ch.1-pt.1
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Queensland regulation
What this Regulation does (mechanics first)
Sets out the detailed operating rules that give effect to the Fisheries Act: definitions, licence and permit types, quota authorities and how they work, record-keeping, fees, declared fish habitat areas, vessel-tracking and reporting requirements, and detailed technical definitions for fishing gear and areas (see ch.1–ch.7 and schedules). (See e.g. sections 23–26, 29–36, chapter 4, chapter 5 and schedules 2A–2D, 7, 8, 10.)
Creates and prescribes the mechanics for quota and effort units (ITQs and effort-based units): conversion of older units (T1/T2) into region-based effort units, issuance formulas and eligibility criteria for new quota families (Moreton Bay trawl effort units, ENL-ITQ, C1-ITQ and select coral ITQs), and the form of replacement certificates. (See sch.2A, sch.2B, sch.2C and sections 58–58E.)
Mandates vessel tracking for many commercial licences and prescribes how equipment must be installed, when it must be operating, what to do if it malfunctions (manual reporting, towing to port, or attaching tender boats), and alternative communication arrangements. (See sections 82–96B.)
Requires structured record‑keeping and transaction evidence across the supply chain: sale dockets for wholesale sales, processing records (abalone), transport and warehouse records, logbook-like forms when someone other than the authority holder uses a boat or fishes under an authority, and automated evidence from an AIVR system for certain transactions. (See sections 109–128, 115–117, ch.5.)
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Direct links to the current provisions in Fisheries (General) Regulation 2019.
This regulation may be cited as the Fisheries (General) Regulation 2019 .
This regulation commences on 1 September 2019.
This regulation, the Fisheries (Commercial Fisheries) Regulation 2019 , the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019 — all provide for matters under the Act ; and must be read together. See section 42 of the Act in relation to the relationship between regulations and declarations. This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1) , including, for example— the interpretation of particular references; and the authorisation under, and conditions of, an authority. Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example— the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and See section 29 (4) . the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority. (sec.3-ssec.1) This regulation, the Fisheries (Commercial Fisheries) Regulation 2019 , the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019 — all provide for matters under the Act ; and must be read together. See section 42 of the Act in relation to the relationship between regulations and declarations. (sec.3-ssec.2) This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1) , including, for example— the interpretation of particular references; and the authorisation under, and conditions of, an authority. (sec.3-ssec.3) Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example— the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and See section 29 (4) . the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.
The dictionary in schedule 11 defines particular words used in this regulation.
For section 5 (3) (b) of the Act , a relevant protected animal is prescribed not to be a fish. In this section— relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992 , other than each of the following animals— Australian lungfish; largetooth sawfish; Mary River cod; redfish; scalloped hammerhead; silver perch. See also the Nature Conservation (Animals) Regulation 2020 , section 66A . s 4A ins 2024 SL No. 196 s 10 amd 2025 SL No. 42 s 11 (sec.4A-ssec.1) For section 5 (3) (b) of the Act , a relevant protected animal is prescribed not to be a fish. (sec.4A-ssec.2) In this section— relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992 , other than each of the following animals— Australian lungfish; largetooth sawfish; Mary River cod; redfish; scalloped hammerhead; silver perch.
A commercial fisher is a person who holds a commercial fisher licence.
A recreational fisher is a person who is carrying out recreational fishing. A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom. For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip. A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) . However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit. s 6 amd 2024 SL No. 196 s 63 sch 1 (sec.6-ssec.1) A recreational fisher is a person who is carrying out recreational fishing. (sec.6-ssec.2) A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom. (sec.6-ssec.3) For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip. (sec.6-ssec.4) A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) . (sec.6-ssec.5) However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.
Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus. Recreational fishing apparatus is— a spear or spear gun; or any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration— a canister trap; a cast net; a collapsible trap; a crab pot; a dilly; a fishing line; a fork; a funnel trap; a hand pump; a lobster loop; a pyramid trap; a round trap; a scoop net; a seine net. (sec.7-ssec.1) Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus. (sec.7-ssec.2) Recreational fishing apparatus is— a spear or spear gun; or any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration— a canister trap; a cast net; a collapsible trap; a crab pot; a dilly; a fishing line; a fork; a funnel trap; a hand pump; a lobster loop; a pyramid trap; a round trap; a scoop net; a seine net.
This section prescribes the meaning of stowed and secured for section 77A (4) of the Act and other legislation mentioned in section 3 (1) . A thing is stowed and secured if it is stowed inboard a boat. (sec.8-ssec.1) This section prescribes the meaning of stowed and secured for section 77A (4) of the Act and other legislation mentioned in section 3 (1) . (sec.8-ssec.2) A thing is stowed and secured if it is stowed inboard a boat.
Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019 , chapter 2 . A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019 . Subsection (2) applies whether or not the reference includes the term ‘regulated waters’. (sec.9-ssec.1) Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019 , chapter 2 . (sec.9-ssec.2) A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019 . (sec.9-ssec.3) Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.
Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 . A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019 . Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’. (sec.10-ssec.1) Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 . (sec.10-ssec.2) A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019 . (sec.10-ssec.3) Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.
A reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act . A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act . A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act .
A reference to a fishery symbol followed by the term ‘licence’ is a reference to a primary commercial fishing licence on which the fishery symbol is written. A reference to a C2 licence is a reference to a primary commercial fishing licence on which the fishery symbol ‘C2’ is written. s 12 sub 2020 SL No. 236 s 116
A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence. A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence. In a provision about a primary commercial fishing licence— a reference to the primary boat is a reference to the primary boat for the licence under subsection (1) ; and a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 2 , part 4 , division 2 ; and a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce. However, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat. See the Fisheries (Commercial Fisheries) Regulation 2019 , section 32 (1) (d) and (4) . s 13 amd 2020 SL No. 236 s 117 ; 2021 SL No. 29 s 17 (sec.13-ssec.1) A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence. (sec.13-ssec.2) A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence. (sec.13-ssec.3) In a provision about a primary commercial fishing licence— a reference to the primary boat is a reference to the primary boat for the licence under subsection (1) ; and a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 2 , part 4 , division 2 ; and a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce. (sec.13-ssec.4) However, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat. See the Fisheries (Commercial Fisheries) Regulation 2019 , section 32 (1) (d) and (4) .
