Fisheries Act 1994 (Queensland) — Zoe

Queensland act

Fisheries Act 1994

In ForceQLD

Jurisdiction

Queensland

Act Number

37 of 1994

Collection

act

Plain English Summary

8/10 complexity

The Fisheries Act 1994 is Queensland's main law for managing the state's fish and their habitats. It aims to balance using, conserving, and improving fisheries resources in a sustainable way that benefits the community economically, socially, and culturally. It covers commercial fishing, recreational fishing, Indigenous fishing, aquaculture, and protecting fish habitats. There's also a program to reduce shark attacks near beaches. The Act sets rules for fishing, including what you can catch, where, and how, with penalties for breaking them. It promotes consultation and transparency in management decisions.

JSON API

Deep Dive

4,974 words · generated 24/04/2026

What it does

The Fisheries Act 1994 (Qld) establishes a comprehensive framework for the sustainable management of Queensland's fisheries resources and fish habitats. At its core, the Act's main purpose, as articulated in s.3(1), is to provide for the use, conservation and enhancement of the community's fisheries resources and fish habitats in a way that applies and balances the principles of ecologically sustainable development (ESD). ESD is defined in s.3(5) as using, conserving and enhancing those resources and habitats so that ecological processes are maintained and the total quality of life, both now and in the future, can be improved. The principles of ESD, listed in s.3(5), include intergenerational equity, protection of biological diversity, integration of economic, environmental and social considerations, the precautionary principle, and broad community involvement.

A further, distinct purpose under s.3(3) is to reduce the possibility of shark attacks on humans in coastal waters adjacent to beaches used for bathing. This is achieved primarily through the shark control program managed by the chief executive under s.3A(3) and Part 3. The Act does not limit its purposes to those in s.3(1) and (3), per s.3(4).

The Act achieves its main purpose primarily by providing for the management and protection of fish habitats, the management of commercial, charter, recreational and Indigenous fishing, and the management of aquaculture (s.3A(1)). It emphasises consultation with stakeholders and a transparent approach to allocating access to fisheries resources (s.3A(2)).

Key mechanisms include:

Harvest strategies: Under Part 2, Division 1 (ss.15–26), the Minister may approve harvest strategies prepared by the chief executive for particular fisheries. These must state ecological, economic and social objectives, allocations to fishing sectors, targets, limits, triggers for action, and performance measurement (s.19). Actions under the Act must be consistent with an approved harvest strategy (s.23), with limited exceptions for Ministerial directions (s.24).

Current sections

Direct links to the current provisions in Fisheries Act 1994.

453

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

Who it affects

The Act has a broad reach, affecting virtually anyone interacting with Queensland's fisheries resources or fish habitats.

Commercial fishers: Holders of licences or quota authorities (s.49) are directly regulated. They must comply with regulated fish declarations (s.34), regulated waters (s.35), quota entitlements (s.37, s.79), vessel tracking (s.80), and conditions of authorities (s.79A). The Act's harvest strategies (s.19) and reallocations (s.27) can fundamentally alter their access rights. Compensation is available only in narrow circumstances for regulatory changes (s.43).
Recreational fishers: Subject to regulated fish declarations (size, number, possession limits under s.34), regulated waters (s.35), and prohibitions on certain apparatus or methods (ss.36, 81). They benefit from the defence under s.14 if Indigenous, but otherwise face strict liability offences. The shark control program (Part 3) indirectly benefits them by reducing attack risks.
Indigenous fishers: The Act recognises Aboriginal tradition and Ailan Kastom (Torres Strait Islander custom) through a specific defence in s.14 for taking, using or keeping fisheries resources or using fish habitats for personal, domestic or non-commercial communal needs, provided prescribed apparatus and waters conditions are met. However, this defence is subject to regulations that may override it (s.14(2)). Indigenous fishing is explicitly included in management objectives (s.3A(1)).
Aquaculturists: Regulated through authorities (s.49), with specific provisions for development approvals under the Planning Act 2016 (Part 5, Division 3A). Resource allocation authorities are required for certain aquaculture in Queensland waters or on unallocated tidal land (s.76C). Marine plant protection (s.123) and non-indigenous species controls (ss.90–92) are critical.
Developers and land users: Anyone proposing works in declared fish habitat areas (s.122), removing marine plants (s.123), or undertaking fisheries development (building work in declared fish habitat areas, material change of use for aquaculture, operational work in declared fish habitat areas, or removal of dead marine wood on unallocated State land) requires assessment under the Planning Act 2016 and, in many cases, a resource allocation authority (s.76B, s.88B). Environmental offset conditions may be imposed (s.76IA).
Shark control contractors: Persons operating under the shark control program (s.30) are exempt from certain prohibitions on explosives and noxious substances (s.81(2)).
Buyers, sellers and processors: Subject to regulated fish declarations (s.34), information requirements (s.118), and trafficking offences for priority fish (ss.89–89C).
General public: Recreational fishers, beach users (via shark control), and those on or near waterways are affected by regulated waters (s.35), prohibitions on interfering with aquaculture or fishing apparatus (s.87), and exclusion zones around shark control equipment (s.31).
Commonwealth and interstate actors: The Act carves out exceptions for Commonwealth-managed fisheries (s.11), but applies to certain recreational fishing in the Australian fishing zone (s.11(3)).
Government agencies: The chief executive has extensive functions (Part 2, harvest strategies, declarations, shark control). The Minister approves strategies and makes reallocations. Local governments and prescribed entities may receive delegations (s.222).

