Fisheries Act 1994
Fisheries Regulation 2008
Chapter 1
Preliminary
Part 1
Introduction
1
Short title
This regulation may be cited as the
Fisheries Regulation 2008
.
2
Commencement
This regulation commences on 1 April 2008.
Part 2
Interpretation
Division 1
Relationship with
Fisheries Declaration 2019
div hdg amd 2015 SL No. 12
s 5
sub 2019 SL No. 71
s 4
3
Regulation to be read with
Fisheries Declaration 2019
For fisheries declarations, this regulation must be read together with the
Fisheries Declaration 2019
.
Note—
See the
Fisheries Declaration 2019
, section 3 about the interpretation of terms in the declaration.
s 3 amd 2010 SL No. 35
s 5
sch 1; 2011 SL No. 236
s 2 sch
sub 2015 SL No. 12
s 6; 2019 SL No. 71
s 4
Division 2
Definitions
4
Dictionary
The dictionary in schedule 11 defines particular words used in this regulation.
4A
Meaning of stowed and secured—Act, s 77A
(1)
This section prescribes the meaning of stowed and secured for section 77A
(4) of the Act and this regulation.
(2)
A thing is stowed and secured if it is stowed inboard a boat.
s 4A ins 2019 SL No. 71
s 5
Division 3
Scientific names for fish
5
Definition for div 3
In this division—
species includes another taxonomic grouping.
6
Scientific names for species of fish
(1)
The scientific name for a species of fish mentioned in schedule 5, column 1 is the scientific name stated opposite the species of fish in schedule 5, column 2.
(2)
The scientific name for a species of fish mentioned in schedule 6, column 1 is the scientific name stated opposite the species of fish in schedule 6, column 2.
(3)
Without limiting subsection (1) or (2), the scientific name for a species of fish mentioned in this regulation or a declaration follows the scientific name for the species of the fish stated in a document mentioned in schedule 7 (a prescribed reference document).
s 6 amd 2008 SL No. 156
s 3; 2019 SL No. 71
s 6
7
Alternative scientific names in prescribed reference documents
(1)
Subsection (2) applies if, for a species of fish mentioned in this regulation or a declaration, there are alternative scientific names mentioned in more than 1 prescribed reference document under schedule 7.
(2)
The scientific name for the species follows the scientific name mentioned in the prescribed reference document with the lowest item number under schedule 7.
(3)
This section does not limit section 6.
(4)
In this section—
alternative, to a scientific name, includes a variation of the name.
s 7 amd 2010 SL No. 164
s 27; 2019 SL No. 71
s 6
8
Inconsistency between prescribed reference and scheduled names
(1)
This section applies if—
(a)
in a document, other than a prescribed reference document, a species of fish is referred to by the scientific name for the species stated in a prescribed reference document (the prescribed reference name); and
(b)
the prescribed reference name is not consistent with the scientific name for the species stated in schedule 5 or 6 (the scheduled name).
(2)
The reference to the prescribed reference name may, if the context permits, be taken to be a reference to the scheduled name.
Division 4
References to regulated waters
div hdg sub 2019 SL No. 71
s 59
sch 1
9
References to regulated waters by name or description
A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the
Fisheries Declaration 2019
, schedule 1.
s 9 amd 2019 SL No. 71
s 59
sch 1
10
s 10 om 2019 SL No. 71
s 7
11
s 11 om 2019 SL No. 71
s 7
12
s 12 om 2019 SL No. 71
s 7
Division 5
Matters relating to authorities and commercial fisheries
13
References to an authority include its conditions
A reference to an authority includes a reference to its conditions.
s 13 amd 2019 SL No. 71
s 59
sch 1
14
References to activities carried out under an authority
A person carries out an activity under an authority only if—
(a)
the authority, or a provision of this regulation about that type of authority, authorises the person to carry out the activity; and
(b)
the person carries out the activity in accordance with that authorisation.
Note—
See also section 208 (Authorisations subject to regulation, declarations and authorities).
s 14 amd 2019 SL No. 71
s 59
sch 1
15
Who is a commercial fisher
(1)
Generally, a commercial fisher is anyone who holds a commercial fisher licence.
(2)
However, in a fishery provision about a commercial fishery in chapters 7 to 11, a reference to a commercial fisher is a reference to a commercial fisher acting under the commercial fishing boat licence on which is written a fishery symbol for the fishery.
s 15 amd 2016 SL No. 193
s 3
15A
What is a commercial fishery
(1)
Generally, a commercial fishery is a fishery provided for under chapters 7 to 11.
(2)
A reference to a commercial fishery includes a reference to the authorisations and conditions stated in a fishery provision about the fishery.
(3)
A reference to doing a thing in a commercial fishery includes a reference to doing the thing under the authorisations and conditions stated in a fishery provision about the fishery.
s 15A ins 2008 SL No. 448
s 4
amd 2010 SL No. 164
s 28; 2019 SL No. 71
s 59
sch 1
16
References to the licence in a fishery provision
In a fishery provision about a commercial fishery, a reference to the licence is a reference to a licence on which is written a fishery symbol for the fishery.
Division 6
Working out boundaries of areas
17
References to latitudes and longitudes
(1)
Subject to subsection (2), the latitudes and longitudes used to describe the boundary of an area are worked out using GDA 94.
(2)
The latitudes and longitudes used to describe the boundary of an area shown on a fish habitat area plan mentioned in schedule 3 are worked out using AGD 84.
(3)
In this section—
AGD 84 means the Australian Geodetic Datum 1984, commonly called ‘AGD 84’, defined in the technical report by Allman, JS and Veenstra, C titled ‘Geodetic Model of Australia 1982’, Technical Report 33, published in 1984 by the Commonwealth Department of Resources and Energy, Division of National Mapping.
Editor’s note—
The report may be inspected, during office hours on business days, at the southern regional office of the department in which the
Survey and Mapping Infrastructure Act 2003
is administered. On the notification day that office was at the Landcentre, corner of Vulture and Main Streets, Woolloongabba.
GDA 94 means the Geocentric Datum of Australia 1994, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.
s 17 amd 2010 SL No. 164
s 29
18
References to boundaries, lines, shores and other points
Unless otherwise provided, the following apply—
(a)
a boundary or line along a shore follows high water mark;
(b)
a boundary or line along a shore intersected by a waterway crosses the waterway by the shortest line between its banks;
(c)
other boundaries and lines run from point to point in a straight line;
(d)
a reference to a shore is a reference to the shore at high water mark;
(e)
a reference to a point or to the tip of an island or other geographical feature, is a reference to the point or tip on the shore at high water mark.
19
References to waterways
Unless otherwise provided, a reference to a waterway is a reference to all of the following—
(a)
the waterway upstream of the shortest line between its banks at their junction, at low water, with the body of water into which the waterway finally flows;
(b)
the foreshores of the waterway.