This section applies if a provision states a period that— starts on a day or in a month (the first-mentioned day or month ); and ends on a day or in a month (the second-mentioned day or month ). The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month. A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February. (sec.14-ssec.1) This section applies if a provision states a period that— starts on a day or in a month (the first-mentioned day or month ); and ends on a day or in a month (the second-mentioned day or month ). (sec.14-ssec.2) The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month. A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.
This section applies if a provision states a period that starts at a time (the first-mentioned time ) and ends at another time (the second-mentioned time ). The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year. A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year. A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day. A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October. (sec.15-ssec.1) This section applies if a provision states a period that starts at a time (the first-mentioned time ) and ends at another time (the second-mentioned time ). (sec.15-ssec.2) The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year. A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year. A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day. A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.
A fishing operation starts and ends as follows— a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net— starts when the boat leaves a landing place to carry out fishing; and ends when the boat stops being used for fishing and lands; a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net— starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and ends when the commercial fisher stops taking fish and leaves the place; a fishing operation involving using a boat to take fish using a seine net— starts when the boat enters a beach or foreshore to carry out fishing; and ends when the boat stops being used for fishing and leaves the beach or foreshore; a fishing operation not involving using a boat to take fish— starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and ends when the commercial fisher or assistant fisher stops fishing and leaves the place. A day of a fishing operation— is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period. An outside fishing operation day , for a primary commercial fishing licence— is each 24 hour period after the first midnight after a fishing operation under the licence ends; and if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts. s 15A ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38 (1) – (3) ) (sec.15A-ssec.1) A fishing operation starts and ends as follows— a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net— starts when the boat leaves a landing place to carry out fishing; and ends when the boat stops being used for fishing and lands; a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net— starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and ends when the commercial fisher stops taking fish and leaves the place; a fishing operation involving using a boat to take fish using a seine net— starts when the boat enters a beach or foreshore to carry out fishing; and ends when the boat stops being used for fishing and leaves the beach or foreshore; a fishing operation not involving using a boat to take fish— starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and ends when the commercial fisher or assistant fisher stops fishing and leaves the place. (sec.15A-ssec.2) A day of a fishing operation— is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period. (sec.15A-ssec.3) An outside fishing operation day , for a primary commercial fishing licence— is each 24 hour period after the first midnight after a fishing operation under the licence ends; and if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.
The commercial fisher in control , of a fishing operation conducted in a commercial fishery under a primary commercial fishing licence, is the commercial fisher whom the holder of the licence has allowed, under the Fisheries (Commercial Fisheries) Regulation 2019 , section 32 , to act under the licence to take fish, or use a primary boat to take fish, in the fishery. s 15B ins 2020 SL No. 236 s 186
A boat lands when it is brought to a landing place for a boat. A landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf. s 15C ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38 (4) ) (sec.15C-ssec.1) A boat lands when it is brought to a landing place for a boat. (sec.15C-ssec.2) A landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf.
A fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat. A landing place for fish taken without using a boat is a place where the fish can be brought to shore. s 15D ins 2020 SL No. 236 s 186 (sec.15D-ssec.1) A fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat. (sec.15D-ssec.2) A landing place for fish taken without using a boat is a place where the fish can be brought to shore.
Schedule 7 provides for the interpretation of references to, or relating to, particular species of fish, including, for example— the scientific names for the species of fish; and the interpretation of references to a stock of fish.
Schedule 8 provides for the interpretation of references to, or relating to, particular waters or areas, including, for example— matters about working out boundaries of particular waters or areas; and the meaning of particular types of waters or areas or references to particular types of waters or areas.
Schedule 9 provides for the interpretation of references to, or relating to, boats, including, for example, working out a boat’s dimensions and hull units and the boat engine’s maximum continuous brake kW.
Schedule 10 provides for the interpretation of references to, or relating to, particular fishing apparatus, including, for example— the meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and how to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.
For schedule 1 of the Act , definition aquaculture , the following circumstances are prescribed— maintaining live fisheries resources taken under an authority before sale if— the maintenance does not involve breeding or enhancing the development of the resources; and the fisheries resources are not released into Queensland waters; cultivating live fish taken under an A1 or A2 licence before sale if— the cultivation does not involve breeding the fish; and the fish are not released into Queensland waters; cultivating live fish taken under a D licence before sale if— the cultivation does not involve propagation, other than by fragmentation, of the fish; and the fish are not released into Queensland waters; maintaining live fisheries resources in a retail outlet for sale if the fisheries resources are not released into Queensland waters. s 19A ins 2020 SL No. 236 s 64
For section 82 of the Act , schedule 1 prescribes— each act that must only be done by the holder of an authority; and persons who have authority under the Act to do the act.
For section 14 (3) of the Act , definition prescribed fishing apparatus , paragraph (b) , a fish trap is prescribed. In this section— fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish. (sec.21-ssec.1) For section 14 (3) of the Act , definition prescribed fishing apparatus , paragraph (b) , a fish trap is prescribed. (sec.21-ssec.2) In this section— fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.
For section 14 (3) of the Act , definition prescribed waters , paragraph (b) , the following regulated waters are prescribed— Barron River (fishing) Bizant River, Princess Charlotte Bay Burnett River Barrage Centenary Lakes, Cairns Coombabah Lake and Coombabah Creek Fitzroy River Barrage Hook Island (fishing) Keppel Bay (fishing) Kolan River Barrage Mary River Barrage Swan Bay Tinana Creek Barrage Wolf Rock (grey nurse shark protection area) Yanks Jetty at Orpheus Island.
This division states the types of licences, permits and quota authorities the chief executive may issue under section 49 of the Act .
