adding up the number of the T1 effort units or T2 effort units the holder used in each of the prescribed years in the region; and\ndividing that number by 10.\nThe holder’s unused T1 effort units or T2 effort units is the difference between—\nthe total number of T1 effort units or T2 effort units held by the holder; and\nthe total number of the holder’s used T1 effort units or T2 effort units for all trawl regions worked out under subsection (2) .\n(sch.2A-sec.3-ssec.1) This section provides for working out, for the holder of T1 effort units or T2 effort units— the holder’s number of used T1 effort units or T2 effort units for each trawl region; and the holder’s number of unused T1 effort units or T2 effort units.\n(sch.2A-sec.3-ssec.2) The holder’s used T1 effort units or T2 effort units for a trawl region are worked out— by adding up the number of the T1 effort units or T2 effort units the holder used in each of the prescribed years in the region; and dividing that number by 10.\n(sch.2A-sec.3-ssec.3) The holder’s unused T1 effort units or T2 effort units is the difference between— the total number of T1 effort units or T2 effort units held by the holder; and the total number of the holder’s used T1 effort units or T2 effort units for all trawl regions worked out under subsection (2) .\n- (a) the holder’s number of used T1 effort units or T2 effort units for each trawl region; and\n- (b) the holder’s number of unused T1 effort units or T2 effort units.\n- (a) by adding up the number of the T1 effort units or T2 effort units the holder used in each of the prescribed years in the region; and\n- (b) dividing that number by 10.\n- (a) the total number of T1 effort units or T2 effort units held by the holder; and\n- (b) the total number of the holder’s used T1 effort units or T2 effort units for all trawl regions worked out under subsection (2) .","sortOrder":241},{"sectionNumber":"sch.2A-sec.4","sectionType":"section","heading":"Particular holders may nominate trawl region for used T1 effort units","content":"### sch.2A-sec.4 Particular holders may nominate trawl region for used T1 effort units\n\nThis section applies if the holder of used T1 effort units obtained the holder’s T1 licence between 1 January 2015 and 30 June 2017.\nThe holder may, before 16 July 2021, give the chief executive written notice nominating 1 or more trawl regions to which a stated number of the used T1 effort units are to be converted under this part.\nHowever, the holder—\nmust nominate 1 or more trawl regions for exactly 50% of the holder’s used T1 effort units; and\ncan not nominate the Moreton Bay trawl region.\nIn this section—\nobtained , in relation to a T1 licence, means obtained in either of the following ways—\nby issue of the licence by the chief executive;\nby transfer of the licence from another person.\n(sch.2A-sec.4-ssec.1) This section applies if the holder of used T1 effort units obtained the holder’s T1 licence between 1 January 2015 and 30 June 2017.\n(sch.2A-sec.4-ssec.2) The holder may, before 16 July 2021, give the chief executive written notice nominating 1 or more trawl regions to which a stated number of the used T1 effort units are to be converted under this part.\n(sch.2A-sec.4-ssec.3) However, the holder— must nominate 1 or more trawl regions for exactly 50% of the holder’s used T1 effort units; and can not nominate the Moreton Bay trawl region.\n(sch.2A-sec.4-ssec.4) In this section— obtained , in relation to a T1 licence, means obtained in either of the following ways— by issue of the licence by the chief executive; by transfer of the licence from another person.\n- (a) must nominate 1 or more trawl regions for exactly 50% of the holder’s used T1 effort units; and\n- (b) can not nominate the Moreton Bay trawl region.\n- (a) by issue of the licence by the chief executive;\n- (b) by transfer of the licence from another person.","sortOrder":242},{"sectionNumber":"sch.2A-sec.5","sectionType":"section","heading":"Holder may nominate trawl region for unused T1 effort units","content":"### sch.2A-sec.5 Holder may nominate trawl region for unused T1 effort units\n\nThe holder of unused T1 effort units may, before 16 July 2021, give the chief executive written notice nominating the trawl region to which the unused T1 effort units are to be converted under this part.","sortOrder":243},{"sectionNumber":"sch.2A-sec.6","sectionType":"section","heading":"Allocation of trawl region for T1 effort units","content":"### sch.2A-sec.6 Allocation of trawl region for T1 effort units\n\nThe chief executive must allocate the trawl region to which T1 effort units held by a person are to be converted under this part.\nUsed T1 effort units must be allocated to—\nfor used T1 effort units the subject of a nomination under section 4 —the trawl region nominated by the holder; or\nfor other used T1 effort units—the trawl region in which the effort units were used.\nUnused T1 effort units must be allocated—\nif the holder of the T1 effort units has, under section 5 , nominated the trawl region to which the unused effort units are to be converted—to the trawl region nominated by the holder; or\notherwise, as follows—\n36% of the T1 units must be allocated to the southern offshore trawl region A;\n21% of the T1 units must be allocated to the southern inshore trawl region;\n21% of the T1 units must be allocated to the central trawl region;\n22% of the T1 units must be allocated to the northern trawl region.\n(sch.2A-sec.6-ssec.1) The chief executive must allocate the trawl region to which T1 effort units held by a person are to be converted under this part.\n(sch.2A-sec.6-ssec.2) Used T1 effort units must be allocated to— for used T1 effort units the subject of a nomination under section 4 —the trawl region nominated by the holder; or for other used T1 effort units—the trawl region in which the effort units were used.\n(sch.2A-sec.6-ssec.3) Unused T1 effort units must be allocated— if the holder of the T1 effort units has, under section 5 , nominated the trawl region to which the unused effort units are to be converted—to the trawl region nominated by the holder; or otherwise, as follows— 36% of the T1 units must be allocated to the southern offshore trawl region A; 21% of the T1 units must be allocated to the southern inshore trawl region; 21% of the T1 units must be allocated to the central trawl region; 22% of the T1 units must be allocated to the northern trawl region.\n- (a) for used T1 effort units the subject of a nomination under section 4 —the trawl region nominated by the holder; or\n- (b) for other used T1 effort units—the trawl region in which the effort units were used.\n- (a) if the holder of the T1 effort units has, under section 5 , nominated the trawl region to which the unused effort units are to be converted—to the trawl region nominated by the holder; or\n- (b) otherwise, as follows— (i) 36% of the T1 units must be allocated to the southern offshore trawl region A; (ii) 21% of the T1 units must be allocated to the southern inshore trawl region; (iii) 21% of the T1 units must be allocated to the central trawl region; (iv) 22% of the T1 units must be allocated to the northern trawl region.\n- (i) 36% of the T1 units must be allocated to the southern offshore trawl region A;\n- (ii) 21% of the T1 units must be allocated to the southern inshore trawl region;\n- (iii) 21% of the T1 units must be allocated to the central trawl region;\n- (iv) 22% of the T1 units must be allocated to the northern trawl region.\n- (i) 36% of the T1 units must be allocated to the southern offshore trawl region A;\n- (ii) 21% of the T1 units must be allocated to the southern inshore trawl region;\n- (iii) 21% of the T1 units must be allocated to the central trawl region;\n- (iv) 22% of the T1 units must be allocated to the northern trawl region.","sortOrder":244},{"sectionNumber":"sch.2A-sec.7","sectionType":"section","heading":"Conversion of T1 and T2 effort units","content":"### sch.2A-sec.7 Conversion of T1 and T2 effort units\n\nThe chief executive must, before 31 August 2021—\nconvert T1 effort units into effort units for the trawl region to which the effort units are allocated under section 6 ; and\nconvert T2 effort units into effort units for the southern offshore trawl region B; and\ngive each holder of T1 effort units or T2 effort units a replacement certificate for the effort units.\n- (a) convert T1 effort units into effort units for the trawl region to which the effort units are allocated under section 6 ; and\n- (b) convert T2 effort units into effort units for the southern offshore trawl region B; and\n- (c) give each holder of T1 effort units or T2 effort units a replacement certificate for the effort units.","sortOrder":245},{"sectionNumber":"sch.2A-sec.8","sectionType":"section","heading":"When conversion takes effect","content":"### sch.2A-sec.8 When conversion takes effect\n\nThe conversion of T1 effort units and T2 effort units into effort units for a trawl region under this part takes effect on 1 September 2021.","sortOrder":246},{"sectionNumber":"sch.2A-pt.2","sectionType":"part","heading":"Issue of effort units for the Moreton Bay trawl region","content":"# Issue of effort units for the Moreton Bay trawl region","sortOrder":247},{"sectionNumber":"sch.2A-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":248},{"sectionNumber":"sch.2A-sec.9","sectionType":"section","heading":"Definitions for part","content":"### sch.2A-sec.9 Definitions for part\n\nIn this part—\neligible licence means an M1 or M2 licence.\neligible person means a person who holds an eligible licence on 22 April 2021.\nprescribed year means a financial year starting on 1 July of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 or 2016.","sortOrder":249},{"sectionNumber":"sch.2A-sec.10","sectionType":"section","heading":"Issue of effort units","content":"### sch.2A-sec.10 Issue of effort units\n\nThe chief executive must, on or before 31 August 2021, issue to each eligible person the number of effort units for the Moreton Bay trawl region worked out under division 2 for the person.","sortOrder":250},{"sectionNumber":"sch.2A-sec.11","sectionType":"section","heading":"When effort units take effect","content":"### sch.2A-sec.11 When effort units take effect\n\nEffort units for the Moreton Bay trawl region issued under this part take effect on 1 September 2021.","sortOrder":251},{"sectionNumber":"sch.2A-pt.2-div.2","sectionType":"division","heading":"Deciding number of effort units to be issued","content":"## Deciding number of effort units to be issued","sortOrder":252},{"sectionNumber":"sch.2A-sec.12","sectionType":"section","heading":"Process for deciding number of effort units to be issued","content":"### sch.2A-sec.12 Process for deciding number of effort units to be issued\n\nThe chief executive must decide the number of effort units for the Moreton Bay trawl region to be issued to an eligible person under this part as follows—\nthe chief executive must decide, under section 13 , each eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years;\nthe chief executive must work out, under section 14 , the extra fishing days available for allocation to eligible persons and allocate them to each eligible person;\nthe chief executive must apply the formula and process in section 15 to decide the number of effort units for the Moreton Bay trawl region to be issued to each eligible person under this part;\nif applicable, the chief executive must adjust the number of effort units for the Moreton Bay trawl region to be issued to the eligible person under section 16 .\n- (a) the chief executive must decide, under section 13 , each eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years;\n- (b) the chief executive must work out, under section 14 , the extra fishing days available for allocation to eligible persons and allocate them to each eligible person;\n- (c) the chief executive must apply the formula and process in section 15 to decide the number of effort units for the Moreton Bay trawl region to be issued to each eligible person under this part;\n- (d) if applicable, the chief executive must adjust the number of effort units for the Moreton Bay trawl region to be issued to the eligible person under section 16 .","sortOrder":253},{"sectionNumber":"sch.2A-sec.13","sectionType":"section","heading":"Deciding eligible person’s average yearly fishing days","content":"### sch.2A-sec.13 Deciding eligible person’s average yearly fishing days\n\nAn eligible person’s fishing days for the Moreton Bay trawl region are the days—\nthat the person used a boat in the region under an eligible licence held by the person; and\nthe details of which have been reported to the chief executive under an information requirement before 1 July 2018.\nThe chief executive must decide an eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years by—\nadding up the person’s fishing days in the 7 prescribed years with the highest number of fishing days; and\ndividing that number by 7.\nThe chief executive must give each eligible person an information notice for the chief executive’s decision under subsection (2) .\n(sch.2A-sec.13-ssec.1) An eligible person’s fishing days for the Moreton Bay trawl region are the days— that the person used a boat in the region under an eligible licence held by the person; and the details of which have been reported to the chief executive under an information requirement before 1 July 2018.\n(sch.2A-sec.13-ssec.2) The chief executive must decide an eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years by— adding up the person’s fishing days in the 7 prescribed years with the highest number of fishing days; and dividing that number by 7.\n(sch.2A-sec.13-ssec.3) The chief executive must give each eligible person an information notice for the chief executive’s decision under subsection (2) .\n- (a) that the person used a boat in the region under an eligible licence held by the person; and\n- (b) the details of which have been reported to the chief executive under an information requirement before 1 July 2018.\n- (a) adding up the person’s fishing days in the 7 prescribed years with the highest number of fishing days; and\n- (b) dividing that number by 7.","sortOrder":254},{"sectionNumber":"sch.2A-sec.14","sectionType":"section","heading":"Allocation of extra fishing days","content":"### sch.2A-sec.14 Allocation of extra fishing days\n\nThe chief executive must work out the extra fishing days for the Moreton Bay trawl region available for allocation to eligible persons by—\nadding the average yearly fishing days for the Moreton Bay trawl region worked out under section 13 (2) for all eligible persons; and\nsubtracting that number from 8,535.\nThe extra fishing days are to be allocated to eligible persons as follows—\nhalf of the days are to be issued among all eligible persons who hold an M1 licence in proportion to the number of M1 licences each eligible person holds relative to the total number of M1 licences;\nhalf of the days are to be issued among all eligible persons who hold an M2 licence in proportion to the number of M2 licences each eligible person holds relative to the total number of M2 licences.\nIf, after applying subsection (2) , the number of days to be issued to an eligible person is not a whole number, the number must be rounded up to the nearest whole number.\nsch 2A s 14 amd 2021 SL No. 29 s 22 (2)\n(sch.2A-sec.14-ssec.1) The chief executive must work out the extra fishing days for the Moreton Bay trawl region available for allocation to eligible persons by— adding the average yearly fishing days for the Moreton Bay trawl region worked out under section 13 (2) for all eligible persons; and subtracting that number from 8,535.\n(sch.2A-sec.14-ssec.2) The extra fishing days are to be allocated to eligible persons as follows— half of the days are to be issued among all eligible persons who hold an M1 licence in proportion to the number of M1 licences each eligible person holds relative to the total number of M1 licences; half of the days are to be issued among all eligible persons who hold an M2 licence in proportion to the number of M2 licences each eligible person holds relative to the total number of M2 licences.\n(sch.2A-sec.14-ssec.3) If, after applying subsection (2) , the number of days to be issued to an eligible person is not a whole number, the number must be rounded up to the nearest whole number.\n- (a) adding the average yearly fishing days for the Moreton Bay trawl region worked out under section 13 (2) for all eligible persons; and\n- (b) subtracting that number from 8,535.