{"id":"fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025","name":"Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2025","slug":"fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235536,"registerId":"sa-fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2025","content":"South Australia\nFisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2025\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tConstitution of Fishery\n5\tIssue of permits\n6\tPower of Minister to limit fishing activities\n7\tRegistration\n8\tRevocation of registration\n9\tTransfer of permits\n10\tPeriodic returns\n11\tProvision relating to keeping of records\n12\tMinister's determinations\nSchedule 1—Repeal of Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2025.\n2—Commencement\nThese regulations come into operation on 1 September 2025.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fisheries Management Act 2007;\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 responsible for assisting a Minister in the administration of the Act;\nfishery means the Miscellaneous Broodstock and Seedstock Fishery constituted by these regulations;\nwaters of the State means all the waters to which the Act applies.\n\t(2)\tIn these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.\n\t(3)\tIn these regulations, a 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 Miscellaneous Broodstock and Seedstock Fishery is constituted.\n\t(2)\tThe Miscellaneous Broodstock and Seedstock Fishery consists of the taking of aquatic resources in the waters of the State for the purposes of aquaculture, other than—\n\t(a)\tthe taking of mussel spat in an area subject to an aquaculture lease, pursuant to an aquaculture licence authorising the farming of mussels; or\n\t(b)\tthe taking of an aquatic plant in an area subject to an aquaculture lease, pursuant to an aquaculture licence authorising the taking of the aquatic plant.\n5—Issue of permits\n\t(1)\tThe Minister may issue permits in respect of the fishery.\n\t(2)\tSubject to subregulation (3), the Minister may only grant a permit in respect of the fishery if satisfied as to the following:\n\t(a)\tthat the applicant is the holder of an aquaculture licence;\n\t(b)\tif the applicant is an individual—that the person is at least 15 years of age and is a fit and proper person to hold a permit in respect of the fishery;\n\t(c)\tif the applicant is a company—that each director of the company is a fit and proper person to be a director of a company that holds a permit in respect of the fishery.\n\t(3)\tSubregulation (2)(a) does not apply to, or in respect of, an application for a permit made by the South Australian Research and Development Institute.\n6—Power of Minister to limit fishing activities\nThe Minister may impose conditions on a permit in respect of the fishery limiting the class of fishing activities that may be engaged in under the permit.\n7—Registration\nAn application by the holder of a permit in respect of the fishery—\n\t(a)\tto register a boat or device for use under the permit; or\n\t(b)\tto register a person as a master of a boat that may be used under the permit,\nmust be accompanied by the documents specified in the application form.\n8—Revocation of registration\n\t(1)\tThe Minister may, on application by the holder of a permit in respect of the fishery, revoke the registration of—\n\t(a)\ta boat or device used under the permit; or\n\t(b)\ta person as a master of a boat that may be used under the permit.\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.\n9—Transfer of permits\n\t(1)\tA permit in respect of the fishery is transferable.\n\t(2)\tAn application for consent to the transfer of a permit must be accompanied by—\n\t(a)\tthe permit to be transferred; and\n\t(b)\ta form of return as required by regulation 10 completed by the holder of the permit 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 permit if satisfied as to the following:\n\t(a)\tthat any fees or other amounts payable in relation to the permit under the Act have been paid in full;\n\t(b)\tthat the permit 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 permit;\n\t(d)\tthat the transferee is the holder of an aquaculture licence;\n\t(e)\tif the transferee is an individual—that the transferee is at least 15 years of age and is a fit and proper person to hold a permit in respect of the fishery;\n\t(f)\tif the transferee is a company—that each director of the company is a fit and proper person to be a director of a company that holds a permit in respect of the fishery.\n10—Periodic returns\n\t(1)\tThe holder of a permit 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 permit in respect of the fishery must keep a record of each return that the permit 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.\n11—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.\n12—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 for the purposes of a regulation, 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.\nSchedule 1—Repeal of Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013\nThe Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013 are repealed.\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n93\nGazette 21.8.2025 p3475 \n1.9.2025: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations constitute the Miscellaneous Broodstock and Seedstock Fishery (reg 4) and repeal the 2013 regulations (Schedule 1). On the face of the text, the instrument sets out the fishery's coverage and exclusions (reg 4(2)) and replaces the prior subordinate instrument without express expansion or narrowing within this text. No explicit provision within the supplied instrument indicates a change of scope from the prior regulations beyond the formal repeal."