The chief executive may issue a licence of any of the following types— a primary commercial fishing licence; a commercial fisher licence; a charter fishing licence. s 24 sub 2020 SL No. 236 s 118
The chief executive may issue a permit of any of the following types— a developmental fishing permit; an indigenous fishing permit; a stocked impoundment permit; a filleting permit for an RQ licence or SM licence; a permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes— education; research; environmental protection; public health or safety; indigenous fishing; fish salvage; fish stocking; broodstock or culture stock collection; trialling alternative commercial apparatus or fishing activities. s 25 amd 2020 SL No. 236 s 65
The following are the types of quota authorities the chief executive has issued under the Act — T1 effort units and T2 effort units; Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region. SM units; CT line units, OS line units and RTE line units; C2-ITQ units; T4-ITQ units. Also, the chief executive may issue the following types of quota authorities under the Act — effort units for the Moreton Bay trawl region; GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units; The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units. BC1-ITQ units, EC1-ITQ units and GC1-ITQ units; The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units. B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units; The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units. DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units. The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units. s 26 amd 2020 SL No. 236 s 66 ; 2023 SL No. 44 s 18 ; 2023 SL No. 194 s 35 (sec.26-ssec.1) The following are the types of quota authorities the chief executive has issued under the Act — T1 effort units and T2 effort units; Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region. SM units; CT line units, OS line units and RTE line units; C2-ITQ units; T4-ITQ units. (sec.26-ssec.2) Also, the chief executive may issue the following types of quota authorities under the Act — effort units for the Moreton Bay trawl region; GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units; The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units. BC1-ITQ units, EC1-ITQ units and GC1-ITQ units; The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units. B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units; The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units. DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units. The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.
The chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.
The chief executive may issue an authority authorising an activity mentioned in column 1 of the following table only of a type mentioned opposite the activity in column 2— Activity Type of authority that may be issued remove, destroy or damage dead marine wood on unallocated State land for trade or commerce resource allocation authority carry out development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) , in a declared fish habitat area resource allocation authority take freshwater fish from a prescribed stocked impoundment using a fishing line stocked impoundment permit or general fisheries permit release aquaculture fisheries resources into Queensland waters general fisheries permit
This section states particular matters about what an authority authorises under section 52 of the Act . An authority authorises the carrying out of an activity stated— in the authority; or in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 . The authorisation is subject to the conditions— stated in the authority; or prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 . Also, the authorisation, including the conditions to which it is subject under subsection (3) , is subject to any provision of the Fisheries Declaration 2019 that— prohibits the carrying out of the activity; or prohibits the carrying out of the activity in particular circumstances; or otherwise imposes a restriction on how the activity may be carried out. (sec.29-ssec.1) This section states particular matters about what an authority authorises under section 52 of the Act . (sec.29-ssec.2) An authority authorises the carrying out of an activity stated— in the authority; or in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 . (sec.29-ssec.3) The authorisation is subject to the conditions— stated in the authority; or prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019 . (sec.29-ssec.4) Also, the authorisation, including the conditions to which it is subject under subsection (3) , is subject to any provision of the Fisheries Declaration 2019 that— prohibits the carrying out of the activity; or prohibits the carrying out of the activity in particular circumstances; or otherwise imposes a restriction on how the activity may be carried out.
A person carries out an activity under an authority only if— the authority authorises the carrying out of the activity under section 29 ; and the person is the holder of the authority or another person authorised to carry out the activity under the authority; and the person carries out the activity in accordance with the conditions mentioned in section 29 (3) , and the provisions mentioned in section 29 (4) , to which the authorisation is subject.
The chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat— is a domestic commercial vessel; and is not already identified as a primary commercial fishing boat in another primary commercial fishing licence. Only 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence. s 31 sub 2020 SL No. 236 s 119 (sec.31-ssec.1) The chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat— is a domestic commercial vessel; and is not already identified as a primary commercial fishing boat in another primary commercial fishing licence. (sec.31-ssec.2) Only 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence.
If the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number ) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence. Subsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’. The authorised number may be zero or a particular number. However, the authorised number must not be more than— for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or for the fishery symbol ‘B1’ or ‘J1’—4; or for the fishery symbol ‘R’—8; or for another fishery symbol—7. For the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol. The chief executive must give the holder of the licence an information notice for a decision under this section. s 32 sub 2020 SL No. 236 s 119 amd 2021 SL No. 29 s 18 (sec.32-ssec.1) If the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number ) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence. (sec.32-ssec.2) Subsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’. (sec.32-ssec.3) The authorised number may be zero or a particular number. (sec.32-ssec.4) However, the authorised number must not be more than— for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or for the fishery symbol ‘B1’ or ‘J1’—4; or for the fishery symbol ‘R’—8; or for another fishery symbol—7. (sec.32-ssec.5) For the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol. (sec.32-ssec.6) The chief executive must give the holder of the licence an information notice for a decision under this section.
The Fisheries (Commercial Fisheries) Regulation 2019 provides for— the authorisation under a primary commercial fishing licence; and conditions applying to a primary commercial fishing licence. s 33 sub 2020 SL No. 236 s 119
The following primary commercial fishing licences are not transferable— a licence on which the fishery symbol ‘E’ is written; a licence on which the fishery symbol ‘NX’ is written. s 34 sub 2020 SL No. 236 s 119 ; 2023 SL No. 194 s 36
The chief executive may issue a commercial fisher licence to a person only if the person— is at least 18 years of age; and has knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries. s 35 sub 2020 SL No. 236 s 119
The Fisheries (Commercial Fisheries) Regulation 2019 provides for— the authorisation under a commercial fisher licence; and conditions applying to a commercial fisher licence. s 36 sub 2020 SL No. 236 s 119
A commercial fisher licence is not transferable. s 37 sub 2020 SL No. 236 s 119
The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters. The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence. A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1) . s 38 sub 2020 SL No. 236 s 119 (sec.38-ssec.1) The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters. (sec.38-ssec.2) The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence. (sec.38-ssec.3) A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1) .
It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip— for a purpose other than use as bait for fishing during the trip; or in a way that contravenes the Fisheries Declaration 2019 , chapter 4 , part 4 . s 39 sub 2020 SL No. 236 s 119
s 40 om 2020 SL No. 236 s 119
s 41 om 2020 SL No. 236 s 119
s 42 om 2020 SL No. 236 s 119
s 43 om 2020 SL No. 236 s 119
s 44 om 2020 SL No. 236 s 119
s 45 om 2020 SL No. 236 s 119
The chief executive must not issue a permit authorising any of the following— possessing a purse seine net; using a purse seine net to take fish; possessing fish taken in contravention of paragraph (b) .
The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce. S ubsection (1) does not apply if— the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following— to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit; to use as food for display fish; for research; or the permit is a replacement for a permit mentioned in subsection (1) . s 47 amd 2020 SL No. 236 s 124 sch 2 (sec.47-ssec.1) The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce. (sec.47-ssec.2) S ubsection (1) does not apply if— the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following— to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit; to use as food for display fish; for research; or the permit is a replacement for a permit mentioned in subsection (1) .
