Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Fisheries Management Act 2007. 3—Interpretation (1) In this Act, unless the contrary intention appears— Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent; aboriginal traditional fishing means fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant aboriginal custom; aboriginal traditional fishing management plan—see section 60; Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; advisory committee means an advisory committee established under section 20; aquaculture has the same meaning as in the Aquaculture Act 2001; aquaculture fish means fish farmed under an aquaculture licence; aquaculture licence has the same meaning as in the Aquaculture Act 2001; aquatic animal means an aquatic animal of any species, and includes the reproductive products and body parts of an aquatic animal; aquatic mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea); aquatic plant means an aquatic plant of any species, and includes the reproductive products and parts of an aquatic plant; aquatic reserve means any waters, or land and waters, declared by proclamation to constitute an aquatic reserve; aquatic resource means fish or aquatic plants; aquatic resources of the State means aquatic resources of the waters to which this Act applies but does not include aquatic resources being farmed under an aquaculture licence; arrangement means— (a) an arrangement made by the State with the Commonwealth under Part 4 Division 1 (whether or not it is also made with another State or other States); or (b) an agreement made by the State with 1 or more other States under Part 4 Division 3; Australian fishing zone means the Australian fishing zone as defined in the Commonwealth Act; authorised person means a fisheries officer, scientific observer or sea ranger; authority means a licence, permit, registration, authorisation or other authority under this Act; boat means a vessel or craft that is used, or is capable of being used, as a means of transportation on water; coastal waters has the same meaning as in the Commonwealth Act; commercial fishing means fishing for a commercial purpose; commercial purpose means the purpose of trade or business; commercial quantity means a quantity declared by the regulations to be a commercial quantity for the purposes of this Act; Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth; Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister performing and exercising functions and powers under section 60 of the Commonwealth Act; condition includes a limitation; contravene includes not comply with; corresponding law means a law of the Commonwealth or another State or a Territory of the Commonwealth declared by the regulations to be a law corresponding to this Act; council has the same meaning as in the Local Government Act 1999; developmental fishery means a fishery declared by the regulations to be a developmental fishery for the purposes of this Act; device means an implement, apparatus, device or substance for taking or facilitating the taking of an aquatic resource; director of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act; Director of Fisheries or Director means the person for the time being holding or acting in the office of the Director of Fisheries under Part 3 Division 1; ecologically sustainable development—see section 7(5); entitlement under a fishery authority means— (a) a gear entitlement; or (b) a quota entitlement; or (c) an entitlement of a prescribed kind; ERD Court means the Environment, Resources and Development Court; exemption means an exemption granted under this Act; exotic aquatic organism means fish or an aquatic plant of a species that is not endemic to the waters to which this Act applies; and exotic fish and exotic aquatic plant have corresponding meanings; fish means an aquatic animal other than— (a) an aquatic bird, an aquatic mammal, a reptile or an amphibian; or (b) an aquatic animal of a kind declared by the regulations to be excluded from the ambit of this definition; fisheries officer means— (a) the Director; or (b) a police officer; or (c) a person appointed as a fisheries officer under section 80; fishery— (a) in Part 4—means a class of fishing activities identified in an arrangement under that Part as a fishery to which the arrangement applies; (b) in any other case—means a class of fishing activities declared by the regulations to constitute a fishery for the purposes of this Act (other than Part 4); fishery authority means a fishery licence or fishery permit; fishery licence means a licence in respect of a fishery under Part 6 Division 1; fishery permit means a permit in respect of a fishery under Part 6 Division 1; fishing activity or fishing means the act of taking an aquatic resource, or an act preparatory to, or involved in, the taking of an aquatic resource; fish of a priority species means— (a) abalone (Haliotis spp.) of all species; or (b) southern rock lobster (Jasus edwardsii); or (c) a species of fish declared by the regulations to be a priority species for the purposes of this Act; fish processor means a person who, for a commercial purpose, processes, stores, transports or deals with fish or other aquatic resources; foreign boat has the same meaning as in the Commonwealth Act; Fund means the Fisheries Research and Development Fund continued in existence under section 21; gear entitlement under a fishery authority means the maximum number of devices of a particular kind that the holder of the authority may lawfully use at any 1 time for the purpose of taking fish pursuant to the authority; indigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth; Joint Authority means a Joint Authority established under section 61 of the Commonwealth Act of which the Minister is a member; Joint Authority Fishery means a fishery in respect of which there is in force an arrangement under Part 4 Division 2 under which the fishery is to be under the management of a Joint Authority; management plan means a management plan under Part 5; native title group means a native title group under section 24CD of the Native Title Act 1993 of the Commonwealth; noxious, in relation to an aquatic resource, means a species of aquatic resource declared by the Minister by notice in the Gazette to be a noxious species for the purposes of this Act; plant includes alga; prescribed apparatus means apparatus of a kind prescribed by the regulations for the purpose of counting, grading, weighing or sizing fish; prescribed procedure means a procedure prescribed by the regulations for determining the weight of a fish catch; processing— (a) in relation to fish—means scaling, gilling, gutting, filleting, freezing, chilling, packing or any other activity involved in preparing fish for sale; (b) in relation to any other aquatic resource—means any activity involved in preparing the resource for sale; protected species means a species of aquatic resource declared by the regulations to be a protected species for the purposes of this Act; public authority includes a Minister, statutory authority or council; purchase means— (a) purchase or take in exchange; or (b) agree or offer to purchase or take in exchange; or (c) receive, or accept or take delivery, under an agreement to purchase or take in exchange; or (d) cause, suffer or permit an act referred to in a preceding paragraph; quota entitlement under a fishery authority means the total quantity of aquatic