Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011

Queensland Fisheries Act 1994 Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 Reprinted as in force on 16 September 2011 Warning—this document has been released in unauthorised electronic form only Reprint No. 0A NOTE—This is the last reprint before repeal Repealed by 2011 SL No. 198 s 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This declaration is reprinted as at 16 September 2011. This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Emergency disease and quarantine declaration and nature of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Disease declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Declared quarantine area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Nature of quarantine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Restriction on taking or possessing fish . . . . . . . . . . . . . . . . . . . . 5 8 Restriction on using fishing apparatus . . . . . . . . . . . . . . . . . . . . . 6 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8

Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 [s 1] Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 [reprinted as in force on 16 September 2011] 1 Short title This declaration may be cited as the Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 . Note — Under section 96(5) of the Act, the declaration expires 3 months after it is gazetted, unless it is sooner repealed. 2 Definitions In this declaration— approved person means a person approved by the chief executive. declared quarantine area see section 5. land , a fish, includes— (a) land the fish from a boat or in another way; and (b) bring the fish ashore; and (c) tranship the fish. potentially affected fish means fish that are, or may be or become, affected by the relevant declared disease. relevant declared disease means a disease in fish evidenced by relevant symptoms that have been noticed in particular fish in the declared quarantine area. relevant symptoms includes blindness, blisters, bulging, cloudy or red eyes, rashes and open lesions. Reprint 0A effective 16 September 2011 Page 3

Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 [s 3] 3 Emergency disease and quarantine declaration and nature of emergency (1) This declaration is an emergency disease and quarantine declaration under section 96(1) of the Act. (2) The nature of the emergency is that urgent action is needed to meet— (a) a significant threat to fisheries resources because of the presence or suspected presence of the relevant declared disease; and (b) a significant threat of illness to— (i) persons taking potentially affected fish; and Example — a person sustaining an abrasion from contact with potentially affected fish and the abrasion becoming infected (ii) persons eating potentially affected fish. 4 Disease declaration For section 96(1) of the Act, the relevant declared disease is declared as a disease. 5 Declared quarantine area For section 96(1) of the Act, the following area (the declared quarantine area ) is declared as a quarantine area— (a) the area bounded by a line— • from Division Point on Curtis Island to the northernmost point on the southern bank of Deception Creek at the northern end of The Narrows • then south along the shore to Richards Point on Rodds Peninsula • then directly to North Point Facing Island Page 4 Reprint 0A effective 16 September 2011

Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 [s 6] • then directly to the northern end of South End jetty on Curtis Island • then along the southern and western foreshores of Curtis lsland to Division Point; (b) all waterways subject to tidal influence flowing into the area mentioned in paragraph (a). 6 Nature of quarantine The quarantine is to manage and control the relevant declared disease by restricting— (a) the taking of fish in the declared quarantine area; and (b) the possession of fish taken in the declared quarantine area; and (c) the landing of live fish in the declared quarantine area; and (d) the use of fishing apparatus in the declared quarantine area. 7 Restriction on taking or possessing fish (1) A person, other than an approved person, must not— (a) take fish in the declared quarantine area; or (b) possess fish taken in the declared quarantine area; or (c) land live fish, wherever taken, in the declared quarantine area. (2) However, subsection (1) does not apply to a person— (a) taking a shark under a shark control program in the declared quarantine area; or (b) possessing a shark that has been taken under a shark control program in the declared quarantine area; or (c) landing a live crab in the declared quarantine area, if the crab has been taken outside the area. Reprint 0A effective 16 September 2011 Page 5

Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 [s 8] 8 Restriction on using fishing apparatus (1) A person, other than an approved person, must not use fishing apparatus in the declared quarantine area. (2) However, subsection (1) does not apply to a person using fishing apparatus to take a shark under a shark control program in the declared quarantine area. Page 6 Reprint 0A effective 16 September 2011

Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 0A effective 16 September 2011 Page 7

Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 0A Amendments included none Effective 16 September 2011 Notes 5 List of legislation Fisheries (Gladstone Harbour and Surrounding Waters) Emergency Disease and Quarantine Declaration 2011 SL No. 184 made by the chief executive 16 September 2011 notfd gaz 16 September 2011 pp 143–4 commenced on date of notification exp 16 December 2011 (see 1994 No. 37 s 96(5)) Note—An explanatory note was prepared. © State of Queensland 2011 Page 8 Reprint 0A effective 16 September 2011