Part 1Preliminary1Short titleThis regulation may be cited as the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023.2CommencementParts 2 to 5 commence on 1 January 2024.Part 2Amendment of Fisheries (Commercial Fisheries) Regulation 20193Regulation amendedThis part amends the Fisheries (Commercial Fisheries) Regulation 2019.4Amendment of s 13 (Restriction on taking fish in more than 1 commercial fishery)(1)Section 13(3)(d)—omit.(2)Section 13(4)—omit, insert—(4)Further, subsection (1) does not apply to a person taking fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N10’, ‘N15’ or ‘NX’ at the same time.5Amendment of s 14 (Restriction on taking fish in commercial fisheries having same fishery symbol)Section 14(2), example—omit, insert—Example—The fishery symbol ‘N10’ is written on a licence authorising use of a tunnel net in the net fishery (east coast no. 4) and use of a general purpose net in the net fishery (east coast no. 15). A person acting under the licence must not use the nets in the fisheries at the same time.6Amendment of s 32 (Authorisation—holder)Section 32—insert—(6)The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence.7Amendment of s 54 (General restriction on writing fishery symbols)Section 54—insert—(3)Subsection (1) does not apply to the fishery symbol ‘N15’ until 1 July 2024.(4)Also, subsection (1) does not apply to the fishery symbol ‘NX’.Note—The ‘NX’ symbol stops having effect on 30 June 2027 at the end of the day—see section 180.8Amendment of s 154 (Requirement to give transhipment notice and label fish)(1)Section 154(1)(a)(ii)— omit.(2)Section 154(1)(a)(iii)—renumber as section 154(1)(a)(ii).9Insertion of new ch 7, pt 3Chapter 7—insert—Part 3Transitional provision for Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023180Ending of net fishery ‘NX’(1)The net fishery (NX) ends on 30 June 2027 at the end of the day.(2)From 1 July 2027—

(a)any provision of this regulation providing for NX fish to be taken in the net fishery (no. NX) is of no effect; and

(b)any reference to the fishery symbol ‘NX’ on a primary commercial fishing boat licence or any other document is of no effect.

10Amendment of sch 3, pt 2 (Line fishery (reef))Schedule 3, part 2, section 13, ‘barramundi,’—omit.11Amendment of sch 4, pt 1 (General netting and ocean beach fisheries)Schedule 4, section 25, ‘barramundi,’—omit.12Omission of sch 4, pts 2–4Schedule 4, parts 2 to 4—omit.13Amendment of sch 4, pt 5 (Net fishery (east coast no. 4))Schedule 4, section 90, ‘barramundi,’—omit.14Amendment of sch 4, pt 7 (Net fishery (no. 11))Schedule 4, section 117(1)—omit, insert—(1)Any fin fish, other than the following fish, may be taken in the eastern N11 area—

(a)barramundi;

(b)black jewfish;

(c)dusky flathead;

(d)grey mackerel;

(e)king threadfin;

(f)regulated coral reef fin fish;

(g)school mackerel;

(h)snapper;

(i)spanish mackerel;

(j)spotted mackerel;

(k)tailor;

(l)yellowfin bream.

15Amendment of sch 4, pt 8 (Net fishery (Gulf of Carpentaria no. 3))Schedule 4, section 133(h), from ‘white’—omit, insert—hammerhead shark, sandtiger shark, speartooth shark or white shark;16Amendment of sch 4, pt 9 (Net fishery (Gulf of Carpentaria no. 4))Schedule 4, section 145(h), from ‘white’—omit, insert—hammerhead shark, sandtiger shark, speartooth shark or white shark;17Insertion of new sch 4, pts 9A and 9BSchedule 4—insert—Part 9ANet fishery (no. 15)Division 1Fishery, fishery symbol and fishery area153A Net fishery (no. 15)The net fishery (no. 15) is the activity of fishing for the fish mentioned in section 153D in the fishery area, as provided under this part.153B Fishery symbolsThe fishery symbols for the fishery are ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N10’ and ‘N15’.153C Fishery areaThe fishery area is the east coast inshore management region 5.Division 2AuthorisationSubdivision 1General153D What fish may be taken Any fish, other than crabs, regulated coral reef fin fish and snapper, may be taken under the licence.153E Way fish may be taken(1)Fish may be taken only by using—

(a)mesh nets in the way stated in subdivision 2; or

(b)set pocket nets in the way stated in subdivision 3.

(2)Unless otherwise stated in this part, a mesh net that is neither fixed nor hauled must not be used—

(a)in a marked navigation channel; or

(b)within—

(i)400m of a jetty or wharf; or

(ii)100m of another net that is being used.

(3)Only 1 mesh net may be used at the same time to take fish.(4)Despite subsection (3), a single mesh net may be split into 2 or more pieces after the fish are taken, to remove the fish from the mesh net.(5)Only 1 part of a general purpose mesh net may be fixed while it is being used in offshore waters.(6)One end of a mesh net may be fixed temporarily while shooting or hauling the net.(7)Unless otherwise stated in this part, a person using a mesh net must remain on a boat floating on the water within 100m of the net unless the person is setting or retrieving the net.Subdivision 2Use of mesh nets153F Use of seine nets to take prawns in Lake Weyba(1)A seine net may be used in Lake Weyba only if it is no longer than 25m and has a mesh size of at least 25mm.(2)However, a seine net may be used to take only prawns in the lake.153G Use of mesh nets in Lakes Cootharaba, Cooroibah and WeybaA mesh net may be used in Lake Cootharaba, Lake Cooroibah or Lake Weyba only if it is no longer than 1,500m and has a mesh size of at least 50mm but no more than 175mm.153H Use of seine nets to take prawns north of the Mary River(1)A seine net may be used in waters north of the northern bank of the Mary River only if the net—

(a)is no longer than 100m; and

(b)has a pocket extending over no more than one-quarter of the length of the net; and

(c)has a mesh size of at least 31mm in the pocket and at least 45mm in the rest of the net.

(2)However, a seine net may be used to take only prawns in the waters.153I Use of general purpose mesh nets south of Baffle Creek(1)This section applies for using a general purpose mesh net in waters, other than waters in a river or creek, south of the northern bank of Baffle Creek.(2)A general purpose mesh net may be used in the waters only if the net—

(a)is no longer than 800m; and

(b)has a mesh size of at least 50mm (other than in a back net), but no more than 165mm; and

(c)is made of monofilament that is no more than 1.85mm in diameter.