\n- (a) half of the days are to be issued among all eligible persons who hold an M1 licence in proportion to the number of M1 licences each eligible person holds relative to the total number of M1 licences;\n- (b) half of the days are to be issued among all eligible persons who hold an M2 licence in proportion to the number of M2 licences each eligible person holds relative to the total number of M2 licences.","sortOrder":255},{"sectionNumber":"sch.2A-sec.15","sectionType":"section","heading":"Deciding number of units to be issued","content":"### sch.2A-sec.15 Deciding number of units to be issued\n\nThe number of effort units for the Moreton Bay trawl region to be issued to an eligible person is the number worked out using the following formula—\nwhere—\nEU means the number of the effort units to be issued to the eligible person.\nFD means the eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years worked out under section 13 .\nED means the number of extra fishing days for the Moreton Bay trawl region allocated to the eligible person under section 14 .\nEUCF means the effort unit conversion factor, for the primary boat identified in the eligible person’s M1 or M2 licence, stated in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 10 opposite the number of hull units for the boat.\nIf, after applying the formula, the number is not a whole number of effort units, the number of effort units to be issued is taken to be the nearest whole number, rounded up.\n(sch.2A-sec.15-ssec.1) The number of effort units for the Moreton Bay trawl region to be issued to an eligible person is the number worked out using the following formula— where— EU means the number of the effort units to be issued to the eligible person. FD means the eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years worked out under section 13 . ED means the number of extra fishing days for the Moreton Bay trawl region allocated to the eligible person under section 14 . EUCF means the effort unit conversion factor, for the primary boat identified in the eligible person’s M1 or M2 licence, stated in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 10 opposite the number of hull units for the boat.\n(sch.2A-sec.15-ssec.2) If, after applying the formula, the number is not a whole number of effort units, the number of effort units to be issued is taken to be the nearest whole number, rounded up.","sortOrder":256},{"sectionNumber":"sch.2A-sec.16","sectionType":"section","heading":"Adjustment of effort units to be issued to holder of M1 licence if more than T1 holding","content":"### sch.2A-sec.16 Adjustment of effort units to be issued to holder of M1 licence if more than T1 holding\n\nThis section applies if, under sections 13 to 15 , the number of effort units for the Moreton Bay trawl region to be issued to an eligible person who holds an M1 licence would be higher than the number (the capped number ) of T1 effort units held by the eligible person for the licence before the conversion of the effort units under part 1 .\nThe number of effort units for the Moreton Bay trawl region to be issued to the eligible person must be reduced to the capped number.\nsch 2A s 16 amd 2021 SL No. 29 s 22 (3) – (4)\n(sch.2A-sec.16-ssec.1) This section applies if, under sections 13 to 15 , the number of effort units for the Moreton Bay trawl region to be issued to an eligible person who holds an M1 licence would be higher than the number (the capped number ) of T1 effort units held by the eligible person for the licence before the conversion of the effort units under part 1 .\n(sch.2A-sec.16-ssec.2) The number of effort units for the Moreton Bay trawl region to be issued to the eligible person must be reduced to the capped number.","sortOrder":257},{"sectionNumber":"sch.2A-pt.2-div.3","sectionType":"division","heading":"Effort unit certificate","content":"## Effort unit certificate","sortOrder":258},{"sectionNumber":"sch.2A-sec.17","sectionType":"section","heading":"Effort unit certificate","content":"### sch.2A-sec.17 Effort unit certificate\n\nThe chief executive must issue a certificate (an effort unit certificate ) to each person who holds effort units for the Moreton Bay trawl region issued under this part.\nThe effort unit certificate must state the following—\nthe holder’s name;\nthat the units are issued for taking fish in the Moreton Bay trawl region;\nhow many effort units for the Moreton Bay trawl region the holder has;\nif the chief executive has imposed conditions on the effort units under section 61 of the Act —the conditions.\nHowever, if the person also holds T1 effort units or T2 effort units converted under part 1 , the chief executive must include the details about effort units for the Moreton Bay trawl region issued under this part in the replacement certificate given under section 7 (c) .\n(sch.2A-sec.17-ssec.1) The chief executive must issue a certificate (an effort unit certificate ) to each person who holds effort units for the Moreton Bay trawl region issued under this part.\n(sch.2A-sec.17-ssec.2) The effort unit certificate must state the following— the holder’s name; that the units are issued for taking fish in the Moreton Bay trawl region; how many effort units for the Moreton Bay trawl region the holder has; if the chief executive has imposed conditions on the effort units under section 61 of the Act —the conditions.\n(sch.2A-sec.17-ssec.3) However, if the person also holds T1 effort units or T2 effort units converted under part 1 , the chief executive must include the details about effort units for the Moreton Bay trawl region issued under this part in the replacement certificate given under section 7 (c) .\n- (a) the holder’s name;\n- (b) that the units are issued for taking fish in the Moreton Bay trawl region;\n- (c) how many effort units for the Moreton Bay trawl region the holder has;\n- (d) if the chief executive has imposed conditions on the effort units under section 61 of the Act —the conditions.","sortOrder":259},{"sectionNumber":"sch.2B-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":260},{"sectionNumber":"sch.2B-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.2B-sec.1 Definitions for schedule\n\nIn this schedule—\neligible licence , for ENL-ITQ units, means a relevant licence for the ENL-ITQ units under which at least 100kg of prescribed ENL-ITQ fish was—\ntaken, in the combined area of all prescribed ENL management regions, in the prescribed years; and\nreported to the chief executive under an information requirement before 1 July 2018.\neligible person , for ENL-ITQ units, means a person who holds an eligible licence for the units on 22 April 2021.\nprescribed year means a calendar year starting on 1 January of 2013, 2014, 2015, 2016 or 2017.\nrelevant licence , for ENL-ITQ units, means a licence that has written on it a fishery symbol stated for the ENL-ITQ units in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 2 .\nSee section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 .\n- (a) taken, in the combined area of all prescribed ENL management regions, in the prescribed years; and\n- (b) reported to the chief executive under an information requirement before 1 July 2018.","sortOrder":261},{"sectionNumber":"sch.2B-sec.2","sectionType":"section","heading":"References to prescribed ENL-ITQ fish and prescribed ENL management region","content":"### sch.2B-sec.2 References to prescribed ENL-ITQ fish and prescribed ENL management region\n\nIn this schedule—\na reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 2 ; and\na reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 2 ; and\na reference to the combined area of all prescribed ENL management regions in relation to an ENL-ITQ unit means the combined area of—\nthe prescribed ENL management region for the ENL-ITQ unit; and\nthe prescribed ENL management region for each other ENL-ITQ unit.\n- (a) a reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 2 ; and\n- (b) a reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 2 ; and\n- (c) a reference to the combined area of all prescribed ENL management regions in relation to an ENL-ITQ unit means the combined area of— (i) the prescribed ENL management region for the ENL-ITQ unit; and (ii) the prescribed ENL management region for each other ENL-ITQ unit.\n- (i) the prescribed ENL management region for the ENL-ITQ unit; and\n- (ii) the prescribed ENL management region for each other ENL-ITQ unit.\n- (i) the prescribed ENL management region for the ENL-ITQ unit; and\n- (ii) the prescribed ENL management region for each other ENL-ITQ unit.","sortOrder":262},{"sectionNumber":"sch.2B-pt.2","sectionType":"part","heading":"Issue of ENL-ITQ units","content":"# Issue of ENL-ITQ units","sortOrder":263},{"sectionNumber":"sch.2B-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":264},{"sectionNumber":"sch.2B-sec.3","sectionType":"section","heading":"Issue of ENL-ITQ units","content":"### sch.2B-sec.3 Issue of ENL-ITQ units\n\nThe chief executive must, on or before 31 August 2021, issue to each eligible person the number of ENL-ITQ units worked out under division 2 for the person.","sortOrder":265},{"sectionNumber":"sch.2B-sec.4","sectionType":"section","heading":"When ENL-ITQ units take effect","content":"### sch.2B-sec.4 When ENL-ITQ units take effect\n\nENL-ITQ units issued under this schedule take effect on 1 September 2021.","sortOrder":266},{"sectionNumber":"sch.2B-pt.2-div.2","sectionType":"division","heading":"Deciding number of ENL-ITQ units to be issued","content":"## Deciding number of ENL-ITQ units to be issued","sortOrder":267},{"sectionNumber":"sch.2B-sec.5","sectionType":"section","heading":"Process for deciding number of ENL-ITQ units to be issued","content":"### sch.2B-sec.5 Process for deciding number of ENL-ITQ units to be issued\n\nThe chief executive must decide the number of ENL-ITQ units to be issued to an eligible person as follows—\nthe chief executive must decide, under section 6 , the eligible person’s eligible reported catch for the units;\nthe chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6 , as provided under sections 7 to 9 ;\nthe chief executive must decide the total reported catch for the units under section 10 ;\nthe chief executive must apply the formula and process in section 11 to decide the number of ENL-ITQ units to be issued to the eligible person.\n- (a) the chief executive must decide, under section 6 , the eligible person’s eligible reported catch for the units;\n- (b) the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6 , as provided under sections 7 to 9 ;\n- (c) the chief executive must decide the total reported catch for the units under section 10 ;\n- (d) the chief executive must apply the formula and process in section 11 to decide the number of ENL-ITQ units to be issued to the eligible person.","sortOrder":268},{"sectionNumber":"sch.2B-sec.6","sectionType":"section","heading":"Deciding eligible person’s eligible reported catch","content":"### sch.2B-sec.6 Deciding eligible person’s eligible reported catch\n\nAn eligible person’s reported catch for ENL-ITQ units for a prescribed year is the amount of the prescribed ENL-ITQ fish—\ntaken in the prescribed ENL management region in the year under the eligible licence held by the person; and\nreported to the chief executive under an information requirement before 1 July 2018.\nThe chief executive must decide an eligible person’s eligible reported catch for ENL-ITQ units by adding up the person’s reported catch for the units for the 4 prescribed years with the highest reported catch for the units.\n(sch.2B-sec.6-ssec.1) An eligible person’s reported catch for ENL-ITQ units for a prescribed year is the amount of the prescribed ENL-ITQ fish— taken in the prescribed ENL management region in the year under the eligible licence held by the person; and reported to the chief executive under an information requirement before 1 July 2018.\n(sch.2B-sec.6-ssec.2) The chief executive must decide an eligible person’s eligible reported catch for ENL-ITQ units by adding up the person’s reported catch for the units for the 4 prescribed years with the highest reported catch for the units.\n- (a) taken in the prescribed ENL management region in the year under the eligible licence held by the person; and\n- (b) reported to the chief executive under an information requirement before 1 July 2018.","sortOrder":269},{"sectionNumber":"sch.2B-sec.7","sectionType":"section","heading":"Chief executive notice of eligible person’s eligible reported catch","content":"### sch.2B-sec.7 Chief executive notice of eligible person’s eligible reported catch\n\nAfter deciding an eligible person’s eligible reported catch for ENL-ITQ units under section 6 , the chief executive must give the person a written notice stating—\nthe details of the person’s reported catch for the units for each prescribed year; and\nthe person’s eligible reported catch for the units decided by the chief executive under section 6 (2) ; and\nthat the person may, within 60 days after the notice is given to the person—\napply for an amendment of the chief executive’s decision under section 6 (2) as provided in section 8 ; or\napply for the substitution of the chief executive’s decision under section 6 (2) as provided in section 9 .\nThe chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6 (2) .\n(sch.2B-sec.7-ssec.1) After deciding an eligible person’s eligible reported catch for ENL-ITQ units under section 6 , the chief executive must give the person a written notice stating— the details of the person’s reported catch for the units for each prescribed year; and the person’s eligible reported catch for the units decided by the chief executive under section 6 (2) ; and that the person may, within 60 days after the notice is given to the person— apply for an amendment of the chief executive’s decision under section 6 (2) as provided in section 8 ; or apply for the substitution of the chief executive’s decision under section 6 (2) as provided in section 9 .\n(sch.2B-sec.7-ssec.2) The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6 (2) .\n- (a) the details of the person’s reported catch for the units for each prescribed year; and\n- (b) the person’s eligible reported catch for the units decided by the chief executive under section 6 (2) ; and\n- (c) that the person may, within 60 days after the notice is given to the person— (i) apply for an amendment of the chief executive’s decision under section 6 (2) as provided in section 8 ; or (ii) apply for the substitution of the chief executive’s decision under section 6 (2) as provided in section 9 .\n- (i) apply for an amendment of the chief executive’s decision under section 6 (2) as provided in section 8 ; or\n- (ii) apply for the substitution of the chief executive’s decision under section 6 (2) as provided in section 9 .\n- (i) apply for an amendment of the chief executive’s decision under section 6 (2) as provided in section 8 ; or\n- (ii) apply for the substitution of the chief executive’s decision under section 6 (2) as provided in section 9 .","sortOrder":270},{"sectionNumber":"sch.2B-sec.8","sectionType":"section","heading":"Eligible person may apply for amended eligible reported catch","content":"### sch.2B-sec.8 Eligible person may apply for amended eligible reported catch\n\nThe eligible person may apply to the chief executive to amend the chief executive’s decision under section 6 (2) if the chief executive has made an error in the details mentioned in section 7 (1) (a) .\nThe application must be—\nmade in writing; and\nsupported by evidence of the error.\nIf the eligible person makes an application under subsection (1) , the chief executive must—\namend the chief executive’s decision under section 6 (2) to address the error; or\ndecide not to amend the chief executive’s decision under section 6 (2) .\nThe chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\n(sch.2B-sec.8-ssec.1) The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6 (2) if the chief executive has made an error in the details mentioned in section 7 (1) (a) .\n(sch.2B-sec.8-ssec.2) The application must be— made in writing; and supported by evidence of the error.\n(sch.2B-sec.8-ssec.3) If the eligible person makes an application under subsection (1) , the chief executive must— amend the chief executive’s decision under section 6 (2) to address the error; or decide not to amend the chief executive’s decision under section 6 (2) .\n(sch.2B-sec.8-ssec.4) The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\n- (a) made in writing; and\n- (b) supported by evidence of the error.\n- (a) amend the chief executive’s decision under section 6 (2) to address the error; or\n- (b) decide not to amend the chief executive’s decision under section 6 (2) .","sortOrder":271},{"sectionNumber":"sch.2B-sec.9","sectionType":"section","heading":"Eligible person may apply for substituted eligible reported catch","content":"### sch.2B-sec.9 Eligible person may apply for substituted eligible reported catch\n\nThe eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6 (2) if—\nprescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year ); and\neither of the following applies for each nil history year (each a substitution reason for the nil history year)—\nthe eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ;\nthe eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\nThe application must—\nbe made in writing; and\ninclude details of, and evidence supporting, the substitution reason for each nil history year.