Sch 1Transitional provisions

Schedule 1—Transitional provisions Part 2—Transitional provisions 2—Minister The body corporate constituted of the Minister under this Act is the same as the body corporate constituted of the Minister under the repealed Act. 3—Commonwealth-State arrangements An arrangement under Part 2 Division 3 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be an arrangement under Part 4 Division 2 of this Act. 4—Fisheries officers A person appointed and holding office as a fisheries officer under the repealed Act immediately before the commencement of this clause, will on that commencement, be taken to be a fisheries officer appointed under this Act and any condition applying to the appointment of the officer under the repealed Act will be taken to continue to apply to the appointment under this Act. 5—Fisheries and fishery licences (1) A fishery constituted under the repealed Act in existence immediately before the commencement of this clause will, on that commencement, be taken to be a fishery constituted under this Act and any regulations prescribing a scheme of management for the fishery under the repealed Act in force immediately before that commencement will, on that commencement, continue in force as if they were regulations for the management of the fishery made under this Act. (2) A fishery licence issued under section 34(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a fishery licence issued under section 52 of this Act and— (a) any conditions to which the licence was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the licence under this Act as if they had been imposed under this Act; and (b) a boat registered by endorsement of the licence under the repealed Act immediately before that commencement will be taken to be registered for use under the licence under this Act; and (c) a person registered as a master by endorsement of the licence under the repealed Act immediately before that commencement will be taken to be registered as a master of a boat that may be used under the licence under this Act; and (d) a device registered for use pursuant to the licence under the repealed Act immediately before that commencement will be taken to be registered for use pursuant to the licence under this Act. (3) A consent under section 34(2) of the repealed Act in force immediately before that commencement will be taken to continue in force as a consent under section 53(1) of this Act and any conditions that applied to the consent under the repealed Act immediately before that commencement will be taken to continue to apply to the consent under this Act. 6—Fish processor registrations A person registered as a fish processor under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be registered as a fish processor under this Act and any restrictions, limitations or conditions that applied to the registration of the person under the repealed Act immediately before that commencement will be taken to continue to apply to the registration of the person under this Act as if they had been imposed under this Act. 7—Temporary prohibitions of fishing activities (1) A declaration under section 43(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were a declaration under section 79(1) of this Act. (2) A direction under section 43(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were a direction under section 79(6) of this Act. (3) An authorisation under section 43(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were an authorisation under section 79(6) of this Act. 8—Aquatic reserves and marine parks (1) Any waters, or land and waters, constituting an aquatic reserve under section 47 of the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to constitute an aquatic reserve under section 4 of this Act. (2) Any waters, or land and waters, constituting a marine park under section 48 of the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to