QueenslandFisheriesAct1994Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Fisheries (SustainableFisheries Strategy) Amendment Bill 2018. This
indicative reprint has beenprepared 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 forthe Fisheries (Sustainable Fisheries
Strategy) Amendment Bill 2018—4September
2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyFisheries Act 1994Fisheries Act
1994Part 1 Preliminary[s 1]An Act
for the management, use, development and protection offisheriesresourcesandfishhabitats,themanagementofaquaculture activities and helping to prevent
shark attacks, andfor related purposesPart 1PreliminaryDivision 1Introduction1Short
titleThis Act may be cited as theFisheries Act 1994.2CommencementThis Act
commences on a day to be fixed by proclamation.Division 2Objectives3Particular purposes of Act(1)ThemainpurposeofthisActistoprovidefortheuse,conservation and enhancement of the
community’s fisheriesresources and fish habitats in a way
that seeks to—(a)applyandbalancetheprinciplesofecologicallysustainable
development; and(b)promote ecologically sustainable
development.Current as at [Not applicable]Page
13
Fisheries Act 1994Part 1
Preliminary[s 3]Notauthorised—indicativeonly(2)In balancing the principles, each
principle is to be given therelativeemphasisappropriateinthecircumstances,havingregardtoensuringaccesstothefisheriesresourcesisallocatedinawaythatmaximisesthepotentialeconomic,social and cultural benefits to the
community.(3)Despite the main purpose of this Act,
a further purpose of thisAct is to reduce the possibility of
shark attacks on humans incoastal waters of the State adjacent
to coastal beaches used forbathing.(4)Subsections (1) and (3) do not limit
the purposes of this Act.(5)In this
section—ecologicallysustainabledevelopmentmeansusing,conservingandenhancingthecommunity’sfisheriesresources and fish habitats so that—(a)theecologicalprocessesonwhichlifedependsaremaintained; and(b)the
total quality of life, both now and in the future, canbe
improved.precautionary principlemeans the
principle that, if there is athreat of
serious or irreversible environmental damage, lack ofscientific certainty should not be used as a
reason to postponemeasurestopreventenvironmentdegradation,orpossibleenvironmental
degradation, because of the threat.principles of
ecologically sustainable developmentmeans thefollowing principles—(a)enhancing individual and community wellbeing
througheconomic development that safeguards the
wellbeing offuture generations;(b)providing fairness within and between
generations;(c)protecting biological diversity,
ecological processes andlife-support systems;(d)in making decisions, effectively
integrating fairness andshort and long-term economic,
environmental and socialconsiderations;Page 14Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 3A](e)consideringtheglobaldimensionofenvironmentalimpacts of
actions and policies;(f)consideringtheneedtomaintainandenhancecompetition, in
an environmentally sound way;(g)considering the need to develop a strong,
growing anddiversified economy that can enhance the
capacity forenvironmental protection;(h)thatdecisionsandactionsshouldprovideforbroadcommunity
involvement on issues affecting them;(i)the
precautionary principle.3AHow particular
purposes are to be primarily achieved(1)The
main purpose of this Act is to be primarily achieved byproviding for—(a)the
management and protection of fish habitats; and(b)themanagementofcommercial,charter,recreationaland indigenous
fishing; and(c)the management of aquaculture.(2)ThemainpurposeofthisActistobeachieved,sofarasispracticable—(a)in
consultation with, and having regard to the views andinterests of, all persons involved in
commercial, charter,recreationalorindigenousfishingandthecommunitygenerally; and(b)usingatransparentandresponsiveapproachtothemanagement of
access to fisheries resources.(3)ThefurtherpurposeofthisActundersection
3(3)istobeprimarilyachievedbythechiefexecutiveestablishingandmanaging a program for particular coastal
waters of the Stateadjacent to coastal beaches used for
bathing.(4)The program is theshark control
program.Current as at [Not applicable]Page
15
Fisheries Act 1994Part 1
Preliminary[s 4]Division 3InterpretationNotauthorised—indicativeonlySubdivision 1Dictionary4DefinitionsThe dictionary
in schedule 1 defines particular words used inthis Act.Subdivision 2Key
definitions5Meaning offish(1)Fishmeans an animal
(whether living or dead) of a speciesthat 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)Fishincludes—(a)prawns,crayfish,rocklobsters,crabsandothercrustaceans;
and(b)scallops, oysters, pearl oysters and
other molluscs; and(c)sponges,annelidworms,bêche-de-merandotherholothurians;
and(d)trochus and green snails.(3)However,fishdoes
not include—(a)crocodiles; or(b)protectedanimalsundertheNatureConservationAct1992; or(c)pests under thePest Management
Act 2001; or(d)animals prescribed by regulation not to be
fish.Page 16Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 7](4)Fishalso
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 offish; and(d)coral, coral limestone, shell grit or star
sand; and(e)freshwaterorsaltwaterproductsdeclaredunderaregulation to be fish.(5)A regulation under subsection (4)(e)
may declare a product tobe fish only—(a)for
a particular provision of this Act; or(b)if
the product is used for a particular purpose.(6)Subsection (5)doesnotlimittheStatutoryInstrumentsAct1992, section 24 or
25.7Meaning offisheryFisheryincludes
activities by way of fishing, including, forexample,
activities specified by reference to all or any of thefollowing—(a)a
species of fish;(b)a type of fish by reference to sex,
size or age or anothercharacteristic;(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 notthe activity
involves fishing;(i)anything else prescribed by
regulation.Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 8]8Meaning ofmarine plant(1)Marine plantincludes the
following—(a)a plant (atidal
plant) that usually grows on, or adjacentto,tidalland,whetheritisliving,dead,standingorfallen;(b)material of a tidal plant, or other plant
material on tidalland;(c)a
plant, or material of a plant, prescribed by regulationto
be a marine plant.(2)Marine plantdoes not include
a plant that is—(a)prohibitedmatterorrestrictedmatterundertheBiosecurity Act 2014; orNotes—1See
theBiosecurity Act 2014, schedule 1 or
schedule 2.2See also the note to theBiosecurity Act 2014, schedules
1and 2.(b)controlledbiosecuritymatterorregulatedbiosecuritymatter under
theBiosecurity Act 2014.Division 4Operation of
Act10Act binds all personsThis
Act binds all persons, including the State.11General application of Act(1)This Act applies to persons, things,
acts and omissions on orin—(a)land
within the limits of the State; and(b)Queensland waters.(2)However, this Act does not apply to—Page
18Current as at [Not applicable]
Fisheries Act 1994Part 1
Preliminary[s 11]Notauthorised—indicativeonly(a)activitiestowhichaCommonwealthlawcooperativefishery applies;
or(b)thetakingoffish,withinthemeaningoftheTorresStrait Fisheries
Act 1984(Cwlth), for the purposes of aCommonwealth law Torres Strait cooperative
fishery; or(c)thelandinginQueenslandoffishtakenunderaCommonwealthfishingconcessionasmentionedinsection 10(2)(c) of the Commonwealth
Fisheries Act; or(d)exclusiveCommonwealthmattersforaStatelawcooperative fishery; or(e)thetakingandkeepingoffishunderacollectionauthority issued
under theBiodiscovery Act 2004.(3)This Act also applies to—(a)recreationalfishingcarriedoninthepartoftheAustralianfishingzonethatistheadjacentareaforQueensland by the use of an Australian boat;
and(b)activities in the Australian fishing
zone to which a Statelaw cooperative fishery
applies.(4)Subsection (3)(a)doesnotapplytorecreationalfishingregulated by a Commonwealth plan of
management.(5)Subsection (3)(b) does not apply to
exclusive Commonwealthmatters for the State law cooperative
fishery.(6)In this section—adjacent
areafor Queensland has the meaning given by
thePetroleum (Submerged Lands) Act 1967(Cwlth).AustralianfishingzonehasthemeaninggivenbytheCommonwealth
Fisheries Act.CommonwealthfishingconcessionmeansafishingconcessionwithinthemeaningoftheCommonwealthFisheries
Act.CommonwealthlawcooperativefisherymeansaCommonwealth–StatefisherymanagedunderCommonwealth law.Current as at
