{"id":"fisheries-management-river-fishery-regulations-2017","name":"Fisheries Management (River Fishery) Regulations 2017","slug":"fisheries-management-river-fishery-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235558,"registerId":"sa-fisheries-management-river-fishery-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (River Fishery) Regulations 2017","content":"South Australia\nFisheries Management (River Fishery) Regulations 2017\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tConstitution of River Fishery\n5\tConditions limiting certain fishing activities to specified areas\n6\tMaximum number of licences that may be in force\n7\tRegistration\n8\tRevocation of registration\n9\tUse of agents in fishing activities\n10\tPeriodic returns\n11\tProvision relating to keeping of records\n12\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for River Fishery\nSchedule 2—Revocation of Fisheries Management (River Fishery) Regulations 2006 and transitional provision\n1\tRevocation of Fisheries Management (River Fishery) Regulations 2006\n2\tEligibility to be granted fishery licence\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (River Fishery) Regulations 2017.\n2—Commencement\nThese regulations will come into operation on 15 January 2018.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\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 River Fishery constituted by these regulations.\n\t(2)\tIn these regulations—\n\t(a)\tcommon and scientific fish names are given according to AS 5300—2015 Australian Fish Names Standard published by Standards Australia, as in force from time to time;\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 River Fishery\n\t(1)\tThe River Fishery is constituted.\n\t(2)\tThe River Fishery consists of the taking of fish specified in Schedule 1 in the River Murray.\n5—Conditions limiting certain fishing activities to specified areas\nThe Minister may impose a condition on a licence in respect of the fishery limiting to specified areas of the River Murray the fishing activities that may be engaged in under the licence.\n6—Maximum number of licences that may be in force\nThe maximum number of licences that may be in force in respect of the fishery is the number of licences in force in respect of the fishery immediately before the commencement of this regulation.\n7—Registration\nAn 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.\n8—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 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—Use of agents in fishing activities\nThe holder of a licence in respect of the fishery must not cause or permit—\n\t(a)\ta person to be engaged on the shore as their agent in a fishing activity of a class that constitutes the fishery unless—\n\t(i)\tthe holder of the licence is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and\n\t(ii)\tthe holder of the licence and the other person remain, while so engaged, within 500 metres of each other; or\n\t(b)\tmore than 2 other persons to be engaged at the same time on the shore as their agents in a fishing activity of a class that constitutes the fishery.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n10—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.\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 they are 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—Aquatic resources prescribed for River Fishery\n\nCrustaceans\nYabby (Cherax spp)\nScalefish\nBony Bream (Nematalosa erebi)\nCarp of all species (Family Cyprinidae)\nRedfin (Perca fluviatilis)\nBrown Trout (Salmo trutta)\nRainbow Trout (Oncorhynchus mykiss)\nAll other non‑native fish\nSchedule 2—Revocation of Fisheries Management (River Fishery) Regulations 2006 and transitional provision\n1—Revocation of Fisheries Management (River Fishery) Regulations 2006\nThe Fisheries Management (River Fishery) Regulations 2006 are revoked.\n2—Eligibility to be granted fishery licence\nOnly a person who is, immediately before the commencement of these regulations, the holder of a licence in respect of the fishery, may make an application under section 54 of the Act for a licence in respect of the fishery.\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\n2017\n234\nGazette 8.8.2017 p3438 \n15.1.2018: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose. They replace the 2006 regulations with essentially the same framework: a capped-entry commercial fishery for the River Murray with ministerial discretion over operational details. The scope has not expanded beyond managing a specific river fishery."},"complexity_factors":["Only 6 defined terms in the interpretation section (Act, Department, fishery, plus fish naming standard and preparatory acts)","Straightforward structure with 12 main regulations plus 2 schedules","Minimal cross-referencing — primarily refers back to the parent Fisheries Management Act 2007 for licensing procedures","Simple conditional logic: one nested condition in regulation 9 (shore agent rules) and one transitional eligibility rule in Schedule 2","No exceptions to exceptions or deeply nested provisions","Schedules contain simple lists (fish species) and a single transitional provision rather than complex machinery provisions"],"plain_english_summary":"These regulations create a specific fishing zone called the 'River Fishery' along the River Murray in South Australia. They control who can fish, what they can catch, and how they operate.