20
References to banks of waterways
Unless otherwise provided, a reference to a bank of a waterway is a reference to the bank at its junction, at high water, with the body of water into which it finally flows.
Division 7
Other general provisions aiding interpretation
21
References to aids to navigation
A reference to a beacon, buoy, lead, light or marine mark is a reference to an aid to navigation under the
Transport Operations (Marine Safety) Act 1994
, section 104.
22
References to distances between nets
A reference to a distance between nets is a reference to—
(a)
for nets in a waterway—the distance between the nets measured along the centre line of the waterway; and
(b)
for nets on a foreshore—the distance between the nets measured along the shore.
23
References to drops and number of meshes
(1)
A reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut.
(2)
A reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net.
24
References to periods of days or months
(1)
This section applies if a provision states a period that—
(a)
starts on a day or in a month (the first mentioned day or month); and
(b)
ends on a day or in a month (the second mentioned day or month).
(2)
The period is taken to start at the beginning of the first mentioned day or month and end at the end of the second mentioned day or month.
Example—
A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.
s 24 amd 2019 SL No. 71
s 59
sch 1
25
References to times
(1)
This section applies if a provision states a period that starts at a time (the first mentioned time) and ends at another time (the second mentioned time).
(2)
The period is taken to start at the first mentioned time and end at the second mentioned time whether the second mentioned time is on the same, or a different, day, week, month or year.
Examples—
•
A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November and ending at midday on 1 February.
•
A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the next day.
•
A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time within the stated days starting at 3p.m. on a particular day and ending at 5a.m. on the next day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.
Chapter 2
ch hdg om 2019 SL No. 71
s 8
Part 1
pt hdg om 2019 SL No. 71
s 8
26
s 26 om 2019 SL No. 71
s 8
Part 2
pt hdg om 2019 SL No. 71
s 8
27
s 27 amd 2018 SL No. 179
s 3
sch 1
om 2019 SL No. 71
s 8
28
s 28 amd 2018 SL No. 179
s 3
sch 1
om 2019 SL No. 71
s 8
29
Boundaries of regulated waters on fisheries regulated waters plans
s 29 om 2019 SL No. 71
s 8
Part 3
pt hdg om 2019 SL No. 71
s 8
30
s 30 amd 2015 SL No. 125
s 4
om 2019 SL No. 71
s 8
31
s 31 amd 2015 SL No. 125
s 4
om 2019 SL No. 71
s 8
Part 4
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
32
s 32 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
Subdivision 1
Waters to which any permit can apply
sdiv hdg ins 2011 SL No. 224
s 3
om 2019 SL No. 71
s 8
33
s 33 sub 2008 SL No. 448
s 5; 2011 SL No. 224
s 4
om 2019 SL No. 71
s 8
34
s 34 om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg ins 2011 SL No. 224
s 5
om 2019 SL No. 71
s 8
34A
s 34A ins 2011 SL No. 224
s 5
om 2019 SL No. 71
s 8
34B
s 34B ins 2011 SL No. 224
s 5
amd 2013 SL No. 270
s 3
om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
Subdivision 1
sdiv hdg om 2019 SL No. 71
s 8
35
s 35 amd 2011 SL No. 106
s 4
om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg om 2019 SL No. 71
s 8
36
s 36 om 2019 SL No. 71
s 8
Subdivision 3
sdiv hdg amd 2008 SL No. 156
s 4
om 2019 SL No. 71
s 8
37
s 37 om 2019 SL No. 71
s 8
38
s 38 om 2019 SL No. 71
s 8
39
s 39 om 2019 SL No. 71
s 8
40
s 40 amd 2012 SL No. 252
s 6 sch
om 2016 SL No. 193
s 4
Part 5
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
41
s 41 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
42
s 42 amd 2014 SL No. 69
s 4
om 2019 SL No. 71
s 8
Division 3
div hdg sub 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
Subdivision 1
sdiv hdg ins 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
43
s 43 sub 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
44
s 44 amd 2008 SL No. 314
s 16
sub 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg ins 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
44A
s 44A ins 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
44B
s 44B ins 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
Subdivision 3
sdiv hdg ins 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
45
s 45 sub 2011 SL No. 236
s 3
om 2019 SL No. 71
s 8
Division 3A
div hdg ins 2010 SL No. 354
s 3
om 2011 SL No. 140
s 4
45A
s 45A ins 2010 SL No. 354
s 3
om 2011 SL No. 140
s 4
45B
s 45B ins 2010 SL No. 354
s 3
om 2011 SL No. 140
s 4
Division 4
div hdg om 2019 SL No. 71
s 8
Subdivision 1
sdiv hdg om 2019 SL No. 71
s 8
46
s 46 om 2019 SL No. 71
s 8
47
s 47 amd 2008 SL No. 384
s 4; 2009 SL No. 213
s 19; 2014 SL No. 69
s 5; 2018 SL No. 149
s 3
om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg amd 2008 SL No. 156
s 5
om 2019 SL No. 71
s 8
48
s 48 om 2019 SL No. 71
s 8
49
s 49 om 2019 SL No. 71
s 8
50
Commercial
s 50 amd 2008 SL No. 384
s 5; 2009 SL No. 213
s 20; 2015 SL No. 12
s 7
om 2019 SL No. 71
s 8
Division 5
div hdg om 2019 SL No. 71
s 8
51
s 51 sub 2008 SL No. 448
s 6
amd 2011 SL No. 106
s 5; 2014 SL No. 69
s 6; 2014 SL No. 282
s 4; 2016 SL No. 193
s 5
om 2019 SL No. 71
s 8
52
s 52 om 2019 SL No. 71
s 8
Division 6
div hdg sub 2014 SL No. 282
s 5
om 2019 SL No. 71
s 8
53
s 53 sub 2014 SL No. 282