\nIf the eligible person applies for a substitution under subsection (1) , the chief executive must—\nsubstitute the chief executive’s decision under section 6 (2) ; or\ndecide not to substitute the chief executive’s decision under section 6 (2) .\nHowever, the chief executive may substitute the chief executive’s decision under section 6 (2) only if the chief executive is satisfied there is a substitution reason for the nil history years.\nThe person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years.\nThe chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\nIn this section—\nprescribed number , of nil history years for an eligible person, means—\nif the eligible person has only 2 nil history years—1; or\nif the eligible person has 3 or 4 nil history years—2.\n(sch.2B-sec.9-ssec.1) The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6 (2) if— prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year ); and either of the following applies for each nil history year (each a substitution reason for the nil history year)— the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ; the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n(sch.2B-sec.9-ssec.2) The application must— be made in writing; and include details of, and evidence supporting, the substitution reason for each nil history year.\n(sch.2B-sec.9-ssec.3) If the eligible person applies for a substitution under subsection (1) , the chief executive must— substitute the chief executive’s decision under section 6 (2) ; or decide not to substitute the chief executive’s decision under section 6 (2) .\n(sch.2B-sec.9-ssec.4) However, the chief executive may substitute the chief executive’s decision under section 6 (2) only if the chief executive is satisfied there is a substitution reason for the nil history years.\n(sch.2B-sec.9-ssec.5) The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years.\n(sch.2B-sec.9-ssec.6) The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\n(sch.2B-sec.9-ssec.7) In this section— prescribed number , of nil history years for an eligible person, means— if the eligible person has only 2 nil history years—1; or if the eligible person has 3 or 4 nil history years—2.\n- (a) prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year ); and\n- (b) either of the following applies for each nil history year (each a substitution reason for the nil history year)— (i) the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ; (ii) the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n- (i) the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ;\n- (ii) the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n- (i) the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ;\n- (ii) the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n- (a) be made in writing; and\n- (b) include details of, and evidence supporting, the substitution reason for each nil history year.\n- (a) substitute the chief executive’s decision under section 6 (2) ; or\n- (b) decide not to substitute the chief executive’s decision under section 6 (2) .\n- (a) if the eligible person has only 2 nil history years—1; or\n- (b) if the eligible person has 3 or 4 nil history years—2.","sortOrder":272},{"sectionNumber":"sch.2B-sec.10","sectionType":"section","heading":"Deciding total reported catch for ENL-ITQ units","content":"### sch.2B-sec.10 Deciding total reported catch for ENL-ITQ units\n\nThe total reported catch for ENL-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 21 July 2021.\nsch 2B s 10 amd 2021 SL No. 29 s 23","sortOrder":273},{"sectionNumber":"sch.2B-sec.11","sectionType":"section","heading":"Deciding number of units to be issued","content":"### sch.2B-sec.11 Deciding number of units to be issued\n\nThe number of ENL-ITQ units to be issued to an eligible person is the number worked out using the following formula—\nwhere—\nENL-ITQ means the number of ENL-ITQ units to be issued to the eligible person.\nEC means the eligible person’s eligible reported catch for the ENL-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9 .\nN means the following number—\nfor BM1-ITQ units—5,580;\nfor BM2-ITQ units—35,038;\nfor BM3-ITQ units—127,962;\nfor BM4-ITQ units—54,275;\nfor BM5-ITQ units—20,744;\nfor GM1-ITQ units—1,091;\nfor GM2-ITQ units—26,805;\nfor GM3-ITQ units—67,133;\nfor GM4-ITQ units—13,625;\nfor GM5-ITQ units—20,347;\nfor KT1-ITQ units—2,167;\nfor KT2-ITQ units—13,619;\nfor KT3-ITQ units—11,231;\nfor KT4-ITQ units—23,600;\nfor KT5-ITQ units—21,383;\nfor SM5-ITQ units—69,100;\nfor WT5-ITQ units—162,000.\nTC means the total reported catch for the ENL-ITQ units worked out under section 10 .\nIf, after applying the formula, the number is not a whole number of ENL-ITQ units, the number of ENL-ITQ units to be issued is taken to be the nearest whole number, rounded up.\n(sch.2B-sec.11-ssec.1) The number of ENL-ITQ units to be issued to an eligible person is the number worked out using the following formula— where— ENL-ITQ means the number of ENL-ITQ units to be issued to the eligible person. EC means the eligible person’s eligible reported catch for the ENL-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9 . N means the following number— for BM1-ITQ units—5,580; for BM2-ITQ units—35,038; for BM3-ITQ units—127,962; for BM4-ITQ units—54,275; for BM5-ITQ units—20,744; for GM1-ITQ units—1,091; for GM2-ITQ units—26,805; for GM3-ITQ units—67,133; for GM4-ITQ units—13,625; for GM5-ITQ units—20,347; for KT1-ITQ units—2,167; for KT2-ITQ units—13,619; for KT3-ITQ units—11,231; for KT4-ITQ units—23,600; for KT5-ITQ units—21,383; for SM5-ITQ units—69,100; for WT5-ITQ units—162,000. TC means the total reported catch for the ENL-ITQ units worked out under section 10 .\n(sch.2B-sec.11-ssec.2) If, after applying the formula, the number is not a whole number of ENL-ITQ units, the number of ENL-ITQ units to be issued is taken to be the nearest whole number, rounded up.\n- (a) for BM1-ITQ units—5,580;\n- (b) for BM2-ITQ units—35,038;\n- (c) for BM3-ITQ units—127,962;\n- (d) for BM4-ITQ units—54,275;\n- (e) for BM5-ITQ units—20,744;\n- (f) for GM1-ITQ units—1,091;\n- (g) for GM2-ITQ units—26,805;\n- (h) for GM3-ITQ units—67,133;\n- (i) for GM4-ITQ units—13,625;\n- (j) for GM5-ITQ units—20,347;\n- (k) for KT1-ITQ units—2,167;\n- (l) for KT2-ITQ units—13,619;\n- (m) for KT3-ITQ units—11,231;\n- (n) for KT4-ITQ units—23,600;\n- (o) for KT5-ITQ units—21,383;\n- (p) for SM5-ITQ units—69,100;\n- (q) for WT5-ITQ units—162,000.","sortOrder":274},{"sectionNumber":"sch.2B-pt.2-div.3","sectionType":"division","heading":"ENL-ITQ unit certificate","content":"## ENL-ITQ unit certificate","sortOrder":275},{"sectionNumber":"sch.2B-sec.12","sectionType":"section","heading":"ENL-ITQ certificate","content":"### sch.2B-sec.12 ENL-ITQ certificate\n\nThe chief executive must issue a certificate (an ENL-ITQ certificate ) to each person who holds ENL-ITQ units.\nThe ENL-ITQ certificate must state the following—\nthe holder’s name;\nfor each type of ENL-ITQ units, that the units are issued for the taking of prescribed ENL-ITQ fish in the prescribed ENL management region;\nhow many ENL-ITQ units of each type the holder has;\nif the chief executive has imposed conditions on the ENL-ITQ units under section 61 of the Act —the conditions.\n(sch.2B-sec.12-ssec.1) The chief executive must issue a certificate (an ENL-ITQ certificate ) to each person who holds ENL-ITQ units.\n(sch.2B-sec.12-ssec.2) The ENL-ITQ certificate must state the following— the holder’s name; for each type of ENL-ITQ units, that the units are issued for the taking of prescribed ENL-ITQ fish in the prescribed ENL management region; how many ENL-ITQ units of each type the holder has; if the chief executive has imposed conditions on the ENL-ITQ units under section 61 of the Act —the conditions.\n- (a) the holder’s name;\n- (b) for each type of ENL-ITQ units, that the units are issued for the taking of prescribed ENL-ITQ fish in the prescribed ENL management region;\n- (c) how many ENL-ITQ units of each type the holder has;\n- (d) if the chief executive has imposed conditions on the ENL-ITQ units under section 61 of the Act —the conditions.","sortOrder":276},{"sectionNumber":"sch.2C-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":277},{"sectionNumber":"sch.2C-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.2C-sec.1 Definitions for schedule\n\nIn this schedule—\neligible licence means a C1 licence.\neligible person means a person who holds an eligible licence on 22 April 2021.\nprescribed year means a financial year starting on 1 July of 2010, 2011, 2012, 2013, 2014, 2015 or 2016.","sortOrder":278},{"sectionNumber":"sch.2C-sec.2","sectionType":"section","heading":"References to prescribed crab and prescribed crab management region","content":"### sch.2C-sec.2 References to prescribed crab and prescribed crab management region\n\nIn this schedule—\na reference to prescribed crab in relation to a C1- ITQ unit is a reference to the crab stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 3 ; and\na reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 3 .\nSee section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 .\n- (a) a reference to prescribed crab in relation to a C1- ITQ unit is a reference to the crab stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 3 ; and\n- (b) a reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 9 , part 3 .","sortOrder":279},{"sectionNumber":"sch.2C-pt.2","sectionType":"part","heading":"Issue of C1-ITQ units","content":"# Issue of C1-ITQ units","sortOrder":280},{"sectionNumber":"sch.2C-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":281},{"sectionNumber":"sch.2C-sec.3","sectionType":"section","heading":"Issue of C1-ITQ units","content":"### sch.2C-sec.3 Issue of C1-ITQ units\n\nThe chief executive must, on or before 31 August 2021, issue to each eligible person the number of C1-ITQ units worked out under division 2 for the person.","sortOrder":282},{"sectionNumber":"sch.2C-sec.4","sectionType":"section","heading":"When C1-ITQ units take effect","content":"### sch.2C-sec.4 When C1-ITQ units take effect\n\nC1-ITQ units issued under this schedule take effect on 1 September 2021.","sortOrder":283},{"sectionNumber":"sch.2C-pt.2-div.2","sectionType":"division","heading":"Deciding number of C1-ITQ units to be issued","content":"## Deciding number of C1-ITQ units to be issued","sortOrder":284},{"sectionNumber":"sch.2C-sec.5","sectionType":"section","heading":"Process for deciding number of C1-ITQ units to be issued","content":"### sch.2C-sec.5 Process for deciding number of C1-ITQ units to be issued\n\nThe chief executive must decide the number of C1-ITQ units to be issued to an eligible person as follows—\nthe chief executive must decide, under section 6 , the eligible person’s eligible reported catch for the units;\nthe chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6 , as provided under sections 7 to 9 ;\nthe chief executive must work out the total reported catch for the units under section 10 ;\nthe chief executive must apply the formula and process in section 11 to decide the number of C1-ITQ units to be issued to the eligible person.\n- (a) the chief executive must decide, under section 6 , the eligible person’s eligible reported catch for the units;\n- (b) the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6 , as provided under sections 7 to 9 ;\n- (c) the chief executive must work out the total reported catch for the units under section 10 ;\n- (d) the chief executive must apply the formula and process in section 11 to decide the number of C1-ITQ units to be issued to the eligible person.","sortOrder":285},{"sectionNumber":"sch.2C-sec.6","sectionType":"section","heading":"Deciding eligible person’s eligible reported catch","content":"### sch.2C-sec.6 Deciding eligible person’s eligible reported catch\n\nAn eligible person’s reported catch for C1-ITQ units for a prescribed year is the amount of prescribed crab—\ntaken in the prescribed crab region in the year under the eligible licence held by the person; and\nreported to the chief executive under an information requirement before 31 December 2017.\nHowever, the maximum amount of mud crabs that may constitute the person’s reported catch for C1-ITQ units for a prescribed year is—\nif the person held an eligible licence on which 2 or more ‘C1’ fishery symbols were written for any part of the year, and holds an eligible licence on which 2 or more ‘C1’ fishery symbols are written on 22 April 2021—12t; or\notherwise—6t.\nThe chief executive must decide an eligible person’s eligible reported catch for C1-ITQ units by adding up the person’s reported catch for the units for the 6 prescribed years with the highest reported catch for the units.\n(sch.2C-sec.6-ssec.1) An eligible person’s reported catch for C1-ITQ units for a prescribed year is the amount of prescribed crab— taken in the prescribed crab region in the year under the eligible licence held by the person; and reported to the chief executive under an information requirement before 31 December 2017.\n(sch.2C-sec.6-ssec.2) However, the maximum amount of mud crabs that may constitute the person’s reported catch for C1-ITQ units for a prescribed year is— if the person held an eligible licence on which 2 or more ‘C1’ fishery symbols were written for any part of the year, and holds an eligible licence on which 2 or more ‘C1’ fishery symbols are written on 22 April 2021—12t; or otherwise—6t.\n(sch.2C-sec.6-ssec.3) The chief executive must decide an eligible person’s eligible reported catch for C1-ITQ units by adding up the person’s reported catch for the units for the 6 prescribed years with the highest reported catch for the units.\n- (a) taken in the prescribed crab region in the year under the eligible licence held by the person; and\n- (b) reported to the chief executive under an information requirement before 31 December 2017.\n- (a) if the person held an eligible licence on which 2 or more ‘C1’ fishery symbols were written for any part of the year, and holds an eligible licence on which 2 or more ‘C1’ fishery symbols are written on 22 April 2021—12t; or\n- (b) otherwise—6t.","sortOrder":286},{"sectionNumber":"sch.2C-sec.7","sectionType":"section","heading":"Chief executive notice of eligible person’s eligible reported catch","content":"### sch.2C-sec.7 Chief executive notice of eligible person’s eligible reported catch\n\nAfter deciding an eligible person’s eligible reported catch for C1-ITQ units under section 6 , the chief executive must give the person a written notice stating—\nthe details of the person’s reported catch for the units for each prescribed year; and\nthe person’s eligible reported catch for the units decided by the chief executive under section 6 (3) ; and\nthat the person may, within 60 days after the notice is given to the person—\napply for an amendment of the chief executive’s decision under section 6 (3) as provided in section 8 ; or\napply for a substitution of the chief executive’s decision under section 6 (3) as provided in section 9 .\nThe chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6 (3) .\n(sch.2C-sec.7-ssec.1) After deciding an eligible person’s eligible reported catch for C1-ITQ units under section 6 , the chief executive must give the person a written notice stating— the details of the person’s reported catch for the units for each prescribed year; and the person’s eligible reported catch for the units decided by the chief executive under section 6 (3) ; and that the person may, within 60 days after the notice is given to the person— apply for an amendment of the chief executive’s decision under section 6 (3) as provided in section 8 ; or apply for a substitution of the chief executive’s decision under section 6 (3) as provided in section 9 .\n(sch.2C-sec.7-ssec.2) The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6 (3) .\n- (a) the details of the person’s reported catch for the units for each prescribed year; and\n- (b) the person’s eligible reported catch for the units decided by the chief executive under section 6 (3) ; and\n- (c) that the person may, within 60 days after the notice is given to the person— (i) apply for an amendment of the chief executive’s decision under section 6 (3) as provided in section 8 ; or (ii) apply for a substitution of the chief executive’s decision under section 6 (3) as provided in section 9 .\n- (i) apply for an amendment of the chief executive’s decision under section 6 (3) as provided in section 8 ; or\n- (ii) apply for a substitution of the chief executive’s decision under section 6 (3) as provided in section 9 .