The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce. S ubsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit. (sec.48-ssec.1) The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce. (sec.48-ssec.2) S ubsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.
The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters. Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1) . (sec.49-ssec.1) The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters. (sec.49-ssec.2) Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1) .
The chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years.
The chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession of fish taken in, the regulated waters mentioned in the Fisheries Declaration 2019 , section 17 (2) unless the permit is for an activity for which any of the following is the sole or main purpose— research; environmental protection; public health or safety.
The chief executive must not issue a general fisheries permit authorising the taking or possession of regulated coral reef fin fish in coral reef fin fish waters in a regulated period mentioned in the Fisheries Declaration 2019 , section 23 . s 51A ins 2020 SL No. 236 s 67
The chief executive must not issue a general fisheries permit authorising a commercial fisher to use a cast net, mesh net, seine net or set pocket net to take fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019 , section 65 (1) .
The holder of a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit— assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery identified in the permit; buy, use and possess fishing apparatus to carry out the assessment; take, possess and process fish taken for carrying out the assessment; sell the fish taken for carrying out the assessment.
The holder of an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit— assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a fishery identified in the permit; buy, use and possess fishing apparatus to carry out the assessment; take, possess and process fish taken for carrying out the assessment; sell the fish taken for carrying out the assessment.
The holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.
The holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence. The holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence. s 56 sub 2020 SL No. 236 s 68 (sec.56-ssec.1) The holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence. (sec.56-ssec.2) The holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence.
This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters. It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2 . (sec.57-ssec.1) This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters. (sec.57-ssec.2) It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2 .
The chief executive must not issue any new— T1 effort or T2 units; or SM units; or CT line units, OS line units or RTE line units; or C2-ITQ units; or T4-ITQ units. However, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A , part 1 . s 58 amd 2020 SL No. 236 s 70 (sec.58-ssec.1) The chief executive must not issue any new— T1 effort or T2 units; or SM units; or CT line units, OS line units or RTE line units; or C2-ITQ units; or T4-ITQ units. (sec.58-ssec.2) However, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A , part 1 .
The chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A , part 2 . The chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021. s 58A ins 2020 SL No. 236 s 71 (sec.58A-ssec.1) The chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A , part 2 . (sec.58A-ssec.2) The chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021.
The chief executive must issue ENL-ITQ units under schedule 2B . The chief executive must not issue any ENL-ITQ units after 31 August 2021. s 58B ins 2020 SL No. 236 s 71 (sec.58B-ssec.1) The chief executive must issue ENL-ITQ units under schedule 2B . (sec.58B-ssec.2) The chief executive must not issue any ENL-ITQ units after 31 August 2021.
The chief executive must issue C1-ITQ units under schedule 2C . The chief executive must not issue any C1-ITQ units after 31 August 2021. s 58C ins 2020 SL No. 236 s 71 (sec.58C-ssec.1) The chief executive must issue C1-ITQ units under schedule 2C . (sec.58C-ssec.2) The chief executive must not issue any C1-ITQ units after 31 August 2021.
The chief executive must issue hand-harvest ITQ units under schedule 2D . The chief executive must not issue any hand-harvest ITQ units after 31 August 2021. s 58D ins 2020 SL No. 236 s 71 (sec.58D-ssec.1) The chief executive must issue hand-harvest ITQ units under schedule 2D . (sec.58D-ssec.2) The chief executive must not issue any hand-harvest ITQ units after 31 August 2021.
The chief executive must issue select coral ITQ units under schedule 2E . The chief executive must not issue any select coral ITQ units after 30 June 2023. s 58E ins 2023 SL No. 44 s 19 (sec.58E-ssec.1) The chief executive must issue select coral ITQ units under schedule 2E . (sec.58E-ssec.2) The chief executive must not issue any select coral ITQ units after 30 June 2023.
The Fisheries (Commercial Fisheries) Regulation 2019 provides for— the authorisation under a quota authority; and conditions applying to a quota authority.
A prescribed development purpose , for a declared fish habitat area, is any of the following in, or directly affecting, the area— restoring the fish habitat or natural processes; reinstating tidal profiles for allowing restoration of marine plant communities restoring tidal flows and inundation patterns managing fisheries resources or fish habitat; constructing a boardwalk for public access within the declared fish habitat area for preventing uncontrolled disturbance of the habitat researching, including monitoring, or educating; ensuring public health or safety; providing public infrastructure to facilitate fishing; a boat ramp or jetty for public use providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity; constructing a temporary structure; maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act ; maintaining a structure, other than a structure mentioned in paragraph (h) , that has been lawfully constructed; for a part of the area that is a management B area— constructing a permanent structure in the area; or depositing material for beach replenishment in the area for the purpose of erosion control.
The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates. Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates— the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities; for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area; for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area. (sec.61-ssec.1) The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates. (sec.61-ssec.2) Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates— the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities; for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area; for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.
The holder of a resource allocation authority may do any of the following under the authority— for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) —interfere with the declared fish habitat area mentioned in the authority; for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority; for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority. However, the holder may do an act mentioned in subsection (1) only if— the holder does the act in relation to the development to which the authority relates; and the development is carried out in a way that is authorised under the Planning Act . (sec.62-ssec.1) The holder of a resource allocation authority may do any of the following under the authority— for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017 , schedule 24 , definition non-referable building work , paragraph (d) —interfere with the declared fish habitat area mentioned in the authority; for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority; for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority. (sec.62-ssec.2) However, the holder may do an act mentioned in subsection (1) only if— the holder does the act in relation to the development to which the authority relates; and the development is carried out in a way that is authorised under the Planning Act .
For section 68B (3) (b) (i) of the Act , this part prescribes criteria for the suspension or cancellation of particular authorities.
In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence. Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted. s 64 amd 2023 Act No. 23 s 247 sch 1 s 17 (sec.64-ssec.1) In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence. (sec.64-ssec.2) Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.