s 5
om 2019 SL No. 71
s 8
54
s 54 sub 2014 SL No. 282
s 5
om 2019 SL No. 71
s 8
Division 7
div hdg om 2019 SL No. 61
s 4
55
s 55 amd 2009 SL No. 61
s 5
om 2019 SL No. 61
s 4
56
s 56 om 2019 SL No. 61
s 4
Division 8
div hdg om 2019 SL No. 71
s 8
57
Prohibited activities and regulated
s 57 amd 2018 SL No. 149
s 4
om 2019 SL No. 71
s 8
Division 9
div hdg om 2019 SL No. 71
s 8
58
s 58 amd 2008 SL No. 384
s 6
om 2019 SL No. 71
s 8
58AA
s 58AA ins 2008 SL No. 431
s 15
om 2019 SL No. 71
s 8
Division 9A
div hdg ins 2008 SL No. 314
s 17
sub 2009 SL No. 61
s 6
om 2019 SL No. 71
s 8
58A
s 58A ins 2008 SL No. 314
s 17
amd 2009 SL No. 61
s 7; 2014 SL No. 69
s 7
om 2019 SL No. 71
s 8
Division 9B
div hdg ins 2014 SL No. 282
s 6
om 2019 SL No. 71
s 8
58B
s 58B ins 2014 SL No. 282
s 6
om 2019 SL No. 71
s 8
Division 10
div hdg om 2019 SL No. 71
s 8
59
s 59 om 2019 SL No. 71
s 8
60
s 60 om 2011 SL No. 224
s 6
61
s 61 om 2019 SL No. 71
s 8
62
s 62 amd 2008 SL No. 448
s 7
om 2019 SL No. 71
s 8
63
s 63 om 2019 SL No. 71
s 8
64
s 64 om 2019 SL No. 71
s 8
Part 6
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
65
s 65 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
66
Prohibited activities
s 66 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
67
s 67 om 2019 SL No. 71
s 8
68
s 68 om 2019 SL No. 71
s 8
Division 4
div hdg om 2019 SL No. 71
s 8
69
s 69 om 2019 SL No. 71
s 8
70
s 70 om 2019 SL No. 71
s 8
Part 7
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
71
s 71 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
Subdivision 1
sdiv hdg sub 2009 SL No. 61
s 8
om 2019 SL No. 71
s 8
72
s 72 amd 2009 SL No. 61
s 9
om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg om 2019 SL No. 71
s 8
73
s 73 om 2019 SL No. 71
s 8
74
s 74 amd 2011 SL No. 224
s 7; 2011 SL No. 236
s 2 sch
om 2019 SL No. 71
s 8
Subdivision 3
sdiv hdg sub 2009 SL No. 61
s 10
om 2019 SL No. 71
s 8
75
s 75 amd 2008 SL No. 314
s 18; 2009 SL No. 61
s 11; 2014 SL No. 328
s 4
om 2019 SL No. 71
s 8
76
s 76 amd 2009 SL No. 61
s 12
om 2019 SL No. 71
s 8
Subdivision 4
sdiv hdg ins 2011 SL No. 224
s 8
sub 2012 SL No. 252
s 6 sch
om 2019 SL No. 71
s 8
76A
s 76A ins 2011 SL No. 224
s 8
amd 2012 SL No. 252
s 6 sch
om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
Subdivision 1
sdiv hdg om 2019 SL No. 71
s 8
77
s 77 amd 2011 SL No. 106
s 6
om 2019 SL No. 71
s 8
78
s 78 om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg om 2019 SL No. 71
s 8
79
s 79 om 2019 SL No. 71
s 8
Subdivision 3
sdiv hdg om 2019 SL No. 71
s 8
80
s 80 amd 2008 SL No. 156
s 2 sch; 2011 SL No. 106
s 7
om 2019 SL No. 71
s 8
81
Prohibited activities
s 81 om 2019 SL No. 71
s 8
Part 8
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
82
s 82 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
83
s 83 om 2019 SL No. 71
s 8
84
s 84 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
85
s 85 amd 2009 SL No. 61
s 13
om 2019 SL No. 71
s 8
Part 9
pt hdg om 2019 SL No. 71
s 8
Division 1
Regulated persons
div hdg om 2019 SL No. 71
s 8
86
s 86 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
87
s 87 amd 2008 SL No. 156
s 2 sch; 2008 SL No. 314
s 19
sub 2008 SL No. 448
s 8 (amd 2009 SL No. 114
s 3)
amd 2011 SL No. 224
s 9; 2011 SL No. 236
s 2 sch
om 2019 SL No. 71
s 8
88
s 88 om 2019 SL No. 71
s 8
89
s 89 amd 2008 SL No. 448
s 9; 2013 SL No. 270
s 4
om 2015 SL No. 125
s 5
Division 3
div hdg om 2019 SL No. 71
s 8
90
s 90 amd 2008 SL No. 314
s 20; 2008 SL No. 448
s 10
om 2019 SL No. 71
s 8
91
s 91 om 2019 SL No. 71
s 8
Part 10
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
92
s 92 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
93
s 93 om 2019 SL No. 71
s 8
94
s 94 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
95
div hdg om 2019 SL No. 71
s 8
96
s 96 amd 2008 SL No. 156
s 6; 2008 SL No. 448
s 11; 2011 SL No. 106
s 8; 2011 SL No. 224
s 10
om 2019 SL No. 71
s 8
Division 4
div hdg om 2019 SL No. 71
s 8
97
s 97 sub 2008 SL No. 448
s 12
om 2019 SL No. 71
s 8
98
s 98 amd 2008 SL No. 448
s 13
om 2019 SL No. 71
s 8
Division 5
div hdg om 2019 SL No. 71
s 8
99
s 99 om 2019 SL No. 71
s 8
100
s 100 om 2019 SL No. 71
s 8
101
s 101 amd 2008 SL No. 448
s 14; 2012 SL No. 252
s 7
om 2019 SL No. 71
s 8
Part 11
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
102
s 102 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
103
s 103 sub 2008 SL No. 448
s 15 (amd 2009 SL No. 114
s 4)
om 2019 SL No. 71
s 8
104
s 104 sub 2009 SL No. 114
s 20
amd 2010 SL No. 164
s 30
om 2019 SL No. 71
s 8
105
s 105 sub 2009 SL No. 114
s 20
om 2019 SL No. 71
s 8
106
s 106 sub 2009 SL No. 114
s 20
amd 2010 SL No. 164
s 31
om 2019 SL No. 71
s 8
107
s 107 om 2009 SL No. 114
s 21
108
s 108 om 2009 SL No. 114
s 21
Division 3
div hdg om 2019 SL No. 71
s 8
109
s 109 amd 2008 SL No. 156
s 7; 2008 SL No. 448
s 18 (amd 2009 SL No. 114
s 7)
om 2019 SL No. 71
s 8
Division 4
div hdg om 2019 SL No. 71
s 8
110
s 110 om 2019 SL No. 71
s 8
Division 5
div hdg sub 2008 SL No. 448
s 19
om 2019 SL No. 71
s 8
110A
s 110A ins 2008 SL No. 156
s 8
om 2008 SL No. 448
s 19
111
s 111 sub 2008 SL No. 448
s 19 (amd 2009 SL No. 114
s 8)
om 2019 SL No. 71
s 8
112
s 112 sub 2008 SL No. 156
s 9
om 2008 SL No. 448
s 19
113
s 113 om 2008 SL No. 448
s 19
Division 6
div hdg om 2019 SL No. 71
s 8
114
s 114 sub 2008 SL No. 156
s 10; 2008 SL No. 448
s 20 (amd 2009 SL No. 114
s 9)
om 2019 SL No. 71
s 8
Division 7
div hdg om 2019 SL No. 71
s 8
115
s 115 om 2019 SL No. 71
s 8
116
s 116 amd 2008 SL No. 156