[Not applicable]Page 19
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 12]Commonwealth law
Torres Strait cooperative fisherymeansafisherymanagedunderCommonwealthlawunderanarrangement under theTorres Strait
Fisheries Act 1984, part3.CommonwealthplanofmanagementmeansaplanofmanagementwithinthemeaningoftheCommonwealthFisheries
Act.exclusive Commonwealth matter,
for a State law cooperativefishery, means
any of the following matters—(a)foreign boats;(b)operations on and from foreign boats;(c)persons on foreign boats;(d)foractivitiesintheAustralianfishingzone—mattersthathappenedbeforetheCommonwealth–StatearrangementforthefisherytookeffectifCommonwealth law applies to the
matters.recreationalfishinghasthesamemeaningasintheCommonwealth
Fisheries Act.State law cooperative fisherymeans a Commonwealth–Statefishery managed in accordance with State
law.12When Act does not applyThis
Act does not apply to—(a)theunintentionaltakingofregulatedfishormarineplantsifthefishorplantsarenotintentionallyorrecklessly injured or damaged and are
immediately putback; or(b)the
unintentional possession of regulated fish or marineplantsbyapersonifthefishorplantsarenotintentionally or recklessly injured or
damaged and thepersoncannot,becauseofcircumstancesbeyondtheperson’s control, put the fish or
plants back immediatelythey come into the person’s
possession; orPage 20Current as at
[Not applicable]
Fisheries Act 1994Part 1
Preliminary[s 13](c)theuseofahandnettoliftfromwaterfishtakenbyother fishing apparatus; or(d)the use of a gaff to secure fish taken
by other fishingapparatus.Notauthorised—indicativeonly13Exemptions from Act(1)AregulationmayexemptapersonfromthisActoraprovision of
this Act.Examples—1A
regulation may exempt a person who keeps live fish, for sale,
ina pet shop or restaurant from all provisions
of the Act.2A regulation may exempt a person from
all provisions of the Actfor the use or possession of specified
fishing apparatus.(2)Theexemptionmaybegivenonconditionsstatedintheregulation.(3)Apersonmustnotcontraveneaconditionofanexemptionthat applies to
the person.Maximum penalty for subsection (3)—200
penalty units.14Defence for Aborigines and Torres
Strait Islanders forparticular offences(1)It
is a defence in a proceeding against a person for an offenceagainstthisActrelatingtothetaking,usingorkeepingoffisheries resources, or the using of fish
habitats, for the personto prove—(a)thepersonisanAborigine,whoatthetimeoftheoffencewasactingunderAboriginaltradition,ortheperson is a Torres Strait Islander,
who at the time of theoffence was acting under Island
custom; and(b)the taking, using or keeping of the
fisheries resources, ortheusingofthefishhabitats,wasforthepurposeofsatisfyingapersonal,domesticornon-commercialcommunalneedoftheAborigineorTorresStraitIslander; andCurrent as at
[Not applicable]Page 21
Notauthorised—indicativeonlyFisheries Act 1994Part 1
Preliminary[s 14](c)depending on whichever of the following
applies—(i)foranoffencerelatingtothetakingorusingoffisheries resources, or the using of fish
habitats—thetakingorusingofthefisheriesresources,orusingofthefishhabitats,wascarriedoutusingprescribedfishingapparatusinwatersotherthanprescribed
waters;(ii)for an offence
relating to the keeping of fisheriesresources—(A)the
fisheries resources kept were taken usingprescribed
fishing apparatus in waters otherthan prescribed
waters; and(B)atthetimeoftheoffence,thefisheriesresources were
not in prescribed waters.(2)However,subsection (1)issubjecttoaprovisionofaregulationthatexpresslyappliestoactsdoneunderAboriginal
tradition or Island custom.(3)In
this section—prescribed fishing apparatusmeans—(a)fishing apparatus that is recreational
fishing apparatusunder a regulation or declaration; or(b)fishing apparatus that is used under
Aboriginal traditionorIslandcustom,andprescribedspecificallyunderaregulation for the purpose of this
section.prescribed watersmeans
waters—(a)thatareregulatedwatersunderaregulatedwatersdeclaration; and(b)that
are prescribed specifically under a regulation for thepurpose of this section; and(c)where the taking of any fish, or the
possession of anyfish taken, by any person is
prohibited.Page 22Current as at
[Not applicable]
Part
2Fisheries Act 1994Part 2 Functions
of Minister[s 15]Functions of
MinisterNotauthorised—indicativeonlyDivision 1Harvest
strategiesSubdivision 1Preliminary15Definitions for divisionIn this
division—approved harvest strategy policymeans the document called‘Queensland Harvest Strategy Policy’—(a)approved by the Minister; and(b)published on the department’s
website.public noticemeans a notice
published—(a)inanewspapercirculatinggenerallythroughoutQueensland;
and(b)on the department’s website.Subdivision 2Harvest
strategy16Approval of harvest strategy(1)The Minister may approve a harvest
strategy prepared by thechief executive if the Minister is
satisfied—(a)the harvest strategy is consistent
with the main purposeof this Act; and(b)this
subdivision has been complied with for the harveststrategy.(2)As
soon as practicable but no more than 3 months after thechief executive gives the Minister a harvest
strategy preparedunder this subdivision, the Minister
must—Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 17](a)approve the harvest strategy; or(b)approvetheharveststrategysubjecttostatedchangesbeing made to the strategy; or(c)decide not to approve the harvest
strategy.(3)IftheMinisterapprovestheharveststrategy(includingsubject to
stated changes being made), a copy of the approvedharveststrategymustbepublishedonthedepartment’swebsite.(4)TheMinistermustgivepublicnoticeoftheMinister’sdecisionundersubsection(2)within14daysafterthedecision 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 (includingsubjecttostatedchangesbeingmade)—thatacopyoftheapprovedharveststrategyisavailableonthedepartment’s website.17Preparation and notice of draft
harvest strategy(1)The chief executive may prepare a
harvest strategy complyingwith section 19 for a fishery.(2)Inpreparingthedraftharveststrategy,thechiefexecutivemust
comply with the approved harvest strategy policy.(3)The chief executive must give public
notice of the draft harveststrategy
stating—(a)the fishery to which the draft harvest
strategy applies;and(b)that a copy of
the draft harvest strategy is available forinspection,
without charge—(i)during normal business hours at each
office of thedepartment; and(ii)on
the department’s website; andPage 24Current as at [Not applicable]
Fisheries Act 1994Part 2 Functions
of Minister[s 18](c)thatwrittensubmissionsmaybemadetothechiefexecutive about
the draft harvest strategy within a statedreasonable
period of at least 28 days after the notice ispublished on the
department’s website.Notauthorised—indicativeonly18Preparation and submission of final
harvest strategy(1)Thissectionappliesifthechiefexecutivepreparesadraftharvest strategy
for a fishery under section 17.(2)Thechiefexecutivemustprepareafinalharveststrategycomplying with
section 19 for the fishery.(3)The
final harvest strategy must be prepared having regard toeach
submission made about the draft harvest strategy withinthe
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)thesubmissionsmadeaboutthedraftharveststrategywithintheperiodstatedinthepublicnotice, including, whether any changes were
madeto the draft harvest strategy because of any
of thesubmissions; and(ii)otherconsultationundertakenbythechiefexecutiveinpreparingthedraftorfinalharveststrategy.19Content of harvest strategy(1)The draft and final harvest strategy
must state—(a)the fishery to which it applies;
and(b)theecological,economicandsocialobjectivesforthefishery; and(c)theallocationofaccesstofisheriesresourcesforthefishery—Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 20](i)to
each fishing sector; and(ii)toanotherpurposeorgroupofpersons(ifany);and(d)aframeworkforthemanagementofthefishery,including—(i)thetargetsandlimitsformaintainingfisheriesresourcesatlevelsthatachievetheecological,economic and
social objectives for the fishery; and(ii)thetriggersforwhen
actionmustbetakenunderthisActtoensuretheecological,economicandsocialobjectivesforthefisheryarebeingachieved;
and(iii)howtheperformanceofthefisheryagainstthematters mentioned in subparagraphs (i)
and (ii) isto be measured; and(iv)action that must be taken under this Act to
