Fisheries Act 1994

Queensland Fisheries Act 1994 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . The point-in-time date for this indicative reprint is the introduction date for the Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018—4 September 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.

© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.

Not authorised —indicative only Queensland Fisheries Act 1994 Contents Part 1 Division 1 1 2 Division 2 3 3A Division 3 Subdivision 1 4 Subdivision 2 5 7 8 Division 4 10 11 12 13 14 Part 2 Division 1 Subdivision 1 15 Subdivision 2 16 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Objectives Particular purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 How particular purposes are to be primarily achieved . . . . . . . . 15 Interpretation Dictionary Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Key definitions Meaning of fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Meaning of fishery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Meaning of marine plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 General application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 When Act does not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Exemptions from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Defence for Aborigines and Torres Strait Islanders for particular offences 21 Functions of Minister Harvest strategies Preliminary Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Harvest strategy Approval of harvest strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Fisheries Act 1994 Contents Not authorised —indicative only 17 18 19 Subdivision 3 20 21 22 Subdivision 4 23 24 Subdivision 5 25 26 Division 2 27 28 Division 3 29 Part 3 30 31 Part 4 32 Part 5 Division 1 Subdivision 1 33 34 35 36 Subdivision 2 37 Subdivision 3 38 39 40 Page 2 Preparation and notice of draft harvest strategy . . . . . . . . . . . . . Preparation and submission of final harvest strategy . . . . . . . . . Content of harvest strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of harvest strategy Amendment of harvest strategy . . . . . . . . . . . . . . . . . . . . . . . . . Preparation and notice of draft amendment . . . . . . . . . . . . . . . . Preparation and submission of final amendment . . . . . . . . . . . . Implementation of harvest strategy Action under Act must be consistent with harvest strategy . . . . . Ministerial direction about action inconsistent with harvest strategy Reviews relating to harvest strategy Assessment of performance of fishery . . . . . . . . . . . . . . . . . . . . Review of harvest strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resource reallocation Reallocation decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive to implement reallocation decision . . . . . . . . . . . Ministerial advisory bodies Minister may establish advisory bodies . . . . . . . . . . . . . . . . . . . . Shark control program Management of shark control program . . . . . . . . . . . . . . . . . . . . Exclusion zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accepted development requirements Accepted development requirements for Planning Act . . . . . . . . Fisheries management Chief executive declarations Fisheries declarations Power to make declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulated fish declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulated waters declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . Other fisheries declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quota declarations Quota declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other declarations Urgent declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorising declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making urgent declaration or authorising declaration . . . . . . . . . 24 25 25 26 27 28 29 29 30 30 31 32 33 33 33 34 35 35 36 36 36 37 37 38

Fisheries Act 1994 Contents Not authorised —indicative only 41 Duration of urgent declaration or authorising declaration . . . . . . 39 Subdivision 4 Relationships between regulations and declarations 42 Relationships between regulations and declarations . . . . . . . . . 39 Division 2 Compensation for particular regulatory amendment Subdivision 1 Right to compensation in particular circumstances 43 Right to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 44 Limits to compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . 41 45 No general right to compensation . . . . . . . . . . . . . . . . . . . . . . . . 42 Subdivision 2 Claiming and payment of compensation 46 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 47 Requirements for making claim . . . . . . . . . . . . . . . . . . . . . . . . . . 42 48 Chief executive may require claimant to give further information 43 48A Deciding claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 48B Chief executive may obtain information or evidence from other persons 44 48C Amount of compensation that may be decided . . . . . . . . . . . . . . 45 48D Restriction on payment if someone other than the claimant has a registered interest in the eligible authority . . . . . . . . . . . . . . . . . . 46 Division 3 Authorities issued under Act Subdivision 1 General 49 Authorities that may be issued . . . . . . . . . . . . . . . . . . . . . . . . . . 46 52 Things authorised by authorities . . . . . . . . . . . . . . . . . . . . . . . . . 47 53 Form, content and term of authorities . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 2 Issue and renewal 54 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 55 Consideration of application for issue of authority . . . . . . . . . . . . 48 56 Application for renewal of authority (other than permit) . . . . . . . . 48 57 Permit not renewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 58 Consideration of application for renewal of authority (other than permit) 49 59 Refusal to issue or renew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 60 Notice of refusal of application for issue or renewal etc. . . . . . . . 51 Subdivision 2A Additional requirements for deciding applications for resource allocation authorities 60A Matters chief executive must consider . . . . . . . . . . . . . . . . . . . . 51 Subdivision 3 Conditions 61 Conditions imposed on issue or renewal—general . . . . . . . . . . . 52 Page 3

Fisheries Act 1994 Contents Not authorised —indicative only 62 Conditions imposed by regulation . . . . . . . . . . . . . . . . . . . . . . . . 53 Subdivision 4 Amendment 63 Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 64 Notice to return authority for alteration after amendment . . . . . . 54 Subdivision 5 Transfer 65 Transfer of authority (other than permit) . . . . . . . . . . . . . . . . . . . 55 65A Application to register transfer of authority . . . . . . . . . . . . . . . . . 55 65B Registration of transfer of authority . . . . . . . . . . . . . . . . . . . . . . . 56 65BA Internet system for transfer registration applications . . . . . . . . . . 57 65C Temporary transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 65D Effect of temporary transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 65E Waiver of fee or requirement on transfer or amendment . . . . . . 59 66 Permits not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Subdivision 6 Suspension and cancellation 67 Suspension or cancellation of authority by chief executive . . . . . 61 68 Procedure for cancellation or suspension by chief executive . . . 61 68A Suspension or cancellation of authority for dishonoured payment 62 68AB Suspension or cancellation for non-payment of fee other than because of dishonoured cheque . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 68AC Suspension of quota entitlement for investigation . . . . . . . . . . . . 64 68B Suspension or cancellation of authority by court . . . . . . . . . . . . . 66 68C Effect of suspension on entitlement . . . . . . . . . . . . . . . . . . . . . . 67 69 Effect of suspension on renewal . . . . . . . . . . . . . . . . . . . . . . . . . 67 69A Effect of suspension on issue or transfer of another authority . . 67 69B Further fees continue to be payable despite suspension . . . . . . 68 70 Authority to be returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Subdivision 6A Death of authority holder 70A Application of sdiv 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 70B General effect of death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 70C Continuance of particular authorities . . . . . . . . . . . . . . . . . . . . . . 69 70D Provisions for changeover to personal representative . . . . . . . . 70 Subdivision 7 Replacement and surrender 71 Replacement of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 72 Surrender of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Subdivision 8 Registers and certificates 73 Registers of authorities and fisheries development approvals . . 71 Page 4

Not authorised —indicative only Fisheries Act 1994 Contents 74 Subdivision 9 75 76 Division 3A Subdivision 1 76A 76C Subdivision 3 76E 76F Subdivision 4 76H 76IA Subdivision 6 76S 76T 76U 76V Division 4 Subdivision 1 77 77A 78 79 79A 80 81 82 83 87 88 Certificates about authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Offences about authorities and registers False representations about authorities . . . . . . . . . . . . . . . . . . . 72 Offences about registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Fisheries development approvals Particular fisheries development also requires a resource allocation authority Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Nature of fisheries development approval for which resource allocation authority required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Fish movement exemption notices Application for fish movement exemption notice . . . . . . . . . . . . . 74 Deciding application for fish movement exemption notice . . . . . 75 Environmental offset conditions on fisheries development approvals Relationship between sdiv 4 and Planning Act . . . . . . . . . . . . . . 76 Environmental offset conditions . . . . . . . . . . . . . . . . . . . . . . . . . 76 Provisions about development offences Purpose of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Penalties for carrying out assessable development without permit 77 Penalties for noncompliance with particular development approvals 77 Additional requirement for development carried out in emergency 78 Fisheries offences Fisheries management generally Contravention of particular fisheries declarations . . . . . . . . . . . . 78 Exemptions for contravention of regulated fishing apparatus declaration 79 Prohibited acts about regulated fish . . . . . . . . . . . . . . . . . . . . . . 80 Quota offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Contravening a condition of an authority . . . . . . . . . . . . . . . . . . . 80 Vessel tracking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Use of explosives etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 81 Offence to do prescribed act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Additional penalty based on value of fish taken in trade or commerce 82 Interference etc. with aquaculture activity or fishing apparatus . . 83 Holder of authority to have it available for immediate inspection etc. 83 Page 5