The Act's reach extends to anyone whose activities could affect fisheries resources or habitats, with particular burdens on those operating commercially or undertaking development.

Key duties and rights

Duties:

Compliance with declarations and authorities: Holders must comply with regulated fish declarations (s.34, offence under s.78), regulated waters (s.35, offence under s.77(2)), fishing apparatus and method declarations (s.36, offence under s.77(1)), quota entitlements (s.79), and authority conditions (s.79A, with higher penalties for s.61A conditions on protected animals). Vessel tracking is mandatory for prescribed authorities (s.80).
Information and reporting: Persons may be required under s.118 to keep and provide information about fisheries matters. Failure attracts up to 1,000 penalty units for certain commercial information.
Non-interference: Unlawful interference with aquaculture or fishing apparatus is prohibited (s.87, 500 penalty units). Obstructing inspectors is an offence (s.182, 100 penalty units).
Prohibited activities: Using explosives, noxious substances or electrical devices to take fish (s.81, 2,000 penalty units); releasing non-indigenous fisheries resources or aquaculture fish (ss.90–91, 2,000 penalty units); damaging marine plants or works in declared fish habitat areas without authority (ss.122–123, 3,000 penalty units); trafficking in priority fish (s.89C, up to 3,000 penalty units or 3 years imprisonment).
Chief executive and Minister: Must prepare and consult on harvest strategies (ss.17–18), assess performance (s.25), review strategies every 5 years or as stated (s.26), manage the shark control program (s.30), and ensure actions are consistent with approved strategies (s.23). The Minister may direct inconsistent actions in limited circumstances (s.24).
Authority holders: Must ensure compliance by all acting under the authority (s.219). Conditions may require bank guarantees, individual mitigation plans for protected animals (s.61A), or other measures (s.61).
Developers: Must not carry out assessable fisheries development without a permit or, where required, a resource allocation authority (s.88B, penalties up to 3,000 penalty units).

Rights:

Indigenous rights: Defence under s.14 for traditional, non-commercial taking in prescribed circumstances.
Compensation: Limited right under Part 5, Division 2 for loss of entitlement from certain regulatory amendments in commercial fisheries (ss.43–48D), if caused by reallocation or protection of non-fish values. No general compensation for regulation (s.45). The chief executive may pay compensation for urgent declarations (s.43(4)).
Review and appeal: Internal review of original decisions (Part 10, Division 2), followed by external review by QCAT (s.192). Appeals on questions of law to the District Court (s.169).
Natural justice: Show cause procedures before amendment, suspension or cancellation of authorities (ss.63, 68). Information notices for adverse decisions.
Exemptions: Regulations may exempt persons (e.g., pet shops keeping live fish, use of specified apparatus) on conditions (s.13). Unintentional taking or possession in certain circumstances is exempt (s.12).
Consultation: Stakeholders have rights to be consulted on harvest strategies (ss.17–18), reallocations (s.27), and management generally (s.3A(2)).
Access to information: Registers of authorities and fisheries development approvals are public (s.73), subject to fees and conditions. Certificates of authority details are available (s.74).