\n- (i) apply for an amendment of the chief executive’s decision under section 6 (3) as provided in section 8 ; or\n- (ii) apply for a substitution of the chief executive’s decision under section 6 (3) as provided in section 9 .","sortOrder":287},{"sectionNumber":"sch.2C-sec.8","sectionType":"section","heading":"Eligible person may apply for amended eligible reported catch","content":"### sch.2C-sec.8 Eligible person may apply for amended eligible reported catch\n\nThe eligible person may apply to the chief executive to amend the chief executive’s decision under section 6 (3) if the chief executive has made an error in the details mentioned in section 7 (1) (a) .\nThe application must be—\nmade in writing; and\nsupported by evidence of the error.\nIf the eligible person makes an application under subsection (1) , the chief executive must—\namend the chief executive’s decision under section 6 (3) to address the error; or\ndecide not to amend the chief executive’s decision under section 6 (3) .\nThe chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\n(sch.2C-sec.8-ssec.1) The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6 (3) if the chief executive has made an error in the details mentioned in section 7 (1) (a) .\n(sch.2C-sec.8-ssec.2) The application must be— made in writing; and supported by evidence of the error.\n(sch.2C-sec.8-ssec.3) If the eligible person makes an application under subsection (1) , the chief executive must— amend the chief executive’s decision under section 6 (3) to address the error; or decide not to amend the chief executive’s decision under section 6 (3) .\n(sch.2C-sec.8-ssec.4) The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\n- (a) made in writing; and\n- (b) supported by evidence of the error.\n- (a) amend the chief executive’s decision under section 6 (3) to address the error; or\n- (b) decide not to amend the chief executive’s decision under section 6 (3) .","sortOrder":288},{"sectionNumber":"sch.2C-sec.9","sectionType":"section","heading":"Eligible person may apply for substituted eligible reported catch","content":"### sch.2C-sec.9 Eligible person may apply for substituted eligible reported catch\n\nThe eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6 (3) if—\nprescribed crab was not taken in the prescribed crab management region under the eligible licence in 3, 4, 5 or 6 prescribed years (each a nil history year ); and\neither of the following applies for each nil history year (each a substitution reason for the nil history year)—\nthe eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ;\nthe eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\nThe application must—\nbe made in writing; and\ninclude details of, and evidence supporting, the substitution reason for each nil history year.\nIf the eligible person applies for a substitution under subsection (1) , the chief executive must—\nsubstitute the chief executive’s decision under section 6 (3) ; or\ndecide not to substitute the chief executive’s decision under section 6 (3) .\nHowever, the chief executive may substitute the chief executive’s decision under section 6 (3) only if the chief executive is satisfied there is a substitution reason for the nil history years.\nThe person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the C1-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the C1-ITQ units for each of the prescribed years that were not nil history years.\nThe chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\nIn this section—\nprescribed number , of nil history years for an eligible person, means—\nif the eligible person has only 3 nil history years—1; or\nif the eligible person has 4, 5 or 6 nil history years—2.\n(sch.2C-sec.9-ssec.1) The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6 (3) if— prescribed crab was not taken in the prescribed crab management region under the eligible licence in 3, 4, 5 or 6 prescribed years (each a nil history year ); and either of the following applies for each nil history year (each a substitution reason for the nil history year)— the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ; the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n(sch.2C-sec.9-ssec.2) The application must— be made in writing; and include details of, and evidence supporting, the substitution reason for each nil history year.\n(sch.2C-sec.9-ssec.3) If the eligible person applies for a substitution under subsection (1) , the chief executive must— substitute the chief executive’s decision under section 6 (3) ; or decide not to substitute the chief executive’s decision under section 6 (3) .\n(sch.2C-sec.9-ssec.4) However, the chief executive may substitute the chief executive’s decision under section 6 (3) only if the chief executive is satisfied there is a substitution reason for the nil history years.\n(sch.2C-sec.9-ssec.5) The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the C1-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the C1-ITQ units for each of the prescribed years that were not nil history years.\n(sch.2C-sec.9-ssec.6) The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3) .\n(sch.2C-sec.9-ssec.7) In this section— prescribed number , of nil history years for an eligible person, means— if the eligible person has only 3 nil history years—1; or if the eligible person has 4, 5 or 6 nil history years—2.\n- (a) prescribed crab was not taken in the prescribed crab management region under the eligible licence in 3, 4, 5 or 6 prescribed years (each a nil history year ); and\n- (b) either of the following applies for each nil history year (each a substitution reason for the nil history year)— (i) the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ; (ii) the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n- (i) the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ;\n- (ii) the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n- (i) the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014 ;\n- (ii) the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.\n- (a) be made in writing; and\n- (b) include details of, and evidence supporting, the substitution reason for each nil history year.\n- (a) substitute the chief executive’s decision under section 6 (3) ; or\n- (b) decide not to substitute the chief executive’s decision under section 6 (3) .\n- (a) if the eligible person has only 3 nil history years—1; or\n- (b) if the eligible person has 4, 5 or 6 nil history years—2.","sortOrder":289},{"sectionNumber":"sch.2C-sec.10","sectionType":"section","heading":"Deciding total reported catch for C1-ITQ units","content":"### sch.2C-sec.10 Deciding total reported catch for C1-ITQ units\n\nThe total reported catch for C1-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 21 July 2021.\nsch 2C s 10 amd 2021 SL No. 29 s 24","sortOrder":290},{"sectionNumber":"sch.2C-sec.11","sectionType":"section","heading":"Deciding number of units to be issued","content":"### sch.2C-sec.11 Deciding number of units to be issued\n\nThe number of C1-ITQ units to be issued to an eligible person is the number worked out using the following formula—\nwhere—\nC1-ITQ means the number of C1-ITQ units to be issued to the eligible person.\nEC means the eligible person’s eligible reported catch for the C1-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9 .\nN means—\nfor BC1-ITQ units—6,750; or\nfor EC1-ITQ units—29,600; or\nfor GC1-ITQ units—2,440.\nTC means the total reported catch for the C1-ITQ units worked out under section 10 .\nIf, after applying the formula, the number is not a whole number of C1-ITQ units, the number of C1-ITQ units to be issued is taken to be the nearest whole number, rounded up.\n(sch.2C-sec.11-ssec.1) The number of C1-ITQ units to be issued to an eligible person is the number worked out using the following formula— where— C1-ITQ means the number of C1-ITQ units to be issued to the eligible person. EC means the eligible person’s eligible reported catch for the C1-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9 . N means— for BC1-ITQ units—6,750; or for EC1-ITQ units—29,600; or for GC1-ITQ units—2,440. TC means the total reported catch for the C1-ITQ units worked out under section 10 .\n(sch.2C-sec.11-ssec.2) If, after applying the formula, the number is not a whole number of C1-ITQ units, the number of C1-ITQ units to be issued is taken to be the nearest whole number, rounded up.\n- (a) for BC1-ITQ units—6,750; or\n- (b) for EC1-ITQ units—29,600; or\n- (c) for GC1-ITQ units—2,440.","sortOrder":291},{"sectionNumber":"sch.2C-pt.2-div.3","sectionType":"division","heading":"C1-ITQ unit certificate","content":"## C1-ITQ unit certificate","sortOrder":292},{"sectionNumber":"sch.2C-sec.12","sectionType":"section","heading":"C1-ITQ certificate","content":"### sch.2C-sec.12 C1-ITQ certificate\n\nThe chief executive must issue a certificate (a C1-ITQ certificate ) to each person who holds C1-ITQ units.\nThe C1-ITQ certificate must state the following—\nthe holder’s name;\nfor each type of C1-ITQ units, that the units are issued for the taking of prescribed crab in the prescribed crab management region;\nhow many C1-ITQ units of each type the holder has;\nif the chief executive has imposed conditions on the C1-ITQ units under section 61 of the Act —the conditions.\n(sch.2C-sec.12-ssec.1) The chief executive must issue a certificate (a C1-ITQ certificate ) to each person who holds C1-ITQ units.\n(sch.2C-sec.12-ssec.2) The C1-ITQ certificate must state the following— the holder’s name; for each type of C1-ITQ units, that the units are issued for the taking of prescribed crab in the prescribed crab management region; how many C1-ITQ units of each type the holder has; if the chief executive has imposed conditions on the C1-ITQ units under section 61 of the Act —the conditions.\n- (a) the holder’s name;\n- (b) for each type of C1-ITQ units, that the units are issued for the taking of prescribed crab in the prescribed crab management region;\n- (c) how many C1-ITQ units of each type the holder has;\n- (d) if the chief executive has imposed conditions on the C1-ITQ units under section 61 of the Act —the conditions.","sortOrder":293},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Prescribed quantities for priority fish","content":"# Prescribed quantities for priority fish","sortOrder":294},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Waters in which non-indigenous fisheries resources may be released","content":"# Waters in which non-indigenous fisheries resources may be released","sortOrder":295},{"sectionNumber":"sch.5-pt","sectionType":"part","heading":null,"content":"","sortOrder":296},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Fees for licences","content":"# Fees for licences","sortOrder":297},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Fees for fishery symbols or quota authorities","content":"# Fees for fishery symbols or quota authorities","sortOrder":298},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Other fees","content":"# Other fees","sortOrder":299},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Scientific names for fish","content":"# Scientific names for fish","sortOrder":300},{"sectionNumber":"sch.7-sec.1","sectionType":"section","heading":"Definitions for part","content":"### sch.7-sec.1 Definitions for part\n\nIn this part—\nalternative , in relation to a scientific name for a species of fish, includes a variation of the name.\nprescribed reference document see section 3 (1) (a) .\nspecies includes another taxonomic grouping.","sortOrder":301},{"sectionNumber":"sch.7-sec.2","sectionType":"section","heading":"Scientific names generally","content":"### sch.7-sec.2 Scientific names generally\n\nThe scientific name for a species of fish mentioned in column 1 of a table in this schedule is the scientific name stated opposite the species of fish in column 2.","sortOrder":302},{"sectionNumber":"sch.7-sec.3","sectionType":"section","heading":"Relevant reference documents","content":"### sch.7-sec.3 Relevant reference documents\n\nThe scientific name for a species of fish mentioned in a provision follows—\ngenerally—the scientific name for the species stated in a document mentioned in part 7 (a prescribed reference document ); or\nif scientific names for the species, including alternative scientific names, are stated in more than 1 prescribed reference document—the scientific name for the species stated in the prescribed reference document with the lowest item number.\n- (a) generally—the scientific name for the species stated in a document mentioned in part 7 (a prescribed reference document ); or\n- (b) if scientific names for the species, including alternative scientific names, are stated in more than 1 prescribed reference document—the scientific name for the species stated in the prescribed reference document with the lowest item number.","sortOrder":303},{"sectionNumber":"sch.7-sec.4","sectionType":"section","heading":"Different scientific name in prescribed reference document","content":"### sch.7-sec.4 Different scientific name in prescribed reference document\n\nThis section applies if—\na provision (the relevant provision ) refers to a scientific name for a species of fish; and\neither of the following applies—\nthe scientific name for the species of fish stated in a prescribed reference document is amended;\nthe scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and\nbecause of the matter mentioned in paragraph (b) , section 3 cannot be applied to the reference to the scientific name for the species of fish in the relevant provision.\nThe reference to the scientific name for the species of fish in the relevant provision may, if the context permits, be taken to be a reference to—\nif subsection (1) (b) (i) applies—the scientific name for the species of fish as stated in the prescribed reference document after the amendment; or\nif subsection (1) (b) (ii) applies—the alternative scientific name for the species of fish stated in the prescribed reference document.\n(sch.7-sec.4-ssec.1) This section applies if— a provision (the relevant provision ) refers to a scientific name for a species of fish; and either of the following applies— the scientific name for the species of fish stated in a prescribed reference document is amended; the scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and because of the matter mentioned in paragraph (b) , section 3 cannot be applied to the reference to the scientific name for the species of fish in the relevant provision.\n(sch.7-sec.4-ssec.2) The reference to the scientific name for the species of fish in the relevant provision may, if the context permits, be taken to be a reference to— if subsection (1) (b) (i) applies—the scientific name for the species of fish as stated in the prescribed reference document after the amendment; or if subsection (1) (b) (ii) applies—the alternative scientific name for the species of fish stated in the prescribed reference document.\n- (a) a provision (the relevant provision ) refers to a scientific name for a species of fish; and\n- (b) either of the following applies— (i) the scientific name for the species of fish stated in a prescribed reference document is amended; (ii) the scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and\n- (i) the scientific name for the species of fish stated in a prescribed reference document is amended;\n- (ii) the scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and\n- (c) because of the matter mentioned in paragraph (b) , section 3 cannot be applied to the reference to the scientific name for the species of fish in the relevant provision.\n- (i) the scientific name for the species of fish stated in a prescribed reference document is amended;\n- (ii) the scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and\n- (a) if subsection (1) (b) (i) applies—the scientific name for the species of fish as stated in the prescribed reference document after the amendment; or\n- (b) if subsection (1) (b) (ii) applies—the alternative scientific name for the species of fish stated in the prescribed reference document.","sortOrder":304},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Regulated coral reef fin fish","content":"# Regulated coral reef fin fish","sortOrder":305},{"sectionNumber":"sch.7-sec.1-oc.2","sectionType":"section","heading":"Reference to group of regulated coral reef fin fish includes other taxonomic grouping","content":"### sch.7-sec.1-oc.2 Reference to group of regulated coral reef fin fish includes other taxonomic grouping\n\nA reference to a group of species of fish identified in a table in this part is a reference to a group consisting of each species of fish expressly mentioned in the table and each other taxonomic grouping of the fish.