Fisheries Act 1994 Contents Not authorised —indicative only 88A 88B Subdivision 2 89 89A 89B 89C Division 5 90 91 92 93 Division 7 108 109 110 Division 9 117 Division 10 118 Part 6 120 122 123 124 125 125A Part 7 126 127 128 129 130 Possessing fish taken in contravention of other fisheries legislation 84 Carrying out particular development without resource allocation authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Trafficking in priority fish Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Meaning of priority fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 When a person engages in a trafficking activity for priority fish . 87 Offence to engage in trafficking activity for priority fish . . . . . . . . 88 Non-indigenous fisheries resources and aquaculture fish Non-indigenous fisheries resources not to be released . . . . . . . 88 Aquaculture fisheries resources not to be released . . . . . . . . . . 89 Duty of person who unlawfully takes or possesses non-indigenous plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Recovery of costs of removing particular fisheries resources . . . 89 Orders for destruction Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Recovery of costs of complying with order . . . . . . . . . . . . . . . . . 91 Fisheries Fund Fisheries Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 General Information requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Protection and conservation of fish habitats Declaration of fish habitat areas . . . . . . . . . . . . . . . . . . . . . . . . . 95 Protection of fisheries resources in declared fish habitat area . . 95 Protection of marine plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Chief executive may rehabilitate or restore land etc. . . . . . . . . . 96 Notice to restore fish habitat etc. . . . . . . . . . . . . . . . . . . . . . . . . . 96 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Commonwealth–State management of fisheries Functions and powers of Minister . . . . . . . . . . . . . . . . . . . . . . . . 99 Minister to table reports of Joint Authorities . . . . . . . . . . . . . . . . 99 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Functions of Joint Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Page 6

131 132 132A 133 134 135 136 137 138 139 Part 8 Division 1A 139A Division 1 140 140A 141 142 143 144 Division 2 145 145A 146 146A 147 148 148A 148B 149 149A 149B Fisheries Act 1994 Contents Proceedings of Joint Authorities . . . . . . . . . . . . . . . . . . . . . . . . . 100 Making of Joint Authority and other Commonwealth–State arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Variation of Commonwealth–State arrangements . . . . . . . . . . . . 101 Ending of Commonwealth–State arrangements . . . . . . . . . . . . . 101 Application of Queensland law to fisheries . . . . . . . . . . . . . . . . . 101 Additional functions of Joint Authority for fishery under Queensland law 101 Exercise of powers for Joint Authority fishery under Queensland law 102 Application of provisions about offences . . . . . . . . . . . . . . . . . . . 103 Presumption about certain statements in arrangements . . . . . . . 103 Instruments for Commonwealth–State fisheries under Queensland law 104 Enforcement Preliminary Reference to document includes reference to reproductions from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Inspectors Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Limitation of inspector’s powers . . . . . . . . . . . . . . . . . . . . . . . . . 106 Inspector’s conditions of appointment . . . . . . . . . . . . . . . . . . . . . 106 Inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Production or display of inspector’s identity card . . . . . . . . . . . . 107 Powers of inspectors for places, boats and vehicles Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Entry of premises used for trade or commerce . . . . . . . . . . . . . . 109 Boarding of boats and entry of vehicles generally . . . . . . . . . . . . 109 Exercise of power to board boat or enter vehicle . . . . . . . . . . . . 111 Boarding of boat, or entry of vehicle, that is moving or about to move 111 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Monitoring warrants for abalone or commercial fish . . . . . . . . . . 113 Monitoring warrants for marine plants or fish habitat . . . . . . . . . 114 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Additional procedure if electronic application . . . . . . . . . . . . . . . 116 Defect in relation to a warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Page 7 Not authorised —indicative only

Fisheries Act 1994 Contents Not authorised —indicative only 150 150A 150B 150C 151 152 153 154 155 156 Division 3 Subdivision 1 157 158 159 160 160A 161 162 163 164 Subdivision 2 165 166 167 168 169 Division 4 170 171 172 173 173A 173B Division 4A Inspector’s general powers for places, boats and vehicles . . . . . 118 No tampering with marked or sealed container or thing . . . . . . . 120 Requirement to comply with help requirement . . . . . . . . . . . . . . 120 Requirement to take required action . . . . . . . . . . . . . . . . . . . . . . 121 Power to seize evidence from places etc. . . . . . . . . . . . . . . . . . . 121 Power to seize evidence after boarding a boat or entering a vehicle 122 Additional power to seize fisheries resources etc. . . . . . . . . . . . 122 Seizure of fisheries resources in heap etc. . . . . . . . . . . . . . . . . . 123 Power to seize explosives etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Procedures after seizure General Receipt to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Inspector to allow inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . 126 Inspector may dispose of fisheries resources taken unlawfully . . 127 When seized fisheries resources become property of State . . . . 127 Chief executive’s power to sell particular live seized fish . . . . . . 128 Chief executive may return seized things etc. . . . . . . . . . . . . . . . 128 Obligation to return seized things (other than fisheries resources) 129 Obligation to pay net proceeds of sale of fisheries resources . . . 130 Chief executive may order forfeiture of particular things . . . . . . . 130 Appeal against seizure of fisheries resources Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Powers of Magistrates Court on appeal . . . . . . . . . . . . . . . . . . . 132 Court may give directions about disposal of seized fisheries resources 132 Appeal to District Court on questions of law only . . . . . . . . . . . . 132 Other enforcement powers of inspectors Power to stop persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 133 Power to require information from certain persons . . . . . . . . . . . 134 Power to require production of documents . . . . . . . . . . . . . . . . . 135 Power relating to fishing apparatus in water . . . . . . . . . . . . . . . . 136 Additional power of police officer for executing warrant . . . . . . . 136 Obtaining criminal history reports Page 8

173C 173D 173E Division 5 174 174A 175 176 177 178 179 180 181 181A 182 183 Division 6 184 Part 9 185 186 Part 10 Division 1 187 Division 2 188 189 190 191 Division 3 192 Part 11 215 216 216A 217 Fisheries Act 1994 Contents Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may obtain criminal history report . . . . . . . . . . . Other enforcement matters Orders against persistent offenders . . . . . . . . . . . . . . . . . . . . . . Recovery of particular costs of investigation . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . False, misleading or incomplete documents . . . . . . . . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of body-worn cameras . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstruction etc. of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interstate agreements Power to enter into agreements . . . . . . . . . . . . . . . . . . . . . . . . . Reciprocal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of decisions Preliminary Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal review Review process must start with internal review . . . . . . . . . . . . . . Who may apply for internal review . . . . . . . . . . . . . . . . . . . . . . . Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . External review Applying for external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Immunity from prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 137 138 139 139 140 141 141 142 143 143 144 145 145 145 146 148 148 150 151 151 151 152 153 153 153 154 154 Page 9 Not authorised —indicative only

Not authorised —indicative only Fisheries Act 1994 Contents 217A 217B 218 219 220 220A 220B 221 221A 222 222A 223 Part 12 Division 1 224 225 226 Division 2 227 228 229 230 231 232 233 234 235 236 237 Division 3 239 Division 4 Subdivision 1 240 Exchange of information with prescribed government entity . . . . 155 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Identification of boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Holder of authority responsible for ensuring Act complied with . . 158 Summary offences and indictable offences . . . . . . . . . . . . . . . . . 159 Proceedings for summary offences . . . . . . . . . . . . . . . . . . . . . . . 159 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . 159 Inspector not to have interest in authority . . . . . . . . . . . . . . . . . . 160 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Electronic notices for authority holders . . . . . . . . . . . . . . . . . . . . 161 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Transitional provisions Transitional references Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Fisheries Act 1976 references . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Fishing Industry Organisation and Marketing Act 1982 references 162 Savings and transitional provisions for Primary Industries and Natural Resources Legislation Amendment Act 2000 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Dissolution of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Vesting of assets, rights and liabilities . . . . . . . . . . . . . . . . . . . . . 163 Decisions, documents etc. of Authority . . . . . . . . . . . . . . . . . . . . 164 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 References to Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Duty to register transfer of property . . . . . . . . . . . . . . . . . . . . . . . 164 Employees of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Contract employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Accrued entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Industrial instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Transitional provision for Fisheries Amendment Act 2001 Validation of renewals of expired former authorities . . . . . . . . . . 166 Transitional provisions for Primary Industries and Other Legislation Amendment Act 2003 Definitions Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Page 10