s 11; 2008 SL No. 314
s 21
sub 2008 SL No. 448
s 21 (amd 2009 SL No. 114
s 10)
om 2019 SL No. 71
s 8
116A
s 116A ins 2008 SL No. 448
s 21
om 2019 SL No. 71
s 8
Part 12
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
117
s 117 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
118
s 118 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
119
s 119 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 22 (amd 2009 SL No. 114
s 11)
om 2019 SL No. 71
s 8
120
s 120 sub 2008 SL No. 448
s 22
om 2019 SL No. 71
s 8
120A
s 120A ins 2008 SL No. 448
s 22
om 2019 SL No. 71
s 8
121
s 121 amd 2008 SL No. 448
s 23
om 2019 SL No. 71
s 8
122
s 122 amd 2008 SL No. 448
s 24
om 2019 SL No. 71
s 8
Part 12A
pt hdg ins 2015 SL No. 125
s 6
om 2019 SL No. 71
s 8
Division 1
div hdg ins 2015 SL No. 125
s 6
om 2019 SL No. 71
s 8
123
s 123 orig s 123 amd 2008 SL No. 156
s 2 sch
om 2008 SL No. 448
s 25
prev s 123 ins 2015 SL No. 125
s 6
om 2019 SL No. 71
s 8
Division 2
div hdg ins 2015 SL No. 125
s 6
om 2019 SL No. 71
s 8
123A
s 123A ins 2015 SL No. 125
s 6
om 2019 SL No. 71
s 8
123B
s 123B ins 2015 SL No. 125
s 6
om 2019 SL No. 71
s 8
Part 13
pt hdg om 2019 SL No. 71
s 8
124
s 124 om 2019 SL No. 71
s 8
125
s 125 amd 2016 SL No. 193
s 6
om 2019 SL No. 71
s 8
126
s 126 om 2019 SL No. 71
s 8
127
s 127 om 2019 SL No. 71
s 8
Chapter 3
ch hdg om 2019 SL No. 71
s 8
Part 1
pt hdg om 2019 SL No. 71
s 8
128
s 128 om 2019 SL No. 71
s 8
129
s 129 om 2019 SL No. 71
s 8
Part 2
pt hdg om 2019 SL No. 71
s 8
130
s 130 om 2019 SL No. 71
s 8
131
s 131 om 2019 SL No. 71
s 8
132
s 132 om 2019 SL No. 71
s 8
133
s 133 om 2019 SL No. 71
s 8
134
s 134 om 2019 SL No. 71
s 8
135
s 135 om 2019 SL No. 71
s 8
136
s 136 om 2019 SL No. 71
s 8
137
s 137 om 2019 SL No. 71
s 8
138
s 138 amd 2011 SL No. 224
s 11
om 2019 SL No. 71
s 8
139
s 139 amd 2019 SL No. 61
s 5
om 2019 SL No. 71
s 8
Part 3
pt hdg om 2019 SL No. 71
s 8
140
s 140 om 2019 SL No. 71
s 8
141
s 141 amd 2008 SL No. 448
s 26; 2009 SL No. 114
s 22
om 2019 SL No. 71
s 8
142
s 142 om 2019 SL No. 71
s 8
143
s 143 amd 2008 SL No. 448
s 27
om 2019 SL No. 71
s 8
Part 4
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
144
s 144 om 2019 SL No. 71
s 8
145
s 145 om 2019 SL No. 71
s 8
146
s 146 amd 2009 SL No. 61
s 14
om 2019 SL No. 71
s 8
147
s 147 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
148
s 148 om 2019 SL No. 71
s 8
Part 5
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
149
s 149 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
150
s 150 om 2019 SL No. 71
s 8
151
s 151 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
152
s 152 amd 2016 SL No. 75
s 129
sch 12
om 2019 SL No. 71
s 8
153
s 153 om 2019 SL No. 71
s 8
Part 6
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
154
s 154 om 2019 SL No. 71
s 8
155
s 155 om 2019 SL No. 71
s 8
156
s 156 amd 2009 SL No. 61
s 15
om 2019 SL No. 71
s 8
157
s 157 amd 2008 SL No. 448
s 28
om 2019 SL No. 71
s 8
157A
s 157A ins 2008 SL No. 448
s 29
om 2019 SL No. 71
s 8
158
s 158 sub 2009 SL No. 213
s 21
om 2019 SL No. 71
s 8
159
s 159 om 2019 SL No. 71
s 8
160
s 160 om 2019 SL No. 71
s 8
160A
s 160A ins 2011 SL No. 224
s 12
om 2019 SL No. 71
s 8
161
s 161 amd 2009 SL No. 61
s 16
om 2019 SL No. 71
s 8
162
s 162 om 2019 SL No. 71
s 8
163
s 163 om 2019 SL No. 71
s 8
164
s 164 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
165
s 165 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
166
s 166 om 2019 SL No. 71
s 8
Division 4
div hdg om 2019 SL No. 71
s 8
167
s 167 om 2019 SL No. 71
s 8
Part 7
pt hdg om 2019 SL No. 71
s 8
168
s 168 om 2019 SL No. 71
s 8
169
s 169 om 2019 SL No. 71
s 8
170
s 170 sub 2012 SL No. 252
s 8
om 2019 SL No. 71
s 8
171
s 171 amd 2011 SL No. 224
s 13
om 2019 SL No. 71
s 8
172
s 172 om 2019 SL No. 71
s 8
173
s 173 amd 2009 SL No. 33
s 10
om 2019 SL No. 71
s 8
174
s 174 om 2019 SL No. 71
s 8
175
s 175 amd 2016 SL No. 193
s 7
sub 2019 SL No. 61
s 6
om 2019 SL No. 71
s 8
Chapter 4
ch hdg om 2019 SL No. 71
s 8
Part 1
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
176
s 176 amd 2010 SL No. 35
s 5
sch 1
om 2019 SL No. 71
s 8
177
s 177 om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
178
s 178 amd 2009 SL No. 61
s 17
om 2019 SL No. 71
s 8
179
s 179 om 2019 SL No. 71
s 8
180
s 180 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
181
s 181 om 2019 SL No. 71
s 8
Division 4
div hdg om 2019 SL No. 71
s 8
Subdivision 1
sdiv hdg sub 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
182
s 182 sub 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
183
s 183 sub 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
184
s 184 sub 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
185
s 185 amd 2008 SL No. 384
s 7
sub 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
185A
s 185A ins 2008 SL No. 384
s 8
sub 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
185B
s 185B ins 2010 SL No. 35
s 6
om 2019 SL No. 71
s 8
185C
s 185C ins 2010 SL No. 35
s 6
sub 2014 SL No. 282
s 7
om 2019 SL No. 71
s 8
185CA
s 185CA ins 2014 SL No. 282
s 7
om 2019 SL No. 71
s 8
185D
s 185D ins 2010 SL No. 35
s 6
sub 2014 SL No. 282
s 7
om 2019 SL No. 71
s 8
185E
s 185E ins 2010 SL No. 35
s 6
amd 2014 SL No. 282
s 8
om 2019 SL No. 71
s 8
185F
s 185F ins 2010 SL No. 35
s 6
amd 2014 SL No. 282
s 9
om 2019 SL No. 71
s 8
Subdivision 2
sdiv hdg om 2019 SL No. 71
s 8
186
s 186 amd 2010 SL No. 35
s 5
sch 1
om 2019 SL No. 71
s 8
187
s 187 om 2019 SL No. 71
s 8
187A
s 187A ins 2010 SL No. 35