(3)A back net may be used with a general purpose mesh net if the back net—

(a)has a mesh size of at least 25mm but no more than 50mm; and

(b)is made of monofilament that is no more than 1.85mm in diameter.

(4)However, a general purpose mesh net must not be used in the fishery area of a fishery under part 1 from 1 April to 31 August.153J Use of mesh nets and seine nets south of Baffle Creek(1)A mesh net may be used in a river or creek south of the northern bank of Baffle Creek only if—

(a)for a seine net, the net—

(i)is no longer than 200m; and

(ii)has a mesh size of at least 50mm (other than in a back net), but no more than 165mm; or

(b)for another mesh net, the net—

(i)is no longer than 400m; and

(ii)has a mesh size of at least 50mm (other than in a back net), but no more than 165mm.

(2)However, a mesh net must not be used in a river or creek in the fishery area of a fishery under part 1 from 1 April to 31 August.153K Use of nets that are neither fixed nor hauled in offshore waters(1)This section applies for using a mesh net that is neither fixed nor hauled in offshore waters.(2)If all of the mesh net is used within the waters, the net must—

(a)be no longer than 600m; and

(b)have a mesh size of at least 160mm but no more than 165mm; and

(c)be made of monofilament that is no more than 1.25mm in diameter.

(3)However, a mesh net must not be used in the fishery area of a fishery under part 1 from 1 April to 31 August.153L Use of general purpose mesh nets in nearshore watersBoth ends of a general purpose mesh net may be fixed for no more than 2 hours if—

(a)the net—

(i)has a mesh size of at least 50mm but no more than 115mm; and

(ii)is made of monofilament that is no more than 1.85mm in diameter; and

(b)each end of the net remains in nearshore waters or on a foreshore while the net is being used; and

(c)the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used.

153M Use of set mesh nets in rivers and creeks between Kauri and Baffle Creeks(1)A set mesh net may be used in a river or creek between the northern bank of Baffle Creek and the southern bank of Kauri Creek, upstream of the shortest line between its banks, only if the net—

(a)is no longer than 120m; and

(b)has a mesh size of at least 100mm but no more than 165mm; and

(c)has a drop of no more than 50 meshes.

(2)No more than 3 set mesh nets may be used in the river or creek.(3)The set mesh nets may be used in the river or creek only if—

(a)the combined length of the nets is no more than 360m; and

(b)the distance between the first and last net is no more than 1n mile.

153N Use of set mesh nets in offshore waters south of Baffle Creek(1)A set mesh net may be used in offshore waters south of the northern bank of Baffle Creek only if—

(a)the net—

(i)is no longer than 600m; and

(ii)has a mesh size of at least 100mm but no more than 165mm; and

(iii)is made of monofilament that is no more than 1.25mm in diameter; and

(b)the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used.

(2)However, a set mesh net must not be used in the fishery area of a fishery under part 1 from 1 April to 31 August.Subdivision 3Use of set pocket nets153O Use of set pocket nets in rivers(1)This section applies to the following waters—

(a)the Kolan River, Burnett River, Albert River and Logan River;

(b)the waters of the Mary River between longitude 152º46.22' east and the Old Bruce Highway Bridge;

(c)the waters of the Mary River between the lines between the following places marked by F↑B signs—

(i)longitude 152º46.67' east on the northern bank and longitude 152º46.83' east on the southern bank;

(ii)longitude 152º51.74' east on the northern bank (near ‘Tandora’) and longitude 152º51.71' east on the shore of Crab Island (Meteor Point);

(iii)longitude 152º51.62' east on the shore of Crab Island and longitude 152º51.95' east on the southern bank.

(2)A set pocket net may be used only if the net is no longer than 10m and has a mesh size of at least 25mm.(3)However, a set pocket net may be used only to take prawns in the waters.(4)A set pocket net must not be set within 20m of a jetty or wharf or 100m of another net that is in use.(5)More than 1 set pocket net may be attached to a head rope if the combined length of the nets is no more than 10m.(6)The closed end of the pocket of a set pocket net must be marked on the surface of the water by a solid, yellow-coloured float that is no less than 8cm in any dimension.(7)Anything used to set a set pocket net must be removed from the water after the net is taken from the water.(8)However, subsection (7) does not apply for using a set pocket net in the waters mentioned in subsection (1)(b).(9)In this section—head rope means that part of a set pocket net from which the meshes of the net are suspended.Division 3Condition153P Purpose of divisionThis division prescribes a condition for the licence.153Q Marking nets(1)A mesh net must be marked by—

(a)light-coloured floats no more than 20m apart along its length; and

(b)a solid, white float—

(i)no less than 15cm in any dimension; and

(ii)with either the commercial fisher’s name or the primary boat mark for the net written on it at one end of the net.

(2)A set mesh net or a net that is neither fixed nor hauled used in offshore waters must also be marked by—

(a)a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and

(b)solid, light-coloured floats, no less than 15cm in any dimension, no more than 100m apart along the length of the net.

(3)Despite subsections (1)(a) and (2)(b), floats are not required along the length of a set mesh net used in offshore waters deeper than its drop if no part of the net is on the surface at any time.(4)Also, if a set mesh net or a net that is neither fixed nor hauled is used at night, the net must be marked by—

(a)if the combined length of the net and equipment used to set it is no more than 50m—

(i)a white light, visible at least 400m in all directions from the light, at one end of the net; and

(ii)a solid, reflectorised float, no less than 15cm in any dimension, at the other end of the net; or

(b)if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in all directions from the light, at both ends of the net.

Part 9BNet fishery (no. NX)Division 1Application of part153R Application of partThis part stops having effect on 30 June 2027 at the end of the day.Note—See section 180.Division 2Fishery, fishery symbols and fishery area153S Net fishery (no. NX)The net fishery (no. NX) is the activity of fishing for the fish mentioned in section 153V in the fishery area, as provided under this part.153T Fishery symbolThe fishery symbol for the fishery is ‘NX’.153U Fishery areaThe fishery area consists of—

(a)the east coast inshore management region 2; and

(b)the east coast inshore management region 3; and

(c)the east coast inshore management region 4.

