These regulations set rules for taking, possessing and trading specified marine species (especially abalone). They fix minimum shell sizes (including area‑ and time‑staged increases), prescribe licence types, fees and royalty charges (notably for King Island kelp), require records and docket control, and list offences and penalties.
They affect commercial and recreational fishers, licence‑holders, processors, purchasers and marine farmers by determining legal catch, charges payable and administrative compliance tasks, with certain approvals and invoicing performed by the Secretary or Minister.
These regulations set minimum size limits, licence and fee structures, royalty and return obligations, record-keeping and docket rules, prescribed species and classes, prescribed offences and penalties, and administrative notification and appeal pathways for fisheries matter governed by the Living Marine Resources Management Act 1995 (the Act). Mechanically the instrument:
Prescribes minimum legal sizes for abalone and greenlip abalone, varying by fishery area and over time with staged increases (regs 4-8, 7A-7E). It distinguishes “take” (removal from the wild) and “possession” thresholds, and creates role-based exceptions (holders of fishing licences (abalone dive), fish processing licence holders, fish merchants) and cultivation exceptions (reg 6(2), reg 8(1)-(2)).
Declares abalone a class of commercially protected fish (reg 18) and prescribes particular species/classes for seizure, storage and other Act purposes (regs 16-17, 19).
Sets out licence fees across a wide range of fishing, processing, handling and marine farming authorisations via Schedule 1 and miscellaneous fees in Schedule 2 (reg 11; Schedules 1-2). Many fees use “fee units” as the unit of account; the instrument sets amounts but does not specify the monetary value of a fee unit within this text.
Establishes a royalty regime for King Island kelp licences: a specified initial royalty ($30 per dry tonne until 1 September 2018), then an annually CPI-indexed royalty calculated under a formula (regs 12A-12E, 12C) with reporting and invoicing mechanics (reg 12D-12E).
Sets an abalone “beach price” definition and a fee calculation mechanism for the 1994 abalone deed of agreement, referencing a formula and indexation schedule in Schedule 3 and the method for determining the beach price (regs 9-10; Schedule 3).
Current sections
Direct links to the current provisions in Fisheries (General and Fees) Regulations 2016.
banded morwong means fish of the species Cheilodactylus spectabilis;
bivalve means fish of the class Bivalvia;
blacklip abalone means fish of the species Haliotis rubra;
child means a person who has not attained the age of 16 years;
finfish means fish of the class Osteichthyes;
fish dispatch docket means a docket relating to the movement of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;
fish merchant means –
(a) the holder of any licence other than a fishing licence (recreational); or
(b) a person who carries on the business of selling fish;
fish receipt docket means a docket relating to the receipt of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;
[Regulation 3 Amended by S.R. 2022, No. 121, Applied:21 Dec 2022]northern blacklip area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40o 48' 00” South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to the point of latitude 40o 37' 14.40” South, longitude 144o 41' 37.87” East, then running due north to the line of latitude 40o 16' 58.41” South, and running due west to the limit of State waters.
processing operation means treating fish by one or more of the following processes:
(a) cutting up;
(b) breaking up;
(c) shelling;
(d) skinning;
(e) shucking;
(f) filleting;
(g) cooking;
(h) drying;
(i) curing;
(j) smoking;
(k) voiding;
(l) purging;
(m) packing, for the purpose of dispatching the fish from the processing premises;
(n) freezing;
(o) canning;
rock lobster means rock lobster of the genus Jasus or Sagmariasus;
scallop means fish of the species –
(a) Equichlamys bifrons (commonly known as queen scallop); or
(b) Pecten fumatus (commonly known as commercial scallop); or
(c) Mimachlamys asperrimus (commonly known as doughboy scallop);
shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not;
sporophyll means that part of an algal stem containing or producing spores;
Undaria means –
(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and
(b) sporophyll of that alga;
wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates.
(a) is the holder of a fishing licence (abalone dive); or
(b) is the holder of a fish processing licence; or
(c) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
(3) The holder of a fishing licence (abalone dive) must not take or have possession of abalone with a shell length less than 110 millimetres.
Penalty: Grade 3 penalty.
5
Taking or possessing greenlip abalone
5 Taking or possessing greenlip abalone
A person must not take or have possession of greenlip abalone with a shell length less than 132 millimetres.
Penalty: Grade 3 penalty.
6
Possession by fish processing licence holder
6 Possession by fish processing licence holder
(1) The holder of a fish processing licence must not have possession of –
(a) abalone with a shell length less than 110 millimetres; or
(b) greenlip abalone with a shell length less than 132 millimetres; or
(c) abalone taken from State waters with a smaller shell length than that which may legally be taken from those waters by the holder of a fishing licence (abalone dive).
Penalty: Grade 3 penalty.
(2) Subregulation (1)(a) and (b) do not apply to abalone that has been cultivated elsewhere than in the wild.
area A means the area of State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary straight line due south from Whale Head near South East Cape and an imaginary straight line due west from the mouth of the Wild Wave River near Sandy Cape.
Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and the Furneaux Group of islands in Bass Strait bounded in the west by an imaginary line running from the northernmost point of Woolnorth Point to the point of latitude 40° 37’ 14.40” South, longitude 144° 41’ 37.87” East, then running due north to the outer limit of State waters and bounded in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39’ South, then due east along that line of latitude to the outer limit of State waters;
Bass Strait islands area means the area of State waters adjacent to the Furneaux Group of islands in Bass Strait as well as the islands in northern Bass Strait bounded in the west by the line of longitude 145° 22’ 42” East, and bounded in the south by the line of latitude 40° 39’ 00” South;
[Regulation 7A Subregulation (1) amended by S.R. 2022, No. 121, Applied:21 Dec 2022]Musselroe Bay blacklip area means the area of State waters adjacent to the north-east coast of mainland Tasmania bounded in the west by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39’ 00” South, then due east along that line of latitude to the outer limit of State waters, and bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48’ 00” South, and running due east to the outer limit of State waters;
north coast blacklip area means the area of State waters adjacent to the north coast of mainland Tasmania bounded by an imaginary line starting at the point where the line of longitude 145° 22’ 42” East meets the high-water mark near Cowrie Point and running due north along that line of longitude until its junction with the line of latitude 40° 39’ 00” South, then due east along that line of latitude until its junction with the line of longitude 147° 27’ 00” East and then due south along that line of longitude to the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay;
(a) if the abalone is taken on or before 31 December 2022 – less than 127 millimetres; or
(b) if the abalone is taken after 31 December 2022 but on or before 31 December 2023 – less than 130 millimetres; or
(c) if the abalone is taken after 31 December 2023 – less than 132 millimetres.
Penalty: Grade 3 penalty.
(3) [Regulation 7A Subregulation (3) substituted by S.R. 2022, No. 121, Applied:21 Dec 2022] The holder of a fishing licence (abalone dive) must not, in the waters of the King Island blacklip area or on land within one kilometre of waters within that area, or in the waters of the Musselroe Bay blacklip area or on land within one kilometre of waters within that area, have possession of any abalone, taken during a period referred to in subregulation (2) or (2A) , that have a shell length less than the length specified in those subregulations in respect of that period, unless –
(a) the holder is undertaking a fishing trip on a mother boat; and
(b) the abalone was taken legally from another part of the fishery.
Penalty: Grade 3 penalty.
(4) The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 120 millimetres from the Bass Strait area other than the north coast blacklip area and the Bass Strait islands area.
Penalty: Grade 3 penalty.
(5) The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 120 millimetres in the Bass Strait area (other than the north coast blacklip area and the Bass Strait islands area) unless –
(a) the abalone has a shell length not less than 114 millimetres; and
(b) the abalone was taken in the Bass Strait islands area; and
(c) no holder of a fishing licence (abalone dive) has, on that fishing trip, dived or swam in State waters in the Bass Strait area (other than the Bass Strait islands area).
Penalty: Grade 3 penalty.
(6) The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 114 millimetres in the Bass Strait islands area.
Penalty: Grade 3 penalty.
