{"id":"fisheries-management-act-2007","name":"Fisheries Management Act 2007","slug":"fisheries-management-act-2007","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32087,"registerId":"sa-fisheries-management-act-2007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Fisheries Management Act 2007.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent;\naboriginal traditional fishing means fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant aboriginal custom;\naboriginal traditional fishing management plan—see section 60;\nAdelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;\nadvisory committee means an advisory committee established under section 20;\naquaculture has the same meaning as in the Aquaculture Act 2001;\naquaculture fish means fish farmed under an aquaculture licence;\naquaculture licence has the same meaning as in the Aquaculture Act 2001;\naquatic animal means an aquatic animal of any species, and includes the reproductive products and body parts of an aquatic animal;\naquatic mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea);\naquatic plant means an aquatic plant of any species, and includes the reproductive products and parts of an aquatic plant;\naquatic reserve means any waters, or land and waters, declared by proclamation to constitute an aquatic reserve;\naquatic resource means fish or aquatic plants;\naquatic resources of the State means aquatic resources of the waters to which this Act applies but does not include aquatic resources being farmed under an aquaculture licence;\narrangement means—\n\t(a)\tan arrangement made by the State with the Commonwealth under Part 4 Division 1 (whether or not it is also made with another State or other States); or\n\t(b)\tan agreement made by the State with 1 or more other States under Part 4 Division 3;\nAustralian fishing zone means the Australian fishing zone as defined in the Commonwealth Act;\nauthorised person means a fisheries officer, scientific observer or sea ranger;\nauthority means a licence, permit, registration, authorisation or other authority under this Act;\nboat means a vessel or craft that is used, or is capable of being used, as a means of transportation on water;\ncoastal waters has the same meaning as in the Commonwealth Act;\ncommercial fishing means fishing for a commercial purpose;\ncommercial purpose means the purpose of trade or business;\ncommercial quantity means a quantity declared by the regulations to be a commercial quantity for the purposes of this Act;\nCommonwealth Act means the Fisheries Management Act 1991 of the Commonwealth;\nCommonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister performing and exercising functions and powers under section 60 of the Commonwealth Act;\ncondition includes a limitation;\ncontravene includes not comply with;\ncorresponding law means a law of the Commonwealth or another State or a Territory of the Commonwealth declared by the regulations to be a law corresponding to this Act;\ncouncil has the same meaning as in the Local Government Act 1999;\ndevelopmental fishery means a fishery declared by the regulations to be a developmental fishery for the purposes of this Act;\ndevice means an implement, apparatus, device or substance for taking or facilitating the taking of an aquatic resource;\ndirector of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;\nDirector of Fisheries or Director means the person for the time being holding or acting in the office of the Director of Fisheries under Part 3 Division 1;\necologically sustainable development—see section 7(5);\nentitlement under a fishery authority means—\n\t(a)\ta gear entitlement; or\n\t(b)\ta quota entitlement; or\n\t(c)\tan entitlement of a prescribed kind;\nERD Court means the Environment, Resources and Development Court;\nexemption means an exemption granted under this Act;\nexotic aquatic organism means fish or an aquatic plant of a species that is not endemic to the waters to which this Act applies; and exotic fish and exotic aquatic plant have corresponding meanings;\nfish means an aquatic animal other than—\n\t(a)\tan aquatic bird, an aquatic mammal, a reptile or an amphibian; or\n\t(b)\tan aquatic animal of a kind declared by the regulations to be excluded from the ambit of this definition;\nfisheries officer means—\n\t(a)\tthe Director; or\n\t(b)\ta police officer; or\n\t(c)\ta person appointed as a fisheries officer under section 80;\nfishery—\n\t(a)\tin Part 4—means a class of fishing activities identified in an arrangement under that Part as a fishery to which the arrangement applies;\n\t(b)\tin any other case—means a class of fishing activities declared by the regulations to constitute a fishery for the purposes of this Act (other than Part 4);\nfishery authority means a fishery licence or fishery permit;\nfishery licence means a licence in respect of a fishery under Part 6 Division 1;\nfishery permit means a permit in respect of a fishery under Part 6 Division 1;\nfishing activity or fishing means the act of taking an aquatic resource, or an act preparatory to, or involved in, the taking of an aquatic resource;\nfish of a priority species means—\n\t(a)\tabalone (Haliotis spp.) of all species; or\n\t(b)\tsouthern rock lobster (Jasus edwardsii); or\n\t(c)\ta species of fish declared by the regulations to be a priority species for the purposes of this Act;\nfish processor means a person who, for a commercial purpose, processes, stores, transports or deals with fish or other aquatic resources;\nforeign boat has the same meaning as in the Commonwealth Act;\nFund means the Fisheries Research and Development Fund continued in existence under section 21;\ngear entitlement under a fishery authority means the maximum number of devices of a particular kind that the holder of the authority may lawfully use at any 1 time for the purpose of taking fish pursuant to the authority;\nindigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth;\nJoint Authority means a Joint Authority established under section 61 of the Commonwealth Act of which the Minister is a member;\nJoint Authority Fishery means a fishery in respect of which there is in force an arrangement under Part 4 Division 2 under which the fishery is to be under the management of a Joint Authority;\nmanagement plan means a management plan under Part 5;\nnative title group means a native title group under section 24CD of the Native Title Act 1993 of the Commonwealth;\nnoxious, in relation to an aquatic resource, means a species of aquatic resource declared by the Minister by notice in the Gazette to be a noxious species for the purposes of this Act;\nplant includes alga;\nprescribed apparatus means apparatus of a kind prescribed by the regulations for the purpose of counting, grading, weighing or sizing fish;\nprescribed procedure means a procedure prescribed by the regulations for determining the weight of a fish catch;\nprocessing—\n\t(a)\tin relation to fish—means scaling, gilling, gutting, filleting, freezing, chilling, packing or any other activity involved in preparing fish for sale;\n\t(b)\tin relation to any other aquatic resource—means any activity involved in preparing the resource for sale;\nprotected species means a species of aquatic resource declared by the regulations to be a protected species for the purposes of this Act;\npublic authority includes a Minister, statutory authority or council;\npurchase means—\n\t(a)\tpurchase or take in exchange; or\n\t(b)\tagree or offer to purchase or take in exchange; or\n\t(c)\treceive, or accept or take delivery, under an agreement to purchase or take in exchange; or\n\t(d)\tcause, suffer or permit an act referred to in a preceding paragraph;\nquota entitlement under a fishery authority means the total quantity of aquatic resource of a particular class that may be taken under the authority during a quota period;\nquota period means the period during which a total allowable catch or total allowable commercial catch may be taken;\nrecreational fishing means fishing other than commercial fishing or aboriginal traditional fishing;\nregistered boat—\n\t(a)\tmeans a boat registered under Part 6 Division 1 for use under a fishery authority; and\n\t(b)\tincludes a boat used in the place of a boat referred to in paragraph (a) with the consent of the Minister and in accordance with the conditions (if any) of that consent;\nregistered fish processor means a person who is registered as a fish processor under Part 6 Division 3;\nregistered master—\n\t(a)\tmeans a person registered under Part 6 Division 1 as master of a boat that may be used under a fishery authority; and\n\t(b)\tincludes a person acting in the place of a person referred to in paragraph (a) with the consent of the Minister and in accordance with the conditions (if any) of that consent;\nregistered owner—\n\t(a)\tin relation to a registered boat—means, subject to paragraph (b), the holder of the fishery authority under which the registered boat may be used; or\n\t(b)\tin relation to a boat being used by the holder of a fishery authority under this Act in place of a boat registered under Part 6 Division 1—means the holder of that authority;\nregister of authorities—see section 116(1)(a);\nregister of exemptions—see section 116(1)(b);\nrelevant Act means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or\n\t(b)\tin relation to a marine park—the Marine Parks Act 2007; or\n\t(c)\tin relation to the River Murray—the River Murray Act 2003;\nrelevant Minister means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\tin relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or\n\t(c)\tin relation to the River Murray—the Minister to whom the administration of the River Murray Act 2003 is committed;\nrepealed Act means the Fisheries Act 1982;\nRiver Murray has the same meaning as in the River Murray Act 2003;\nscientific observer means a person appointed as a scientific observer under section 80;\nsea ranger means a person appointed as a sea ranger under section 80;\nsell means—\n\t(a)\tsell or give in exchange; or\n\t(b)\tagree or offer to sell or give in exchange; or\n\t(c)\thave in possession or control, expose, store, consign or deliver for sale or exchange; or\n\t(d)\tcause, suffer or permit an act referred to in a preceding paragraph;\nspecially protected area means—\n\t(a)\tthe Adelaide Dolphin Sanctuary; or\n\t(b)\ta marine park; or\n\t(c)\tthe River Murray;\nspecies includes a subspecies or variety;\nState includes a Territory;\ntake, in relation to an aquatic resource, means catch, take or obtain the resource (whether dead or alive) from any waters or kill or destroy the resource in any waters;\ntotal allowable catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period;\ntotal allowable commercial catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period for a commercial purpose;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nwaters means—\n\t(a)\tany sea or inland waters (including any body of water or watercourse of any kind whether occurring naturally or artificially created); and\n\t(b)\tthe bed of such waters.\n\t(2)\tA class of fishing activities may be defined in an instrument under this Act by reference to all or any of the following factors:\n\t(a)\ta species of aquatic resource;\n\t(b)\ta description of aquatic resource by reference to sex, size, weight or any other characteristic;\n\t(c)\ta number or quantity of aquatic resource;\n\t(d)\ta period of time;\n\t(e)\tan area of waters or a place;\n\t(f)\ta method of fishing;\n\t(g)\ta class or number of boats;\n\t(h)\ta class of persons;\n\t(i)\ta purpose of activities;\n\t(j)\tany other factor.\n\t(3)\tIn this Act—\n\t(a)\ta reference to engaging in a fishing activity of a class is to be construed as a reference to doing an act that falls within the defined class and as including a reference to—\n\t(i)\tusing a device for the purpose of the activity; or\n\t(ii)\tusing a boat for the purpose of the activity; or\n\t(iii)\tbeing in charge of, or acting as a member of the crew of, a boat that is being used for the purpose of the activity; or\n\t(iv)\tdiving in waters for the purpose of the activity; or\n\t(v)\tcausing, assisting, suffering or permitting a person to do an act referred to in this section;\n\t(b)\ta reference to waters includes a reference to the intertidal and supra tidal zones of waters;\n\t(c)\ta reference to the waters of a fishery is a reference to the waters in relation to which the fishery is constituted.\n\t(4)\tFor the purposes of this Act, an aquatic resource will not be regarded as having been taken if it is taken but immediately returned to the water unencumbered in any way and with as little injury or damage as possible.\n4—Declaration of aquatic reserves\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tdeclare that waters, or land and waters, specified in the proclamation, constitute an aquatic reserve; and\n\t(b)\tassign a name to the aquatic reserve so constituted.\n\t(2)\tLand cannot form part of an aquatic reserve unless the land has been placed under the care, control and management of the Minister.\n\t(3)\tThe Governor may, by subsequent proclamation—\n\t(a)\tabolish an aquatic reserve; or\n\t(b)\talter the boundaries of an aquatic reserve; or\n\t(c)\talter the name of an aquatic reserve.\n5—Application of Act\n\t(1)\tSubject to any limitations expressly prescribed in this Act, this Act applies—\n\t(a)\tin relation to all waters that are within the limits of the State; and\n\t(b)\texcept for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth under an arrangement under Part 4 Division 2 or purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone; and\n\t(c)\tfor purposes relating to a fishery that is to be managed in accordance with the law of the State under an arrangement under Part 4 Division 2—in relation to any waters to which the legislative powers of the State extend, with respect to that fishery, whether under section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and\n\t(d)\tfor purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat (other than recreational fishing activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act)—in relation to any waters to which the legislative powers of the State extend with respect to such activities.\n\t(2)\tThis Act does not apply in relation to an activity (other than the taking of aquatic resources for a commercial purpose or the introduction of exotic aquatic organisms or disease in aquatic resources) engaged in relation to inland waters if those waters are surrounded by land that is in the ownership, possession or control of the same person (being a person other than the Crown or an instrumentality of the Crown).\n\t(3)\tNative title and native title rights and interests are not affected by the operation of this Act except to the extent authorised under the Native Title Act 1993 of the Commonwealth.\n5A—Licence or other right is not personal property for the purposes of Commonwealth Act\nAn authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n6—Ownership of aquatic resources of State\n\t(1)\tThe Crown in right of the State owns all aquatic resources (whether living or dead) of the State.\n\t(2)\tProperty in aquatic resources of the State passes—\n\t(a)\tto the holder of a licence, permit or other authority granted under this Act when taken in accordance with that licence, permit or other authority; or\n\t(b)\tto any other person when taken lawfully in circumstances in which no licence, permit or other authority is required under this Act for the taking.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects of Act","content":"Part 2—Objects of Act\n7—Objects of Act\n\t(1)\tAn object of this Act is to protect, manage, use and develop the aquatic resources of the State in a manner that is consistent with ecologically sustainable development and, to that end, the following principles apply:\n\t(a)\tproper conservation and management measures are to be implemented to protect the aquatic resources of the State from over-exploitation and ensure that those resources are not endangered;\n\t(b)\taccess to the aquatic resources of the State is to be allocated between users of the resources in a manner that achieves optimum utilisation and equitable distribution of those resources to the benefit of the community;\n\t(c)\taquatic habitats are to be protected and conserved, and aquatic ecosystems and genetic diversity are to be maintained and enhanced;\n\t(d)\trecreational fishing and commercial fishing activities are to be fostered for the benefit of the whole community;\n\t(e)\tthe participation of users of the aquatic resources of the State, and of the community more generally, in the management of fisheries is to be encouraged.\n\t(2)\tThe principle set out in subsection (1)(a) has priority over the other principles.\n\t(3)\tA further object of this Act is that the aquatic resources of the State are to be managed in an efficient and cost effective manner and targets set for the recovery of management costs.\n\t(4)\tThe Minister, the Director, the ERD Court and other persons or bodies involved in the administration of this Act, and any other person or body required to consider the operation or application of this Act (whether acting under this Act or another Act), must—\n\t(a)\tact consistently with, and seek to further the objects of, this Act; and\n\t(b)\tinsofar as this Act applies to the Adelaide Dolphin Sanctuary, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and\n\t(c)\tinsofar as this Act applies to the River Murray, seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and\n\t(d)\tinsofar as this Act applies to areas within a marine park, seek to further the objects of the Marine Parks Act 2007.\n\t(5)\tFor the purposes of subsection (1), ecologically sustainable development comprises the use, conservation, development and enhancement of the aquatic resources of the State in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being while—\n\t(a)\tsustaining the potential of aquatic resources of the State to meet the reasonably foreseeable needs of future generations; and\n\t(b)\tsafeguarding the life-supporting capacity of the aquatic resources of the State; and\n\t(c)\tavoiding, remedying or mitigating adverse effects of activities on the aquatic resources of the State,\n(taking into account the principle that if there are threats of serious or irreversible damage to the aquatic resources of the State, lack of full scientific certainty should not be used as a reason for postponing measures to prevent such damage).\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Minister and Director","content":"Division 1—Minister and Director\n8—Minister\n\t(1)\tThe Minister has the functions and powers assigned or conferred by or under this Act.\n\t(2)\tIf a document appears to bear the common seal of the Minister, it will be presumed, in the absence of proof to the contrary, that the common seal of the Minister was duly affixed to the document.\n9—Director\n\t(1)\tThe office of the Director of Fisheries continues in existence.\n\t(2)\tThe Director is a Public Service employee.\n10—Delegation\n\t(1)\tThe Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to the Director or any other person or body (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tThe Director may delegate a function or power of the Director under this Act (other than this power of delegation) to a Public Service employee (including a person for the time being holding or acting in a specified office or position).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(4)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(5)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Minister or the Director containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Advisory committees","content":"Division 3—Advisory committees\n20—Establishment of committees\n\t(1)\tThe Minister may establish committees to provide advice to the Minister on any matter related to the administration of this Act.\n\t(2)\tThe members of a committee established under this section will be appointed by the Minister and hold office for a term and on conditions determined by the Minister.\n\t(4)\tThe membership of a committee must include persons who, in the opinion of the Minister, have expertise in fields relevant to those matters on which the committee is established to provide advice about and, in particular—\n\t(a)\ta committee established to provide advice on the management of a fishery must include at least 1 person with expertise in fisheries management and at least 1 person with expertise in fisheries research;\n\t(b)\ta committee established to provide advice on the allocation of the aquatic resources of a fishery must include persons who have expertise in issues related to that matter and who are cognisant of the interests of the various stakeholders in the fishery.\n\t(5)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas prescribed by the regulations; or\n\t(b)\tinsofar as the procedure is not prescribed by the regulations—as determined by the Minister.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Fisheries Research and Development Fund","content":"Division 4—Fisheries Research and Development Fund\n21—Continuation of Fund\n\t(1)\tThe Fisheries Research and Development Fund continues in existence.\n\t(2)\tThe Fund will continue to be kept in a separate account at the Treasury.\n\t(3)\tThe Fund consists of—\n\t(a)\tmoney in the Fund immediately before the commencement of this Act; and\n\t(b)\tmoney provided by Parliament for the purposes of the Fund; and\n\t(c)\tgrants, gifts and bequests made to the Minister for payment into the Fund; and\n\t(ca)\tvoluntary payments from persons and organisations involved in the fishing industry; and\n\t(d)\tfees, levies and charges paid under this Act; and\n\t(e)\tincome arising from investment of the Fund; and\n\t(f)\tall other money that is required or authorised by or under this Act or another law to be paid into the Fund.\n\t(4)\tMoney in the Fund that is not for the time being required for the purposes of this Act may be invested by the Minister with the approval of the Treasurer.\n\t(5)\tThe Minister may apply a part of the Fund—\n\t(a)\tin making a refund required or authorised by this Act to be made; and\n\t(b)\tin payment of a reward under section 123; and\n\t(c)\tin payment of compensation payable to any person under this Act; and\n\t(ca)\tin payment of the costs of—\n\t(i)\tprojects relating to the management of aquatic resources; and\n\t(ii)\tresearch or development relating to the fishing industry; and\n\t(d)\tin making any other payment required by this Act or another law to be made from the Fund; and\n\t(e)\tin payment of expenses of administering the Fund; and\n\t(f)\tin defraying the costs of administering and enforcing this Act.\n22—Accounts\nThe Minister must cause proper accounts to be kept in relation to the Fund.\n23—Audit\nThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"Commonwealth-State arrangements","content":"Part 4—Commonwealth-State arrangements\nDivision 1—Commonwealth-State joint authorities\n24—Powers and functions of Minister\n\t(1)\tThe Minister may exercise a power conferred on the Minister by Part 5 of the Commonwealth Act, including a power or function of the Minister as a member of a Joint Authority.\n\t(2)\tIf, in the exercise of a power conferred by Part 5 of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise the power conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister.\n25—Judicial notice\nAll courts and persons acting judicially must take judicial notice of the signature of a person who is or has been a member of a Joint Authority or a deputy of a member of a Joint Authority and of the fact that the person is, or was at a particular time, a member or deputy.\n26—Functions of Joint Authority\nA Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force under Division 2 as are conferred on it by the law in accordance with which, under the arrangement, the fishery is to be managed.