Division 3Authorisation153V What fish may be takenAny fish, other than crabs, regulated coral reef fin fish and snapper, may be taken under the licence.153W Way fish may be takenFish may be taken only by using mesh nets and tunnel nets.Division 4Condition153X Purpose of divisionThis division prescribes a condition for the licence.153Y Marking nets(1)A set mesh net used during the day must be marked by—

(a)light-coloured floats no more than 20m apart along its length; and

(b)a solid, white float—

(i)no less than 15cm in any dimension; and

(ii)with either the commercial fisher’s name or the primary boat mark for the net written on both ends of the net.

(2)A set mesh net used at night must be marked by a white light, visible at least 400m in all directions from the light, at both ends of the net.(3)A mesh net that is neither fixed nor hauled used in offshore waters during the day must be marked by—

(a)a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and

(b)solid, light-coloured floats, no less than 15cm in any dimension, no more than 100m apart along the length of the net.

(4)A mesh net that is neither fixed nor hauled used in offshore waters at night must be marked by a white light, visible at least 400m in all directions from the light, at both ends of the net.18Amendment of sch 4, pt 10 (Management regions)Schedule 4, sections 155 and 156, ‘latitude 15º00' south (just north of Cooktown)’—omit, insert—latitude 15º13.56' south (at Cape Bedford)19Omission of sch 8, pt 2 (Commercial shark and ray fishery)Schedule 8, part 2—omit.20Amendment of sch 9 (Fish and management regions for particular quota units)Schedule 9, part 2—omit, insert—Part 2ENL-ITQ unitsENL-ITQ unitPrescribed ENL-ITQ fishPrescribed ENL management regionFishery symbolGM5-ITQ unitgrey mackereleast coast inshore management region 5‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’‘L1’‘N10’, ‘N15’SCM5-ITQ unitschool mackereleast coast inshore management region 5‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’‘L1’‘N10’, ‘N15’WT5-ITQ unitwhitingeast coast inshore management region 5‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’‘L1’‘N10’, ‘N11’, ‘N15’Part 3Amendment of Fisheries Declaration 201921Declaration amendedThis part amends the Fisheries Declaration 2019.22Amendment of s 60 (Possessing or using particular commercial fishing nets to take fish—particular regulated waters)(1)Section 60, table, entries for south of North Stradbroke Island, Moreton Bay (area 1) and Moreton Island to Double Island Point, ‘section 47’—omit, insert—section 153K(2)Section 60, table, entries for south of North Stradbroke Island, Moreton Bay (area 1) and Moreton Island to Double Island Point, ‘section 50’—omit, insert—section 153N(3)Section 60, table, entry for Fraser Island (rivers and creeks), from ‘section 49(1)’—omit, insert—section 153M(1)(4)Section 60, table, entry for Queens Bay—omit.23Amendment of s 65 (Possessing or using particular nets for taking fish—particular regulated waters)(1)Section 65(1), after last dot point—insert—

•net free north area.

(2)Section 65—insert—(3A)Also, subsection (2) does not apply to a commercial fisher using a relevant net in the net free north area if the net is being used—

(a)under an A1 or A2 licence; or

(b)under a N11 licence to take fish under the licence other than for sale under the licence; or

(c)in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence other than for sale under the licence.

(3)Section 65(3A) and (4)—renumber as section 65(4) and (5).24Insertion of new ch 2, pt 10AAfter chapter 2, part 10—insert—Part 10ADeclaration about possessing or using fishing lines for taking barramundi for trade or commerce65APossessing or using fishing lines to take barramundi—particular regulated waters(1)This section applies to the following regulated waters—

(a)Yeppoon–KeppelBay–Fitzroy River–Capricorn Coast;

(b)St Helens Beach–Cape Hillsborough–North of Mackay;

(c)Trinity Bay–Cairns.

(2)A commercial fisher acting under a licence on which the fishery symbol ‘L2’ or ‘L3’ is written must not in the regulated waters—

(a)use a fishing line to take barramundi for trade or commerce; or

(b)possess a barramundi taken in contravention of paragraph (a).

25Replacement of s 70 (Using particular nets)Section 70—omit, insert—70Possessing or using nets other than cast netsA person must not possess or use a net, other than a cast net, in the Port Clinton (greater dugong protection area).26Replacement of ch 2, pt 11, div 4 (Upstart Bay (greater dugong protection area))Chapter 2, part 11, division 4—omit, insert—Division 4Upstart Bay (greater dugong protection area)72Possessing or using nets other than cast netsA person must not possess or use a net, other than a cast net, in the Upstart Bay (greater dugong protection area).27Replacement of s 76 (Using particular nets)Section 76—omit, insert—76Possessing or using nets other than cast netsA person must not possess or use a net, other than a cast net, in the Hinchinbrook Island (dugong protection area).28Replacement of ss 78 and 79Sections 78 and 79—omit, insert—78Possessing or using nets other than cast netsA person must not possess or use a net, other than a cast net, in the regulated waters.29Replacement of ss 81–84Sections 81 to 84—omit, insert—81Possessing or using nets other than cast netsA person must not possess or use a net, other than a cast net, in the regulated waters.30Amendment of s 109A (Fish regulated by number or volume)Section 109A(2)(f), before ‘manta ray,’—insert—hammerhead shark,31Amendment of sch 1 (Regulated waters)Schedule 1, part 2, after entry for Cape Bedford to Murray Reefs—insert—net free north areatidal waters north of latitude 15º13.56' south, and south of latitude 10º41' south, and east of longitude 142º31'49'' eastsection 6532Amendment of sch 2 (Regulated fish declarations)(1)Schedule 2, part 2, entry for barramundi, after the fourth row—insert—1if the prescribed commercial catch for the fish in the east coast inshore management region 1 is more than 4,743kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’ or ‘L3’2if the prescribed commercial catch for the fish in the east coast inshore management region 2 is more than 29,420kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’3if the prescribed commercial catch for the fish in the east coast inshore management region 3 is more than 109,130kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’4if the prescribed commercial catch for the fish in the east coast inshore management region 4 is more than 45,753kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’5if the prescribed commercial catch for the fish in the east coast inshore management region 5 is more than 18,015kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘L1’, ‘L8’, ‘N10’ or ‘N15’(2)Schedule 2, part 2, entry for black jewfish, second row, column 4, items 1 to 4, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N15’ or ‘NX’(3)Schedule 2, part 2, entry for dusky flathead, first row, column 4, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N15’ or ‘NX’(4)Schedule 2, part 2, entry for grey mackerel, after the third row—insert—1if the prescribed commercial catch for the fish in the east coast inshore management region 1 is more than 924kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’ or ‘L3’2if the prescribed commercial catch for the fish in the east coast inshore management region 2 is more than 22,739kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’3if the prescribed commercial catch for the fish in the east coast inshore management region 3 is more than 57,088kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’4if the prescribed commercial catch for the fish in the east coast inshore management region 4 is more than 11,566kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’(5)Schedule 2, part 2, entry for hammerhead shark—omit, insert—hammerhead sharka person taking or possessing the fish(6)Schedule 2, part 2, entry for king threadfin, after the fourth row—insert—1if the prescribed commercial catch for the fish in the east coast inshore management region 1 is more than 1,816kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’ or ‘L3’2if the prescribed commercial catch for the fish in the east coast inshore management region 2 is more than 15,096kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’3if the prescribed commercial catch for the fish in the east coast inshore management region 3 is more than 15,986kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’4if the prescribed commercial catch for the fish in the east coast inshore management region 4 is more than 29,240kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘NX’5if the prescribed commercial catch for the fish in the east coast inshore management region 5 is more than 11,994kg—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘L1’, ‘L8’, ‘N10’ or ‘N15’(7)Schedule 2, part 2, entry for school mackerel, column 4, items 1 to 4, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N15’ or ‘NX’(8)Schedule 2, part 2, entry for sea mullet, first row, column 4, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N11’, ‘N15’ or ‘NX’(9)Schedule 2, part 2, entry for shark or ray (other than manta ray, sandtiger shark, speartooth shark or white shark), column 1, before ‘manta ray,’—insert—hammerhead shark,(10)Schedule 2, part 2, entry for shark or ray (other than manta ray, sandtiger shark, speartooth shark or white shark), fifth row, column 4, items 1 to 5, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N11’, ‘N15’ or ‘NX’(11)Schedule 2, part 2, entry for shark or ray (other than manta ray, sandtiger shark, speartooth shark or white shark), sixth row, column 4, item 1—omit, insert—