7B
Taking or possessing abalone in upper-west blacklip area
7B Taking or possessing abalone in upper-west blacklip area
upper-west blacklip area means the area of State waters adjacent to the upper-west coast of Tasmania enclosed by an imaginary line running from the northernmost point of Woolnorth Point to the point of latitude 40o 37’ 14.40” South, longitude 144o 41’ 37.87” east, then running due north to the line of latitude 40o 16’ 58.41” South, then running due west to the line of longitude 144o 26’ 18.11” East, then running due south to the line of latitude 41o 21’ 58.85” South, then running due east to the mouth of the Wild Wave River near Sandy Cape, and following the line of high water in a generally northerly direction to the point of commencement at Woolnorth Point.
(2) The holder of a fishing licence (abalone dive) must not take abalone from the waters of the upper-west blacklip area with a shell length that is –
(3) The holder of a fishing licence (abalone dive) must not have possession of any abalone in the upper-west blacklip area with a shell length that is –
east coast area means the area of State waters adjacent to the east, south-east and south coasts of Tasmania bounded in the north by an imaginary line starting from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48' 00" South and running due east to the outer limit of State waters, and bounded in the south by an imaginary straight line running due south from Whale Head near South East Cape to the outer limit of State waters.
(a) if the abalone is taken on or before 31 December 2022 – less than 138 millimetres; or
(b) if the abalone is taken after 31 December 2022 but on or before 31 December 2023 – less than 140 millimetres; or
(c) if the abalone is taken after 31 December 2023 but on or before 31 December 2024 – less than 142 millimetres; or
(d) if the abalone is taken after 31 December 2024 – less than 145 millimetres.
Penalty: Grade 3 penalty.
(3) [Regulation 7C Subregulation (3) substituted by S.R. 2022, No. 121, Applied:21 Dec 2022] The holder of a fishing licence (abalone dive) must not, in the waters of the east coast area or on land within one kilometre of those waters, have possession of any abalone, taken during a period referred to in subregulation (2) , that have a shell length less than the length specified in that subregulation in respect of that period, unless –
(a) the abalone does not have a shell length less than 110 millimetres; and
(b) the holder is undertaking a fishing trip on a mother boat; and
(c) the mother boat is –
(i) in State waters bounded in the north by the eastern boundary of the northern blacklip area and in the south by an imaginary straight line running due east from the tip of St Helens Point to the limit of State waters; or
(ii) within the waters of Georges Bay; and
(d) the abalone was taken legally from another part of the fishery.
Penalty: Grade 3 penalty.
7D
Taking or possessing abalone in King Island greenlip area and north coast greenlip area
7D Taking or possessing abalone in King Island greenlip area and north coast greenlip area
King Island greenlip area means the area of State waters adjacent to King Island bounded by the line of latitude 40o 20' 00" South in the south, the line of longitude 143o 30' 00" East in the west, the line of latitude 39o 30' 00" South in the north and the line of longitude 144o 30' 00" East in the east;
north coast greenlip area means –
(a) the area of State waters adjacent to the north coast of Tasmania bounded by an imaginary line running due north from the north coast along the line of longitude 147o 27’ 00” East until its junction with the line of latitude 40o 39’ 00” South, then west along that line of latitude until its junction with the line of longitude 145o 2’ 52.2” East and then south along that line of longitude; and
(b) the area of State waters adjacent to the north coast of Tasmania known as Robbins Passage bounded on the east by an imaginary line running due north along the line of longitude 145o 2’ 52.2” East and bounded on the west by an imaginary line running due north along the line of longitude 144o 55’ 00” East;
(2) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 150 millimetres from, or have possession of greenlip abalone with a shell length less than 150 millimetres in, the King Island greenlip area, or on land within one kilometre of any waters within the King Island greenlip area.
Penalty: Grade 3 penalty.
(3) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 145 millimetres from, or have possession of greenlip abalone that has a shell length of less than 145 millimetres in, waters other than those in the north coast greenlip area.
Penalty: Grade 3 penalty.
(4) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 132 millimetres from, or have possession of greenlip abalone with a shell length less than 132 millimetres in, the north coast greenlip area.
Penalty: Grade 3 penalty.
(5) A person who is not the holder of a fishing licence (abalone dive) must not take from, or have possession of, greenlip abalone with a shell length less than 145 millimetres in State waters, other than waters in the north coast greenlip area.
southern area means the area of State waters adjacent to the east, south-east, south, south-west and west coasts of Tasmania bounded in the north on the east coast by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48' 00" South, and then running due east to the outer limit of State waters, and bounded in the north on the west coast by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters.
(2) A person who is not the holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 138 millimetres from the southern area.
Penalty: Grade 3 penalty.
(3) A person who is not the holder of a fishing licence (abalone dive) must not possess any abalone with a shell length less than 138 millimetres in the southern area, or on land within one kilometre of any waters within the southern area, unless that person –
(a) is the holder of a fish processing licence; or
(b) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
8
Taking or possessing certain abalone
8 Taking or possessing certain abalone
(1) A person must not take or have possession of any abalone with a shell length less than 110 millimetres that has been cultivated elsewhere than in the wild unless the person –
(a) is the holder of a marine farming licence authorising abalone farming; or
(b) is acting with the authority of the holder of such a licence; or
(c) is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence authorising abalone farming; or
(d) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
(2) A person must not take or have possession of any greenlip abalone with a shell length less than 132 millimetres that has been cultivated elsewhere than in the wild unless the person –
(a) is the holder of a marine farming licence authorising abalone farming; or
(b) is acting with the authority of the holder of such a licence; or
(c) is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence authorising abalone farming; or
(d) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
Part 3
Fees
Part 3 Fees
9
Beach price for abalone deed of agreement
9 Beach price for abalone deed of agreement
(1) In this regulation –
abalone purchaser means a person who has purchased more than 80 tonnes of abalone in the preceding 12 months.
(2) For the purpose of fees payable under an abalone deed of agreement, the beach price is the average price per kilogram of abalone paid by abalone purchasers to the holders of fishing licences (abalone quota), holders of fishing licences (abalone) or holders of fishing licences (abalone dive).
(3) The price per kilogram of abalone paid must be the true value taking into account –
(a) each payment and other forms of payments; and
(b) any rights, privileges or benefits paid directly or indirectly for the abalone.
10
Fee under 1994 abalone deed of agreement
10 Fee under 1994 abalone deed of agreement
(1) In this regulation –
1994 abalone deed of agreement means the deed of agreement made on 30 June 1994 pursuant to section 7 of the former Fisheries Act 1959 in respect of the right to take and acquire abalone for commercial purposes in State fishing waters, as –
(b) renewed under clause 4 thereof for a term of 10 years commencing on 1 January 2004 (the renewed term);
fee means the fee referred to in clause 5.2 of the 1994 abalone deed of agreement;
next 2 terms, of the 1994 abalone deed of agreement, means the 2 terms immediately following the renewed term.
(2) Pursuant to clause 4.5 of the 1994 abalone deed of agreement, the fee to be paid during the next 2 terms of that deed of agreement is a fee determined in accordance with Schedule 3 .
11
Fees
11 Fees
(1) The fees specified in Part 1 of Schedule 1 are prescribed as the fees payable in respect of the fishing licence matters to which they respectively relate.
(2) The fees specified in Part 2 of Schedule 1 are prescribed as the fees payable in respect of the fish processing licence matters to which they respectively relate.
(3) The fees specified in Part 3 of Schedule 1 are prescribed as the fees payable in respect of the handling licence matters to which they respectively relate.
(4) The fees specified in Part 4 of Schedule 1 are prescribed as the fees payable in respect of the marine farming licence matters to which they respectively relate.
(5) The fees specified in Schedule 2 are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.
(6) The fees specified in Schedules 1 and 2, other than item 6 of Schedule 2, are GST exempt.
(7) The fees specified in item 6 of Schedule 2 are GST inclusive.
12
Fees for fishing licence (abalone quota)
12 Fees for fishing licence (abalone quota)
In addition to the payment of the fee specified in Part 1 of Schedule 1 for the renewal of a fishing licence (abalone quota), the following fees are payable for that licence:
(a) a quarterly fee to take and acquire abalone, calculated and payable in respect of each billing period, as if the licence were a deed of agreement made under section 7 of the former Fisheries Act 1959;
(b) a fee (if any) determined under section 99(3) of the Act in respect of the renewal as if the licence were an abalone deed of agreement.
(1) Until 1 September 2018, the royalty payable by the holder of a fishing licence (King Island kelp) is $30 for each dry tonne of kelp taken under the authority of that licence.