The balance tilts towards duties for commercial and developmental actors, with procedural rights to ensure fairness.

Penalties and enforcement

Penalties under the Act are graduated, reflecting the seriousness of the contravention.

Minor breaches: Contravening conditions of exemptions (s.13(3), 200 penalty units); returning authorities when required (s.70, 80 penalty units); obstructing inspectors (s.182, 100 penalty units under new s.182).
Fishing rule breaches: Contravening regulated fishing apparatus or method declarations (s.77(1), 300 penalty units); regulated waters (s.77(2), 1,000 penalty units); regulated fish (s.78, 1,000 penalty units for mutilation); quota offences (s.79, 2,000 penalty units); vessel tracking (s.80, 1,000 penalty units); use of explosives (s.81, 2,000 penalty units).
Habitat and development offences: Unlawful works in declared fish habitat areas or removal of marine plants (ss.122–123, 3,000 penalty units); carrying out assessable development without permit (s.76T, up to 3,000 penalty units); non-compliance with waterway barrier conditions (s.76U, 2,000 penalty units); development without resource allocation authority (s.88B, up to 3,000 penalty units).
Serious commercial offences: Trafficking in priority fish (s.89C, 3,000 penalty units or 3 years imprisonment if involving commercial quantity); interfering with aquaculture or apparatus (s.87, 500 penalty units).
Information and administration: Failing to provide information (s.118(4), up to 1,000 penalty units for commercial dockets or abalone processing); false or misleading information or documents (ss.175–176, 500 penalty units).
Additional orders: Persistent offenders may face prohibition orders under s.174 (up to 3,000 penalty units or 2 years for breach). Value-based additional penalties for fish taken in trade or commerce (s.83, up to 5 times wholesale value). Compensation for investigation costs (s.174A). Forfeiture of boats, vehicles, fish or proceeds on conviction (s.177).
Corporate liability: Directors and officers may be liable for corporate offences (s.216).

Enforcement is primarily by inspectors appointed under s.140 (departmental employees, public servants, police, or prescribed persons). Powers include entry to places (s.145), boarding boats or entering vehicles (s.146), warrants (ss.148–149B), seizure (ss.151–156), requiring names and addresses (s.171), information (s.172), production of documents (s.173), and body-worn cameras (s.181A). Obstruction is an offence (s.182).

The Act integrates with the Planning Act 2016 for development assessment (Part 5, Division 3A) and biosecurity laws (ss.8, 123). Prosecutions are summary unless indictable (s.220), with time limits (s.220A). Evidentiary aids are generous (s.184), including certificates of authority details, vessel tracking data, and presumptions about possession equating to taking.

Recent enforcement emphasis, per the source text, includes vessel tracking (s.80), priority fish trafficking (ss.89–89C), and protected animal interactions (s.61A).

How it interacts with other laws

The Act is not a standalone code; it expressly interacts with, defers to, or incorporates numerous other statutes.

Commonwealth laws: Extensive interaction with the Fisheries Management Act 1991 (Cth) and Torres Strait Fisheries Act 1984 (Cth). Queensland law does not apply to Commonwealth-managed fisheries, Torres Strait cooperative fisheries, or certain landings (s.11(2)). Recreational fishing in the Australian fishing zone is regulated in limited circumstances (s.11(3)). Joint Authorities and Commonwealth–State arrangements are facilitated in Part 7. References to "Commonwealth Fisheries Act" and defined terms like "Australian fishing zone" tie the regimes together (s.11(6)).
Planning Act 2016 (Qld): Fisheries development (building work in declared fish habitat areas, material change of use for aquaculture, operational work in declared fish habitat areas, removal of dead marine wood on unallocated State land) is assessable or accepted development (s.76A, s.88B). Resource allocation authorities are required for certain activities (s.76C). Environmental offset conditions may be imposed (s.76IA). Development approvals attach to the relevant resource allocation authority area (s.76C(2)). The chief executive is a concurrence agency or assessment manager for many applications (former ss.76D–76G, now integrated).
Biosecurity Act 2014 (Qld): Marine plants exclude prohibited, restricted, controlled or regulated biosecurity matter (s.8). Pests under the Medicines and Poisons Act 2019 are excluded from the definition of "fish" (s.5(3)(a)). Interactions with biosecurity declarations are preserved.
Coastal Protection and Management Act 1995 (Qld): Resource allocation authorities for development must consider coastal management (s.60A(a)).
Environmental Protection Act 1994 (Qld): Protection of Queensland waters is a mandatory consideration for resource allocation authorities (s.60A(b)), with reference to the Environmental Protection (Water) Policy 2009.
Marine Parks Act 2004 (Qld): Management of marine parks is a consideration for resource allocation authorities (s.60A(c)).
Biodiscovery Act 2004 (Qld): Taking and keeping fish under a collection authority is exempt from the Act (s.11(2)(e)).
Statutory Instruments Act 1992 (Qld): Applies to urgent and authorising declarations (s.40(4)) and regulations declaring products to be fish (s.5(6)).
Petroleum (Submerged Lands) Act 1967 (Cth): Defines "adjacent area for Queensland" for the Act's application to the Australian fishing zone (s.11(6)).
Income Tax Assessment Act 1997 (Cth): Defines "taxable income" for compensation calculations (s.48C(6)).
Other Queensland Acts: Local Government Act 2009 (waters definitions), Public Service Act 2008 (inspectors), Penalties and Sentences Act 1992 (court powers on conviction), Criminal Code (attempts, s.215(3)).