\nTable 1—Particular cod and grouper\nColumn 1\nColumn 2\nCommon name\nScientific name\nbarramundi cod\nCromileptes altivelis\nbar rockcod\nEpinephelus ergastularius and Epinephelus septemfasciatus\nbass groper\nPolyprion americanus\nbirdwire rockcod\nEpinephelus merra\nblacksaddle rockcod\nEpinephelus howlandi\nblacktip rockcod\nEpinephelus fasciatus\nbluelined rockcod\nCephalopholis formosa\nbluespotted rockcod\nCephalopholis cyanostigma\nbrownbarred rockcod\nCephalopholis boenak\ncamouflage grouper\nEpinephelus polyphekadion\nChinaman rockcod\nEpinephelus rivulatus\ncomet grouper\nEpinephelus morrhua\ncoral grouper\nEpinephelus corallicola\ncoral rockcod\nCephalopholis miniata\ndot-head rockcod\nCephalopholis microprion\neightbar grouper\nEpinephelus octofasciatus\nflagtail rockcod\nCephalopholis urodeta\nflowery rockcod\nEpinephelus fuscoguttatus\nfoursaddle grouper\nEpinephelus spilotoceps\ngreasy rockcod\nEpinephelus tauvina\nhapuku\nPolyprion oxygeneios\nhighfin grouper\nEpinephelus maculatus\nleopard rockcod\nCephalopholis leopardus\nlongfin rockcod\nEpinephelus quoyanus\nMaori rockcod\nEpinephelus undulatostriatus\npeacock rockcod\nCephalopholis argus\npotato rockcod\nEpinephelus tukula\npurple rockcod\nEpinephelus cyanopodus\nQueensland groper\nEpinephelus lanceolatus\nradiant rockcod\nEpinephelus radiatus\nredmouth rockcod\nAethaloperca rogaa\nsixband rockcod\nCephalopholis sexmaculata\nsixbar grouper\nEpinephelus sexfasciatus\nsnubnose grouper\nEpinephelus macrospilos\nspeckled grouper\nEpinephelus magniscuttis\nspecklefin grouper\nEpinephelus ongus\nstrawberry rockcod\nCephalopholis spiloparaea\nthinspine grouper\nGracila albomarginata\ntomato rockcod\nCephalopholis sonnerati\nwhitelined rockcod\nAnyperodon leucogrammicus\nwhitespotted grouper\nEpinephelus coeruleopunctatus\nwirenet rockcod\nEpinephelus hexagonatus\nyellowspotted rockcod\nEpinephelus areolatus\nTable 2—Particular coral trout\nColumn 1\nColumn 2\nCommon name\nScientific name\nbarcheek coral trout\nPlectropomus maculatus\nbluespotted coral trout\nPlectropomus laevis\ncommon coral trout\nPlectropomus leopardus\ncoral trout\nPlectropomus spp. and Variola spp.\npassionfruit coral trout\nPlectropomus areolatus\nvermicular cod\nPlectropomus oligacanthus\nwhite-edge coronation trout\nVariola albimarginata\nyellowedge coronation trout\nVariola louti\nTable 3—Particular emperor\nColumn 1\nColumn 2\nCommon name\nScientific name\nbigeye seabream\nMonotaxis grandoculis\ncollar seabream\nGymnocranius audleyi\ngoldspot seabream\nGnathodentex aureolineatus\nlongnose emperor\nLethrinus olivaceus\nmiscellaneous emperor, other than grass emperor\nLethrinus spp., other than Lethrinus laticaudis\nMozambique seabream\nWattsia mossambica\norangespotted emperor\nLethrinus erythracanthus\norangestriped emperor\nLethrinus obsoletus\nornate emperor\nLethrinus ornatus\npaddletail seabream\nGymnocranius euanus\nspotcheek emperor\nLethrinus rubrioperculatus\nredspot emperor\nLethrinus lentjan\nredthroat emperor\nLethrinus miniatus\nRobinson’s seabream\nGymnocranius grandoculis\nseabream\nGymnocranius spp.\nspangled emperor\nLethrinus nebulosus\nthreadfin emperor\nLethrinus genivittatus\nthumbprint emperor\nLethrinus harak\nvariegated emperor\nLethrinus variegatus\nyellowlip emperor\nLethrinus xanthochilus\nyellowtail emperor\nLethrinus atkinsoni\nTable 4—Fusilier\nColumn 1\nColumn 2\nCommon name\nScientific name\nfusilier\nfamily Caesionidae\nTable 5—Particular parrotfish\nColumn 1\nColumn 2\nCommon name\nScientific name\nbicolour parrotfish\nCetoscarus bicolor\nbumphead parrotfish\nBolbometopon muricatum\nmiscellaneous parrotfish\nfamily Scaridae\nTable 6—Particular surgeonfish\nColumn 1\nColumn 2\nCommon name\nScientific name\nsurgeonfish\nAcanthurus spp. and Ctenochaetus spp.\nunicornfish\nNaso spp. and Prionurus spp.\nTable 7—Particular sweetlip\nColumn 1\nColumn 2\nCommon name\nScientific name\nmiscellaneous sweetlip\nPlectorhinchus spp.\npainted sweetlip\nDiagramma pictum labiosum\nTable 8—Particular tropical snapper and seaperch\nColumn 1\nColumn 2\nCommon name\nScientific name\nbigeye snapper\nLutjanus lutjanus\nblack-and-white snapper\nMacolor niger\nblackspot snapper\nLutjanus fulviflamma\nblacktail snapper\nLutjanus fulvus\nbluestriped snapper\nLutjanus kasmira\nbrownstripe snapper\nLutjanus vitta\nChinamanfish\nSymphorus nematophorus\ncrimson snapper\nLutjanus erythropterus\ndarktail snapper\nLutjanus lemniscatus\nfiveline snapper\nLutjanus quinquelineatus\nflame snapper\nEtelis coruscans\ngoldband snapper\nPristipomoides multidens and Pristipomoides typus\ngreen jobfish\nAprion virescens\nhussar\nLutjanus adetii\nlavender snapper\nPristipomoides sieboldii\nMaori snapper\nLutjanus rivulatus\nmidnight snapper\nMacolor macularis\nmiscellaneous jobfish and snapper, other than mangrove jack and golden snapper\nAphareus spp., Etelis spp., Pristipomoides spp., and Lutjanus spp., other than Lutjanus argentimaculatus and Lutjanus johnii\nMoses snapper\nLutjanus russelli\nonespot snapper\nLutjanus monostigma\npaddletail\nLutjanus gibbus\nred bass\nLutjanus bohar\nred emperor\nLutjanus sebae\nrosy snapper\nPristipomoides filamentosus\nruby snapper\nEtelis carbunculus\nsaddletail snapper\nLutjanus malabaricus\nsailfin snapper\nSymphorichthys spilurus\nsmalltooth jobfish\nAphareus furca\nstripey snapper\nLutjanus carponotatus\nTable 9—Particular wrasse\nColumn 1\nColumn 2\nCommon name\nScientific name\nanchor tuskfish\nChoerodon anchorago\nblackspot tuskfish\nChoerodon schoenleinii\nblue tuskfish\nChoerodon cyanodus\nhumphead Maori wrasse\nCheilinus undulatus\npigfish\nBodianus spp.\npurple tuskfish\nChoerodon cephalotes\nredbreast Maori wrasse\nCheilinus fasciatus\ntripletail Maori wrasse\nCheilinus trilobatus\nVenus tuskfish\nChoerodon venustus","sortOrder":306},{"sectionNumber":"sch.7-pt.3","sectionType":"part","heading":"Particular non-indigenous fish","content":"# Particular non-indigenous fish","sortOrder":307},{"sectionNumber":"sch.7-pt.4","sectionType":"part","heading":"Particular freshwater fish","content":"# Particular freshwater fish","sortOrder":308},{"sectionNumber":"sch.7-pt.5","sectionType":"part","heading":"Particular fish found in the fishery area of the east coast trawl fishery","content":"# Particular fish found in the fishery area of the east coast trawl fishery","sortOrder":309},{"sectionNumber":"sch.7-pt.6","sectionType":"part","heading":"Other particular fish","content":"# Other particular fish","sortOrder":310},{"sectionNumber":"sch.7-pt.7","sectionType":"part","heading":"Reference documents for scientific names","content":"# Reference documents for scientific names","sortOrder":311},{"sectionNumber":"sch.7-pt.8","sectionType":"part","heading":"References to stocks of fish","content":"# References to stocks of fish","sortOrder":312},{"sectionNumber":"sch.7-sec.1-oc.3","sectionType":"section","heading":"References to a stock of fish by location generally","content":"### sch.7-sec.1-oc.3 References to a stock of fish by location generally\n\nA reference to a stock of fish by its geographical location is a reference to the population of the fish that is indigenous to the location.\nA reference to the sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) is a reference to the population of sleepy cod that is indigenous to the Gulf of Carpentaria drainage division and Normanby river basin.","sortOrder":313},{"sectionNumber":"sch.7-sec.2-oc.2","sectionType":"section","heading":"References to stocks of barramundi by particular locations","content":"### sch.7-sec.2-oc.2 References to stocks of barramundi by particular locations\n\nIn this regulation—\nbarramundi (central east coast stock) means barramundi of the population indigenous to the area from the northern boundary of the O’Connell river basin to the southern boundary of the Shoalwater river basin.\nbarramundi (east coast Cape York stock) means barramundi of the population indigenous to the area from the northern boundary of the Jacky Jacky river basin to the eastern boundary of the Normanby river basin.\nbarramundi (mid north-east coast stock) means barramundi of the population indigenous to the area from the northern boundary of the Endeavour river basin to the southern boundary of the Burdekin river basin.\nbarramundi (north-west Cape York stock) means barramundi of the population indigenous to the area from the southern boundary of the Embley river basin to the northern boundary of the Jardine river basin.\nbarramundi (south-east coast stock) means barramundi of the population indigenous to the area from the northern boundary of the Fitzroy river basin to the southern boundary of the Mary river basin.\nbarramundi (south-east Gulf of Carpentaria stock) means barramundi of the population indigenous to the area from the north-western boundary of the Nicholson river basin to the northern boundary of the Watson river basin.","sortOrder":314},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Working out boundaries of waters or areas generally","content":"# Working out boundaries of waters or areas generally","sortOrder":315},{"sectionNumber":"sch.8-sec.1","sectionType":"section","heading":"References to latitudes and longitudes","content":"### sch.8-sec.1 References to latitudes and longitudes\n\nSubject to subsection (2) , the latitudes and longitudes used to describe the boundary of an area are worked out using GDA 94.\nThe latitudes and longitudes used to describe the boundary of an area shown on a fish habitat area plan mentioned in schedule 3 are worked out using the geodetic datum shown on the plan.\n(sch.8-sec.1-ssec.1) Subject to subsection (2) , the latitudes and longitudes used to describe the boundary of an area are worked out using GDA 94.\n(sch.8-sec.1-ssec.2) The latitudes and longitudes used to describe the boundary of an area shown on a fish habitat area plan mentioned in schedule 3 are worked out using the geodetic datum shown on the plan.","sortOrder":316},{"sectionNumber":"sch.8-sec.2","sectionType":"section","heading":"References to boundaries, lines, shores and other points","content":"### sch.8-sec.2 References to boundaries, lines, shores and other points\n\nUnless otherwise provided, the following apply—\na boundary or line along a shore follows high water mark;\na boundary or line along a shore intersected by a waterway crosses the waterway by the shortest line between its banks;\nother boundaries and lines run from point to point in a straight line;\na reference to a shore is a reference to the shore at high water mark;\na reference to a point or to the tip of an island or other geographical feature, is a reference to the point or tip on the shore at high water mark.\n- (a) a boundary or line along a shore follows high water mark;\n- (b) a boundary or line along a shore intersected by a waterway crosses the waterway by the shortest line between its banks;\n- (c) other boundaries and lines run from point to point in a straight line;\n- (d) a reference to a shore is a reference to the shore at high water mark;\n- (e) a reference to a point or to the tip of an island or other geographical feature, is a reference to the point or tip on the shore at high water mark.","sortOrder":317},{"sectionNumber":"sch.8-sec.3","sectionType":"section","heading":"References to waterways","content":"### sch.8-sec.3 References to waterways\n\nUnless otherwise provided, a reference to a waterway is a reference to all of the following—\nthe waterway upstream of the shortest line between its banks at their junction, at low water, with the body of water into which the waterway finally flows;\nthe foreshores of the waterway.\n- (a) the waterway upstream of the shortest line between its banks at their junction, at low water, with the body of water into which the waterway finally flows;\n- (b) the foreshores of the waterway.","sortOrder":318},{"sectionNumber":"sch.8-sec.4","sectionType":"section","heading":"References to banks of waterways","content":"### sch.8-sec.4 References to banks of waterways\n\nUnless otherwise provided, a reference to a bank of a waterway is a reference to the bank at its junction, at high water, with the body of water into which the waterway finally flows.","sortOrder":319},{"sectionNumber":"sch.8-sec.5","sectionType":"section","heading":"References to aids to navigation","content":"### sch.8-sec.5 References to aids to navigation\n\nA reference to a beacon, buoy, lead, light or marine mark is a reference to an aid to navigation (of that kind) under the Transport Operations (Marine Safety) Act 1994 , section 104 .","sortOrder":320},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Meaning of particular terms used to describe waters or areas","content":"# Meaning of particular terms used to describe waters or areas","sortOrder":321},{"sectionNumber":"sch.8-sec.6","sectionType":"section","heading":"Meaning of 7n mile line","content":"### sch.8-sec.6 Meaning of 7n mile line\n\n7n mile line is a line parallel to the territorial sea baseline and 7n miles out to sea.","sortOrder":322},{"sectionNumber":"sch.8-sec.7","sectionType":"section","heading":"Meaning of 25n mile line","content":"### sch.8-sec.7 Meaning of 25n mile line\n\n25n mile line is a line parallel to the territorial sea baseline and 25n miles out to sea.","sortOrder":323},{"sectionNumber":"sch.8-sec.8","sectionType":"section","heading":"Meaning of coastal 500m line","content":"### sch.8-sec.8 Meaning of coastal 500m line\n\nCoastal 500m line , around the mainland or an island, means the line worked out as follows—\nfor any part of the mainland or island where there is a coral reef within 100m of the mainland or island—the line every point of which is 500m seaward from the seaward edge of the reef at low water mark;\nfor any other part of the mainland or island—the line every point of which is 500m seaward from the shore of the mainland or island at low water mark.\n- (a) for any part of the mainland or island where there is a coral reef within 100m of the mainland or island—the line every point of which is 500m seaward from the seaward edge of the reef at low water mark;\n- (b) for any other part of the mainland or island—the line every point of which is 500m seaward from the shore of the mainland or island at low water mark.","sortOrder":324},{"sectionNumber":"sch.8-sec.9","sectionType":"section","heading":"Meaning of dam","content":"### sch.8-sec.9 Meaning of dam\n\nA dam is an artificial structure that is designed and constructed to hold water above the level of the banks of a waterway.","sortOrder":325},{"sectionNumber":"sch.8-sec.10","sectionType":"section","heading":"Meaning of F↑B sign and SF↑B sign","content":"### sch.8-sec.10 Meaning of F↑B sign and SF↑B sign\n\nAn F↑B is a sign with the marking F↑B on it, erected or displayed by the chief executive.\nAn SF↑B is a sign with the marking SF↑B on it, erected or displayed by the chief executive.\n(sch.8-sec.10-ssec.1) An F↑B is a sign with the marking F↑B on it, erected or displayed by the chief executive.\n(sch.8-sec.10-ssec.2) An SF↑B is a sign with the marking SF↑B on it, erected or displayed by the chief executive.","sortOrder":326},{"sectionNumber":"sch.8-sec.11","sectionType":"section","heading":"Meaning of full supply level","content":"### sch.8-sec.11 Meaning of full supply level\n\nFull supply level , for an impoundment, is the level of the water surface when the impoundment is holding as much water as it can hold while not affected by flood.","sortOrder":327},{"sectionNumber":"sch.8-sec.12","sectionType":"section","heading":"Meaning of inlet","content":"### sch.8-sec.12 Meaning of inlet\n\nAn inlet is an inlet that includes the word ‘inlet’ in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.","sortOrder":328},{"sectionNumber":"sch.8-sec.13","sectionType":"section","heading":"Meaning of territorial sea baseline","content":"### sch.8-sec.13 Meaning of territorial sea baseline\n\nThe territorial sea baseline is the baseline adjacent to the coast of the State as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) .","sortOrder":329},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":"References to particular waters or areas","content":"# References to particular waters or areas","sortOrder":330},{"sectionNumber":"sch.8-sec.14","sectionType":"section","heading":"References to river basins by name or reference number","content":"### sch.8-sec.14 References to river basins by name or reference number\n\nA reference to a river basin of a particular name is a reference to the river basin of that name shown on the freshwater basins map.\nHowever, a reference to a river basin does not include tidal waters in the river basin.\nA reference to a reference number for a river basin is a reference to the reference number for the river basin shown on the freshwater basins map.\nIn this section—\nfreshwater basins map means the map of that name held by the chief executive.\nThe freshwater basins map is available for inspection during office hours on business days at the department’s head office.\n(sch.8-sec.14-ssec.1) A reference to a river basin of a particular name is a reference to the river basin of that name shown on the freshwater basins map.\n(sch.8-sec.14-ssec.2) However, a reference to a river basin does not include tidal waters in the river basin.\n(sch.8-sec.14-ssec.3) A reference to a reference number for a river basin is a reference to the reference number for the river basin shown on the freshwater basins map.