(2) For the licensing year commencing on 1 September 2018, and for each subsequent licensing year, the royalty payable by the holder of a fishing licence (King Island kelp) is, for each dry tonne of kelp taken under the authority of that licence, an amount calculated in accordance with the following formula:
where –
A is the amount of royalty, rounded down to the nearest dollar;
B is $30;
C is the value of the CPI figure for Hobart for the June quarter immediately preceding the licensing year in which the value of the royalty is to apply;
D is the value of the CPI figure for Hobart for the June quarter 2017.
(3) For the purposes of subregulation (2) –
CPI figure for Hobart means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth.
(1) The holder of a fishing licence (King Island kelp) must, within 2 weeks after the end of each royalty period, submit to the Secretary a return for that royalty period.
(b) within 30 days after an invoice for the royalty is issued in writing by the Secretary.
Part 4
Miscellaneous
Part 4 Miscellaneous
13
Notifiable decisions
13 Notifiable decisions
The decisions specified in Part 1 of Schedule 4 are prescribed as decisions in respect of which a notice is to be served under section 280 of the Act.
14
Appealable determinations
14 Appealable determinations
The determinations specified in Part 2 of Schedule 4 are prescribed as determinations after a review in respect of which a person may appeal to the Appeal Tribunal under section 283 of the Act.
15
Prohibition on taking certain fish
15 Prohibition on taking certain fish
(1) A person must not take or be in possession of a keyhole limpet or limpet of any of the superfamilies Fissurellacea, Patellacea or Siphonariacea.
Penalty: Grade 2 penalty.
(2) Subregulation (1) does not apply to an Aborigine who is engaged in an Aboriginal activity.
(3) A person, in State waters, must not take, or be in possession of, any of the following:
(a) any species of pipehorse, pipefish, seahorse or seadragon of the family Syngnathidae;
(b) a handfish of the family Brachionichthyidae;
(c) a threefin blenny of the genus Forsterygion.
Penalty: Grade 2 penalty.
(4) A person must not take, or be in possession of, any of the following:
(a) great white shark (Carcharodon carcharias);
(b) basking shark (Cetorhinus maximus);
(c) grey nurse shark (Carcharias taurus);
(d) megamouth shark (Megachasma pelagios);
(e) whale shark (Rhincodon typus).
Penalty: Grade 2 penalty.
16
Prescribed classes for storage of fish
16 Prescribed classes for storage of fish
For the purpose of section 69 of the Act, abalone, banded morwong, giant crab, rock lobster and scallop are prescribed classes of fish.
17
Prescribed species for seizure of fish
17 Prescribed species for seizure of fish
For the purpose of section 200(c)(ii) of the Act, abalone, banded morwong, giant crab, rock lobster and scallop are prescribed species of fish.
Prescribed fish for definition of Aboriginal activity
21 Prescribed fish for definition of Aboriginal activity
For the purpose of paragraph (b) of the definition of Aboriginal activity in section 3 of the Act, the fish specified in Schedule 5 are prescribed fish.
22
Industry levy
22 Industry levy
A levy payable by a person under section 279 of the Act is due and payable –
(a) when the person applies for the grant or renewal of a licence under which an activity to which the levy relates is undertaken; or
(b) within 30 days after the Minister issues written notification that the levy is due and payable.
A person or an agent of a person must not have possession of any of the following unused dockets unless the docket was issued to the person and the person is the current holder of a fish processing licence or a handling licence:
(a) fish dispatch docket;
(b) fish receipt docket.
Penalty: Grade 3 penalty.
26
Return of unused docket book
26 Return of unused docket book
A person who was the holder of a fish processing licence or a handling licence, within 14 days after the expiration or cancellation of the licence, must return to the Secretary the following unused dockets issued to that person:
(a) fish dispatch docket;
(b) fish receipt docket.
Penalty: Grade 2 penalty.
27
Prescribed purposes for changes to management plans
27 Prescribed purposes for changes to management plans
(a) an offence against a provision of the Act specified in column 2 of the table in Part 1 of Schedule 6 is a prescribed offence; and
(b) an offence against a provision of these regulations specified in column 2 of the table in Part 2 of Schedule 6 is a prescribed offence.
(2) A penalty specified in column 3 of a table in Part 1 or Part 2 of Schedule 6 in respect of a prescribed offence is the penalty applicable to the prescribed offence.
| 1. | Application under section 87 of Act for approval for person to act as supervisor | 50 fee units |
| 2. | Application for grant of licence where original licence has expired. This fee does not apply to fish processing licences, handling licences and the following types of fishing licences: personal, recreational, marine plant, mussel spat collection and Pacific oyster | licence renewal fee plus 100 fee units |
| 3. | Examination of register kept under section 249 of Act | 10 fee units |
| 4. | Obtaining copy or extract from register kept under section 298 of Act | 10 fee units |
| 5. | Obtaining list of entries from register kept under section 298 of Act – | |
| | (a) first 200 names | 20 fee units |
| | (b) each additional 200 names, or part thereof | 10 fee units |
| 6. | Purchase of tags for tagging rock lobster – | |
| | (a) horn tag – per tag | 0.28 fee units |
| | (b) tail tag – per tag | 0.55 fee units |
| | (c) meat only – per tag | 0.35 fee units |
SCHEDULE 3 - Fee under 1994 Ab
SCHEDULE 3 - Fee under 1994 Abalone Deed of Agreement
SCHEDULE 3 - Fee under 1994 Ab SCHEDULE 3 - Fee under 1994 Abalone Deed of Agreement
billing period means billing period under clause 5 of the 1994 abalone deed of agreement;
BP or beach price means the beach price calculated under regulation 9 ;
Fee% means the fee percentage calculated under clause 3 ;
financial year means the 12-month period commencing on 1 July in any year;
relevant billing period, for a fee, means the billing period for which the fee is to be calculated.
2. Calculation of fee
The fee is to be determined in accordance with the following formula:
3. Fee percentage
(1) The fee percentage is to be calculated in accordance with the following table:
| Fee percentage per kg | | Indexed beach price |
| 0.00% | @ | $7.00 and below |
| 4.00% | @ | $7.01 to $29.99 |
| 4.00% | @ | $30.00 |
| 12.00% | @ | $70.00 and all beach prices thereafter |
(2) For the purposes of the table in subclause (1) , the BP is to be indexed in accordance with the following formula:
where –
i1 is indexation, calculated under subclauses (3) and (4) , of the value of a fee unit.
(3) The formula for the purposes of the definition of i1 in subclause (2) is:
where –
i1 is, subject to subclause (4) , the value of indexation for the financial year in which the relevant billing period occurs;
i0 is the value of indexation immediately preceding i1;
B is the value of a fee unit for the financial year in which the relevant billing period occurs;
C is the value of a fee unit for the financial year immediately preceding B.
(4) For the financial year commencing on 1 July 2013, i1 is 1.00.
(5) For beach prices falling between the amounts $30.00 and $70.00 in the table in subclause (1) , the fee percentage is the percentage, expressed to three decimal places, which appears on a straight line interpolation between the percentages listed for those amounts in the column headed "Fee percentage per kg".
SCHEDULE 4 - Decisions and det
SCHEDULE 4 - Decisions and determinations
SCHEDULE 4 - Decisions and det SCHEDULE 4 - Decisions and determinations
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Fisheries (General and Fees) Regulations 2016 .
2 Commencement
2 Commencement
These regulations take effect on 24 May 2016.
3 Interpretation
3 Interpretation
In these regulations –
abalone means fish of the genus Haliotis;
abalone deed of agreement means a deed of agreement –
(a) entered into under section 99 of the Act; or
(b) continued in force under section 14 of theMarine Resources (Savings and Transitional) Act 1995 ;
Act means the Living Marine Resources Management Act 1995 ;
banded morwong means fish of the species Cheilodactylus spectabilis;
bivalve means fish of the class Bivalvia;
blacklip abalone means fish of the species Haliotis rubra;
child means a person who has not attained the age of 16 years;
finfish means fish of the class Osteichthyes;
fish dispatch docket means a docket relating to the movement of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;
fish merchant means –
Requires returns, notifications, and record keeping by licence-holders and related persons (regs 12D, 24), prescribes the persons required to keep records (reg 24), and restricts unauthorised possession of unused docket books and immediate return of such dockets on licence expiry or cancellation (regs 25-26).