\n27—Delegation\n\t(1)\tA Joint Authority may, by instrument in writing, either generally or otherwise, delegate to a person any of its powers under this Act other than this power of delegation.\n\t(2)\tIf a power delegated under subsection (1) is exercised by the delegate, the power will, for the purposes of this Act, be taken to have been exercised by the Joint Authority.\n\t(3)\tA delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified office, including an office—\n\t(a)\tin the service of; or\n\t(b)\tin the service of an authority of; or\n\t(c)\tunder the law of,\nthe Commonwealth or another State of the Commonwealth.\n\t(4)\tA delegate of a Joint Authority is, in the exercise of delegated powers, subject to the directions of the Joint Authority.\n\t(5)\tA delegation under this section—\n\t(a)\tmay be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); and\n\t(b)\tcontinues in force despite any change in the membership of the Joint Authority.\n\t(6)\tA certificate signed by a member of a Joint Authority stating a matter with respect to a delegation under this section by the Joint Authority will, in the absence of proof to the contrary, be accepted as proof of the matter stated.\n\t(7)\tIn legal proceedings, an apparently genuine document purporting to be a certificate referred to in subsection (6) will, in the absence of proof to the contrary, be taken to be such a certificate and to have been duly given.\n\t(8)\tNothing in this Part is intended to prevent the delegation by a Joint Authority, in accordance with a law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth.\n28—Procedure of Joint Authorities\n\t(1)\tSections 66 to 68 (inclusive) of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act.\n\t(2)\tA written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or a deputy of that Minister, who took part in or made the decision will, in the absence of proof to the contrary, be accepted as proof that the decision, as recorded, was duly made.\n\t(3)\tIn proceedings in a court, an instrument or other document signed on behalf of a Joint Authority will be taken to have been duly executed by the Joint Authority and, unless the contrary is proved, will be taken to be in accordance with a decision of the Joint Authority.\n29—Report of Joint Authority\nThe Minister must cause a copy of a report of a Joint Authority prepared under section 70 of the Commonwealth Act to be laid before each House of Parliament as soon as practicable after preparation of the report.\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Arrangements with Commonwealth with respect to management of particular fisheries","content":"Division 2—Arrangements with Commonwealth with respect to management of particular fisheries\n30—Arrangement for management of certain fisheries\n\t(1)\tThe State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery.\n\t(2)\tAn arrangement may be terminated or amended as provided by the Commonwealth Act.\n\t(3)\tAfter an arrangement has been made but before the arrangement takes effect, authorities, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations, proclamations and notices may be made, for the purposes of the operation of this Act as affected by the arrangement, as if the arrangement had taken effect but such an authority, endorsement, instrument, regulation, proclamation or notice does not have effect before the arrangement takes effect.\n\t(4)\tOn termination of an arrangement, authorities, endorsements and other instruments granted, issued, renewed, made or executed, and regulations, proclamations and notices made, for the purposes of the operation of this Act as affected by the arrangement, cease to have effect.\n\t(5)\tAfter action for the purpose of the termination of an arrangement has been taken but before the termination takes effect, authorities, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations, proclamations and notices may be made, for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated but such an authority, endorsement, instrument, regulation, proclamation or notice does not have effect before the termination of the arrangement takes effect.\n31—Application of this Act to fisheries in accordance with arrangements\nIf there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law), the provisions of this Act apply to and in relation to the fishery except that those provisions do not apply to or in relation to matters that occurred before the arrangement took effect.\n32—Application of Commonwealth law to limits of State in accordance with arrangements\nIf there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the Commonwealth (whether or not also in accordance with some other law), the law of the Commonwealth applies to the limits of the State as a law of the State.\n33—Functions of Joint Authority\n\t(1)\tIf, in respect of a fishery, there is in force an arrangement under which a Joint Authority has the management of the fishery and the fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law), the Joint Authority has the functions of keeping constantly under consideration the condition of the fishery, formulating policies and plans for the good management of the fishery and, for the purposes of the management of the fishery, exercising the powers conferred on it by this Act and co-operating and consulting with other authorities (including other Joint Authorities within the meaning of the Commonwealth Act) in matters of common concern.\n\t(2)\tA Joint Authority must, in the performance of its functions under this section, act consistently with, and seek to further, the objects of this Act.\n34—Joint Authority to exercise certain powers instead of Minister or Director\n\t(1)\tSubject to this section, an authority or endorsement granted, issued, renewed or made under this Act otherwise than by virtue of this section does not authorise the doing of an act or thing in or in relation to a Joint Authority fishery.\n\t(2)\tThe powers conferred before or after the commencement of this Part on the Minister or the Director, or the delegate of the Minister or the Director, by or under this Act (this Part excepted) or the regulations (including powers with respect to the grant, renewal, revocation and suspension of authorities) in respect of a Joint Authority fishery that is to be managed in accordance with the law of the State (whether or not also in accordance with some other law) are exercisable by the Joint Authority to the exclusion of the Minister or the Director or the delegate of the Minister or the Director.\n\t(3)\tAn authority granted under this Act by a Joint Authority will contain conditions and limitations that it does not apply in relation to a Joint Authority fishery, or Joint Authority fisheries, not managed by that Joint Authority.\n\t(4)\tA Joint Authority may endorse an authority granted under this Act (including an authority granted by that Joint Authority or another Joint Authority) so as to extend the operation of the authority to matters to which the powers of the Joint Authority under this Act are applicable and, where such an endorsement is made—\n\t(a)\tthe endorsement ceases to have effect if the authority ceases to have effect; and\n\t(b)\tthe Joint Authority may suspend or revoke the endorsement as if it were an authority granted by the Joint Authority.\n\t(5)\tSubject to section 37(1)(b) and (c), if, at a time a fishery becomes a Joint Authority fishery, a regulation, proclamation or notice under this Act that would, but for this subsection, apply to the fishery, the regulation, proclamation or notice (as the case may be) ceases so to apply.\n\t(6)\tThis section does not empower a Joint Authority to grant, or to take other action in respect of, an authority in respect of a foreign boat or to endorse such an authority.\n35—Application of certain provisions relating to offences\nFor the purposes of the prosecution of a person for an offence under this Act in respect of anything done to or in relation to fish to which a Joint Authority fishery relates or otherwise in relation to a Joint Authority fishery, a reference in the provision creating the offence to an authority of a particular kind is to be read as a reference to such an authority, or an endorsement of such an authority, granted, issued, renewed or made by the relevant Joint Authority.\n36—Presumption relating to certain statements\nA statement in an arrangement to the effect that specified waters—\n\t(a)\tin the case of an arrangement to which the Commonwealth and the State are the only parties—are waters adjacent to the State; and\n\t(b)\tin the case of any other arrangement—are waters adjacent to the States that are parties to the arrangement or are waters adjacent to a specified State or States,\nwill, for the purposes of this Act, be conclusively presumed to be correct.\n37—Regulations relating to Joint Authority fishery\n\t(1)\tIf a Joint Authority is to manage a fishery in accordance with the law of the State (whether or not also in accordance with some other law), the Governor may, for the purpose of giving effect to a decision of the Joint Authority—\n\t(a)\tmake regulations for the management of the fishery; or\n\t(b)\tmake a regulation applying to the fishery a regulation made otherwise than under this section; or\n\t(c)\tvary a regulation made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to any other fishery.\n\t(2)\tThe power conferred on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c).\n\t(3)\tIf a regulation affecting a fishery that is to be managed by a Joint Authority is expressed to be made under this section, it will be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.\nDivision 3—Arrangements with other States\n38—Arrangements with other States\nThe Minister may enter into an agreement with a Minister administering a corresponding law, or with an authority of another State concerned in the administration of that law, for the purpose of co-operation in furthering the objects of this Act (whether in this State or in that other State).\n39—Functions\n\t(1)\tFor the purposes of this Division, the Minister may perform any power and exercise any function conferred on the Minister under Division 1 or Division 2 as if the Commonwealth Act applied under this Division.\n\t(2)\tDivision 1 and Division 2 apply in respect of agreements under this Division, with such modifications as are necessary.\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"Management plans for commercial fishing, recreational fishing and aquatic reserves","content":"Part 5—Management plans for commercial fishing, recreational fishing and aquatic reserves\n40—Interpretation\nIn this Part, unless the contrary intention appears—\n\t(a)\ta reference to an aquatic reserve includes a reference to waters, or land and waters, proposed to be constituted as an aquatic reserve;\n\t(b)\ta reference to a draft management plan includes a reference to a draft amendment to, or the draft revocation of, a management plan previously made under this Part;\n\t(c)\ta reference to a fishery includes a reference to a class of fishing activities proposed to be constituted as a fishery;\n\t(d)\ta reference to a management plan includes a reference to an amendment to, or the revocation of, a management plan previously made under this Part.\n41—Application of Part\nThis Part does not apply to an aboriginal traditional fishing management plan.\n42—Preparation of management plans\nThe Minister may prepare management plans for the following:\n\t(a)\tclasses of commercial fishing activities;\n\t(b)\tclasses of recreational fishing activities;\n\t(c)\taquatic reserves.\n43—General nature and content of management plans\n\t(1)\tA management plan must—\n\t(a)\tbe consistent with the objects of this Act; and\n\t(b)\tbe consistent with any relevant aboriginal traditional fishing management plan; and\n\t(c)\tset out the management objectives of the plan and strategies for achieving those objectives; and\n\t(d)\tidentify research needs and priorities; and\n\t(e)\tset out the resources required to implement the plan; and\n\t(f)\ttake into account—\n\t(i)\tthe advice of any committee established by the Minister for that purpose; and\n\t(ii)\tthe provisions of any relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and\n\t(iii)\tthe provisions of any document prescribed for the purposes of this paragraph (insofar as is relevant to the operation of this Act and reasonably practicable).\n\t(2)\tA management plan for a fishery must—\n\t(a)\tidentify the fishery to which the plan relates; and\n\t(b)\tdescribe the biological, economic and social characteristics of the fishery; and\n\t(c)\tidentify the impacts or potential impacts of the fishery on its associated ecosystem or ecosystems, including impacts on non-target species of fish or other aquatic resources; and\n\t(d)\tidentify any ecological factors that could have an impact on the performance of the fishery; and\n\t(e)\tassess the risks (if any) identified under paragraphs (c) and (d) to determine the most serious risks; and\n\t(f)\tset out strategies for addressing those risks; and\n\t(g)\tset out methods for monitoring the performance of the fishery and the effectiveness of the plan, including performance indicators, trigger points for review or action and progress reporting; and\n\t(h)\tspecify the share of aquatic resources to be allocated to each fishing sector under the plan; and\n\t(i)\tprescribe a method, or establish an open and transparent process for determining the method, for adjusting allocations of aquatic resources between the different fishing sectors during the term of the plan; and\n\t(j)\tprovide that compensation will be paid to persons whose licences or licence entitlements are compulsorily acquired in order to reduce the share of aquatic resources allocated to the commercial fishing sector and increase the share allocated to another sector.\n\t(3)\tIn determining the share of aquatic resources to be allocated to a particular fishing sector under the first management plan for an existing fishery, the share of aquatic resources to which that fishing sector had access at the time the Minister decided to prepare the plan (based on the most recent information available to the Minister) must be taken into account.\n\t(4)\tA management plan may relate to more than 1 class of fishing activity or more than 1 aquatic reserve.\nexisting fishery means a fishery constituted under this Act by virtue of clause 5 of Schedule 1.\n44—Procedure for preparing management plans\n\t(1)\tThe Minister must, in relation to a proposal to prepare a management plan—\n\t(a)\tby notice published on a website determined by the Minister or in a newspaper circulating generally within the State, give notice of the intention to prepare the management plan with a description of the general purpose of the proposed management plan; and\n\t(b)\tprepare a draft of the management plan; and\n\t(c)\tseek the views of a representative of all signatories to any indigenous land use agreement that is in force in relation to any of the area to which the plan relates in relation to the draft.\n\t(2)\tThe Minister must, after preparing a draft management plan, prepare a report containing—\n\t(a)\tan explanation of the purpose and effect of the draft management plan; and\n\t(b)\ta summary of the background and issues relevant to the draft management plan and of the analysis and reasoning applied in formulating the plan.\n\t(3)\tThe Minister, after preparing the draft management plan and related report—\n\t(a)\trefer the plan and report to—\n\t(ii)\tthe representative of all signatories to any indigenous land use agreement that is in force in relation to any area to which the plan relates; and\n\t(iii)\tany advisory committee whose area of responsibility is affected by the plan; and\n\t(iv)\tany public authority whose area of responsibility is, in the opinion of the Minister, particularly affected by the plan; and\n\t(b)\tpublish a notice in a manner determined by the Minister—\n\t(i)\tgiving notice of places at which the draft management plan and report (or copies of the draft management plan and report) are to be available for inspection and, if copies are to be available for purchase, places at which copies may be purchased; and\n\t(ii)\tinviting interested persons to make written submissions in relation to the draft management plan within a period specified in the advertisement (being not less than 2 months from the date of publication of the advertisement); and\n\t(iii)\tstating that the submissions will be available for inspection as provided by subsection (5); and\n\t(iv)\tappointing a place and time at which a public hearing will be commenced by the Minister in which interested persons may appear to be heard in relation to the draft management plan and the submissions.\n\t(4)\tHowever, the Minister may, in relation to a particular draft management plan, dispense with the requirement for the holding of a public hearing if satisfied that it is not warranted in the circumstances.\n\t(5)\tIf written submissions are made in response to a notice published under subsection (3)(b), a copy of those submissions must be made available for inspection by interested persons during ordinary business hours at an office specified by the Minister from the end of the period specified for the making of submissions until a date determined by the Minister.\n\t(6)\tAt the time and place appointed for a public hearing, interested persons may appear and make submissions to the Minister that are relevant to the draft management plan or the written submissions relating to the draft management plan.\n\t(7)\tAfter consulting with and considering the advice of the persons and bodies referred to in subsection (3)(a) on—\n\t(a)\tthe provisions of the draft management plan; and\n\t(b)\tall matters raised as a result of public consultation under this section; and\n\t(c)\tany alterations that the Minister proposes should be made to the draft management plan,\nthe Minister may—\n\t(d)\tadopt the draft management plan; or\n\t(e)\talter the draft management plan and adopt the draft management plan as altered; or\n\t(f)\tdecline to adopt the draft management plan.\n\t(9)\tA management plan has no force or effect until adopted by the Minister.\n\t(10)\tOn adopting a draft management plan, the Minister must cause notice of that fact to be published in the Gazette.\n\t(11)\tThe Minister must, in the Gazette notice adopting a management plan, fix a date on which the plan will take effect.\n\t(12)\tA failure of the Minister to comply with a requirement of this section does not affect the validity of a management plan.\n45—Tabling of management plans\nThe Minister must, within 12 sitting days after adopting a management plan, cause copies of the plan to be laid before both Houses of Parliament.\n46—Procedure for making certain amendments to management plans\n\t(1)\tThe Minister may, by notice in the Gazette, amend a management plan—\n\t(a)\tto correct an error; or\n\t(b)\tto make a change of form (not involving a change of substance) in the plan; or\n\t(c)\tif the Governor is satisfied that the amendment would not substantially alter the plan; or\n\t(d)\tif the plan or the regulations provide that a change of a specified kind may be made by amendment under this section—to make a change of that kind.\n\t(2)\tAn amendment under this section takes effect on the day fixed in the Gazette notice of the amendment.\n47—Duration of management plans\n\t(1)\tA management plan for a developmental fishery or part of such a fishery expires—\n\t(a)\ton the third anniversary of its commencement; or\n\t(b)\ton the expiry date specified in the plan,\n\t(2)\tSubject to this section, any other management plan expires—\n\t(a)\ton the tenth anniversary of its commencement; or\n\t(b)\ton the expiry date specified in the plan,\n\t(a)\ta management plan is due to expire in 6 months or less; and\n\t(b)\ta draft management plan to replace the existing plan has not yet been adopted by the Minister under this Part,\nthe Minister must, by notice in the Gazette published before the expiry of the plan, extend the term of the plan for a period specified in the notice (being a period of not less than 12 months and not more than 5 years).\n\t(4)\tThe Minister may not extend the term of a management plan under subsection (3) more than once.\n\t(5)\tIf the Minister has extended the term of an existing plan under subsection (3), the Minister must ensure that, during the extended term, he or she adopts a replacement management plan to come into effect on the expiry of the existing plan.\n48—Availability and evidence of management plans\n\t(1)\tCopies of each management plan must be kept available for inspection and purchase by the public during ordinary office hours at a place or places determined by the Minister.\n\t(2)\tIn legal proceedings, evidence of the contents of a management plan may be given by production of a document certified by the Minister as a true copy of the plan.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.\n49—Review of management plans\n\t(1)\tThe Minister may review a management plan at any time.\n\t(2)\tThe Minister must, as soon as practicable after the fifth anniversary of the commencement of a management plan, conduct a comprehensive review of the plan for the purpose of determining whether the plan should be amended, replaced or reinstated without amendment.\n\t(3)\tThe Minister must prepare a report on the outcome of a review under this section within 12 months after the commencement of the review.\n\t(4)\tThe Minister must, within 12 sitting days after completing the report, cause copies of the report to be laid before both Houses of Parliament.\n\t(5)\tIf a report under this section recommends that a management plan should be reinstated without amendment on its expiry, the plan may be so reinstated without following the procedures set out in section 44.\n\t(6)\tIf a plan is to be reinstated under this section, the Minister must—\n\t(a)\tadopt the plan; and\n\t(b)\tcause notice of that fact to be published in the Gazette; and\n\t(c)\tin the Gazette notice adopting the plan, fix a date on which the plan will take effect.\n50—Implementation of management plans\n\t(1)\tThe Minister must manage commercial and recreational fishing activities and aquatic reserves in accordance with any relevant management plan adopted by the Minister under this Part.\n\t(2)\tThis section does not affect the validity of an act or decision done or made under a provision of this Act (or any regulations under this Act).\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"Regulation of fishing and processing","content":"Part 6—Regulation of fishing and processing\nDivision 1—Commercial fishing\n51—Interpretation\nIn this Division—\nauthority means a licence, permit or registration;\nlicence means a fishery licence;\npermit means a fishery permit;\nregistration means registration of any of the following:\n\t(a)\ta boat;\n\t(b)\tthe master of a boat;\n\t(c)\ta device.\n52—Obligation of commercial fishers to hold licence or permit\nA person must not, for a commercial purpose, engage in a fishing activity of a class that constitutes a fishery unless—\n\t(a)\tthe person holds a licence or permit in respect of the fishery; or\n\t(b)\tthe person is acting as the agent of a person holding a licence or permit in respect of the fishery.\n\t(i)\tif the offence involves the taking of fish of a priority species or a fishing activity engaged in for the purpose of taking fish of a priority species—$500 000;\n\t(i)\tif the offence involves the taking of fish of a priority species or a fishing activity engaged in for the purpose of taking fish of a priority species—$250 000 or imprisonment for 4 years;\n\t(ii)\tin any other case—$50 000 or imprisonment for 2 years.