constitute an aquatic reserve under section 4 of this Act. 9—Permits (1) A permit issued under section 48G(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 76 of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act. (2) A permit issued under section 48G(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 77 of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act. (3) A permit issued under section 49 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 78(1) of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act. (4) A permit issued under section 50 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 78(2) of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act. 10—Exemptions An exemption under section 59 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be an exemption under section 115 of this Act and any conditions to which the exemption was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the exemption under this Act as if they had been imposed under this Act. 11—Register of authorities The register of authorities maintained under the repealed Act continues in existence as the register of authorities under this Act. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Fisheries Management Act 2007 repealed the following: Fisheries Act 1982 Fisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987 Legislation amended by principal Act The Fisheries Management Act 2007 amended the following: Aquaculture Act 2001 Criminal Assets Confiscation Act 2005 Criminal Law (Undercover Operations) Act 1995 Harbors and Navigation Act 1993 Livestock Act 1997 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Fisheries Management Act 2007 8.3.2007 1.9.2007 (Gazette 9.8.2007 p3298) except ss 6, 21—39, 51—59, 62—102, 110—116, Sch 1 (cll 1, 3—11) and Sch 2—1.12.2007 (Gazette 15.11.2007 p4241) and except ss 103—109—8.3.2009 (s 7(5) Acts Interpretation Act 1915) Marine Parks Act 2007 29.11.2007 Sch 1 (cll 18—23)—6.11.2008 (Gazette 6.11.2008 p5055) Statutes Amendment (Personal Property Securities) Act 2011 14.4.2011 Pt 9 (s 29)—16.6.2011 (Gazette 16.6.2011 p2610) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 20 (ss 40 & 41)—17.6.2013 (Gazette 6.6.2013 p2498) Statutes Amendment (Fines Enforcement and Recovery) Act 2013 1.8.2013 Pt 7 (ss 33 & 34)—3.2.2014 (Gazette 30.1.2014 p422) Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 14 (s 84(1)—(3))—18.6.2015: s 2(2); ss 75—83 & 84(4)—1.7.2015 (Gazette 25.6.2015 p3076) Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 12 (s 44)—19.3.2021 (Gazette 4.3.2021 p823) Statutes Amendment and Repeal (Simplify) Act 2017 Pt 12 (ss 55—62)—15.3.2017: s 2(1) Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 17 (ss 86 to 91)—14.12.2017 (Gazette 12.12.2017 p4960) Statutes Amendment and Repeal (Simplify) Act 2019 Pt 18 (ss 33 to 40)—3.10.2019: s 2(1) Biosecurity Act 2025 13.2.2025 Sch 6 (cll 2 to 5)—uncommenced Biodiversity Act 2025 26.6.2025 Sch 5 (cll 26 to 29)—uncommenced Fisheries Management (Cuttlefish—Northern Spencer Gulf) Amendment Act 2025 4.12.2025 22.12.2025 (Gazette 18.12.2025 p4961) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 amended by 5/2025 Sch 6 cl 2 Pt 1 s 2 s 3 s 3(1) Fisheries Council or Council deleted by 8/2015 s 75 Minister for the Adelaide Dolphin Sanctuary deleted by 60/2007 Sch 1 cl 18(1) Minister for the River Murray deleted by 60/2007 Sch 1 cl 18(2) relevant Act inserted by 60/2007 Sch 1 cl 18(3) relevant Minister inserted by 60/2007 Sch 1 cl 18(3) amended by 29/2025 Sch 5 cl 26(1) specially protected area inserted by 60/2007 Sch 1 cl 18(4) threatened fish inserted by 29/2025 Sch 5 cl 26(2) Tribunal inserted by 51/2017 s 86 s 5A inserted by 11/2011 s 29 Pt 2 s 7 s 7(4) amended by 60/2007 Sch 1 cl 19 amended by 8/2015 s 76 Pt 3 Pt 3 Div 1 s 10 s 10(1) substituted by 8/2015 s 77 Pt 3 Div 2 deleted by 8/2015 s 78 Pt 3 Div 3 s 