s 7
amd 2011 SL No. 224
s 14
om 2019 SL No. 71
s 8
187B
s 187B ins 2010 SL No. 35
s 7
om 2019 SL No. 71
s 8
187C
s 187C ins 2010 SL No. 35
s 7
amd 2011 SL No. 224
s 15
om 2019 SL No. 71
s 8
188
s 188 amd 2008 SL No. 384
s 9; 2009 SL No. 213
s 22; 2008 SL No. 431
s 17; 2011 SL No. 106
s 9; 2011 SL No. 224
s 16; 2016 SL No. 193
s 8
om 2019 SL No. 71
s 8
189
s 189 amd 2008 SL No. 156
s 12; 2012 SL No. 252
s 9
om 2019 SL No. 71
s 8
190
s 190 om 2019 SL No. 71
s 8
191
s 191 om 2019 SL No. 71
s 8
192
s 192 sub 2008 SL No. 448
s 30; 2010 SL No. 35
s 8
om 2016 SL No. 193
s 9
193
s 193 amd 2008 SL No. 156
s 13
sub 2008 SL No. 448
s 30
om 2010 SL No. 35
s 8
194
s 194 amd 2008 SL No. 156
s 14
om 2019 SL No. 71
s 8
Division 5
div hdg om 2019 SL No. 71
s 8
195
s 195 om 2019 SL No. 71
s 8
Part 2
pt hdg om 2019 SL No. 71
s 8
Division 1
div hdg om 2019 SL No. 71
s 8
196
s 196 amd 2014 SL No. 282
s 10
om 2019 SL No. 71
s 8
Division 2
div hdg om 2019 SL No. 71
s 8
197
s 197 sub 2008 SL No. 448
s 31
amd 2016 SL No. 193
s 10
om 2019 SL No. 71
s 8
198
s 198 om 2019 SL No. 71
s 8
Division 3
div hdg om 2019 SL No. 71
s 8
198A
s 198A ins 2014 SL No. 282
s 11
om 2019 SL No. 71
s 8
199
s 199 om 2016 SL No. 193
s 11
Division 4
div hdg om 2019 SL No. 71
s 8
200
s 200 om 2019 SL No. 71
s 8
Chapter 5
Authorities
Part 1
Preliminary
201
Simplified outline of ch 5
In outline, this chapter provides for authorities and related matters as follows—
(a)
part 2 describes particular types of authorities that may be issued and sets out provisions applying generally to authorities and to more than 1 type of authority;
(b)
parts 3 to 5 provide generally for particular types of authorities, other than authorities relating to commercial fishing;
(c)
part 6 provides generally for authorities relating to commercial fishing;
(d)
parts 7 to 9 provide for particular authorities relating to commercial fishing.
Part 2
General provisions about authorities
Division 1
Types of authorities
sdiv 1 hdg om 2019 SL No. 71
s 9
sdiv 2 hdg sub 2015 SL No. 12
s 9
om 2019 SL No. 71
s 12
202
Purpose of division
This division states the types of permits, licences and quota authorities the chief executive may issue under section 49 of the Act.
s 202 sub 2019 SL No. 71
s 10
203
s 203 om 2019 SL No. 71
s 11
204
Types of permits
(1)
The types of permit the chief executive may issue are the following—
(a)
developmental fishing permits;
(b)
indigenous fishing permits;
(c)
stocked impoundment permits;
(d)
a filleting permit to the holder of an RQ fishery licence;
(e)
a permit for an activity mentioned in subsection (2) (a general fisheries permit).
Note—
Part 4 provides for matters relating to the issue of, and authorisation under, particular permits.
(2)
Subject to part 4, division 1, the chief executive may issue a general fisheries permit for an activity that—
(a)
is not able to be carried out under another type of authority; and
(b)
is carried out for any purpose, regardless of whether it is for a commercial purpose or a non-commercial purpose.
Example of activity carried out for a commercial purpose—
collection of fish for aquaculture
Example of activity carried out for a non-commercial purpose—
fisheries research and monitoring
(3)
For a general fisheries permit for an activity for which the sole or main purpose is a commercial purpose, the chief executive must state a term for the permit that ends on a day that is not more than 2 years after the day on which the permit was issued.
s 204 amd 2010 SL No. 35
s 9; 2012 SL No. 252
s 10; 2013 SL No. 270
s 5; 2015 SL No. 12
s 8
205
Types of licences
The types of licence the chief executive may issue are the following—
(a)
a carrier boat licence;
(b)
a charter fishing licence;
(c)
a commercial fisher licence;
(d)
a commercial fishing boat licence;
(e)
a commercial harvest fishery licence.
Note—
Part 5 provides for matters relating to licences mentioned in paragraphs (a) and (b) and parts 6 to 9 provide for matters relating to the licences mentioned in paragraphs (c) to (e).
s 205 amd 2009 SL No. 33
s 11
206
Types of quota authorities
The types of quota authorities under the Act are the following—
(a)
T1 effort units and T2 effort units under chapter 7A, part 7;
(b)
SM units under chapter 10, parts 2 to 6;
(c)
CT line units, OS line units and RTE line units under chapter 10A, parts 2 to 6;
(d)
ITQ units under chapter 11, part 1A, division 7;
(e)
T4-ITQ units under chapter 11, part 3, division 5.
Note—
Generally speaking, the chief executive may not issue more quota authorities of any of the types mentioned in this section—see sections 392BN, 556A, 591N, 600NA and 614G.
s 206 sub 2010 SL No. 35
s 10
amd 2014 SL No. 328
s 5
sub 2015 SL No. 12
s 9; 2019 SL No. 71
s 13
207
s 207 amd 2010 SL No. 35
s 5
sch 1
om 2015 SL No. 12
s 9
Division 1A
Activities for which authorities can not be issued
div 1A (s 207A) ins 2011 SL No. 236
s 4
207A
Prohibition on issue of authority authorising the use of bottom set line in Gulf of Carpentaria waters
The chief executive can not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.
div 1A (s 207A) ins 2011 SL No. 236
s 4
Division 2
Authorisations under authorities
208
Authorisations subject to regulation, declarations and authorities
(1)
This section applies if an activity is authorised to be carried out under an authority under—
(a)
a provision in—
(i)
parts 3 to 9; or
(ii)
chapter 6, part 5; or
(iii)
chapters 7 to 11; or
(b)
the authority itself.