\n53—Obligation for boats and devices used in commercial fishing to be registered\n\t(1)\tA person must not, for a commercial purpose, use a boat, or cause, suffer or permit a boat to be used, for the purpose of engaging in a fishing activity of a class that constitutes a fishery unless—\n\t(a)\tthe boat—\n\t(i)\tis registered for use under a licence or permit in respect of the fishery held by him or her or a person for whom he or she is acting as an agent; or\n\t(ii)\tis being used in the place of a boat referred to in subparagraph (i) with the consent of the Minister and in accordance with the conditions (if any) of that consent; and\n\t(b)\tthe boat is in the charge of a natural person who—\n\t(i)\tis registered as the master of a boat that may be used under the licence or permit; or\n\t(ii)\tis acting in the place of a person referred to in subparagraph (i) with the consent of the Minister and in accordance with the conditions (if any) of that consent.\n\t(b)\tin the case of a natural person—$50 000.\n\t(2)\tA person must not, for a commercial purpose, use a device, or cause, suffer or permit a device to be used, for the purpose of engaging in a fishing activity of a class that constitutes a fishery unless the device is registered for use under a licence or permit in respect of the fishery held by him or her or a person for whom he or she is acting as an agent.\n\t(b)\tin the case of a natural person—$50 000.\n54—Application for licence, permit or registration\n\t(1)\tAn application for an authority must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the prescribed fee or an instalment of the fee in accordance with the regulations.\n\t(2)\tAn applicant must provide the Minister with such evidence as the Minister thinks appropriate as to the identity, age and address of the applicant and any other information required by the Minister for the purposes of determining the application.\n\t(3)\tA licence or permit granted to a natural person may include a photograph of the holder of the licence or permit and, consequently, an applicant for a licence or permit who is a natural person may be required by the Minister—\n\t(a)\tto attend at a specified place for the purpose of having the applicant's photograph taken; or\n\t(b)\tto supply the Minister with 1 or more photographs of the applicant as specified by the Minister.\n\t(4)\tAn authority will not be issued by the Minister except on payment of the licence, permit or registration fee prescribed by the regulations or on payment (in accordance with the regulations) of an instalment of the relevant fee.\n\t(5)\tThe Minister may, by notice in writing, require an applicant for an authority, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Minister's satisfaction.\n\t(6)\tIf the applicant fails to comply with the notice under subsection (5), the Minister may, without further notice, refuse the application but keep the fee that accompanied the application.\n\t(7)\tAn application—\n\t(a)\tfor a licence or permit in respect of a fishery—will be determined by the Minister subject to, and in accordance with, the regulations for the fishery;\n\t(b)\tfor registration of a boat to be used pursuant to a licence or permit in respect of a fishery—will not be granted by the Minister unless he or she is satisfied—\n\t(ii)\tas to the matters prescribed by the regulations for the fishery;\n\t(c)\tfor registration of a person as the master of a boat to be used pursuant to a licence or permit in respect of a fishery—will not be granted by the Minister unless he or she is satisfied—\n\t(ii)\tthat a boat is registered in the name of the applicant under this Division; and\n\t(iii)\tthat the person nominated as the proposed master is not disqualified from being registered as a master and is otherwise a fit and proper person to be master of the boat;\n\t(d)\tfor registration of a device to be used pursuant to a licence or permit in respect of a fishery—will not be granted by the Minister unless he or she is satisfied—\n\t(ii)\tas to the matters prescribed by the regulations for the fishery.\n\t(8)\tThe Minister must, before determining an application that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.\n\t(9)\tThe Minister must refuse to grant an application for a fishery authority if—\n\t(a)\tthe applicant is disqualified from holding or obtaining a fishery authority; or\n\t(b)\tthe applicant is a body corporate and a director of the body corporate is disqualified from holding or obtaining a fishery authority.\n\t(10)\tThe Minister may refuse to grant an application for an authority in the following circumstances:\n\t(a)\tthe Minister is not satisfied the applicant is a fit and proper person to hold an authority of the kind to which the application relates;\n\t(b)\tthe Minister is of the opinion that the issue of the authority would be inconsistent with—\n\t(i)\tan inter-governmental agreement or arrangement; or\n\t(ii)\tany instrument made under this Act;\n\t(c)\tin the case of an application to register a device—\n\t(i)\tthe applicant does not produce the device for examination after being requested by the Minister to do so; or\n\t(ii)\tthe applicant could not lawfully use the device in the fishery even if it were registered;\n\t(d)\tprescribed grounds for the refusal exist.\n55—Conditions of licence, permit or registration\n\t(1)\tAn authority may be subject to such conditions as the Minister thinks fit and specifies in the authority.\n\t(2)\tThe Minister may at any time, by written notice given to the holder of an authority, vary or revoke a condition of the authority, or impose a further condition.\n\t(3)\tThe holder of an authority must not contravene a condition of the authority.\n\t(a)\tif the condition related to the holder's quota entitlement under the authority—$20 000;\n\t(b)\tin any other case—$10 000.\n56—Duration of authority and periodic fee and return etc\n\t(1)\tA licence remains in force (except for any period during which it is suspended) from the day on which it is granted—\n\t(b)\t—\n\t(i)\tif it is in respect of a fishery for which there is a management plan—until the management plan expires or is revoked; or\n\t(ii)\tin any other case—for a period (not exceeding 10 years) specified in the licence.\n\t(2)\tA permit remains in force (except for any period during which it is suspended) from the day on which it is granted—\n\t(b)\tfor a period (not exceeding 3 years) specified in the permit.\n\t(3)\tSubject to this Act, registration remains in force until the expiry of the relevant licence or permit but if—\n\t(a)\tthe licence or permit is suspended under this Act for any period, the registration will be taken to have been suspended for the same period; or\n\t(b)\tthe licence or permit is cancelled or surrendered under this Act, the registration will be taken to have been cancelled or surrendered.\n\t(4)\tIf a person registered as the master of a boat used pursuant to an authority is disqualified from being so registered, the registration will be taken to have been cancelled.\n\t(5)\tThe holder of an authority must—\n\t(a)\tin each year, pay to the Minister the relevant annual fee (in total or by instalments) in accordance with the regulations; and\n\t(b)\tlodge with the Minister periodic returns in accordance with the regulations.\n\t(6)\tIf the holder of an authority fails to pay the relevant annual fee (or an instalment of the relevant annual fee) in accordance with this section, the Minister may, by written notice, require the person to make good the default specified in the notice and, in addition, pay to the Minister the amount prescribed as a penalty for default.\n\t(7)\tIf the holder of an authority fails to comply with a notice under subsection (6), the Minister may, by further written notice, suspend the person's authority until the notice under that subsection has been complied with.\n\t(7a)\tSubject to subsection (7b), if—\n\t(a)\tan authority has been suspended by the Minister under subsection (7); and\n\t(b)\tthe suspension has been in effect for more than 6 months; and\n\t(c)\tthe Minister cannot locate the holder of the authority after making a reasonable attempt to do so,\nthe Minister may cancel the authority.\n\t(7b)\tThe Minister must, before cancelling an authority under subsection (7a), make a reasonable attempt to give notice of the Minister's intention to cancel the authority to any person noted on the register of authorities as having an interest in the authority.\n\t(8)\tThe Minister may, on application by the holder of the licence or permit on which any registration is endorsed, revoke the registration.\n\t(9)\tIn this section—\nannual fee means the annual licence, permit or registration fee.\n57—Transfer of licence or permit\n\t(1)\tA licence or permit is not transferable.\n\t(2)\tHowever, if the regulations for a fishery provides that licences or permits, or a class of licence or permit, in respect of the fishery are transferable, then, with the consent of the Minister, such a transfer may occur.\n\t(3)\tAn application for consent to the transfer of a licence or permit must—\n\t(a)\tbe a joint application made by the holder of the licence or permit and the transferee; and\n\t(b)\tbe made in a manner and form approved by the Minister; and\n\t(c)\tbe completed in accordance with the instructions contained in the form; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(4)\tThe Minister may only consent to the transfer of a licence or permit if—\n\t(a)\tthe Minister is satisfied as to the matters prescribed by the regulations for the fishery; and\n\t(b)\twhere the register of authorities includes a notation that a specified person has an interest in the licence or permit—that person consents to the transfer.\n\t(5)\tIf a licence or permit is transferable, the registration of a boat used under the licence or permit is also transferable.\n\t(6)\tIf—\n\t(a)\ta licence or permit is transferable; and\n\t(b)\tthe holder of the licence or permit dies,\nthe licence or permit (as the case may be) vests in the personal representative of the deceased (whether the personal representative is a natural person or body corporate) as part of the estate of the deceased but cannot be transferred in the course of the administration of the estate except with the consent of the Minister.\n\t(7)\tIf a deceased licence or permit holder was, immediately before his or her death, registered as the master of a boat that may be used under the licence or permit—\n\t(a)\tthe boat may, while the licence or permit remains vested in the personal representative of the deceased, continue to be used for the purpose of engaging in fishing activities under the licence or permit if it is in the charge of a person who is acting with the consent of the Minister and in accordance with the conditions of that consent; and\n\t(b)\ta person so acting will be taken to be acting under section 53(b)(ii).\n\t(8)\tA licence or permit that vests in the personal representative of a deceased licence or permit holder will, if it is not transferred within 2 years after the death of the licence or permit holder or such further period as may be approved by the Minister, be suspended pending such transfer.\n\t(9)\tIn this section—\npersonal representative means—\n\t(a)\tthe executor of the will or administrator of the estate of the deceased licence or permit holder; or\n\t(b)\tin relation to any period for which there is not an executor or administrator—the Public Trustee.\n58—Acquisition of licences etc by Minister\n\t(1)\tIf under a management plan for a fishery, the share of aquatic resources allocated between different fishing sectors is adjusted so that the share allocated to holders of licences in respect of the fishery is reduced and the share allocated to persons who do not hold such licences is increased, the Minister may, for the purpose of giving effect to the adjustment, acquire licences in respect of the fishery or entitlements under such licences.\n\t(2)\tAn acquisition under subsection (1) must be made in accordance with the regulations.\n\t(3)\tRegulations made for the purposes of this section may—\n\t(a)\tprovide for a scheme of acquisition by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose licences or entitlements are compulsorily acquired; and\n\t(b)\tprescribe the method of calculation of amounts payable for the acquisition of licences or entitlements or as compensation for their compulsory acquisition; and\n\t(c)\tprovide for a process of objection and appeal in relation to the payment of compensation under the regulations.\n59—Obligation to carry authority and identification while engaging in fishing activities\n\t(1)\tSubject to the regulations, the holder of a licence or permit (being a natural person) must, at all times when he or she is engaging in any fishing activity under the licence or permit, carry with him or her—\n\t(a)\tthe licence or permit; and\n\t(b)\tidentification in the form issued by the Minister.\n\t(2)\tSubject to the regulations, if a registered boat is being used on any waters for any purpose, the person in charge of the boat must carry with him or her—\n\t(a)\tthe licence or permit under which the boat may be used for the purpose of taking aquatic resources; and\n\t(b)\tidentification in the form issued by the Minister.\n\t(3)\tSubject to the regulations, if a registered device is being used in or on any waters for any purpose—\n\t(a)\tif the device is not being used on or from a boat, the person using the device must carry with him or her—\n\t(i)\tthe licence or permit under which the device may be used; and\n\t(ii)\tidentification in the form issued by the Minister;\n\t(b)\tin any other case, the person in charge of the boat must carry with him or her—\n\t(i)\tthe licence or permit under which the device may be used; and\n\t(ii)\tidentification in the form issued by the Minister.\nDivision 2—Aboriginal traditional fishing\n60—Management of aboriginal traditional fishing\n\t(1)\tThe Minister and a native title group that is party to an indigenous land use agreement may make an aboriginal traditional fishing management plan under the agreement for the management of specified aboriginal traditional fishing activities in a specified area of waters.\n\t(2)\tAn aboriginal traditional fishing management plan under an indigenous land use agreement must—\n\t(a)\tbe consistent with—\n\t(i)\tthe agreement; and\n\t(ii)\tthe objects of this Act; and\n\t(iii)\tany management plan under Part 5 that relates to the area of waters to which the plan applies; and\n\t(b)\tinclude the management objectives of the plan; and\n\t(c)\tspecify the management tools and other measures to be used to achieve the management objectives; and\n\t(d)\tidentify the area of waters to which the plan applies; and\n\t(e)\tidentify any fisheries constituted in relation to those waters; and\n\t(f)\tspecify the classes of aboriginal traditional fishing activities that are authorised by the plan; and\n\t(g)\tidentify, or provide a mechanism for identifying, the classes of persons who are authorised to engage in aboriginal traditional fishing activities under the plan; and\n\t(h)\tprovide a method for determining how aboriginal traditional fishing activities may be distinguished from other kinds of fishing activities; and\n\t(i)\tprovide for any other matter relating to aboriginal traditional cultural fishing as required by the agreement.\n\t(3)\tThe Minister must cause notice of an aboriginal traditional fishing management plan made under an indigenous land use agreement to be published in the Gazette fixing the date on which the plan will take effect.\n61—Availability and evidence of aboriginal traditional fishing management plans\n\t(1)\tCopies of each aboriginal traditional fishing management plan must be kept available for inspection and purchase by the public during ordinary office hours at a place or places determined by the Minister.\n\t(2)\tIn legal proceedings, evidence of the contents of an aboriginal traditional fishing management plan may be given by production of a document certified by the Minister as a true copy of the plan.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.\nDivision 3—Processing\n62—Obligation of fish processors to be registered\n\t(1)\tA person must not act as a fish processor unless he or she is registered as a fish processor under this Division.\n\t(2)\tHowever, a person is not required to be registered as a fish processor if—\n\t(a)\tthe person only processes aquatic resources obtained from a registered fish processor; or\n\t(b)\tthe person—\n\t(i)\tis the holder of a fishery authority or aquaculture licence; and\n\t(ii)\tonly processes aquatic resources taken under the fishery authority, or aquatic resources farmed under the aquaculture licence (as the case may be) for sale to a registered fish processor or directly to persons who consume such aquatic resources; or\n\t(c)\tthe person belongs to a prescribed class of persons.\n\t(3)\tA registered fish processor must not use any premises, place, boat or vehicle for or in connection with processing, storing, transporting or dealing with aquatic resources unless the premises, place, boat or vehicle is specified in the certificate of registration.\n\t(4)\tAquatic resources present in any premises, place, boat or vehicle specified in the certificate of registration of a registered fish processor will be taken to be present for a commercial purpose.\n63—Classes of registration\n\t(1)\tThere are the following classes of registration of fish processor for the purposes of this Act:\n\t(a)\tfish processors registration—registration authorising a person—\n\t(i)\tto engage in any activity involved in processing aquatic resources for the purposes of trade or business; and\n\t(ii)\tto store, transport and deal with aquatic resources for the purposes of trade or business;\n\t(b)\trestricted registration—registration as a fish processor subject to conditions limiting the activities authorised under the registration—\n\t(i)\tto the storage of aquatic resources; or\n\t(ii)\tto the transport of aquatic resources; or\n\t(iii)\tto the buying and selling of aquatic resources on behalf of another without ever taking physical possession of the aquatic resources; or\n\t(iv)\tto such activities involving the processing of aquatic resources as the Minister thinks fit.\n\t(2)\tConditions limiting the activities that may be carried out under the authority of registration—\n\t(a)\tmay be imposed by the Minister on the grant of the registration; and\n\t(b)\tmay be varied or revoked by the Minister at any time on application by the registered fish processor.\n64—Applications for registration\n\t(1)\tAn application for registration as a fish processor must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tspecify the premises, places, boats and vehicles proposed to be used by the applicant for or in connection with processing, storing, transporting or dealing with aquatic resources; and\n\t(d)\tbe accompanied by the fee prescribed by the regulations or an instalment of the fee in accordance with the regulations.\n\t(2)\tAn applicant must provide the Minister with such evidence as the Minister thinks appropriate as to the identity, age and address of the applicant and any other information required by the Minister for the purposes of determining the application.\n\t(3)\tThe Minister may refuse to grant an application for registration in the following circumstances:\n\t(a)\tthe Minister is not satisfied the applicant is a fit and proper person to hold registration of the kind to which the application relates;\n\t(b)\tprescribed grounds for the refusal exist.\n\t(4)\tRegistration will not be granted by the Minister except on payment of the registration fee prescribed by the regulations or on payment (in accordance with the regulations) of an instalment of the registration fee.\n65—Conditions of registration\n\t(1)\tIt is a condition of registration as a fish processor that the processor will only process, store, transport or deal with aquatic resources of a class specified in the registration.\n\t(2)\tRegistration as a fish processor may be subject to such other conditions (in addition to conditions limiting the activities that may be carried out under the authority of the registration) as the Minister thinks fit and specifies in the registration.\n\t(3)\tThe Minister may at any time, by written notice given to a registered fish processor, vary or revoke a condition of the registration, or impose a further condition.\n\t(4)\tA registered fish processor must not contravene a condition of the registration.\n66—Duration of registration and periodic fee and return etc\n\t(1)\tRegistration remains in force (except for any period during which it is suspended) from the day on which it is granted—\n\t(b)\tfor a period (not exceeding 3 years) specified in the registration.\n\t(2)\tA registered fish processor must—\n\t(a)\tin each year, pay to the Minister the annual fee (in total or by instalments) in accordance with the regulations; and\n\t(b)\tlodge with the Minister periodic returns in accordance with the regulations.\n\t(3)\tIf a registered fish processor fails to pay the annual fee (or an instalment of the annual fee) in accordance with this section, the Minister may, by written notice, require the person to make good the default and, in addition, pay to the Minister the amount prescribed as a penalty for default.\n\t(4)\tIf a registered fish processor fails to comply with a notice under subsection (3), the Minister may, by further written notice, suspend the person's registration until the notice under that subsection has been complied with.\n\t(5)\tThe Minister will, on granting an application for registration, specify in the certificate of registration the premises, places, boats and vehicles proposed to be used by the registered fish processor for or in connection with processing, transporting, storing or dealing with aquatic resources.\n67—Misuse of authorities\nA person must not—\n\t(a)\texcept as contemplated by this Act or without other reasonable excuse, give any other person the possession or control of an authority that is not in the name of that other person; or\n\t(b)\texcept as contemplated by this Act or without other reasonable excuse, have in his or her possession or control an authority that is not in his or her name; or\n\t(c)\tby words or conduct, falsely represent that he or she is the person named in an authority.\n68—Issue of duplicate authority\nOn application by the holder of an authority and payment of the prescribed fee, the Minister may, if satisfied—\n\t(a)\tthat the authority has been lost, stolen or destroyed; or\n\t(b)\tthat other proper cause exists,\nissue to the holder a duplicate authority.\n69—Effect of suspension of authority\nWhile an authority is suspended under this Act it has no force or effect.\n","sortOrder":9},{"sectionNumber":"Part 7","sectionType":"part","heading":"Offences","content":"Part 7—Offences\nDivision 1—Offences relating to fishing activities\n70—Prescribed fishing activities prohibited\nA person must not engage in a fishing activity of a prescribed class.\n\t(a)\tif the fishing activity involves fish of a priority species—\n\t(i)\tfor a first offence—$10 000;\n\t(ii)\tfor a second offence—$20 000;\n\t(iii)\tfor a third or subsequent offence—$35 000;\n\t(i)\tfor a first offence—$5 000;\n\t(ii)\tfor a second offence—$10 000;\n\t(iii)\tfor a third or subsequent offence—$20 000.\nExpiation fee: A fee determined in accordance with the regulations.\n71—Taking, injuring etc aquatic mammals and protected species prohibited\n\t(1)\tA person must not—\n\t(a)\ttake an aquatic mammal or aquatic resource of a protected species; or\n\t(b)\tinjure, damage or otherwise harm an aquatic mammal or aquatic resource of a protected species.