ensurethe ecological, economic and social
objectives forthe fishery are being achieved.(2)The draft and final harvest strategy
may also—(a)statewhentheperformanceofthefisherymustbeassessed under section 25; or(b)state when the harvest strategy must
be reviewed undersection 26, which must be at least once
every 5 years; or(c)provideforothermattersforachievingthemainpurpose of this
Act.Subdivision 3Amendment of
harvest strategy20Amendment of harvest strategy(1)TheMinistermayapproveanamendmentofanapprovedharvest strategy
prepared by the chief executive if the Ministeris
satisfied—Page 26Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 21](a)theharveststrategy,asamended,wouldbeconsistentwith the main
purpose of this Act; and(b)thissubdivisionhasbeencompliedwithfortheamendment.(2)As
soon as practicable but no more than 3 months after thechiefexecutivegivestheMinisteranamendmentofanapproved harvest strategy prepared
under this subdivision, theMinister
must—(a)approve the amendment; or(b)approve the amendment subject to
stated changes beingmade to the amendment; or(c)decide not to approve the
amendment.(3)If the Minister approves the amendment
(including subject tostatedchangesbeingmade),acopyoftheapprovedamendment,andacopyoftheapprovedharveststrategyincludingtheamendment,mustbepublishedonthedepartment’s website.(4)TheMinistermustgivepublicnoticeoftheMinister’sdecisionundersubsection(2)within14daysafterthedecision is made.(5)The
public notice must state—(a)the reasons for
the Minister’s decision; and(b)iftheMinisterapprovestheamendment(includingsubjecttostatedchangesbeingmade)—thatacopyoftheapprovedamendment,andacopyoftheapprovedharvest strategy
including the approved amendment, isavailable on the
department’s website.21Preparation and
notice of draft amendment(1)Thechiefexecutivemayprepareanamendmentofanapproved harvest strategy.(2)Inpreparingthedraftamendment,thechiefexecutivemustcomply with the
approved harvest strategy policy.Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 22](3)Thechiefexecutivemustgivepublicnoticeofthedraftamendment stating—(a)the
approved harvest strategy to which the amendmentapplies; and(b)thatacopyofthedraftamendmentisavailableforinspection, without charge—(i)during normal business hours at each
office of thedepartment; and(ii)on
the department’s website; and(c)thatwrittensubmissionsmaybemadetothechiefexecutiveaboutthedraftamendmentwithinastatedreasonable
period of at least 28 days after the notice ispublished 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.22Preparation and submission of final
amendment(1)Thissectionappliesifthechiefexecutivepreparesanamendment of an approved harvest strategy
under section 21.(2)Thechiefexecutivemayprepareafinalamendmentoftheharvest
strategy.(3)The final amendment must be prepared
having regard to eachsubmission made about the draft
amendment within the periodstated 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
amendmentwithintheperiodstatedinthepublicnotice,including,
whether any changes were made to thePage 28Current as at [Not applicable]
Fisheries Act 1994Part 2 Functions
of Minister[s 23]draftamendmentbecauseofanyofthesubmissions; and(ii)otherconsultationundertakenbythechiefexecutiveinpreparingthedraftorfinalamendment.Notauthorised—indicativeonlySubdivision 4Implementation
of harvest strategy23Action under Act must be consistent
with harveststrategy(1)ThechiefexecutiveoranotherpersoninvolvedintheadministrationofthisActmustnotmakeadecisionordoanotherthingunderthisActthatisinconsistentwithanapproved harvest strategy.(2)Subsection(1)doesnotapplytoapersonactingunderadirection given under section 24.24Ministerial direction about action
inconsistent withharvest strategy(1)The
Minister may direct the chief executive or another personinvolved in the administration of this Act
to make a decisionor do another thing under this Act that is
inconsistent with anapproved harvest strategy if—(a)the chief executive or other person is
authorised to makethe decision or do the thing under this Act;
and(b)the Minister is satisfied making the
decision or doing thething is consistent with the main
purpose of this Act.(2)Thechiefexecutiveorotherpersonmustcomplywiththedirection.(3)The
direction remains in force for 3 months after it is given.(4)The Minister must give public notice
of the direction within 14days after the direction is
given.(5)The public notice must state—Current as at [Not applicable]Page
29
Fisheries Act 1994Part 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.Notauthorised—indicativeonlySubdivision 5Reviews relating
to harvest strategy25Assessment of performance of
fishery(1)The chief executive must assess the
performance of a fisheryagainst the approved harvest strategy
for the fishery.(2)The assessment must be
conducted—(a)if the harvest strategy states when
the assessment mustbe conducted—at the stated time; or(b)otherwise—annually.(3)ThechiefexecutivemustgivetheMinisterawrittenreportabouttheassessmentwithin21daysaftercompletingtheassessment.(4)The
report must state the action the chief executive considersshouldbetakentoaddressanyconcernsabouttheperformance of the fishery against the
harvest strategy.(5)Unless the Minister directs otherwise
within 21 days after theMinister is given the report, the
chief executive must take theactionmentionedinsubsection(4)assoonaspracticableafter the 21
days have passed.26Review of harvest strategy(1)Thechiefexecutivemustrevieweachapprovedharveststrategy to assess whether it is achieving
the main purpose ofthis Act in an appropriate and effective
way.(2)The review must be conducted—(a)iftheharveststrategystateswhenthereviewmustbeconducted—at the stated time;
orPage 30Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 27](b)otherwise—within 5 years after the harvest
strategy wasapproved by the Minister or, if applicable,
the last timethe harvest strategy was reviewed.(3)ThechiefexecutivemustgivetheMinisterawrittenreportabout the review within 21 days after
completing the review.(4)The report must
state the action the chief executive considersshouldbetakentoaddressanyconcernsabouttheharveststrategy,
including, for example—(a)whether the
harvest strategy should be amended and, ifso, how;
and(b)whethertheMinistershouldissueadirectionundersection24ormakeareallocationdecisionunderdivision
2.Division 2Resource
reallocation27Reallocation decision(1)TheMinistermaydecidetoreallocateaccesstofisheriesresourcesforafisheryiftheMinisterissatisfiedthereallocation is necessary to maximise the
potential economic,social and cultural benefits to the
community.(2)TheMinistermaymakeadecisionundersubsection(1)(areallocation decision) on
application by a person (including,forexample,thechiefexecutiveofadepartment)orontheMinister’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 theMinister under
section 29 to help the Minister make thedecision;
andCurrent as at [Not applicable]Page
31
Notauthorised—indicativeonlyFisheries Act 1994Part 2 Functions
of Minister[s 28](e)other entities the Minister considers
appropriate.(4)IftheMinistermakesareallocationdecision,thechiefexecutivemustgivepublicnoticeofthedecisionwithin14days
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 Actto implement the reallocation
decision.(6)In this section—reallocation,inrelationtoaccesstofisheriesresources,meansareallocationoftheentitlementtotakethefisheriesresources—(a)from
a fishing sector to another fishing sector; or(b)fromafishingsectortoanotherpurposeorgroupofpersons; or(c)from
a purpose or group of persons to a fishing sector oranother purpose or group of persons.28Chief executive to implement
reallocation decision(1)The chief
executive must take all necessary steps to give effectto a
reallocation decision, including, for example—(a)preparinganamendmentofanapprovedharveststrategy and giving it to the Minister for
approval underdivision 1; or(b)makingoramendingadeclarationunderpart5,division 1.(2)In
acting under subsection (1), the chief executive may advisetheMinisterof,andseektheMinister’sapprovalfor,alternative ways
to give effect to the Minister’s decision.Page 32Current as at [Not applicable]
Division 3Fisheries Act
1994Part 3 Shark control program[s
29]Ministerial advisory bodiesNotauthorised—indicativeonly29Minister may establish advisory
bodiesTheMinistermayestablishanadvisorycommitteeorotherbody to help the