This section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person. An appropriate period of suspension may be— for the person’s first conviction—3 months to 1 year; or for the person’s second conviction—6 months to 3 years; or for the person’s third or later conviction—1 year to 5 years. Cancellation of the person’s licence may be appropriate for the person’s third or later conviction. s 65 sub 2020 SL No. 236 s 120 (sec.65-ssec.1) This section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person. (sec.65-ssec.2) An appropriate period of suspension may be— for the person’s first conviction—3 months to 1 year; or for the person’s second conviction—6 months to 3 years; or for the person’s third or later conviction—1 year to 5 years. (sec.65-ssec.3) Cancellation of the person’s licence may be appropriate for the person’s third or later conviction.
This section applies in relation to effort units for a trawl region held by a person. An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65 . A holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that would entitle A to use the primary boat under the licence for 3 months to 1 year. s 66 amd 2020 SL No. 236 s 187 (sec.66-ssec.1) This section applies in relation to effort units for a trawl region held by a person. (sec.66-ssec.2) An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65 . A holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that would entitle A to use the primary boat under the licence for 3 months to 1 year.
This section applies in relation to SM units held by a person. An appropriate suspension may be— if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year. An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year. (sec.67-ssec.1) This section applies in relation to SM units held by a person. (sec.67-ssec.2) An appropriate suspension may be— if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year. (sec.67-ssec.3) An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.
This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year— the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or an RQ fishery licence held by the person is suspended. An appropriate suspension may be— for subsection (1) (a) —suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or for subsection (1) (b) —suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements. (sec.68-ssec.1) This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year— the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or an RQ fishery licence held by the person is suspended. (sec.68-ssec.2) An appropriate suspension may be— for subsection (1) (a) —suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or for subsection (1) (b) —suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.
This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight). An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person. (sec.69-ssec.1) This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight). (sec.69-ssec.2) An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.
This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year— the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or a T4 fishery licence held by the person is suspended. An appropriate suspension may be— for subsection (1) (a) —suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or for subsection (1) (b) —suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements. (sec.70-ssec.1) This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year— the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or a T4 fishery licence held by the person is suspended. (sec.70-ssec.2) An appropriate suspension may be— for subsection (1) (a) —suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or for subsection (1) (b) —suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.
This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight). An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person. (sec.71-ssec.1) This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight). (sec.71-ssec.2) An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.
A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish. Maximum penalty—20 penalty units. (sec.72-ssec.1) A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (sec.72-ssec.2) A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish. Maximum penalty—20 penalty units.
For section 73 (2) of the Act , the following particulars about each authority issued by the chief executive are prescribed— the category, type and number of the authority; the fishery symbols, if any, written on the authority; the holder’s full name; the holder’s postal address; other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80 (1) (b) of the Act ; third party interests in the authority, if any, notified to the chief executive; for all quota authorities of the same type held by the same person— the person’s name; and the number of quota authorities held by the person; and if conditions have been imposed on any of the quota authorities—the conditions; and if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension; for an M2 licence— the boat mark for the primary boat identified in the licence; and the boat’s hull units, breadth, depth and length; and the boat’s main engine power in maximum continuous brake kW. s 73 amd 2020 SL No. 236 s 82 sch 1 , s 124 sch 2
For section 73 (3) of the Act , the following changes in circumstances are prescribed— a change of the holder’s name; if the holder is an individual—a change of the holder’s residential, business or postal address; if the holder is a corporation— a change of the address of the holder’s registered office; or a change of the address of the holder’s office, if any, in the State; or a person becoming, or ceasing to be, an executive officer of the holder; a change in a third party interest in the authority notified to the chief executive; a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80 (1) (b) of the Act .
For section 70C (1) of the Act , the following types of authorities are prescribed— a licence other than a commercial fisher licence; a quota authority; a resource allocation authority. s 75 amd 2020 SL No. 236 s 72 ; 2021 SL No. 29 s 19
An inspector may hold or have an interest in an authority for— conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or taking or possessing fish for stocking waters; or releasing fish; or taking fish from a prescribed stocked impoundment by using a fishing line; or performing the inspector’s functions. s 76 amd 2021 SL No. 29 s 20
A plan stated in schedule 3 , column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column. A copy of each fish habitat area plan is— available for inspection, free of charge, by arrangement with the chief executive; and published on the department’s website. Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary. A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan— shows what forms the boundary; and is only indicative of the current position of the boundary. (sec.77-ssec.1) A plan stated in schedule 3 , column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column. (sec.77-ssec.2) A copy of each fish habitat area plan is— available for inspection, free of charge, by arrangement with the chief executive; and published on the department’s website. (sec.77-ssec.3) Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary. (sec.77-ssec.4) A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan— shows what forms the boundary; and is only indicative of the current position of the boundary.
Each area mentioned in schedule 3 , column 1 is declared to be a fish habitat area. The fish habitat area— includes— the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and excludes— the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and the area of a channel marked by aids to navigation. Also, land that is not unallocated State land or national park land is included in a fish habitat area only if— the land is within an area mentioned in subsection (2) (a) for the fish habitat area; and the fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area. (sec.78-ssec.1) Each area mentioned in schedule 3 , column 1 is declared to be a fish habitat area. (sec.78-ssec.2) The fish habitat area— includes— the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and excludes— the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and the area of a channel marked by aids to navigation. (sec.78-ssec.3) Also, land that is not unallocated State land or national park land is included in a fish habitat area only if— the land is within an area mentioned in subsection (2) (a) for the fish habitat area; and the fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area.
A declared fish habitat area excludes a cable that— is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and is not in contact with land, water or a part of a plant in the area. an overhead electric line or telecommunication cable Subsection (3) applies if— a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area. The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal. In this section— proposal includes an application. (sec.79-ssec.1) A declared fish habitat area excludes a cable that— is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and is not in contact with land, water or a part of a plant in the area. an overhead electric line or telecommunication cable (sec.79-ssec.2) Subsection (3) applies if— a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area. (sec.79-ssec.3) The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal. (sec.79-ssec.4) In this section— proposal includes an application.
A person must not in a declared fish habitat area take fish for bait by using a digging implement. Maximum penalty—20 penalty units. Subsection (1) does not apply to a person using a hand pump only for taking yabbies. (sec.80-ssec.1) A person must not in a declared fish habitat area take fish for bait by using a digging implement. Maximum penalty—20 penalty units. (sec.80-ssec.2) Subsection (1) does not apply to a person using a hand pump only for taking yabbies.
