sec.223Regulation-making power

### sec.223 Regulation-making power The Governor in Council may make regulations under this Act. A regulation may— prescribe matters for the management of any of the following— a fishery; a fish habitat; a declared fish habitat area; a fish way; fisheries resources; aquaculture; or provide for the protection of things that are not fish; or A regulation may regulate taking or possessing fish in an area to protect dugong in the area. prescribe the fees payable under this Act; or state, for the Planning Act , the types of development applications, and change applications, relating to fisheries development that is building work that do not require referral to a referral agency under that Act ; or create offences and prescribe penalties of not more than 100 penalty units for each offence; or prescribe circumstances in which an act or omission that is otherwise an offence under this Act is not an offence. In this section— change application — means a change application under the Planning Act ; but does not include a change application for a minor change to a development approval, as defined in that Act . s 223 amd 2003 No. 82 s 43 ; 2016 No. 27 s 256 ; 2019 No. 6 s 65 (sec.223-ssec.1) The Governor in Council may make regulations under this Act. (sec.223-ssec.2) A regulation may— prescribe matters for the management of any of the following— a fishery; a fish habitat; a declared fish habitat area; a fish way; fisheries resources; aquaculture; or provide for the protection of things that are not fish; or A regulation may regulate taking or possessing fish in an area to protect dugong in the area. prescribe the fees payable under this Act; or state, for the Planning Act , the types of development applications, and change applications, relating to fisheries development that is building work that do not require referral to a referral agency under that Act ; or create offences and prescribe penalties of not more than 100 penalty units for each offence; or prescribe circumstances in which an act or omission that is otherwise an offence under this Act is not an offence. (sec.223-ssec.3) In this section— change application — means a change application under the Planning Act ; but does not include a change application for a minor change to a development approval, as defined in that Act . - (a) prescribe matters for the management of any of the following— (i) a fishery; (ii) a fish habitat; (iii) a declared fish habitat area; (iv) a fish way; (v) fisheries resources; (vi) aquaculture; or - (i) a fishery; - (ii) a fish habitat; - (iii) a declared fish habitat area; - (iv) a fish way; - (v) fisheries resources; - (vi) aquaculture; or - (b) provide for the protection of things that are not fish; or Example for paragraph (b) — A regulation may regulate taking or possessing fish in an area to protect dugong in the area. - (c) prescribe the fees payable under this Act; or - (d) state, for the Planning Act , the types of development applications, and change applications, relating to fisheries development that is building work that do not require referral to a referral agency under that Act ; or - (e) create offences and prescribe penalties of not more than 100 penalty units for each offence; or - (f) prescribe circumstances in which an act or omission that is otherwise an offence under this Act is not an offence. - (i) a fishery; - (ii) a fish habitat; - (iii) a declared fish habitat area; - (iv) a fish way; - (v) fisheries resources; - (vi) aquaculture; or - (a) means a change application under the Planning Act ; but - (b) does not include a change application for a minor change to a development approval, as defined in that Act .