\n\t(a)\tif the offence involves an aquatic mammal—\n\t(i)\tin the case of a body corporate—$250 000;\n\t(ii)\tin the case of a natural person—$100 000 or imprisonment for 2 years;\n\t(i)\tfor a first offence—\n\t(A)\tin the case of a body corporate—$50 000;\n\t(B)\tin the case of a natural person—$10 000;\n\t(ii)\tfor a second or subsequent offence—\n\t(A)\tin the case of a body corporate—$100 000;\n\t(B)\tin the case of a natural person—$20 000.\nExpiation fee: In the case of an offence not involving an aquatic mammal—$500.\n\t(2)\tA person must not—\n\t(a)\tinterfere with, harass or molest an aquatic mammal or aquatic resource of a protected species; or\n\t(b)\tcause or permit interference with, harassment or molestation of, an aquatic mammal or aquatic resource of a protected species.\n\t(a)\tif the offence involves an aquatic mammal—\n\t(i)\tin the case of a body corporate—$250 000;\n\t(ii)\tin the case of a natural person—$100 000 or imprisonment for 2 years;\n\t(i)\tfor a first offence—\n\t(A)\tin the case of a body corporate—$50 000;\n\t(B)\tin the case of a natural person—$10 000;\n\t(ii)\tfor a second or subsequent offence—\n\t(A)\tin the case of a body corporate—$100 000;\n\t(B)\tin the case of a natural person—$20 000.\nExpiation fee: In the case of an offence not involving an aquatic mammal—$500.\n\t(3)\tIn proceedings for an offence against this section, it is a defence if the defendant proves—\n\t(a)\tthat the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or\n\t(b)\tthat the act alleged to constitute the offence was authorised by or under some other Act or law.\n\t(4)\tSubsection (3)(a) does not apply in relation to a person who is charged with an offence under section 120(1) or (1a).\n72—Sale, purchase or possession of aquatic resources without authority prohibited\n\t(1)\tSubject to this section, if a person sells or purchases an aquatic resource taken in waters to which this Act applies but not under an authority, the person is guilty of an offence.\n\t(i)\tif the offence involves the sale or purchase of fish of a priority species—$250 000;\n\t(i)\tif the offence involves the sale or purchase of fish of a priority species—$50 000 or imprisonment for 4 years;\n\t(ii)\tin any other case—$20 000 or imprisonment for 2 years.\n\t(2)\tSubject to this section, if a person sells or purchases, or has possession or control of—\n\t(a)\tan aquatic resource taken in contravention of this Act or a corresponding law; or\n\t(b)\tan aquatic resource of a protected species; or\n\t(c)\tan aquatic resource of a prescribed class,\nthe person is guilty of an offence.\n\t(i)\tif the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$250 000;\n\t(i)\tif the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$50 000 or imprisonment for 4 years;\n\t(ii)\tin any other case—$20 000.\n\t(3)\tIn proceedings for an offence against subsection (2)—\n\t(a)\tif it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of sale;\n\t(b)\tif it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control in circumstances in which it is reasonable to presume that the aquatic resources were taken by that person in waters to which this Act applies, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resources from such waters.\n\t(4)\tRegulations made for the purposes of subsection (2)(c) may prescribe a class of aquatic resource comprised of or including an aquatic resource taken elsewhere than in waters to which this Act applies.\n\t(5)\tIn proceedings for an offence against this section, it is a defence if the defendant proves—\n\t(a)\t—\n\t(i)\tthat the aquatic resources to which the proceedings relate—\n\t(A)\twere purchased from a person whose ordinary business was the selling of such aquatic resources; and\n\t(B)\twere purchased in the ordinary course of that business; or\n\t(ii)\tthat the defendant did not take the aquatic resources in contravention of this Act or a corresponding law; and\n\t(b)\tthat the defendant did not know, and had no reason to believe, that the aquatic resources were (as the case may be)—\n\t(i)\taquatic resources taken in waters to which this Act applies but not under an authority; or\n\t(ii)\taquatic resources taken in contravention of this Act or a corresponding law; or\n\t(iii)\taquatic resources of a protected species; or\n\t(iv)\taquatic resources of a prescribed class.\n\t(6)\tIn proceedings for an offence against subsection (2) relating to aquatic resources of a class prescribed for the purposes of that subsection, if it is proved—\n\t(a)\tthat the defendant was not—\n\t(i)\tthe holder of an authority authorising the taking of aquatic resources of that class; or\n\t(ii)\ta registered fish processor; and\n\t(b)\tthat the defendant sold or purchased or had possession or control of more than the prescribed quantity of aquatic resources of that class,\nthe offence is proved unless the defendant establishes the defence under subsection (5).\n\t(7)\tSubsection (2) does not apply where a person has possession or control of an aquatic resource of a protected species pursuant to a permit issued by the Minister.\n\t(8)\tThe Minister must not issue a permit for the purposes of subsection (7) unless of the opinion that it is in the public interest to do so.\n73—Possession of prescribed quantity of aquatic resource in prescribed circumstances\n\t(1)\tA person must not, in prescribed circumstances, have in his or her possession a quantity of fish or other aquatic resource exceeding the quantity fixed by the regulations for the purposes of this section.\n\t(a)\tif the fishing activity involves fish of a priority species—\n\t(i)\tfor a first offence—$10 000;\n\t(ii)\tfor a second offence—$20 000;\n\t(iii)\tfor a third or subsequent offence—$35 000;\n\t(i)\tfor a first offence—$5 000;\n\t(ii)\tfor a second offence—$10 000;\n\t(iii)\tfor a third or subsequent offence—$20 000.\n\t(2)\tIn proceedings for an offence against this section, it is a defence if the defendant proves that—\n\t(a)\tthe fish or other aquatic resource was taken for a commercial purpose under an authority; or\n\t(b)\tthe fish or other aquatic resource was kept under an aquaculture licence; or\n\t(c)\tthe person has a prescribed defence.\n74—Unauthorised trafficking in fish of priority species prohibited\n\t(1)\tA person must not, unless authorised to do so under this Act—\n\t(a)\ttraffic in a commercial quantity of fish of a priority species; or\n\t(b)\thave possession or control of a commercial quantity of fish of a priority species.\n\t(a)\tin the case of a body corporate—$500 000;\n\t(b)\tin the case of a natural person—$100 000 or imprisonment for 4 years.\n\t(2)\tIn proceedings for an offence against subsection (1), if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of trafficking.\ntraffic in fish includes—\n\t(a)\tsell fish; and\n\t(b)\ttake fish for sale; and\n\t(c)\treceive fish; and\n\t(d)\tprocess fish; and\n\t(e)\tengage in any act preparatory to an act referred to in a preceding paragraph.\n75—Interference with lawful fishing activities prohibited\n\t(1)\tA person must not, without reasonable excuse—\n\t(a)\tobstruct or interfere with a lawful fishing activity; or\n\t(b)\tinterfere with aquatic resources taken in the course of a lawful fishing activity.\n\t(2)\tIf a person is obstructing or interfering with a lawful fishing activity in contravention of subsection (1), the person must, at the request of a person engaged in the lawful fishing activity, cease or discontinue the obstructive conduct or interference or remove the obstruction.\n\t(3)\tA court by which a person is found guilty of an offence against this section may, whether or not a penalty is imposed, order the defendant to pay to a person affected by the commission of the offence such compensation as the court considers proper for loss or damage suffered by that person as a result of the commission of the offence.\n75A—Taking of cuttlefish in certain waters of Spencer Gulf\n\t(1)\tA person must not, except as authorised by a permit issued by the Minister, take cuttlefish (Sepia spp) in the waters of Spencer Gulf north of the line commencing at the Mean High Water Springs closest to 33°55′39.892″ South 136°34′20.163″ East (near Arno Bay) to the Mean High Water Springs closest to 33°55′39.896″ South 137°37′14.557″ East (Wallaroo Jetty).\n\t(2)\tIn this section all lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 2020 (GDA2020) as defined in the determination under section 8A of the National Measurement Act 1960 of the Commonwealth for the recognised‑value standard of measurement of position, and all coordinates are expressed in terms of GDA2020.\nDivision 2—Miscellaneous offences\n76—Entering etc aquatic reserve, or engaging in fishing activity in aquatic reserve, without authorisation prohibited\nExcept as authorised by the regulations or a permit issued by the Minister, a person must not—\n\t(a)\tenter or remain in an aquatic reserve; or\n\t(b)\tengage in a fishing activity in an aquatic reserve.\n77—Disturbance of water beds, or removal or interference with animals or plants, in aquatic reserve without authorisation prohibited\n\t(1)\tExcept as authorised by the regulations or a permit issued by the Minister, a person must not engage in an operation involving or resulting in—\n\t(a)\tdisturbance of the bed of any waters forming part of an aquatic reserve; or\n\t(b)\tremoval of or interference with aquatic or benthic animals or plants of any waters forming part of an aquatic reserve.\n\t(2)\tIn subsection (1)—\naquatic or benthic animals or plants includes mangroves but does not include a species of fin fish, shark, crustacean, mollusc, echinoderm, coelenterata or annelid prescribed for the purposes of this section.\n78—Unauthorised activities relating to exotic organisms or noxious species prohibited\n\t(1)\tA person must not, except as authorised by a permit issued by the Minister—\n\t(a)\tbring, or cause to be brought, into the State; or\n\t(b)\ttake from any waters; or\n\t(c)\tsell, purchase or deliver; or\n\t(d)\thave possession or control of,\naquatic resources of a noxious species.\n\t(2)\tA person must not, except as authorised by a permit issued by the Minister—\n\t(a)\trelease or permit to escape into any waters—\n\t(i)\texotic fish; or\n\t(ii)\taquaculture fish; or\n\t(iii)\tfish that have been kept apart from their natural habitat; or\n\t(b)\tdeposit in any waters—\n\t(i)\tfish of a kind referred to in paragraph (a); or\n\t(ii)\texotic aquatic plants.\n\t(a)\tin the case of a body corporate—$250 000;\n\t(3)\tThe Minister must, before making a decision on an application for a permit that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.\nDivision 3—Temporary prohibition of certain fishing activities etc\n79—Temporary prohibition of certain fishing activities etc\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare that it is unlawful for a person to engage in a fishing activity of a specified class during a specified period;\n\t(b)\tdeclare that it is unlawful for a person to have possession or control of aquatic resources of a specified species during a specified period;\n\t(c)\tvary or revoke such a declaration.\n\t(2)\tA declaration under subsection (1) remains in force for a period, not exceeding 12 months, specified in the declaration and may be renewed once for a further period not exceeding 12 months.\n\t(3)\tThe Minister must, on the request of the relevant Minister, make a declaration under subsection (1), or vary or revoke such a declaration, in relation to a fishing activity undertaken in respect of a specially protected area.\n\t(5)\tIf a request is made under subsection (4), notice of the direction must be published in the Gazette as soon as practicable.\n\t(6)\tIf, in the opinion of the Minister, it is necessary to take urgent action to safeguard public health or protect the aquatic resources of the State, the Minister, or a fisheries officer authorised by the Minister, may—\n\t(a)\tdirect a person or persons of a specified class to not engage in a fishing activity of a specified class during a specified period;\n\t(b)\tvary or revoke such a direction.\n\t(7)\tA direction or authorisation under subsection (6) must be given in written form unless the Minister or fisheries officer considers that impracticable by reason of the urgency of the situation, in which case, it may be given orally.\n\t(8)\tIf an authorisation is given orally, written notice of the authorisation must be given to the person to whom it relates as soon as practicable.\n\t(9)\tA person must not—\n\t(a)\tengage in a fishing activity in contravention of a declaration or direction under this section; or\n\t(b)\thave possession or control of aquatic resources in contravention of a declaration under this section.\n79A—Permits\n\t(1)\tA permit issued by the Minister for the purposes of this Part—\n\t(a)\tis not transferable; and\n\t(b)\tis subject to such conditions as the Minister thinks fit and specifies in the permit.\n\t(2)\tThe Minister may at any time, by written notice given to the holder of a permit, vary or revoke a condition of the authority, or impose a further condition.\n\t(3)\tThe holder of a permit issued for the purposes of this Part must not contravene a condition of the permit.\nPart 8—Enforcement\nDivision 1—Authorised persons\nSubdivision 1—Appointment of authorised persons\n80—Appointment of fisheries officers, scientific observers and sea rangers\n\t(1)\tThe Minister may appoint a suitable person to be a fisheries officer, scientific observer or sea ranger for the purposes of this Act.\n\t(2)\tA fisheries officer is not eligible for appointment as a scientific observer.\n\t(3)\tAn appointment under subsection (1) may be made subject to conditions limiting the area within which, or the purposes for which, the appointee may exercise the powers of a fisheries officer, scientific observer or sea ranger (as the case may be).\n\t(4)\tThe Minister must issue to an authorised person appointed under this section an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tspecifying that the person is a fisheries officer, scientific observer or sea ranger (as the case may be) for the purposes of this Act; and\n\t(c)\tstating any limitation on the person's authority.\n\t(5)\tSubject to this Act, an authorised person appointed under this section must, at the request of a person in relation to whom the authorised person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card.\n\t(6)\tIf a fisheries officer who is a police officer is not in uniform, the officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person his or her warrant card.\n\t(7)\tThe Minister may, by written notice served on a person appointed as an authorised person under this section—\n\t(a)\tvary or revoke a condition of an appointment imposed under subsection (3); or\n\t(b)\trevoke the appointment and require the person to return immediately his or her identity card to the Minister.\n\t(8)\tA person must not fail or refuse to comply with a requirement of the Minister made under subsection (7)(b).\nMaximum penalty: $250.\n","sortOrder":10},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Fisheries officers","content":"Subdivision 2—Fisheries officers\n81—General powers of fisheries officers\n\t(1)\tA fisheries officer may—\n\t(a)\tif the fisheries officer reasonably suspects—\n\t(i)\tthat any premises, land, waters, boat or vehicle is being, has been or is intended to be, used for, or in connection with, an activity regulated by this Act, at any time, enter, search and inspect and, where necessary for the purpose, break into or open a part of, or thing in, the premises, land, waters, boat or vehicle; or\n\t(ii)\tthat—\n\t(A)\tan offence against this Act has been, is being or is about to be committed on or in a boat, vehicle, train or aircraft; or\n\t(B)\tthere is on or in a boat, vehicle, train or aircraft evidence of an offence against this Act or a corresponding law,\nenter and search the boat, vehicle, vessel, train or aircraft; or\n\t(b)\tif the fisheries officer reasonably suspects that anything has been done or omitted to be done, or is intended to be done or omitted to be done, in contravention of this Act in relation to aquatic resources—attach to or implant in the aquatic resources identification devices and, where necessary for the purpose of finding or gaining access to the aquatic resources, break or open any receptacle or other thing in which the aquatic resources are or may be contained; or\n\t(c)\tif the fisheries officer reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to aquatic resources or that it affords evidence of an offence against this Act—seize and retain the aquatic resources; or\n\t(d)\tif the fisheries officer reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to any boat, vehicle, device, equipment or other thing, or that it affords evidence of an offence against this Act—seize and retain the boat, vehicle, device, equipment or other thing; or\n\t(e)\trequire a person who the fisheries officer reasonably suspects is engaging, is intending to engage, or has engaged, in an activity regulated by this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or\n\t(f)\trequire a person who the fisheries officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions about those matters; or\n\t(g)\trequire a person to produce documents, including a written record that reproduces in an understandable form, information stored by computer or other process; or\n\t(h)\texamine, copy or take extracts from documents or records so produced or require a person to provide a copy of any such document or record; or\n\t(i)\trequire a person holding an authority or required to hold an authority to produce the authority for inspection; or\n\t(j)\ttake photographs, films or video or audio recordings; or\n\t(k)\tgive directions required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tA fisheries officer may only exercise—\n\t(a)\tthe powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and\n\t(b)\tthe power conferred by subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate or justice.\n\t(3)\tHowever, a warrant is not required to exercise the power conferred by subsection (1)(a) in relation to non-residential premises if—\n\t(a)\tthe premises are used by a fish processor for, or in connection with, processing, storing, transporting or dealing with aquatic resources for the purposes of trade or business; or\n\t(b)\tthe fisheries officer has reason to believe that, in the circumstances, urgent action is required.\n\t(4)\tA warrant may not be issued unless the magistrate or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.\n\t(5)\tAn application for the issue of a warrant—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n\t(6)\tIf aquatic resources that are liable to seizure are contained in a receptacle or container, the receptacle or container and all its contents may be seized and retained.\n82—Power of fisheries officer to search persons for evidence of certain offences\n\t(1)\tIf a fisheries officer reasonably suspects that a person has on or about his or her body evidence of a prescribed offence, the fisheries officer may search the person.\n\t(2)\tIn searching a person under this section, a fisheries officer—\n\t(a)\tmay run his or her hands over the person's outer clothing; and\n\t(b)\tmay require the person to remove a coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and\n\t(c)\tif the fisheries officer sees or detects any thing that he or she reasonably suspects is, or contains, evidence of a prescribed offence, may require the person to surrender that item for inspection; and\n\t(d)\tmay use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and\n\t(e)\tmay inspect an item that a person has removed or surrendered, or that has been removed from a person; and\n\t(f)\tmust conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and\n\t(g)\tmust conduct the search as quickly as is reasonably practicable in the circumstances of the search.\n\t(3)\tA search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search.\n\t(4)\tA fisheries officer who conducts a search under this section must, as soon as possible after completing the search, make a written record of the search setting out—\n\t(a)\tthe grounds on which the search was conducted; and\n\t(b)\tthe time and place of the search; and\n\t(c)\tthe name of the person who conducted the search; and\n\t(d)\tthe name of the person who was searched; and\n\t(e)\tthe results of the search.\nprescribed offence means an offence against section 52, 72, 74, 78 or 119.\n83—Powers of fisheries officers relating to exotic aquatic organisms and aquaculture fish\n\t(1)\tThe Minister may authorise a fisheries officer in writing to take whatever action is, in the opinion of the Minister, necessary or desirable to—\n\t(a)\tsearch for and destroy exotic aquatic organisms or aquaculture fish; and\n\t(b)\tlimit the consequences of presence of the exotic aquatic organisms or aquaculture fish,\ndespite the fact that the action may constitute a trespass or cause loss or damage to property.\n\t(2)\tIf a fisheries officer reasonably suspects that an offence has been committed in relation to an exotic aquatic organism or aquaculture fish, the fisheries officer may—\n\t(a)\tsearch for and destroy the exotic aquatic organism or aquaculture fish and, for that purpose, may take whatever action is, in the opinion of the Minister, necessary or desirable; and\n\t(b)\ttake whatever action is, in the opinion of the Minister, necessary or desirable to limit the consequences of the offence or to ameliorate the damage caused by the offence,\ndespite the fact that the action may constitute a trespass or cause loss or damage to property.\n84—Power of fisheries officer to arrest persons without warrant\n\t(1)\tA fisheries officer may arrest a person without warrant if—\n\t(a)\tthe person hinders or assaults an authorised person, a person accompanying or assisting a fisheries officer or any other person engaged in the administration or execution of this Act; or\n\t(b)\tthe fisheries officer reasonably suspects that the person has committed an offence against this Act or a corresponding law and—\n\t(i)\twhen required to do so under section 81—\n\t(A)\tthe person failed to state truthfully his or her name or usual place of residence; or\n\t(B)\tthe person failed to produce true evidence of his or her identity; or\n\t(ii)\tthe fisheries officer has reasonable grounds for believing that the person would, if not arrested—\n\t(A)\tfail to attend court in answer to a summons issued in respect of the offence; or\n\t(B)\tcontinue the offence or repeat the offence; or\n\t(C)\talter, destroy, conceal or fabricate evidence relating to the offence; or\n\t(D)\tintimidate, harass, threaten or interfere with a person who may provide or produce evidence of the offence.\n\t(2)\tOn arresting a person under this section, the fisheries officer must immediately convey the person, or cause the person to be conveyed, to the nearest police station.\n\t(a)\ta person resists arrest under this section; or\n\t(b)\ta person who is arrested under this section escapes from lawful custody,\nthe person is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(4)\tA fisheries officer may use such reasonable force as is necessary for the effective exercise of the power conferred by subsection (1) or discharge of the duty imposed by subsection (2).\n85—Corresponding laws may confer powers and functions\n\t(1)\tA corresponding law may confer powers or functions on fisheries officers.\n\t(2)\tIf a power or function is conferred on fisheries officers under subsection (1), a fisheries officer may exercise the power or perform the function, as the case requires.\n86—Fisheries officer may be assisted in exercise of powers etc\n\t(1)\tA fisheries officer may, while acting in the exercise of powers or discharge of duties under this Act, be accompanied by any person and, if he or she reasonably believes that it is necessary in the circumstances, request a suitable person to assist him or her in the exercise or discharge of those powers or duties.