Minister in the administration of this Act.Part 3Shark control program30Management of shark control program(1)The chief executive must establish and
manage a shark controlprogram for the coastal waters of the
State the chief executiveconsiders necessary or
desirable.(2)The shark control program may be
established and manageddespite the main purpose of this Act
under section 3(1).(3)To remove any doubt, it is declared
that it is not a function ofthe chief
executive to establish or manage the shark controlprogram other than to the extent mentioned
in subsection (1).31Exclusion zone(1)Apersonmustnot,withoutareasonableexcuse,beintheexclusion zone for shark control
apparatus.Maximum penalty—200 penalty units.Note—Thelocationsofsharkcontrolapparatusareavailableonthedepartment’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 theexclusion zone for shark control
apparatus for—(a)installing, repairing or maintaining
the apparatus; or(b)freeinganimals,personsorthingscaughtintheapparatus.Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyFisheries Act 1994Part 4 Accepted
development requirements[s 32](3)Also, subsection (1) does not apply to a
person on a boat thattransitsthroughtheexclusionzoneforsharkcontrolapparatus—(a)inastraightlineorinthemostappropriateordirectroute,takingintoaccountthecircumstancesofthewaters; and(b)without stopping.(4)In
this section—exclusion zone, for shark
control apparatus, means the areawithin 20m of
the shark control apparatus.shark control
apparatusmeans any thing placed in or nearwaterbythechiefexecutiveaspartofthesharkcontrolprogram, including, for example—(a)a net or line; and(b)a
buoy, float, hook, sinker or other thing connected to orotherwise associated with a net or
line.Part 4Accepted
developmentrequirements32Accepted development requirements for
Planning ActA regulation may, for the Planning Act,
state the requirements(theaccepteddevelopmentrequirements)thatfisheriesdevelopment must comply with to be
categorised as accepteddevelopment under that Act.Page
34Current as at [Not applicable]
Notauthorised—indicativeonlyPart
5Fisheries Act 1994Part 5 Fisheries
management[s 33]Fisheries
managementDivision 1Chief executive
declarationsSubdivision 1Fisheries
declarations33Power to make declarations(1)The chief executive may make the
declarations mentioned inthis subdivision (each afisheries declaration).(2)A fisheries declaration may be made to
protect things that arenot fish.Example—Adeclarationmayregulatetakingorpossessingfishinanareatoprotect dugong in the area.(3)Afisheriesdeclarationmadeunderthissubdivisionissubordinate legislation.34Regulated fish declarationAfisheriesdeclaration(aregulatedfishdeclaration)mayregulatethetaking,purchase,sale,possessionoruseofparticular
fish.Examplesofmattersthatmayberegulatedunderaregulatedfishdeclaration—1A
limit may be placed on the size or number of a species or type
offish that may be taken, purchased, sold,
used or possessed.2The taking, possessing or selling of
fish of a particular species ortype may be
prohibited.3The fish may be regulated by way of
fillet size or other form inwhich they may
be possessed after they are taken.Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 35]35Regulated waters declaration(1)A fisheries declaration (aregulated waters declaration)
mayregulate all or any of the following in
particular waters—(a)the taking or possessing of
fish;(b)engaging in stated activities;(c)usingorpossessingaboat,aquaculturefurniture,fishing
apparatus or anything else.(2)However, a regulated waters declaration does
not apply to anactivityauthorisedbyadevelopmentapprovalunlessthedeclaration expressly states that it applies
to the activity.36Other fisheries declarations(1)Afisheriesdeclaration(aregulatedfishingapparatusdeclaration)mayregulatethepurchase,sale,possessionoruse
of particular fishing apparatus.(2)Afisheriesdeclaration(aregulatedfishingmethoddeclaration) may regulate
how fish may be taken.Subdivision 2Quota
declarations37Quota declaration(1)Thechiefexecutivemaymakeadeclaration(aquotadeclaration) about the
total quota entitlement for a fishery orpart of a
fishery.(2)A regulation may provide for the
proportion of the total quotaentitlement
allocated for each quota authority for the fisheryor
part of the fishery.(3)Thetotalquotaentitlement,andthequotaentitlementforaquotaauthority,maybebyreferenceto1ormoreofthefollowing—(a)an
amount of fish;(b)an amount of effort;Page
36Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 38](c)another matter prescribed by
regulation.(4)Aquotadeclarationmadeunderthissubdivisionissubordinate legislation.Notauthorised—indicativeonlySubdivision 3Other
declarations38Urgent declarationThechiefexecutivemaymakeafisheriesdeclarationoraquotadeclaration(ineithercaseanurgentdeclaration)underthissubdivisionifthechiefexecutiveissatisfiedthaturgent action is needed—(a)to
deal with a significant threat to fisheries resources ora
fish habitat; or(b)to deal with a significant threat
caused by fishing to athing that is not fish; or(c)for another emergency.39Authorising declaration(1)This section applies if—(a)any of the following happens—(i)a natural disaster, accident or other
event;(ii)thechiefexecutivemakesanurgentdeclaration;and(b)the chief executive is
satisfied—(i)becauseoftheeventordeclaration,holdersofparticularauthoritiesarepreventedfromdoingthingsauthorisedundertheauthoritiesforatemporary period to an extent that
their entitlementundertheauthoritiesissignificantlydecreased;and(ii)urgent action is
needed to authorise the doing of astated thing for
the temporary period to maintainCurrent as at
[Not applicable]Page 37
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 40]continuous
access to fisheries resources or to offsetthe decrease in
entitlement; and(iii)authorisingthedoingofthestatedthingforthetemporary
period—(A)doesnotcreateanunacceptablerisktofisheries resources or fish habitat;
and(B)isconsistentwiththeprinciplesofecologically sustainable development.(2)The chief executive may make a
declaration (anauthorisingdeclaration)thatauthorisesholdersoftheparticularauthorities to
do the stated thing for the temporary period.Examples of what
an authorising declaration may authorise—1taking of stated fish in a stated area as if
the particular authoritiesauthorised the taking of the fish in
the area2usingstatedfishingapparatusinastatedfisheryundertheparticularauthoritiesdespitearegulatedfishingapparatusdeclaration40Making urgent declaration or authorising
declaration(1)Thechiefexecutivemakesanurgentdeclarationorauthorising declaration by publishing it on
the department’swebsite.(2)The
urgent declaration or authorising declaration must—(a)statewhetheritisanurgentdeclarationoranauthorising 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 ensurepersonswhomaybeaffectedbytheurgentdeclarationorauthorising declaration are made aware of
the declaration.Examples of steps the chief executive may
take—1publishing notice of the declaration
(or a copy of the declaration)in relevant
newspapers or on social mediaPage 38Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 41]2electronically communicating notice of the
declaration (or a copyof the declaration) to holders of
relevant authorities, including, forexample, by
email or SMS(4)TheStatutoryInstrumentsAct1992,sections
49,50and51apply to an urgent declaration or
authorising declaration as ifit were
subordinate legislation.41Duration of
urgent declaration or authorising declaration(1)Thechiefexecutivemustrepealanurgentdeclarationorauthorising declaration as soon as
practicable after the chiefexecutive is
satisfied the reason for making it no longer exists.(2)Unlessitisearlierrepealed,theurgentdeclarationorauthorising declaration expires 3 months
after it is made.(3)However, if the urgent declaration or
authorising declarationisinconsistentwitharegulationoradeclarationundersubdivision1or2,theurgentdeclarationorauthorisingdeclaration
expires 21 days after it is made unless it is earlierrepealed.Subdivision
4Relationships between regulationsand
declarations42Relationships between regulations and
declarations(1)Ifthereisaninconsistencybetweenaregulationandadeclaration under subdivision 1 or 2,
the regulation prevailsto the extent of the
