{"id":"nsw:sl-2014-0740","name":"Fisheries Management (Southern Bluefin Tuna) Order 2014","slug":"fisheries-management-southern-bluefin-tuna-order-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"740 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177743,"registerId":"nsw-nsw:sl-2014-0740-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Fisheries Management (Southern Bluefin Tuna) Order 2014](/view/html/inforce/current/sl-2014-0740).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on the day on which it is published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Recreational fishers may take and possess southern bluefin tuna","content":"#### 3 Recreational fishers may take and possess southern bluefin tuna\n\n3 Recreational fishers may take and possess southern bluefin tuna\n\n> A recreational fisher may take and possess southern bluefin tuna (*Thunnus maccoyii*) subject to compliance with any requirements imposed by or under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) that apply to or in respect of the taking and possession of southern bluefin tuna.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument itself does not introduce new substantive regulatory restrictions or permissions beyond confirming that recreational fishers may take and possess southern bluefin tuna subject to existing or future requirements made under the Fisheries Management Act 1994 (s 3). There is no indication within this Order that it expands or narrows scope relative to the Act; instead it delegates the detailed scope and limits to requirements imposed by or under that Act (s 3)."},"complexity_factors":["Very short instrument (three operative provisions: name, commencement, permissive clause) (ss 1–3).","Main substantive effect is a cross-reference to another statute (Fisheries Management Act 1994), which transfers complexity to that Act (s 3).","Operational detail (limits, permits, fees, enforcement) is not in this Order but depends on secondary rules under the Act, creating external dependency and interpretive uncertainty (s 3).","Immediate commencement upon Gazette publication reduces phased implementation complexity but requires prompt administrative readiness (s 2).","Low number of discretionary provisions within the Order itself; however, high potential administrative discretion exists in the referenced Act (s 3)."],"plain_english_summary":"### What this Order does (mechanically)\n\n- Names the instrument as the Fisheries Management (Southern Bluefin Tuna) Order 2014 (s 1).\n- States it begins on the day it is published in the Gazette (s 2).\n- Declares that recreational fishers may take and possess southern bluefin tuna (Thunnus maccoyii) but only if they comply with any requirements made by or under the Fisheries Management Act 1994 that apply to taking and possession of that species (s 3).\n\n### Who is affected\n\n- Recreational fishers: they are explicitly permitted to take and possess southern bluefin tuna, conditional on meeting whatever rules the Fisheries Management Act 1994 (the Act) requires (s 3).\n- Agencies that administer and enforce the Fisheries Management Act 1994: they remain responsible for specifying and enforcing the detailed requirements referenced by this Order (s 3).\n\n### Who pays and who decides\n\n- Who pays: recreational fishers bear the direct compliance costs (time, possible fees, record-keeping, changes in behaviour) required by the Act’s rules referenced in s 3. Government agencies carry enforcement and administrative costs of applying the Act’s requirements.\n- Who decides: this Order does not itself set limits or conditions. The substantive rules (for example, bag limits, size limits, permits, reporting or fees) are those imposed by or under the Fisheries Management Act 1994; those decisions lie with whoever is empowered under that Act (s 3).\n\n### How behaviour changes and what it means in practice\n\n- Before this Order takes effect, the Order itself imposes no new technical limits; it simply confirms recreational fishers may take and possess southern bluefin tuna provided they follow the Act’s requirements (s 3).\n- Practical effects therefore depend on the content of the Fisheries Management Act 1994 instruments made under it. The Order delegates the detailed constraints, monitoring and enforcement mechanics to that Act (s 3).\n\n### Trade-offs, compliance burdens and implementation risks\n\n- Trade-offs: the Order leaves substantive rule-making to the Act rather than prescribing limits itself (s 3). That concentrates rule detail in another instrument rather than this Order.\n- Compliance burden: the Order creates an obligation for recreational fishers to comply with requirements under the Act; the nature and scale of that burden depend on those requirements (s 3).\n- Bureaucratic discretion and implementation risk: because the Order refers to requirements “imposed by or under” the Act, administrative actors authorised by the Act determine the specific rules and their enforcement; this creates reliance on secondary instruments and administrative practice for operational detail (s 3).