1a person taking the fish in, or possessing the fish taken in, waters east of longitude 142º31'49'' east other than under a licence on which is written the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘L1’, ‘L2’, ‘L3’, ‘L8’, ‘N10’, ‘N11’, ‘N15’ or ‘NX’

(12)Schedule 2, part 2, entry for spotted mackerel, column 4, items 1 to 5, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N15’ or ‘NX’(13)Schedule 2, part 2, entry for tailor, third row, column 4, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N15’ or ‘NX’(14)Schedule 2, part 2, entry for yellowfin bream, first row, column 4, ‘‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘N11’’—omit, insert—‘N10’, ‘N15’ or ‘NX’33Amendment of sch 5 (Dictionary)(1)Schedule 5, definition relevant day, paragraph (a), ‘hammerhead shark in the Gulf of Carpentaria waters,’—omit.(2)Schedule 5, definition relevant licence, paragraph (a)(i), ‘N1, N2, N4, N10 or N11’—omit, insert—N10, N15 or NXPart 4Amendment of Fisheries (General) Regulation 201934Regulation amendedThis part amends the Fisheries (General) Regulation 2019.35Amendment of s 26 (Types of quota authorities)Section 26(2)(b)—omit, insert—

(b)GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units;Note—The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units.

36Replacement of s 34 (Licence for eel fishery not transferable)Section 34—omit, insert—34Particular licences not transferableThe following primary commercial fishing licences are not transferable—

(a)a licence on which the fishery symbol ‘E’ is written;

(b)a licence on which the fishery symbol ‘NX’ is written.

37Amendment of s 83 (Authorities and boats in relation to which requirements apply)Section 83(1), ninth dot point— omit, insert—

•‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’

38Amendment of sch 6 (Fees)(1)Schedule 6, part 2, table, under heading ‘Commercial net fisheries’, entries for N1, N2 and N4—omit.(2)Schedule 6, part 2, table, under heading ‘Other fisheries’, entry for S—omit.39Amendment of sch 7 (References relating to particular fish)Schedule 7, part 6, entry for hammerhead shark, column 2, ‘Sphyrna spp.’—omit, insert—family Sphyrnidae40Amendment of sch 10 (References relating to fishing apparatus)Schedule 10, part 2, section 4, ‘net fishery (east coast no. 1)’—omit, insert—net fishery (no. 15)41Amendment of sch 11 (Dictionary)Schedule 11, definition ENL-ITQ unit—omit, insert—ENL-ITQ unit means a GM5-ITQ unit, SCM5-ITQ unit or WT5-ITQ unit.Part 5Amendment of Fisheries Quota Declaration 201942Declaration amendedThis part amends the Fisheries Quota Declaration 2019.43Amendment of sch 1 (Total quota entitlements)Schedule 1, part 1—omit, insert—Part 1Commercial net fisheriesEast coast inshore management region 5Column 1—fishColumn 2—amountgrey mackerel20,393kgschool mackerel69,085kgwhiting162,000kgPart 6Amendment of Rural and Regional Adjustment Regulation 201144Regulation amendedThis part amends the Rural and Regional Adjustment Regulation 2011.45Insertion of new sch 57After schedule 56—insert—Schedule 57Fisheries structural adjustment schemesection 3(1)Part 1Preliminary1Objectives of schemeThe objectives of the scheme are—

(a)to provide assistance to the following entities affected by the closure of particular commercial fisheries in the Great Barrier Reef region (the closed fisheries)—

(i)a holder of a primary commercial fishing licence if 1 or more fishery symbols written on the licence stops having effect or is otherwise affected by the closure; or

(ii)a holder of a quota unit that stops having effect; and

(b)to encourage holders of particular primary commercial fishing licences who are authorised to take fish in the Great Barrier Reef region or Great Sandy region to surrender their primary commercial fishing licences or particular fishery symbols; and

(c)to encourage holders of particular quota units for fish in the Great Sandy region to surrender the quota units; and

(d)to provide assistance to holders of particular primary commercial fishing licences to replace income the holder would have been projected to earn from fishing in the closed fisheries in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and

(e)to provide assistance to holders of particular primary commercial fishing licences to seek legal or financial advice about the scheme.

2Purpose of assistanceThe purpose of assistance under the scheme is to support holders of particular primary commercial fishing licences and quota units who are affected by, or are likely to be affected by—

(a)the closure of particular fisheries in the Great Barrier Reef region by the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023, part 2; or

(b)the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017.