\n(sch.8-sec.14-ssec.4) In this section— freshwater basins map means the map of that name held by the chief executive. The freshwater basins map is available for inspection during office hours on business days at the department’s head office.","sortOrder":331},{"sectionNumber":"sch.8-sec.15","sectionType":"section","heading":"References to drainage divisions by name","content":"### sch.8-sec.15 References to drainage divisions by name\n\nA reference to a drainage division of a particular name is a reference to the drainage division of that name shown on the freshwater basins map.\nHowever, a reference to a drainage division does not include tidal waters in the drainage division.\nIn this section—\nfreshwater basins map see section 14 (4) .\n(sch.8-sec.15-ssec.1) A reference to a drainage division of a particular name is a reference to the drainage division of that name shown on the freshwater basins map.\n(sch.8-sec.15-ssec.2) However, a reference to a drainage division does not include tidal waters in the drainage division.\n(sch.8-sec.15-ssec.3) In this section— freshwater basins map see section 14 (4) .","sortOrder":332},{"sectionNumber":"sch.8-sec.16","sectionType":"section","heading":"Meaning of nearshore waters","content":"### sch.8-sec.16 Meaning of nearshore waters\n\nNearshore waters are tidal waters that are less than 2m deep at low water, but do not include waters—\nin a river or creek upstream of a line across its banks at low water; or\nin an inlet.\n- (a) in a river or creek upstream of a line across its banks at low water; or\n- (b) in an inlet.","sortOrder":333},{"sectionNumber":"sch.8-sec.17","sectionType":"section","heading":"Meaning of offshore waters","content":"### sch.8-sec.17 Meaning of offshore waters\n\nOffshore waters are tidal waters that are at least 2m deep at low water, but do not include waters—\nin a river or creek upstream of a line across its banks at low water; or\nin an inlet.\n- (a) in a river or creek upstream of a line across its banks at low water; or\n- (b) in an inlet.","sortOrder":334},{"sectionNumber":"sch.8-sec.18","sectionType":"section","heading":"Meaning of prescribed stocked impoundment","content":"### sch.8-sec.18 Meaning of prescribed stocked impoundment\n\nEach of the following impoundments is a prescribed stocked impoundment —\nAplins Weir\nBaroon Pocket Dam\nBeehive Dam\nBen Anderson Barrage\nBen Dor Weir\nBill Gunn Dam (Lake Dyer)\nBjelke-Petersen Dam\nBlack Weir\nBonshaw Weir\nBoondooma Dam\nBorumba Dam\nBurdekin Falls Dam\nCaboolture River Weir\nCallide Dam\nCania Dam\nCecil Plains Weir\nChinchilla Weir\nClaude Wharton Weir\nConnolly Dam\nCooby Dam\nCoolmunda Dam\nCressbrook Dam\nCunningham (Beebo) Weir\nEungella Dam\nEwen Maddock Dam\nFairbairn Dam\nFred Haigh Dam (Lake Monduran)\nGil Weir\nGleeson Weir\nGlenarbon Weir\nGlenlyon Dam\nGoondiwindi (Hilton) Weir\nGordonbrook Dam\nHinze Dam\nInglewood Town Weir\nIsis Balancing Storage (Lake Gregory)\nJones Weir\nKinchant Dam\nKoombooloomba Dam\nLake Belmore\nLake Kurwongbah\nLake MacDonald\nLemon Tree Weir\nLenthalls Dam\nLeslie Dam\nMaroon Dam\nMiles Weir\nMoogerah Dam\nNorth Pine Dam\nPeter Faust Dam\nSomerset Dam\nStorm King Dam\nSurat Weir\nTalgai Weir\nTeemburra Dam\nTheresa Creek Dam\nTinaroo Falls Dam (Lake Tinaroo)\nWhetstone Weir\nWivenhoe Dam\nWoodford Weir\nWuruma Dam\nWyaralong Dam\nYarramalong Weir\nHowever, a prescribed stocked impoundment includes only the waters up to the full supply level of the impoundment.\n(sch.8-sec.18-ssec.1) Each of the following impoundments is a prescribed stocked impoundment — Aplins Weir Baroon Pocket Dam Beehive Dam Ben Anderson Barrage Ben Dor Weir Bill Gunn Dam (Lake Dyer) Bjelke-Petersen Dam Black Weir Bonshaw Weir Boondooma Dam Borumba Dam Burdekin Falls Dam Caboolture River Weir Callide Dam Cania Dam Cecil Plains Weir Chinchilla Weir Claude Wharton Weir Connolly Dam Cooby Dam Coolmunda Dam Cressbrook Dam Cunningham (Beebo) Weir Eungella Dam Ewen Maddock Dam Fairbairn Dam Fred Haigh Dam (Lake Monduran) Gil Weir Gleeson Weir Glenarbon Weir Glenlyon Dam Goondiwindi (Hilton) Weir Gordonbrook Dam Hinze Dam Inglewood Town Weir Isis Balancing Storage (Lake Gregory) Jones Weir Kinchant Dam Koombooloomba Dam Lake Belmore Lake Kurwongbah Lake MacDonald Lemon Tree Weir Lenthalls Dam Leslie Dam Maroon Dam Miles Weir Moogerah Dam North Pine Dam Peter Faust Dam Somerset Dam Storm King Dam Surat Weir Talgai Weir Teemburra Dam Theresa Creek Dam Tinaroo Falls Dam (Lake Tinaroo) Whetstone Weir Wivenhoe Dam Woodford Weir Wuruma Dam Wyaralong Dam Yarramalong Weir\n(sch.8-sec.18-ssec.2) However, a prescribed stocked impoundment includes only the waters up to the full supply level of the impoundment.\n- • Aplins Weir\n- • Baroon Pocket Dam\n- • Beehive Dam\n- • Ben Anderson Barrage\n- • Ben Dor Weir\n- • Bill Gunn Dam (Lake Dyer)\n- • Bjelke-Petersen Dam\n- • Black Weir\n- • Bonshaw Weir\n- • Boondooma Dam\n- • Borumba Dam\n- • Burdekin Falls Dam\n- • Caboolture River Weir\n- • Callide Dam\n- • Cania Dam\n- • Cecil Plains Weir\n- • Chinchilla Weir\n- • Claude Wharton Weir\n- • Connolly Dam\n- • Cooby Dam\n- • Coolmunda Dam\n- • Cressbrook Dam\n- • Cunningham (Beebo) Weir\n- • Eungella Dam\n- • Ewen Maddock Dam\n- • Fairbairn Dam\n- • Fred Haigh Dam (Lake Monduran)\n- • Gil Weir\n- • Gleeson Weir\n- • Glenarbon Weir\n- • Glenlyon Dam\n- • Goondiwindi (Hilton) Weir\n- • Gordonbrook Dam\n- • Hinze Dam\n- • Inglewood Town Weir\n- • Isis Balancing Storage (Lake Gregory)\n- • Jones Weir\n- • Kinchant Dam\n- • Koombooloomba Dam\n- • Lake Belmore\n- • Lake Kurwongbah\n- • Lake MacDonald\n- • Lemon Tree Weir\n- • Lenthalls Dam\n- • Leslie Dam\n- • Maroon Dam\n- • Miles Weir\n- • Moogerah Dam\n- • North Pine Dam\n- • Peter Faust Dam\n- • Somerset Dam\n- • Storm King Dam\n- • Surat Weir\n- • Talgai Weir\n- • Teemburra Dam\n- • Theresa Creek Dam\n- • Tinaroo Falls Dam (Lake Tinaroo)\n- • Whetstone Weir\n- • Wivenhoe Dam\n- • Woodford Weir\n- • Wuruma Dam\n- • Wyaralong Dam\n- • Yarramalong Weir","sortOrder":335},{"sectionNumber":"sch.10-pt.1","sectionType":"part","heading":"Lines","content":"# Lines","sortOrder":336},{"sectionNumber":"sch.10-sec.1","sectionType":"section","heading":"Bottom set line","content":"### sch.10-sec.1 Bottom set line\n\nA bottom set line is a line that is anchored to the bed of a body of water in which the line is being used.","sortOrder":337},{"sectionNumber":"sch.10-sec.2","sectionType":"section","heading":"Cross-line","content":"### sch.10-sec.2 Cross-line\n\nA cross-line is a line fixed at both ends and set across or in water.","sortOrder":338},{"sectionNumber":"sch.10-sec.3","sectionType":"section","heading":"Drum line","content":"### sch.10-sec.3 Drum line\n\nA drum line is a line, to which a hook is attached, that is suspended from a float anchored to the bed of a body of water in which the line is being used.","sortOrder":339},{"sectionNumber":"sch.10-sec.4","sectionType":"section","heading":"Fishing line","content":"### sch.10-sec.4 Fishing line\n\nA fishing line is fishing apparatus consisting of a line that is hand-held or attached to a rod or reel, but does not include the following—\na cross-line;\na drum line;\na free-floating line;\na set line.\n- (a) a cross-line;\n- (b) a drum line;\n- (c) a free-floating line;\n- (d) a set line.","sortOrder":340},{"sectionNumber":"sch.10-sec.5","sectionType":"section","heading":"Free-floating line","content":"### sch.10-sec.5 Free-floating line\n\nA free-floating line is a line—\nwith or without a float; and\nto which is attached a hook; and\nthat is not fixed.\n- (a) with or without a float; and\n- (b) to which is attached a hook; and\n- (c) that is not fixed.","sortOrder":341},{"sectionNumber":"sch.10-sec.6","sectionType":"section","heading":"Set line","content":"### sch.10-sec.6 Set line\n\nA set line is line used to take fish that—\nis prevented from unwinding freely by a device attached to the line; and\nis attached to—\na boat; or\nsomething else outside, but not floating on, the water in which the line is being used.\na line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water\n- (a) is prevented from unwinding freely by a device attached to the line; and\n- (b) is attached to— (i) a boat; or (ii) something else outside, but not floating on, the water in which the line is being used. Example for subparagraph (ii) — a line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water\n- (i) a boat; or\n- (ii) something else outside, but not floating on, the water in which the line is being used. Example for subparagraph (ii) — a line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water\n- (i) a boat; or\n- (ii) something else outside, but not floating on, the water in which the line is being used. Example for subparagraph (ii) — a line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water","sortOrder":342},{"sectionNumber":"sch.10-pt.2","sectionType":"part","heading":"Nets","content":"# Nets","sortOrder":343},{"sectionNumber":"sch.10-pt.2-div.1","sectionType":"division","heading":"Particular types of nets","content":"## Particular types of nets","sortOrder":344},{"sectionNumber":"sch.10-sec.1-oc.2","sectionType":"section","heading":"Beam trawl net","content":"### sch.10-sec.1-oc.2 Beam trawl net\n\nA beam trawl net is a net with its mouth attached to a beam or pole to keep the net open.","sortOrder":345},{"sectionNumber":"sch.10-sec.2-oc.2","sectionType":"section","heading":"Bottom set net","content":"### sch.10-sec.2-oc.2 Bottom set net\n\nA bottom set net is a mesh net that is set along the seabed.","sortOrder":346},{"sectionNumber":"sch.10-sec.3-oc.2","sectionType":"section","heading":"Cast net","content":"### sch.10-sec.3-oc.2 Cast net\n\nA cast net is a circular net that—\nis weighted around its outside; and\nhas a rope attached to its centre to allow the net to be cast and retrieved.\n- (a) is weighted around its outside; and\n- (b) has a rope attached to its centre to allow the net to be cast and retrieved.","sortOrder":347},{"sectionNumber":"sch.10-sec.4-oc.2","sectionType":"section","heading":"General purpose mesh net","content":"### sch.10-sec.4-oc.2 General purpose mesh net\n\nA general purpose mesh net is a mesh net that may be used in the net fishery (no. 15) under the fishery provisions about the fishery.\nsch 10 pt 2 s 4 amd 2023 SL No. 194 s 40","sortOrder":348},{"sectionNumber":"sch.10-sec.5-oc.2","sectionType":"section","heading":"Mesh net","content":"### sch.10-sec.5-oc.2 Mesh net\n\nA mesh net is a net suspended vertically through a water column that can be used, for example, as a general purpose mesh net, ring net, seine net, set mesh net or a net that is neither fixed nor hauled, but does not include a net that is hauled by use of a boat for taking fish.","sortOrder":349},{"sectionNumber":"sch.10-sec.6-oc.2","sectionType":"section","heading":"Otter trawl net","content":"### sch.10-sec.6-oc.2 Otter trawl net\n\nAn otter trawl net is a net with its mouth kept open by otter boards and the force of water.","sortOrder":350},{"sectionNumber":"sch.10-sec.7","sectionType":"section","heading":"Purse seine net","content":"### sch.10-sec.7 Purse seine net\n\nA purse seine net is a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.","sortOrder":351},{"sectionNumber":"sch.10-sec.8","sectionType":"section","heading":"Ring net","content":"### sch.10-sec.8 Ring net\n\nA ring net is a mesh net shot in a way that allows it to encircle the fish being targeted.","sortOrder":352},{"sectionNumber":"sch.10-sec.9","sectionType":"section","heading":"Scoop net","content":"### sch.10-sec.9 Scoop net\n\nA scoop net is a mesh net, with a handle, that can be used to take fish by being formed into a scoop.","sortOrder":353},{"sectionNumber":"sch.10-sec.10","sectionType":"section","heading":"Seine net","content":"### sch.10-sec.10 Seine net\n\nA seine net is a mesh net, with or without a pocket, that can be—\nshot in a way that partly encircles the fish being targeted; and\nhauled in a way that concentrates the fish in an area for taking them.\n- (a) shot in a way that partly encircles the fish being targeted; and\n- (b) hauled in a way that concentrates the fish in an area for taking them.","sortOrder":354},{"sectionNumber":"sch.10-sec.11","sectionType":"section","heading":"Set mesh net","content":"### sch.10-sec.11 Set mesh net\n\nA set mesh net is a mesh net that has—\n2 or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\na point that is fixed to a boat and another point that is fixed to the ground, the bed of a body of water or a thing.\n- (a) 2 or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or\n- (b) a point that is fixed to a boat and another point that is fixed to the ground, the bed of a body of water or a thing.","sortOrder":355},{"sectionNumber":"sch.10-sec.12","sectionType":"section","heading":"Set pocket net","content":"### sch.10-sec.12 Set pocket net\n\nA set pocket net is a bag shaped set net placed across a current or tide to trap fish.","sortOrder":356},{"sectionNumber":"sch.10-sec.13","sectionType":"section","heading":"Trawl net","content":"### sch.10-sec.13 Trawl net\n\nA trawl net is a net that may be used in the east coast trawl fishery and includes any other fishing apparatus normally used with the net.\nground chains or ropes","sortOrder":357},{"sectionNumber":"sch.10-sec.14","sectionType":"section","heading":"Try net","content":"### sch.10-sec.14 Try net\n\nA try net is an otter trawl net no longer than 10m, or a beam trawl net no longer than 2.5m, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish.\nIn this section—\nprincipal fish see the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 2 , section 4 (a) .\n(sch.10-sec.14-ssec.1) A try net is an otter trawl net no longer than 10m, or a beam trawl net no longer than 2.5m, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish.\n(sch.10-sec.14-ssec.2) In this section— principal fish see the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 2 , section 4 (a) .","sortOrder":358},{"sectionNumber":"sch.10-sec.15","sectionType":"section","heading":"Tunnel net","content":"### sch.10-sec.15 Tunnel net\n\nA tunnel net is a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.","sortOrder":359},{"sectionNumber":"sch.10-pt.2-div.2","sectionType":"division","heading":"Particular parts of nets or things used with nets","content":"## Particular parts of nets or things used with nets","sortOrder":360},{"sectionNumber":"sch.10-sec.16","sectionType":"section","heading":"Meaning of back net for a mesh net","content":"### sch.10-sec.16 Meaning of back net for a mesh net\n\nA back net is a part of a mesh net that—\nis part of the total length of the mesh net; and\nis no more than 1 quarter of the total length of the mesh net; and\nis supported by no more than 12 stakes; and\nif it is being used to take fish as part of a ring net or seine net, remains in the water while the ring net or seine net is being used; and\nis used as an artificial shore for concentrating fish to remove them from the water.\n- (a) is part of the total length of the mesh net; and\n- (b) is no more than 1 quarter of the total length of the mesh net; and\n- (c) is supported by no more than 12 stakes; and\n- (d) if it is being used to take fish as part of a ring net or seine net, remains in the water while the ring net or seine net is being used; and\n- (e) is used as an artificial shore for concentrating fish to remove them from the water.","sortOrder":361},{"sectionNumber":"sch.10-sec.17","sectionType":"section","heading":"Meaning of bar for a trawl net","content":"### sch.10-sec.17 Meaning of bar for a trawl net\n\nA bar , in relation to mesh in a trawl net, is—\nfor a trawl net that is knotted—a side of a mesh of the net from 1 knot to the next knot on the same side of the mesh; or\nfor a trawl net that is knotless—a side of a mesh of the net from 1 corner to the next corner.\n- (a) for a trawl net that is knotted—a side of a mesh of the net from 1 knot to the next knot on the same side of the mesh; or\n- (b) for a trawl net that is knotless—a side of a mesh of the net from 1 corner to the next corner.","sortOrder":362},{"sectionNumber":"sch.10-sec.18","sectionType":"section","heading":"Meaning of belly rope for a cod end","content":"### sch.10-sec.18 Meaning of belly rope for a cod end\n\nThe belly rope for a cod end is rope that—\nis made from at least 12mm polyethylene rope; and\nruns the length of the cod end.\n- (a) is made from at least 12mm polyethylene rope; and\n- (b) runs the length of the cod end.","sortOrder":363},{"sectionNumber":"sch.10-sec.18A","sectionType":"section","heading":"Meaning of diameter of monofilament of a net","content":"### sch.10-sec.18A Meaning of diameter of monofilament of a net\n\nThe diameter , of monofilament of a net, is the average diameter of the monofilament of 10 meshes of the net, each of which is at least 30cm from the other 9.