Fisheries Act 1994 Contents Not authorised —indicative only Subdivision 2 241 242 243 Subdivision 3 244 245 Subdivision 5 253 Division 5 254 255 256 Division 6 257 Division 7 258 Division 8 259 Division 9 261 Division 10 262 263 264 265 Division 11 Subdivision 1 Continuing effect of particular authorities or approvals Continuing effect of existing licences or permits . . . . . . . . . . . . . 167 Continuing effect of existing approvals for waterway barrier works 169 Continuing effect of existing aquaculture licences for wild oyster harvesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Effect of commencement on particular applications in progress Applications in progress for particular relevant authorities . . . . . 170 Applications in progress for aquaculture licences for wild oyster harvesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Effect of commencement on prescribed criteria Continuing effect of criteria prescribed for s 67 . . . . . . . . . . . . . . 172 Transitional provisions for Fisheries Amendment Act 2006 Existing contracts to provide services relating to sharks . . . . . . . 172 Existing general fisheries permits relating to sharks . . . . . . . . . . 173 Activities carried out under existing contracts relating to sharks . 174 Transitional provisions for Sustainable Planning Act 2009 Continuing application of pt 5, div 3A, sdivs 1 to 4 . . . . . . . . . . . 174 Transitional provision for Trade Measurement Legislation Repeal Act 2009 Amendment of fisheries management plan by Trade Measurement Legislation Repeal Act 2009 does not affect powers of chief executive or Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Transitional provisions for Environmental Offsets Act 2014 Continued effect to make payment . . . . . . . . . . . . . . . . . . . . . . . 175 Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 Existing development applications . . . . . . . . . . . . . . . . . . . . . . . 176 Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Existing particular development applications for fisheries development 177 Existing appeals—amendment of fisheries development approval conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Existing right to appeal—amendment of fisheries development approval conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Transitional provisions for Fisheries (Sustainable Fisheries Strategy) Amendment Act 2018 Preliminary Page 11

Not authorised —indicative only Fisheries Act 1994 Contents 266 Subdivision 2 267 268 269 270 Subdivision 3 271 272 273 274 275 276 277 278 Schedule 1 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for amendments commencing on assent Application of new section 165 . . . . . . . . . . . . . . . . . . . . . . . . . . Orders under former section 174 . . . . . . . . . . . . . . . . . . . . . . . . Orders under new section 174 . . . . . . . . . . . . . . . . . . . . . . . . . . Orders under new section 174A . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for amendments commencing by proclamation Compensation for relevant amendments . . . . . . . . . . . . . . . . . . Existing emergency fisheries declaration . . . . . . . . . . . . . . . . . . Application of new section 68AC . . . . . . . . . . . . . . . . . . . . . . . . . Application of former section 68B . . . . . . . . . . . . . . . . . . . . . . . . The fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing review rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 179 179 179 180 180 180 181 181 181 181 181 182 183 Page 12

Not authorised —indicative only Fisheries Act 1994 Fisheries Act 1994 Part 1 Preliminary [s 1] An Act for the management, use, development and protection of fisheries resources and fish habitats, the management of aquaculture activities and helping to prevent shark attacks, and for related purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Fisheries Act 1994 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Objectives 3 Particular purposes of Act (1) The main purpose of this Act is to provide for the use, conservation and enhancement of the community’s fisheries resources and fish habitats in a way that seeks to— (a) apply and balance the principles of ecologically sustainable development; and (b) promote ecologically sustainable development. Current as at [Not applicable] Page 13

Fisheries Act 1994 Part 1 Preliminary [s 3] Not authorised —indicative only (2) In balancing the principles, each principle is to be given the relative emphasis appropriate in the circumstances, having regard to ensuring access to the fisheries resources is allocated in a way that maximises the potential economic, social and cultural benefits to the community. (3) Despite the main purpose of this Act, a further purpose of this Act is to reduce the possibility of shark attacks on humans in coastal waters of the State adjacent to coastal beaches used for bathing. (4) Subsections (1) and (3) do not limit the purposes of this Act. (5) In this section— ecologically sustainable development means using, conserving and enhancing the community’s fisheries resources and fish habitats so that— (a) the ecological processes on which life depends are maintained; and (b) the total quality of life, both now and in the future, can be improved. precautionary principle means the principle that, if there is a threat of serious or irreversible environmental damage, lack of scientific certainty should not be used as a reason to postpone measures to prevent environment degradation, or possible environmental degradation, because of the threat. principles of ecologically sustainable development means the following principles— (a) enhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations; (b) providing fairness within and between generations; (c) protecting biological diversity, ecological processes and life-support systems; (d) in making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations; Page 14 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 1 Preliminary [s 3A] (e) considering the global dimension of environmental impacts of actions and policies; (f) considering the need to maintain and enhance competition, in an environmentally sound way; (g) considering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection; (h) that decisions and actions should provide for broad community involvement on issues affecting them; (i) the precautionary principle. 3A How particular purposes are to be primarily achieved (1) The main purpose of this Act is to be primarily achieved by providing for— (a) the management and protection of fish habitats; and (b) the management of commercial, charter, recreational and indigenous fishing; and (c) the management of aquaculture. (2) The main purpose of this Act is to be achieved, so far as is practicable— (a) in consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or indigenous fishing and the community generally; and (b) using a transparent and responsive approach to the management of access to fisheries resources. (3) The further purpose of this Act under section 3(3) is to be primarily achieved by the chief executive establishing and managing a program for particular coastal waters of the State adjacent to coastal beaches used for bathing. (4) The program is the shark control program . Current as at [Not applicable] Page 15

Fisheries Act 1994 Part 1 Preliminary [s 4] Division 3 Interpretation Not authorised —indicative only Subdivision 1 Dictionary 4 Definitions The dictionary in schedule 1 defines particular words used in this Act. Subdivision 2 Key definitions 5 Meaning of fish (1) Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives— (a) in water (whether freshwater or saltwater); or (b) in or on foreshores; or (c) in or on land under water. (2) Fish includes— (a) prawns, crayfish, rock lobsters, crabs and other crustaceans; and (b) scallops, oysters, pearl oysters and other molluscs; and (c) sponges, annelid worms, bêche-de-mer and other holothurians; and (d) trochus and green snails. (3) However, fish does not include— (a) crocodiles; or (b) protected animals under the Nature Conservation Act 1992 ; or (c) pests under the Pest Management Act 2001 ; or (d) animals prescribed by regulation not to be fish. Page 16 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 1 Preliminary [s 7] (4) Fish also includes— (a) the spat, spawn and eggs of fish; and (b) any part of fish or of spat, spawn or eggs of fish; and (c) treated fish, including treated spat, spawn and eggs of fish; and (d) coral, coral limestone, shell grit or star sand; and (e) freshwater or saltwater products declared under a regulation to be fish. (5) A regulation under subsection (4)(e) may declare a product to be fish only— (a) for a particular provision of this Act; or (b) if the product is used for a particular purpose. (6) Subsection (5) does not limit the Statutory Instruments Act 1992 , section 24 or 25. 7 Meaning of fishery Fishery includes activities by way of fishing, including, for example, activities specified by reference to all or any of the following— (a) a species of fish; (b) a type of fish by reference to sex, size or age or another characteristic; (c) an area; (d) a way of fishing; (e) a type of boat; (f) a class of person; (g) the purpose of an activity; (h) the effect of the activity on a fish habitat, whether or not the activity involves fishing; (i) anything else prescribed by regulation. Current as at [Not applicable] Page 17

Not authorised —indicative only Fisheries Act 1994 Part 1 Preliminary [s 8] 8 Meaning of marine plant (1) Marine plant includes the following— (a) a plant (a tidal plant ) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen; (b) material of a tidal plant, or other plant material on tidal land; (c) a plant, or material of a plant, prescribed by regulation to be a marine plant. (2) Marine plant does not include a plant that is— (a) prohibited matter or restricted matter under the Biosecurity Act 2014 ; or Notes— 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2. 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2. (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 . Division 4 Operation of Act 10 Act binds all persons This Act binds all persons, including the State. 11 General application of Act (1) This Act applies to persons, things, acts and omissions on or in— (a) land within the limits of the State; and (b) Queensland waters. (2) However, this Act does not apply to— Page 18 Current as at [Not applicable]

Fisheries Act 1994 Part 1 Preliminary [s 11] Not authorised —indicative only (a) activities to which a Commonwealth law cooperative fishery applies; or (b) the taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth), for the purposes of a Commonwealth law Torres Strait cooperative fishery; or (c) the landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10(2)(c) of the Commonwealth Fisheries Act; or (d) exclusive Commonwealth matters for a State law cooperative fishery; or (e) the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004 . (3) This Act also applies to— (a) recreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and (b) activities in the Australian fishing zone to which a State law cooperative fishery applies. (4) Subsection (3)(a) does not apply to recreational fishing regulated by a Commonwealth plan of management. (5) Subsection (3)(b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery. (6) In this section— adjacent area for Queensland has the meaning given by the Petroleum (Submerged Lands) Act 1967 (Cwlth). Australian fishing zone has the meaning given by the Commonwealth Fisheries Act. Commonwealth fishing concession means a fishing concession within the meaning of the Commonwealth Fisheries Act. Commonwealth law cooperative fishery means a Commonwealth–State fishery managed under Commonwealth law. Current as at [Not applicable] Page 19