3Definitions for scheduleIn this schedule—applicant means an entity applying for financial assistance under the scheme.barramundi units see section 22.catch history, in a commercial fishery, see section 4.class 1 fishery symbol, for part 2, division 3, see section 15.class 1 licence, for part 2, division 3, see section 15.class 2 fishery symbol, for part 2, division 3, see section 15.class 2 licence, for part 2, division 3, see section 15.class 3 fishery symbol, for part 2, division 3, see section 15.class 3 licence, for part 2, division 3, see section 15.commercial fishery means a fishery under the Fisheries (Commercial Fisheries) Regulation 2019.fishery symbol has the meaning given by the Fisheries (General) Regulation 2019.fishing data means information given to the chief executive under the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5 or 6.GM5-ITQ units, for part 3, division 2, see section 27.Great Barrier Reef region means east coast inshore management regions 1 to 4 under the Fisheries (Commercial Fisheries) Regulation 2019.Great Sandy region means the area of the Great Sandy Marine Park under the Marine Parks Act 2004 on the commencement.grey mackerel units see section 22.hold, in relation to a primary commercial fishing licence or quota unit, includes holding a suspended primary commercial fishing licence or quota unit. holder, of a retired authority, see section 5.king threadfin units see section 22.move, for a fishery symbol written on a primary commercial fishing licence, means move the fishery symbol to another primary commercial fishing licence under the Fisheries (Commercial Fisheries) Regulation 2019, chapter 3, part 4, division 2.no fish period, for an applicant—

(a)for part 4, division 1, see section 36(2)(b); or

(b)for part 4, division 2, see section 42(2)(b).

price multiplier, for a fish, means the number stated in column 3 of the table in part 2 of the scheme annexure for the fishery opposite the fish.primary commercial fishing licence means a primary commercial fishing licence issued under the Fisheries Act 1994.quota unit means a quota unit under the Fisheries (Commercial Fisheries) Regulation 2019.quota authority certificate, for a quota unit, see Fisheries (Commercial Fisheries) Regulation 2019, section 109(3).relevant grid site, for a fishery, for part 4, division 2, see section 38.relevant map, for a fishery, for part 4, division 2, see section 38.relevant period catch, for an applicant—

(a)for part 4, division 1, see section 32; or

(b)for part 4, division 2, see section 38.

retired authority see section 5(1).retired fishery symbol means the fishery symbols ‘N1’, ‘N2’, ‘N4’ or ‘S’.round 1, for part 2, division 3, see section 20(2).round 2, for part 2, division 3, see section 20(3).scheme means the scheme set out in this schedule. scheme annexure means the document called ‘Fisheries structural adjustment tables’, version 0.1, published on the department’s website.SCM5-ITQ units, for part 3, division 2, see section 27.special circumstances catch, for an applicant—

(a)for part 4, division 1, see section 33; or

(b)for part 4, division 2, see section 39.

substituted period catch, for an applicant—

(a)for part 4, division 1, see section 32; or

(b)for part 4, division 2, see section 38.

surrender—

(a)for a fishery symbol, see section 15; or

(b)for a primary commercial fishing licence or quota unit—means surrender under the Fisheries Act 1994.

tender boat, for a fishery symbol, means a tender boat authorised for use under the fishery symbol under the Fisheries (General) Regulation 2019, section 32.type, in relation to a fishery symbol, see section 6.WT5-ITQ units, for part 3, division 2, see section 27.4Meaning of catch historyAn applicant has a catch history, in a commercial fishery, if the applicant—

(a)took at least 1kg of fish from the commercial fishery under a primary commercial fishing licence during the period starting on 1 September 2021 and ending on 30 June 2023; and

(b)recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019.

5Meaning of holder of retired authority(1)This section applies if, immediately before 1 January 2024, the applicant held 1 or more of the following (each a retired authority)—

(a)a primary commercial fishing licence on which a retired fishery symbol was written;

(b)a barramundi unit;

(c)a grey mackerel unit;

(d)a king threadfin unit.

(2)From 1 January 2024, the scheme applies as if—

(a)if subsection (1)(a) applies—the retired fishery symbol continued to be written on the retired authority while the applicant continues to hold the authority; or

(b)if subsection (1)(b), (c) or (d) applies—the applicant continued to hold the retired authority.

6Types of fishery symbolsIn this schedule, 2 or more fishery symbols written on a primary commercial fishing licence are the same type of fishery symbol if the symbols are the same fishery symbol and have the same number of tender boats. Part 2Primary commercial fishing licences and fishery symbolsDivision 1N1, N2, N4 and S licences7Nature of assistanceThe nature of the assistance that may be given under this division of the scheme is a payment to holders of primary commercial fishing licences on which a retired fishery symbol is written.8Amount of assistanceThe amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—

(a)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or

(b)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or

(c)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or

(d)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written—$7,000.

9Eligibility criteriaAn applicant is eligible for assistance under this division of the scheme if—

(a)the applicant holds a primary commercial fishing licence; and

(b)the primary commercial fishing licence has 1 or more retired fishery symbols written on it; and

(c)the applicant has not received assistance in relation to the same fishery symbol under division 3.

Note—For an application made after 31 December 2023, see section 5.10Conditions of assistanceThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not apply to the chief executive to move a fishery symbol the subject of the application;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 2K1, K2, K3, K4, K5, K6, K7, K8 and N10 licences11Nature of assistanceThe nature of the assistance under this division of the scheme is a payment to holders of primary commercial fishing licences with a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ or ‘N10’ fishery symbol written on them to recognise the holders have lost access to particular commercial fisheries in the Great Barrier Reef region. 12Amount of assistanceThe amount of assistance that may be given to an applicant under this division of the scheme is—

(a)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ is written—$28,000 for each type of fishery symbol mentioned in this paragraph that is written on the licence; or

(b)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N10’ is written—$28,000.

13Eligibility criteriaAn applicant is eligible for assistance under this division of the scheme if—

(a)the applicant holds a primary commercial fishing licence on which 1 or more of the fishery symbols ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ and ‘N10’ are written; and

(b)the applicant has not received assistance in relation to the same fishery symbol under division 3.

