{"id":"fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025","name":"Fisheries Management (Miscellaneous Exploratory and Developmental Fishery) Regulations 2025","slug":"fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235540,"registerId":"sa-fisheries-management-miscellaneous-exploratory-and-developmental-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 Exploratory and Developmental Fishery) Regulations 2025","content":"South Australia\nFisheries Management (Miscellaneous Exploratory and Developmental 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 and transitional provision\nPart 1—Repeal of Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013\n1\tRepeal of regulations\nPart 2—Transitional provision\n2\tInterpretation\n3\tPermits\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Miscellaneous Exploratory and Developmental 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 Exploratory and Developmental Fishery constituted by these regulations;\nprescribed fishery regulations means any of the following regulations:\n\t(a)\tthe Fisheries Management (Abalone Fisheries) Regulations 2017;\n\t(b)\tthe Fisheries Management (Blue Crab Fishery) Regulations 2013;\n\t(c)\tthe Fisheries Management (Charter Boat Fishery) Regulations 2016;\n\t(d)\tthe Fisheries Management (Lakes and Coorong Fishery) Regulations 2024;\n\t(e)\tthe Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\n\t(f)\tthe Fisheries Management (Prawn Fisheries) Regulations 2017;\n\t(g)\tthe Fisheries Management (River Fishery) Regulations 2017;\n\t(h)\tthe Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\n\t(i)\tthe Fisheries Management (Sardine Fishery) Regulations 2021;\n\t(j)\tthe Fisheries Management (Vongole Fishery) Regulations 2021;\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 Exploratory and Developmental Fishery is constituted.\n\t(2)\tThe Miscellaneous Exploratory and Developmental Fishery consists of the taking of aquatic resources in the waters of the State but does not include a fishing activity of a class constituted as a fishery by prescribed fishery regulations.\n\t(3)\tThe Miscellaneous Exploratory and Developmental Fishery is declared to be a developmental fishery for the purposes of the Act.\n5—Issue of permits\n\t(1)\tThe Minister may issue permits in respect of the fishery.\n\t(2)\tPermits in respect of the fishery will be of the following classes:\n\t(a)\texploratory permits;\n\t(b)\tdevelopmental permits.\n\t(3)\tThe Minister may only grant an exploratory permit in respect of the fishery if satisfied that the applicant is an individual of at least 15 years of age and is a fit and proper person to hold a permit in respect of the fishery.\n\t(4)\tThe Minister may only grant a developmental permit in respect of the fishery if satisfied as to the following:\n\t(a)\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(b)\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.\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)\tExploratory permits are not transferable.\n\t(2)\tDevelopmental permits are transferable.\n\t(3)\tAn application for consent to the transfer of a developmental 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(4)\tThe Minister may only consent to the transfer of a developmental 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)\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(e)\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 and transitional provision\nPart 1—Repeal of Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013\n1—Repeal of regulations\nThe Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 are repealed.\nPart 2—Transitional provision\n2—Interpretation\nIn this Part—\nrepealed regulations means the Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 repealed under Part 1 of this Schedule.\n3—Permits\nA permit in respect of the Miscellaneous Developmental Fishery constituted under the repealed regulations (and in effect immediately before the commencement of this Schedule) will be taken to be a permit in respect of the Miscellaneous Exploratory and Developmental Fishery constituted under these regulations.\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\n94\nGazette 21.8.2025 p3480 \n1.9.2025: r 2\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as no legislative text was retrievable. The document provided is a website error page, not the regulations themselves."},"complexity_factors":["No legislative content was available for analysis — the submission contains only a website error page","Cannot assess complexity of the actual regulations without their text","Score of 1 reflects the absence of analysable content, not the simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Document Unavailable\n\nThe legislation you've submitted — the **Fisheries Management (Miscellaneous Exploratory and Developmental Fishery) Regulations 2025** (South Australia) — could **not be analysed** because the document content was not successfully retrieved. Instead of the actual legislation, what was captured is a **\"Page Not Found\" error** from the South Australian legislation website (legislation.sa.gov.au).\n\nThis appears to have occurred because the hyperlink or bookmark used to access the legislation was created **before 24 March 2026** and is now incompatible with the updated website.\n\n### What to do:\n- Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the regulation by name\n- Report any website errors to **OPCWeb@sa.gov.au**\n- Recreate any bookmarks or hyperlinks to this legislation using the current website\n\n**No legal analysis can be provided without access to the actual legislative text.**"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the same fundamental scope as its predecessor (the 2013 Miscellaneous Developmental Fishery Regulations). While the name has been expanded to explicitly include 'Exploratory' fishing, and some procedural details have been updated (such as requiring current company extracts for transfers), the core purpose remains unchanged: providing a regulatory framework for fishing activities outside established fisheries. The transitional provision ensuring existing permits continue in force confirms this is essentially a re-enactment with modernisation rather than an expansion of scope."