\n\t(2)\tA person, while assisting a fisheries officer in response to a request for assistance, has and may exercise all such powers of a fisheries officer as are reasonably necessary for the purpose.\n\t(3)\tA fisheries officer may, if he or she believes that it is necessary for the purpose of enforcing the provisions of this Act, request the person in charge of a boat or vehicle to make the boat or vehicle available for his or her use.\n\t(4)\tIf a fisheries officer makes use of a boat or vehicle under subsection (3), the Minister may pay to the person who would otherwise have been entitled to the use of the boat or vehicle at that time such compensation as the Minister considers proper for any loss incurred as a result of the boat or vehicle being made available for use by the fisheries officer.\n","sortOrder":11},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Scientific observers","content":"Subdivision 3—Scientific observers\n87—Functions of scientific observer\n\t(1)\tA scientific observer has such functions as may be assigned to the scientific observer by the Minister under this section.\n\t(2)\tThe Minister may confer on a scientific observer either or both of the following functions:\n\t(a)\tto collect data about a fishery, fish habitat or aquatic resource;\n\t(b)\tto conduct scientific research in relation to a fishery, fish habitat or aquatic resource.\n\t(3)\tA scientific observer may, at a reasonable time while aboard a registered boat on official duties—\n\t(a)\thave access to any part of the boat or any thing in or on the boat as may be necessary to carry out official duties; and\n\t(b)\treceive and transmit messages and communicate with the shore and other boats.\n\t(4)\tA scientific observer must, when carrying out official duties aboard a registered boat, have regard to the fishing activities being carried out on the boat.\n88—Placement of scientific observer on registered boat\n\t(1)\tThe Minister must give the holder of a fishery authority written notice of the Minister's intention to place a scientific observer on a registered boat used under the fishery authority.\n\t(2)\tThe notice must specify a period (commencing not earlier than the date specified in the notice) during which the registered boat must not be used under the fishery authority except while a scientific observer is aboard the boat.\n\t(3)\tA registered boat to which the notice relates must not, during the period specified in the notice, be used under a fishery authority unless a scientific observer is aboard the boat at all times while it is being so used.\n\t(4)\tIf subsection (3) is contravened, the registered owner of the boat and the registered master of the boat are each guilty of an offence.\nMaximum penalty: $20 000.\n","sortOrder":12},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Sea rangers","content":"Subdivision 4—Sea rangers\n89—Functions of sea ranger\nA sea ranger has such functions as may be assigned to the sea ranger by the Minister.\n","sortOrder":13},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 5—Miscellaneous\n90—Provisions relating to things seized\n\t(1)\tIf a thing is seized under this Part, the following provisions apply:\n\t(a)\tthe thing seized must be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister—\n\t(i)\ton application, authorises its release to the person from whom it was seized or a person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(i)(B)); or\n\t(ii)\tin the case of fish or another perishable thing, orders that it be forfeited to the Crown;\n\t(b)\tif proceedings for an offence against this Act related to the thing seized are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence, the court must consider the question of forfeiture and—\n\t(i)\tif the thing seized has not been forfeited by order of the Minister—\n\t(A)\torder that it be forfeited to the Crown; or\n\t(B)\twhere it has been released under paragraph (a)(i), order that it be forfeited to the Crown or order that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit; or\n\t(C)\tmake no order for forfeiture; or\n\t(ii)\tif the thing seized has been forfeited by order of the Minister—\n\t(A)\tconfirm the order for forfeiture; or\n\t(B)\tquash the order for forfeiture,\nas the court considers appropriate in the circumstances;\n\t(c)\tif—\n\t(i)\tthe thing seized has not been released under paragraph (a)(i); and\n\t(ii)\tproceedings for an offence against this Act related to the thing seized—\n\t(A)\tare not commenced within the prescribed period after its seizure; or\n\t(B)\tare commenced within the prescribed period after its seizure and the defendant is not found guilty of the offence; or\n\t(C)\tare commenced within the prescribed period after its seizure and the defendant is found guilty of the offence but either no order for forfeiture is made under paragraph (b)(i) or an order is made under paragraph (b)(ii) quashing the order for forfeiture,\nthe person from whom the thing was seized or a person who had legal title to it at the time of its seizure is entitled to recover, by action in a court of competent jurisdiction—\n\t(iii)\tif the thing seized has not been forfeited by order of the Minister—the thing itself or, if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure; or\n\t(iv)\tif the thing seized has been forfeited by order of the Minister—compensation of an amount equal to its market value at the time of its seizure or, if it has been sold, the amount realised by its sale;\n\t(d)\tdespite paragraph (c), if fish or another perishable thing is seized in relation to an expiable offence and the offence is expiated—\n\t(i)\tthe fish or other perishable thing is, if it has not already been forfeited to the Crown by order of the Minister, forfeited to the Crown by force of this paragraph; and\n\t(ii)\twhether it has been forfeited by order of the Minister or under this paragraph, no compensation may be recovered in respect of the fish or other perishable thing by a person;\n\t(e)\tif the thing seized is forfeited to the Crown under this section, it may be disposed of by sale, destruction or otherwise as the Minister directs;\n\t(f)\tif compensation is payable under this subsection, the money required for that purpose must be paid out of the Fund.\n\t(2)\tDespite subsection (1), if—\n\t(a)\ta fisheries officer finds a device for taking fish unattended and, under this section, seizes the device and fish caught or trapped by the device; and\n\t(b)\tthe owner of the device is unknown,\nthe following provisions apply:\n\t(c)\tthe Minister may order that the fish (if any) be forfeited to the Crown, in which case, the fish may be disposed of by sale, destruction or otherwise as the Minister directs and any proceeds of sale must be paid into the Fund;\n\t(d)\tnotice of the seizure of the device must be given in accordance with the regulations;\n\t(e)\tif, after the expiration of 1 month from the giving of the notice, the owner remains unknown and the Minister determines that there is reason to believe that the device had been, was being, or was intended to be, used in contravention of this Act, the Minister may order that it be forfeited to the Crown, in which case it may be disposed of by sale, destruction or otherwise as the Minister directs and any proceeds of sale must be paid into the Fund.\nprescribed period means 12 months or such longer period as the court may, on application by the Minister, allow.\n91—Offence to hinder etc authorised persons\n\t(1)\tA person must not—\n\t(a)\thinder or use abusive, threatening or insulting language to an authorised person, a person accompanying or assisting a fisheries officer or another person engaged in the administration of this Act; or\n\t(b)\tfail to comply with a requirement made of the person by a fisheries officer under section 81; or\n\t(c)\tfail to comply with a direction given to the person by a fisheries officer under section 81; or\n\t(d)\tin response to a requirement made of the person by a fisheries officer under section 81(1)(e)—\n\t(i)\tstate a name or address that is false; or\n\t(ii)\tproduce false evidence of his or her identity; or\n\t(e)\tin response to a requirement made of the person by a fisheries officer under section 81(1)(f)—fail to give information or answer a question to the best of the person's knowledge, information or belief; or\n\t(f)\tin response to a requirement made of the person by a fisheries officer under section 81(1)(g)—produce a document or record that the person knows, or ought to know, is false or misleading in a material particular; or\n\t(g)\tby words or conduct, falsely represent that the person is an authorised person.\n\t(2)\tA person must not assault an authorised person, a person accompanying or assisting a fisheries officer or another person engaged in the administration of this Act.\nMaximum penalty: $10 000 or imprisonment for 2 years.\nDivision 2—Orders made by Minister\n92—Protection orders\n\t(1)\tThe Minister may issue a protection order under this Division for the purpose of securing compliance with this Act.\n\t(2)\tA protection order—\n\t(a)\tmust be in the form of a written notice served on the person to whom the notice is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(d)\tmay impose any requirement reasonably required for the purpose for which the order is issued, including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister;\n\t(ii)\ta requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action in a specified way and within a specified period;\n\t(iv)\ta requirement that the person comply with any specified code or standard prepared or published by the Minister or by another specified body;\n\t(v)\ta requirement that the person undertake specified tests or monitoring;\n\t(vi)\ta requirement that the person provides the Minister with specified results or reports;\n\t(vii)\ta requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and\n\t(e)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(3)\tA fisheries officer may, if of the opinion that urgent action is required for the protection of a fish habitat, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the fish habitat.\n\t(4)\tAn emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised immediately of the person's right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency protection order is issued orally, the fisheries officer who issued it must confirm it in writing at the earliest opportunity by written notice given to the person to whom it applies.\n\t(6)\tIf an emergency protection order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written protection order issued by the Minister and served on the relevant person.\n\t(7)\tThe Minister or a fisheries officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other protection order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.\n\t(8)\tThe Minister may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order.\n\t(9)\tA person to whom a protection order is issued must comply with the order.\n93—Action on non-compliance with protection order\n\t(1)\tIf the requirements of a protection order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAction may be taken on the Minister’s behalf by a fisheries officer or another person authorised by the Minister for the purpose.\n\t(3)\tA person taking action under this section may enter any relevant place or vehicle at any reasonable time.\n\t(4)\tThe reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the protection order.\n\t(5)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by written notice to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the protection order is registered under this Division.\n94—Reparation orders\n\t(1)\tIf the Minister is satisfied that a person has caused harm to a fish habitat by contravention of this Act, the Minister may issue a reparation order requiring the person—\n\t(a)\tto take specified action within a specified period to make good any resulting damage to the fish habitat; or\n\t(b)\tto make a payment or payments into an approved account to enable action to be taken to address any resulting damage to the fish habitat,\nor both.\n\t(2)\tA reparation order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(d)\tmay include requirements for action to be taken to prevent or mitigate further harm to the fish habitat, or for a plan of action to be prepared to the satisfaction of the Minister; and\n\t(e)\tmay include requirements for specified tests or monitoring; and\n\t(f)\tmay include requirements for providing to the Minister specified results or reports; and\n\t(g)\tmay include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and\n\t(h)\tin the case of an order requiring payment into an approved account, may provide that payments must occur in accordance with a scheme specified by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined); and\n\t(i)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(3)\tA fisheries officer may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2), other than a requirement for payment into an approved account.\n\t(4)\tAn emergency reparation order may be issued orally but, in that event, the person to whom it is issued must be advised immediately of the person's right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency reparation order is issued orally, the fisheries officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(6)\tIf an emergency reparation order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written reparation order issued by the Minister and served on the relevant person.\n\t(7)\tThe Minister or a fisheries officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other reparation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.\n\t(8)\tThe Minister may, by written notice served on a person to whom a reparation order has been issued, vary or revoke the order.\n\t(9)\tA person to whom a reparation order is issued must comply with the order.\nMaximum penalty: $50 000.\n95—Action on non-compliance with reparation order\n\t(1)\tIf the requirements of a reparation order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAction taken by the Minister under subsection (1) may be taken on the Minister's behalf by a fisheries officer or another person authorised by the Minister for the purpose.\n\t(3)\tA person taking action under this section may enter any relevant place or vehicle at any reasonable time.\n\t(4)\tThe reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the reparation order.\n\t(5)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by written notice to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation order is registered under this Division.\n96—Reparation authorisations\n\t(1)\tIf the Minister is satisfied that a person has caused harm to a fish habitat by contravention of this Act, the Minister may (whether or not a reparation order has been issued to the person) issue a reparation authorisation under which fisheries officers or other persons authorised by the Minister for the purpose may take specified action on the Minister's behalf to make good any resulting damage to the fish habitat.\n\t(2)\tA reparation authorisation—\n\t(a)\tmust be in the form of a written notice; and\n\t(b)\tmust specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person); and\n\t(d)\tmay include authorisation for action to be taken to prevent or mitigate further harm to the fish habitat.\n\t(3)\tThe Minister must, as soon as practicable after issuing a reparation authorisation, serve a copy of the authorisation on the person alleged to have caused the harm.\n\t(4)\tThe Minister may, by written notice, vary or revoke a reparation authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the harm.\n\t(5)\tIf a person other than a fisheries officer is authorised to take action under subsection (1), the following provisions apply:\n\t(a)\tthe Minister must issue the person with an instrument of authority;\n\t(b)\tthe person may exercise such powers of a fisheries officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to a fisheries officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of a fisheries officer.\n\t(6)\tA person taking action under a reparation authorisation may enter any relevant place or vehicle at any reasonable time.\n\t(7)\tThe reasonable costs and expenses incurred by the Minister in taking action under a reparation authorisation may be recovered by the Minister as a debt from the person who caused the relevant harm.\n\t(8)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by written notice to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation authorisation is registered under this Division.\n97—Related matters\n\t(1)\tThe Minister should, so far as is reasonably practicable, consult with any other public authority that may also have power to act with respect to the particular matter before the Minister issues a protection order, reparation order or reparation authorisation under this Division.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tif action is being taken under this Act as a matter of urgency; or\n\t(b)\tin any other circumstance of a prescribed kind.\n\t(3)\tA person cannot claim compensation from—\n\t(a)\tthe Minister or the Crown; or\n\t(b)\ta fisheries officer; or\n\t(c)\ta person acting under the authority of the Minister or a fisheries officer,\nin respect of a requirement imposed under this Division or on account of any act or omission undertaken or made in the exercise (or purported exercise) of a power under this Division.\n98—Registration of orders or authorisations by Registrar-General\n\t(1)\tIf—\n\t(a)\tthe Minister issues an order or authorisation under this Division; and\n\t(b)\tthe order or authorisation is issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land,\nthe Minister may apply to the Registrar-General for the registration of the order or authorisation in relation to that land.\n\t(2)\tAn application under this section must—\n\t(a)\tdefine the land to which it relates; and\n\t(b)\tcomply with any requirement imposed by the Registrar-General for the purposes of this section.\n\t(3)\tThe Registrar-General must—\n\t(a)\ton due application under subsection (2); and\n\t(b)\ton lodgement of a copy of the relevant order or authorisation,\nregister the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar-General thinks fit.\n\t(4)\tAn order or authorisation registered under this section is binding on each owner and occupier from time to time of the land.\n\t(5)\tThe Registrar-General must, on application by the Minister, cancel the registration of an order or authorisation in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar-General thinks fit.\n\t(6)\tThe Minister may, if the Minister thinks fit, apply to the Registrar-General for cancellation of the registration of an order or authorisation under this section in relation to land, and must do so—\n\t(a)\ton revocation of the order or authorisation; or\n\t(b)\tin respect of—\n\t(i)\tan order—\n\t(A)\ton full compliance with the requirements of the order;\n\t(B)\tif the Minister has taken action under this Division to carry out the requirements of the order—on payment to the Minister of any amount recoverable by the Minister in relation to the action so taken; or\n\t(ii)\tan authorisation—on payment to the Minister of any amount recoverable by the Minister under this Division in relation to the action taken in pursuance of the authorisation.\n99—Effect of charge\nA charge imposed on land under this Division has priority over—\n\t(a)\tany prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to registration under this Division of the relevant order or authorisation in relation to the land.\nDivision 3—Court orders\n100—Additional orders court can make on conviction\n\t(1)\tA court that convicts a person of an offence against this Act may, by order, in addition to imposing any other penalty, do 1 or more of the following as it thinks fit:\n\t(a)\timpose conditions on a specified authority, or vary conditions of a specified authority, held by the person;\n\t(b)\tsuspend a specified authority held by the person;\n\t(c)\tdisqualify the person from holding or obtaining an authority of a specified class;\n\t(d)\tdisqualify the person from being the director of a body corporate that holds an authority of a specified class;\n\t(e)\tprohibit the person from being in, on, or in the vicinity of, specified waters without a lawful purpose;\n\t(f)\tprohibit the person from any 1 or more of the following:\n\t(i)\tengaging in a fishing activity of a specified class;\n\t(ii)\tbeing in or on a specified boat, boats of a specified class or boats carrying devices of a specified class;\n\t(iii)\tbeing in or on any specified premises or place used in connection with the processing of aquatic resources;\n\t(iv)\thaving possession of devices of a specified class;\n\t(v)\thaving possession of fish or other aquatic resources of a specified class.\n\t(2)\tAn order under subsection (1) may be made either on the court's own initiative or on the application of the prosecution.\n101—Orders ERD Court may make on application by Minister\nThe ERD Court may, on application by the Minister, make an order of a kind referred to in section 100(1) against a person if the Court is satisfied that—\n\t(a)\tan order of that kind has been made against the person under a corresponding law; and\n\t(b)\tthe making of the order is justified in the circumstances of the case.\n102—Provisions relating to orders under this Division\n\t(1)\tThe court may stipulate that a suspension, disqualification or prohibition order under this Division is to apply—\n\t(a)\tpermanently; or\n\t(b)\tfor a specified period; or\n\t(c)\tuntil further order.\n\t(2)\tA person who contravenes an order under this Division is, in addition to liability for contempt of the order, guilty of an offence.\nMaximum penalty: $100 000.\n\t(3)\tIn proceedings for an offence against subsection (2) involving an alleged contravention of an order prohibiting a person from being in, on, or in the vicinity of, particular waters without a lawful purpose, the prosecution need not prove the absence of a lawful purpose and the burden is on the defendant to prove a purpose on which he or she relies.\n\t(4)\tIf an authority has been suspended under this Division, the authority may be renewed but remains subject to suspension until the expiration of the period of suspension.\n\t(5)\tIf an appeal has been instituted against a conviction, an order made under this Division by the convicting court is suspended until determination of the appeal.\nDivision 4—Demerit points scheme\n103—Interpretation\n\t(1)\tIn this Division—\nassociate of a person means—\n\t(a)\ta relative of the person or of the person's spouse or domestic partner; or\n\t(b)\ta body corporate where the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or\n\t(c)\ta trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or\n\t(d)\tan employee, employer or partner of the person; or\n\t(e)\ta person declared by the regulations to be an associate of the other person for the purposes of this Division;\nbeneficiary of a trust includes an object of a discretionary trust;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\neligible transferee, in relation to an authority to be transferred, means a person who—\n\t(a)\tis not disqualified, or liable to disqualification, under this Act from holding or obtaining an authority; and\n\t(b)\tis not an associate of the holder of the authority;\nexpiate includes pay the amount payable in connection with an infringement notice or penalty notice issued under a law of another State in respect of an alleged offence;\nrelative of a person means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;\nrelevant interest has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nspouse—a person is the spouse of another if they are legally married.