14Conditions of assistanceThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 April 2024;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 3Surrender of primary commercial fishing licences and fishery symbols 15Definitions for divisionIn this division—class 1 fishery symbol means the fishery symbols ‘N1’, ‘N2’ or ‘N4’.class 1 licence means a primary commercial fishing licence that—

(a)has 1 or more class 1 fishery symbols written on it; and

(b)has 1 or more class 2 or 3 fishery symbols written on it.

class 2 fishery symbol means the fishery symbols ‘C1’, ‘L1’, ‘L2’, ‘L3’, ‘N11’, ‘RQ’, ‘S’ or ‘SM’.class 2 licence means a primary commercial fishing licence that—

(a)has 1 or more class 2 fishery symbols written on it; and

(b)does not have a class 1 or 3 fishery symbol written on it.

class 3 fishery symbol means the fishery symbol ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.class 3 licence means a primary commercial fishing licence that—

(a)has 1 or more class 3 fishery symbols written on it; and

(b)does not have a class 1 or 2 fishery symbol written on it.

surrender, for a fishery symbol written on a primary commercial fishing licence, means request the chief executive to amend the licence to remove the fishery symbol.16Nature of assistanceThe nature of the assistance under this division of the scheme is a payment to holders of particular primary commercial fishing licences who decide to surrender the licences or surrender particular fishery symbols written on the licences.17Amount of assistance(1)The amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—

(a)for an applicant who surrenders a primary commercial fishing licence—$20,000; or

(b)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or

(c)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or

(d)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or

(e)for an applicant who surrenders the fishery symbol ‘C1’—$25,000 for each fishery symbol surrendered; or

(f)for an applicant who surrenders the fishery symbol ‘L1’ or ‘L2’—

(i)if there is no tender boat for the fishery symbol—$7,000; or

(ii)if there is 1 tender boat for the fishery symbol—$8,000; or

(iii)if there are 2 tender boats for the fishery symbol—$9,000; or

(iv)if there are 3 tender boats for the fishery symbol—$10,000; or

(v)if there are 4 tender boats for the fishery symbol—$11,000; or

(vi)if there are 5 tender boats for the fishery symbol—$12,000; or

(vii)if there are 6 tender boats for the fishery symbol—$13,000; or

(g)for an applicant who surrenders the fishery symbol ‘L2’ if there are 7 tender boats for the fishery symbol—$14,000; or

(h)for an applicant who surrenders the fishery symbol ‘L3’—

(i)if there is no tender boat for the fishery symbol—$5,000; or

(ii)if there is 1 tender boat for the fishery symbol—$6,000; or

(iii)if there are 2 tender boats for the fishery symbol—$7,000; or

(i)for an applicant who surrenders the fishery symbol ‘N11’—$5,000; or

(j)for an applicant who surrenders the fishery symbol ‘RQ’—

(i)if there is no tender boat for the fishery symbol—$8,000; or

(ii)if there is 1 tender boat for the fishery symbol—$10,000; or

(iii)if there are 2 tender boats for the fishery symbol—$16,000; or

(iv)if there are 3 tender boats for the fishery symbol—$18,000; or

(v)if there are 4 tender boats for the fishery symbol—$20,000; or

(vi)if there are 5 tender boats for the fishery symbol—$22,000; or

(vii)if there are 6 tender boats for the fishery symbol—$24,000; or

(viii)if there are 7 tender boats for the fishery symbol—$26,000; or

(ix)if there are 8 tender boats for the fishery symbol—$28,000; or

(k)for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written and who surrenders any other fishery symbol mentioned in this section—$7,000; or

(l)for an applicant who surrenders the fishery symbol ‘SM’—

(i)if there is no tender boat for the fishery symbol—$10,000; or

(ii)if there is 1 tender boat for the fishery symbol—$15,000; or

(iii)if there are 2 tender boats for the fishery symbol—$17,000; or

(iv)if there are 3 tender boats for the fishery symbol—$20,000; or

(v)if there are 4 tender boats for the fishery symbol—$25,000; or

(vi)if there are 5 tender boats for the fishery symbol—$28,000; or

(vii)if there are 6 tender boats for the fishery symbol—$30,000; or

(m)for an applicant who surrenders the fishery symbol ‘T1’ or ‘T2’—$20,000; or

(n)for an applicant who surrenders the fishery symbol ‘T5’, ‘T6’, ‘T7’, ‘T8, or ‘T9’—$25,000.

(2)For subsection (1)—

(a)if the applicant surrenders more than 1 fishery symbol of the same type—the applicant may receive assistance for only 1 of the fishery symbols; and

(b)if the applicant surrenders the applicant’s primary commercial fishing licence—the applicant may receive the assistance mentioned in subsection (1)(a) in addition to assistance for surrender of a fishery symbol written on the licence.

(3)However, an applicant may receive assistance for 2 of the same type of fishery symbol mentioned in subsection(1)(e) if more than 1 fishery symbol of the type is surrendered. 18Eligibility criteria(1)For an applicant to be eligible to receive assistance under this division in round 1, the applicant—

(a)must hold a class 1 licence; and

(b)must surrender—

(i)a class 2 or 3 fishery symbol written on the licence; or

(ii)the applicant’s primary commercial fishing licence; and

(c)must not have received assistance for the same type of fishery symbol under division 1.

(2)For an applicant to be eligible to receive assistance under this division in round 2, the applicant—

(a)must hold—

(i)a class 2 or 3 licence; or

(ii)a primary commercial fishing licence, other than a class 1, 2 or 3 licence; and

(b)must surrender—

(i)a class 2 or 3 fishery symbol written on the licence; or

(ii)the applicant’s primary commercial fishing licence.

Note—For the priority in which applications are to be assessed in round 2, see section 21.19Conditions of assistanceThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 April 2024;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;

(e)the applicant must give consent to the authority to give notice to the chief executive of—

(i)the surrender of a fishery symbol mentioned in section 18(1)(b) or (2)(b) or the applicant’s primary commercial fishing licence; and

(ii)the assistance given to the applicant under this division of the scheme.

20Division to operate in rounds(1)This division of the scheme will operate in rounds.(2)Round 1—

(a)opens on the day stated on the authority’s website as the day the round opens; and

(b)closes on 15 March 2024.

(3)Round 2—

(a)opens on 8 April 2024; and

(b)closes on 30 April 2024.

21Priority of consideration for round 2In round 2 of this division of the scheme, the authority must consider approving applications for assistance in the following decreasing order of priority—

(a)a class 2 licence;

(b)a primary commercial fishing licence, other than a class 1, 2 or 3 licence;

(c)a class 3 licence.

