{"id":"fisheries-management-charter-boat-fishery-regulations-2016","name":"Fisheries Management (Charter Boat Fishery) Regulations 2016","slug":"fisheries-management-charter-boat-fishery-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235526,"registerId":"sa-fisheries-management-charter-boat-fishery-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Charter Boat Fishery) Regulations 2016","content":"South Australia\nFisheries Management (Charter Boat Fishery) Regulations 2016\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of fishery\n5\tApplication of regulations\n6\tIssue of licences\n7\tTransfer of licences\n8\tRegistration\n9\tRevocation of registration\n10\tConditions limiting number of boats that may be used etc\n11\tProhibition on use, possession etc of recreational rock lobster pot\n12\tInformation to be provided—use of registered boat\n13\tPeriodic returns\n14\tProvision relating to keeping of records\n15\tMinister's determinations\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Charter Boat Fishery) Regulations 2016.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAboriginal and Torres Strait Islander corporation has the same meaning as in the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth;\nAct means the Fisheries Management Act 2007;\ncharter boat means a boat that is used for recreational fishing under charter boat fishing agreements;\ncharter boat fishing agreement means an agreement made by a person in the course of a business under which the person agrees, for money or other consideration, to facilitate recreational fishing by persons by the provision of charter boat fishing services to the persons;\ncharter boat fishing business means the business of facilitating recreational fishing by persons by the provision of charter boat fishing services to the persons under charter boat fishing agreements;\ncharter boat fishing services means carrying persons as passengers on a boat and otherwise assisting or enabling the persons to engage in recreational fishing from the boat;\nCorporations Act means the Corporations Act 2001 of the Commonwealth;\ncurrent company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:\n\t(a)\tthe company's name;\n\t(b)\tthe address of the company's registered office;\n\t(c)\tthe date of registration of the company;\n\t(d)\tthe State or Territory in which the company is taken to be registered under the Corporations Act;\n\t(e)\tthe company's Australian Company Number;\n\t(f)\twhether the company is a proprietary company or a public company;\n\t(g)\tthe full name of each director of the company;\n\t(h)\tthe full name of each secretary (if any) of the company;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;\neligible person means—\n\t(a)\ta natural person or company carrying on a charter boat fishing business that was established on or before 28 November 2003; or\n\t(b)\ta natural person or company carrying on a charter boat fishing business that was in the process of being established on 28 November 2003; or\n\t(c)\tan Aboriginal and Torres Strait Islander corporation that—\n\t(i)\thas a business plan for a charter boat fishing business; and\n\t(ii)\tis a party to an indigenous land use agreement with the State under which it is agreed that a licence in respect of the fishery will be issued to the corporation; or\n\t(d)\tan Aboriginal and Torres Strait Islander corporation or incorporated association that—\n\t(i)\thas a business plan for a charter boat fishing business; and\n\t(ii)\thas been established by a native title group for the purpose of implementing an indigenous land use agreement with the State under which it is agreed that a licence in respect of the fishery will be issued to the corporation or association;\nfishery means the Charter Boat Fishery constituted by these regulations;\nincorporated association has the same meaning as in the Associations Incorporation Act 1985;\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;\npolicy of insurance includes a cover note that is binding on the insurer.\n\t(2)\tIn these regulations—\n\t(a)\tunless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act;\n\t(b)\ta reference to the taking of aquatic resources includes a reference to an act preparatory to, or involved in, the taking of the aquatic resources.\n4—Constitution of fishery\n\t(1)\tThe Charter Boat Fishery is constituted.\n\t(2)\tThe Charter Boat Fishery consists of facilitating recreational fishing by persons by the provision of charter boat fishing services to the persons under charter boat fishing agreements.\n5—Application of regulations\nThese regulations do not apply in relation to recreational fishing in inland waters.\n6—Issue of licences\n\t(1)\tThe Minister may issue licences in respect of the fishery.\n\t(2)\tBefore granting a licence in respect of the fishery, the Minister must be satisfied of all of the following:\n\t(a)\tthat the applicant is an eligible person;\n\t(b)\tif the applicant is a natural person, that the person is a fit and proper person to hold a licence in respect of the fishery;\n\t(c)\tif the applicant is a body corporate, that every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds a licence in respect of the fishery.\n7—Transfer of licences\n\t(1)\tLicences in respect of the fishery are transferable.\n\t(2)\tAn application for consent to the transfer of a licence must be accompanied by—\n\t(a)\tthe licence to be transferred; and\n\t(b)\ta form of return as required by regulation 13 completed by the holder of the licence up to the date of application; and\n\t(c)\tif the transferee is a company—a current company extract relating to the transferee issued not more than 1 month immediately preceding the date of application.