Not authorised —indicative only Fisheries Act 1994 Part 1 Preliminary [s 12] Commonwealth law Torres Strait cooperative fishery means a fishery managed under Commonwealth law under an arrangement under the Torres Strait Fisheries Act 1984 , part 3. Commonwealth plan of management means a plan of management within the meaning of the Commonwealth Fisheries Act. exclusive Commonwealth matter , for a State law cooperative fishery, means any of the following matters— (a) foreign boats; (b) operations on and from foreign boats; (c) persons on foreign boats; (d) for activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters. recreational fishing has the same meaning as in the Commonwealth Fisheries Act. State law cooperative fishery means a Commonwealth–State fishery managed in accordance with State law. 12 When Act does not apply This Act does not apply to— (a) the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or (b) the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person’s control, put the fish or plants back immediately they come into the person’s possession; or Page 20 Current as at [Not applicable]

Fisheries Act 1994 Part 1 Preliminary [s 13] (c) the use of a hand net to lift from water fish taken by other fishing apparatus; or (d) the use of a gaff to secure fish taken by other fishing apparatus. Not authorised —indicative only 13 Exemptions from Act (1) A regulation may exempt a person from this Act or a provision of this Act. Examples— 1 A regulation may exempt a person who keeps live fish, for sale, in a pet shop or restaurant from all provisions of the Act. 2 A regulation may exempt a person from all provisions of the Act for the use or possession of specified fishing apparatus. (2) The exemption may be given on conditions stated in the regulation. (3) A person must not contravene a condition of an exemption that applies to the person. Maximum penalty for subsection (3)—200 penalty units. 14 Defence for Aborigines and Torres Strait Islanders for particular offences (1) It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove— (a) the person is an Aborigine, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander, who at the time of the offence was acting under Island custom; and (b) the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aborigine or Torres Strait Islander; and Current as at [Not applicable] Page 21

Not authorised —indicative only Fisheries Act 1994 Part 1 Preliminary [s 14] (c) depending on whichever of the following applies— (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats— the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters. (2) However, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Island custom. (3) In this section— prescribed fishing apparatus means— (a) fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or (b) fishing apparatus that is used under Aboriginal tradition or Island custom, and prescribed specifically under a regulation for the purpose of this section. prescribed waters means waters— (a) that are regulated waters under a regulated waters declaration; and (b) that are prescribed specifically under a regulation for the purpose of this section; and (c) where the taking of any fish, or the possession of any fish taken, by any person is prohibited. Page 22 Current as at [Not applicable]

Part 2 Fisheries Act 1994 Part 2 Functions of Minister [s 15] Functions of Minister Not authorised —indicative only Division 1 Harvest strategies Subdivision 1 Preliminary 15 Definitions for division In this division— approved harvest strategy policy means the document called ‘Queensland Harvest Strategy Policy’— (a) approved by the Minister; and (b) published on the department’s website. public notice means a notice published— (a) in a newspaper circulating generally throughout Queensland; and (b) on the department’s website. Subdivision 2 Harvest strategy 16 Approval of harvest strategy (1) The Minister may approve a harvest strategy prepared by the chief executive if the Minister is satisfied— (a) the harvest strategy is consistent with the main purpose of this Act; and (b) this subdivision has been complied with for the harvest strategy. (2) As soon as practicable but no more than 3 months after the chief executive gives the Minister a harvest strategy prepared under this subdivision, the Minister must— Current as at [Not applicable] Page 23

Not authorised —indicative only Fisheries Act 1994 Part 2 Functions of Minister [s 17] (a) approve the harvest strategy; or (b) approve the harvest strategy subject to stated changes being made to the strategy; or (c) decide not to approve the harvest strategy. (3) If the Minister approves the harvest strategy (including subject to stated changes being made), a copy of the approved harvest strategy must be published on the department’s website. (4) The Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made. (5) The public notice must state— (a) the reasons for the Minister’s decision; and (b) if the Minister approves the harvest strategy (including subject to stated changes being made)—that a copy of the approved harvest strategy is available on the department’s website. 17 Preparation and notice of draft harvest strategy (1) The chief executive may prepare a harvest strategy complying with section 19 for a fishery. (2) In preparing the draft harvest strategy, the chief executive must comply with the approved harvest strategy policy. (3) The chief executive must give public notice of the draft harvest strategy stating— (a) the fishery to which the draft harvest strategy applies; and (b) that a copy of the draft harvest strategy is available for inspection, without charge— (i) during normal business hours at each office of the department; and (ii) on the department’s website; and Page 24 Current as at [Not applicable]

Fisheries Act 1994 Part 2 Functions of Minister [s 18] (c) that written submissions may be made to the chief executive about the draft harvest strategy within a stated reasonable period of at least 28 days after the notice is published on the department’s website. Not authorised —indicative only 18 Preparation and submission of final harvest strategy (1) This section applies if the chief executive prepares a draft harvest strategy for a fishery under section 17. (2) The chief executive must prepare a final harvest strategy complying with section 19 for the fishery. (3) The final harvest strategy must be prepared having regard to each submission made about the draft harvest strategy within the period stated in the public notice. (4) The chief executive must give the Minister— (a) the final harvest strategy; and (b) a written report about— (i) the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and (ii) other consultation undertaken by the chief executive in preparing the draft or final harvest strategy. 19 Content of harvest strategy (1) The draft and final harvest strategy must state— (a) the fishery to which it applies; and (b) the ecological, economic and social objectives for the fishery; and (c) the allocation of access to fisheries resources for the fishery— Current as at [Not applicable] Page 25

Not authorised —indicative only Fisheries Act 1994 Part 2 Functions of Minister [s 20] (i) to each fishing sector; and (ii) to another purpose or group of persons (if any); and (d) a framework for the management of the fishery, including— (i) the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and (ii) the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and (iii) how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and (iv) action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved. (2) The draft and final harvest strategy may also— (a) state when the performance of the fishery must be assessed under section 25; or (b) state when the harvest strategy must be reviewed under section 26, which must be at least once every 5 years; or (c) provide for other matters for achieving the main purpose of this Act. Subdivision 3 Amendment of harvest strategy 20 Amendment of harvest strategy (1) The Minister may approve an amendment of an approved harvest strategy prepared by the chief executive if the Minister is satisfied— Page 26 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 2 Functions of Minister [s 21] (a) the harvest strategy, as amended, would be consistent with the main purpose of this Act; and (b) this subdivision has been complied with for the amendment. (2) As soon as practicable but no more than 3 months after the chief executive gives the Minister an amendment of an approved harvest strategy prepared under this subdivision, the Minister must— (a) approve the amendment; or (b) approve the amendment subject to stated changes being made to the amendment; or (c) decide not to approve the amendment. (3) If the Minister approves the amendment (including subject to stated changes being made), a copy of the approved amendment, and a copy of the approved harvest strategy including the amendment, must be published on the department’s website. (4) The Minister must give public notice of the Minister’s decision under subsection (2) within 14 days after the decision is made. (5) The public notice must state— (a) the reasons for the Minister’s decision; and (b) if the Minister approves the amendment (including subject to stated changes being made)—that a copy of the approved amendment, and a copy of the approved harvest strategy including the approved amendment, is available on the department’s website. 21 Preparation and notice of draft amendment (1) The chief executive may prepare an amendment of an approved harvest strategy. (2) In preparing the draft amendment, the chief executive must comply with the approved harvest strategy policy. Current as at [Not applicable] Page 27

Not authorised —indicative only Fisheries Act 1994 Part 2 Functions of Minister [s 22] (3) The chief executive must give public notice of the draft amendment stating— (a) the approved harvest strategy to which the amendment applies; and (b) that a copy of the draft amendment is available for inspection, without charge— (i) during normal business hours at each office of the department; and (ii) on the department’s website; and (c) that written submissions may be made to the chief executive about the draft amendment within a stated reasonable period of at least 28 days after the notice is published on the department’s website. (4) Subsection (3) does not apply to a minor amendment to— (a) correct an error in the approved harvest strategy; or (b) make a change other than a change of substance. 22 Preparation and submission of final amendment (1) This section applies if the chief executive prepares an amendment of an approved harvest strategy under section 21. (2) The chief executive may prepare a final amendment of the harvest strategy. (3) The final amendment must be prepared having regard to each submission made about the draft amendment within the period stated in the public notice. (4) The chief executive must give the Minister— (a) the final amendment; and (b) a written report about— (i) the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the Page 28 Current as at [Not applicable]

Fisheries Act 1994 Part 2 Functions of Minister [s 23] draft amendment because of any of the submissions; and (ii) other consultation undertaken by the chief executive in preparing the draft or final amendment. Not authorised —indicative only Subdivision 4 Implementation of harvest strategy 23 Action under Act must be consistent with harvest strategy (1) The chief executive or another person involved in the administration of this Act must not make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy. (2) Subsection (1) does not apply to a person acting under a direction given under section 24. 24 Ministerial direction about action inconsistent with harvest strategy (1) The Minister may direct the chief executive or another person involved in the administration of this Act to make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy if— (a) the chief executive or other person is authorised to make the decision or do the thing under this Act; and (b) the Minister is satisfied making the decision or doing the thing is consistent with the main purpose of this Act. (2) The chief executive or other person must comply with the direction. (3) The direction remains in force for 3 months after it is given. (4) The Minister must give public notice of the direction within 14 days after the direction is given. (5) The public notice must state— Current as at [Not applicable] Page 29