\n\n### Effects on private choice and markets\n\n- The Order affects individual recreational choices by allowing taking and possession of southern bluefin tuna subject to legal requirements (s 3). It does not itself alter commercial fishing entitlements, quotas, or market instruments in text provided here.\n\n### Source citations\n\n- Name of Order: s 1.\n- Commencement: s 2.\n- Permission and conditionality for recreational fishers: s 3."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Order has not been amended since it was made on 21 November 2014. There is no indication of scope creep or narrowing from its original intent. However, because the substantive provisions were not included in the provided text, it is not possible to confirm whether the practical scope aligns with the original legislative intent."},"complexity_factors":["The document as provided contains virtually no substantive legal text — only website metadata and navigation elements, making analysis of actual legal content impossible","Southern Bluefin Tuna management involves interplay between NSW state law, federal fisheries law, and international treaty obligations (CCSBT), which adds inherent regulatory complexity","Orders made under fisheries legislation can interact with licensing conditions, quota systems, and catch reporting requirements — all of which add layers if the full text were available","The order has remained unchanged since 21 November 2014, suggesting it is either narrow in scope or has been superseded in practice by other instruments"],"plain_english_summary":"## Fisheries Management (Southern Bluefin Tuna) Order 2014\n\nThis is a **NSW state government order** dealing with the management of **Southern Bluefin Tuna** — a highly valuable but critically endangered fish species found in southern Australian waters.\n\n**What it does:** This Order sits under NSW's *Fisheries Management Act 1994* and sets specific rules or restrictions relating to how Southern Bluefin Tuna can be caught, held, or dealt with in NSW waters or by NSW-licensed fishers.\n\n**Who it affects:**\n- Commercial fishers operating in NSW who may encounter or target Southern Bluefin Tuna\n- Anyone holding, buying, selling, or processing Southern Bluefin Tuna in NSW\n\n**Why it matters:** Southern Bluefin Tuna is one of the world's most overfished species and is managed under an international quota system (through the Commission for the Conservation of Southern Bluefin Tuna). This Order helps NSW align with those national and international obligations by controlling how much can be caught and by whom.\n\n**Important caveat:** The document provided contains **almost no substantive legal content** — it is largely website navigation and metadata from the NSW legislation website. The actual operative clauses (the rules themselves) were not included in the text provided, so a full analysis of the specific obligations cannot be made."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow scope. It was clearly intended from the outset to address a specific, limited question: whether recreational fishers may take southern bluefin tuna. The Order does exactly that in a single paragraph, with no expansion into broader fisheries management issues."},"complexity_factors":["Only 3 operative sections total","No defined terms section","Single substantive provision (section 3) with straightforward conditional language","No cross-references beyond a single reference to the parent Act","No nested exceptions or complex conditional logic","Extremely narrow scope addressing one species and one class of fisher"],"plain_english_summary":"This law allows recreational fishers (people fishing for fun, not for business) to catch and keep southern bluefin tuna, but only if they follow the rules set out in the main Fisheries Management Act 1994. It essentially creates a specific exemption or permission for recreational anglers to target this particular species, which might otherwise be restricted.\n\n**Key points:**\n- **Who it affects:** Recreational fishers in Australia who want to catch southern bluefin tuna\n- **What it does:** Gives them legal permission to take and possess this specific fish species\n- **The catch:** They must still follow all other rules in the Fisheries Management Act 1994 about how, when, and where they can fish\n- **Why it matters:** Without this order, recreational fishers might be banned from catching southern bluefin tuna entirely, or face stricter limits. This sets the baseline that they *can* fish for it, subject to other regulations."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-southern-bluefin-tuna-order-2014","history":"/api/acts/fisheries-management-southern-bluefin-tuna-order-2014/history","analysis":"/api/acts/fisheries-management-southern-bluefin-tuna-order-2014/analysis","conflicts":"/api/acts/fisheries-management-southern-bluefin-tuna-order-2014/conflicts","importantCases":"/api/acts/fisheries-management-southern-bluefin-tuna-order-2014/important-cases","documents":"/api/acts/fisheries-management-southern-bluefin-tuna-order-2014/documents"}}