Part 3Payments for quota unitsDivision 1Barramundi, grey mackerel and king threadfin22Definitions for divisionIn this division—barramundi units means quota units that are, immediately before 1 January 2024, BM1-ITQ units, BM2-ITQ units, BM3-ITQ units, BM4-ITQ units or BM5-ITQ units.grey mackerel units means quota units that are, immediately before 1 January 2024, GM1-ITQ units, GM2-ITQ units, GM3-ITQ units or GM4-ITQ units.king threadfin units means quota units that are, immediately before 1 January 2024, KT1-ITQ units, KT2-ITQ units, KT3-ITQ units, KT4-ITQ units or KT5-ITQ units.23Nature of the assistanceThe nature of the assistance that may be given to an applicant under this division of the scheme is a payment for particular quota units held by the applicant for barramundi, grey mackerel and king threadfin for the Great Barrier Reef or Great Sandy regions. 24Amount of assistanceThe amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—

(a)$17 for each barramundi unit held by the applicant; or

(b)$25 for each grey mackerel unit held by the applicant; or

(c)$20 for each king threadfin unit held by the applicant.

25Eligibility criteriaAn applicant is eligible for assistance under this division of the scheme if the applicant holds 1 or more barramundi units, grey mackerel units or king threadfin units.Note—For an application made after 31 December 2023, see section 5.26Conditions of assistanceThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not sell, lease or transfer a quota unit the subject of the application;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 2Grey mackerel, school mackerel and whiting (management region 5)27Definitions for divisionIn this division—GM5-ITQ units means quota units that are GM5-ITQ units.SCM5-ITQ units means quota units that are SCM5-ITQ units.WT5-ITQ units means quota units that are WT5-ITQ units.28Nature of the assistance(1)The nature of the assistance that may be given under this division of the scheme is a payment to holders of particular quota units for grey mackerel, school mackerel and whiting in management region 5 if the holders decide to surrender the quota units. (2)In this section—management region 5 means the east coast inshore management region 5 under the Fisheries (Commercial Fisheries) Regulation 2019.29Amount of assistanceThe amount of assistance that may be given to an applicant under this division of the scheme is—

(a)$25 for each GM5-ITQ unit surrendered by the applicant; or

(b)$20 for each SCM5-ITQ unit surrendered by the applicant; or

(c)$20 for each WT5-ITQ unit surrendered by the applicant.

30Eligibility criteriaAn applicant is eligible for assistance under this division of the scheme if—

(a)the applicant holds a quota authority certificate that states the applicant holds 1 or more of the following—

(i)a GM5-ITQ unit;

(ii)a SCM5-ITQ unit;

(iii)a WT5-ITQ unit; and

(b)the applicant surrenders a quota unit mentioned in paragraph (a).

31Conditions of assistanceThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not sell, lease or transfer a quota unit the subject of the application before the end of the day on 30 April 2024;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;

(e)the applicant must give consent to the authority to give notice to the chief executive of—

(i)the surrender mentioned in section 30(1)(b); and

(ii)the assistance given to the applicant under this division of the scheme.

Part 4Payments for loss of incomeDivision 1Great Barrier Reef region32Definitions for divisionIn this division—no fish period, for an applicant, see section 36(2)(b).relevant period catch, for an applicant, means the total weight (expressed in kilograms) of fish taken under the applicant’s primary commercial fishing licence in the period starting on 1 September 2021 and ending on 30 June 2023.special circumstances catch, for an applicant, see section 33.substituted period catch, for an applicant, means the total weight (expressed in kilograms) of fish taken under the applicant’s primary commercial fishing licence in the period starting on 1 July 2022 and ending on 31 August 2022.33Meaning of special circumstances catchThe special circumstances catch, for an applicant, is worked out using the following formula—where—C means the applicant’s special circumstances catch (expressed in kilograms).M means the number of months in the period starting on 1 September 2021 and ending on 30 June 2023 in which the applicant caught fish on at least 1 day in the month under the applicant’s primary commercial fishing licence.N means the number of months in the applicant’s no fish period (expressed as a whole number).R means the applicant’s relevant period catch.S means the applicant’s substituted period catch. 34Nature of assistanceThe nature of the assistance that may be given to an applicant under this division of the scheme is a payment of an amount worked out based on—

(a)the applicant’s fishing history in the Great Barrier Reef region; and

(b)the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025, and 1 July 2026.

35Amount of assistance(1)The amount of assistance that may be given to an applicant under this division of the scheme is—

(a)if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or

(b)if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or

(c)if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or

(d)if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.

(2)For subsection (1)(a), if the applicant is eligible for assistance under section 36(1), the amount is the amount worked out, to 2 decimal places, using the following formula—where—A means the amount.M means the price multiplier for the fish.R means the applicant’s relevant period catch.S means the applicant’s substituted period catch.(3)For subsection (1), if the applicant is eligible for assistance under section 36(2), the amount is the amount worked out, to 2 decimal places, using the following formula—where—A means the amount.C means the applicant’s special circumstances catch (expressed in kilograms).M means the price multiplier for the fish.R means the applicant’s relevant period catch.S means the applicant’s substituted period catch.36Eligibility criteria(1)An applicant is eligible for assistance under this division of the scheme if—

(a)the applicant—

(i)held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii)has a catch history in a commercial fishery in the Great Barrier Reef region; or

(b)the applicant—

(i)held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii)has a catch history in a commercial fishery in management region 1; or

(c)the applicant—

(i)leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii)provides evidence of the lease mentioned in subparagraph (i); and

(iii)has a catch history in a commercial fishery in the Great Barrier Reef region; or

(d)the applicant—

(i)leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii)provides evidence of the lease mentioned in subparagraph (i); and

(iii)has a catch history in a commercial fishery in management region 1.

(2)Also, an applicant is eligible for assistance under this division of the scheme if—

(a)the applicant is eligible for assistance under subsection (1)(a) or (b); and

(b)the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period) during the period starting on 1 September 2021 and ending on 30 June 2023; and

(c)the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and

(d)the applicant provides evidence of the special circumstance.

Example—medical certificate(3)For subsection (2)(c), special circumstances include—

(a)illness of the applicant or 1 or more of the applicant’s dependants; and

(b)natural disaster; and

(c)another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.

(4)However, special circumstances do not include—

(a)refitting a boat; or

(b)fishing in another fishery; or

(c)working in another industry.