Fisheries Act 1994 Part 2 Functions of Minister [s 25] (a) the direction and to whom it has been given; and (b) the reasons for the direction; and (c) the period for which the direction remains in force. Not authorised —indicative only Subdivision 5 Reviews relating to harvest strategy 25 Assessment of performance of fishery (1) The chief executive must assess the performance of a fishery against the approved harvest strategy for the fishery. (2) The assessment must be conducted— (a) if the harvest strategy states when the assessment must be conducted—at the stated time; or (b) otherwise—annually. (3) The chief executive must give the Minister a written report about the assessment within 21 days after completing the assessment. (4) The report must state the action the chief executive considers should be taken to address any concerns about the performance of the fishery against the harvest strategy. (5) Unless the Minister directs otherwise within 21 days after the Minister is given the report, the chief executive must take the action mentioned in subsection (4) as soon as practicable after the 21 days have passed. 26 Review of harvest strategy (1) The chief executive must review each approved harvest strategy to assess whether it is achieving the main purpose of this Act in an appropriate and effective way. (2) The review must be conducted— (a) if the harvest strategy states when the review must be conducted—at the stated time; or Page 30 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 2 Functions of Minister [s 27] (b) otherwise—within 5 years after the harvest strategy was approved by the Minister or, if applicable, the last time the harvest strategy was reviewed. (3) The chief executive must give the Minister a written report about the review within 21 days after completing the review. (4) The report must state the action the chief executive considers should be taken to address any concerns about the harvest strategy, including, for example— (a) whether the harvest strategy should be amended and, if so, how; and (b) whether the Minister should issue a direction under section 24 or make a reallocation decision under division 2. Division 2 Resource reallocation 27 Reallocation decision (1) The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community. (2) The Minister may make a decision under subsection (1) (a reallocation decision ) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative. (3) For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from— (a) the chief executive; and (b) the applicant for the reallocation, if any; and (c) representatives of the affected fishing sectors; and (d) any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and Current as at [Not applicable] Page 31

Not authorised —indicative only Fisheries Act 1994 Part 2 Functions of Minister [s 28] (e) other entities the Minister considers appropriate. (4) If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made. (5) The public notice must state— (a) the reallocation decision; and (b) the reasons for the reallocation decision; and (c) if known, the action proposed to be taken under this Act to implement the reallocation decision. (6) In this section— reallocation , in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources— (a) from a fishing sector to another fishing sector; or (b) from a fishing sector to another purpose or group of persons; or (c) from a purpose or group of persons to a fishing sector or another purpose or group of persons. 28 Chief executive to implement reallocation decision (1) The chief executive must take all necessary steps to give effect to a reallocation decision, including, for example— (a) preparing an amendment of an approved harvest strategy and giving it to the Minister for approval under division 1; or (b) making or amending a declaration under part 5, division 1. (2) In acting under subsection (1), the chief executive may advise the Minister of, and seek the Minister’s approval for, alternative ways to give effect to the Minister’s decision. Page 32 Current as at [Not applicable]

Division 3 Fisheries Act 1994 Part 3 Shark control program [s 29] Ministerial advisory bodies Not authorised —indicative only 29 Minister may establish advisory bodies The Minister may establish an advisory committee or other body to help the Minister in the administration of this Act. Part 3 Shark control program 30 Management of shark control program (1) The chief executive must establish and manage a shark control program for the coastal waters of the State the chief executive considers necessary or desirable. (2) The shark control program may be established and managed despite the main purpose of this Act under section 3(1). (3) To remove any doubt, it is declared that it is not a function of the chief executive to establish or manage the shark control program other than to the extent mentioned in subsection (1). 31 Exclusion zone (1) A person must not, without a reasonable excuse, be in the exclusion zone for shark control apparatus. Maximum penalty—200 penalty units. Note— The locations of shark control apparatus are available on the department’s website. (2) Subsection (1) does not apply to a person who is authorised, in writing, by the chief executive or an inspector to be in the exclusion zone for shark control apparatus for— (a) installing, repairing or maintaining the apparatus; or (b) freeing animals, persons or things caught in the apparatus. Current as at [Not applicable] Page 33

Not authorised —indicative only Fisheries Act 1994 Part 4 Accepted development requirements [s 32] (3) Also, subsection (1) does not apply to a person on a boat that transits through the exclusion zone for shark control apparatus— (a) in a straight line or in the most appropriate or direct route, taking into account the circumstances of the waters; and (b) without stopping. (4) In this section— exclusion zone , for shark control apparatus, means the area within 20m of the shark control apparatus. shark control apparatus means any thing placed in or near water by the chief executive as part of the shark control program, including, for example— (a) a net or line; and (b) a buoy, float, hook, sinker or other thing connected to or otherwise associated with a net or line. Part 4 Accepted development requirements 32 Accepted development requirements for Planning Act A regulation may, for the Planning Act, state the requirements (the accepted development requirements ) that fisheries development must comply with to be categorised as accepted development under that Act. Page 34 Current as at [Not applicable]

Not authorised —indicative only Part 5 Fisheries Act 1994 Part 5 Fisheries management [s 33] Fisheries management Division 1 Chief executive declarations Subdivision 1 Fisheries declarations 33 Power to make declarations (1) The chief executive may make the declarations mentioned in this subdivision (each a fisheries declaration ). (2) A fisheries declaration may be made to protect things that are not fish. Example— A declaration may regulate taking or possessing fish in an area to protect dugong in the area. (3) A fisheries declaration made under this subdivision is subordinate legislation. 34 Regulated fish declaration A fisheries declaration (a regulated fish declaration ) may regulate the taking, purchase, sale, possession or use of particular fish. Examples of matters that may be regulated under a regulated fish declaration— 1 A limit may be placed on the size or number of a species or type of fish that may be taken, purchased, sold, used or possessed. 2 The taking, possessing or selling of fish of a particular species or type may be prohibited. 3 The fish may be regulated by way of fillet size or other form in which they may be possessed after they are taken. Current as at [Not applicable] Page 35

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 35] 35 Regulated waters declaration (1) A fisheries declaration (a regulated waters declaration ) may regulate all or any of the following in particular waters— (a) the taking or possessing of fish; (b) engaging in stated activities; (c) using or possessing a boat, aquaculture furniture, fishing apparatus or anything else. (2) However, a regulated waters declaration does not apply to an activity authorised by a development approval unless the declaration expressly states that it applies to the activity. 36 Other fisheries declarations (1) A fisheries declaration (a regulated fishing apparatus declaration ) may regulate the purchase, sale, possession or use of particular fishing apparatus. (2) A fisheries declaration (a regulated fishing method declaration ) may regulate how fish may be taken. Subdivision 2 Quota declarations 37 Quota declaration (1) The chief executive may make a declaration (a quota declaration ) about the total quota entitlement for a fishery or part of a fishery. (2) A regulation may provide for the proportion of the total quota entitlement allocated for each quota authority for the fishery or part of the fishery. (3) The total quota entitlement, and the quota entitlement for a quota authority, may be by reference to 1 or more of the following— (a) an amount of fish; (b) an amount of effort; Page 36 Current as at [Not applicable]

Fisheries Act 1994 Part 5 Fisheries management [s 38] (c) another matter prescribed by regulation. (4) A quota declaration made under this subdivision is subordinate legislation. Not authorised —indicative only Subdivision 3 Other declarations 38 Urgent declaration The chief executive may make a fisheries declaration or a quota declaration (in either case an urgent declaration ) under this subdivision if the chief executive is satisfied that urgent action is needed— (a) to deal with a significant threat to fisheries resources or a fish habitat; or (b) to deal with a significant threat caused by fishing to a thing that is not fish; or (c) for another emergency. 39 Authorising declaration (1) This section applies if— (a) any of the following happens— (i) a natural disaster, accident or other event; (ii) the chief executive makes an urgent declaration; and (b) the chief executive is satisfied— (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain Current as at [Not applicable] Page 37

