{"id":"nsw:act-2016-066","name":"Rock Fishing Safety Act 2016","slug":"rock-fishing-safety-act-2016","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"66 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29571,"registerId":"nsw-act-2016-066-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Rock Fishing Safety Act 2016](/view/html/inforce/current/act-2016-066).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > appropriate lifejacket means a lifejacket of a kind prescribed by the regulations.\n> > \n> > Note—\n> > \n> > Clause 3 of Schedule 1 prescribes certain lifejackets as appropriate lifejackets until the regulations make other provision.\n> > \n> > authorised officer means the following:\n> > \n> > > (a) a fisheries officer within the meaning of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038),\n> > \n> > > (b) a person employed by a local council, or subject to its control or direction, who is an authorised person (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) for the purposes of section 679 (Penalty notices for certain offences) of that Act, but only within the local government area of the local council concerned,\n> > \n> > > (c) an officer of the Service within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> > \n> > > (d) a police officer.\n> > \n> > child means a person who is under the age of 12 years.\n> > \n> > fish has the same meaning as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n> > \n> > high risk rock fishing location—see section 4.\n> > \n> > Recreational Fishing (Saltwater) Trust Fund means the Recreational Fishing (Saltwater) Trust Fund established under Division 3 of Part 8 of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n> > \n> > take fish has the same meaning as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n> > \n> > wear, in relation to a lifejacket, means wear with all closing or fastening devices such as zippers, buckles and tapes correctly secured as specified by the manufacturer.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"High risk rock fishing locations","content":"#### 4 High risk rock fishing locations\n\n4 High risk rock fishing locations\n\n> > (1) The Minister may, by order published in the Gazette, declare an area to be an area where high risk rock fishing takes place (a declared area).\n> \n> > (2) In this Act, a high risk rock fishing location is a naturally occurring rock platform or other rock formation exposed to ocean swell within a declared area.\n> \n> > (3) The Secretary of the Department of Planning, Industry and Environment is to cause the following to be published on a publicly accessible website maintained by the Department:\n> > \n> > > (a) each declared area, and\n> > \n> > > (b) a description and map that identify the high risk rock fishing locations within the declared area.\n> \n> **s 4:** Am 2019 No 1, Sch 2.26 \\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Rock fishing without lifejacket at high risk locations","content":"#### 5 Rock fishing without lifejacket at high risk locations\n\n5 Rock fishing without lifejacket at high risk locations\n\n> > (1) A person must not take fish by means of a rod and line or handline, or assist a person to take fish in that manner (for example, by using a handheld net to assist the person to land fish), at a high risk rock fishing location unless the person is wearing an appropriate lifejacket.\n> > \n> > Maximum penalty: 50 penalty units.\n> \n> > (2) A person must not permit a child in the person’s care or supervision at a high risk rock fishing location to take fish by means of a rod and line or handline, or assist a person to take fish in that manner, unless the child is wearing an appropriate lifejacket.\n> > \n> > Maximum penalty: 50 penalty units.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Authorised officer may demand name and address","content":"#### 6 Authorised officer may demand name and address\n\n6 Authorised officer may demand name and address\n\n> > (1) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have committed, or to be committing, an offence against this Act or the regulations to state the person’s full name and residential address.\n> \n> > (2) A person must not fail to comply with a requirement made by an authorised officer under subsection (1).\n> > \n> > Maximum penalty: 50 penalty units.\n> \n> > (3) A person is not guilty of an offence under this section unless it is established that the authorised officer:\n> > \n> > > (a) warned the person that failure to comply with the requirement is an offence, and\n> > \n> > > (b) identified himself or herself to the person as an authorised officer.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 7 Nature of proceedings for offences\n\n7 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Penalty notices","content":"#### 8 Penalty notices\n\n8 Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Fines to be paid into Recreational Fishing (Saltwater) Trust Fund","content":"#### 9 Fines to be paid into Recreational Fishing (Saltwater) Trust Fund\n\n9 Fines to be paid into Recreational Fishing (Saltwater) Trust Fund\n\n> The following amounts are to be paid into the Recreational Fishing (Saltwater) Trust Fund:\n> \n> > (a) all amounts of penalties recovered with respect to offences under this Act, and\n> \n> > (b) all amounts recovered by means of penalty notices for any such offences issued under this Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n10 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may create an offence punishable by a penalty not exceeding 10 penalty units.","sortOrder":9},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":10},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions consequent on enactment of this Act","content":"# Part 2 Provisions consequent on enactment of this Act\n\nPart 2 Provisions consequent on enactment of this Act","sortOrder":13}],"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to have remained consistent with its original narrow purpose of improving rock fishing safety, most likely through mandatory life jacket requirements at designated locations. The 2019 amendment appears to have been administrative rather than a fundamental change in scope. The existence of a 2021 Non-Government Amendment Bill suggests some stakeholders sought to expand or modify the Act's reach, but this had not been passed as of the version reviewed."