inconsistency.(2)Ifthereisaninconsistencybetweenadeclarationundersubdivision3andaregulationoradeclarationundersubdivision1or2,thedeclarationundersubdivision3prevails to the extent of the
inconsistency.(3)If there is an inconsistency between
an urgent declaration andan authorising declaration, the urgent
declaration prevails tothe extent of the
inconsistency.Current as at [Not applicable]Page
39
Fisheries Act 1994Part 5 Fisheries
management[s 43](4)Ifthereisaninconsistencybetween2ormoreurgentdeclarations,themorerecentlymadeurgentdeclarationprevails to the
extent of the inconsistency.(5)Ifthereisaninconsistencybetween2ormoreauthorisingdeclarations,
the more recently made authorising declarationprevails to the
extent of the inconsistency.Notauthorised—indicativeonlyDivision 2Compensation for
particularregulatory amendmentSubdivision
1Right to compensation in particularcircumstances43Right to compensation(1)This
section applies to a person if—(a)thepersonis,otherthanbecauseofatemporarytransfer,theholderofanauthority(theeligibleauthority)
that—(i)isalicence,oraquotaauthorityoranotherauthority to
which a quota entitlement applies; and(ii)authorises the taking of fish for trade or
commerceinafisherydescribedunderaregulationasacommercial fishery; and(b)aregulation,orafisheriesdeclarationorquotadeclarationotherthananurgentdeclaration,isamended (therelevant
amendment); and(c)becauseoftherelevantamendment,anentitlementtotakefisheriesresourcesthatthepersonhadundertheeligibleauthorityimmediatelybeforetherelevantamendment
commences is lost or reduced.(2)Subjecttosections 44and48D,thepersonisentitledtobepaidcompensationbytheStateforthevalueofthelossorreduction.Page 40Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 44](3)However,thecompensationisonlypayableif,undersubdivision2,aclaimforthecompensationhasbeenmadeand
the chief executive has decided to grant the claim.(4)Thissectiondoesnotpreventaregulation,fisheriesdeclarationorquotadeclarationprovidingforpaymentofcompensationforthemaking,amendmentorrepealofanurgent declaration.(5)In this section—amend,inrelationtoaregulation,fisheriesdeclarationorquota declaration, includes—(a)make; and(b)repeal.44Limits to compensation payable(1)The entitlement under section 43
arises only if the cause, orone of the
causes, of the loss or reduction was—(a)areallocation,undertherelevantamendment,oftheentitlement to take fisheries
resources to persons who donot hold an
authority to which section 43 applies; or(b)arestrictionorprohibition,undertherelevantamendment, of
the exercise of the entitlement in an area,ifthepurposeoftherestrictionorprohibitionwastoprotect a thing that is not
fish.(2)Compensation is not payable for the
loss or reduction if—(a)compensationundersection 43hasalreadybeenpaidfor the loss or
reduction to a previous or another holderof the eligible
authority; or(b)compensation is payable for a similar
loss or reductionof an entitlement under another Act or law
of the State,another State or the Commonwealth.Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 45]45No
general right to compensation(1)Toremoveanydoubt,itisdeclaredthat,otherthanasprovidedforundersection
43,noonehasanentitlementunderorinrelationtothisActtoclaimortobepaidanamount from the State for or in
connection with—(a)themaking,amendmentorrepealofaregulationordeclaration; or(b)somethingpreviouslypermittedunderaregulationordeclarationbecomingprohibitedorregulatedbecauseof
an amendment to the regulation or declaration.(2)Subsection (1)applieswhethertheamountisclaimedascompensation, reimbursement or
otherwise.Subdivision 2Claiming and
payment ofcompensation46Application of subdivisionThis
subdivision applies for a claim for compensation undersection 43.47Requirements 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)theentitlementtotakefisheriesresourcesthesubject of the claim;(ii)the
ground under section 44(1) on which the claimis made;(iii)the amount of
the compensation claimed;(iv)how the claimant
has worked out the amount.Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 48](2)Theclaimmustbemadewithin6monthsafterthedaytherelevant amendment commences.48Chief executive may require claimant
to give furtherinformation(1)Thechiefexecutivemay,bywrittennoticetotheclaimant,require the claimant to give the chief
executive within a statedreasonable period—(a)additional information about, or a document
relating to,the claim; or(b)a
statutory declaration verifying information included intheclaimoradditionalinformationrequiredunderparagraph
(a).(2)Thenoticemaybegivenatanytimebeforetheclaimisdecided.(3)If
the claimant does not comply with the requirement withinthe
following period, the claimant is taken to have withdrawnthe
claim—(a)generally—the period stated in the
notice;(b)if,withintheperiodstatedinthenotice,thechiefexecutive agrees
in writing to a longer period to complywith the
requirement—the longer period.48ADeciding claim(1)Subjecttosections 48Band48C,thechiefexecutivemust,withinareasonableperiodafterthemakingoftheclaim,decide—(a)to grant or refuse the claim;
and(b)ifthechiefexecutivedecidestogranttheclaim—theamount of the
compensation payable.(2)If the chief
executive decides to refuse the claim or decides anamount of compensation that is less than the
amount claimedCurrent as at [Not applicable]Page
43
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 48B]or agreed to by
the claimant, the chief executive must give theclaimant an
information notice for the decision.(3)In
deciding what is a reasonable period for subsection (1), thechief executive must have regard to—(a)whetherthechiefexecutivemayneedtogiveanoticeundersection48orobtainotherinformationorevidence under section 48B; and(b)theperiodthatmaybeneededtoconsidertheinformation or document the subject of the
notice or theinformation or evidence that may need to be
obtained.48BChief executive may obtain information
or evidence fromother persons(1)Beforemakingthedecisionundersection48A,thechiefexecutive may
obtain from a person other than the claimantthefurtherinformationorevidencethechiefexecutiveconsiders necessary to make the
decision.(2)If the chief executive obtains further
information or evidenceunder subsection (1) and the chief
executive proposes to acton the information or evidence
adversely to the claimant—(a)thechiefexecutivemustgivetheclaimantawrittennotice
stating—(i)the further information or evidence;
and(ii)thattheclaimantmayrespondinwritingtothefurtherinformationorevidencewithinastatedreasonableperiodafterthegivingofthenotice;and(b)the chief executive must not make the
decision unless theclaimant has given the response or the
following periodhas ended—(i)generally—the period stated in the
notice;(ii)if, within the
period stated in the notice, the chiefexecutive agrees
in writing to a longer period forthe giving of
the response—the longer period.Page 44Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 48C]Notauthorised—indicativeonly48CAmount 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 therelevantcommencement—thedifferencebetweenitsmarketvalueimmediatelybeforetherelevantcommencementanditsmarketvalueimmediatelyafter the
relevant commencement; or(ii)if,undertherelevantamendment,theeligibleauthorityended—itsmarketvalueimmediatelybefore the
relevant commencement; and(b)theloss,fornomorethan3yearsfromtherelevantcommencement, of
probable taxable income from fishinglostorreducedbecauseofthelostorreducedentitlement to
take fisheries resources the subject of theclaim.(2)Inworkingoutthemarketvalueimmediatelybeforetherelevantcommencement,anyreductioninthevalueoftheeligible authority caused by the
making, or the prospect of themaking, of the
relevant amendment must be disregarded.(3)In
working out the lost or reduced fishing income, regard maybehadonlytoincomefromfishingundertheeligibleauthority as
stated in taxation returns lodged by the claimantand
relevant notices of assessment accompanying the claim orgiven 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 solecause of the
loss or reduction claimed; and(b)the
other cause or causes of the loss or reduction werenotcausesforwhichcompensationmaybeclaimedunder
subdivision 1.(5)The chief executive may reduce the
amount worked out undersubsection (1) to reflect the other
cause or causes.(6)In this section—Current as at
[Not applicable]Page 45
Fisheries Act 1994Part 5 Fisheries