A person must not do any of the following things in a declared fish habitat area— remove weeds; use a pesticide; carry out biological control of a pest. Maximum penalty—20 penalty units. Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area. Maximum penalty—20 penalty units. However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice. In this section— biological control , of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest. fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’. The code is— available for inspection, free of charge, by arrangement with the chief executive; and published on the department’s website. pest means— prohibited matter or restricted matter under the Biosecurity Act 2014 ; or biosecurity matter under the Biosecurity Act 2014 that is— controlled biosecurity matter under section 124 (1) of that Act; or regulated biosecurity matter under section 128 (1) (a) of that Act; or another pest or disease declared under a law of the State, the Commonwealth or another State. (sec.81-ssec.1) A person must not do any of the following things in a declared fish habitat area— remove weeds; use a pesticide; carry out biological control of a pest. Maximum penalty—20 penalty units. (sec.81-ssec.2) Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area. Maximum penalty—20 penalty units. (sec.81-ssec.3) However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice. (sec.81-ssec.4) In this section— biological control , of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest. fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’. The code is— available for inspection, free of charge, by arrangement with the chief executive; and published on the department’s website. pest means— prohibited matter or restricted matter under the Biosecurity Act 2014 ; or biosecurity matter under the Biosecurity Act 2014 that is— controlled biosecurity matter under section 124 (1) of that Act; or regulated biosecurity matter under section 128 (1) (a) of that Act; or another pest or disease declared under a law of the State, the Commonwealth or another State.
In this part— landing place ... s 82 def landing place om 2020 SL No. 236 s 188 malfunction see section 80 (6) of the Act . relevant authority see section 83 (1) . relevant boat , for a relevant authority, means a boat prescribed for the authority by section 83 (2) . relevant period means the period prescribed by section 85 . vessel tracking standard means the document called ‘Vessel tracking installation and maintenance standard’ published on the department’s website. The vessel tracking standard is also available for inspection, free of charge, by arrangement with the chief executive. working properly see section 80 (6) of the Act .
Section 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority ) that has any of the following symbols written on it— ‘A1’ or ‘A2’ ‘B1’ ‘C1’, ‘C2’ or ‘C3’ ‘D’ ‘J1’ ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ ‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’ ‘M1’ or ‘M2’ ‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’ ‘R’ ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’. For section 80 of the Act , each of the following boats is prescribed for a relevant authority (and under section 80 (1) (b) of the Act is a relevant boat for the authority)— the primary boat for the relevant authority; and each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority. s 83 amd 2019 SL No. 180 s 4 ; 2020 SL No. 236 s 121 ; 2023 SL No. 194 s 37 (sec.83-ssec.1) Section 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority ) that has any of the following symbols written on it— ‘A1’ or ‘A2’ ‘B1’ ‘C1’, ‘C2’ or ‘C3’ ‘D’ ‘J1’ ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ ‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’ ‘M1’ or ‘M2’ ‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’ ‘R’ ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’. (sec.83-ssec.2) For section 80 of the Act , each of the following boats is prescribed for a relevant authority (and under section 80 (1) (b) of the Act is a relevant boat for the authority)— the primary boat for the relevant authority; and each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.
For section 80 (2) (a) of the Act , the way for installing approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.
For section 80 (2) (b) of the Act , each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2) or (3) , is prescribed. If the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority— starts when the fishing operation in which the boat is used starts; and ends when the fishing operation in which the boat is used ends. If the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority. s 85 amd 2019 SL No. 180 s 5 ; 2020 SL No. 236 s 189 (sec.85-ssec.1) For section 80 (2) (b) of the Act , each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2) or (3) , is prescribed. (sec.85-ssec.2) If the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority— starts when the fishing operation in which the boat is used starts; and ends when the fishing operation in which the boat is used ends. (sec.85-ssec.3) If the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority.
This division prescribes, for section 80 (4) of the Act , requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period. The requirements are— if the relevant boat is a boat other than a tender boat— the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and subdivision 3 is complied with; and if the relevant boat is a tender boat— subdivision 4 is complied with. s 86 amd 2019 SL No. 180 s 6 (sec.86-ssec.1) This division prescribes, for section 80 (4) of the Act , requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period. (sec.86-ssec.2) The requirements are— if the relevant boat is a boat other than a tender boat— the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and subdivision 3 is complied with; and if the relevant boat is a tender boat— subdivision 4 is complied with.
In this division— approved way , for giving a notice to the chief executive, means the way— approved by the chief executive; and published on the department’s website.
For this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if— the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting. Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat. (sec.88-ssec.1) For this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if— the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting. (sec.88-ssec.2) Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.
The chief executive or an inspector may give a notice in relation to a relevant boat under this division— orally in person; or by an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2 .
This subdivision applies if the relevant boat is a boat other than a tender boat. s 89A ins 2019 SL No. 180 s 7
The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice ) to the chief executive. The boat communication notice must— be given to the chief executive in the approved way; and state an alternative way (an alternative way of communication ) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat. The alternative way of communication— must not involve the use of vessel tracking equipment; and must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector. a facsimile, mobile phone, radiophone or satellite phone More than 1 alternative way of communication may be stated in a boat communication notice. (sec.90-ssec.1) The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice ) to the chief executive. (sec.90-ssec.2) The boat communication notice must— be given to the chief executive in the approved way; and state an alternative way (an alternative way of communication ) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat. (sec.90-ssec.3) The alternative way of communication— must not involve the use of vessel tracking equipment; and must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector. a facsimile, mobile phone, radiophone or satellite phone (sec.90-ssec.4) More than 1 alternative way of communication may be stated in a boat communication notice.
The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way ) of communication. A notice given to the chief executive under subsection (1) must be given in the approved way. However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice. (sec.91-ssec.1) The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way ) of communication. (sec.91-ssec.2) A notice given to the chief executive under subsection (1) must be given in the approved way. (sec.91-ssec.3) However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.