Prescribes noxious species in State waters (reg 23) and prohibits taking or possessing various protected species and groups (reg 15).
Declares the administrative decisions that must be notified and the determinations that are appealable to the Appeal Tribunal following an internal review (regs 13-14; Schedule 4 Parts 1-2), tying into the Act (ss 280, 283).
Specifies prescribed offences and penalties under the Act and under these regulations, through a table of assigned penalty units (reg 28; Schedule 6).
The instrument repeatedly cross-references the Act for definitions, enforcement mechanisms and appeal rights (for example s 99, s 87-89, ss 145, 232, 234, 279-283). It contains numerous amendments and staged changes recorded in the margins (S.R. numbers and applied dates), which alter minimum sizes, additional licence types (King Island kelp; Undaria), and other operational rules.
The regulations thus change behaviour by: establishing measurable compliance thresholds (lengths, fee payments, returns), creating role-differentiated entitlements and exceptions (processors, merchants, licence subclasses), imposing periodic reporting and royalty payment mechanics, and by making non-compliance a specified offence with quantified penalties in Schedule 6. The Secretary is given a role in approving return forms and issuing invoices (reg 12D(2)-(3)), and the Minister and Secretary are listed as decision-makers for prescribed notifiable and appealable actions (Schedule 4).
Main concepts
The instrument organises a number of interlocking regulatory concepts that govern on-water activity, seafood processing, and commercial marine plant harvesting. Key concepts present in the text are:
Minimum legal sizes and spatial differentiation: The regulations specify a base minimum shell length (e.g. 120 mm for abalone (reg 4(1)-(2))) and then layer area- and species-specific minima that phase up over time (regs 7, 7A, 7B, 7C, 7D, 7E). The instrument uses clearly defined geographic descriptors (area A, Bass Strait area, King Island blacklip area, upper-west blacklip area, east coast area, King Island greenlip area, southern area) to localise limits. These provisions separate “take” from “possession”; different legal thresholds apply to removal from the wild and to holding abalone on a vessel or land (see reg 4(1)-(3), reg 7(2)-(3) etc).
Role-based exceptions and authorisations: The legal rules treat holders of different licences differently. For example, persons who are holders of a fishing licence (abalone dive) may be authorised to take smaller-sized abalone than the general public in some contexts (reg 4(1)-(3); reg 7 series). Fish processing licence holders and fish merchants have specific possession exemptions (reg 4(2), reg 6(2)). Cultivated (marine-farmed) abalone are treated separately (reg 6(2), reg 8).
Commercial protection and prescribed species/classes: Abalone is designated a class of commercially protected fish (reg 18). Several species and classes (abalone, banded morwong, giant crab, rock lobster, scallop) are prescribed for storage and seizure purposes under specified sections of the Act (regs 16-17).
Fee and royalty architecture: The instrument prescribes specific fees for grant, renewal, transfer and variation of a variety of licences and endorsements via Schedule 1 and Schedule 2 (reg 11; Schedules 1-2). It also prescribes a royalty for King Island kelp (regs 12B-12E) and a beach-price-linked fee under the 1994 abalone deed of agreement, calculated through Schedule 3. The fees are sometimes expressed in fee units; the GST treatment is specified (reg 11(6)-(7)).
Reporting, invoicing and administrative power: Holders of specified licences must submit returns (King Island kelp royalty returns, reg 12D), and the Secretary calculates royalties and issues invoices (reg 12D(3)). Schedule 4 prescribes which administrative decisions trigger notice obligations (reg 13) and which determinations are appealable to the Appeal Tribunal after review (reg 14; Schedule 4).
Record-keeping, docket control and chain of custody: The regulations prescribe who is a “prescribed person” for record-keeping under s 145 of the Act (reg 24), restrict unauthorised possession of unused fish dispatch and receipt dockets (reg 25), and require the return of unused dockets on licence expiry or cancellation within 14 days (reg 26). These rules support traceability.
Offences and penalties: The instrument defines offences by reference to specific sections of the Act and to specific regulation provisions and assigns penalties by penalty unit amounts in Schedule 6 (reg 28; Schedule 6), while also defining “Grade” penalties by reference to the Penalty Regulations (reg 3 definitions).
Prescribed noxious organisms: The regulations list specific non-native or invasive species as noxious (reg 23), which links to powers in the Act regarding their management.
Each of these concepts is implemented by prescriptive rules with specified compliance actions, deadlines and roles. The regulatory architecture separates conduct standards (size limits; species prohibitions), resource access costs (fees, royalties, levies), and administrative compliance (returns, dockets, record-keeping, notices and appeals). Cross-references to the Act identify enforcement powers and appeal channels; the Secretary and Minister are named decision-makers in Schedule 4 for particular administrative steps.
Who it affects
The text identifies and differentiates a wide set of affected parties by activity, licence type and function. Parties directly affected include:
Holders of fishing licences: All categories of fishing licences listed in Schedule 1 are affected , e.g. fishing licence (abalone quota), fishing licence (abalone dive), fishing licence (abalone), commercial dive, rock lobster, scallop, marine plant, King Island kelp, Undaria and others (reg 11; Schedule 1 Parts 1 and 4). Fees for grant, renewal, variation and transfer are prescribed for each category.
Fish processing licence holders and handling licence holders: Processing and handling endorsements and their fee obligations are set out in Schedule 1 Parts 2-3 (reg 11; Schedule 1). Processing licence holders have possession thresholds for undersize abalone (reg 6(1)) and specific endorsement fees (Schedule 1 Part 2).
Fish merchants: Defined in reg 3, fish merchants (persons who sell fish or who hold licences other than recreational licences) are permitted to have possession of abalone below certain sizes under prescribed circumstances (reg 4(2)(c)).
Holders of King Island kelp licences: Subject to a royalty, returns and invoicing regime (regs 12A-12E). The holder must submit royalty returns within two weeks of each royalty period (reg 12D(1)) and pay invoices within 30 days (reg 12E).
Holders and parties to the 1994 abalone deed of agreement and abalone purchasers: The instrument defines beach price and prescribes the fee calculation methodology for the deed (regs 9-10; Schedule 3). Abalone purchasers (defined as persons who have purchased more than 80 tonnes in the preceding 12 months) are referenced when calculating beach price (reg 9(1)-(3)).
Mother boat operators and supervisors: The “mother boat” concept appears in possession exceptions (reg 3 definition; regs 7(3)(a)-(b); 7A(3)(a)-(b); 7B(3)(c)-(d); 7C(3)(b)-(c)), and supervisors are subject to approval fees under s 87 approvals (Schedule 2 item 1; Schedule 1 Part 1 item 3(c)).
Persons authorised under marine farming licences: Cultivated abalone are carved out of some possession prohibitions (reg 6(2), reg 8(1)-(2)), and marine farming licence holders appear in fee schedules for marine farming (Schedule 1 Part 4).
Persons transporting fish on behalf of licence holders: Included among “prescribed persons” for record-keeping (reg 24(c) as amended).
Aboriginal people engaged in Aboriginal activity: Given an explicit exemption from the prohibition on taking keyhole limpets/limpets (reg 15(2)).
The Minister, the Secretary and the Appeal Tribunal: The instrument prescribes the Minister and Secretary as decision-makers for decisions that attract notice and/or appeal rights (Schedule 4).
The general public and fishers: Subject to the minimum size rules and species prohibitions (regs 4-8; reg 15).
Indirectly affected parties include processors and exporters who rely on supply of abalone and kelp (given size, possession and royalty rules), and larger abalone purchasers (defined for beach-price calculation), who may be implicated when calculating the “true value” of payments (reg 9(3)).
The day-to-day compliance footprint lies principally with holders of licences and endorsements, their supervisors, mother boat operators, processors and fish merchants, who must comply with measurement, reporting, invoicing and docket rules. Enforcement actions (seizure, notices, prescribed offences) are tied into the Act; the regulations specify which administrative decisions must be notified and which determinations can be appealed (regs 13-14; Schedule 4), affecting how affected persons can challenge administrative steps.
Key duties and rights
Duties
Observe minimum size limits when taking and possessing abalone and greenlip abalone. The regulations impose different thresholds depending on the area, the date the abalone was taken, and the holder’s role. Examples: reg 4(1) prohibits taking abalone under 120 mm unless holder of a fishing licence (abalone dive); reg 5 sets minimum for greenlip at 132 mm; the reg 7 series and regs 7A-7E specify area- and date-staged minima (e.g. reg 7(2) increases minima in area A to 145 mm until 30 June 2024, then 150 mm thereafter).
