{"id":"fisheries-management-miscellaneous-research-fishery-regulations-2025","name":"Fisheries Management (Miscellaneous Research Fishery) Regulations 2025","slug":"fisheries-management-miscellaneous-research-fishery-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235549,"registerId":"sa-fisheries-management-miscellaneous-research-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 Research Fishery) Regulations 2025","content":"South Australia\nFisheries Management (Miscellaneous Research 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\tPeriodic returns\n10\tProvision relating to keeping of records\n11\tMinister's determinations\nSchedule 1—Repeal of Fisheries Management (Miscellaneous Research Fishery) Regulations 2013\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Miscellaneous Research Fishery) Regulations 2025.\n2—Commencement\nThese regulations come into operation on 1 September 2025.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Fisheries Management Act 2007;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;\nfishery means the Miscellaneous Research Fishery constituted by these regulations;\nwaters of the State means all the waters to which the Act applies.\n\t(2)\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 Research Fishery is constituted.\n\t(2)\tThe Miscellaneous Research Fishery consists of the taking of aquatic resources in the waters of the State for the purposes of research undertaken as part of a business.\n5—Issue of permits\n\t(1)\tThe Minister may issue permits in respect of the fishery.\n\t(2)\tThe Minister may only grant a 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—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 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.\n10—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.\n11—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.\nSchedule 1—Repeal of Fisheries Management (Miscellaneous Research Fishery) Regulations 2013\nThe Fisheries Management (Miscellaneous Research 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\n95\nGazette 21.8.2025 p3485 \n1.9.2025: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404 error due to a website migration","Analysis is based solely on the regulation's title, providing insufficient detail to assess true legal complexity","Cannot assess cross-references, definitions, schedules, or operative provisions without the actual text"],"plain_english_summary":"This South Australian regulation appears to govern a \"Miscellaneous Research Fishery\": it would set the legal framework for fishing conducted for scientific or research purposes rather than commercial or recreational use. It matters to researchers, fishers, institutions and regulators because it determines who may lawfully take fish for research, and under what permissions, locations and limits.\n\nThe text is currently unavailable; if this affects you, check legislation.sa.gov.au or contact OPC or PIRSA for the official instrument."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment/replacement of the 2013 regulations with the same scope. The legislation maintains the original purpose of regulating research fishing permits without significant expansion into new areas."},"complexity_factors":["Only 4 defined terms in the interpretation section (Act, Department, fishery, waters of the State)","Straightforward permit and registration structure with minimal conditional logic","No nested exceptions or complex cross-referencing between sections","Simple penalty structure with flat fines rather than tiered or calculated penalties","Single-layer delegation of powers to the Minister without elaborate procedural requirements","Short length (11 regulations plus schedule) with clear sequential organisation"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a special fishing permit system in South Australia for **research purposes**. They establish the \"Miscellaneous Research Fishery\" — a formal category allowing businesses to catch aquatic animals (fish, shellfish, etc.) specifically for scientific or commercial research, not for general sale or consumption.\n\n**Who it affects:**\n\n- **Businesses** conducting research involving fishing — they can apply for permits to legally catch aquatic resources for their studies\n- **Individual researchers** aged 15+ who need to be \"fit and proper persons\" (basically, people with clean records who can be trusted)\n- **Company directors** — if a company applies, all directors must pass the \"fit and proper\" test\n- **Boat operators** — masters (skippers) of boats used under these permits must be registered\n\n**Key rules:**\n\n- You need a **permit** from the Minister to fish under this scheme\n- The Minister can restrict what fishing activities you can do\n- You must **register** your boats, equipment, and boat masters\n- You must submit **regular reports** to the Department about your fishing activities\n- You must **keep proper records** and show them to fisheries officers when asked\n- Breaking the reporting or record-keeping rules carries fines up to $5,000 (or $500 if you pay the on-the-spot \"expiation\" fee)\n\n**Why it matters:**\n\nThis creates a legal pathway for legitimate research fishing while preventing abuse. Without these rules, researchers might accidentally break standard fishing laws, or bad actors might claim \"research\" to avoid normal restrictions. The regulations balance scientific needs with environmental protection by requiring transparency (reports, records) and ministerial oversight.\n\n**What happens to the old rules:**\n\nThese new regulations replace the 2013 version entirely (they repeal the old regulations)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Schedule 1 repeals the Fisheries Management (Miscellaneous Research Fishery) Regulations 2013 and reg 4(2) limits the fishery to taking aquatic resources for research 'undertaken as part of a business'. That textual change indicates a narrower, business‑focused scope relative to the mere repeal, though the precise difference from the 2013 instrument cannot be fully determined from this text alone."},"complexity_factors":["Ministerial discretion to issue permits, impose conditions and make determinations (regs 5, 6, 11)","Definition of the fishery linked to research 'as part of a business' which changes eligibility and use-case (reg 4(2))","Record-keeping and periodic returns mandated with monetary penalties and expiation fees (regs 9-10)","Procedural requirements for registration and revocation tied to application forms and Ministerial approval (regs 7-8)","Determinations may vary by person or circumstance and require publication and notice, creating operational variability (reg 11(2)-(4))","Repeal of the 2013 Regulations (Schedule 1) may trigger transitional or compliance adjustments for existing operators"],"plain_english_summary":"These regulations create the Miscellaneous Research Fishery, allowing the taking of aquatic resources for research that is undertaken as part of a business. Permit-holders must register boats and masters, provide periodic returns and keep readable records, and face specified penalties for breaches. The Minister decides who may hold permits, may limit permitted activities, and may issue determinations and publishing requirements, so permit-holders bear the compliance cost and respond to administrative direction."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-miscellaneous-research-fishery-regulations-2025","history":"/api/acts/fisheries-management-miscellaneous-research-fishery-regulations-2025/history","analysis":"/api/acts/fisheries-management-miscellaneous-research-fishery-regulations-2025/analysis","conflicts":"/api/acts/fisheries-management-miscellaneous-research-fishery-regulations-2025/conflicts","importantCases":"/api/acts/fisheries-management-miscellaneous-research-fishery-regulations-2025/important-cases","documents":"/api/acts/fisheries-management-miscellaneous-research-fishery-regulations-2025/documents"}}