\nsch 10 pt 2 s 18A ins 2020 SL No. 236 s 196 (1)","sortOrder":364},{"sectionNumber":"sch.10-sec.19","sectionType":"section","heading":"Meaning of front opening of a net","content":"### sch.10-sec.19 Meaning of front opening of a net\n\nThe front opening , of a net, is the opening through which fish enter the net.","sortOrder":365},{"sectionNumber":"sch.10-sec.20","sectionType":"section","heading":"Meaning of ground chain for an otter trawl net","content":"### sch.10-sec.20 Meaning of ground chain for an otter trawl net\n\nA ground chain is a chain attached at 1 or more points to the bottom rope of an otter trawl net so that the chain is suspended below the bottom rope when the net is in use.","sortOrder":366},{"sectionNumber":"sch.10-sec.21","sectionType":"section","heading":"Meaning of leading edge for a part of a net or thing used with a net","content":"### sch.10-sec.21 Meaning of leading edge for a part of a net or thing used with a net\n\nThe leading edge , for a part of a net or a thing used with a net, is the edge nearest to the front opening of the net.","sortOrder":367},{"sectionNumber":"sch.10-sec.21A","sectionType":"section","heading":"Meaning of monofilament of a net","content":"### sch.10-sec.21A Meaning of monofilament of a net\n\nThe monofilament , of a net, is a single continuous filament or strand of synthetic fibre, joined, knitted or woven into meshes.\nsch 10 pt 2 s 21A ins 2020 SL No. 236 s 196 (2)","sortOrder":368},{"sectionNumber":"sch.10-sec.22","sectionType":"section","heading":"Meaning of square mesh for a net","content":"### sch.10-sec.22 Meaning of square mesh for a net\n\nFor a net, square mesh means netting material orientated so the direction of the mesh twine is longitudinal and transverse to the length of the cod end.","sortOrder":369},{"sectionNumber":"sch.10-sec.23","sectionType":"section","heading":"Meaning of sweep of a net","content":"### sch.10-sec.23 Meaning of sweep of a net\n\nThe sweep , of a net, includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the point on the head rope or bottom rope of the net where the outermost meshes are attached.\nIf fittings mentioned in subsection (1) are joined to make a single fitting, the single fitting is 1 sweep.\n(sch.10-sec.23-ssec.1) The sweep , of a net, includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the point on the head rope or bottom rope of the net where the outermost meshes are attached.\n(sch.10-sec.23-ssec.2) If fittings mentioned in subsection (1) are joined to make a single fitting, the single fitting is 1 sweep.","sortOrder":370},{"sectionNumber":"sch.10-sec.24","sectionType":"section","heading":"Meaning of tickler chain in relation to a trawl net","content":"### sch.10-sec.24 Meaning of tickler chain in relation to a trawl net\n\nA tickler chain is a chain attached to a trawl net or the otter boards of an otter trawl net that is in front of the mouth of the net when the net is in use.","sortOrder":371},{"sectionNumber":"sch.10-sec.25","sectionType":"section","heading":"Meaning of trailing edge for a part of a net or thing used with a net","content":"### sch.10-sec.25 Meaning of trailing edge for a part of a net or thing used with a net\n\nThe trailing edge , for a part of a net or a thing used with a net, is the edge furthest from the front opening of the net.","sortOrder":372},{"sectionNumber":"sch.10-pt.2-div.3","sectionType":"division","heading":"References to particular actions involving nets","content":"## References to particular actions involving nets","sortOrder":373},{"sectionNumber":"sch.10-sec.26","sectionType":"section","heading":"Meaning of fix a net","content":"### sch.10-sec.26 Meaning of fix a net\n\nFix , a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.","sortOrder":374},{"sectionNumber":"sch.10-sec.27","sectionType":"section","heading":"Meaning of haul a net","content":"### sch.10-sec.27 Meaning of haul a net\n\nHaul , a net, means gather or retrieve the net or a part of the net, without the use of a boat, for taking fish.","sortOrder":375},{"sectionNumber":"sch.10-sec.28","sectionType":"section","heading":"Meaning of set a net","content":"### sch.10-sec.28 Meaning of set a net\n\nSet , a net, means fix the net or part of it in a way that it can trap fish.","sortOrder":376},{"sectionNumber":"sch.10-sec.29","sectionType":"section","heading":"Meaning of shoot a net","content":"### sch.10-sec.29 Meaning of shoot a net\n\nShoot , a net, means place or spread the net, or part of it, in a way that it can trap fish.","sortOrder":377},{"sectionNumber":"sch.10-sec.30","sectionType":"section","heading":"Meaning of use a net","content":"### sch.10-sec.30 Meaning of use a net\n\nFor a net, use includes—\ngenerally, setting and shooting the net; or\nfor a trawl net—\nsetting and shooting the net; and\nhaving the net rigged for fishing.\nhaving a cod end and ground chains attached\n- (a) generally, setting and shooting the net; or\n- (b) for a trawl net— (i) setting and shooting the net; and (ii) having the net rigged for fishing. Example of rigged for fishing for subparagraph (ii) — having a cod end and ground chains attached\n- (i) setting and shooting the net; and\n- (ii) having the net rigged for fishing. Example of rigged for fishing for subparagraph (ii) — having a cod end and ground chains attached\n- (i) setting and shooting the net; and\n- (ii) having the net rigged for fishing. Example of rigged for fishing for subparagraph (ii) — having a cod end and ground chains attached","sortOrder":378},{"sectionNumber":"sch.10-pt.2-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":379},{"sectionNumber":"sch.10-sec.31","sectionType":"section","heading":"References to distances between nets","content":"### sch.10-sec.31 References to distances between nets\n\nA reference to a distance between nets is a reference to—\nfor nets in a waterway—the distance between the nets measured along the centre line of the waterway; or\nfor nets on a foreshore—the distance between the nets measured along the shore.\n- (a) for nets in a waterway—the distance between the nets measured along the centre line of the waterway; or\n- (b) for nets on a foreshore—the distance between the nets measured along the shore.","sortOrder":380},{"sectionNumber":"sch.10-sec.32","sectionType":"section","heading":"References to drops and number of meshes","content":"### sch.10-sec.32 References to drops and number of meshes\n\nA reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut.\nA reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net.\n(sch.10-sec.32-ssec.1) A reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut.\n(sch.10-sec.32-ssec.2) A reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net.","sortOrder":381},{"sectionNumber":"sch.10-sec.33","sectionType":"section","heading":"Meaning of length of a net","content":"### sch.10-sec.33 Meaning of length of a net\n\nThe length , of a beam trawl net, is the distance the net is capable of extending across the beam or pole used to open the net.\nThe length , of a cast net, is the greater of the distances between the point where the net’s cord or rope is attached to the rest of the net and the following—\nthe net’s lead line;\nthe bottom of the net’s lowest pocket.\nThe length , of an otter trawl net, is—\nfor an otter trawl net used under the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 8 , part 3 —see schedule 8 , section 22 (3) of that regulation; or\notherwise—the combined length of the head rope and bottom rope when taut between the outermost points of the meshes attached to the head rope and bottom rope.\nThe length , of a net, other than a cast net or trawl net, is the distance between the outer ends of its mesh measured along the head or bottom rope, whichever rope is longer when taut.\nThe length , of a net used with a separate back net, is the total length of the net and the back net in use.\n(sch.10-sec.33-ssec.1) The length , of a beam trawl net, is the distance the net is capable of extending across the beam or pole used to open the net.\n(sch.10-sec.33-ssec.2) The length , of a cast net, is the greater of the distances between the point where the net’s cord or rope is attached to the rest of the net and the following— the net’s lead line; the bottom of the net’s lowest pocket.\n(sch.10-sec.33-ssec.3) The length , of an otter trawl net, is— for an otter trawl net used under the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 8 , part 3 —see schedule 8 , section 22 (3) of that regulation; or otherwise—the combined length of the head rope and bottom rope when taut between the outermost points of the meshes attached to the head rope and bottom rope.\n(sch.10-sec.33-ssec.4) The length , of a net, other than a cast net or trawl net, is the distance between the outer ends of its mesh measured along the head or bottom rope, whichever rope is longer when taut.\n(sch.10-sec.33-ssec.5) The length , of a net used with a separate back net, is the total length of the net and the back net in use.\n- (a) the net’s lead line;\n- (b) the bottom of the net’s lowest pocket.\n- (a) for an otter trawl net used under the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 8 , part 3 —see schedule 8 , section 22 (3) of that regulation; or\n- (b) otherwise—the combined length of the head rope and bottom rope when taut between the outermost points of the meshes attached to the head rope and bottom rope.","sortOrder":382},{"sectionNumber":"sch.10-sec.34","sectionType":"section","heading":"Meaning of mesh size of a net","content":"### sch.10-sec.34 Meaning of mesh size of a net\n\nMesh size , of a net that is knotted, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30cm from each other.\nMesh size , of a net that is knotless, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30cm from each other.\nFor this section, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled by hand in opposite directions so that the sides of the mesh, when the knots or corners are pulled, are as close to touching each other as is reasonably practicable.\nHowever, for pulling the knots or corners of the mesh under subsection (3) , no more force may be used than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length.\n(sch.10-sec.34-ssec.1) Mesh size , of a net that is knotted, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30cm from each other.\n(sch.10-sec.34-ssec.2) Mesh size , of a net that is knotless, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30cm from each other.\n(sch.10-sec.34-ssec.3) For this section, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled by hand in opposite directions so that the sides of the mesh, when the knots or corners are pulled, are as close to touching each other as is reasonably practicable.\n(sch.10-sec.34-ssec.4) However, for pulling the knots or corners of the mesh under subsection (3) , no more force may be used than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length.","sortOrder":383},{"sectionNumber":"sch.10-sec.35","sectionType":"section","heading":"Meaning of behind or in front of in relation to a part of a net or thing used with a net","content":"### sch.10-sec.35 Meaning of behind or in front of in relation to a part of a net or thing used with a net\n\nBehind , in relation to a part of a net or a thing used with a net, means away from the front opening of the net.\nIn front of , in relation to a part of a net or a thing used with a net, means towards the front opening of the net.\n(sch.10-sec.35-ssec.1) Behind , in relation to a part of a net or a thing used with a net, means away from the front opening of the net.\n(sch.10-sec.35-ssec.2) In front of , in relation to a part of a net or a thing used with a net, means towards the front opening of the net.","sortOrder":384},{"sectionNumber":"sch.10-sec.36","sectionType":"section","heading":"Meaning of net that is neither fixed nor hauled","content":"### sch.10-sec.36 Meaning of net that is neither fixed nor hauled\n\nA net that is neither fixed nor hauled is a mesh net that, while it is being used for taking fish, is—\nallowed to move freely in the water; and\nis not fixed to a place or otherwise restricted in its movement by the person using the net.\n- (a) allowed to move freely in the water; and\n- (b) is not fixed to a place or otherwise restricted in its movement by the person using the net.","sortOrder":385},{"sectionNumber":"sch.10-pt.3","sectionType":"part","heading":"Traps","content":"# Traps","sortOrder":386},{"sectionNumber":"sch.10-sec.1-oc.3","sectionType":"section","heading":"Canister trap","content":"### sch.10-sec.1-oc.3 Canister trap\n\nA canister trap is a trap consisting of a bucket with perforations in the bottom and sides or a similar type of device.","sortOrder":387},{"sectionNumber":"sch.10-sec.2-oc.3","sectionType":"section","heading":"Collapsible trap","content":"### sch.10-sec.2-oc.3 Collapsible trap\n\nA collapsible trap is a trap made of rigid material, with 1 or more collapsible sides.","sortOrder":388},{"sectionNumber":"sch.10-sec.3-oc.3","sectionType":"section","heading":"Eel trap","content":"### sch.10-sec.3-oc.3 Eel trap\n\nAn eel trap is a mesh trap—\nsupported by a rigid rectangular frame; and\nto which a cod end or pocket is attached.\n- (a) supported by a rigid rectangular frame; and\n- (b) to which a cod end or pocket is attached.","sortOrder":389},{"sectionNumber":"sch.10-sec.3A","sectionType":"section","heading":"Flow trap","content":"### sch.10-sec.3A Flow trap\n\nA flow trap is a trap consisting of an inclined ramp that can be placed in a flowing waterway and connected to a container capable of trapping eels.\nsch 10 pt 3 s 3A ins 2020 SL No. 236 s 80","sortOrder":390},{"sectionNumber":"sch.10-sec.4-oc.3","sectionType":"section","heading":"Funnel trap","content":"### sch.10-sec.4-oc.3 Funnel trap\n\nA funnel trap is a mesh trap consisting of a rigid frame with funnel-shaped entrances or a similar device.","sortOrder":391},{"sectionNumber":"sch.10-sec.5-oc.3","sectionType":"section","heading":"Pyramid trap","content":"### sch.10-sec.5-oc.3 Pyramid trap\n\nA pyramid trap is a mesh trap with a square-shaped base and 4 triangular sides that meet at a point where there is a trap opening.","sortOrder":392},{"sectionNumber":"sch.10-sec.6-oc.3","sectionType":"section","heading":"Round eel trap","content":"### sch.10-sec.6-oc.3 Round eel trap\n\nA round eel trap is a mesh trap—\nsupported by a rigid cylindrical frame; and\nto which a cod end or pocket is attached.\n- (a) supported by a rigid cylindrical frame; and\n- (b) to which a cod end or pocket is attached.","sortOrder":393},{"sectionNumber":"sch.10-sec.7-oc.2","sectionType":"section","heading":"Round trap","content":"### sch.10-sec.7-oc.2 Round trap\n\nA round trap is a mesh trap supported by a rigid cylindrical frame.","sortOrder":394},{"sectionNumber":"sch.10-pt.4","sectionType":"part","heading":"Other fishing apparatus","content":"# Other fishing apparatus","sortOrder":395},{"sectionNumber":"sch.10-sec.1-oc.4","sectionType":"section","heading":"Crab pot","content":"### sch.10-sec.1-oc.4 Crab pot\n\nA crab pot is fishing apparatus consisting of a cage with a round opening in the top, or an elongated opening (parallel to the base) in the side, for trapping crabs.","sortOrder":396},{"sectionNumber":"sch.10-sec.2-oc.4","sectionType":"section","heading":"Dilly","content":"### sch.10-sec.2-oc.4 Dilly\n\nA dilly is fishing apparatus consisting of a frame and a net that hangs below the frame’s horizontal plane when the apparatus is in use.","sortOrder":397},{"sectionNumber":"sch.10-sec.3-oc.4","sectionType":"section","heading":"Hand pump","content":"### sch.10-sec.3-oc.4 Hand pump\n\nA hand pump is a hand-operated pump used for taking bait.","sortOrder":398},{"sectionNumber":"sch.10-sec.4-oc.4","sectionType":"section","heading":"Hook","content":"### sch.10-sec.4-oc.4 Hook\n\nA hook includes—\na hook with more than 1 prong, including, for example, fishing apparatus known as a treble hook; and\na device consisting of more than 1 hook attached to a fishing line at a single point, including, for example, a fishing apparatus known as a gang hook.\n- (a) a hook with more than 1 prong, including, for example, fishing apparatus known as a treble hook; and\n- (b) a device consisting of more than 1 hook attached to a fishing line at a single point, including, for example, a fishing apparatus known as a gang hook.","sortOrder":399},{"sectionNumber":"sch.10-sec.5-oc.4","sectionType":"section","heading":"Lobster loop","content":"### sch.10-sec.5-oc.4 Lobster loop\n\nA lobster loop is fishing apparatus for catching a lobster consisting of a pole—\nwith a loop on one end that can be drawn around the lobster to secure it; and\nwithout anything attached that may pierce the carapace of the lobster.