Comply with possession exceptions and constraints: possession thresholds can differ from taking thresholds and are often narrower or subject to additional operational conditions (reg 4(2)-(3); reg 7(3); reg 7A(3)). Holders undertaking trips on mother boats may have modified possession thresholds, subject to location or that the abalone was taken legally from another part of the fishery (see regs 7(3)(a)-(c), 7A(3)).
Processors must ensure they do not have possession of abalone below certain sizes (reg 6(1)). Reg 6(2) excludes cultivated abalone from those subclauses.
Submit royalty returns and pay royalties for King Island kelp: holders must submit returns within two weeks after each royalty period and pay within 30 days of invoice (regs 12D(1), 12E).
Maintain records: persons prescribed in reg 24 (including persons who have been holders of an authorisation in the preceding five years, persons approved under ss 87-88, and persons transporting fish on behalf of processing/handling licence holders) are subject to record-keeping obligations under s 145 of the Act (reg 24).
Manage docket books: do not possess unused fish dispatch or receipt dockets unless the docket was issued to the person and the person is the current holder of a processing or handling licence (reg 25). Return unused dockets within 14 days of expiry or cancellation of licence (reg 26).
Pay prescribed fees and levies: fees are specified in Schedule 1 and Schedule 2 (reg 11). Industry levies under s 279 of the Act are due at application or within 30 days of written notification (reg 22).
Observe species prohibitions and noxious listings: do not take or possess keyhole limpets or listed limpets, pipehorse/pipefish/seahorse/seadragon family Syngnathidae, handfish, threefin blenny, and listed large sharks (reg 15); avoid interactions with noxious species listed in reg 23.
Rights
Notice and appeal rights: Decisions specified in Schedule 4 Part 1 are “notifiable decisions” for s 280 of the Act, creating a duty to serve notice. Determinations listed in Schedule 4 Part 2 are appealable determinations after review to the Appeal Tribunal under s 283 of the Act (regs 13-14; Schedule 4).
Procedural rights around invoices and returns: the Secretary must calculate royalties under reg 12C and issue an invoice (reg 12D(3)); the licence-holder receives an invoice and has 30 days to pay (reg 12E).
Cultivation exceptions: persons authorised under marine farming licences and persons acting with their authority may take or possess cultivated abalone under different rules (reg 8(1)-(2), reg 6(2)).
Prescribed persons have rights and duties under s 145 of the Act to keep records, which also establishes a compliance framework (reg 24).
Appealable determinations (Schedule 4) provide a formal administrative review and appeal route for core licensing and enforcement decisions.
Obligations affecting private enterprise and contract freedom arise from the fee and royalty architecture: licence renewal, transfer, variation and endorsement fees constrain cost of ownership and transfer of access rights (Schedule 1). The beach-price mechanism (reg 9; Schedule 3) ties deed fees to industry transactions and the definitions of “true value” (reg 9(3)), which can affect how purchasers and licence-holders structure payments and record ancillary benefits.
Key administrative duties are procedural and date-driven (royalty return deadlines, docket return within 14 days, specified timeframes for invoices and levy notifications) and therefore create operational compliance tasks for businesses. The Secretary and Minister are given roles in calculating royalty and issuing invoices, making determinations and prescribing forms (reg 12D(2)-(3); Schedule 4), which creates points of administrative discretion (see “Gotchas” and “How to comply”).
Penalties and enforcement
The regulations use two enforcement mechanisms: prescriptive “Grade” penalties (linked to the Penalty Regulations) and an explicit mapping of prescribed offences to penalty units in Schedule 6. Enforcement intersects with the Act’s powers for seizure, notices, and other enforcement steps.
Penalty structure and mapping
The regulations define “Grade 1 penalty”, “Grade 2 penalty” and “Grade 3 penalty” by reference to the Penalty Regulations (reg 3 definitions). For provisions that specify a Grade penalty, the applicable monetary penalty is therefore determined by the Penalty Regulations (reg 3).
Schedule 6 (inserted by S.R. 2018 No. 51) provides a table of prescribed offences and assigns penalty unit amounts to a range of offences under both the Act and these regulations (reg 28; Schedule 6). For example: Schedule 6 Part 2 assigns 5 penalty units to regulation 7(2) (possession/taking in area A during prescribed periods) and 5 penalty units to many of the area-specific abalone rules (e.g. regs 7A(2), 7A(3), 7B(2), 7C(2), 7D(2), 7E(2)). Elsewhere, reg 4(3) is assigned 5 penalty units (Schedule 6 item 18), while reg 4(1)-(2) are assigned 2 penalty units (items 16-17).
The table in Schedule 6 Part 1 assigns penalty units to selected sections of the Act (for example, s 60(1) at 4 penalty units, s 64(1) at 4 penalty units, s 270(2) at 4 penalty units). These entries mean that, where those Act sections are relied on as prescribed offences under s 234(1) of the Act, the penalty unit amounts in Schedule 6 apply (reg 28(1)(a)).
Specified offences in the regulations
Minimum-size and possession offences carry penalties: many size rules in regs 4-8, 7A-7E specify Grade 3 penalties in the text; Schedule 6 then assigns penalty units for specific regulation subsections (e.g. reg 4(3) , 5 penalty units, reg 7(2) and reg 7(3) , 5 penalty units).
Prohibitions on taking particular species carry Grade 2 penalties in the text (reg 15(1), (3), (4)); Schedule 6 maps some of these to penalty units (items 43-45 and items 41-42).
Administrative breaches carry lower penalties: eg reg 12D(1) (failure to submit royalty return within 2 weeks) is a Grade 2 penalty (reg 12D(1)); Schedule 6 should be cross-checked for the penalty unit amount applicable to that specific subregulation where listed.
Enforcement actors and procedures
The Secretary has an active administrative role: the holder of a fishing licence (King Island kelp) must submit returns in a form approved by the Secretary (reg 12D(2)); the Secretary calculates the royalty and issues an invoice (reg 12D(3)). The Minister and Secretary are designated decision-makers for specified notifiable decisions and appealable determinations (Schedule 4 Part 1 lists the decision-maker for each decision).
The Act supplies enforcement powers cross-referenced by the regulations: the regulations prescribe species and classes for purposes of sections of the Act that cover seizure (s 200), storage (s 69), processing offences (s 67), prescribed offences (s 234) and administrative processes like notice and appeal (ss 280-283). The regulations do not duplicate those enforcement powers but specify which species, classes, decisions and penalties apply for the Act’s enforcement machinery (regs 13, 14, 16-19, 20).
Docket and record-keeping rules act as traceability enforcement points: unauthorised possession of unused docket books is a Grade 3 penalty (reg 25) and failure to return unused dockets is a Grade 2 penalty (reg 26). Schedule 6 maps these to penalty units (items 46-47).
Practical enforcement risks and timelines
Several offences are time-sensitive and area-specific with staged transitions (regs 7 series, 7A-7E). Enforcement requires up-to-date knowledge of area boundaries, effective measurement of shell length and documentation showing where and when abalone were taken and by whom. The instrument prescribes forms and invoicing for royalties (reg 12D(2)-(3)) and short deadlines (returns within two weeks; payments within 30 days), which concentrate compliance risk on licence-holders who must reliably report and pay.
The Secretary’s power to approve forms and to issue invoices centralises procedural enforcement authority and places administrative discretion at that office (reg 12D(2)-(3)).
To determine the exact monetary exposure for offences, consultees must cross-check the Penalty Regulations (for Grade 1-3 equivalence) and the current monetary value of a penalty unit under relevant Tasmanian statutes, as those figures are not defined within this instrument.
How it interacts with other laws
This instrument is tightly integrated into a network of primary legislation, other regulations and Commonwealth statutes by explicit cross-reference. The principal legislative interactions in the text are:
Living Marine Resources Management Act 1995 (the Act): The regulations are subordinate to and implement numerous provisions of the Act. They often prescribe particulars required by, or consequential to, statutory provisions. Examples:
The abalone deed of agreement regime and fees are linked to s 99 of the Act and the former Fisheries Act 1959 (reg 3 definition of “abalone deed of agreement”; reg 10). The regulations prescribe how fees under an abalone deed of agreement are to be calculated (Schedule 3).
