{"id":"sl-2001-29","name":"Fisheries Regulation 2001","slug":"fisheries-regulation-2001","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"29 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173374,"registerId":"act-sl-2001-29-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Regulation 2001","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFisheries Regulation 2001\nSL2001-29\nmade under the\nFisheries Act 2000\nRepublication No 8\nEffective: 18 November 2019\nRepublication date: 18 November 2019\nLast amendment made by A2019-27\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Fisheries Regulation 2001, made under the Fisheries Act 2000\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 18 November 2019. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 18 November 2019.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR8\n18/11/19\nFisheries Regulation 2001\nEffective: 18/11/19\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFisheries Regulation 2001\nmade under the\nFisheries Act 2000\nContents\nPage\n1 Name of regulation 2\n2 Notes 2\n2A Offences against regulation—application of Criminal Code etc 2\n3 Prescribed number of fish—Act, s 37 (1) 2\n4 Prescribed quantity of fish—Act, s 45 (1) 2\n4AA Aquaculture capacity limit—Act, s 48 3\n4A Commercial quantity—Act, dict, def commercial quantity 3\n5 Hoop nets 3\n\nContents\nPage\ncontents 2 Fisheries Regulation 2001\nEffective: 18/11/19\nR8\n18/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes 4\n2 Abbreviation key 4\n3 Legislation history 5\n4 Amendment history 6\n5 Earlier republications 7\n\nR8\n18/11/19\nFisheries Regulation 2001\nEffective: 18/11/19\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFisheries Regulation 2001\nmade under the\nFisheries Act 2000\n\nSection 1\npage 2 Fisheries Regulation 2001\nEffective: 18/11/19\nR8\n18/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Fisheries Regulation 2001.\n2 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n2A Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n3 Prescribed number of fish—Act, s 37 (1)\nThe number of fish prescribed for any period is zero.\n4 Prescribed quantity of fish—Act, s 45 (1)\nThe quantity of fish prescribed is 0kg.\n\nSection 4AA\nR8\n18/11/19\nFisheries Regulation 2001\nEffective: 18/11/19\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4AA Aquaculture capacity limit—Act, s 48\nThe prescribed aquaculture capacity limit is 10 000L.\n4A Commercial quantity—Act, dict, def commercial quantity\nThe quantity of fish of a priority species that is a commercial quantity\nis as follows:\n(a) for abalone—100 or more;\n(b) Murray Cod—20 or more;\n(c) for rock lobster—20 or more.\n5 Hoop nets\n(1) This section applies if the Minister declares under the Act, section 17\n(Declaration of fishing gear) that hoop nets are fishing gear that may\nbe used for taking fish (or a particular kind of fish).\n(2) A person must not use a hoop net other than by lowering it into the\nwater and drawing it out by hand vertically.\nMaximum penalty: 5 penalty units.\n(3) An offence against this section is a strict liability offence.\n\nEndnotes\n1 About the endnotes\npage 4 Fisheries Regulation 2001\nEffective: 18/11/19\nR8\n18/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR8\n18/11/19\nFisheries Regulation 2001\nEffective: 18/11/19\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Fisheries Regulations 2001. It was renamed\nunder the Legislation Act 2001.\nFisheries Regulation 2001 A2001-29\nnotified 30 August 2001 (Gaz 2001 No 35)\ncommenced 30 August 2001 (s 2)\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.30\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.30 commenced 17 September 2002 (s 2 (1))\nFisheries Amendment Regulations 2004 (No 1) SL2004-2\nnotified LR 15 January 2004\ns 1, s 2 commenced 15 January 2004 (LA s 75 (1))\nremainder commenced 16 January 2004 (s 2)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.22\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.22 commenced 24 November 2005 (s 2)\nFisheries Amendment Act 2006 A2006-48 s 24\nnotified LR 28 November 2006\ns 1, s 2 commenced 28 November 2006 (LA s 75 (1))\ns 24 commenced 29 November 2006 (s 2)\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.14\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.14 commenced 11 July 2007 (s 2 (1))\nFisheries Legislation Amendment Act 2019 A2019-27 pt 3\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\npt 3 commenced 18 November 2019 (s 2 and CN2019-17)\n\nEndnotes\n4 Amendment history\npage 6 Fisheries Regulation 2001\nEffective: 18/11/19\nR8\n18/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R4 LA\nNotes\ns 2 om LA s 89 (4)\nins A2005-54 amdt 1.154\nOffences against regulation—application of Criminal Code etc\ns 2A ins A2005-54 amdt 1.154\nPrescribed number of fish—Act, s 37 (1)\ns 3 sub A2002-30 amdt 3.374\nPrescribed quantity of fish—Act, s 45 (1)\ns 4 sub A2002-30 amdt 3.374\nAquaculture capacity limit—Act, s 48\ns 4AA ins A2019-27 s 77\nCommercial quantity—Act, dict, def commercial quantity\ns 4A hdg sub A2007-16 amdt 3.62\ns 4A ins A2006-48 s 24\nam A2019-27 s 78; pars renum R8 LA\nHoop nets\ns 5 sub A2005-54 