},"complexity_factors":["Moderate cross-referencing: 10 other fisheries regulations are listed as 'prescribed fishery regulations' to define what this fishery excludes","External statutory references: Incorporates definitions from the Commonwealth Corporations Act 2001 for company-related terms","Nested conditional logic: Different eligibility criteria apply depending on whether the applicant is an individual or company, and whether the permit is exploratory or developmental","Transfer restrictions: Exploratory permits are non-transferable while developmental permits are transferable, with additional documentary requirements for company transferees","Ministerial discretion: Multiple provisions grant the Minister broad powers to make determinations, impose conditions, and approve forms without legislative prescription","Transitional provisions: Schedule 1 contains repeal and savings provisions preserving existing permits under the old regime"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a new fishing permit system in South Australia called the **Miscellaneous Exploratory and Developmental Fishery**. It's essentially a 'catch-all' fishery for fishing activities that don't fit into any of the state's existing, well-defined fisheries (like abalone, rock lobster, or prawn fisheries).\n\n**Who it affects:**\n\n- **Fishers and fishing companies** who want to try new or experimental fishing methods, or develop new commercial fishing operations that aren't covered by existing rules.\n- **The Minister for Fisheries**, who controls who gets permits and what conditions apply.\n- **Existing permit holders** under the old 2013 regulations, who automatically transfer to the new system.\n\n**Two types of permits:**\n\n- **Exploratory permits** – for individuals testing whether a new fishing activity is viable. These **cannot be sold or transferred** to anyone else.\n- **Developmental permits** – for more established operations, available to individuals or companies. These **can be sold or transferred** with ministerial approval.\n\n**Key rules:**\n\n- Applicants must be at least 15 years old and \"fit and proper\" (basically, of good character with no serious legal issues).\n- Companies applying for permits must have directors who are \"fit and proper.\"\n- Permit holders must submit regular reports to the government and keep proper records.\n- The Minister can set specific conditions on permits, such as limiting what gear can be used or where fishing can occur.\n- Boats and equipment must be registered, and the Minister can cancel this registration if needed.\n\n**Why it matters:**\n\nThis creates a legal pathway for innovation in South Australia's fishing industry while maintaining government oversight. It allows fishers to experiment with new species or methods without immediately needing a full commercial licence, but ensures environmental and regulatory safeguards remain in place. The regulations also clean up the old 2013 rules by adding \"exploratory\" fishing explicitly into the framework."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument reconstitutes and renames the former Miscellaneous Developmental Fishery as the Miscellaneous Exploratory and Developmental Fishery and formally creates a new exploratory permit class while retaining developmental permits (regs 4–5). It makes exploratory permits non-transferable but allows transfers of developmental permits subject to conditions (reg 9) and converts existing permits into the new regime on commencement (Schedule 1, part 2)."},"complexity_factors":["Ministerial discretion to issue permits and impose conditions (regs 5, 6, 12) increases implementation variability.","Two permit classes with different eligibility and transfer rules (regs 5, 9) create administrative distinctions to manage.","Fit-and-proper person tests for individuals and company directors (regs 5(3)–(4), 9(4)(d)–(e)) require background assessment processes.","Registration and revocation procedures require prescribed forms and supporting documents (regs 7–8), adding procedural compliance.","Periodic returns, record-keeping obligations and specified penalties/expiation fees impose measurable compliance costs and enforcement triggers (regs 10–11).","Scope exclusions referencing multiple prescribed fishery regulations (reg 3, reg 4(2)) require cross-referencing other instruments.","Transitional repeal and automatic conversion of existing permits (Schedule 1) involve legal continuity and administrative updating."],"plain_english_summary":"These regulations create the \"Miscellaneous Exploratory and Developmental Fishery\", set out two permit classes (exploratory and developmental), and give the Minister power to issue permits, impose conditions, register boats/masters, and require periodic returns and records. They also set transfer rules (developmental permits transferable; exploratory not), penalties for non‑compliance, and replace the 2013 regulations, converting existing permits. The rules affect individual fishers and fishing companies by defining who may fish, what reporting and registration is required, and the Minister’s discretionary controls."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025","history":"/api/acts/fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025/history","analysis":"/api/acts/fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025/analysis","conflicts":"/api/acts/fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025/conflicts","importantCases":"/api/acts/fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025/important-cases","documents":"/api/acts/fisheries-management-miscellaneous-exploratory-and-developmental-fishery-regulations-2025/documents"}}