Notifiable decisions and appealable determinations are prescribed to trigger s 280 and s 283 appeal processes under the Act (regs 13-14; Schedule 4).
Record-keeping is prescribed for the purposes of s 145 of the Act (reg 24).
The regulations prescribe species for seizure and storage in conjunction with ss 69 and 200(c)(ii) of the Act (regs 16-17).
Section references appear across the instrument (eg s 48A, s 63, s 78-89, s 130, s 133-134, s 232, s 234, s 275, s 279, s 280, s 283), indicating where the regulations specify particulars required by the Act.
Fisheries (Penalty) Regulations 2011 (Penalty Regulations): The regulations refer to Grade 1-3 penalties by citing the Penalty Regulations (reg 3 definitions). Users must consult that instrument to convert a Grade penalty into monetary penalty amounts.
Fisheries subordinate rules: The definitions borrow terms from other fisheries regulations, for example, “fish trap” is defined with reference to the Fisheries (Scalefish) Rules 2015; “giant crab trap” references the Fisheries (Giant Crab) Rules 2013; different fishing licence kinds refer to Fisheries (Abalone) Rules 2009 and Fisheries (Marine Plant) Rules 2017 (reg 3).
Commonwealth taxation and statistical legislation: GST is defined by reference to the A New Tax System (Goods and Services Tax) Act 1999 (reg 3 definition of “GST”). The King Island kelp royalty indexation references the CPI figure for Hobart published by the Australian Statistician under the Census and Statistics Act 1905 (reg 12C(3)).
Marine Resources (Savings and Transitional) Act 1995 and former Fisheries Act 1959: The instrument refers to the 1994 abalone deed of agreement continued in force under s 14 of the Marine Resources (Savings and Transitional) Act 1995 and to the former Fisheries Act 1959 for historical deed context (reg 10).
Rules Publication Act 1953: The instrument’s layout and notice in the Gazette are stated as displayed and numbered in accordance with the Rules Publication Act 1953.
Operationally, these interactions mean compliance requires reading the regulations alongside the Act and the Penalty Regulations (for enforcement and appeal mechanics), certain fisheries rules (for equipment definitions and licence types), and relevant Commonwealth statutes (for GST and CPI references). Many administrative steps imposed by the regulations (eg appeals, notifiable decisions, seizure, storage) are executed under statutory powers in the Act; the regulations limit and specify those powers by prescribing species, decisions and penalties for particular statutory sections.
Amendment history
The text contains embedded amendment annotations that record subordinate instrument changes and their applied dates. The following changes are evident within the text and should be treated as part of the instrument’s amendment history (the list below reflects the S.R. numbers and applied dates included in the text):
S.R. 2017, No. 13, Applied: 29 March 2017: Multiple amendments noted in reg 3 and elsewhere (for example amendments to the definitions of “holder of a fishing licence (abalone dive)”, “mother boat” subclauses and others) (see reg 3 annotations).
S.R. 2017, No. 61, Applied: 1 October 2017: Extensive amendments across the instrument; numerous marginal notes indicate substitution of reg 18, reg 19, reg 20, Schedule 1 Part 1 amendments and many other changes (see multiple annotations: regs 3, 18, 19, 20; Schedule 1).
S.R. 2017, No. 96, Applied: 1 January 2018: Inserted reg 7 substitution and added regs 7A-7E and 7B-7D (the abalone area-specific regulations) with effective date 1 Jan 2018 (see reg 7 and reg 7A insertion notes).
S.R. 2018, No. 51, Applied: 8 August 2018: Inserted reg 28 and Schedule 6, prescribing offences and penalty unit mappings (reg 28; Schedule 6).
S.R. 2019, No. 38, Applied: 1 July 2019: Amendments to reg 7(2) and reg 7(3) (see reg 7 annotations).
S.R. 2022, No. 121, Applied: 21 December 2022: Multiple amendments across reg 3 (definitions, northern blacklip area), regs 7, 7A, 7B, 7C and others, updating area definitions and staged size increases and modifying several possession and taking rules (see annotations in regs 3, 7, 7A, 7B, 7C, 24, 27).
The instrument itself was notified in the Gazette on 24 May 2016 and commenced on 24 May 2016 (reg 2; final notice).
The amendment annotations within the text are the only amendment history provided in this instrument. They indicate the legislature has used subordinate regulation-making to stage increases, insert new fisheries and licensing categories (for example King Island kelp, Undaria), and to define precise geographic fisheries areas. For full legislative history, consult the published S.R. instruments referenced by number and date.
Litigation history
This instrument itself does not record any litigation or judicial decisions. The text contains no case citations, judicial summaries or references to litigation results. The schedules and regulations list statutory cross-references and administrative processes (notices, appeals), but the instrument does not report judicial interpretations or litigation outcomes.
Consequently:
There are no cases named in this instrument; do not infer judicial interpretation from this text.
The instrument prescribes appealable determinations to the Appeal Tribunal (reg 14; Schedule 4 Part 2), which creates an administrative appeal pathway but does not provide any appellate decisions within the regulation text.
Any judicial or tribunal decisions interpreting these regulations, area boundaries, measurement methods, the application of exceptions or the calculation of the Schedule 3 fee/royalty formulas would need to be sourced outside this instrument from court or tribunal reports and are not contained here.
For legal argument or risk assessment that depends on judicial interpretation, practitioners will need to search case law databases and tribunal decisions arising under the Living Marine Resources Management Act 1995 and these regulations.
Gotchas
The text contains several detailed, technical traps for the unwary; these are concrete operational points that combine area rules, temporal staging, and role-based exceptions:
Distinction between “take” and “possession”: Many rules differentiate the threshold for taking (physically removing from wild) and possession (having on board or on land). Practitioners must treat these as separate obligations. Example: reg 4(1) prohibits taking abalone under 120 mm unless you hold an abalone dive licence; reg 4(2) prohibits possession under 120 mm unless you are a licence-holder, processor or bought from a fish merchant. Reg 4(3) imposes a tighter possession limit (110 mm) for holders of fishing licences (abalone dive). The practical result is multiple, role-dependent size thresholds that must be tracked simultaneously.
Staged, area-specific increases and transitional dates: Several area-specific minima are phased up on specific dates (e.g. reg 7(2) raises area A minima from 145 mm until 30 June 2024 to 150 mm thereafter; regs 7A-7E include staged increases with different cut-off dates such as 31 Dec 2022, 31 Dec 2023, 31 Dec 2024). Failing to apply the correct date-specific threshold for the location and date of take will create a compliance error (see regs 7, 7A, 7B, 7C, 7D, 7E).
Possession exceptions are conditional and location-sensitive: Many possession exceptions for licence-holders only apply when a holder is on a mother boat and the mother boat is in certain waters, or if the abalone was taken legally elsewhere (see regs 7(3)(a)-(c), 7A(3)). That requires contemporaneous evidence of location and of lawful origin for the abalone.
Cultivated abalone carve-out: Fish processing licence holders and others may possess cultivated abalone below wild size thresholds (reg 6(2), reg 8). This requires documentary evidence of cultivation and the authority or purchase chain. The instrument strictly limits small cultivated abalone possession to licensed marine farmers or persons acting with their authority (reg 8(1)-(2)).
Docket and record controls: Unused docket books are tightly controlled , only current holders of processing or handling licences may hold unused fish dispatch or receipt dockets (reg 25). Those whose licences expire must return unused docket books within 14 days or face penalties (reg 26). Agents and third parties holding dockets (reg 25) must be particularly cautious.
Fee unit accounting: Fees are denominated in fee units widely across Schedule 1 and Schedule 2. The instrument lists fee unit quantities (e.g. 4 650 fee units for grant/renewal of certain licences) but does not state the monetary value of a fee unit here. Users must consult the authority that sets the monetary conversion of a fee unit to determine actual costs (Schedule 1 entries).
GST nuance: Reg 11(6) exempts fees in Schedules 1 and 2 (other than item 6 of Schedule 2) from GST, whereas Schedule 2 item 6 (purchase of tags) is GST inclusive (reg 11(7)). Misunderstanding GST treatment will lead to incorrect invoicing and accounting.