amdt 1.155\nInfringement notice offences—Act, s 90, def of infringement notice offence\ns 6 om SL2004-2 s 4\nInfringement notice penalties—Act, s 90, def of infringement notice penalty\ns 7 om SL2004-2 s 4\nCost of serving reminder notice—Act, s 90, def of infringement notice\npenalty, par (b)\ns 8 om SL2004-2 s 4\nInfringement notice offences and penalties\nsch 1 om SL2004-2 s 4\n\nEndnotes\nEarlier republications 5\nR8\n18/11/19\nFisheries Regulation 2001\nEffective: 18/11/19\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 Aug 2001\n30 Aug 2001–\n16 Sept 2002\nnot amended new regulation\nR2\n23 Sept 2002\n17 Sept 2002–\n15 Jan 2004\nA2002-30 amendments by\nA2002-30\nR3\n16 Jan 2004\n16 Jan 2004–\n1 Nov 2004\nSL2004-2 amendments by\nSL2004-2\nR4\n2 Nov 2004\n2 Nov 2004–\n23 Nov 2005\nSL2004-2 includes editorial\namendments\nunder\nLegislation Act\nR5\n24 Nov 2005\n24 Nov 2005–\n28 Nov 2006\nA2005-54 amendments by\nA2005-54\nR6\n29 Nov 2006\n29 Nov 2006–\n10 July 2007\nA2006-48 amendments by\nA2006-48\nR7\n11 July 2007\n11 July 2007–\n17 Nov 2019\nA2007-16 amendments by\nA2007-16\n© Australian Capital Territory 2019","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":3,"scope_assessment":{"changed":false,"description":"The regulation remains within its original purpose of supplying numeric limits and operational details required by the Fisheries Act 2000. Later amendments have updated or added specific numeric thresholds (for aquaculture capacity and commercial quantity for particular species) and clarified gear use, but these are refinements of the regulation’s technical scope rather than a material expansion beyond prescribing operational limits and offence particulars under the Act."},"complexity_factors":["Short instrument: 5 substantive sections (plus notes and machinery sections)","Few numeric thresholds (zero limits, 0 kg, 10,000 L, 3 species thresholds)","Multiple cross‑references to the Fisheries Act 2000 (s 17, s 37(1), s 45(1), s 48) but no complex nested conditional logic within the regulation itself","One strict liability offence (hoop nets) with a fixed, modest penalty (5 penalty units)","Some delegated discretion retained to the Minister (declaration of gear), which requires reading both Act and instrument together","Amendment history present but amendments are numeric/definitional rather than adding layered exceptions"],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Sets specific numeric and behavioural rules that operate under the Fisheries Act 2000.\n  - Section 3: where the Act refers to a \"prescribed number of fish\" for any period, this regulation sets that number to zero. (So the regulation supplies the numeric value the Act uses in other offences or exemptions.)\n  - Section 4: where the Act refers to a \"prescribed quantity of fish\", this regulation sets that quantity to 0 kg.\n  - Section 4AA: sets the prescribed aquaculture capacity limit at 10,000 litres (this is the numeric capacity used under the Act's aquaculture provisions).\n  - Section 4A: defines \"commercial quantity\" for three priority species: abalone (100 or more), Murray Cod (20 or more) and rock lobster (20 or more).\n  - Section 5: if the Minister declares hoop nets to be permitted fishing gear, hoop nets may only be used by lowering them into the water and lifting them vertically by hand; breaching this method rule is an offence with a maximum penalty of 5 penalty units and is a strict liability offence.\n- Section 2A confirms that the Criminal Code (general criminal principles) and the Legislation Act rules on penalty units apply to offences under this regulation.\n\n**Who this affects\n\n- Recreational fishers and anyone who might possess or take fish in the ACT: the regulation supplies the numeric limits that the Fisheries Act uses when creating offences or exemptions (see s 3 and s 4).\n- Commercial operators and those selling or transporting fish: the regulation defines when quantities of certain species count as \"commercial quantity\" (s 4A), which will affect how the Act treats commercial activity for those species.\n- Aquaculture businesses or applicants: the regulation caps prescribed aquaculture capacity at 10,000 L for the relevant Act provisions (s 4AA).\n- Fishers using hoop nets and the administrative decision‑maker (the Minister): use of hoop nets is constrained in technique if the Minister permits them (s 5). Enforcement agencies and the courts are affected by the strict liability classification for the hoop net offence (s 5(3)).\n\n**Why it matters (direct consequences and operational effects)\n\n- The regulation supplies precise numeric triggers that the Fisheries Act relies on. Setting the \"prescribed number\" and \"prescribed quantity\" to zero (ss 3–4) means the Act's default numeric thresholds are nil unless other specialised permissions, exemptions, licence conditions or separate regulations provide otherwise. That shifts the practical question of where taking or possessing fish is allowed to other specific instruments or licences.\n- By defining \"commercial quantity\" for particular priority species (s 4A), the regulation creates clear thresholds that determine whether activity with those species is treated as commercial under the Act. That in turn determines which licensing, reporting and offence rules apply for those species.