\n- (a) with a loop on one end that can be drawn around the lobster to secure it; and\n- (b) without anything attached that may pierce the carapace of the lobster.","sortOrder":400},{"sectionNumber":"sch.10-sec.6-oc.4","sectionType":"section","heading":"Lure","content":"### sch.10-sec.6-oc.4 Lure\n\nA lure is an artificial bait with 1 or more hooks attached to it.","sortOrder":401},{"sectionNumber":"sch.10-sec.7-oc.3","sectionType":"section","heading":"Shell dredge","content":"### sch.10-sec.7-oc.3 Shell dredge\n\nA shell dredge is a rigid device that is used for gathering shells as it is dragged along the substrate.","sortOrder":402},{"sectionNumber":"sch.10-sec.8-oc.2","sectionType":"section","heading":"Spear gun","content":"### sch.10-sec.8-oc.2 Spear gun\n\nA spear gun includes a bow for propelling a spear.","sortOrder":403},{"sectionNumber":"sch.10-sec.9-oc.2","sectionType":"section","heading":"Trawl shoe","content":"### sch.10-sec.9-oc.2 Trawl shoe\n\nA trawl shoe , of a beam, otter board or trawl sled, is the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor.","sortOrder":404}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The Regulation stays within the original statutory purpose of implementing and operationalising the Fisheries Act. Amendments and schedules add substantial technical detail — allocation formulas for converting and issuing quota/effort units, vessel-tracking and AIVR systems, and expanded recordkeeping and fee rules — but these are implementation and administrative elaborations rather than a material expansion of the law’s subject‑matter. In practice the additions concentrate economic benefits (quota/effect units) toward historical participants and increase regulatory detail and administrative discretion, but they remain mechanisms to give effect to the Act rather than a change of scope beyond the Act’s objects."},"complexity_factors":["Extensive cross-referencing to the Fisheries Act, Fisheries (Commercial Fisheries) Regulation 2019 and Fisheries Declaration 2019 throughout (frequent cross‑refs in ch.1 and elsewhere)","Multiple schedules implementing technical rules and formulas (notably sch.2A, sch.2B, sch.2C, sch.7, sch.8, sch.10) and at least 11 schedules referenced (including schedule 3, 4, 5, 6, 7, 8, 9, 10, 11 and 2-series)","Complex quota conversion and issuance logic with eligibility windows, historic-data calculations, rounding rules and caps (sch.2A sec.3–17; sch.2B and sch.2C divisions)","Large number of defined terms and technical definitions (comprehensive gear, net, trap and area definitions in sch.7, sch.8, sch.10 and direct definitions in ch.1)","Numerous conditional and temporal rules (multiple commencement and cut‑off dates, transitional provisions and staged commencements: ch.7 and sections 58A–58E, 150–163)","Nested decision‑making and discretionary powers vested in the chief executive (authority to allocate, waive fees, impose conditions, accept substitutions) with administrative notice requirements (multiple sections)","Detailed malfunction and contingency procedures with different treatments for tender boats and primary boats (secs.86–96B)","Wide regulatory scope spanning licensing, permits, quota economics, compliance/enforcement, habitat protection, technical gear standards and commercial supply‑chain recordkeeping","Multiple numerical thresholds and measurement rules (e.g. mesh size, hull units, engine kW, weight/number thresholds for seizure and quota cancellations)"],"plain_english_summary":"**What this Regulation does (mechanics first)**\n\n- Sets out the detailed operating rules that give effect to the Fisheries Act: definitions, licence and permit types, quota authorities and how they work, record-keeping, fees, declared fish habitat areas, vessel-tracking and reporting requirements, and detailed technical definitions for fishing gear and areas (see ch.1–ch.7 and schedules). (See e.g. sections 23–26, 29–36, chapter 4, chapter 5 and schedules 2A–2D, 7, 8, 10.)\n\n- Creates and prescribes the mechanics for quota and effort units (ITQs and effort-based units): conversion of older units (T1/T2) into region-based effort units, issuance formulas and eligibility criteria for new quota families (Moreton Bay trawl effort units, ENL-ITQ, C1-ITQ and select coral ITQs), and the form of replacement certificates. (See sch.2A, sch.2B, sch.2C and sections 58–58E.)\n\n- Mandates vessel tracking for many commercial licences and prescribes how equipment must be installed, when it must be operating, what to do if it malfunctions (manual reporting, towing to port, or attaching tender boats), and alternative communication arrangements. (See sections 82–96B.)\n\n- Requires structured record‑keeping and transaction evidence across the supply chain: sale dockets for wholesale sales, processing records (abalone), transport and warehouse records, logbook-like forms when someone other than the authority holder uses a boat or fishes under an authority, and automated evidence from an AIVR system for certain transactions. (See sections 109–128, 115–117, ch.5.)\n\n- Identifies and maps declared fish habitat areas, lists activities prohibited or restricted in them, and sets accepted development requirements and conditions for resource allocation authorities (e.g. when development may be authorised in fish habitat areas). (See ch.3, sections 60–62, 77–81.)\n\n- Sets fees, how they are charged and payable, provides for refunds/waivers, and prescribes assessment fees for resource allocation authority applications. (See sections 137–143 and schedule 6.)\n\n- Prescribes enforcement and administrative details: what counts as serious fisheries offences, seizure thresholds, who can be appointed as inspectors, and transitional arrangements for converting older licences and notices into the new scheme. (See sections 129–133 and chapter 7.)\n\n\n**Who this affects**\n\n- Commercial licence-holders and crew (primary commercial fishing licences, commercial fisher licences) — licensing rules, tender-boat rules, vessel-tracking and quota/effort unit mechanics are targeted at them (see sections 24–37, 83–85, sch.2A–2D).\n- Buyers, wholesalers, carriers, warehouse keepers and processors — record and docket obligations and retention periods apply in the wholesale chain and to processors (sections 109–114, 121–122, 115–117).\n- Prospective permit applicants (developmental, indigenous, stocked impoundment, filleting, general fisheries permits) — conditions and limits on what permits may authorise (sections 25, 46–56, 50–52).\n- Aboriginal and Torres Strait Islander people — the regulation preserves special defences and prescribes certain traditional apparatus and waters (sections 21–22, 6).\n- Industry as a whole — quota issuance, caps and the prohibition on issuing certain new quota types after specified dates limit supply and affect marketable rights (sections 26, 58–58E, sch.2A–2D).\n- Inspectors and the department — expanded operational detail on enforcement powers, notices and evidence (sections 76, 89–96, 126–131).\n\n\n**Why it matters (policy effects, incentives and trade‑offs)**\n\n- It turns high‑level fisheries law into enforceable, operational rules. That centralises many discretionary and technical decisions in the chief executive (who issues licences, allocates quota, waives fees, approves communication methods) — so administration and data quality drive outcomes (see sections 29, 32, 137, 143).\n\n- Allocation and issuance formulas rely on historical activity or reported catch (eligibility windows, prescribed years, and calculation formulas in sch.2A–2C). That means benefits are concentrated to participants with verifiable historic records; newcomers face constrained access because many quota types are capped or no longer issued (see sch.2A-sec.13–16, sec.58). The trade‑off is stability for incumbents versus restricted entry and potential asset value creation for quota holders.\n\n- Caps and non‑issuance rules (no new T1/T2, SM, certain line or ITQ units after dates) create scarcity, which supports tradable value in existing quota/units but reduces growth options for new entrants (sec.58, 58A–58E).\n\n- Vessel tracking and AIVR requirements strengthen monitoring and evidence for compliance (reducing enforcement information asymmetry) but impose direct costs on fishers: equipment purchase/installation, reliable communications, periodic manual reporting where equipment fails, and possible lost fishing time if boats must return to port on malfunction (secs.83–96B, 124–128). Those costs fall on licence-holders.\n\n- Detailed recordkeeping (sale dockets, 5‑year retention, processing logs) raises compliance costs for sellers, buyers, carriers and processors but provides traceability and evidentiary certainty for enforcement and food‑safety chains (secs.111–117, 121–122).\n\n- The chief executive has significant discretion (deciding authorised tender numbers, allocating unused effort units, accepting substitution/amendment applications), which is efficient administratively but increases regulatory uncertainty and potential for contested decisions (see sec.32, sch.2A-sec.6, sch.2B/sec.8–9). Appeal and information‑notice mechanisms are provided but depend on administrative processes.\n\n\n**Practical risks and implementation points to watch**\n\n- Disputes over historic data used for quota allocation (eligibility years, nil-history substitution rules) will be a likely source of appeals (sch.2B/sec.6–9; sch.2C/sec.6–9).\n- Equipment and communications reliability (vessel tracking and AIVR) will determine how often manual reporting or port returns are triggered, with operational and safety consequences (secs.83–96B, 124–128).\n- Fee timing and transitional fee arrangements (sections 141, 148, sch.6) create cash‑flow timing effects for holders during implementation years.\n\n\n**Key reference points in the text**: quota mechanics (sch.2A–2E and secs.26, 58–58E); vessel tracking (secs.82–96B); sale and supply chain records (secs.109–114); AIVR (secs.124–128); fish habitat areas and prohibited activities (ch.3, secs.77–81); fees and waivers (secs.137–143)."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded considerably from its original 2019 form. Multiple amendments (2020–2025) have added entirely new sections (e.g. ss 4A, 15A–15D, 19A, 51A, 58A–58E), introduced new quota authority types (ENL-ITQ, C1-ITQ, hand-harvest ITQ, select coral ITQ units, Moreton Bay trawl effort units), removed and replaced large blocks of licence provisions, and incorporated new species protections (e.g. scalloped hammerhead, largetooth sawfish). The scope has grown beyond general fisheries administration to include detailed quota conversion mechanisms, new fishery-specific licence conditions, and finer-grained habitat protection rules."},"complexity_factors":["Must be read in conjunction with three other instruments simultaneously (Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, Fisheries Quota Declaration 2019), creating a fragmented legal framework","Extensive use of defined terms, fishery symbols (e.g. 'A1', 'B1', 'RQ', 'SM', 'NX'), and acronyms (e.g. ITQ units, ENL-ITQ, C1-ITQ) with no plain-language equivalents","Multiple overlapping quota authority systems with different rules, entitlement calculations, and suspension/cancellation criteria for each type","Complex definitions of when a 'fishing operation' starts and ends, with different rules for different fishery types and fishing methods","Interaction between recreational and commercial fishing status for the same person, including how quota counting works across both activities","References to numerous schedules (1 through 11) that contain critical operative content not reproduced in the main body","Cross-references to other legislation including the Planning Act, Planning Regulation 2017, Nature Conservation Act 1992, and Native Title Act 1993","Distinction between 'management A areas' and 'management B areas' in fish habitat contexts adds a spatial regulatory layer","Frequent amendments since 2019 (multiple SL No. amendments) creating version-tracking complexity","Granular vessel identification rules distinguishing primary boats from tender boats with differing licence conditions for each"],"plain_english_summary":"This regulation is Queensland’s central rulebook for fishing, affecting recreational and commercial fishers, charter operators, aquaculture, Indigenous fishers, developers and anyone using fishing gear in state waters. It sets who is authorised to fish, the licences and quota systems, habitat and species protections, limits on certain methods, and penalties for serious breaches. It matters because it controls who can catch what, where and how, and protects fish stocks, habitats and traditional fishing rights."},"kimi_summary":{"_metrics":{"completionTokens":823},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a general fisheries regulation. While it has been amended multiple times (notably in 2020, 2021, 2023, 2024, 2025), these amendments reflect evolutionary changes to fisheries management approaches rather than scope creep. The 2020 amendments significantly restructured licensing categories and introduced new quota systems, but this was within the original framework of managing commercial fisheries sustainably."},"complexity_factors":["Extensive cross-referencing to companion legislation (Fisheries Act 1994, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, Fisheries Quota Declaration 2019)","Multiple overlapping authority types (licences, permits, quota authorities) with intricate conditions and restrictions","Detailed technical definitions for fishing apparatus with precise measurement requirements (e.g., mesh size calculations, net dimensions)","Complex quota conversion formulas with historical catch averaging and regional allocation percentages (Schedules 2A-2E)","Nested conditional logic throughout (e.g., 'if subsection (1)(b)(i) applies... otherwise...')","Numerous defined terms (47+ in Schedule 11 dictionary, plus section-specific definitions)","Geographic boundary descriptions using precise coordinates and datum references","Temporal complexity with multiple commencement dates and transitional provisions (Chapter 7)","Mathematical formulas for calculating effort units and ITQ allocations","Extensive schedules containing species lists, scientific names, fee tables, and prescribed quantities"],"plain_english_summary":"This is Queensland's **Fisheries (General) Regulation 2019**, a detailed set of rules that work alongside the Fisheries Act 1994 to manage fishing activities in Queensland waters. Think of it as the 'instruction manual' that fills in the practical details missing from the main Act.\n\n**What it does:**\n\n- **Defines who can fish and how** — It sets out the different types of fishing licences (commercial, recreational, charter), permits, and quota authorities, and the conditions attached to each. For example, it explains what makes someone a 'commercial fisher' versus a 'recreational fisher', and what equipment counts as 'commercial' versus 'recreational' fishing gear.\n\n- **Controls fishing effort through quotas** — The regulation establishes various 'quota authorities' (like ITQ units, effort units, and SM units) that limit how much fish commercial fishers can take. These are designed to prevent overfishing by capping total catch.\n\n- **Protects fish habitat areas** — It declares specific areas as protected fish habitat zones where certain activities are restricted, like using digging implements to take bait or removing weeds without following a code of practice.\n\n- **Mandates vessel tracking** — Commercial fishing boats must carry approved tracking equipment that monitors their location during fishing operations, with strict rules about what happens if the equipment fails.\n\n- **Sets record-keeping requirements** — Fishers, buyers, sellers, and processors must keep detailed records of catches, sales, and processing activities — including specific 'sale dockets' for wholesale transactions.\n\n- **Establishes fees and penalties** — It schedules fees for licences, fishery symbols, and quota authorities, and sets maximum penalties for offences (like obstructing someone fishing under an authority).\n\n**Who it affects:**\n- Commercial fishers and fishing businesses\n- Recreational fishers (by defining what equipment and activities are permitted)\n- Charter fishing operators\n- Fish processors, wholesalers, and retailers\n- Anyone undertaking development in or near fish habitat areas\n\n**Why it matters:**\nThis regulation is crucial for sustainable fisheries management. It translates broad legal principles into day-to-day rules that prevent overfishing, protect marine ecosystems, ensure fair access to resources, and maintain food safety through traceability requirements. The detailed quota systems and vessel tracking provisions reflect modern fisheries management approaches that balance economic activity with environmental protection."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-general-regulation-2019","history":"/api/acts/fisheries-general-regulation-2019/history","analysis":"/api/acts/fisheries-general-regulation-2019/analysis","conflicts":"/api/acts/fisheries-general-regulation-2019/conflicts","importantCases":"/api/acts/fisheries-general-regulation-2019/important-cases","documents":"/api/acts/fisheries-general-regulation-2019/documents"}}