},"complexity_factors":["Narrow, single-subject focus makes the law relatively straightforward in concept","Dual ministerial responsibility (Police and Local Government) may create some administrative complexity around enforcement and jurisdiction","Designation of specific hazardous locations introduces a regulatory layer that may require ongoing updates","The full substantive provisions were not available in the provided text, limiting complete assessment","Interaction with other coastal management, local government, and marine safety laws could add complexity in practice"],"plain_english_summary":"The Rock Fishing Safety Act 2016 (NSW) targets the high risk of death from fishing on coastal rocks by imposing safety rules—most notably mandating life‑jacket use at designated hazardous rock‑fishing sites. It affects anyone who rock fishes in NSW, and the police, local councils and land managers who designate sites and enforce compliance through fines and other powers. The law aims to reduce drownings and improve on‑site safety."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: mandating lifejacket use for rock fishing at declared high-risk locations. The 2019 amendment (noted in section 4) updated departmental naming but did not expand the Act's substantive scope. The transitional provisions in Schedule 1 were always intended as temporary measures pending regulations, which is standard for new safety regimes."},"complexity_factors":["Short length (10 sections plus a brief Schedule)","Minimal cross-referencing—primarily links to the Fisheries Management Act 1994 for definitions and the Fines Act 1996 for penalty notice procedures","Straightforward conditional structure: offence applies only at 'high risk rock fishing locations' as declared by Ministerial order","Some technical detail in Schedule 1 regarding lifejacket standards (AS 4758) and servicing requirements for inflatable jackets","Nested exceptions in clause 3 of Schedule 1 (transitional lifejacket rules have exclusions for oral-inflation, sizing, condition, and servicing)","No delegated legislative instruments beyond regulations—relatively self-contained"],"plain_english_summary":"**What this law does:**\n\nThis Act makes it compulsory to wear a lifejacket when rock fishing at dangerous coastal spots in New South Wales. It targets a specific, high-risk activity—fishing from rocky ocean platforms where waves can easily sweep people into the water.\n\n**Who it affects:**\n\n- **Rock fishers**—anyone using a rod and line or handline at designated high-risk locations must wear an approved lifejacket. This includes people helping others land fish (like someone holding a net).\n- **Parents and carers**—adults must ensure any child under 12 in their care wears a lifejacket at these locations.\n- **Authorised officers**—fisheries officers, council rangers, National Parks officers, and police can enforce the rules, demand names and addresses, and issue on-the-spot fines.\n\n**How it works:**\n\n- The **Minister** can declare specific coastal areas as \"high risk\" via a Gazette notice (an official government publication). These locations are then listed on a public website with maps.\n- **Lifejackets** must meet Australian safety standards. There are specific rules about what counts as \"appropriate\"—including bans on oral-inflation-only jackets, ill-fitting jackets, and poorly maintained inflatable ones.\n- **Penalties** apply for non-compliance: up to 50 penalty units (a significant fine) for fishing without a lifejacket or letting a child fish without one. Police and other officers can also issue penalty notices (on-the-spot fines, currently set at $100 during the transitional period).\n- **Money collected** from fines goes into the Recreational Fishing (Saltwater) Trust Fund—meaning penalties are reinvested into fishing-related programs rather than general government revenue.\n\n**Why it matters:**\n\nRock fishing is one of the most dangerous recreational activities in Australia, with dozens of drownings annually. This law aims to reduce deaths through a simple, visible safety requirement. It includes a 12-month \"soft start\" (moratorium) where warnings are given instead of fines, allowing fishers time to adapt."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act establishes a new offence and enforcement framework but limits immediate enforceability via transitional moratoria: an initial 12‑month moratorium on prosecution/penalty notices for s5 offences and a regulation power to provide a 12‑month moratorium for newly declared locations (Sch 1 cl 2). The Act also relies on delegated regulations and specified Australian Standard defaults for lifejackets (Sch 1 cl 3), which shape operational scope until regulations are made."},"complexity_factors":["Cross‑references to multiple other Acts and instruments (Fisheries Management Act 1994, Local Government Act 1993, National Parks and Wildlife Act 1974, Fines Act 1996, Marine Safety Regulation 2016) increase interpretive work (see s3 notes, s8, sch1 cl3).","Ministerial discretion to declare ‘declared areas’ and define high risk locations requires administrative mapping and triggers obligations (s4(1)–(3)).","Delegated regulation power: regulations prescribe what counts as an appropriate lifejacket, which offences qualify for penalty notices and penalty amounts (s3 definition, s8, s10; sch1 cl1–3 provide transitional/default standards referencing AS 4758).","Transitional moratoriums delay enforcement for new or initial declarations, changing the temporal scope of liability (Sch 1 cl 2).","Enforcement mechanics mix summary proceedings, penalty notices and statutory identification/warning requirements for authorised officers (s6–s8), creating procedural compliance points.","Operational detail on lifejacket condition, servicing and size (Sch 1 cl 3) introduces technical compliance burdens on individuals."],"plain_english_summary":"Requires people to wear a prescribed “appropriate” lifejacket when rock fishing with a rod or handline on Minister‑declared high‑risk rock platforms; creates penalties and a penalty‑notice scheme, allows authorised officers to demand name and address, and directs fines into the Recreational Fishing (Saltwater) Trust Fund.\n\nAffects recreational rock fishers and supervising adults. Compliance costs include buying, wearing and maintaining specified lifejackets; enforcement depends on Ministerial declarations, published maps, authorised officers and delegated regulations (including temporary moratoria and lifejacket standards)."}},"importantCases":[],"_links":{"self":"/api/acts/rock-fishing-safety-act-2016","history":"/api/acts/rock-fishing-safety-act-2016/history","analysis":"/api/acts/rock-fishing-safety-act-2016/analysis","conflicts":"/api/acts/rock-fishing-safety-act-2016/conflicts","importantCases":"/api/acts/rock-fishing-safety-act-2016/important-cases","documents":"/api/acts/rock-fishing-safety-act-2016/documents"}}