\n\t(2)\tIn this Division, a reference to an offence committed by a person includes a reference to an offence allegedly committed by a person that the person has expiated.\n104—Demerit points for certain offences\n\t(1)\tIf a person is found guilty of, or expiates, an offence against this Act of a kind prescribed by the regulations, the number of demerit points prescribed by the regulations in relation to that offence is, subject to this section, incurred by that person.\n\t(4)\tIf a person is found guilty of, or expiates, 2 or more offences arising from the same incident, demerit points are incurred only in respect of the offence (or 1 of the offences) that attracts the most demerit points.\n\t(5)\tDemerit points incurred or recorded by or in relation to a person under a corresponding law will be taken to be incurred by that person under this Division.\n\t(6)\tIf a court by which a person is found guilty of an offence is satisfied by evidence given on oath immediately on the finding of guilt that the offence is trifling, or that any other proper cause exists, it may order that a reduced number of demerit points, or no demerit points, are incurred by the person in respect of that offence.\n\t(6a)\tIn deciding whether any proper cause exists for the purposes of subsection (6), the court may have regard to any of the following matters:\n\t(a)\tthe circumstances in which the offence was committed;\n\t(b)\twhether, as a result of being found guilty of the offence, the person would be liable to be disqualified under section 105, and whether such disqualification would cause hardship to the person that is disproportionate to the offence;\n\t(c)\tany other cause as the court thinks proper in the circumstances.\n\t(7)\tThe Minister must cause the demerit points incurred by a person under this Division to be recorded against a fishery authority if—\n\t(a)\tthe person who incurred the demerit points is the holder of the fishery authority and the demerit points were incurred in relation to an offence committed or allegedly committed by the person against a prescribed provision of this Act; or\n\t(b)\tthe person who incurred the demerit points is the registered master of a boat registered for use under the fishery authority and the demerit points were incurred in relation to an offence committed or allegedly committed by the person against section 120(4).\n105—Consequences of certain number of demerit points being incurred by person or recorded against authority\n\t(1)\tIf a natural person has incurred an aggregate of 200 or more demerit points in respect of offences committed within a period of 5 years up to and including the most recent date on which the person committed an offence in respect of which the person incurred demerit points, the person is liable to be disqualified under this Division—\n\t(a)\tfrom holding or obtaining an authority; and\n\t(b)\tfrom being a director of a body corporate that holds an authority; and\n\t(c)\tfrom being registered as the master of a boat used pursuant to an authority,\nfor a period of 10 years.\n\t(2)\tIf a body corporate has incurred an aggregate of 200 or more demerit points in respect of offences committed within a period of 5 years up to and including the most recent date on which the body corporate committed an offence in respect of which the body corporate incurred demerit points—\n\t(a)\tthe body corporate; and\n\t(b)\teach director of the body corporate,\nis liable to be disqualified under this Division from holding or obtaining an authority for a period of 10 years.\n\t(a)\tan aggregate of 200 or more demerit points are recorded against a fishery authority in respect of offences committed within a 5 year period up to and including the most recent date on which an offence was committed in respect of which demerit points were recorded against the fishery authority; and\n\t(b)\tthe fishery authority is not transferable,\nthe fishery authority is liable to be cancelled under this Division.\n106—Notices to be sent by Minister when certain number of demerit points are incurred or recorded\n\t(1)\tThe Minister must notify a person when—\n\t(a)\tthe person has incurred a number of demerit points equal to or exceeding one-half of the number that results in the person becoming liable to be disqualified under section 105; or\n\t(b)\ta number of demerit points equal to or exceeding one-half of the number that results in an authority held by the person becoming liable to cancellation or compulsory acquisition under this Division are recorded against the authority.\n\t(2)\tNotice under this section must be in writing and may be given personally or sent by post.\n\t(3)\tThe operation of this Division is not affected by any failure to comply with subsection (1).\n107—Notices to be sent by Minister when person becomes liable to disqualification or authority is to be cancelled\n\t(1)\tIf a person is liable to be disqualified under section 105, the Minister must give the person notice of the disqualification.\n\t(2)\tIf a fishery authority is liable to cancellation under section 105, the Minister must give the holder of the authority notice of the cancellation.\n\t(3)\tA notice of disqualification must inform the person to whom it is given—\n\t(a)\tthat the person is disqualified—\n\t(i)\tfrom holding or obtaining an authority; and\n\t(ii)\tfrom being a director of a body corporate that holds an authority; and\n\t(iii)\tfrom being registered as the master of a boat used pursuant to an authority,\nfor a period of 10 years; and\n\t(b)\tthat any transferable authority held by the person—\n\t(i)\tmust, within 180 days after the date specified in the notice, be transferred to an eligible transferee; and\n\t(ii)\tis suspended until any such transfer has taken effect; and\n\t(iii)\tif not transferred as required by the notice, will be compulsorily acquired by the Minister in accordance with the regulations; and\n\t(c)\tthat any authority held by the person that is not transferable is cancelled.\n\t(4)\tNotice under this section must be in writing and may be given personally or sent by post.\n108—Disqualification etc and discounting of demerit points\n\t(1)\tA disqualification or cancellation under this Division takes effect on the day specified in the notice of disqualification or cancellation given under section 107.\n\t(2)\tIf a transferable authority held by a person to whom a notice of disqualification is given is not transferred as required by the notice, the Minister must acquire the authority compulsorily in accordance with the regulations.\n\t(3)\tAn authority that is compulsorily acquired under this section cannot subsequently be issued to—\n\t(a)\tthe person from whom it was so acquired; or\n\t(b)\tan associate of that person.\n\t(4)\tIf a person is given a notice of disqualification under section 107—\n\t(a)\tthe person is disqualified—\n\t(i)\tfrom holding or obtaining an authority; and\n\t(ii)\tfrom being a director of a body corporate that holds an authority; and\n\t(iii)\tfrom being registered as the master of a boat used pursuant to an authority,\nfor a period of 10 years; and\n\t(b)\tany transferable authority held by the person is, by force of this section, suspended until transferred in accordance with the notice; and\n\t(c)\tany authority held by the person that is not transferable is, by force of this section, cancelled.\n\t(5)\tIf a disqualification has taken effect under this section, the following demerit points are discounted:\n\t(a)\tall demerit points in respect of the offence that brought the aggregate of the demerit points to 200 or more (and led to the notice of disqualification being sent to the person under section 107);\n\t(b)\tall demerit points in respect of offences committed prior to the time at which the person committed that offence (whether or not the person had been found guilty of, or had expiated, those offences when the disqualification took effect).\n\t(6)\tIf an authority that is liable to compulsory acquisition is transferred as required under this Division, all demerit points recorded against the authority are discounted.\n109—Court not to take into account demerit points in determining penalty\nIn determining the penalty to be imposed on a person convicted of an offence against this Act, the court must not take into account the fact that, in consequence of the conviction, demerit points will be incurred by the person.\n","sortOrder":14},{"sectionNumber":"Div 5","sectionType":"division","heading":"Miscellaneous","content":"Division 5—Miscellaneous\n110—Additional penalty based on value of aquatic resources\n\t(1)\tSubject to subsection (2), this section applies to an offence against this Act involving the taking, sale or purchase, or possession or control, of aquatic resources.\n\t(2)\tThis section does not apply to an offence against section 78(1).\n\t(3)\tIf a person is convicted of an offence to which this section applies, the court must, in addition to imposing any other penalty prescribed by this Act, impose a penalty equal to—\n\t(a)\t5 times the amount determined by the convicting court to be the wholesale value of the aquatic resources at the time at which the offence was committed; or\n\t(b)\t$100 000,\nwhichever is the lesser amount.\n\t(4)\tFor the purposes of this section, aquatic resources taken in contravention of this Act or a corresponding law will be taken to have a wholesale value equivalent to that of aquatic resources of the same class taken lawfully.\n","sortOrder":15},{"sectionNumber":"Part 9","sectionType":"part","heading":"Review and appeals","content":"Part 9—Review and appeals\nDivision 1—Internal review\n111—Review of certain decisions of Minister\n\t(1)\tA person aggrieved by a decision of the Minister—\n\t(a)\tto refuse an application for the issue or renewal of an authority; or\n\t(b)\tto refuse an application for consent to transfer an authority; or\n\t(c)\tto impose conditions on an authority or vary a condition of an authority,\nmay, within 1 month of the day on which the decision is made, apply to the Minister for a review (an internal review) of the decision.\n\t(2)\tThe Minister must, if required by the applicant for the review, state in writing the reasons for the decision that is the subject of the application for review.\n\t(3)\tIf the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person, within 28 days of the making of the decision, requires the Minister to state the reasons in writing, the time for instituting a review runs from the time at which that person receives the written statement of those reasons.\n\t(4)\tAn application for a review must be made in accordance with the regulations.\n\t(5)\tThe Minister must review the decision that is the subject of an application for review under this section.\n\t(6)\tAn applicant for review must, if so required by the Minister—\n\t(a)\tappear personally before the Minister in support of the application; and\n\t(b)\tprovide any information sought by the Minister; and\n\t(c)\tverify information provided to the Minister by statutory declaration.\n\t(7)\tAn applicant for review may be assisted before the Minister by an agent or representative (not being a legal practitioner).\n\t(8)\tOn a review under this section, the Minister—\n\t(a)\tmay confirm or vary the decision under review or set aside the decision and substitute a new decision; and\n\t(b)\tmust provide the applicant for review with a written statement of the reasons for making the decision.\nDivision 2—External review\n112—External review\n\t(1)\tAn applicant for an internal review under Division 1 who is not satisfied with the decision of the Minister on the review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision.\n\t(2)\tAn application for a review by the Tribunal must be made within 28 days after the applicant receives the written statement of the reasons for making the decision that is to be the subject of a review by the Tribunal.\n113—Appeals to ERD Court against protection or reparation order\n\t(1)\tA person to whom a protection order or reparation order has been issued under Part 8 Division 2 may appeal to the ERD Court against the order or any variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tSubject to this section, an appeal must be made within 21 days after the order is issued or the variation is made.\n\t(4)\tThe Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by subsection (3).\n\t(5)\tUnless otherwise determined by the Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).\n\t(6)\tSubject to subsection (7), the institution of an appeal does not affect the operation of the order to which the appeal relates or prevent the taking of action to implement the order.\n\t(7)\tThe Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of an order if the Court is satisfied that it is appropriate to do so having regard to—\n\t(a)\tthe possible consequences to a fish habitat or aquatic resources and the interests of any persons who may be affected by the appeal; and\n\t(b)\tthe need to secure the effectiveness of the hearing and determination of the appeal.\n\t(8)\tAn order under subsection (7)—\n\t(a)\tmay be varied or revoked by the Court by further order; and\n\t(b)\tis subject to such conditions as are specified in the order; and\n\t(c)\thas effect until—\n\t(i)\tthe end of the period of operation (if any) specified in the order; or\n\t(ii)\tthe decision of the Court on the appeal comes into operation,\n\t(9)\tThe Court must not make an order under subsection (7) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.\n\t(10)\tThe Court may, on hearing an appeal under this section do one or more of the following:\n\t(a)\tconfirm, vary or revoke the order appealed against;\n\t(b)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n114—Constitution of ERD Court\nThe following provisions apply in respect of the constitution of the ERD Court when exercising jurisdiction under this Act:\n\t(a)\tthe Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Presiding Member of the Court so determines, be constituted of a Judge and 1 commissioner;\n\t(b)\tthe provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner in the same way as in relation to a full bench of the Court;\n\t(c)\tthe Court may not be constituted of or include a commissioner unless—\n\t(i)\tin a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or\n\t(ii)\tin any other case—at least 1 commissioner,\nis a commissioner who has been specifically designated by the Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act.\n","sortOrder":16},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\nDivision 1—General\n115—Exemptions\n\t(1)\tSubject to this section, the Minister may, by notice in the Gazette—\n\t(a)\texempt a person or class of persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of this Act; or\n\t(b)\tvary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition.\n\t(2)\tThe Minister must, before making an exemption that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.\n\t(4)\tThe Minister may not exempt a person or class of persons from a provision of a management plan or regulations for a fishery or an aboriginal traditional fishing management plan or regulations relating to aboriginal traditional fishing.\n\t(5)\tAn exemption under this section operates for a period (not exceeding 12 months) specified in the notice of exemption.\n\t(6)\tA person who contravenes a condition of an exemption is guilty of an offence.\n116—Registers\n\t(1)\tThe Minister must keep the following registers:\n\t(a)\ta register of authorities;\n\t(b)\ta register of exemptions;\n\t(c)\ta register of persons who have been disqualified under this Act from holding or obtaining an authority;\n\t(d)\ta register of persons who have been disqualified under this Act from being registered as the master of a boat used pursuant to an authority;\n\t(e)\ta register of persons who have been disqualified under this Act from being the director of a body corporate that holds an authority.\n\t(2)\tThe register of authorities must include, in relation to each authority—\n\t(a)\tthe full name and postal address of each person in whose name the authority is held; and\n\t(b)\tin the case of an authority held in the name of a body corporate—the full name and postal address of each director of the body corporate; and\n\t(c)\tparticulars of any conditions to which the authority is subject; and\n\t(d)\tthe number of demerit points recorded against the authority; and\n\t(e)\tin the case of a fishery authority—\n\t(i)\tthe full name and postal address of the registered master of a boat registered for use under the authority; and\n\t(ii)\tparticulars of any boat registered for use under the authority; and\n\t(iii)\tparticulars of any device registered for use under the authority; and\n\t(iv)\tparticulars of any quota entitlements under the authority; and\n\t(v)\ta history of all transfers of the authority made since the commencement of this Act; and\n\t(vi)\tin the case of a fishery licence—any notation that a person specified by the holder of the licence has an interest in the licence; and\n\t(vii)\tinformation prescribed by the regulations; and\n\t(viii)\tany other information as the Minister thinks fit.\n\t(3)\tThe register of exemptions must include, in relation to each exemption—\n\t(a)\tthe full name and postal address of each person to whom the exemption applies; and\n\t(b)\tparticulars of any condition to which the exemption is subject; and\n\t(c)\tinformation prescribed by the regulations; and\n\t(d)\tany other information as the Minister thinks fit.\n\t(4)\tThe registers referred to in subsection (1)(c), (d) and (e)—\n\t(a)\tmust not include any person who is dead; and\n\t(b)\tmust include, in relation to each person on the register—\n\t(i)\tthe full name and postal address of the person; and\n\t(ii)\tthe date on which the disqualification took effect.\n\t(5)\tThe Minister must, on application by the holder of a fishery licence and payment of the prescribed fee, make a notation on the register of authorities that a specified person nominated by the holder of the licence has an interest in the licence.\n\t(6)\tIf the register of authorities includes a notation that a specified person has an interest in a fishery licence—\n\t(a)\twhere proceedings for an offence against this Act are commenced against the holder of the licence or a registered master of a boat used under the licence, the Minister must give or cause to be given to the person specified in the notation written notice setting out particulars of the alleged offence; and\n\t(b)\tthe Minister must, on application by that person, remove that notation from the register.\n\t(7)\tThe registers will be kept in a manner and form determined by the Minister.\n\t(8)\tThe registers must be kept available for inspection, without fee, by members of the public—\n\t(a)\tduring ordinary office hours at a public office, or public offices, determined by the Minister; and\n\t(b)\ton a web site determined by the Minister.\n\t(9)\tA member of the public may, on payment of the prescribed fee, obtain a copy of any part of a register kept under this Act.\n117—Recovery of fees, levies and other amounts\nA fee, levy or other amount payable under this Act is recoverable by action in a court of competent jurisdiction as a debt due to the Minister.\n118—Statutory declarations\nIf a person is required under this Act to provide information to the Minister, the Director or a prescribed authority, the Minister, Director or prescribed authority (as the case may be) may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Minister, Director or prescribed authority.\n119—False or misleading statement or information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\n\t(a)\tif the case where the offence involved the making of a false or misleading statement, or the provision of false or misleading information, relating to a quota entitlement under a fishery authority—\n\t(i)\tif the offender is a body corporate—$300 000;\n\t(ii)\tif the offender is a natural person—$60 000;\n\t(i)\tif the offender is a body corporate—$100 000;\n\t(ii)\tif the offender is a natural person—$20 000.\n120—Offences committed by bodies corporate or agents, or involving registered boats\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(1a)\tIf a body corporate is guilty of an offence against this Act (other than a prescribed offence or an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n\t(1b)\tSubsection (1a) does not apply if the principal offence is an offence against section 59, 67, 73, 75, 76, 77, 84, 88 or 91.\n\t(2)\tIf a person is guilty of an offence against this Act committed while he or she was acting as the agent of another person, that other person is guilty of an offence and liable to the same penalty as is prescribed for the principal offence.\n\t(3)\tIf a registered boat is used in or in connection with the commission of an offence against this Act, the registered owner of the boat is guilty of an offence and liable to the same penalty as is prescribed for the principal offence.\n\t(4)\tWithout limiting the effect of this section—\n\t(a)\tif the registered master of a registered boat is not the registered owner and—\n\t(i)\tthe registered master, while on the boat, does or omits to do an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act; or\n\t(ii)\tthe registered master does or omits to do, in relation to a fishing activity conducted by use of the boat, an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act,\nthe registered owner is guilty of an offence and liable to the same penalty as is prescribed for the principal offence or to the penalty to which the registered owner would be liable if the act or thing, if done or omitted to be done by him or her, constituted an offence against this Act;\n\t(b)\tif—\n\t(i)\tan employee or other agent of the registered owner or the registered master, while on the boat, does or omits to do an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act; or\n\t(ii)\tan employee or other agent of the registered owner or the registered master does or omits to do, in relation to a fishing activity conducted by use of the boat, an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act,\nthen—\n\t(iii)\tthe registered owner is guilty of an offence and liable to the same penalty as is prescribed for the principal offence or to the penalty to which the registered owner would be liable if the act or thing, if done or omitted to be done by him or her, constituted an offence against this Act; or\n\t(iv)\tif the registered owner is not the registered master, the registered owner and the registered master are each guilty of an offence and liable to the same penalty as is prescribed for the principal offence or to the penalty to which the registered owner would be liable if the act or thing, if done or omitted to be done by him or her, constituted an offence against this Act.\n\t(5)\tThe regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations.\n\t(6)\tIn this section—\nprescribed offence means—\n\t(a)\tan offence against section 52, 53, 72, 74, 78 or 102; or\n\t(b)\tan offence against section 71 that involves an aquatic mammal.\n121—Commencement of prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Director of Public Prosecutions, at any later time within 5 years after the date of the alleged commission of the offence.\n\t(2)\tAn apparently genuine document purporting to be signed by the Director of Public Prosecutions authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n122—Self-incrimination\nIf a natural person is required to give information, answer a question or produce, or provide a copy of, a document or record under Part 8 and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty other than proceedings in respect of the making of a false or misleading statement or declaration.