resource of a particular class that may be taken under the authority during a quota period; quota period means the period during which a total allowable catch or total allowable commercial catch may be taken; recreational fishing means fishing other than commercial fishing or aboriginal traditional fishing; registered boat— (a) means a boat registered under Part 6 Division 1 for use under a fishery authority; and (b) includes a boat used in the place of a boat referred to in paragraph (a) with the consent of the Minister and in accordance with the conditions (if any) of that consent; registered fish processor means a person who is registered as a fish processor under Part 6 Division 3; registered master— (a) means a person registered under Part 6 Division 1 as master of a boat that may be used under a fishery authority; and (b) includes a person acting in the place of a person referred to in paragraph (a) with the consent of the Minister and in accordance with the conditions (if any) of that consent; registered owner— (a) in relation to a registered boat—means, subject to paragraph (b), the holder of the fishery authority under which the registered boat may be used; or (b) in relation to a boat being used by the holder of a fishery authority under this Act in place of a boat registered under Part 6 Division 1—means the holder of that authority; register of authorities—see section 116(1)(a); register of exemptions—see section 116(1)(b); relevant Act means— (a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or (b) in relation to a marine park—the Marine Parks Act 2007; or (c) in relation to the River Murray—the River Murray Act 2003; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) in relation to the River Murray—the Minister to whom the administration of the River Murray Act 2003 is committed; repealed Act means the Fisheries Act 1982; River Murray has the same meaning as in the River Murray Act 2003; scientific observer means a person appointed as a scientific observer under section 80; sea ranger means a person appointed as a sea ranger under section 80; sell means— (a) sell or give in exchange; or (b) agree or offer to sell or give in exchange; or (c) have in possession or control, expose, store, consign or deliver for sale or exchange; or (d) cause, suffer or permit an act referred to in a preceding paragraph; specially protected area means— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) the River Murray; species includes a subspecies or variety; State includes a Territory; take, in relation to an aquatic resource, means catch, take or obtain the resource (whether dead or alive) from any waters or kill or destroy the resource in any waters; total allowable catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period; total allowable commercial catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period for a commercial purpose; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; waters means— (a) any sea or inland waters (including any body of water or watercourse of any kind whether occurring naturally or artificially created); and (b) the bed of such waters. (2) A class of fishing activities may be defined in an instrument under this Act by reference to all or any of the following factors: (a) a species of aquatic resource; (b) a description of aquatic resource by reference to sex, size, weight or any other characteristic; (c) a number or quantity of aquatic resource; (d) a period of time; (e) an area of waters or a place; (f) a method of fishing; (g) a class or number of boats; (h) a class of persons; (i) a purpose of activities; (j) any other factor. (3) In this Act— (a) a reference to engaging in a fishing activity of a class is to be construed as a reference to doing an act that falls within the defined class and as including a reference to— (i) using a device for the purpose of the activity; or (ii) using a boat for the purpose of the activity; or (iii) being in charge of, or acting as a member of the crew of, a boat that is being used for the purpose of the activity; or (iv) diving in waters for the purpose of the activity; or (v) causing, assisting, suffering or permitting a person to do an act referred to in this section; (b) a reference to waters includes a reference to the intertidal and supra tidal zones of waters; (c) a reference to the waters of a fishery is a reference to the waters in relation to which the fishery is constituted. (4) For the purposes of this Act, an aquatic resource will not be regarded as having been taken if it is taken but immediately returned to the water unencumbered in any way and with as little injury or damage as possible. 4—Declaration of aquatic reserves (1) The Governor may, by proclamation— (a) declare that waters, or land and waters, specified in the proclamation, constitute an aquatic reserve; and (b) assign a name to the aquatic reserve so constituted. (2) Land cannot form part of an aquatic reserve unless the land has been placed under the care, control and management of the Minister. (3) The Governor may, by subsequent proclamation— (a) abolish an aquatic reserve; or (b) alter the boundaries of an aquatic reserve; or (c) alter the name of an aquatic reserve. 5—Application of Act (1) Subject to any limitations expressly prescribed in this Act, this Act applies— (a) in relation to all waters that are within the limits of the State; and (b) except for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth under an arrangement under Part 4 Division 2 or purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone; and (c) for purposes relating to a fishery that is to be managed in accordance with the law of the State under an arrangement under Part 4 Division 2—in relation to any waters to which the legislative powers of the State extend, with respect to that fishery, whether under section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and (d) for purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat (other than recreational fishing activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act)—in relation to any waters to which the legislative powers of the State extend with respect to such activities. (2) This Act does not apply in relation to an activity (other than the taking of aquatic resources for a commercial purpose or the introduction of exotic aquatic organisms or disease in aquatic resources) engaged in relation to inland waters if those waters are surrounded by land that is in the ownership, possession or control of the same person (being a person other than the Crown or an instrumentality of the Crown). (3) Native title and native title rights and interests are not affected by the operation of this Act except to the extent authorised under the Native Title Act 1993 of the Commonwealth. 5A—Licence or other right is not personal property for the purposes of Commonwealth Act An authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. 6—Ownership of aquatic resources of State (1) The Crown in right of the State owns all aquatic resources (whether living or dead) of the State. (2) Property in aquatic resources of the State passes— (a) to the holder of a licence, permit or other authority granted under this Act when taken in accordance with that licence, permit or other authority; or (b) to any other person when taken lawfully in circumstances in which no licence, permit or other authority is required under this Act for the taking.