This subdivision applies if the person in control of a relevant boat, other than a tender boat, being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat. s 92 amd 2019 SL No. 180 s 9
The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive— in the approved way; and at the following intervals— if the boat is being used in the east coast trawl fishery—every hour; otherwise—every 4 hours. The requirement under subsection (1) continues to apply until the earliest of the following happens— the relevant boat is taken to a landing place under section 94 or 95 ; the relevant period ends; the approved vessel tracking equipment stops malfunctioning. (sec.93-ssec.1) The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive— in the approved way; and at the following intervals— if the boat is being used in the east coast trawl fishery—every hour; otherwise—every 4 hours. (sec.93-ssec.2) The requirement under subsection (1) continues to apply until the earliest of the following happens— the relevant boat is taken to a landing place under section 94 or 95 ; the relevant period ends; the approved vessel tracking equipment stops malfunctioning.
This section applies in relation to the relevant boat if— the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary— from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east to latitude 24º13.80' south, longitude 153º33.00' east to latitude 24º42.00' south, longitude 153º16.20' east to latitude 25º06.00' south, longitude 153º12.00' east to latitude 25º18.00' south, longitude 152º43.20' east to latitude 22º10.80' south, longitude 149º48.00' east. The person in control of the relevant boat must— stop the use of fishing apparatus from the boat; and cause the boat to travel to a landing place as soon as practicable. Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required. The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied— the approved vessel tracking equipment is working properly; and it is unnecessary for the relevant boat to be taken to a landing place. (sec.94-ssec.1) This section applies in relation to the relevant boat if— the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary— from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east to latitude 24º13.80' south, longitude 153º33.00' east to latitude 24º42.00' south, longitude 153º16.20' east to latitude 25º06.00' south, longitude 153º12.00' east to latitude 25º18.00' south, longitude 152º43.20' east to latitude 22º10.80' south, longitude 149º48.00' east. (sec.94-ssec.2) The person in control of the relevant boat must— stop the use of fishing apparatus from the boat; and cause the boat to travel to a landing place as soon as practicable. (sec.94-ssec.3) Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required. (sec.94-ssec.4) The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied— the approved vessel tracking equipment is working properly; and it is unnecessary for the relevant boat to be taken to a landing place.
This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat. The person in control of the relevant boat must cause the boat to travel to a landing place within the following period— 5 days; if the chief executive has given the person a notice allowing a longer period—the longer period. Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required. The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied— the approved vessel tracking equipment is working properly; and it is unnecessary for the relevant boat to be taken to a landing place. (sec.95-ssec.1) This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat. (sec.95-ssec.2) The person in control of the relevant boat must cause the boat to travel to a landing place within the following period— 5 days; if the chief executive has given the person a notice allowing a longer period—the longer period. (sec.95-ssec.3) Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required. (sec.95-ssec.4) The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied— the approved vessel tracking equipment is working properly; and it is unnecessary for the relevant boat to be taken to a landing place.
This section applies if the relevant boat is taken to a landing place under section 94 or 95 . The person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly. s 96 amd 2019 SL No. 180 s 10 (sec.96-ssec.1) This section applies if the relevant boat is taken to a landing place under section 94 or 95 . (sec.96-ssec.2) The person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.
This subdivision applies if the person in control of a relevant boat that is a tender boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat. s 96A ins 2019 SL No. 180 s 11
The person in control of the relevant boat must— stop the use of fishing apparatus from the boat; and attach the boat to its primary boat; and ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period. Subsection (1) (c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly. s 96B ins 2019 SL No. 180 s 11 (sec.96B-ssec.1) The person in control of the relevant boat must— stop the use of fishing apparatus from the boat; and attach the boat to its primary boat; and ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period. (sec.96B-ssec.2) Subsection (1) (c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.
For section 89 of the Act , definition commercial quantity , the quantity prescribed for each priority fish is— the number or volume stated opposite the fish in schedule 4 , part 1 ; or if a number is stated opposite the fish in schedule 4 , part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4 , part 1 .
For section 90 (2) of the Act , the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4 , part 2 , column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.
This chapter prescribes information requirements for section 118 of the Act .
In this chapter— relevant authority means— a charter fishing licence; or an authority, other than a primary commercial fishing licence or commercial fisher licence, that authorises the holder of the authority to— take or possess fish for trade or commerce; or use a boat to take or possess fish for trade or commerce. See the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences. s 100 def relevant authority amd 2020 SL No. 236 s 124 sch 2 sub 2020 SL No. 236 s 190 relevant period — for part 2 —see section 101 (b) ; or for part 3 —see section 105 (b) . relevant person , for part 3 , see section 105 (c) .
This part applies if— the chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of a boat under the authority; and the holder is not the person in control of the boat on a day or a number of days (the relevant period ) for which the boat is being used under the authority; and another person is in control of the boat during the relevant period.
The holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the boat during the relevant period by— giving the form personally to the person; or ensuring the form is left on the boat and telling the person where the form has been left.
The person in control of the boat during the relevant period must— keep the approved form for the relevant period; and ensure the approved form is available for immediate inspection during the relevant period. Subsection (1) (b) does not apply if— the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and the relevant period is 24 hours or less. (sec.103-ssec.1) The person in control of the boat during the relevant period must— keep the approved form for the relevant period; and ensure the approved form is available for immediate inspection during the relevant period. (sec.103-ssec.2) Subsection (1) (b) does not apply if— the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and the relevant period is 24 hours or less.
The person in control of the boat during the relevant period must, at the end of the relevant period, give the approved form to the holder of the relevant authority by— giving the form personally to the holder; or ensuring the form is left on the boat and telling the holder where the form has been left.
This part applies if— the chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and the holder is not fishing under the authority on a day or a number of days (the relevant period ); and another person (the relevant person ) is fishing under the authority during the relevant period.
The holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.
The relevant person must— keep the approved form for the relevant period; and ensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.
The relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends.
This part applies if— fisheries resources are sold by a person (the seller ) to another person (the buyer ); and the buyer— is a person engaged in the business of selling fisheries resources by wholesale or retail; and intends to resell any of the fisheries resources for trade or commerce. s 109 sub 2020 SL No. 236 s 191
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Fisheries (General) Regulation 2019 .
This regulation commences on 1 September 2019.