\n123—Rewards\nThe Minister may pay a reward, not exceeding the prescribed amount, to a person who provides information leading to the conviction of a person for an offence against this Act.\n124—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act or the repealed Act must not divulge or communicate information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration of this Act, the repealed Act or a corresponding law; or\n\t(d)\tto a law enforcement, prosecution or administrative authority of any Australian jurisdiction, where the information is required for the proper administration or enforcement of an Act or law of such a jurisdiction; or\n\t(e)\tfor the purposes of any legal proceedings arising out of the administration of this Act, the repealed Act or a corresponding law.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\n\t(4)\tDespite any other law to the contrary, the Minister, the Director or any other person to whom a return is provided under this Act by the holder of a fishery licence or other authority cannot be required by subpoena or otherwise to produce to a court or the Tribunal any information contained in such a return.\nAustralian jurisdiction means the Commonwealth or a State or Territory of the Commonwealth.\n125—Service\n\t(1)\tA notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax transmission or e-mail to a fax number or e-mail address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n126—Evidentiary provisions\n\t(1)\tIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—\n\t(a)\tthat a person named in the certificate was or was not at a specified time the holder of a specified authority; or\n\t(b)\tthat a provision set out in the certificate was at a specified time a condition of a specified authority; or\n\t(c)\tthat a boat specified in the certificate was or was not at a specified time a registered boat; or\n\t(d)\tthat a person specified in the certificate was or was not at a specified time a registered master in relation to a specified boat; or\n\t(e)\tthat an amount specified in the certificate was at a specified time the wholesale value of a specified species of aquatic resource; or\n\t(f)\tthat the Minister had or had not consented to the use of a boat specified in the certificate in the place of a specified registered boat at a specified time; or\n\t(g)\tthat the Minister had or had not consented to a person specified in the certificate being in charge of a specified boat in the place of the registered master at a specified time,\nis, in the absence of proof to the contrary, proof of the matters certified.\n\t(2)\tIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by a fisheries officer certifying—\n\t(a)\tthat aquatic resources taken by, or in the possession or control of, a specified person, was, on a specified day, of a specified weight, measure or count; and\n\t(b)\tthat the weight, measure or count was determined by means of a prescribed procedure or by use of prescribed apparatus,\nis, in the absence of proof to the contrary, proof of the weight, measure or count of that aquatic resource.\n\t(3)\tIn proceedings for an offence against this Act, an allegation in the complaint—\n\t(a)\tthat a person named in the complaint was at a specified time a fisheries officer or scientific observer; or\n\t(b)\tthat aquatic resources in relation to which any act or omission is alleged to have been done or made was an aquatic resource of a specified species, sex, size or weight, or was an aquatic resource having any other specified characteristic; or\n\t(c)\tthat any purpose specified in the complaint was the purpose for which any act was done,\nis, in the absence of proof to the contrary, proof of the matter alleged.\n\t(4)\tIn proceedings for an offence against this Act, if it is proved that an aquatic resource was in the possession or control of a person on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed, in the absence of proof to the contrary, that the aquatic resource was taken by that person from such waters or area of waters on that day.\n\t(5)\tIn proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control any aquatic resource and a device capable of being used for taking such aquatic resource, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resource by means of that device on that day from such waters or area of waters.\n\t(6)\tIn proceedings for an offence against this Act, if it is proved that an aquatic resource was in a boat on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed in the absence of proof to the contrary, that the boat was used for the purpose of taking the aquatic resource from such waters or area of waters on that day.\n\t(7)\tIn proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control a device that is prohibited under this Act or the use of which is prohibited in such waters or area of waters, it will be presumed, in the absence of proof to the contrary, that the person had used that device for the purpose of taking aquatic resources in such waters or area of waters on that day.\n\t(8)\tIn proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by a fisheries officer or any other competent person will, in the absence of proof to the contrary, be accepted as proof of the distance, height, depth or position.\n\t(9)\tIn proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that a place or area described or indicated by him or her was within waters specified by or under this Act will, in the absence of proof to the contrary, be accepted as proof of the matter so stated.\n\t(10)\tIn proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that any packaging, label, slip or mark on the outside or inside of a receptacle, container, box or package of aquatic resources consigned for or on sale was marked with or contained the name or brand of any person will, in the absence of proof to the contrary, be accepted as proof that person consigned those aquatic resources for or on sale.\nDivision 2—Regulations\n127—General\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. \n\t(2)\tRegulations under this Act may—\n\t(a)\tmake provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations under this Act;\n\t(b)\tinclude evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences;\n\t(e)\tprescribe demerit points for offences against this Act;\n\t(f)\tprescribe expiation fees not exceeding $750 for alleged offences against the regulations;\n\t(g)\tsubject to subsection (3), prescribe fines not exceeding $20 000 for contravention of, or non-compliance with, a regulation.\n\t(2a)\tThe regulations may—\n\t(a)\tprescribe fees for the purposes of this Act and regulate the payment, refund, waiver or reduction of such fees; and\n\t(b)\tprescribe various methods for the calculation of various fees; and\n\t(c)\tprescribe fees which may be differential, varying according to any factor stated in the regulations; and\n\t(d)\tprescribe amounts payable for the late payment of fees under this Act.\n\t(3)\tA regulation made under section 128 may prescribe fines not exceeding $100 000 for contravention of, or non-compliance with, a regulation.\n\t(4)\tDemerit points prescribed by the regulations may be differential, varying according to any factor stated in the regulations.\n\t(5)\tA provision referred to in subsection (2)(a) may, if the regulations so provide, take effect from the date of assent to this Act or a later day.\n\t(6)\tTo the extent to which a provision referred to in subsection (2)(a) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or\n\t(b)\tto impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication.\n\t(7)\tThe regulations may adopt, wholly or partially and with or without modification—\n\t(a)\ta code relating to matters in respect of which regulations may be made under this Act; or\n\t(b)\tan amendment to such a code.\n\t(8)\tAny regulations adopting a code, or an amendment to a code, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.\n\t(9)\tThe regulations or a code adopted by the regulations may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Director or a prescribed authority.\n\t(10)\tIf a code, standard or other document is adopted under subsection (7) or (9) as it is in force from time to time, any alteration to the code, standard or other document will not take effect for the purposes of this Act—\n\t(a)\tbefore a day on which notice of the alteration is published by the Minister in the Gazette; and\n\t(b)\tif the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister.\n\t(11)\tIf—\n\t(a)\ta code is adopted by the regulations; or\n\t(b)\tthe regulations, or a code adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,\nthen—\n\t(c)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and\n\t(d)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and\n\t(e)\tthe code, standard or other document has effect as if it were a regulation made under this Act.\n128—Regulations relating to conservation and management of aquatic resources, management of fisheries and aquatic reserves and regulation of fishing\n\t(1)\tSubject to this section, the Governor may make regulations for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves and the regulation of fishing.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tmake provision for the management of a fishery (and without limiting the matters for which provision may be made)—\n\t(i)\tlimit the applications for licences or permits in respect of the fishery to those that may be considered by the Minister to those made during a specified period or to those made during a specified period after a call by the Minister for applications or otherwise;\n\t(ii)\tprescribe the maximum number of licences or permits that may be in force in respect of a fishery or that may be granted in relation to applications made during a specified period or during a specified period after a call for applications;\n\t(iii)\tprescribe qualifications that applicants for licences or permits in respect of the fishery must possess to be eligible to be granted the licences or permits and any other matters to which the Minister must have regard in determining eligibility for licences or permits in respect of the fishery;\n\t(iv)\tprescribe a procedure under which applicants for licences or permits in respect of the fishery who are eligible to be granted licences or permits may be selected for the available number of licences or permits;\n\t(v)\tprovide that no further licences or permits in respect of the fishery may be granted;\n\t(vi)\tprovide that only the holder of a licence or permit in respect of a fishery may be registered as the master of a boat used pursuant to the licence or permit;\n\t(vii)\tprescribe matters of which the Minister must be satisfied before granting the registration of a boat;\n\t(viii)\tprescribe and provide for any security to be given by the holder of a licence or permit in respect of a fishery for due compliance with the provisions of this Act;\n\t(ix)\tauthorise the transfer of licences in respect of the fishery or a class of licence in respect of the fishery;\n\t(x)\tprescribe matters of which the Minister must be satisfied before consenting to the transfer of a licence in respect of the fishery;\n\t(xi)\tprescribe matters that may be the subject of conditions of licences or permits in respect of the fishery;\n\t(xii)\tprescribe a quota system for the fishery and for that purpose (without limiting the matters which may be provided for)—\n\t(A)\trequire the Minister to fix a total allowable catch, or total allowable commercial catch, for the fishery, specify the method by which the total allowable catch, or total allowable commercial catch, is to be determined and prescribe the circumstances in which the total allowable catch, or total allowable commercial catch, may be varied by the Minister during a quota period;\n\t(B)\tprovide for the allocation of quota entitlements to holders of licences or permits in respect of the fishery;\n\t(xiii)\tin respect of a miscellaneous fishery provide for licences or permits of different kinds by empowering the Minister to impose conditions on the licences or permits limiting the class of fishing activities that may be engaged in pursuant to the licences or permits, limiting the term for which a licence or permit may remain in force or imposing any other limitation or restriction;\n\t(xiv)\tempower or require a court convicting the holder of a licence or permit in respect of the fishery of an offence of contravening or failing to comply with a condition of the licence or permit to order that the conditions of the licence or permit be varied by the Minister in the manner specified in the regulations;\n\t(b)\tmake provision for the rationalisation or restructuring of a fishery (other than by way of adjustments in allocations of aquatic resources referred to in section 58) and for that purpose (without limiting the matters for which provision may be made)—\n\t(i)\tprovide a scheme for the acquisition of licences or entitlements under licences by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose licences or entitlements are compulsorily acquired;\n\t(ii)\tprescribe the method of calculation of amounts payable for the acquisition of licences or entitlements or as compensation for their compulsory acquisition;\n\t(iii)\tprovide for a process of objection and appeal in relation to the payment of compensation under the regulations;\n\t(iv)\tprovide for the imposition of levies for the purpose of funding the costs of acquiring licences or entitlements;\n\t(c)\tidentify zones within an area of waters to which an aboriginal traditional fishing management plan applies—\n\t(i)\tto which entry by persons other than Aboriginal persons is restricted or prohibited;\n\t(ii)\twithin which fishing activities other than aboriginal traditional fishing activities are restricted or prohibited;\n\t(d)\trequire persons who engage in aboriginal traditional fishing activities, or aboriginal traditional fishing activities of a specified class, to hold a permit issued by the Minister and regulate the granting and renewal of permits, and the imposition of conditions on permits;\n\t(e)\trequire and regulate—\n\t(i)\tthe application or affixing of a mark or other distinguishing feature to registered boats and other boats of a prescribed class;\n\t(ii)\tthe removal of prescribed marks or other distinguishing features from boats that have ceased to be registered under this Act and other boats of a prescribed class;\n\t(f)\tprohibit, regulate or restrict the use of registered boats for recreational fishing;\n\t(g)\trequire and regulate the application or affixing of marks or other distinguishing features to devices and equipment used for or in connection with fishing activities;\n\t(h)\tprescribe and regulate the devices and equipment to be installed in or carried on boats used for fishing activities;\n\t(i)\tprohibit, restrict or regulate the carrying or possession of devices;\n\t(j)\trequire and provide for the registration of devices;\n\t(k)\tprescribe methods for determining the size or weight of fish or other aquatic resources;\n\t(l)\trestrict or regulate the treatment, handling, storage, movement or dealing by persons engaged in fishing activities of or with fish or other aquatic resources taken in the course of those fishing activities;\n\t(m)\tregulate fishing competitions;\n\t(n)\trequire persons engaged in fishing activities of a prescribed class to provide returns relating to those fishing activities and any matters ancillary or incidental to or connected with those fishing activities and make provision for the form and lodgment of the returns.\n\t(3)\tThe Governor may only make regulations relating to aboriginal traditional fishing on the recommendation of the Minister.\n\t(4)\tThe Minister may recommend the making of regulations relating to aboriginal traditional fishing if—\n\t(a)\tthe Minister is satisfied that the regulations are necessary or desirable for the purpose of giving effect to an aboriginal traditional fishing management plan made with a native title group under Part 6 Division 2; and\n\t(b)\tthe regulations are, in the opinion of the Minister, consistent with the plan and the indigenous land use agreement under which the plan was made; and\n\t(c)\tthe Minister has consulted the native title group and given due consideration to any comments made by the group in relation to the regulations.\n129—Regulations relating to processing of aquatic resources\n\t(1)\tThe Governor may make regulations for the regulation of processing of aquatic resources and matters ancillary or incidental to or connected with such processing, and, without limiting the generality of the foregoing, may by such regulations—\n\t(a)\tprescribe the records to be kept by fish processors;\n\t(b)\trequire fish processors to provide returns relating to the processing of aquatic resources and any matters ancillary or incidental to or connected with such processing;\n\t(c)\tregulate the manner in which and the means by which aquatic resources may be delivered, consigned or transported for processing;\n\t(d)\tregulate the manner in which aquatic resources are received and stored by fish processors, including the labelling of receptacles in which they are received and stored and the treatment of and dealing with processed aquatic resources;\n\t(e)\tprohibit or restrict the sale, purchase, possession or control by fish processors of aquatic resources of a prescribed class;\n\t(f)\tprohibit or regulate the use of boats in relation to the storage, processing, treatment of and dealing with aquatic resources;\n\t(g)\tprovide for the issue of seals and other marks for the labelling, and packages for the consignment, of processed aquatic resources;\n\t(h)\tempower fisheries officers to take samples of any products of aquatic resources of a prescribed class for the purpose of analysis and provide that no compensation is payable for the taking of such samples.\n\t(2)\tRegulations made under subsection (1)(e) may prescribe a class of aquatic resources comprised of or including aquatic resources taken elsewhere than in waters to which this Act applies.\n130—Regulations relating to control of exotic aquatic organisms and disease\nThe Governor may make regulations for the control of exotic aquatic organisms and the prevention, control and eradication of disease in aquatic resources, and, without limiting the generality of the foregoing, may by such regulations—\n\t(a)\trequire a person who carries on aquaculture or keeps aquatic resources to notify the Minister, the Director or a prescribed authority of the occurrence of disease or symptoms of disease in the aquatic resources farmed or kept by that person;\n\t(b)\tprohibit, restrict or regulate the bringing into the State or possession or control of aquatic resources that may be affected by disease;\n\t(c)\trequire a person who carries on aquaculture or keeps aquatic resources to provide returns relating to that activity and any matters ancillary or incidental to or connected with that activity;\n\t(d)\tregulate the disposal of water in which exotic aquatic organisms have been kept;\n\t(e)\tprescribe the powers of fisheries officers for the detection, prevention, elimination or control of disease in aquatic resources;\n\t(f)\tprescribe and provide for the measures to be taken and the powers of the Minister, the Director and other fisheries officers for the recovery, eradication or containment of exotic fish or other aquatic resources that have been released or have escaped into any waters, or exotic aquatic plants that have been deposited into any waters, or for the treatment of waters contaminated by water in which exotic aquatic organisms have been kept.\nDivision 3—Review of Act\n131—Review of Act by Minister\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted and a report on the results of the review to be submitted to him or her.\n\t(2)\tThe review must be undertaken after the tenth anniversary of the commencement of this Act and the report must be submitted to the Minister before the twelfth anniversary of that commencement.\n\t(3)\tThe Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.\n","sortOrder":17},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\nPart 2—Transitional provisions\n2—Minister\nThe body corporate constituted of the Minister under this Act is the same as the body corporate constituted of the Minister under the repealed Act.\n3—Commonwealth-State arrangements\nAn arrangement under Part 2 Division 3 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be an arrangement under Part 4 Division 2 of this Act.\n4—Fisheries officers\nA person appointed and holding office as a fisheries officer under the repealed Act immediately before the commencement of this clause, will on that commencement, be taken to be a fisheries officer appointed under this Act and any condition applying to the appointment of the officer under the repealed Act will be taken to continue to apply to the appointment under this Act.\n5—Fisheries and fishery licences\n\t(1)\tA fishery constituted under the repealed Act in existence immediately before the commencement of this clause will, on that commencement, be taken to be a fishery constituted under this Act and any regulations prescribing a scheme of management for the fishery under the repealed Act in force immediately before that commencement will, on that commencement, continue in force as if they were regulations for the management of the fishery made under this Act.\n\t(2)\tA fishery licence issued under section 34(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a fishery licence issued under section 52 of this Act and—\n\t(a)\tany conditions to which the licence was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the licence under this Act as if they had been imposed under this Act; and\n\t(b)\ta boat registered by endorsement of the licence under the repealed Act immediately before that commencement will be taken to be registered for use under the licence under this Act; and\n\t(c)\ta person registered as a master by endorsement of the licence under the repealed Act immediately before that commencement will be taken to be registered as a master of a boat that may be used under the licence under this Act; and\n\t(d)\ta device registered for use pursuant to the licence under the repealed Act immediately before that commencement will be taken to be registered for use pursuant to the licence under this Act.\n\t(3)\tA consent under section 34(2) of the repealed Act in force immediately before that commencement will be taken to continue in force as a consent under section 53(1) of this Act and any conditions that applied to the consent under the repealed Act immediately before that commencement will be taken to continue to apply to the consent under this Act.\n6—Fish processor registrations\nA person registered as a fish processor under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be registered as a fish processor under this Act and any restrictions, limitations or conditions that applied to the registration of the person under the repealed Act immediately before that commencement will be taken to continue to apply to the registration of the person under this Act as if they had been imposed under this Act.\n7—Temporary prohibitions of fishing activities\n\t(1)\tA declaration under section 43(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were a declaration under section 79(1) of this Act.\n\t(2)\tA direction under section 43(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were a direction under section 79(6) of this Act.\n\t(3)\tAn authorisation under section 43(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were an authorisation under section 79(6) of this Act.