management[s 48D]relevantcommencementmeanswhentherelevantamendment
commenced.taxable incomemeans taxable
income under the Income TaxAssessment Act
1997 (Cwlth).Notauthorised—indicativeonly48DRestriction on
payment if someone other than theclaimant has a
registered interest in the eligible authority(1)This
section applies if—(a)theclaimandanamountofcompensationhasbeendecided under
this subdivision; and(b)apersonotherthantheclaimanthasaregisteredinterest in the
eligible authority.(2)Thechiefexecutivemustnotpaytheclaimanttheamountunlesstheotherpersonhasagreedinwritingtothechiefexecutive making
the payment.Division 3Authorities
issued under ActSubdivision 1General49Authorities that may be issued(1)The chief executive may issue the
following authorities underthis Act—(a)a licence;(b)a
permit;(c)a quota authority;(d)a
resource allocation authority;(e)another authority prescribed by
regulation.(2)Aregulationmayprovidethatanauthorityofaparticularkind may or may
not be issued for a stated activity or thing.Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 52]52Things authorised by authorities(1)An authority authorises the holder of
the authority to do thethings permitted under a regulation or
declaration or stated inthe authority.(2)A
regulation or declaration, or the authority itself, may alsoauthoriseotherpersonstodoalloranyofthethingsauthorised 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 anyoneelse
(other than an inspector) to enter, or remain on, someoneelse’s land.(4)Also, a resource allocation authority does
not confer on theholder—(a)any
right of ownership or tenure over the land, waters orresources mentioned in the authority;
or(b)the right to carry out the development
mentioned in theauthority,unlessthedevelopmentisalsoauthorisedunder the
Planning Act.Note—See also section
76T and the Planning Act, section 163.53Form,
content and term of authoritiesAn
authority—(a)must be in the approved form;
and(b)mustcontaintheparticularsdecidedbythechiefexecutive; and(c)is
issued—(i)for the term stated in it; or(ii)ifnotermisstatedintheauthority—untilitiscancelledorsurrenderedoritotherwiseexpiresunder this Act.Current as at
[Not applicable]Page 47
Fisheries Act 1994Part 5 Fisheries
management[s 54]Subdivision
2Issue and renewalNotauthorised—indicativeonly54Application 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 thefurther relevant information or
evidence the chief executiverequires to
decide the application.55Consideration of
application for issue of authority(1)The
chief executive must consider an application for the issueof
an authority and may issue the authority or refuse to issueit.(2)Inconsideringtheapplication,thechiefexecutivemustcomply with any
relevant regulation or declaration.56Application for renewal of authority (other
than permit)(1)The holder of an authority (other than
a permit) may apply forits renewal to the chief
executive.(2)Also,apersonmayapplytorenewanexpiredformerauthority if—(a)the
person held the former authority immediately beforeits
expiry; and(b)the application is—(i)foranauthorityofthesametype,andonsubstantiallythesameterms,astheformerauthority; and(ii)made
within 3 months after the expiry.(3)However,thechiefexecutivemay,atanytime,extendtheperiod for applying to renew an
expired former authority.Page 48Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 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 thefurther relevant information or
evidence the chief executiverequires to
decide the application.57Permit not
renewable(1)A permit can not be renewed.(2)However,theholdermayapplyfortheissueofanotherpermit.(3)Compensation is not payable if the
chief executive refuses toissue another permit.(4)However,subsection
(3)doesnotpreventaregulationproviding for
payment of compensation.58Consideration of
application for renewal of authority(other than
permit)(1)The chief executive must consider an
application for renewalofanauthority(otherthanapermit)andmayrenewtheauthority or refuse to renew it.(2)Inconsideringtheapplication,thechiefexecutivemustcomply with any
relevant regulation or declaration.(3)Iftheapplicationisanapplicationundersection 56(2)torenewanexpiredformerauthorityandthechiefexecutivedecides to renew it—(a)thechiefexecutivemustfixthetermoftherenewedauthorityfromthedayaftertheformerauthorityexpired; but(b)the
renewed authority takes effect only from the day therenewed authority is issued.Current as at [Not applicable]Page
49
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 59]59Refusal to issue or renew(1)The chief executive may refuse to
issue or renew an authorityif the chief
executive is satisfied the refusal is necessary ordesirableforthebestmanagement,use,developmentorprotection of fisheries resources or fish
habitats.Examples of the bases on which the chief
executive may be satisfied—1The
authority was issued in error or because of a document orrepresentation—(a)that
is false, misleading or omits a material particular; or(b)obtained or made in another improper
way.2The applicant has been convicted of a
fisheries offence.3The applicant has had any of the
following (afisheries authority)cancelled or suspended—•a
licence, permit, concession or other authority issued underfisheries legislation•a
fisheries development approval.4Theapplicanthasnotcompliedwithaconditionofafishingauthority.5The
applicant has not kept or given returns as required by the
chiefexecutive under this Act.6The applicant has given a false or
misleading return to the chiefexecutive under
this Act.7The applicant has been convicted of an
indictable offence.8Theapplicanthasnotsatisfiedthetrainingorcompetencyrequirements or
other criteria for the authority as decided by thechief executive or prescribed by
regulation.9The applicant has not paid fees
payable under this Act.10Another matter
specified in a relevant regulation.(2)Compensation is not payable if the chief
executive refuses toissue or renew an authority.(3)However,subsection
(2)doesnotpreventaregulationproviding for
payment of compensation.Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 60]60Notice of refusal of application for issue
or renewal etc.If the chief executive refuses to issue or
renew an authoritysought 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 forassessing the application.Subdivision 2AAdditional
requirements fordeciding applications for resourceallocation authorities60AMatters chief executive must considerIn
deciding an application for a resource allocation authority,thechiefexecutivemusthaveregardtotheimpactofthedevelopmentmentionedintheauthorityoneachofthefollowing—(a)coastal management under theCoastalProtectionandManagement Act 1995;(b)the protection of Queensland waters as
required undertheEnvironmental Protection Act
1994;Note—See theEnvironmental Protection (Water) Policy
2009for theway the
environmental values of Queensland waters are to beprotected.(c)themanagementofmarineparksundertheMarineParks Act
2004.Current as at [Not applicable]Page
51
Fisheries Act 1994Part 5 Fisheries
management[s 61]Subdivision
3ConditionsNotauthorised—indicativeonly61Conditions
imposed on issue or renewal—general(1)When
the chief executive issues or renews an authority, thechiefexecutivemayimposereasonableandrelevantconditions,
including, for example—(a)for an
authority, other than a permit, for a fishery or apartofafisheryforwhichnoquotadeclarationisinforce—aconditionfixingaquotaentitlementfortheauthority; and(b)a
condition requiring payment of a bond to ensure theholder 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)Infixingaquotaentitlementforanauthority,thechiefexecutivemustcomplywithanyrelevantregulationordeclaration.(4)If
the chief executive imposes a condition on an authority, thechiefexecutivemustgivetheholderoftheauthorityaninformation notice for the decision to
impose the condition.(5)Ifapowerconferredoninspectorsbyaconditionofanauthority is exercised by an
inspector, the power is taken to beexercised with
the consent of the authority’s holder.(6)Apowerconferredoninspectorsbyaconditionofanauthorityisnotlimitedbythepowersgiventoaninspectorunder a provision of this Act.(7)If an inspector may exercise a power
under this Act and underaconditionofanauthority,theinspectormayexercisethepower under either or both.(8)To remove any doubt, a condition may