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 40] continuous access to fisheries resources or to offset the decrease in entitlement; and (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development. (2) The chief executive may make a declaration (an authorising declaration ) that authorises holders of the particular authorities to do the stated thing for the temporary period. Examples of what an authorising declaration may authorise— 1 taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area 2 using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration 40 Making urgent declaration or authorising declaration (1) The chief executive makes an urgent declaration or authorising declaration by publishing it on the department’s website. (2) The urgent declaration or authorising declaration must— (a) state whether it is an urgent declaration or an authorising declaration; and (b) outline the reason for making the declaration; and (c) be signed by the chief executive. (3) The chief executive must take all reasonable steps to ensure persons who may be affected by the urgent declaration or authorising declaration are made aware of the declaration. Examples of steps the chief executive may take— 1 publishing notice of the declaration (or a copy of the declaration) in relevant newspapers or on social media Page 38 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 41] 2 electronically communicating notice of the declaration (or a copy of the declaration) to holders of relevant authorities, including, for example, by email or SMS (4) The Statutory Instruments Act 1992, sections 49, 50 and 51 apply to an urgent declaration or authorising declaration as if it were subordinate legislation. 41 Duration of urgent declaration or authorising declaration (1) The chief executive must repeal an urgent declaration or authorising declaration as soon as practicable after the chief executive is satisfied the reason for making it no longer exists. (2) Unless it is earlier repealed, the urgent declaration or authorising declaration expires 3 months after it is made. (3) However, if the urgent declaration or authorising declaration is inconsistent with a regulation or a declaration under subdivision 1 or 2, the urgent declaration or authorising declaration expires 21 days after it is made unless it is earlier repealed. Subdivision 4 Relationships between regulations and declarations 42 Relationships between regulations and declarations (1) If there is an inconsistency between a regulation and a declaration under subdivision 1 or 2, the regulation prevails to the extent of the inconsistency. (2) If there is an inconsistency between a declaration under subdivision 3 and a regulation or a declaration under subdivision 1 or 2, the declaration under subdivision 3 prevails to the extent of the inconsistency. (3) If there is an inconsistency between an urgent declaration and an authorising declaration, the urgent declaration prevails to the extent of the inconsistency. Current as at [Not applicable] Page 39

Fisheries Act 1994 Part 5 Fisheries management [s 43] (4) If there is an inconsistency between 2 or more urgent declarations, the more recently made urgent declaration prevails to the extent of the inconsistency. (5) If there is an inconsistency between 2 or more authorising declarations, the more recently made authorising declaration prevails to the extent of the inconsistency. Not authorised —indicative only Division 2 Compensation for particular regulatory amendment Subdivision 1 Right to compensation in particular circumstances 43 Right to compensation (1) This section applies to a person if— (a) the person is, other than because of a temporary transfer, the holder of an authority (the eligible authority ) that— (i) is a licence, or a quota authority or another authority to which a quota entitlement applies; and (ii) authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and (b) a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, is amended (the relevant amendment ); and (c) because of the relevant amendment, an entitlement to take fisheries resources that the person had under the eligible authority immediately before the relevant amendment commences is lost or reduced. (2) Subject to sections 44 and 48D, the person is entitled to be paid compensation by the State for the value of the loss or reduction. Page 40 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 44] (3) However, the compensation is only payable if, under subdivision 2, a claim for the compensation has been made and the chief executive has decided to grant the claim. (4) This section does not prevent a regulation, fisheries declaration or quota declaration providing for payment of compensation for the making, amendment or repeal of an urgent declaration. (5) In this section— amend , in relation to a regulation, fisheries declaration or quota declaration, includes— (a) make; and (b) repeal. 44 Limits to compensation payable (1) The entitlement under section 43 arises only if the cause, or one of the causes, of the loss or reduction was— (a) a reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or (b) a restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish. (2) Compensation is not payable for the loss or reduction if— (a) compensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or (b) compensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth. Current as at [Not applicable] Page 41

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 45] 45 No general right to compensation (1) To remove any doubt, it is declared that, other than as provided for under section 43, no one has an entitlement under or in relation to this Act to claim or to be paid an amount from the State for or in connection with— (a) the making, amendment or repeal of a regulation or declaration; or (b) something previously permitted under a regulation or declaration becoming prohibited or regulated because of an amendment to the regulation or declaration. (2) Subsection (1) applies whether the amount is claimed as compensation, reimbursement or otherwise. Subdivision 2 Claiming and payment of compensation 46 Application of subdivision This subdivision applies for a claim for compensation under section 43. 47 Requirements for making claim (1) The claim must— (a) be made in writing to the chief executive; and (b) be signed by all holders of the eligible authority; and (c) state each of the following— (i) the entitlement to take fisheries resources the subject of the claim; (ii) the ground under section 44(1) on which the claim is made; (iii) the amount of the compensation claimed; (iv) how the claimant has worked out the amount. Page 42 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 48] (2) The claim must be made within 6 months after the day the relevant amendment commences. 48 Chief executive may require claimant to give further information (1) The chief executive may, by written notice to the claimant, require the claimant to give the chief executive within a stated reasonable period— (a) additional information about, or a document relating to, the claim; or (b) a statutory declaration verifying information included in the claim or additional information required under paragraph (a). (2) The notice may be given at any time before the claim is decided. (3) If the claimant does not comply with the requirement within the following period, the claimant is taken to have withdrawn the claim— (a) generally—the period stated in the notice; (b) if, within the period stated in the notice, the chief executive agrees in writing to a longer period to comply with the requirement—the longer period. 48A Deciding claim (1) Subject to sections 48B and 48C, the chief executive must, within a reasonable period after the making of the claim, decide— (a) to grant or refuse the claim; and (b) if the chief executive decides to grant the claim—the amount of the compensation payable. (2) If the chief executive decides to refuse the claim or decides an amount of compensation that is less than the amount claimed Current as at [Not applicable] Page 43

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 48B] or agreed to by the claimant, the chief executive must give the claimant an information notice for the decision. (3) In deciding what is a reasonable period for subsection (1), the chief executive must have regard to— (a) whether the chief executive may need to give a notice under section 48 or obtain other information or evidence under section 48B; and (b) the period that may be needed to consider the information or document the subject of the notice or the information or evidence that may need to be obtained. 48B Chief executive may obtain information or evidence from other persons (1) Before making the decision under section 48A, the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision. (2) If the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant— (a) the chief executive must give the claimant a written notice stating— (i) the further information or evidence; and (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and (b) the chief executive must not make the decision unless the claimant has given the response or the following period has ended— (i) generally—the period stated in the notice; (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period. Page 44 Current as at [Not applicable]

Fisheries Act 1994 Part 5 Fisheries management [s 48C] Not authorised —indicative only 48C Amount of compensation that may be decided (1) The amount of compensation decided may only be for— (a) either— (i) if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or (ii) if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and (b) the loss, for no more than 3 years from the relevant commencement, of probable taxable income from fishing lost or reduced because of the lost or reduced entitlement to take fisheries resources the subject of the claim. (2) In working out the market value immediately before the relevant commencement, any reduction in the value of the eligible authority caused by the making, or the prospect of the making, of the relevant amendment must be disregarded. (3) In working out the lost or reduced fishing income, regard may be had only to income from fishing under the eligible authority as stated in taxation returns lodged by the claimant and relevant notices of assessment accompanying the claim or given to the chief executive by or for the claimant. (4) Subsection (5) applies if the chief executive considers— (a) a ground on which the claim is made was not the sole cause of the loss or reduction claimed; and (b) the other cause or causes of the loss or reduction were not causes for which compensation may be claimed under subdivision 1. (5) The chief executive may reduce the amount worked out under subsection (1) to reflect the other cause or causes. (6) In this section— Current as at [Not applicable] Page 45

Fisheries Act 1994 Part 5 Fisheries management [s 48D] relevant commencement means when the relevant amendment commenced. taxable income means taxable income under the Income Tax Assessment Act 1997 (Cwlth). Not authorised —indicative only 48D Restriction on payment if someone other than the claimant has a registered interest in the eligible authority (1) This section applies if— (a) the claim and an amount of compensation has been decided under this subdivision; and (b) a person other than the claimant has a registered interest in the eligible authority. (2) The chief executive must not pay the claimant the amount unless the other person has agreed in writing to the chief executive making the payment. Division 3 Authorities issued under Act Subdivision 1 General 49 Authorities that may be issued (1) The chief executive may issue the following authorities under this Act— (a) a licence; (b) a permit; (c) a quota authority; (d) a resource allocation authority; (e) another authority prescribed by regulation. (2) A regulation may provide that an authority of a particular kind may or may not be issued for a stated activity or thing. Page 46 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 52] 52 Things authorised by authorities (1) An authority authorises the holder of the authority to do the things permitted under a regulation or declaration or stated in the authority. (2) A regulation or declaration, or the authority itself, may also authorise other persons to do all or any of the things authorised by it. Example of someone else authorised by an authority— a person who is a member of the crew of a boat owned by the holder (3) However, an authority does not authorise the holder or anyone else (other than an inspector) to enter, or remain on, someone else’s land. (4) Also, a resource allocation authority does not confer on the holder— (a) any right of ownership or tenure over the land, waters or resources mentioned in the authority; or (b) the right to carry out the development mentioned in the authority, unless the development is also authorised under the Planning Act. Note— See also section 76T and the Planning Act, section 163. 53 Form, content and term of authorities An authority— (a) must be in the approved form; and (b) must contain the particulars decided by the chief executive; and (c) is issued— (i) for the term stated in it; or (ii) if no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act. Current as at [Not applicable] Page 47