(2)
The carrying out of the activity is subject to any relevant prohibitions or restrictions under this regulation, a declaration or the authority itself.
Examples of relevant restrictions—
•
restrictions under the
Fisheries Declaration 2019
•
conditions applying generally to licences with fishery symbols under chapter 6, part 6
s 208 amd 2008 SL No. 156
ss 15, 2 sch; 2019 SL No. 71
s 14
209
Authority holder only requires 1 authority for an activity
(1)
This section applies to the holder of an authority if the authority authorises an activity for which another authority may be issued under this regulation.
(2)
The holder of the authority does not require another authority for the activity.
s 209 amd 2019 SL No. 71
s 59
sch 1
Division 3
Register of authorities
210
Particulars to be contained in register—Act, s 73
For section 73
(2) of the Act, the register must contain the following particulars about each authority issued by the chief executive—
(a)
the type, category and number of the authority;
(b)
the fishery symbols, if any, written on the authority;
(c)
the authority holder’s full name;
(d)
the holder’s postal address;
(e)
other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80
(1)
(b) of the Act;
(f)
third party interests in the authority, if any, notified to the chief executive;
(g)
for all quota authorities of the same type held by the same person—
(i)
the person’s name; and
(ii)
the number of authorities held by the person; and
(iii)
if conditions have been imposed on any of the authorities—the conditions; and
(iv)
if any of the authorities are suspended—the number of the authorities and the period of the suspension;
(h)
for an ‘M2’ licence—
(i)
the boat mark for the boat identified in the licence; and
(ii)
the boat’s hull units, beam, depth and length; and
(iii)
the boat’s main engine power in maximum continuous brake kW.
s 210 amd 2011 SL No. 224
s 17; 2019 SL No. 71
s 15
211
Holder to notify chief executive of particular changes—Act, s 73
For section 73
(3) of the Act, an authority holder must give the chief executive written particulars of any of the following changes in circumstances—
(a)
a change of the holder’s name;
(b)
if the holder is an individual—a change of the holder’s residential, business or postal address;
(c)
if the holder is a corporation—
(i)
a change of the address of the holder’s registered office; or
(ii)
a change of the address of the holder’s office, if any, in the State; or
(iii)
a person becoming, or ceasing to be, an executive officer of the holder;
(d)
a change in a third party interest in the authority notified to the chief executive;
(e)
a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80
(1)
(b) of the Act.
s 211 amd 2019 SL No. 71
s 16
Division 4
Other matters
212
Authorities that continue after holder’s death—Act, s 70C
The following authorities are prescribed for section 70C
(1) of the Act—
(a)
a charter fishing licence;
(b)
a commercial fishing boat licence;
(c)
a commercial harvest fishery licence;
(d)
an effort unit;
(e)
an ITQ unit;
(f)
a line unit;
(g)
a resource allocation authority;
(h)
an SM unit.
s 212 amd 2009 SL No. 33
s 12
213
Authorities in which inspectors may have an interest
An inspector may hold or have an interest in an authority for—
(a)
conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or
(b)
taking or possessing fish for stocking waters; or
(c)
releasing fish; or
(d)
taking fish from a stocked impoundment by using a fishing line; or
(e)
performing the inspector’s functions.
s 213 amd 2010 SL No. 35
s 5
sch 1; 2014 SL No. 282
s 12; 2016 SL No. 193
s 12
Part 3
Resource allocation authorities
Division 1
Preliminary
214
Meaning of prescribed development purpose for declared fish habitat area
A prescribed development purpose for a declared fish habitat area, means any of the following in, or directly affecting, the area—
(a)
restoring the fish habitat or natural processes;
Examples—
•
reinstating tidal profiles for allowing restoration of marine plant communities
•
restoring tidal flows and inundation patterns
(b)
managing fisheries resources or fish habitat;
Example—
constructing a boardwalk for public access within a declared fish habitat area for preventing uncontrolled disturbance of the habitat
(c)
researching, including monitoring, or educating;
(d)
ensuring public health or safety;
(e)
providing public infrastructure to facilitate fishing;
Examples of public infrastructure—
a boat ramp or jetty for public use
(f)
providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;
(g)
constructing a temporary structure;
(h)
maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act;
(i)
maintaining a structure, other than a structure mentioned in paragraph (h), that has been lawfully constructed;
(j)
for a part of the area that is a management B area—
(i)
constructing a permanent structure on tidal land or within the area; or
(ii)
depositing material for beach replenishment in the area.
Division 2
Issue of and authorisation under resource allocation authorities
215
Restriction on issue of particular resource allocation authorities
(1)
The chief executive may issue a resource allocation authority for a prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.
(2)
Also, before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates—
(a)
the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;
(b)
for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;
(c)
for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.
216
Authorisation under resource allocation authority
(1)
A resource allocation authority holder may do any of the following under the authority—
(a)
for an authority relating to prescribed declared fish habitat area development or development mentioned in the
Planning Regulation 2017
, schedule 24, definition non-referable building work, paragraph (d)—interfere with the declared fish habitat area mentioned in the authority;
(b)
for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;
(c)
for an authority relating to development that is operational work impacting on marine plants that is dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority;
(2)
However, the holder may do an act mentioned in subsection (1) only if—
(a)
the holder does the act in relation to the development to which the authority relates; and
(b)
the development is carried out in a way that is authorised under the
Planning Act
.
s 216 amd 2009 SL No. 280
s 76; 2017 SL No. 103
s 59
Part 4
Permits
Division 1
Restrictions on issue of particular permits
217
Prohibition on issue of permit for possessing or using purse seine net
The chief executive can not issue a permit allowing any of the following—
(a)
possessing a purse seine net;
(b)
using a purse seine net to take fish;
(c)
possessing fish taken in contravention of paragraph (b).
218
Restriction on issue of permit for taking or possessing maray or Australian sardine
(1)
The chief executive can not issue a permit allowing the taking or possession of maray or Australian sardines for trade or commerce.