be imposed by the chiefexecutiveeventhoughtheeffectistostoptheholderorsomeoneelsetakingfisheriesresources,orusingaboatorPage
52Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 62]fishingapparatusthatcould,apartfromthecondition,belawfully taken or used under the
authority.(9)Compensation is not payable if
conditions are imposed on anauthority,oranythingpreviouslypermittedisprohibitedorregulated under the authority.(10)However,subsection(9)doesnotpreventaregulationproviding for
payment of compensation.62Conditions
imposed by regulation(1)Anauthorityisalsosubjecttotheconditionsprescribedbyregulation.(2)To
remove any doubt, any condition that may be imposed onanauthoritybythechiefexecutivemaybeprescribedbyregulation.Subdivision
4Amendment63Amendment of authority(1)Ifthechiefexecutiveconsidersanauthority(includingtheconditions stated in it) should be amended,
the chief executivemustgivetheholderoftheauthorityawrittennotice(theshow 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 ofthe reasons; and(d)invites the holder to show, within a stated
time of at least28 days, why the authority should not be
amended.(2)Thechiefexecutivemayamendtheauthorityif,afterconsideringallrepresentationsmadewithinthestatedtime,thechiefexecutivestillconsiderstheauthorityshouldbeamended—Current as at
[Not applicable]Page 53
Notauthorised—indicativeonlyFisheries Act 1994Part 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 chiefexecutive must
give the holder of the authority an informationnotice for the
decision.(4)Subsections (1) to (3) do not apply if
the authority is amendedonly—(a)byomittingaconditioniftheomissiondoesnotadversely affect the holder’s
interests; or(b)for a formal or clerical reason;
or(c)inanotherwaythatdoesnotadverselyaffecttheholder’s interests; or(d)at the holder’s request.(5)Thechiefexecutivemaymakeanamendmentofatypementionedinsubsection (4)bywrittennoticegiventotheholder.(6)To
remove any doubt, any condition that may be imposed onan
authority when it is issued may be imposed on the authorityby
amendment.(7)Compensation is not payable if an
authority is amended, oranythingpreviouslypermittedundertheauthorityisprohibited or regulated.(8)However,subsection
(7)doesnotpreventaregulationproviding for
payment of compensation.64Notice to return
authority for alteration after amendment(1)The
chief executive may, by written notice, require the holderofanauthorityissuedbythechiefexecutivetoreturntheauthority to the chief executive within a
stated time, of at least28 days, to enable the chief executive
to alter the authority toreflect an amendment made to
it.(2)The holder must comply with the
notice, unless the holder hasa reasonable
excuse for not complying with it.Page 54Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65]Maximum
penalty—80 penalty units.(3)After altering
the authority, the chief executive must return itto
the holder.(4)The amendment of an authority by the
chief executive doesnot depend on it being altered under
this section.Subdivision 5Transfer65Transfer of authority (other than
permit)(1)Subjecttoregistrationunderthissubdivision,anauthorityotherthanapermitmaybetransferredunless,underaregulation, the authority is not
transferable either generally orin the
circumstances relating to the particular authority.(2)A transfer, or purported transfer, of
an authority is of no effectunless the
transfer is registered under section 65B.(3)Onregistrationofthetransfer,allrightsandliabilitiesattaching to the
authority vest in the transferee.65AApplication 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)ifthetransferisatemporarytransferofaquotaauthority—the
transferor under the transfer; or(ii)otherwise—eachholdersoftheauthorityimmediately before the transfer.(2)Without limiting what the approved
form may require, it mustinclude—(a)a
sufficient description of the authority; and(b)a
written declaration by the applicant that—Current as at
[Not applicable]Page 55
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65B](i)the
information in or accompanying the applicationprovided by the
applicant is true; and(ii)the applicant
has complied with the requirementsunder this Act
that relate to the authority; and(iii)eachtransfereeunderthetransferhascompliedwith the
requirements under this Act that relate tothe
authority.(3)Unlessthetransferisatemporarytransferofaquotaauthority, the application must be
accompanied by—(a)thewrittenapprovalofeachperson,otherthantheholder,whohasaregisteredinterestintheauthority;and(b)ifafeepayableunderthisActfor,orrelatingto,theauthorityhasnotbeenpaid—thechiefexecutive’swritten approval
to the registration of the transfer.(4)Also,theapplicationmustbeaccompaniedbythefeeprescribed by
regulation, unless—(a)theapplicationismadebytheinternetsystemmentioned in section 65BA; or(b)the fee is waived under section
65E.65BRegistration of transfer of
authority(1)Anapplicationtoregisterthetransferofanauthorityisaproperlymadeapplicationiftheapplicationcomplieswithsection
65Aandthetransferorandthetransfereehavecomplied with any requirements under
subsection (2).(2)Thechiefexecutivemay,bywrittennotice,requirethetransferor or the transferee (theapplicant) to give the
chiefexecutive further documents or information
to enable the chiefexecutive to register the transfer.(3)The chief executive must register the
transfer of an authority ifthechiefexecutivereceivesaproperlymadeapplicationinrelation to the authority.Page
56Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65BA]65BAInternet system for transfer registration
applications(1)Thechiefexecutivemayestablishaninternetsystemunderwhich—(a)applications may be made to register
authority transfers;and(b)thefollowingaremadeordoneautomaticallyontheinternet—(i)thedecisionaboutwhetheranapplicationtoregister 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 bemade only if the information that the
system requires to begiven in making the application shows
the application is, onits face, a properly made application
for section 65A.(3)For section 196, a decision made under
the system is taken tobe a decision of the chief executive
under section 65B.65CTemporary transfers(1)Atransferofanauthoritymaybeforastatedperiod(atemporary transfer).(2)The stated period—(a)may,subjecttoparagraphs(b)and(c),befixedbyreference to the happening of a stated
event; andExample for paragraph (a)—If
the authority is subject to a quota entitlement, the start or
endof the period may be fixed by reference to
the start or end of theperiod to which the quota entitlement
applies.(b)mustnotstartbeforethedaythechiefexecutiveregisters the transfer; and(c)must not be longer than the term of
the authority.(3)Ifanauthorityissubjecttoatemporarytransfer(thefirsttransfer), a further
temporary transfer of the authority may beCurrent as at
[Not applicable]Page 57
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65D]registered for a
stated period not longer than the period of thefirst
transfer.(4)If the chief executive registers a
temporary transfer, the chiefexecutive must,
as soon as practicable, give the applicants forregistration of
the temporary transfer written notice stating thetemporary transfer of the authority has been
registered.65DEffect of temporary transfer(1)This section applies for a temporary
transfer until—(a)generally—the end of the period for
which the transferis registered; or(b)if,duringtheperiod,thechiefexecutivereceivesasigned notice from each interested party
that the transferhas ended—the chief executive’s receipt of
the notice.(2)A reference in the following to the
holder of the transferredauthority, or to the holder of an
authority, is, if the contextpermits, taken
to include a reference to the transferee as if thetransferee were the holder of the
transferred authority—(a)aprovisionofthisAct,otherthansection 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 werethepersonwhowastheholderoftheauthorityimmediatelybeforethetemporarytransferwasregistered (theoriginal
holder); and(b)can
not be done by the original holder.(4)Despite the temporary transfer, the original
holder continuesto be the holder of the transferred
authority.(5)If a further temporary transfer is
registered for the transferredauthority,
subsections (2) to (4) apply to the transferee underPage
58Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 65E]thefirsttemporarytransferasifareferencetotheoriginalholder includes that transferee.(6)Eachofthefollowingisaninterestedpartyundersubsection