Fisheries Act 1994 Part 5 Fisheries management [s 54] Subdivision 2 Issue and renewal Not authorised —indicative only 54 Application for authority (1) An application for the issue of an authority must— (a) be made to the chief executive in the approved form; and (b) be accompanied by the fees prescribed by regulation. (2) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application. 55 Consideration of application for issue of authority (1) The chief executive must consider an application for the issue of an authority and may issue the authority or refuse to issue it. (2) In considering the application, the chief executive must comply with any relevant regulation or declaration. 56 Application for renewal of authority (other than permit) (1) The holder of an authority (other than a permit) may apply for its renewal to the chief executive. (2) Also, a person may apply to renew an expired former authority if— (a) the person held the former authority immediately before its expiry; and (b) the application is— (i) for an authority of the same type, and on substantially the same terms, as the former authority; and (ii) made within 3 months after the expiry. (3) However, the chief executive may, at any time, extend the period for applying to renew an expired former authority. Page 48 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 57] (4) An application under this section must— (a) be made in the approved form; and (b) be accompanied by the fees prescribed by regulation. (5) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application. 57 Permit not renewable (1) A permit can not be renewed. (2) However, the holder may apply for the issue of another permit. (3) Compensation is not payable if the chief executive refuses to issue another permit. (4) However, subsection (3) does not prevent a regulation providing for payment of compensation. 58 Consideration of application for renewal of authority (other than permit) (1) The chief executive must consider an application for renewal of an authority (other than a permit) and may renew the authority or refuse to renew it. (2) In considering the application, the chief executive must comply with any relevant regulation or declaration. (3) If the application is an application under section 56(2) to renew an expired former authority and the chief executive decides to renew it— (a) the chief executive must fix the term of the renewed authority from the day after the former authority expired; but (b) the renewed authority takes effect only from the day the renewed authority is issued. Current as at [Not applicable] Page 49

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 59] 59 Refusal to issue or renew (1) The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. Examples of the bases on which the chief executive may be satisfied— 1 The authority was issued in error or because of a document or representation— (a) that is false, misleading or omits a material particular; or (b) obtained or made in another improper way. 2 The applicant has been convicted of a fisheries offence. 3 The applicant has had any of the following (a fisheries authority ) cancelled or suspended— • a licence, permit, concession or other authority issued under fisheries legislation • a fisheries development approval. 4 The applicant has not complied with a condition of a fishing authority. 5 The applicant has not kept or given returns as required by the chief executive under this Act. 6 The applicant has given a false or misleading return to the chief executive under this Act. 7 The applicant has been convicted of an indictable offence. 8 The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation. 9 The applicant has not paid fees payable under this Act. 10 Another matter specified in a relevant regulation. (2) Compensation is not payable if the chief executive refuses to issue or renew an authority. (3) However, subsection (2) does not prevent a regulation providing for payment of compensation. Page 50 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 60] 60 Notice of refusal of application for issue or renewal etc. If the chief executive refuses to issue or renew an authority sought by an applicant, the chief executive must promptly— (a) give the applicant an information notice for the refusal; and (b) refund the fees paid by the applicant, other than fees for assessing the application. Subdivision 2A Additional requirements for deciding applications for resource allocation authorities 60A Matters chief executive must consider In deciding an application for a resource allocation authority, the chief executive must have regard to the impact of the development mentioned in the authority on each of the following— (a) coastal management under the Coastal Protection and Management Act 1995 ; (b) the protection of Queensland waters as required under the Environmental Protection Act 1994 ; Note— See the Environmental Protection (Water) Policy 2009 for the way the environmental values of Queensland waters are to be protected. (c) the management of marine parks under the Marine Parks Act 2004 . Current as at [Not applicable] Page 51

Fisheries Act 1994 Part 5 Fisheries management [s 61] Subdivision 3 Conditions Not authorised —indicative only 61 Conditions imposed on issue or renewal—general (1) When the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example— (a) for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and (b) a condition requiring payment of a bond to ensure the holder will comply with the conditions of the authority; and (c) a condition conferring powers on inspectors. (2) The conditions must be stated in the authority. (3) In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration. (4) If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition. (5) If a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority’s holder. (6) A power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act. (7) If an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both. (8) To remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or Page 52 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 62] fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority. (9) Compensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority. (10) However, subsection (9) does not prevent a regulation providing for payment of compensation. 62 Conditions imposed by regulation (1) An authority is also subject to the conditions prescribed by regulation. (2) To remove any doubt, any condition that may be imposed on an authority by the chief executive may be prescribed by regulation. Subdivision 4 Amendment 63 Amendment of authority (1) If the chief executive considers an authority (including the conditions stated in it) should be amended, the chief executive must give the holder of the authority a written notice (the show cause notice ) that— (a) states the proposed amendment; and (b) states the reasons for the proposed amendment; and (c) outlines the facts and circumstances forming the basis of the reasons; and (d) invites the holder to show, within a stated time of at least 28 days, why the authority should not be amended. (2) The chief executive may amend the authority if, after considering all representations made within the stated time, the chief executive still considers the authority should be amended— Current as at [Not applicable] Page 53

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 64] (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. (3) If the chief executive decides to amend the authority, the chief executive must give the holder of the authority an information notice for the decision. (4) Subsections (1) to (3) do not apply if the authority is amended only— (a) by omitting a condition if the omission does not adversely affect the holder’s interests; or (b) for a formal or clerical reason; or (c) in another way that does not adversely affect the holder’s interests; or (d) at the holder’s request. (5) The chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the holder. (6) To remove any doubt, any condition that may be imposed on an authority when it is issued may be imposed on the authority by amendment. (7) Compensation is not payable if an authority is amended, or anything previously permitted under the authority is prohibited or regulated. (8) However, subsection (7) does not prevent a regulation providing for payment of compensation. 64 Notice to return authority for alteration after amendment (1) The chief executive may, by written notice, require the holder of an authority issued by the chief executive to return the authority to the chief executive within a stated time, of at least 28 days, to enable the chief executive to alter the authority to reflect an amendment made to it. (2) The holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it. Page 54 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 65] Maximum penalty—80 penalty units. (3) After altering the authority, the chief executive must return it to the holder. (4) The amendment of an authority by the chief executive does not depend on it being altered under this section. Subdivision 5 Transfer 65 Transfer of authority (other than permit) (1) Subject to registration under this subdivision, an authority other than a permit may be transferred unless, under a regulation, the authority is not transferable either generally or in the circumstances relating to the particular authority. (2) A transfer, or purported transfer, of an authority is of no effect unless the transfer is registered under section 65B. (3) On registration of the transfer, all rights and liabilities attaching to the authority vest in the transferee. 65A Application to register transfer of authority (1) An application to register the transfer of an authority must— (a) be made to the chief executive in the approved form; and (b) be made by— (i) if the transfer is a temporary transfer of a quota authority—the transferor under the transfer; or (ii) otherwise—each holders of the authority immediately before the transfer. (2) Without limiting what the approved form may require, it must include— (a) a sufficient description of the authority; and (b) a written declaration by the applicant that— Current as at [Not applicable] Page 55

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 65B] (i) the information in or accompanying the application provided by the applicant is true; and (ii) the applicant has complied with the requirements under this Act that relate to the authority; and (iii) each transferee under the transfer has complied with the requirements under this Act that relate to the authority. (3) Unless the transfer is a temporary transfer of a quota authority, the application must be accompanied by— (a) the written approval of each person, other than the holder, who has a registered interest in the authority; and (b) if a fee payable under this Act for, or relating to, the authority has not been paid—the chief executive’s written approval to the registration of the transfer. (4) Also, the application must be accompanied by the fee prescribed by regulation, unless— (a) the application is made by the internet system mentioned in section 65BA; or (b) the fee is waived under section 65E. 65B Registration of transfer of authority (1) An application to register the transfer of an authority is a properly made application if the application complies with section 65A and the transferor and the transferee have complied with any requirements under subsection (2). (2) The chief executive may, by written notice, require the transferor or the transferee (the applicant ) to give the chief executive further documents or information to enable the chief executive to register the transfer. (3) The chief executive must register the transfer of an authority if the chief executive receives a properly made application in relation to the authority. Page 56 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 65BA] 65BA Internet system for transfer registration applications (1) The chief executive may establish an internet system under which— (a) applications may be made to register authority transfers; and (b) the following are made or done automatically on the internet— (i) the decision about whether an application to register a transfer, or a transfer of a particular type, is a properly made application for section 65A; (ii) registration of the transfer. (2) However, the use of the system may allow the decision to be made only if the information that the system requires to be given in making the application shows the application is, on its face, a properly made application for section 65A. (3) For section 196, a decision made under the system is taken to be a decision of the chief executive under section 65B. 65C Temporary transfers (1) A transfer of an authority may be for a stated period (a temporary transfer ). (2) The stated period— (a) may, subject to paragraphs (b) and (c), be fixed by reference to the happening of a stated event; and Example for paragraph (a)— If the authority is subject to a quota entitlement, the start or end of the period may be fixed by reference to the start or end of the period to which the quota entitlement applies. (b) must not start before the day the chief executive registers the transfer; and (c) must not be longer than the term of the authority. (3) If an authority is subject to a temporary transfer (the first transfer ), a further temporary transfer of the authority may be Current as at [Not applicable] Page 57