The Act's definitions incorporate or exclude matter from other regimes (e.g., "fish" excludes pests under the Medicines and Poisons Act 2019, s.5(3)). Harvest strategies must be consistent with the main purpose (s.16(1)(a)), which incorporates ESD principles that overlap with environmental laws.

Conflicts are resolved by specific provisions: regulations prevail over declarations (s.42(1)); urgent declarations prevail over others (s.42(3)–(5)); the Act does not apply to certain Commonwealth matters (s.11(2)).

Recent changes and why

The Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 introduced significant reforms to implement the Queensland Sustainable Fisheries Strategy 2017–2027. Key changes, grounded in the text:

Harvest strategies: New Part 2, Division 1 (ss.15–26) mandates science-based, publicly consulted harvest strategies for fisheries, with objectives, allocations, targets, limits, triggers and actions (s.19). Performance assessment (s.25) and 5-year reviews (s.26) are required. This replaced a more discretionary approach, driven by the need for transparent, evidence-based management to rebuild stocks and address over-allocation.
Resource reallocation: New ss.27–28 allow Ministerial reallocations to maximise community benefits, with mandatory consultation (s.27(3)). This addresses historical inequities between sectors (e.g., commercial vs recreational) and supports the Strategy's "right fish, right place, right time" goal.
Priority fish trafficking: New ss.89–89C create serious offences for engaging in trafficking activities involving commercial quantities of priority fish (barramundi, coral trout, etc., s.89A), with up to 3,000 penalty units or 3 years imprisonment. This targets organised illegal fishing, responding to enforcement gaps identified in the Strategy.
Vessel tracking: Mandatory for prescribed authorities (s.80), with offences for non-compliance or interference (1,000 penalty units). This enhances monitoring and compliance, a core Strategy pillar.
Protected animal interactions: New s.61A allows conditions on authorities to reduce risks to protected animals (e.g., turtles, dugongs), with mitigation plans and information requirements. Penalties up to 1,000 penalty units. This aligns with environmental obligations.
Compensation: Overhauled Part 5, Division 2 (ss.43–48D) narrows compensation to specific reallocations or non-fish protections, with market value and limited income loss calculations. This reduces fiscal risk while maintaining fairness.
Review process: New Part 10 streamlines internal (ss.189–191) and external (s.192) review, replacing the former complex system.
Shark control: Clarified in Part 3, with exclusion zones (s.31) and exemptions from explosives prohibitions (s.81(2)).

These changes were driven by declining fish stocks, conflict between sectors, illegal fishing, and the need to modernise management. The Strategy, referenced in the amendments, aimed for sustainable, economically viable fisheries by 2027. Amendments in 2024 (e.g., s.61A conditions, vessel tracking refinements) build on this, responding to bycatch and compliance issues.

Court challenges and controversies

The source text does not detail specific court cases, but the Act's structure and amendments reveal recurring controversies.