(1)—(a)the transferor under the temporary
transfer;(b)the transferee under the temporary
transfer;(c)unlessthetransferisatemporarytransferofaquotaauthority—anyone else who has a registered
interest inthe authority the subject of the temporary
transfer.65EWaiver of fee or requirement on
transfer or amendment(1)This section
applies if the chief executive is satisfied a transferor
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)windinguporadministrationundertheCorporations Act; or(iv)section 70C(3);
or(b)to administer a deceased estate;
or(c)becauseoftheloss,atsea,oftheboatbeingusedinrelationtotheauthority,throughstorm,capsize,collision or fire.(2)Onanapplicationmadeundersubsection
(3),thechiefexecutive must,
according to the application—(a)waivetheprescribedfeeforanapplicationforamendment or registration of a transfer of
the authority;or(b)waivetherequirementunderaregulationoramanagement plan, on application to
amend or registerthe transfer of the authority, to do any of
the followingbefore the chief executive grants the
application—Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 66](i)surrender another authority;(ii)applytoamendanotherauthoritybyremovingafishery symbol;(iii)amend the authority in some other way that
is notbeneficial to the authority holder.(3)Anapplicationforthewaiverofaprescribedfeeorarequirement—(a)must
be made jointly by each holder of the authority andany
proposed transferee; and(b)mustbemadetothechiefexecutiveintheapprovedform; and(c)must
be accompanied by—(i)the application for amendment or
registration of atransfer; and(ii)sufficientdocumentaryevidencetosupporttheapplication for waiver.Examples of
documentary evidence—insurance report, will, death
certificate, court order(4)If asked by the
chief executive, the applicant must give thefurther relevant
information or evidence the chief executivereasonably
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.66Permits not transferableA
permit can not be transferred.Page 60Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 6Fisheries Act
1994Part 5 Fisheries management[s
67]Suspension and cancellation67Suspension or cancellation of
authority by chiefexecutive(1)The
chief executive may suspend or cancel an authority if thechief executive is satisfied the suspension
or cancellation isnecessaryordesirableforthebestmanagement,use,developmentorprotectionoffisheriesresourcesorfishhabitats.Example—The examples
mentioned in section 59(1) are examples of the bases onwhich the chief executive may be
satisfied.(2)Inactingundersubsection
(1),thechiefexecutivemaydisregard any third party interests in
the authority.(3)This section does not affect the
suspension or cancellation ofan authority
under a regulation.68Procedure for cancellation or
suspension by chiefexecutive(1)Ifthechiefexecutiveconsidersgroundsexistundersection 67(1) to
suspend or cancel an authority (theproposedaction),thechiefexecutivemustgivetheholderoftheauthority 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 basisfor 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 least28 days, why the proposed action
should not be taken.Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68A](2)If,afterconsideringallwrittenrepresentationsmadewithinthe stated time,
the chief executive still considers grounds totake the
proposed action exist, the chief executive may—(a)if
the proposed action was to suspend the authority for aspecified period—suspend the authority for
not longerthan the proposed suspension period;
or(b)iftheproposedactionwastocanceltheauthority—either cancel
the authority or suspend it for a period.(3)The
chief executive must inform the holder of the decision bywritten notice.(4)Ifthechiefexecutivedecidestosuspendorcanceltheauthority,thenoticemustbeaninformationnoticeforthedecision.(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 suspendsor cancels an authority.(7)However,subsection
(6)doesnotpreventaregulationproviding for
payment of compensation.(8)This section
does not affect the suspension or cancellation ofan
authority under a regulation.68ASuspension or cancellation of authority for
dishonouredpayment(1)If a
person’s cheque for payment of the prescribed fee relatingto
an authority is dishonoured—(a)ifthefeeisforanapplicationfortheauthority—theauthority 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 avalid payment is made; orPage
62Current as at [Not applicable]
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68AB](c)if
the fee is for an application to transfer or amend theauthority—thetransferoramendmentdoesnottakeeffect until a
valid payment is made; or(d)if the fee is an
annual fee—the authority is suspendedfrom the day the
fee was due until a valid payment ismade; or(e)if the fee is any other prescribed
fee—the authority issuspendedfromthedaythefeewasdueuntilavalidpayment is
made.(2)IftheStateincursexpensebecauseaperson’schequeisdishonoured—(a)thepersonmustreimbursetheStatefortheexpenseincurred;
and(b)the amount of the expense may be
recovered as a debtpayable by the person to the State.(3)In this section—chequeincludes a method of payment other than by
cash.dishonouredincludes not
honoured on presentation.68ABSuspension or
cancellation for non-payment of fee otherthan because of
dishonoured cheque(1)This section applies if—(a)afeepayableunderthisActfororrelatingtoanauthority is not
paid; and(b)the authority is not suspended under
section 68A; and(c)thefeeisnotforanapplicationtowhichsection
68A(1)(c) applies.(2)Thechiefexecutivemaygivetheholderoftheauthorityanotice warning the holder that, under this
section—(a)the authority will be suspended unless
the fee is paid orarepaymentagreementforthefeeismadewithin30days after the giving of the notice;
andCurrent as at [Not applicable]Page
63
Notauthorised—indicativeonlyFisheries Act 1994Part 5 Fisheries
management[s 68AC](b)if
the authority is a commercial fisher licence—it will becancelledunlessthefeeispaidorarepaymentagreement for
the fee is made within 90 days after thegiving of the
notice.(3)If the fee is not paid or a repayment
agreement for the fee isnotmadewithin30daysafterthegivingofthenoticetheauthority is suspended.(4)The
suspension ends if the fee is paid within 90 days after thegiving 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 feeis
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 ispaid
or a repayment agreement for the fee is made.(7)In
this section—commercialfisherlicencemeansanauthoritythat,underaregulation, is described as a commercial
fisher licence.repayment agreement, for a fee,
means a written agreementbetween the holder of the authority
and the chief executive forthe payment of
the fee.68ACSuspension of quota entitlement for
investigation(1)This section applies if—(a)an inspector starts an investigation
under part 9 relatingtotheholderofaquotaauthoritycontraveninganinformation requirement about the quantity
of fisheriesresourcestakenunderthequotaentitlementfortheauthority; and(b)the
chief executive is satisfied it is necessary to suspenda
part of the quota entitlement for the quota authority toPage
64Current as at [Not applicable]
Fisheries Act 1994Part 5 Fisheries
management[s 68AC]Notauthorised—indicativeonlyensure the quota entitlement is not, or does
not continueto be, contravened.(2)The
chief executive may, by written notice to the holder of thequota authority, suspend a stated part of
the quota entitlementfor the authority for a stated
period.(3)The stated period—(a)mustnotendmorethan6monthsafterthedaytheinvestigation is started; and(b)must end on or before the end of the
period to which thequota entitlement applies.(4)If the chief executive suspends a part
of the quota entitlementfor the quota authority, the quota
entitlement is taken to be theamountofthequotaentitlementoriginallygrantedbythequota authority
less the stated part that has been suspended.(5)If
the investigation ends before the stated period ends and aproceedingforanoffenceagainstthisActisnotstartedagainst the holder of the quota
authority—(a)thechiefexecutivemustcancelthesuspensionbywritten notice to the holder of the
authority; and(b)the quota entitlement for the
authority is taken to be theamountofthequotaentitlementoriginallygrantedbythe authority.(6)