},"complexity_factors":["Ministerial discretion over issuing permits, imposing permit conditions and making determinations (regs 5(1)–(3), 6, 12) increases administrative judgment and potential variability.","Fit-and-proper person tests for individuals and company directors add screening complexity and require evidence-based assessments (regs 5(2)(b)–(c), 9(3)(e)–(f)).","Transfer rules require documentary proof including recent ASIC company extracts for corporate transferees and completed returns (reg 9(2)(c), 9(3)(a)–(d)).","Registration and revocation of boats, devices and masters depend on form-driven applications and specified documents (regs 7, 8(1)–(2)).","Periodic returns and record-keeping are set by Ministerial determination and carry civil penalties and expiation fees, creating ongoing compliance costs (reg 10(1)–(2)).","Detailed record maintenance and inspection duties with lower-tier penalties add administrative burden for operational staff (reg 11).","Age threshold (15 years) for permit holding is an unusual low-age qualification to manage (regs 5(2)(b), 9(3)(e)).","Delegated rule-making power allows the Minister to make variable, targeted determinations subject to publication and notice obligations, concentrating regulatory detail outside the instrument (reg 12).","Scope definition and explicit exclusions of other aquaculture lease activities shape boundaries of regulated activity and require on-the-ground classification (reg 4(2)).","Repeal of the 2013 regulations is effected without a comparative schedule of substantive changes, so compliance officers must reconcile legacy practice with the new text (Schedule 1)."],"plain_english_summary":"These regulations create the Miscellaneous Broodstock and Seedstock Fishery and establish a permit system for taking aquatic resources for aquaculture, excluding mussel spat and certain aquatic plants taken under existing aquaculture leases. They require applicants to hold an aquaculture licence and pass fit-and-proper checks, set rules for registration, transfer, reporting and record-keeping with penalties, and give the Minister power to impose permit conditions and make determinations that bind permit holders."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed as the legislative text was not retrievable. Based on the title alone, the regulation appears consistent with a standard fisheries management instrument targeting a specific category of fishing activity (broodstock and seedstock collection). No evidence of scope change is available."},"complexity_factors":["No legislative text was retrievable — complexity cannot be properly assessed","Fisheries regulations typically involve technical biological and operational definitions that add moderate complexity","Subordinate legislation (regulations) is generally more targeted and less complex than parent Acts","The 'miscellaneous' nature of the regulation may introduce some complexity by covering a broad or residual category of activities","Title alone suggests a narrow, specialised scope which usually correlates with lower complexity"],"plain_english_summary":"This regulation appears to govern the collection and use of broodstock and seedstock in South Australian waters, filling gaps for activities not covered by other rules. It likely sets licensing and operational requirements—permitting who can take breeding adults or juveniles, how and when they may be taken, and related compliance measures. It matters to aquaculture operators, commercial fishers and fisheries officers because it shapes access, biosecurity and sustainability of breeding stocks."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor (the 2013 regulations being repealed). It continues to regulate the same specific activity — collection of wild aquatic resources for aquaculture purposes — with substantially similar permit, registration, and compliance frameworks. The 2025 version appears to be a straightforward re-enactment with updated references and administrative details rather than an expansion of regulatory scope."},"complexity_factors":["Short instrument: 12 regulations plus schedule, approximately 1,500 words total","Only 8 defined terms in the interpretation section (section 3), with straightforward definitions","Minimal cross-referencing: only references to the parent Fisheries Management Act 2007 and Commonwealth Corporations Act 2001","Simple conditional structure: basic 'if-then' logic for permit eligibility (individual vs company) with one explicit exemption (SARDI)","No nested exceptions: exclusions in section 4(2) are straightforward carve-outs for existing mussel and aquatic plant leases","Standard administrative provisions: registration, revocation, and transfer procedures follow typical regulatory patterns","Penalty structure is simple and explicit: fixed monetary penalties with corresponding expiation (on-the-spot fine) amounts"],"plain_english_summary":"These regulations create a new fishing permit system in South Australia for collecting wild aquatic animals and plants (called 'broodstock' and 'seedstock') to use in fish farms (aquaculture). \n\n**What it does:**\n- Sets up the 'Miscellaneous Broodstock and Seedstock Fishery' — a specific fishery for catching wild aquatic resources to breed or grow in aquaculture operations\n- Requires anyone wanting to fish in this fishery to get a permit from the Minister\n- Excludes mussel farming and aquatic plant farming that already happens under existing aquaculture leases\n\n**Who it affects:**\n- **Aquaculture licence holders** — they can apply for permits to collect wild breeding stock\n- **The South Australian Research and Development Institute** — they can get permits even without an aquaculture licence\n- **Companies and individuals** — both can hold permits, but must meet 'fit and proper person' tests (individuals must be at least 15 years old)\n\n**Key rules:**\n- Permits can be transferred to others, but the new holder must also hold an aquaculture licence and meet character requirements\n- Permit holders must register boats and equipment they use\n- They must submit regular returns (reports) to the Department and keep records\n- The Minister can set conditions on permits and make determinations (official decisions) about how the fishery operates\n- Fines apply for not keeping proper records (up to $5,000) or not producing records when asked (up to $2,500)\n\n**Why it matters:**\nThis replaces the 2013 regulations and ensures wild stock collected for aquaculture breeding programs is properly regulated, tracked, and limited to qualified operators. It helps prevent overfishing of wild populations while supporting sustainable aquaculture growth."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025","history":"/api/acts/fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025/history","analysis":"/api/acts/fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025/analysis","conflicts":"/api/acts/fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025/conflicts","importantCases":"/api/acts/fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025/important-cases","documents":"/api/acts/fisheries-management-miscellaneous-broodstock-and-seedstock-fishery-regulations-2025/documents"}}