20 s 20(1) and (2) substituted by 8/2015 s 79(1) s 20(3) deleted by 8/2015 s 79(1) s 20(6) deleted by 8/2015 s 79(2) Pt 3 Div 4 s 21 s 21(3) amended by 7/2017 s 55(1) s 21(5) amended by 7/2017 s 55(2) Pt 5 s 42 amended by 8/2015 s 80 s 43 s 43(1) amended by 8/2015 s 81(1) amended by 5/2017 s 44 19.3.2021 s 43(3) amended by 8/2015 s 81(2) s 44 s 44(1) amended by 8/2015 s 82(1) amended by 25/2019 s 33 s 44(2) amended by 8/2015 s 82(1) s 44(3) amended by 8/2015 s 82(1), (3), (4) (a)(i) deleted by 8/2015 s 82(2) amended by 7/2017 s 56(1) s 44(4) substituted by 8/2015 s 82(5) s 44(5) substituted by 8/2015 s 82(5) amended by 7/2017 s 56(2) s 44(6) amended by 8/2015 s 82(6) s 44(7) substituted by 8/2015 s 82(7) s 44(8) deleted by 8/2015 s 82(7) s 44(12) amended by 8/2015 s 82(8) s 49 s 49(1) and (2) amended by 8/2015 s 83(1) s 49(3) and (4) substituted by 8/2015 s 83(2) Pt 6 Pt 6 Div 1 s 54 s 54(1) amended by 25/2019 s 34(1), (2) s 54(4) amended by 25/2019 s 34(3) s 54(8) substituted by 60/2007 Sch 1 cl 20 amended by 29/2025 Sch 5 cl 27 s 56 s 56(7a) and (7b) inserted by 7/2017 s 57 s 57 s 57(3) amended by 25/2019 s 35(1), (2) Pt 6 Div 3 s 64 s 64(1) amended by 25/2019 s 36(1), (2) s 64(4) amended by 25/2019 s 36(3) Pt 6 Div 4 s 68 amended by 25/2019 s 37 Pt 7 Pt 7 Div 1 s 71 s 71(4) inserted by 16/2013 s 40 s 72 s 72(7) and (8) inserted by 7/2017 s 58 s 74 s 74(2) substituted by 7/2017 s 59 s 74(3) inserted by 7/2017 s 59 s 75A inserted by 74/2025 s 3 22.12.2025 Pt 7 Div 2 s 78 s 78(1) substituted by 7/2017 s 60 s 78(3) substituted by 60/2007 Sch 1 cl 21 amended by 29/2025 Sch 5 cl 28 s 78(4) deleted by 60/2007 Sch 1 cl 21 s 78(4) inserted by 5/2025 Sch 6 cl 3 Pt 7 Div 3 s 79 s 79(3) substituted by 60/2007 Sch 1 cl 22 s 79(4) deleted by 60/2007 Sch 1 cl 22 Pt 7 Div 4 s 79A inserted by 7/2017 s 61 Pt 8 s 83 deleted by 5/2025 Sch 6 cl 4 s 104 s 104(2) and (3) deleted by 31/2013 s 33 s 104(6a) inserted by 25/2019 s 38 s 108 s 108(5) amended by 31/2013 s 34 Pt 9 Div 1 s 111 s 111(1) amended by 51/2017 s 87 Pt 9 Div 2 heading substituted by 51/2017 s 88 s 112 substituted by 51/2017 s 89 Pt 10 s 115 s 115(2) substituted by 60/2007 Sch 1 cl 23 amended by 29/2025 Sch 5 cl 29 s 115(3) deleted by 60/2007 Sch 1 cl 23 s 116 s 116(5) amended by 25/2019 s 39(1) s 116(9) amended by 25/2019 s 39(2) s 120 s 120(1) substituted by 16/2013 s 41(1) s 120(1a) and (1b) inserted by 16/2013 s 41(1) s 120(5) and (6) inserted by 16/2013 s 41(2) s 124 s 124(1) amended by 7/2017 s 62(1) s 124(4) amended by 51/2017 s 90 s 124(5) inserted by 7/2017 s 62(2) s 127 s 127(2) (c) and (d) deleted by 25/2019 s 40(1) s 127(2a) inserted by 25/2019 s 40(2) s 127(4) amended by 25/2019 s 40(3) s 130 deleted by 5/2025 Sch 6 cl 5 Sch 1 cl 1 Sch 2 Transitional etc provisions associated with Act or amendments Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 84—Transitional provisions (1) In this section— Minister means the Minister responsible for the administration of the Fisheries Management Act 2007. (2) The Fisheries Council of South Australia must, before a day fixed by the Minister for the purposes of this subsection (if any), prepare and submit to the Minister a report on the operations of the Council during a period determined by the Minister. (3) The Minister must, within 12 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament. (4) A member of the Fisheries Council of South Australia ceases to hold office on the commencement of this subsection. Statutes Amendment (SACAT No 2) Act 2017 91—Transitional provisions (1) A right of appeal to the Administrative and Disciplinary Division of the District Court under section 112 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal. (2) Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day. principal Act means the Fisheries Management Act 2007; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Historical versions 8.3.2009 19.3.2021