Secretary discretion over form and calculation: The Secretary approves the form of royalty returns and determines what details are required (reg 12D(2)). The Secretary also calculates the royalty and issues the invoice (reg 12D(3)). That creates a dependence on an administrative office for the mechanics of compliance and may require early engagement to obtain or confirm approved forms.
Complex fee formulae and indexation: The beach-price-related fee in Schedule 3 uses an indexed Fee% schedule with interpolation between $30 and $70 and indexation formulas for fee units (Schedule 3 cl 2-3). Similarly, King Island kelp royalties switch from a fixed $30 per dry tonne to a CPI-indexed figure from 1 September 2018 (reg 12C(1)-(2)). Correct calculation therefore requires accurate CPI figures and familiarity with the specified formulas.
Overlap between Grade penalties and Schedule 6: Some provisions specify a Grade 2 or Grade 3 penalty in the text while Schedule 6 provides a penalty-unit mapping for particular subsections. Practitioners should cross-check Grade definitions in the Penalty Regulations and the Schedule 6 entries to avoid under- or over-estimating monetary liability.
Spatial complexity and measurement: The regulations define many geographic areas by lines of latitude and longitude and shoreline references (eg northern blacklip area, Bass Strait islands area). Compliance requires mapping systems and operational procedures to show where taking and possession occurred and to reconcile those locations with the applicable thresholds.
Prescribed persons and retrospective obligations: Reg 24 prescribes persons for record-keeping who were holders of an authorisation at any time in the preceding five years. This retrospective aspect can impose record-keeping duties on persons who no longer hold licences.
Each of these “gotchas” is explicit in the text. Practical compliance requires operations and accounting systems to capture location, time, licence-type, role and origin of catch, and to align measurement practices with the legal definitions (for example, “shell length” is defined in reg 3).
How to comply
This section sets out concrete steps, controls and checklists that follow directly from the obligations in the regulations. It is a practical compliance blueprint referencing the specific regulatory provisions.
Licence and fee management
Catalogue all licences and endorsements your operation holds against Schedule 1 and Schedule 2 entries (reg 11; Schedules 1-2). Note grant/renewal, transfer and variation fee units and confirm monetary conversion of “fee unit” outside this instrument.
Budget for recurrent fees, transfer fees and one-off variation fees (for vessel changes, quota variations, supervisor approvals under s 87, etc.) and ensure payment processes are in place ahead of renewal windows (Schedule 1 items).
For licence types with royalty or quarterly billing (abalone quota additional quarterly fee per reg 12), ensure billing processes map to the billing period.
Measurement and area compliance (critical for abalone)
Adopt a standard measurement protocol for shell length that aligns with the regulation’s definition (reg 3: “shell length” as diameter at widest point), and train staff to measure, record and photograph shell length at the time of capture.
Implement geo-location capture (Vessel monitoring system, GPS logs or deck logs) to record take location and date for each fishing trip to determine which area-specific threshold applies (regs 7, 7A-7E).
Maintain trip manifests and chain-of-custody documentation proving where abalone were taken and whether the trip was a mother-boat operation when relying on mother-boat possession exceptions (regs 3 definition of mother boat; regs 7(3), 7A(3), 7B(3), 7C(3)).
Possession and processing controls
Segregate wild-caught abalone from cultivated abalone and create documentation to support cultivated origin (marine farming licence records, invoices from marine farmer, endorsements) where relying on cultivated exceptions (reg 6(2), reg 8).
Processors must ensure storage and processing lines do not mix under-size wild abalone into product lines by mistake. Maintain records of incoming abalone including supplier, date, location of take and measured shell length (reg 6(1); reg 24 prescribed persons).
Fish merchants must retain purchase records to prove lawful origin for any under-size possession permitted by reg 4(2)(c).
Docket and records management
Only retain unused fish dispatch and fish receipt dockets issued to you and while you are a current holder of a processing or handling licence (reg 25). If licences expire or are cancelled, return unused dockets to the Secretary within 14 days (reg 26).
Establish electronic copies and backup for all required records retained under s 145 of the Act; ensure that if you were a holder of an authorisation in the past five years, you retain the necessary historical records (reg 24(a)).
For transporters acting on behalf of processors or handlers, implement chain-of-custody controls and keep records as prescribed persons (reg 24(c)).
Royalty and beach-price calculations
For King Island kelp licence-holders: prepare to submit royalty returns within two weeks of each royalty period (reg 12D(1)-(2)); capture tonnage in dry tonnes and compute royalties per reg 12C , initially $30 per dry tonne until 1 September 2018, and thereafter calculate using the CPI-indexed formula in reg 12C(2) with the CPI Hobart figures (reg 12C(3)).
Ensure you use the Secretary-approved return form and include the details the Secretary requires (reg 12D(2)); keep copies of invoices and proof of payment (reg 12D(3); reg 12E).
For parties subject to the 1994 abalone deed of agreement fees, implement the Schedule 3 formula: capture the beach price at the relevant billing period, apply the Fee% schedule and indexation rules in Schedule 3 to calculate the fee due (reg 10; Schedule 3 cl 2-3). Maintain documentation of the beach price inputs (reg 9(2)-(3)).
Appeals and administrative steps
If you are subject to an administrative decision listed in Schedule 4 Part 1, expect notice to be served under s 280 of the Act (reg 13; Schedule 4 Part 1). Track those notices and the time-limits for review and appeal.
If the decision is a determination listed in Schedule 4 Part 2 after review, prepare to appeal to the Appeal Tribunal under s 283 of the Act (reg 14; Schedule 4 Part 2). Ensure you maintain the record necessary for review and appeal.
For approvals under ss 87-89 (supervisors, substitute licensees, forms of supervision), use the application fees and prepare supporting documentation (Schedule 2 item 1; Schedule 1 Part 1 item 3).
Species and biosecurity management
Prohibit take and possession of species listed in reg 15 and reg 23; educate crew and staff about the identification of noxious species and listed protected species.
Implement procedures for the destruction or surrender of noxious fish where required, noting that the Minister can issue directions tied to the Act (Schedule 4 item 11 refers to ministerial decisions under s 130).
Accounting and taxation
Apply GST rules as specified: most fees in Schedules 1 and 2 are GST-exempt except item 6 of Schedule 2 which is GST inclusive (reg 11(6)-(7)). Coordinate with finance/tax advisers to apply correct GST treatment and invoicing.
Reconcile licence fee units with the applied monetary amount per fee unit as set by the relevant Tasmanian authority.
Internal controls and training
Document written policies for measurement, record retention, docket control, returns submission, and royalty payment.
Assign a compliance officer to monitor regulatory changes (the instrument contains multiple S.R. amendment annotations) and to verify the Secretary’s approved forms and any procedural guidance issued by the Department of Primary Industries, Parks, Water and Environment.
Keep a calendar of staged changes (eg the date thresholds in the reg 7 series and reg 7A-7E) so operational teams know which size thresholds apply on given dates.
Engage early with authorities
If in doubt about the Secretary-approved form or calculation method for a royalty or fee, request clarification from the Secretary to obtain the correct approved form or guidance (reg 12D(2)-(3)). For licence transfer or variation matters with high fee exposure (e.g. transfers listed at high fee units in Schedule 1), seek pre-transaction confirmations.
Checklist (short)
Confirm licence types and fees applicable (Schedule 1).
Implement shell-length measurement protocol; log date and location (GPS) for each take.
Maintain supplier invoices and cultivation certificates for cultivated abalone.
Retain and manage docket books; return unused dockets within 14 days after licence expiry.
Submit King Island kelp royalty returns on time; pay invoices within 30 days.
Check GST treatment per reg 11(6)-(7).
Keep records for five years if you have been a holder of an authorisation in that period (reg 24).
Monitor amendments (S.R. numbers in the margins) and maintain an updated compliance calendar.
Following these concrete measures will align operational practice with the obligations established in the regulations and reduce exposure to the offences and penalties mapped in Schedule 6.