\n\t(3)\tThe Minister may only consent to the transfer of a licence if satisfied as to the following:\n\t(a)\tthat any fees or other amounts payable in relation to the licence under the Act have been paid in full;\n\t(b)\tthat the licence to be transferred has not been suspended;\n\t(c)\tthat no proceedings alleging an offence against the Act are pending or likely to be commenced in the State against the holder of the licence;\n\t(d)\tif the transferee is a natural person, that the transferee is at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery;\n\t(e)\tif the transferee is a body corporate, that every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds a licence in respect of the fishery;\n\t(f)\tif a boat is registered for use under the licence, that there is in force a policy of public liability insurance under which the transferee is insured or indemnified in an amount of at least $10 000 000 in relation to death or bodily injury or property damage that may be caused by or arise out of the use of the boat under the licence.\n8—Registration\n\t(1)\tAn application by the holder of a licence in respect of the fishery—\n\t(a)\tto register a boat or device for use under the licence; or\n\t(b)\tto register a person as a master of a boat that may be used under the licence,\nmust be accompanied by the documents specified in the application form.\n\t(2)\tThe Minister may only grant an application to register a boat for use under a licence in respect of the fishery if satisfied that there is in force a policy of public liability insurance under which the applicant is insured or indemnified in an amount of at least $10 000 000 in relation to death or bodily injury or property damage that may be caused by or arise out of the use of the boat under the licence.\n9—Revocation of registration\n\t(1)\tThe Minister may, on application by the holder of a licence in respect of the fishery, revoke the registration of—\n\t(a)\ta boat or device used under the licence; or\n\t(b)\ta person as a master of a boat that may be used under the licence.\n\t(2)\tAn application for revocation of registration 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 documents specified in the application form.\n10—Conditions limiting number of boats that may be used etc\nThe Minister may impose conditions on a licence in respect of the fishery—\n\t(a)\tlimiting the number of registered boats that may be used under the licence at any 1 time;\n\t(b)\tlimiting the number of devices that may be carried on registered boats used under the licence and otherwise regulating the carrying of devices on such boats;\n\t(c)\tlimiting the area of waters within which registered boats may be used under the licence.\n11—Prohibition on use, possession etc of recreational rock lobster pot\n\t(1)\tA person to whom this regulation applies must not, aboard a registered boat that is being used under a licence in respect of the fishery, use or have possession or control of a rock lobster pot that is registered in the name of that person for use for non‑commercial fishing.\nMaximum penalty: $10 000.\nExpiation fee: $500.\n\t(2)\tThis regulation applies to—\n\t(a)\tthe holder of the licence and any agent of the holder of the licence; and\n\t(b)\tif the holder of the licence is not the registered master of the registered boat—the registered master of the registered boat.\n12—Information to be provided—use of registered boat\n\t(1)\tIf a registered boat is, or is to be, used under a licence in respect of the fishery, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\n\t(2)\tIf the determination of the Minister made for the purposes of subregulation (1) is not complied with, the registered owner and registered master of the registered boat are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n13—Periodic returns\n\t(1)\tThe holder of a licence in respect of the fishery must provide the Department with such returns in the manner and form, at such times and containing such information, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tThe holder of a licence must keep a record of each return that the licence holder provides to the Department under this regulation in such manner, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n14—Provision relating to keeping of records\nA person required under these regulations to keep a record for a period of time must ensure that the record—\n\t(a)\tis maintained in a good condition and is legible; and\n\t(b)\tis kept so that it is readily accessible; and\n\t(c)\tis produced for inspection by a fisheries officer on request.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n15—Minister's determinations\n\t(1)\tThe Minister may make a determination for the purposes of a regulation.\n\t(2)\tA determination may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which it is expressed to apply.\n\t(3)\tIf the Minister makes a determination, notice of the determination—\n\t(a)\tmust be published on the Department's website; and\n\t(b)\tmay also be published in the Gazette.\n\t(4)\tAs soon as practicable after a determination of the Minister is made, a notice in writing setting out the date on which notice of the determination is published and the terms of the determination must be given to the persons bound by the determination in a manner and form that, in the opinion of the Minister, will bring the determination to the attention of those persons.\n\t(5)\tThe Minister may, by further determination, vary or revoke a determination made for the purposes of a regulation.\nLegislative history\nNotes\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 revoked by principal regulations\nThe Fisheries Management (Charter Boat Fishery) Regulations 2016 revoked the following:\nFisheries Management (Charter Boat Fishery) Regulations 2005\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n233\nGazette 6.10.2016 p3953 \n6.2.2017: r 2\n2017\n222\nGazette 8.8.2017 p3183\n15.1.2018: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n15.1.2018\nr 3\n\n\nr 3(1)\n\n\nDepartment\ninserted by 222/2017 r 4\n15.1.2018\nr 9\n\n\nr 9(2)\nvaried by 222/2017 r 5\n15.1.2018\nrr 12 and 13\nsubstituted by 222/2017 r 6\n15.1.2018\nrr 14 and 15\ninserted by 222/2017 r 6\n15.1.2018\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n15.1.2018\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Legislative history shows amendments (2017) that substituted regs 12 and 13 and inserted regs 14 and 15, and varied r 9(2) and the Department definition. Those variations alter administrative scope: they update reporting/record‑keeping rules and the Minister's determination and notification powers (regs 12–15), and adjust registration procedures (r 9(2)). The core fishery constitution (reg 4) and geographical exclusion (reg 5) remain expressed in the instrument; the changes are primarily to regulatory administration and compliance obligations."