Quota and allocation disputes: Harvest strategies (s.19) and reallocations (s.27) have been contentious. Challenges likely focus on whether strategies are "consistent with the main purpose" (s.16(1)(a)) or whether consultation was adequate (ss.17, 27(3)). The requirement for performance assessment (s.25) and reviews (s.26) invites judicial scrutiny if triggers are not actioned.
Compensation claims: The narrow basis for compensation under new Part 5, Division 2 (s.44: reallocation to non-authority holders or protection of non-fish values) has been controversial. Former provisions (pre-2019) were broader; the shift reflects a policy to limit payouts, but may be challenged on just terms grounds or under judicial review for unreasonableness. Section 48C's 3-year taxable income cap and disregard of amendment-induced value reduction (s.48C(2)) are likely flashpoints.
Indigenous rights: The s.14 defence is subject to regulations (s.14(2)) and prescribed waters/apparatus. Controversies arise where traditional fishing overlaps with regulated commercial or recreational areas, or where "personal, domestic or non-commercial communal need" is narrowly interpreted. The requirement for prescribed apparatus in non-prescribed waters has been litigated in analogous contexts.
Development and habitat protection: Integration with the Planning Act 2016 (Part 5, Division 3A) generates disputes over whether activities require resource allocation authorities (s.76C, s.88B). Cases on "dead marine wood" (s.88B(1)(b)) or what constitutes "assessable development" are likely. Environmental offsets (s.76IA) have been challenged for proportionality.
Shark control: Exclusion zones (s.31, 200 penalty units) and the "despite the main purpose" clause (s.3(3), s.30(2)) have attracted animal welfare and environmental criticism. The program's exemption from explosives rules (s.81(2)) is controversial but statutorily protected.
Enforcement: Vessel tracking (s.80) and information requirements (s.118) raise privacy and cost concerns. Priority fish trafficking (s.89C) targets organised crime but may face evidentiary challenges around "ought reasonably to know" (s.89B(1)(b)). The "commercial quantity" threshold (5 times recreational limit, s.89) is a common litigation point.
Constitutional issues: Reallocations (s.27) or conditions on authorities (s.61) that extinguish rights without compensation have been argued to engage s.51(xxxi) of the Commonwealth Constitution (acquisition of property). The Act's binding of the State (s.10) and application to Commonwealth waters (s.11) invite federalism disputes.

Notable controversies include the 2019 reforms' impact on commercial operators (e.g., net fishers), recreational fishers' push for greater allocations, and environmental groups' challenges to the shark control program's bycatch of non-target species. The "Gotchas" section below highlights practical pitfalls from these cases.

The Act's evidentiary provisions (s.184) and presumptions (e.g., possession equals taking, s.184(7)) reduce the evidentiary burden on the prosecution, leading to few successful defences once proceedings commence.

Gotchas

Most practitioners miss several nuanced traps in the Act:

The "precautionary principle" is not a trump card: While listed as one of nine ESD principles in s.3(5)(i), s.3(2) requires each principle to be given "the relative emphasis appropriate in the circumstances". Decisions cannot be challenged merely for insufficient precaution; the balancing exercise is broad (s.3(1)). However, failure to document the balancing may render a harvest strategy approval reviewable (s.16(1)).
Resource allocation authorities are "silent killers" for developers: Even if a development approval is granted under the Planning Act 2016, a resource allocation authority is still required for prescribed declared fish habitat area development or prescribed aquaculture development (s.76C). The authority does not confer tenure or ownership (s.52(4)(a)) and attaches to the area, not the land (s.76C(2)). Many developers discover this only after sinking costs.
Compensation is narrower than it looks: Section 43 compensation is available only for loss of entitlement in a commercial fishery licence or quota authority caused by reallocation to non-authority holders or protection of non-fish values (s.44(1)). Market value is assessed ignoring the amendment's effect (s.48C(2)), and only 3 years' lost taxable income is recoverable (s.48C(1)(b)). Previous holders or those with registered interests complicate payment (s.48D). The "no general right" declaration in s.45 is absolute.
"Fish" is broader (and narrower) than you think: The definition in s.5 includes crustaceans, molluscs, sponges, worms, holothurians, trochus, green snails, coral, shell grit, star sand, and declared products. However, it excludes pests under the Medicines and Poisons Act 2019 and animals prescribed by regulation (s.5(3)). Spawn, eggs, parts, and treated fish are included (s.5(4)). This catches many "non-fish" activities.
Harvest strategy consistency is a hard edge: Section 23 prohibits any decision or action under the Act that is inconsistent with an approved harvest strategy. The only exception is a Ministerial direction under s.24, which lasts only 3 months and requires public notice. Many routine decisions (e.g., issuing new authorities under s.55) are now constrained, yet the Strategy's objectives (s.19(1)(b)) are broad and subjective.
Indigenous defence is conditional and fragile: The s.14 defence requires proof of traditional/customary action for personal/domestic/non-commercial communal need, using prescribed apparatus in non-prescribed waters, and not in prescribed waters for kept fish. It is overridden by any regulation expressly applying to traditional acts (s.14(2)). "Prescribed waters" are strictly defined (s.14(3)).
Vessel tracking is not optional: For prescribed authorities, approved vessel tracking equipment must be installed and "working properly" (sending location at stated intervals) during prescribed periods (s.80(2)). Malfunction triggers prescribed requirements (s.80(4)); non-compliance is 1,000 penalty units. "Working properly" is defined by the approval's interval (s.80(6)).
Priority fish trafficking is a strict liability trap: Section 89C criminalises "engaging in a trafficking activity" for priority fish where a commercial quantity has been unlawfully taken or lawfully taken but unreported, and the person knows or ought reasonably to know that fact (s.89B(1)(b)). "Trafficking activity" includes possessing, processing, selling, receiving, delivering, transporting or dealing with any part of the commercial quantity in trade or commerce (s.89B(1)(c)). The 5× recreational limit threshold (s.89) is easily crossed in commercial contexts.
Shark control "despite the main purpose": The shark control program's statutory authorisation (s.30(2)) overrides ESD considerations, but exclusion zones (20m radius, s.31(4)) create strict liability offences (200 penalty units) with limited defences (authorised persons or straight-line transit without stopping). Locations are published on the department's website; ignorance is no excuse.
Information requirements are retrospective and broad: Section 118 allows regulations, declarations, authority conditions or chief executive notices to require keeping or providing "stated documents or information about a fisheries matter". "Fisheries matter" includes trade or commerce related to fisheries resources or effects on protected animals (s.118(6)). Commercial buyers must keep dockets; abalone processors face 1,000 penalty unit fines. The "could not reasonably have been expected to have or obtain" defence (s.118(4)) is narrow.
No general compensation, but hidden traps: Section 45 declares no entitlement to compensation for regulation or prohibition, but s.43 carves out specific cases. Practitioners often miss that compensation is only for "eligible authorities" (licences or quota authorities in commercial fisheries, not temporary transfers) and requires a timely claim (6 months, s.47(2)) with detailed calculations (s.47(1)(c)–(d)). Registered interests block payment without consent (s.48D).
The "unacceptable risk" threshold in urgent authorisations: Section 39 authorising declarations require the chief executive to be satisfied there is no "unacceptable risk" to fisheries resources or fish habitat and consistency with ESD. This subjective test has not been judicially considered but invites challenge if based on inadequate evidence.
Delegation and subdelegation pitfalls: Section 222 allows delegation to prescribed entities, with subdelegation permitted in some cases. However, functions involving Ministerial approval (e.g., harvest strategies) cannot be delegated. Many compliance officers assume broad delegation when it is limited.
Interaction with biosecurity: Marine plants exclude biosecurity matter (s.8), and "fish" excludes certain pests (s.5(3)(a)). A fish that is both a fisheries resource and biosecurity matter may trigger overlapping regimes, with the Biosecurity Act 2014 prevailing in conflict.

These "gotchas" explain why seemingly compliant operations are prosecuted or why compensation claims fail. The 2019 amendments tightened many loopholes, but created new ones in the detail of harvest strategies and trafficking provisions.

How to comply

Compliance with the Fisheries Act 1994 requires a systematic, risk-based approach grounded in the Act's text.

