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Fisheries Act 1988
47Regulations
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47 Regulations
(1) The Administrator may make regulations under this Act.
(2) A regulation may make provision for or in relation to the following:
(a) generally regulating fishing, the selling or trading of fish and
aquaculture;
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(ab) managing a fishery, or a designated area within a fishery,
through a quota system;
(ac) authorising the Minister to determine, by Gazette notice, any
matter required for the operation of a quota system;
(b) prohibiting or regulating the taking (including declaring closed
or open seasons), buying, selling, marketing, transporting,
processing, preparing or offering for consumption in any public
eating-house, acquiring, receiving, disposing of, or having in
possession any fish;
(c) regulating the provision and maintenance of facilities on
vessels, vehicles or other conveyances, or in premises, for the
handling, transportation, preservation, preservation alive,
storage, or storage in transit of fish; and prescribing measures
to protect from sun, weather, or contamination, any fish being
handled or transported;
(d) regulating the quantity of fish that may at any one time be on
board a vessel or vehicle or other conveyance or be conveyed
on any vessel or vehicle or other conveyance or animal, or
kept in any container, or place, or in the possession of any
person or of any prescribed number of persons;
(e) empowering the Minister or Director to prescribe, by notice in
the Gazette, fees or levies, and prescribing the method of
assessing the fees or levies, the amounts payable, the person
liable for payment, and the circumstances in which the
Minister or the Director may remit or refund the whole or any
part of such fees or levies;
(f) defining or prescribing the specifications for the vessels or
classes or types of vessels to which any regulations are to
apply, and providing for the exemption of any vessels or
classes or types of vessels from any such regulations;
(g) regulating, prohibiting, or prescribing the use, size, design,
construction materials, or quantity of fishing gear;
(h) prescribing the method or methods of identifying vessels,
specifying identification marks or symbols or distinguishing
flags to be carried by vessels and by tender vessels and
similar vessels carried by or attached to or used in conjunction
with any vessels, and where any such identification marks
shall be placed, and the identification marks on sails, nets or
seines, or other fishing gear;
(j) the conduct of licensees, persons working with or for
licensees, lessees, persons who are carrying out amateur
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fishing, and persons who process, carry, land, trans-ship
(whether at sea or otherwise), sell, or buy fish, or make,
repair, or sell gill net;
(k) noxious species, exotic fish, and other fish;
(m) hygiene on vessels and in the use of plant, fishing gear,
containers, equipment, and vehicles;
(n) diseases, disease prevention and control, quarantine and
quarantine places;
(p) the granting of permits for the landing or sale of fish lawfully
taken in Territory waters or elsewhere under a law of the
Commonwealth, a State or another Territory;
(q) registering vessels, and specifying conditions subject to which
a vessel may be registered;
(qa) fishing monitoring and vessel monitoring, including authorising
the Director to require all holders of a class of licence or
permit, or all owners of a class of registered vessel, to install
and operate fishing monitoring equipment or a vessel
monitoring system or both on a vessel;
(r) prohibiting or regulating the granting, renewal, or transfer of
licences (in whole or in part), determining the number of
licences that may be granted in respect of any fishery or the
number of persons that may fish in a fishery, and specifying
the conditions subject to which a licence may be granted,
renewed, or transferred;
(s) regulating, restricting, or imposing conditions on the canning,
smoking, freezing, or other preserving of fish for sale and its
possession for sale when canned, smoked, frozen, or
otherwise preserved, and providing for the inspection of and
imposing conditions of operation on canneries, smokehouses,
freezing chambers, refrigerating works, and any premises (not
being a dwelling-house) where fish are canned, smoked,
frozen, preserved, treated, dressed, or stored, for sale;
(t) requiring and authorising the provision of devices and facilities
to permit or control the passage of fish through or around any
dam or other structure that may impede the natural movement
of fish upstream or downstream;
(u) prohibiting or regulating the possession, the retention in
captivity, or the transfer to or release into any waters, of any
live fish;
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(w) authorising the Director, subject to such conditions as may be
prescribed in the Regulations, to regulate the use of electric
fishing devices for taking fish.
Examples for subsection (2)(ac)
1 Total allowable catch.
2 The allocation of total allowable catch between licensees.
(3) Regulations under this section may be made with respect to aquatic
life as regulations may be made with respect to fish.
(4) Regulations under this section may apply special conditions or
confer special rights in relation to fishing by or under the authority of
specified communities, persons, or classes of persons (including
tour operators).
(5) Money payable by way of refund under regulations made under
subsection (2)(e) is to be paid from the public money of the
Territory and the appropriation for that purpose is established or
increased to the extent necessary.
(5A) The Regulations may deem a person to be in possession of fish in
prescribed circumstances.
(5B) The Regulations may:
(a) subject to paragraph (b), for an offence against a regulation,
prescribe a fine not exceeding 170 penalty units and, if the
offence is a continuing one, prescribe a further fine not
exceeding 4 penalty units for each day after the first day
during which the offence has continued; and
(b) for an offence against a regulation that is an offence of strict
liability, prescribe a penalty not exceeding 100 penalty units.
(6) The Regulations may prescribe different penalties for different
classes of offender for an offence against the Regulations.