(a) the holder of any licence other than a fishing licence (recreational); or
(b) a person who carries on the business of selling fish;
fish receipt docket means a docket relating to the receipt of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;
[Regulation 3 Amended by S.R. 2017, No. 61, Applied:01 Oct 2017]fish trap has the same meaning as in the Fisheries (Scalefish) Rules 2015 ;
fishing licence (abalone dive) means a fishing licence of a kind referred to in rule 7(a)(i) of the Fisheries (Abalone) Rules 2009 ;
[Regulation 3 Amended by S.R. 2017, No. 61, Applied:01 Oct 2017]fishing licence (King Island kelp) means a fishing licence of a kind referred to in rule 6(a)(ii) of the Fisheries (Marine Plant) Rules 2017 ;
giant crab means crab of the species Pseudocarcinus gigas;
[Regulation 3 Amended by S.R. 2017, No. 61, Applied:01 Oct 2017]giant crab trap means a trap within the meaning of the Fisheries (Giant Crab) Rules 2013 ;
Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;
Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;
Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations;
greenlip abalone means fish of the species Haliotis laevigata;
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
holder of a fishing licence (abalone dive) includes a supervisor of such a licence;
licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year;
mother boat means a fishing vessel that –
(a) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and
(b) is used by holders of a fishing licence (abalone dive) –
(i) to act as a diving platform to take abalone for commercial purposes; or
(ii) [Regulation 3 Amended by S.R. 2017, No. 13, Applied:29 Mar 2017] to operate a fishing vessel, or auxiliary vessel, that acts as a diving platform to take abalone for commercial purposes; or
(iii) [Regulation 3 Amended by S.R. 2017, No. 13, Applied:29 Mar 2017] to undertake a fishing trip which ends on a day other than the day on which it commenced;
[Regulation 3 Amended by S.R. 2022, No. 121, Applied:21 Dec 2022]northern blacklip area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40o 48' 00” South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to the point of latitude 40o 37' 14.40” South, longitude 144o 41' 37.87” East, then running due north to the line of latitude 40o 16' 58.41” South, and running due west to the limit of State waters.
Penalty Regulations means the Fisheries (Penalties) Regulations 2011 ;
pensioner means a person who is –
(a) the holder of a current Pensioner Concession Card issued in accordance with the Social Security Act 1991 of the Commonwealth; or
(b) [Regulation 3 Amended by S.R. 2017, No. 13, Applied:29 Mar 2017] the holder of a current card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth;
processing operation means treating fish by one or more of the following processes:
(a) cutting up;
(b) breaking up;
(c) shelling;
(d) skinning;
(e) shucking;
(f) filleting;
(g) cooking;
(h) drying;
(i) curing;
(j) smoking;
(k) voiding;
(l) purging;
(m) packing, for the purpose of dispatching the fish from the processing premises;
(n) freezing;
(o) canning;
rock lobster means rock lobster of the genus Jasus or Sagmariasus;
scallop means fish of the species –
(a) Equichlamys bifrons (commonly known as queen scallop); or
(b) Pecten fumatus (commonly known as commercial scallop); or
(c) Mimachlamys asperrimus (commonly known as doughboy scallop);
shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not;
sporophyll means that part of an algal stem containing or producing spores;
Undaria means –
(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and
(b) sporophyll of that alga;
wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates.
Part 2 Minimum sizes
Part 2 Minimum sizes
4 Taking or possessing abalone
4 Taking or possessing abalone
(1) [Regulation 4 Subregulation (1) amended by S.R. 2017, No. 13, Applied:29 Mar 2017] A person must not take abalone with a shell length less than 120 millimetres unless that person is the holder of a fishing licence (abalone dive).
Penalty: Grade 3 penalty.
(2) [Regulation 4 Subregulation (2) amended by S.R. 2017, No. 13, Applied:29 Mar 2017] A person must not have possession of abalone with a shell length less than 120 millimetres unless that person –
(a) is the holder of a fishing licence (abalone dive); or
(b) is the holder of a fish processing licence; or
(c) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
(3) The holder of a fishing licence (abalone dive) must not take or have possession of abalone with a shell length less than 110 millimetres.
Penalty: Grade 3 penalty.
5 Taking or possessing greenlip abalone
5 Taking or possessing greenlip abalone
A person must not take or have possession of greenlip abalone with a shell length less than 132 millimetres.
Penalty: Grade 3 penalty.
6 Possession by fish processing licence holder
6 Possession by fish processing licence holder
(1) The holder of a fish processing licence must not have possession of –
(a) abalone with a shell length less than 110 millimetres; or
(b) greenlip abalone with a shell length less than 132 millimetres; or
(c) abalone taken from State waters with a smaller shell length than that which may legally be taken from those waters by the holder of a fishing licence (abalone dive).
Penalty: Grade 3 penalty.
(2) Subregulation (1)(a) and (b) do not apply to abalone that has been cultivated elsewhere than in the wild.
7 Taking or possessing abalone in area A
7 Taking or possessing abalone in area A
[Regulation 7 Substituted by S.R. 2017, No. 96, Applied:01 Jan 2018]
(1) In this regulation –
area A means the area of State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary straight line due south from Whale Head near South East Cape and an imaginary straight line due west from the mouth of the Wild Wave River near Sandy Cape.
(2) [Regulation 7 Subregulation (2) amended by S.R. 2019, No. 38, Applied:01 Jul 2019][Regulation 7 Subregulation (2) substituted by S.R. 2022, No. 121, Applied:21 Dec 2022] The holder of a fishing licence (abalone dive) must not take, from the waters within area A, abalone with a shell length –
(a) if the abalone is taken on or before 30 June 2024 – less than 145 millimetres; or
(b) if the abalone is taken after 30 June 2024 – less than 150 millimetres.
Penalty: Grade 3 penalty.
(3) [Regulation 7 Subregulation (3) amended by S.R. 2019, No. 38, Applied:01 Jul 2019][Regulation 7 Subregulation (3) substituted by S.R. 2022, No. 121, Applied:21 Dec 2022] The holder of a fishing licence (abalone dive) must not, in the waters of area A or on land within one kilometre of waters within that area, have possession of any abalone, taken during a period referred to in subregulation (2) , that have a shell length less than the length specified in that subregulation in respect of that period, unless –
(a) the holder is undertaking a fishing trip on a mother boat; and
(b) the mother boat is –
(i) in State waters north of an imaginary line running due west from Cape Sorell to the limit of State waters; or
(ii) in Macquarie Harbour or the channel into Macquarie Harbour; and
(c) the abalone has a shell length of –
(i) if the abalone is in the possession of the holder on or before 31 December 2024 – not less than 132 millimetres; or
(ii) if the abalone is in the possession of the holder after 31 December 2024 – not less than 136 millimetres.
Penalty: Grade 3 penalty.
7A Taking or possessing abalone in northern blacklip area
7A Taking or possessing abalone in northern blacklip area
[Regulation 7A Inserted by S.R. 2017, No. 96, Applied:01 Jan 2018]
(1) In this regulation –
Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and the Furneaux Group of islands in Bass Strait bounded in the west by an imaginary line running from the northernmost point of Woolnorth Point to the point of latitude 40° 37’ 14.40” South, longitude 144° 41’ 37.87” East, then running due north to the outer limit of State waters and bounded in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39’ South, then due east along that line of latitude to the outer limit of State waters;
Bass Strait islands area means the area of State waters adjacent to the Furneaux Group of islands in Bass Strait as well as the islands in northern Bass Strait bounded in the west by the line of longitude 145° 22’ 42” East, and bounded in the south by the line of latitude 40° 39’ 00” South;
[Regulation 7A Subregulation (1) amended by S.R. 2022, No. 121, Applied:21 Dec 2022]King Island blacklip area means the area of State waters adjacent to King Island bounded in the east by the line of longitude 144° 41’ 37.87” East, and bounded in the south by the line of latitude 40° 16’ 58.41” South;
[Regulation 7A Subregulation (1) amended by S.R. 2022, No. 121, Applied:21 Dec 2022]Musselroe Bay blacklip area means the area of State waters adjacent to the north-east coast of mainland Tasmania bounded in the west by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39’ 00” South, then due east along that line of latitude to the outer limit of State waters, and bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48’ 00” South, and running due east to the outer limit of State waters;
north coast blacklip area means the area of State waters adjacent to the north coast of mainland Tasmania bounded by an imaginary line starting at the point where the line of longitude 145° 22’ 42” East meets the high-water mark near Cowrie Point and running due north along that line of longitude until its junction with the line of latitude 40° 39’ 00” South, then due east along that line of latitude until its junction with the line of longitude 147° 27’ 00” East and then due south along that line of longitude to the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay;
[*[Regulation 7A Subregulation (1) amended by S.R. 2022, No. 121,
This is an opening excerpt, not the complete document.