(2)
However, subsection (1) does not apply if—
(a)
the permit allows the taking or possession of maray or Australian sardines for only 1 of the following—
(i)
to use as bait for fishing under a commercial fishing boat licence or commercial fisher licence held by the person applying for the permit;
(ii)
to use as food for display fish;
(iii)
for research; or
(b)
the permit is a replacement permit issued under section 71 of the Act.
s 218 amd 2009 SL No. 61
s 18
218A
Restriction on issue of general fisheries permit for taking fish in particular regulated waters
The chief executive can not issue a general fisheries permit allowing the taking of fish in, or the possessing of fish taken in, the regulated waters mentioned in the
Fisheries Declaration 2019
, section 17
(2) unless the permit is for an activity for which any of the following is the sole or main purpose—
(a)
research;
(b)
environmental protection;
(c)
public health;
(d)
public safety.
s 218A ins 2011 SL No. 224
s 18
amd 2012 SL No. 252
s 11; 2013 SL No. 270
s 6; 2019 SL No. 71
s 59
sch 1
218B
Prohibition on issue of developmental fishing permit for use of set mesh nets in Gulf of Carpentaria waters
The chief executive may issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters only if the permit is a replacement of a developmental fishing permit under which the use of a set mesh net in the Gulf of Carpentaria waters is authorised.
s 218B ins 2011 SL No. 236
s 5
218C
Prohibition on issue of permits for taking or possessing freshwater fish for trade or commerce
(1)
The chief executive can not issue a permit allowing the taking or possession of freshwater fish for trade or commerce.
(2)
However, subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used by the permit holder for broodstock for aquaculture.
s 218C ins 2016 SL No. 74
s 4
218D
Prohibition on issue of general fisheries permit for using particular nets in particular regulated waters
(1)
The chief executive can not issue a general fisheries permit allowing a commercial fisher to use a relevant net to take a fish for trade or commerce in the regulated waters mentioned in the
Fisheries Declaration 2019
, section 65
(1).
(2)
In this section—
relevant net means a cast net, mesh net, seine net or set pocket net.
s 218D ins 2019 SL No. 71
s 17
Division 2
Authorisations under particular permits
219
Developmental fishing permit
A person who holds a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—
(a)
assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery, other than a commercial fishery, identified in the permit;
(b)
buy, use or possess fishing apparatus to carry out the assessment;
(c)
take, possess and process fish taken for carrying out the assessment;
(d)
sell the fish.
s 219 amd 2009 SL No. 33
s 13
220
Indigenous fishing permit
An person who holds an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—
(a)
assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a commercial fishery identified in the permit;
(b)
buy, use or possess fishing apparatus to carry out the assessment;
(c)
take, possess and process fish taken for carrying out the assessment;
(d)
sell the fish.
s 220 amd 2009 SL No. 33
s 14
220A
Stocked impoundment permit
A person who holds a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.
s 220A ins 2010 SL No. 35
s 11
amd 2014 SL No. 282
s 13
220AA
Filleting permit
The holder of a filleting permit, or a commercial fisher acting under a filleting permit, may fillet regulated coral reef fin fish stated on the permit but only on board a primary boat identified in the RQ fishery licence held by the permit holder.
s 220AA ins 2015 SL No. 12
s 10
Division 3
Conditions under particular permits
div 3 (s 220B) ins 2010 SL No. 35
s 11
220B
General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters
(1)
This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.
(2)
It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 10B.
div 3 (s 220B) ins 2010 SL No. 35
s 11
Part 5
Licences, other than licences for commercial fishing
Division 1
Carrier boat licence
div hdg prev div 1 hdg om 2009 SL No. 33
s 15
pres div 1 hdg (prev div 2 hdg) renum 2009 SL No. 33
s 16
221
Restriction on issue of licence for regulated coral reef fin fish
(1)
The chief executive must not issue a carrier boat licence allowing the carriage of regulated coral reef fin fish.
(2)
However, the chief executive may issue a replacement for a licence mentioned in subsection (1) if—
(a)
the licence was issued before the original notification day; and
(b)
the holder applying for the replacement has held the licence continuously from the original notification day; and
(c)
the application is for the replacement of the licence on the same, or substantially the same, conditions.
(3)
In this section—
original notification day means 12 September 2003.
Editor’s note—
The repealed
Fisheries (Coral Reef Fin Fish) Management Plan 2003
was notified in the gazette on 12 September 2003.
s 221 prev s 221 om 2009 SL No. 33
s 15
pres s 221 ins 2015 SL No. 12
s 11
222
Conditions of a buyer licence
s 222 om 2009 SL No. 33
s 15
222A
Restriction on issue of licence for commercial spanner crab fishery (managed area A)
(1)
The chief executive must not issue a carrier boat licence that allows the use of a boat in the fishery area for the commercial spanner crab fishery (managed area A).
(2)
However, the chief executive may issue a replacement for a licence mentioned in subsection (1).
Note—
See chapter 11, part 1A (Commercial spanner crab fishery (managed area A) (‘C2’)), section 600C (Fishery area).
s 222A ins 2010 SL No. 35
s 12
amd 2011 SL No. 106
s 10
222B
Restriction on issue of licence for commercial spanner crab fishery (managed area B)
The chief executive must not issue a carrier boat licence to carry spanner crabs taken in the fishery area for the commercial spanner crab fishery (managed area B) for—
(a)
a primary boat identified in a commercial fishing boat licence on which the fishery symbol ‘C3’ is written; or
(b)
a tender boat for a primary boat mentioned in paragraph (a).
Note—
See chapter 11, part 1B (Commercial spanner crab fishery (managed area B) (‘C3’)), section 600Z (Fishery area).
s 222B ins 2010 SL No. 35
s 12
amd 2011 SL No. 106
s 11
223
Authorisation under carrier boat licence
A person who holds a carrier boat licence may under the licence—
(a)
use the boat identified in the licence to carry fish taken for trade or commerce by—
(i)
a commercial fisher or assistant fisher; or
(ii)
someone else who, under this regulation, is authorised to take fish for trade or commerce under another authority; or
(b)
authorise someone else to use the boat in the way mentioned in paragraph (a).
s 223 amd 2019 SL No. 71
s 59
sch 1
223A
Authorisation under carrier boat licence for regulated coral reef fin fish
It is a condition of a carrier boat licence allowing the carriage of regulated coral reef fin fish that a boat identified in the licence must not be used to carry live regulated coral reef fin fish unless—
(a)
the boat is also identified in a commercial fishing boat licence; and
(b)
the fish were taken from any of the following—
(i)
the boat;
(ii)
if the boat is a tender boat—the boat’s primary boat;
(iii)
if the boat is a primary boat—a tender boat of the primary boat.
s 223A ins 2015 SL No. 12
s 12
Division 2
Charter fishing licence
div hdg (prev div 3 hdg) renum 2009 SL No. 33
s 16
224
Authorisation under charter fishing licence
A person who holds a charter fishing licence may under the licence—
(a)
conduct charter fishing trips in offshore waters; or
(b)
authorise someone else to conduct charter fishing trips in offshore waters.