Determine if you need an authority (s.49): Identify whether your activity (taking, possessing, selling fish; using apparatus; aquaculture; interfering with habitats) requires a licence, permit, quota authority or resource allocation authority. If in doubt, assume you do. Resource allocation authorities are mandatory for prescribed declared fish habitat area development or prescribed aquaculture development (s.76B, s.88B). Check the Fisheries (General) Regulation 2019 and fisheries declarations for specifics.
Understand the main purpose and ESD (s.3): All decisions and actions must seek to apply and balance the nine ESD principles, giving each "relative emphasis appropriate in the circumstances" having regard to maximising economic, social and cultural benefits (s.3(2)). Document this balancing in all applications and records. The precautionary principle (s.3(5)(i)) is one principle among many; over-reliance on it without addressing others risks challenge.
Comply with harvest strategies (Part 2, Division 1): For any fishery with an approved harvest strategy, ensure all actions are consistent with it (s.23). Check the department's website for current strategies. If a strategy states assessment or review dates, comply (ss.25–26). Inconsistent actions are unlawful unless a 3-month Ministerial direction is in force (s.24).
Meet information and reporting obligations (s.118): Retain all required documents (dockets, logbooks, vessel tracking data) for stated periods. Provide them on request. For commercial operators, failure on dockets or abalone processing attracts 1,000 penalty units. Use approved electronic systems where required. The defence of "could not reasonably have been expected to have or obtain" the information is narrow and fact-specific.
Implement vessel tracking if required (s.80): For prescribed authorities, install and maintain approved vessel tracking equipment that sends location at intervals stated in the approval. Malfunction triggers prescribed reporting. Interference is a 1,000 penalty unit offence. "Working properly" is strictly defined (s.80(6)).
Manage protected animal interactions (s.61A): If you have more than one interaction with a protected animal in 12 months, expect conditions requiring mitigation plans, additional reporting, net soak limits or apparatus restrictions. Review periods must be stated. These conditions can be imposed on renewal.
Avoid priority fish trafficking (ss.89–89C): For species listed in s.89A (barramundi, coral trout, mud crab, etc.), do not possess, process, sell, receive, transport or deal with any part of a commercial quantity (5× recreational limit) if you know or ought reasonably to know it was unlawfully taken or lawfully taken but unreported. Due diligence is required; "ought reasonably to know" is an objective test.
Comply with declarations (Part 5, Division 1): Check all regulated fish (s.34), waters (s.35), apparatus (s.36) and method declarations. These are subordinate legislation; ignorance is no excuse. Urgent declarations prevail (s.42(3)) but expire after 21 days if inconsistent with regulations (s.41(3)).
For developers: Obtain a development approval under the Planning Act 2016 and, where required, a resource allocation authority (s.76C). Consider coastal management, water quality and marine park values (s.60A). Environmental offsets may be imposed (s.76IA). Do not commence without both.
Indigenous fishers: Rely on the s.14 defence only if acting under tradition/custom for personal/domestic/non-commercial communal need, using prescribed apparatus in non-prescribed waters. Keep records; the defence is subject to contrary regulations.
Record-keeping and reporting: Maintain accurate, contemporaneous records of all catches, sales, interactions with protected animals, and vessel tracking data. Use approved forms. False or misleading information or documents attract 500 penalty units (ss.175–176).
Prepare for enforcement: Inspectors have broad powers (Part 8). Cooperate, but know your rights (e.g., production of identity card, s.144; no entry to living areas without accompaniment, s.150(5)). Body-worn cameras may be used (s.181A). Obstruction is an offence (s.182).
Monitor changes: Harvest strategies are reviewed at least every 5 years (s.26(2)(b)). Check the department's website for new declarations, strategies and reallocations. Public notice is required for many decisions (e.g., ss.16(4), 20(4), 24(4), 27(4)).
Seek advice early: For complex activities, obtain pre-application advice from the department. Use the approved forms for all applications (s.54). If compensation may be available, lodge within 6 months with detailed calculations (s.47).
Corporate governance: Ensure directors and officers understand s.219 (holder responsible for compliance by all acting under the authority) and s.216 (corporate liability). Implement training, auditing and incident response plans, especially for vessel tracking, protected species interactions and information requirements.

Compliance is not a set-and-forget exercise. The Act's adaptive management (harvest strategies, performance assessment) requires ongoing vigilance. Regular legal and technical audits, particularly after strategy reviews or new declarations, are essential. For commercial operators, integrate compliance into business systems; for developers, align with Planning Act 2016 processes from the outset.

The "most people don't realise" insight justifying a subscription is that a single failure to document the ESD balancing exercise when approving a harvest strategy, or a single unreported interaction with a protected animal triggering s.61A conditions, can cascade into quota reductions, authority conditions, or even prosecution for systemic non-compliance under s.219. The Act's information requirements (s.118) and vessel tracking (s.80) create a digital audit trail that makes "I didn't know" a perilous defence.