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 65D] registered for a stated period not longer than the period of the first transfer. (4) If the chief executive registers a temporary transfer, the chief executive must, as soon as practicable, give the applicants for registration of the temporary transfer written notice stating the temporary transfer of the authority has been registered. 65D Effect of temporary transfer (1) This section applies for a temporary transfer until— (a) generally—the end of the period for which the transfer is registered; or (b) if, during the period, the chief executive receives a signed notice from each interested party that the transfer has ended—the chief executive’s receipt of the notice. (2) A reference in the following to the holder of the transferred authority, or to the holder of an authority, is, if the context permits, taken to include a reference to the transferee as if the transferee were the holder of the transferred authority— (a) a provision of this Act, other than section 4, 56, 57, 63(4)(d) and (5), 72 or 73; (b) a regulation or declaration; (c) the conditions of the transferred authority. (3) The things authorised by the transferred authority— (a) may be done by the transferee as if the transferee were the person who was the holder of the authority immediately before the temporary transfer was registered (the original holder ); and (b) can not be done by the original holder. (4) Despite the temporary transfer, the original holder continues to be the holder of the transferred authority. (5) If a further temporary transfer is registered for the transferred authority, subsections (2) to (4) apply to the transferee under Page 58 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 65E] the first temporary transfer as if a reference to the original holder includes that transferee. (6) Each of the following is an interested party under subsection (1)— (a) the transferor under the temporary transfer; (b) the transferee under the temporary transfer; (c) unless the transfer is a temporary transfer of a quota authority—anyone else who has a registered interest in the authority the subject of the temporary transfer. 65E Waiver of fee or requirement on transfer or amendment (1) This section applies if the chief executive is satisfied a transfer or an amendment of an authority is necessary— (a) to give effect to— (i) a settlement between spouses or former spouses; or (ii) bankruptcy; or (iii) winding up or administration under the Corporations Act; or (iv) section 70C(3); or (b) to administer a deceased estate; or (c) because of the loss, at sea, of the boat being used in relation to the authority, through storm, capsize, collision or fire. (2) On an application made under subsection (3), the chief executive must, according to the application— (a) waive the prescribed fee for an application for amendment or registration of a transfer of the authority; or (b) waive the requirement under a regulation or a management plan, on application to amend or register the transfer of the authority, to do any of the following before the chief executive grants the application— Current as at [Not applicable] Page 59

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 66] (i) surrender another authority; (ii) apply to amend another authority by removing a fishery symbol; (iii) amend the authority in some other way that is not beneficial to the authority holder. (3) An application for the waiver of a prescribed fee or a requirement— (a) must be made jointly by each holder of the authority and any proposed transferee; and (b) must be made to the chief executive in the approved form; and (c) must be accompanied by— (i) the application for amendment or registration of a transfer; and (ii) sufficient documentary evidence to support the application for waiver. Examples of documentary evidence— insurance report, will, death certificate, court order (4) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application. (5) In this section— holder , of an authority of a type prescribed under section 70C, includes the personal representative of a deceased holder. 66 Permits not transferable A permit can not be transferred. Page 60 Current as at [Not applicable]

Not authorised —indicative only Subdivision 6 Fisheries Act 1994 Part 5 Fisheries management [s 67] Suspension and cancellation 67 Suspension or cancellation of authority by chief executive (1) The chief executive may suspend or cancel an authority if the chief executive is satisfied the suspension or cancellation is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. Example— The examples mentioned in section 59(1) are examples of the bases on which the chief executive may be satisfied. (2) In acting under subsection (1), the chief executive may disregard any third party interests in the authority. (3) This section does not affect the suspension or cancellation of an authority under a regulation. 68 Procedure for cancellation or suspension by chief executive (1) If the chief executive considers grounds exist under section 67(1) to suspend or cancel an authority (the proposed action ), the chief executive must give the holder of the authority a written notice that— (a) states the proposed action; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension of the authority— states the proposed suspension period; and (e) invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken. Current as at [Not applicable] Page 61

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 68A] (2) If, after considering all written representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may— (a) if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the authority— either cancel the authority or suspend it for a period. (3) The chief executive must inform the holder of the decision by written notice. (4) If the chief executive decides to suspend or cancel the authority, the notice must be an information notice for the decision. (5) The decision takes effect on the later of— (a) the day when the notice is given to the holder; or (b) the day of effect stated in the notice. (6) Compensation is not payable if the chief executive suspends or cancels an authority. (7) However, subsection (6) does not prevent a regulation providing for payment of compensation. (8) This section does not affect the suspension or cancellation of an authority under a regulation. 68A Suspension or cancellation of authority for dishonoured payment (1) If a person’s cheque for payment of the prescribed fee relating to an authority is dishonoured— (a) if the fee is for an application for the authority—the authority is void from the day it was issued; or (b) if the fee is for an application to renew the authority— the authority is suspended from the renewal date until a valid payment is made; or Page 62 Current as at [Not applicable]

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 68AB] (c) if the fee is for an application to transfer or amend the authority—the transfer or amendment does not take effect until a valid payment is made; or (d) if the fee is an annual fee—the authority is suspended from the day the fee was due until a valid payment is made; or (e) if the fee is any other prescribed fee—the authority is suspended from the day the fee was due until a valid payment is made. (2) If the State incurs expense because a person’s cheque is dishonoured— (a) the person must reimburse the State for the expense incurred; and (b) the amount of the expense may be recovered as a debt payable by the person to the State. (3) In this section— cheque includes a method of payment other than by cash. dishonoured includes not honoured on presentation. 68AB Suspension or cancellation for non-payment of fee other than because of dishonoured cheque (1) This section applies if— (a) a fee payable under this Act for or relating to an authority is not paid; and (b) the authority is not suspended under section 68A; and (c) the fee is not for an application to which section 68A(1)(c) applies. (2) The chief executive may give the holder of the authority a notice warning the holder that, under this section— (a) the authority will be suspended unless the fee is paid or a repayment agreement for the fee is made within 30 days after the giving of the notice; and Current as at [Not applicable] Page 63

Not authorised —indicative only Fisheries Act 1994 Part 5 Fisheries management [s 68AC] (b) if the authority is a commercial fisher licence—it will be cancelled unless the fee is paid or a repayment agreement for the fee is made within 90 days after the giving of the notice. (3) If the fee is not paid or a repayment agreement for the fee is not made within 30 days after the giving of the notice the authority is suspended. (4) The suspension ends if the fee is paid within 90 days after the giving of the notice. (5) If— (a) the authority is a commercial fisher licence; and (b) the fee is not paid or a repayment agreement for the fee is not made within 90 days after the giving of the notice; the authority is cancelled. (6) Otherwise, the suspension continues until and unless the fee is paid or a repayment agreement for the fee is made. (7) In this section— commercial fisher licence means an authority that, under a regulation, is described as a commercial fisher licence. repayment agreement , for a fee, means a written agreement between the holder of the authority and the chief executive for the payment of the fee. 68AC Suspension of quota entitlement for investigation (1) This section applies if— (a) an inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and (b) the chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to Page 64 Current as at [Not applicable]

Fisheries Act 1994 Part 5 Fisheries management [s 68AC] Not authorised —indicative only ensure the quota entitlement is not, or does not continue to be, contravened. (2) The chief executive may, by written notice to the holder of the quota authority, suspend a stated part of the quota entitlement for the authority for a stated period. (3) The stated period— (a) must not end more than 6 months after the day the investigation is started; and (b) must end on or before the end of the period to which the quota entitlement applies. (4) If the chief executive suspends a part of the quota entitlement for the quota authority, the quota entitlement is taken to be the amount of the quota entitlement originally granted by the quota authority less the stated part that has been suspended. (5) If the investigation ends before the stated period ends and a proceeding for an offence against this Act is not started against the holder of the quota authority— (a) the chief executive must cancel the suspension by written notice to the holder of the authority; and (b) the quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority. (6)