This regulation, the Fisheries (Commercial Fisheries) Regulation 2019 , the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019 — all provide for matters under the Act ; and must be read together. See section 42 of the Act in relation to the relationship between regulations and declarations. This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1) , including, for example— the interpretation of particular references; and the authorisation under, and conditions of, an authority. Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example— the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and See section 29 (4) . the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority. (sec.3-ssec.1) This regulation, the Fisheries (Commercial Fisheries) Regulation 2019 , the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019 — all provide for matters under the Act ; and must be read together. See section 42 of the Act in relation to the relationship between regulations and declarations. (sec.3-ssec.2) This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1) , including, for example— the interpretation of particular references; and the authorisation under, and conditions of, an authority. (sec.3-ssec.3) Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example— the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and See section 29 (4) . the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.
Identifies and maps declared fish habitat areas, lists activities prohibited or restricted in them, and sets accepted development requirements and conditions for resource allocation authorities (e.g. when development may be authorised in fish habitat areas). (See ch.3, sections 60–62, 77–81.)
Sets fees, how they are charged and payable, provides for refunds/waivers, and prescribes assessment fees for resource allocation authority applications. (See sections 137–143 and schedule 6.)
Prescribes enforcement and administrative details: what counts as serious fisheries offences, seizure thresholds, who can be appointed as inspectors, and transitional arrangements for converting older licences and notices into the new scheme. (See sections 129–133 and chapter 7.)
Who this affects
Why it matters (policy effects, incentives and trade‑offs)
It turns high‑level fisheries law into enforceable, operational rules. That centralises many discretionary and technical decisions in the chief executive (who issues licences, allocates quota, waives fees, approves communication methods) — so administration and data quality drive outcomes (see sections 29, 32, 137, 143).
Allocation and issuance formulas rely on historical activity or reported catch (eligibility windows, prescribed years, and calculation formulas in sch.2A–2C). That means benefits are concentrated to participants with verifiable historic records; newcomers face constrained access because many quota types are capped or no longer issued (see sch.2A-sec.13–16, sec.58). The trade‑off is stability for incumbents versus restricted entry and potential asset value creation for quota holders.
Caps and non‑issuance rules (no new T1/T2, SM, certain line or ITQ units after dates) create scarcity, which supports tradable value in existing quota/units but reduces growth options for new entrants (sec.58, 58A–58E).
Vessel tracking and AIVR requirements strengthen monitoring and evidence for compliance (reducing enforcement information asymmetry) but impose direct costs on fishers: equipment purchase/installation, reliable communications, periodic manual reporting where equipment fails, and possible lost fishing time if boats must return to port on malfunction (secs.83–96B, 124–128). Those costs fall on licence-holders.
Detailed recordkeeping (sale dockets, 5‑year retention, processing logs) raises compliance costs for sellers, buyers, carriers and processors but provides traceability and evidentiary certainty for enforcement and food‑safety chains (secs.111–117, 121–122).
The chief executive has significant discretion (deciding authorised tender numbers, allocating unused effort units, accepting substitution/amendment applications), which is efficient administratively but increases regulatory uncertainty and potential for contested decisions (see sec.32, sch.2A-sec.6, sch.2B/sec.8–9). Appeal and information‑notice mechanisms are provided but depend on administrative processes.
Practical risks and implementation points to watch
Key reference points in the text: quota mechanics (sch.2A–2E and secs.26, 58–58E); vessel tracking (secs.82–96B); sale and supply chain records (secs.109–114); AIVR (secs.124–128); fish habitat areas and prohibited activities (ch.3, secs.77–81); fees and waivers (secs.137–143).
The dictionary in schedule 11 defines particular words used in this regulation.
For section 5 (3) (b) of the Act , a relevant protected animal is prescribed not to be a fish. In this section— relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992 , other than each of the following animals— Australian lungfish; largetooth sawfish; Mary River cod; redfish; scalloped hammerhead; silver perch. See also the Nature Conservation (Animals) Regulation 2020 , section 66A . s 4A ins 2024 SL No. 196 s 10 amd 2025 SL No. 42 s 11 (sec.4A-ssec.1) For section 5 (3) (b) of the Act , a relevant protected animal is prescribed not to be a fish. (sec.4A-ssec.2) In this section— relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992 , other than each of the following animals— Australian lungfish; largetooth sawfish; Mary River cod; redfish; scalloped hammerhead; silver perch.
A commercial fisher is a person who holds a commercial fisher licence.
A recreational fisher is a person who is carrying out recreational fishing. A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom. For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip. A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) . However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit. s 6 amd 2024 SL No. 196 s 63 sch 1 (sec.6-ssec.1) A recreational fisher is a person who is carrying out recreational fishing. (sec.6-ssec.2) A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom. (sec.6-ssec.3) For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip. (sec.6-ssec.4) A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) . (sec.6-ssec.5) However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.
Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus. Recreational fishing apparatus is— a spear or spear gun; or any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration— a canister trap; a cast net; a collapsible trap; a crab pot; a dilly; a fishing line; a fork; a funnel trap; a hand pump; a lobster loop; a pyramid trap; a round trap; a scoop net; a seine net. (sec.7-ssec.1) Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus. (sec.7-ssec.2) Recreational fishing apparatus is— a spear or spear gun; or any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration— a canister trap; a cast net; a collapsible trap; a crab pot; a dilly; a fishing line; a fork; a funnel trap; a hand pump; a lobster loop; a pyramid trap; a round trap; a scoop net; a seine net.
This section prescribes the meaning of stowed and secured for section 77A (4) of the Act and other legislation mentioned in section 3 (1) . A thing is stowed and secured if it is stowed inboard a boat. (sec.8-ssec.1) This section prescribes the meaning of stowed and secured for section 77A (4) of the Act and other legislation mentioned in section 3 (1) . (sec.8-ssec.2) A thing is stowed and secured if it is stowed inboard a boat.
Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019 , chapter 2 . A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019 . Subsection (2) applies whether or not the reference includes the term ‘regulated waters’. (sec.9-ssec.1) Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019 , chapter 2 . (sec.9-ssec.2) A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019 . (sec.9-ssec.3) Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.
Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 . A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019 . Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’. (sec.10-ssec.1) Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 . (sec.10-ssec.2) A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019 . (sec.10-ssec.3) Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.
A reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act . A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act . A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act .
A reference to a fishery symbol followed by the term ‘licence’ is a reference to a primary commercial fishing licence on which the fishery symbol is written. A reference to a C2 licence is a reference to a primary commercial fishing licence on which the fishery symbol ‘C2’ is written. s 12 sub 2020 SL No. 236 s 116
A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence. A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce i
This is an opening excerpt, not the complete document.