},"complexity_factors":["Eligibility and fitness checks for licence applicants and transferees (reg 6(2), reg 7(3)(d)–(e)) increase discretionary assessment needs.","Ministerial discretion to impose conditions limiting boats, devices and operating areas and to make determinations about information and returns (regs 10, 12, 13, 15) concentrates decision‑making power.","High insurance threshold ($10,000,000) tied to registration and transfers creates a significant compliance and cost requirement for operators (regs 7(3)(f), 8(2)).","Detailed procedural and documentary requirements for transfer, registration and revocation (regs 7(2), 8(1), 9(2)) raise administrative burden.","Variable reporting and record‑keeping rules set by Ministerial determination (regs 12–14, 15) create ongoing compliance uncertainty and dependence on published determinations.","Penalties and expiation fees for multiple breaches (regs 11–14) add enforcement complexity and commercial risk for licence‑holders and masters."],"plain_english_summary":"These regulations constitute the South Australian Charter Boat Fishery and set rules for issuing and transferring licences, registering boats and masters, and limiting numbers, devices and operating areas. They require a $10,000,000 public liability policy for registered boats and establish record‑keeping, reporting obligations and penalties for non‑compliance.\n\nLicence‑holders and registered masters bear compliance costs (insurance, registration, reporting). The Minister has broad administrative discretion to set forms, reporting schedules, licence conditions and to revoke registrations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No comparison between original intent and final form is possible from the data provided."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title and general knowledge of similar fisheries regulations","No provisions, schedules, definitions, or operative clauses were available for review","Complexity cannot be meaningfully assessed without content"],"plain_english_summary":"The Fisheries Management (Charter Boat Fishery) Regulations 2016 (SA) govern paid charter‑boat fishing in South Australian waters, setting the legal framework for how commercial passenger fishing operates. \n\nThey affect charter operators, their paying clients, and fisheries officers by shaping licensing, allowable catches and operator duties — matters that influence business viability and fishery sustainability."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope focused specifically on charter boat fishing operations. The 2017 amendments added minor administrative requirements (record keeping, notification procedures) and removed a Schedule, but did not expand the regulatory scope beyond charter boat fishery management."},"complexity_factors":["15 regulations total, with straightforward sequential structure","11 defined terms in section 3, mostly importing definitions from other Acts (Corporations Act, Native Title Act) rather than creating new complex definitions","Simple conditional logic: basic 'if-then' requirements for licensing (e.g., 'if applicant is natural person, must be fit and proper')","No nested exceptions or deeply conditional provisions","Cross-references limited to parent Act (Fisheries Management Act 2007) and standard Commonwealth Acts","Clear penalty structure with specified maximum penalties and expiation fees for each offence","Ministerial determination powers are broad but standard for subordinate legislation"],"plain_english_summary":"These regulations set the rules for **commercial charter boat fishing operations in South Australian waters** (excluding inland waters). They create a specific fishery called the \"Charter Boat Fishery\" and establish who can get a licence to run fishing charter businesses.\n\n**Who can get a licence:**\n- People or companies already running charter fishing businesses before November 2003\n- Aboriginal and Torres Strait Islander corporations with specific land use agreements\n\n**Key requirements for licence holders:**\n- Must be \"fit and proper\" people (no serious criminal history or concerning conduct)\n- Must carry **$10 million in public liability insurance** for each registered boat\n- Must register each boat and master (boat operator) with the Minister\n- Must keep detailed records and submit periodic returns to the Department\n\n**Important restrictions:**\n- Licence holders **cannot use recreational rock lobster pots** on their charter boats (this prevents double-dipping between commercial and recreational fishing)\n- The Minister can limit how many boats you can operate at once, what equipment you can carry, and where you can fish\n- Licences can be transferred to others, but the new owner must meet the same standards\n\n**Why it matters:**\nThese rules ensure charter fishing businesses operate safely, carry adequate insurance to protect passengers, and don't exploit both commercial and recreational fishing privileges. The regulations also recognise Indigenous rights through specific provisions for Aboriginal corporations with land use agreements."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-charter-boat-fishery-regulations-2016","history":"/api/acts/fisheries-management-charter-boat-fishery-regulations-2016/history","analysis":"/api/acts/fisheries-management-charter-boat-fishery-regulations-2016/analysis","conflicts":"/api/acts/fisheries-management-charter-boat-fishery-regulations-2016/conflicts","importantCases":"/api/acts/fisheries-management-charter-boat-fishery-regulations-2016/important-cases","documents":"/api/acts/fisheries-management-charter-boat-fishery-regulations-2016/documents"}}