\n8—Aquatic reserves and marine parks\n\t(1)\tAny waters, or land and waters, constituting an aquatic reserve under section 47 of the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to constitute an aquatic reserve under section 4 of this Act.\n\t(2)\tAny waters, or land and waters, constituting a marine park under section 48 of the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to constitute an aquatic reserve under section 4 of this Act.\n9—Permits\n\t(1)\tA permit issued under section 48G(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 76 of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.\n\t(2)\tA permit issued under section 48G(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 77 of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.\n\t(3)\tA permit issued under section 49 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 78(1) of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.\n\t(4)\tA permit issued under section 50 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 78(2) of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.\n10—Exemptions\nAn exemption under section 59 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be an exemption under section 115 of this Act and any conditions to which the exemption was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the exemption under this Act as if they had been imposed under this Act.\n11—Register of authorities\nThe register of authorities maintained under the repealed Act continues in existence as the register of authorities under this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Fisheries Management Act 2007 repealed the following:\nFisheries Act 1982\nFisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987\nLegislation amended by principal Act\nThe Fisheries Management Act 2007 amended the following:\nAquaculture Act 2001\nCriminal Assets Confiscation Act 2005\nCriminal Law (Undercover Operations) Act 1995\nHarbors and Navigation Act 1993\nLivestock Act 1997\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Fisheries Management Act 2007\n8.3.2007\n1.9.2007 (Gazette 9.8.2007 p3298) except ss 6, 21—39, 51—59, 62—102, 110—116, Sch 1 (cll 1, 3—11) and Sch 2—1.12.2007 (Gazette 15.11.2007 p4241) and except ss 103—109—8.3.2009 (s 7(5) Acts Interpretation Act 1915)\n Marine Parks Act 2007\n29.11.2007\nSch 1 (cll 18—23)—6.11.2008 (Gazette 6.11.2008 p5055)\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 9 (s 29)—16.6.2011 (Gazette 16.6.2011 p2610)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 20 (ss 40 & 41)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Fines Enforcement and Recovery) Act 2013\n1.8.2013\nPt 7 (ss 33 & 34)—3.2.2014 (Gazette 30.1.2014 p422)\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 14 (s 84(1)—(3))—18.6.2015: s 2(2); ss 75—83 & 84(4)—1.7.2015 (Gazette 25.6.2015 p3076)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 12 (s 44)—19.3.2021 (Gazette 4.3.2021 p823)\n Statutes Amendment and Repeal (Simplify) Act 2017\nPt 12 (ss 55—62)—15.3.2017: s 2(1)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 17 (ss 86 to 91)—14.12.2017 (Gazette 12.12.2017 p4960)\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 18 (ss 33 to 40)—3.10.2019: s 2(1)\n Biosecurity Act 2025\n13.2.2025\nSch 6 (cll 2 to 5)—uncommenced\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cll 26 to 29)—uncommenced\nFisheries Management (Cuttlefish—Northern Spencer Gulf) Amendment Act 2025\n4.12.2025\n22.12.2025 (Gazette 18.12.2025 p4961)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\namended by 5/2025 Sch 6 cl 2\nPt 1\n\ns 2\ns 3\n\ns 3(1)\n\nFisheries Council or Council\ndeleted by 8/2015 s 75\nMinister for the Adelaide Dolphin Sanctuary\ndeleted by 60/2007 Sch 1 cl 18(1)\nMinister for the River Murray\ndeleted by 60/2007 Sch 1 cl 18(2)\nrelevant Act\ninserted by 60/2007 Sch 1 cl 18(3)\nrelevant Minister\ninserted by 60/2007 Sch 1 cl 18(3)\n\namended by 29/2025 Sch 5 cl 26(1)\nspecially protected area\ninserted by 60/2007 Sch 1 cl 18(4)\nthreatened fish\ninserted by 29/2025 Sch 5 cl 26(2)\nTribunal\ninserted by 51/2017 s 86\ns 5A\ninserted by 11/2011 s 29\nPt 2\n\ns 7\n\ns 7(4)\namended by 60/2007 Sch 1 cl 19\n\namended by 8/2015 s 76\nPt 3\n\nPt 3 Div 1\n\ns 10\n\ns 10(1)\nsubstituted by 8/2015 s 77\nPt 3 Div 2\ndeleted by 8/2015 s 78\nPt 3 Div 3\n\ns 20\n\ns 20(1) and (2)\nsubstituted by 8/2015 s 79(1)\ns 20(3)\ndeleted by 8/2015 s 79(1)\ns 20(6)\ndeleted by 8/2015 s 79(2)\nPt 3 Div 4\n\ns 21\n\ns 21(3)\namended by 7/2017 s 55(1)\ns 21(5)\namended by 7/2017 s 55(2)\nPt 5\n\ns 42\namended by 8/2015 s 80\ns 43\n\ns 43(1)\namended by 8/2015 s 81(1)\n\namended by 5/2017 s 44\n19.3.2021\ns 43(3)\namended by 8/2015 s 81(2)\ns 44\n\ns 44(1)\namended by 8/2015 s 82(1)\n\namended by 25/2019 s 33\ns 44(2)\namended by 8/2015 s 82(1)\ns 44(3)\namended by 8/2015 s 82(1), (3), (4)\n\n(a)(i) deleted by 8/2015 s 82(2)\n\namended by 7/2017 s 56(1)\ns 44(4)\nsubstituted by 8/2015 s 82(5)\ns 44(5)\nsubstituted by 8/2015 s 82(5)\n\namended by 7/2017 s 56(2)\ns 44(6)\namended by 8/2015 s 82(6)\ns 44(7)\nsubstituted by 8/2015 s 82(7)\ns 44(8)\ndeleted by 8/2015 s 82(7)\ns 44(12)\namended by 8/2015 s 82(8)\ns 49\n\ns 49(1) and (2)\namended by 8/2015 s 83(1)\ns 49(3) and (4)\nsubstituted by 8/2015 s 83(2)\nPt 6\n\nPt 6 Div 1\n\ns 54\n\ns 54(1)\namended by 25/2019 s 34(1), (2)\ns 54(4)\namended by 25/2019 s 34(3)\ns 54(8)\nsubstituted by 60/2007 Sch 1 cl 20\n\namended by 29/2025 Sch 5 cl 27\ns 56\n\ns 56(7a) and (7b)\ninserted by 7/2017 s 57\ns 57\n\ns 57(3)\namended by 25/2019 s 35(1), (2)\nPt 6 Div 3\n\ns 64\n\ns 64(1)\namended by 25/2019 s 36(1), (2)\ns 64(4)\namended by 25/2019 s 36(3)\nPt 6 Div 4\n\ns 68\namended by 25/2019 s 37\nPt 7\n\nPt 7 Div 1\n\ns 71\n\ns 71(4)\ninserted by 16/2013 s 40\ns 72\n\ns 72(7) and (8)\ninserted by 7/2017 s 58\ns 74\n\ns 74(2)\nsubstituted by 7/2017 s 59\ns 74(3)\ninserted by 7/2017 s 59\ns 75A\ninserted by 74/2025 s 3\n22.12.2025\nPt 7 Div 2\n\ns 78\n\ns 78(1)\nsubstituted by 7/2017 s 60\ns 78(3)\nsubstituted by 60/2007 Sch 1 cl 21\n\namended by 29/2025 Sch 5 cl 28\ns 78(4)\ndeleted by 60/2007 Sch 1 cl 21\ns 78(4)\ninserted by 5/2025 Sch 6 cl 3\nPt 7 Div 3\n\ns 79\n\ns 79(3)\nsubstituted by 60/2007 Sch 1 cl 22\ns 79(4)\ndeleted by 60/2007 Sch 1 cl 22\nPt 7 Div 4\n\ns 79A\ninserted by 7/2017 s 61\nPt 8\n\ns 83\ndeleted by 5/2025 Sch 6 cl 4\ns 104\n\ns 104(2) and (3)\ndeleted by 31/2013 s 33\ns 104(6a)\ninserted by 25/2019 s 38\ns 108\n\ns 108(5)\namended by 31/2013 s 34\nPt 9 Div 1\n\ns 111\n\ns 111(1)\namended by 51/2017 s 87\nPt 9 Div 2\n\nheading\nsubstituted by 51/2017 s 88\ns 112\nsubstituted by 51/2017 s 89\nPt 10\n\ns 115\n\ns 115(2)\nsubstituted by 60/2007 Sch 1 cl 23\n\namended by 29/2025 Sch 5 cl 29\ns 115(3)\ndeleted by 60/2007 Sch 1 cl 23\ns 116\n\ns 116(5)\namended by 25/2019 s 39(1)\ns 116(9)\namended by 25/2019 s 39(2)\ns 120\n\ns 120(1)\nsubstituted by 16/2013 s 41(1)\ns 120(1a) and (1b)\ninserted by 16/2013 s 41(1)\ns 120(5) and (6)\ninserted by 16/2013 s 41(2)\ns 124\n\ns 124(1)\namended by 7/2017 s 62(1)\ns 124(4)\namended by 51/2017 s 90\ns 124(5)\ninserted by 7/2017 s 62(2)\ns 127\n\ns 127(2)\n(c) and (d) deleted by 25/2019 s 40(1)\ns 127(2a)\ninserted by 25/2019 s 40(2)\ns 127(4)\namended by 25/2019 s 40(3)\ns 130\ndeleted by 5/2025 Sch 6 cl 5\nSch 1\n\ncl 1\nSch 2\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n84—Transitional provisions\n\t(1)\tIn this section—\nMinister means the Minister responsible for the administration of the Fisheries Management Act 2007.\n\t(2)\tThe Fisheries Council of South Australia must, before a day fixed by the Minister for the purposes of this subsection (if any), prepare and submit to the Minister a report on the operations of the Council during a period determined by the Minister.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n\t(4)\tA member of the Fisheries Council of South Australia ceases to hold office on the commencement of this subsection.\nStatutes Amendment (SACAT No 2) Act 2017\n91—Transitional provisions\n\t(1)\tA right of appeal to the Administrative and Disciplinary Division of the District Court under section 112 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.\nprincipal Act means the Fisheries Management Act 2007;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n\n8.3.2009\n\n19.3.2021\n\n","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded well beyond the repealed Fisheries Act 1982's focus on basic licensing and fishery management. It now integrates ecologically sustainable development as a paramount object (s 7), establishes comprehensive management plans that must allocate resources between sectors with compensation mechanisms (s 43), incorporates aboriginal traditional fishing via indigenous land use agreements (ss 60-61), coordinates with marine parks, the River Murray and Adelaide Dolphin Sanctuary (ss 7(4), 5), adds a demerit points scheme and compulsory licence acquisition (ss 103-109, s 58), and contains extensive enforcement and reparation tools that address ecosystem-wide harm rather than solely fishing controls."},"complexity_factors":["Extensive interpretation section (s 3) containing over 60 defined terms including complex cross-references to the Commonwealth Fisheries Management Act 1991, Native Title Act 1993 and other South Australian Acts","Multi-layered Commonwealth-State arrangements in Part 4 involving Joint Authorities, overlapping jurisdictional rules and specific presumptions (ss 30-37)","Detailed, consultative procedures for preparing, publicly exhibiting, amending and reviewing management plans in Part 5, including mandatory allocation of shares between fishing sectors and compensation requirements","Tiered offence provisions in Part 7 with escalating penalties for priority species, corporate liability, presumptions of commercial intent and specific defences that vary by section","Sophisticated enforcement framework in Part 8 combining authorised persons' powers (ss 81-89), Minister-issued protection and reparation orders (ss 92-99), court orders (ss 100-102) and a demerit points scheme (ss 103-109) that interacts with disqualification and compulsory acquisition","Nested transitional provisions, evidentiary presumptions (s 126) and regulation-making powers that adopt external codes or standards"],"plain_english_summary":"**The Fisheries Management Act 2007** is South Australia's core law for protecting and sustainably using fish, aquatic plants and other living resources in the state's waters.\n\nIt does three main things:\n- Sets clear goals for **ecologically sustainable development** (using resources in a way that meets today's needs without harming future generations, while protecting habitats and avoiding irreversible damage even when scientific data is uncertain).\n- Creates detailed rules for commercial fishing, recreational fishing, traditional Aboriginal fishing, fish processing, aquatic reserves and controlling invasive species or diseases.\n- Provides strong enforcement tools including licences, permits, management plans, fisheries officers with search and seizure powers, protection and reparation orders, a demerit points system that can cancel licences, and heavy fines or jail for serious breaches.\n\nThe Act affects commercial and recreational fishers, fish processors, boat owners, Aboriginal communities exercising traditional fishing rights, scientists, and anyone whose actions could impact aquatic resources or habitats. It matters because it aims to prevent overfishing, protect ecosystems like the Adelaide Dolphin Sanctuary and River Murray, allocate resources fairly between user groups, and ensure fishing remains viable for the community's economic and social benefit while prioritising conservation."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act consolidates and modernises the State's fisheries law while continuing existing fisheries, licences and arrangements from the repealed Fisheries Act 1982 (Schedule 1, cll 5–6). Its territorial application and core objectives are stated in the Act (s 5; s 7). Transitional provisions treat prior fisheries, licences and registrations as continuing under this Act (Sch 1, cll 5–6), so the statutory scope remains a continuation and re‑framing of prior fisheries regulation rather than a wholesale change in scope."},"complexity_factors":["Large number of interlocking Parts and divisions covering licensing, processing, enforcement, planning, Joint Authority/CW arrangements and Aboriginal traditional fishing (Parts 4–9).","Extensive administrative discretion vested in the Minister and delegates (ss 8, 10, 55, 115; regulations under s 127), including power to set conditions and exemptions.","Cross‑jurisdictional arrangements with Commonwealth and other States (Part 4, ss 24–37) that create overlapping legal regimes and delegated Joint Authority powers (s 27, s 34).","Detailed offences and high‑value penalties including additional value‑based penalties (Part 7, s 110) and demerit points scheme with consequential disqualification and compulsory acquisition (Div 4, ss 103–109).","Multiple enforcement powers for authorised officers (search, seizure, arrest, destruction of exotic organisms) with related evidentiary presumptions (Part 8, ss 81–84; ss 126(1)–(9)).","Regulatory detail deferred to regulations and codes (ss 127–130), increasing indirect complexity through subordinate instruments and standards adoption mechanisms (s 127(7)–(11)).","Administrative processes for management plans, public consultation and reviews (Part 5, ss 42–50) with time‑limited plans and mandatory review periods (s 47, s 49).","Financial and administrative interactions (Fisheries Fund, recovery of costs, registration of charges) that create contingent liabilities and recovery mechanisms (ss 21, 93–96)."],"plain_english_summary":"### What this law does, in plain terms\n\n- Creates a single legal framework for managing, conserving and regulating aquatic resources and fisheries in South Australia (what may be fished, who may fish, how they must operate, and how fisheries are managed) (Long title; s5; s7).  Mechanically it: establishes licensing, permit and registration regimes for commercial fishers, fish processors, boats, masters and devices (Part 6, esp. ss 51–66); sets out offences and penalties for unauthorised fishing, possession, sale and related conduct (Part 7, esp. ss 70–79, 78); gives enforcement powers to authorised officers including search, seizure and arrest (Part 8, esp. ss 80–86, 81–84); requires management planning, public consultation and allocation of resource shares between sectors (Part 5, ss 42–50); and provides administrative tools such as protection and reparation orders, a demerit points scheme and registers (Parts 8–10, ss 92–99; 103–109; 116).  It also continues a Fisheries Research and Development Fund and prescribes how money is collected and applied (ss 21–23).\n\n### Who decides and who pays\n\n- The Minister is the primary decision‑maker on licences, permits, exemptions, management plans and many enforcement and regulatory actions (see ss 8, 10, 21(5), 42, 44, 55, 79, 115).  The Director of Fisheries and delegated officers may exercise functions the Minister delegates (s 10).  Joint Authorities and Commonwealth‑State arrangements play a role where fisheries are managed jointly with the Commonwealth (Part 4, ss 24–37).\n\n- People who want to fish commercially, operate processing businesses, or use registered boats/devices must apply, pay prescribed fees and meet conditions set by the Minister or regulations (ss 54–56, 62–66, 127(2a)).  Licence/registration holders pay annual fees and lodge periodic returns (ss 56(5), 66(2)).  Penalties, forfeitures and court orders (including additional penalties tied to wholesale value of taken fish) impose costs on those who contravene the Act (ss 110; Part 7 generally).  The Minister may recover reasonable costs of taking action under protection and reparation orders as a debt and may register charges on land to secure payment (ss 93(4)–(5), 95(4)–(5), 96(7)–(8)).  The Fisheries Research and Development Fund may be used to defray administration and enforcement costs (s 21(5)(f)).\n\n### Why the Act exists (stated purpose) and how that aligns with mechanics\n\n- The Act explicitly aims to protect and manage aquatic resources consistent with \"ecologically sustainable development\" and to allocate access between users to achieve \"optimum utilisation and equitable distribution\" (s 7).  It therefore sets up: management plans that identify biological, economic and social characteristics, allocations between sectors, monitoring indicators and compensation for compulsory acquisition of licences (s 43(1)–(2)(h)–(j); s 58).  The Act provides enforcement and compliance tools (search, seizure, orders, penalties, demerit points) to try to secure those outcomes (ss 81–84; 92–99; 103–109; Part 7).\n\n- Testing the stated purpose against costs and incentives (mechanisms):\n  - The Act centralises decision‑making in the Minister and delegated officials (ss 8, 10, 55, 115).  That concentrates discretion over who receives licences, conditions attached, and exemptions (ss 54, 55, 115).  Where regulations permit limiting the number of licences or prescribing selection procedures, the Minister (and regulations) determine access (s 128(2)(a)(i)–(iv), (ix)).  The mechanical effect is that access to scarce quota or licence entitlements can be directed by administrative processes rather than only by market exchange (s 128; s 57 on transferability).\n  - The Act builds compliance costs into operating a commercial fishing or processing business: application forms, identity checks, fees, annual fees and periodic returns (ss 54(1)–(4); 56(5); 66(2); 116).  It creates criminal and civil penalties (including high maximum fines and imprisonment for priority species offences) and a value‑based additional penalty tied to wholesale value (ss 52–53; 71–74; 110).  These raise the expected cost of non‑compliance and alter private incentives.\n  - The Act provides means for government to change allocation between sectors and to acquire licences (s 58).  Acquisitions may be compulsory but are governed by regulations that must provide for compensation and methods of calculation (s 58(2)–(3)).  That imposes contingent costs on licence holders and creates an explicit mechanism for reallocating access with compensation paid where compulsory acquisition occurs (s 58).\n  - The enforcement framework gives authorised officers strong powers to search, seize and, in urgent cases, take action to destroy exotic organisms or limit their spread (ss 81–84; 83).  The Act allows recovery of costs from non‑compliant persons (ss 93(4), 95(4), 96(7)–(8)).  Those mechanisms transfer some enforcement and remediation costs from the public purse to regulated parties when breaches occur.\n\n### Implementation, compliance and discretion risks (mechanics not judgment)\n\n- The Act vests broad discretion in the Minister and, through delegated regulation, in the Governor and Director (ss 10, 127(9)).  That discretion is exercised in many places: granting/refusing licences (s 54(7)–(10)), imposing conditions and varying them (s 55), exempting persons (s 115), making regulations that limit licence numbers and prescribe quota systems (s 128(2)).  The mechanics therefore create points where administrative choices determine economic outcomes for participants.\n\n- The regime requires record‑keeping, returns and open registers (ss 116, 129(1)(a), 129(1)(b)), and limits disclosure of returns (confidentiality protections at s 124(4)).  This combination increases compliance paperwork for industry while limiting public disclosure of certain returns.\n\n- The Act contains cross‑jurisdictional mechanics: it integrates Joint Authority/CW arrangements where fisheries are managed under Commonwealth or interstate arrangements (Part 4, ss 24–37).  That introduces multi‑layered legal application and delegation of powers to Joint Authorities (ss 26, 34, 37).\n\n### Concrete behavioural changes required of users\n\n- Commercial fishers must hold appropriate licences/permits, register boats/devices/masters, carry authorities and ID while fishing, and lodge returns (ss 52–56, 59).  Fish processors must register and may only operate at premises listed in their registration (ss 62–66).  Aboriginal traditional fishing can be regulated through aboriginal traditional fishing management plans negotiated with native title groups (ss 60–61).\n\n- All persons must avoid specified prohibited activities (e.g. taking protected species or aquatic mammals, trafficking in priority species, bringing in noxious species) or face substantial penalties (ss 71–74; 78).\n\n### Key cross‑references that matter mechanically\n\n- Ownership of aquatic resources vests in the Crown; property passes to licence‑holders when taken under authority (s 6).\n- The Fund finances research and may be used to defray administration and enforcement costs (ss 21–23).\n- Registers and demerit points affect authorities and potential compulsory acquisition or cancellation (ss 103–109; 116).\n\n### Bottom line (mechanical effect)\n\nThe Act creates a detailed regulatory architecture in which the Minister and delegated officials allocate access to aquatic resources through licences, permits, quotas and management plans; require ongoing reporting and registration; and enforce rules with powers of search, seizure, orders and significant penalties. The law channels who pays (applicants, licence‑holders, offenders), who decides (Minister, Director, Joint Authorities, courts), and what behaviours must change (licensing, reporting, compliance with conditions and management plans). It pairs allocation tools (licences, quotas, acquisition and compensation mechanisms) with enforcement and remediation tools (orders, cost recovery, forfeiture, demerit points) to implement the stated objective of ecologically sustainable management (s 7)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The text provided contains no legislative content — only a website error message from the SA legislation website. No comparison between original intent and current scope can be made."},"complexity_factors":["No legislative text was actually provided — the input is a website error page, not legislation","Complexity cannot be meaningfully assessed without access to the Act's content","Score of 1 reflects the simplicity of the content actually provided (an error message), not the underlying Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **South Australian Fisheries Management Act 2007** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website update that occurred on **24 March 2026** which broke older URLs and bookmarks.\n\n### What this means for you\n- No analysis of the Act's actual content is possible from the text provided.\n- If you need to read this legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the **Fisheries Management Act 2007**.\n- If you had a saved link or bookmark to this Act, you will need to find the updated URL on the SA legislation website.\n\n### What the Act is generally known to cover *(general knowledge only — not drawn from the provided text)*\nThe Fisheries Management Act 2007 (SA) generally governs how fishing is managed in South Australian waters — covering **commercial fishing licences**, **recreational fishing rules**, **aquaculture** (fish farming), **fish stock protection**, and **enforcement powers** for fisheries officers. It affects **commercial fishers, recreational anglers, aquaculture operators, and businesses** involved in the seafood industry in South Australia."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-act-2007","history":"/api/acts/fisheries-management-act-2007/history","analysis":"/api/acts/fisheries-management-act-2007/analysis","conflicts":"/api/acts/fisheries-management-act-2007/conflicts","importantCases":"/api/acts/fisheries-management-act-2007/important-cases","documents":"/api/acts/fisheries-management-act-2007/documents"}}