(5)In this section—management region 1 means the east coast inshore management region 1 under the Fisheries (Commercial Fisheries) Regulation 2019.37Conditions of assistance(1)The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 April 2024;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 2Great Sandy region38Definitions for divisionIn this division—no fish period, for an applicant, see section 42(2)(b).relevant grid site means an area shown, on a relevant map for a fishery, as a Fisheries Queensland 6 minute grid site for the fishery.relevant map, for a fishery, means—

(a)for a crab pot fishery—the map in part 1.2 of the scheme annexure; or

(b)for a line fishery—the map in part 1.3 of the scheme annexure; or

(c)for a net fishery—the map in part 1.4 of the scheme annexure; or

(d)for a trawl fishery—the map in part 1.1 of the scheme annexure.

relevant period catch, for an applicant, means the amount worked out by—

(a)multiplying the total weight of each species of fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site inside, or partly inside, the Great Sandy region during the period starting on 1 September 2021 and ending on 30 June 2023 by the percentage stated in the relevant grid site for the fishery; and

(b)adding the result for each relevant grid site mentioned in paragraph (a).

special circumstances catch, for an applicant, see section 39.substituted period catch, for an applicant, means the amount worked out by—

(a)multiplying the total weight of the fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid square for the fishery during the period starting on 1 July 2022 and ending on 31 August 2022 by the percentage stated in the relevant grid square for the fishery; and

(b)adding the result for each relevant grid square mentioned in paragraph (a).

39Meaning of special circumstances catchThe special circumstances catch, for an applicant, is worked out using the following formula—where—C means the applicant’s special circumstances catch (expressed in kilograms).M means the number of months during the period starting on 1 September 2021 and ending on 30 June 2023 in which the applicant caught fish on at least 1 day in the month under the primary commercial fishing licence.N means the number of months in the applicant’s no fish period (expressed as a whole number).R means the applicant’s relevant period catch.S means the applicant’s substituted period catch. 40Nature of assistanceThe nature of the assistance that may be given to an applicant under this division of the scheme is a payment of amount worked out based on—

(a)the applicant’s fishing history in the Great Sandy region; and

(b)the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and

(c)changes to zoning and management in the Great Sandy region under the Marine Parks Act 2004 that—

(i)relate to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017; and

(ii)affect, or are likely to affect, the applicant.

41Amount of assistance(1)The amount of assistance that may be given to an applicant under this division of the scheme is—

(a)if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or

(b)if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or

(c)if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or

(d)if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.

(2)For subsection (1), if the applicant is eligible for assistance under section 42(1), the amount is the amount worked out, to 2 decimal places, using the following formula—where—A means the amount.M means the price multiplier for the fish.R means the applicant’s relevant period catch.S means the applicant’s substituted period catch.(3)For subsection (1), if the applicant is eligible for assistance under section 42(2), the amount is the amount worked out, to 2 decimal places, using the following formula—where—A means the amount.C means the applicant’s special circumstances catch (expressed in kilograms).M means the price multiplier for the fish.R means the applicant’s relevant period catch.S means the applicant’s substituted period catch.42Eligibility criteria(1)An applicant is eligible for assistance under this division of the scheme if—

(a)the applicant—

(i)held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023—

(A)‘C1’, ‘C2’;

(B)‘K8’;

(C)‘L1’, ‘L2,’, ‘L3’;

(D)‘N1’, ‘N2’, ‘N10’, ‘N11’;

(E)‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and

(ii)has a catch history in a commercial fishery in the Great Sandy region; or

(b)the applicant—

(i)leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii)provides evidence of the lease mentioned in subparagraph (i); and

(iii)has a catch history in a commercial fishery in the Great Sandy region.

(2)Also, an applicant is eligible for assistance under this division of the scheme if—

(a)the applicant is eligible for assistance under subsection (1)(a) or (b); and

(b)the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period) during the period starting on 1 September 2021 and ending on 30 June 2023; and

(c)the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and

(d)the applicant provides evidence of the special circumstance.

Example—medical certificate(3)For subsection (2)(c), special circumstances include—

(a)illness of the applicant or 1 or more of the applicant’s dependants; and

(b)natural disaster; and

(c)another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.

(4)However, special circumstances do not include—

(a)refitting a boat; or

(b)fishing in another fishery; or

(c)working in another industry.

43Conditions of assistanceThe payment to an applicant for assistance under this division of the scheme is subject to the following conditions—

(a)before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 April 2024;

(d)the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Part 5Grant for advice related to scheme44Nature of assistanceThe nature of the assistance that may be given to an applicant under this part of the scheme is a grant to obtain legal or financial assistance in relation to the scheme.45Amount of assistanceThe amount of assistance that may be given to an applicant under this part of the scheme is a grant of $3,000 for each primary commercial fishing licence held by the applicant.46Eligibility criteria(1)An applicant is eligible for assistance under this part of the scheme if—

(a)the applicant—

(i)holds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an eligible symbol) written on it; and

(ii)has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or

(b)the applicant—

(i)leases a primary commercial fishing licence on which an eligible symbol is written; and

(ii)leased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and

(iii)provides evidence of the lease mentioned in subparagraph (ii); and

(iv)has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.

(2)However, the applicant is not eligible if an applicant has already received assistance under this part for the same primary commercial fishing licence or eligible symbol.47Conditions of assistanceThe payment of assistance to an applicant under this division of the scheme is subject to the condition the applicant gives consent to the chief executive to share with the authority the applicant’s fishing data to the extent the fishing data is relevant to the application.Part 6Applications48Requirements for applications(1)An application for assistance under the scheme must—

(a)be made on the approved form; and

(b)be accompanied by the documents stated on the application form; and

(c)be given to the authority—

(i)on or after the day stated on the authority’s website as the day the scheme opens; and

(ii)before the closing day.

(2)An application may made by an applicant—

(a)if more than 1 person is a holder of the primary commercial fishing licence or quota unit—with the consent of each other holder of the primary commercial fishing licence or quota unit; or

(b)if a public company is the holder of the primary commercial fishing licence or quota unit—with the consent of a director of the public company.

(3)If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.(4)In this section—closing day means—

(a)for an application for assistance in round 1 for part 2, division 3—15 March 2024; or

(b)for another application—30 April 2024.

49Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under a part or division of the scheme.(2)However, the authority does not need to consider an application that does not comply with section 48(1).(3)The authority must decide applications in the order they are received by the authority, subject to section 21.(4)The authority must refuse to approve an application for assistance under a part or division of the scheme if the authority’s assistance funds for the assistance are not sufficient to pay for the assistance.(5)If the authority refuses to approve an application for assistance, the authority must give the applicant written notice of the decision.