\n\n**What this does:**\n- **Sets up the fishery**: Establishes a regulated fishing area in the River Murray for specific species including yabbies, bony bream, carp, redfin, trout, and other non-native fish.\n- **Caps licences**: Freezes the number of fishing licences at whatever existed before January 2018 — no new commercial fishers can enter the market.\n- **Controls fishing methods**: The Minister can restrict where licence holders can fish, and limits shore-based fishing to maximum 2 assistants who must stay within 500 metres of the licence holder.\n- **Requires paperwork**: Licence holders must register their boats and equipment, submit regular catch reports to the Department, and keep proper records.\n- **Grandfathers existing operators**: Only people who already held licences before 2018 can apply for new ones — this is a 'closed fishery' to new entrants.\n\n**Who it affects:**\n- Commercial fishers already operating in the River Murray before 2018\n- Anyone wanting to buy or transfer an existing fishing licence\n- The Department of Primary Industries and Regions (or equivalent) which administers the scheme\n\n**Why it matters:**\nThis is a classic example of 'rights-based fisheries management.' By freezing licence numbers, the government prevents overfishing and protects the economic value of existing licences. It also gives the Minister flexible powers to adjust rules without needing new laws each time."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations revoke the 2006 River Fishery regulations and narrow future access: only persons who held a licence immediately before commencement may apply under section 54 of the Act for a River Fishery licence (Schedule 2(1)–(2)). This changes scope by preserving the existing licence pool and restricting new entrants."},"complexity_factors":["Ministerial discretion to restrict areas and make determinations (regs 5, 12)","Licence cap tied to pre‑commencement licence numbers rather than a numeric limit (reg 6)","Prescriptive registration and revocation procedures with form requirements (regs 7–8)","Reporting and record‑keeping obligations with specified penalties and inspection powers (regs 10–11)","Schedules prescribing species including a broad category of 'all other non‑native fish' (Sch 1)","Transitional revocation and narrow eligibility for future licences limited to current holders (Sch 2(1)–(2))"],"plain_english_summary":"These regulations create the River Fishery for parts of the River Murray, list the aquatic species covered (Schedule 1), freeze the number of licences at the level immediately before commencement, and set rules for registering boats and masters, reporting, record‑keeping and limits on shore agents. The Minister may limit fishing to specified river areas and make determinations that licence‑holders must follow (regs 4–12, Sch 1).\n\nThe rules primarily affect existing licence‑holders (who bear compliance costs, record and reporting obligations, and penalties) and give decision power to the Minister and the Department (regs 5, 7–12; Sch 2(2))."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this regulation changed from its original intent, as no legislative text was successfully retrieved. The page returned an error, providing no content for comparison or analysis."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 404 Page Not Found error","Score of 1 reflects the absence of any legal text to assess, not simplicity of the underlying law","River fishery regulations in other jurisdictions are typically moderate-to-high complexity (scoring 5–7) due to licensing schemes, quota systems, and enforcement provisions — but this cannot be confirmed here"],"plain_english_summary":"The Fisheries Management (River Fishery) Regulations 2017 (SA) would set detailed rules under the Fisheries Management Act for river fishing in South Australia—covering who may fish, licensing/permits, permitted catches and gear, and penalties for breaches. It directly affects commercial and recreational fishers (and others using SA rivers), because it governs access, allowable take and enforcement."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-river-fishery-regulations-2017","history":"/api/acts/fisheries-management-river-fishery-regulations-2017/history","analysis":"/api/acts/fisheries-management-river-fishery-regulations-2017/analysis","conflicts":"/api/acts/fisheries-management-river-fishery-regulations-2017/conflicts","importantCases":"/api/acts/fisheries-management-river-fishery-regulations-2017/important-cases","documents":"/api/acts/fisheries-management-river-fishery-regulations-2017/documents"}}