\n- The aquaculture capacity limit (s 4AA) places a firm ceiling on the prescribed capacity used for regulation; applicants and operators planning tanked or container aquaculture must design operations to that scale where the prescribed limit is relevant.\n- The hoop‑net rule (s 5) constrains a permitted gear type to a simple, manual method. Mechanically this reduces the variety of allowed deployment and retrieval techniques; as a strict liability offence with a modest fine (5 penalty units), it is relatively easy for regulators to prosecute breaches without proving mental state.\n\n**Who pays and who decides\n\n- Fishers (recreational and commercial) bear compliance costs: they must observe zero/default limits unless they hold or rely on a separate lawful authorisation; some activities could require licences or permits to lawfully possess or deal in fish.\n- Aquaculture operators face a capacity constraint when the Act uses the prescribed limit.\n- The Minister (or delegated decision‑maker) retains discretion to declare fishing gear permitted under the Act (s 5(1)); the regulation then prescribes how that gear may physically be used.\n\n**Costs, incentives and practical trade‑offs to watch (implementation, compliance and market effects)\n\n- Regulatory clarity vs. reliance on other instruments: prescribing nil defaults (ss 3–4) is clear, but it makes lawful taking heavily reliant on licences, exemptions or other regulations. That concentrates regulatory power into those other instruments and raises compliance costs for fishers who must check for specific permissions.\n- Business planning & scale limits: the fixed aquaculture capacity and the species commercial‑quantity thresholds create hard boundaries for business decisions (investment, processing, marketing). They reduce regulatory uncertainty about numeric thresholds, but they also impose a limit that could require commercial operators to alter scale or structure of operations.\n- Enforcement and risk allocation: classifying the hoop‑net method offence as strict liability (s 5(3)) lowers the prosecution threshold; defendants cannot rely on proving lack of intent. That reduces regulatory enforcement costs but increases legal risk for fishers for breaches that may be accidental.\n- Administrative discretion and substitution effects: the Minister’s power to declare gear allowed (s 5(1)) means operational permissions can change without amending the regulation itself. Fishers may substitute gear types or methods in response to declarations, altering labour inputs (hoop nets must be hand‑handled) and potentially affecting productivity and costs.\n\n**Relevant penalties and enforcement detail\n\n- The hoop‑net breach attracts a maximum penalty of 5 penalty units (the Legislation Act sets the monetary value of a penalty unit; at the republication date cited in the instrument a penalty unit was $160 for individuals and $810 for corporations). Section 2A also makes the Criminal Code and penalty‑unit rules applicable to offences under the regulation.\n\n(References: Fisheries Regulation 2001, ss 2A, 3–5, 4A, 4AA.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulation has shrunk significantly from its original scope. The amendment history shows sections 6, 7, and 8 (covering infringement notice offences, penalties, and costs) and Schedule 1 were all omitted in 2004. These provisions previously detailed specific fines and administrative enforcement mechanisms. The current version is a stripped-back technical instrument setting only quantitative limits and gear rules, having shed its enforcement machinery (likely moved to the parent Act or other instruments)."},"complexity_factors":["Extremely short—only 5 substantive sections plus administrative provisions","Minimal cross-referencing—only references to parent Act sections for context","No nested exceptions or conditional logic beyond simple 'if' statements","Only one defined term used ('priority species' assumed from parent Act)","Straightforward numerical prescriptions (0, 0kg, 10,000L, specific counts)","Single offence provision with clear strict liability designation"],"plain_english_summary":"This regulation supplies the technical rules that make the Fisheries Act operable in the ACT: it establishes a default zero‑take rule so fish can’t be taken without authorisation, sets thresholds that turn possession into commercial offences, caps aquaculture tank capacity, and tightly restricts hoop‑net handling with an enforceable penalty. It directly affects recreational and commercial fishers, aquaculture operators, and anyone using gear in ACT waters, and matters because it turns broad legal prohibitions into clear, enforceable limits."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-regulation-2001","history":"/api/acts/fisheries-regulation-2001/history","analysis":"/api/acts/fisheries-regulation-2001/analysis","conflicts":"/api/acts/fisheries-regulation-2001/conflicts","importantCases":"/api/acts/fisheries-regulation-2001/important-cases","documents":"/api/acts/fisheries-regulation-2001/documents"}}