225
Condition of charter fishing licence
It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip unless—
(a)
the maray or Australian sardines are taken to use as bait for fishing during the trip; and
(b)
the taking complies with the
Fisheries Declaration 2019
, chapter 4, part 4.
s 225 amd 2009 SL No. 61
s 19; 2019 SL No. 71
s 59
sch 1
Part 6
General provisions about authorities for commercial fishing
Division 1
Authorities for sale of fisheries resources
226
Conditions of authority
(1)
This section prescribes conditions for an authority that authorises a person to sell fisheries resources.
(2)
If the authority states the way in which fisheries resources may be sold, a person may sell fisheries resources under the authority only in the stated way.
(3)
Subsection (4) applies if—
(a)
a fishery symbol is written on the authority; and
(b)
a fishery provision about a commercial fishery identified by the fishery symbol states the way in which fisheries resources may be sold.
(4)
A person may sell fisheries resources under the authority only in the way stated in the fishery provision.
(5)
This section does not limit another provision of this regulation applying to the sale of fisheries resources by the authority holder or another person acting under the authority.
s 226 amd 2019 SL No. 71
s 59
sch 1
Division 2
Conditions about boat marks
227
Application of div 2
This division applies to an authority that authorises the use of a boat (an authorised boat) if—
(a)
the authority states a sequence of letters or numbers for the boat; or
(b)
the chief executive has given the authority holder a written notice (a boat mark notice) stating a sequence of letters or numbers for the boat.
228
Reference to a boat mark for an authorised boat
A reference to a boat mark for an authorised boat used under an authority is a reference to—
(a)
if the authorised boat is a primary boat or another boat identified in the authority—the sequence of letters or numbers for the boat stated in the authority or boat mark notice issued for the boat; or
(b)
if the authorised boat is a tender boat or another boat not identified in the authority—the sequence of letters or numbers for the boat stated in the authority or boat mark notice, followed by—
(i)
a dash; and
(ii)
a number, chosen by the authority holder, that is not the same as the number for any other authorised boat of a type mentioned in this paragraph that is used under the authority.
229
Requirements for fixing boat mark on authorised boat
(1)
It is a condition of the authority that the authority holder must ensure the boat mark for the authorised boat is fixed to the boat in a way that complies with subsections (2) to (7).
(2)
The boat mark must be written in black on a yellow background.
(3)
If the boat has a length of less than 10m—
(a)
each letter or number in the boat mark must have a height of at least 20cm; and
(b)
each stroke or serif of the letter or number must have a width of at least 2cm but no more than 2.5cm.
(4)
If the boat has a length of 10m or more but less than 25m—
(a)
each letter or number in the boat mark must have a height of at least 30cm; and
(b)
each stroke or serif of the letter or number must have a width of at least 3.5cm but no more than 4cm.
(5)
If the boat has a length of 25m or more—
(a)
each letter or number in the boat mark must have a height of at least 45cm; and
(b)
each stroke or serif of the letter or number must have a width of at least 6cm but no more than 6.5cm.
(6)
The boat mark must be—
(a)
if the authorised boat is a primary boat or another boat identified in the authority—fixed to each side of the boat’s hull; and
(b)
if the authorised boat is a tender boat or another boat not identified in the authority—fixed to each side of the boat’s hull; and
(c)
fixed to the following surface in a way that allows the boat mark to be viewed from above—
(i)
if the boat has a deck or shelter at its front—the deck or shelter or an enclosed cabin or wheelhouse on the deck;
(ii)
otherwise—a flat surface on the boat.
(7)
The boat mark must not—
(a)
be fixed below the water line of the boat; or
(b)
otherwise be obscured from view; or
(c)
be removed from the boat’s hull, or replaced with another boat mark on the boat’s hull, during a fishing trip on the boat.
s 229 amd 2016 SL No. 193
s 13; 2019 SL No. 71
s 59
sch 1
230
Authorised boat must not be used without boat mark
It is also a condition of the authority that a person in control of an authorised boat must not use the boat, or allow it to be used, to take fish for trade or commerce, unless a boat mark for the boat has been fixed to, and remains on, the boat in compliance with section 229.
s 230 amd 2016 SL No. 193
s 14; 2019 SL No. 71
s 59
sch 1
231
Requirement to remove boat mark
(1)
It is a condition of the authority that the holder must remove the boat mark from an authorised boat if—
(a)
the boat is replaced; or
(b)
the authority expires; or
(c)
the authority is surrendered or cancelled.
(2)
This section applies whether or not the boat mark has been fixed to the boat, or allowed to remain on the boat, in a way that complies with section 229.
(3)
In this section—
holder, of an authority that has expired, or has been surrendered or cancelled, means the person who held the authority immediately before the expiry, surrender or cancellation.
s 231 amd 2016 SL No. 193
s 15; 2019 SL No. 71
s 59
sch 1
Part 7
Commercial fisher licence
Division 1
Authorisation—general
232
Authorisation—commercial fisher
A person who holds a commercial fisher licence may do any of the following under the licence—
(a)
buy commercial fishing apparatus;
(b)
possess commercial fishing apparatus;
(c)
use commercial fishing apparatus, but only while using a commercial fishing boat under a commercial fishing boat licence on which is written a fishery symbol authorising the use of the apparatus;
(d)
take fish for trade or commerce, but only while using a commercial fishing boat under a commercial fishing boat licence;
(e)
possess the fish;
(f)
sell the fish;
(g)
process the fish.
s 232 amd 2009 SL No. 33
s 17; 2010 SL No. 164
s 32
233
Authorisation—assistant fisher
(1)
Subject to subsections (2) to (4), a person who holds a commercial fisher licence may authorise someone else (an assistant fisher) to do a thing under the licence that the commercial fisher may do under section 232.
(2)
An assistant fisher may do a thing mentioned in section 232
(b) to (d) under a commercial fisher licence only if the assistant fisher is acting under direction of the commercial fisher.
(3)
An assistant fisher may do a thing mentioned in section 232
(e) to (g) under a commercial fisher licence on a boat only if the assistant fisher is acting under direction of the commercial fisher.
(4)
An assistant fisher may do a thing mentioned in section 232
(a), (b), (e), (f) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions.
s 233 amd 2010 SL No. 164
s 33; 2011 SL No. 224
s 19; 2013 SL No. 270
s 7; 2019 SL No. 71
s 59
sch 1
Division 2
Authorisation—fishing priority
Subdivision 1
Preliminary
234
Definitions for div 2
In this division—
ocean beach fishery flag, for an ocean beach net area, means a flag that—
(a)
is orange; and
(b)
has an area of at least 1m2; and
(c)
has the following written on it—
(i)
the boat mark for the boat being used to take fish in the ocean beach net area; and
(ii)
the words ‘fishing priority’.
ocean beach net area means an area of an ocean beach fishery that is—
(a)
identified by 2 ocean beach fishery flags placed—
(i)
no more than 1km apart; and
(ii)
along, and as near as possible to, the water’s edge; and
(b)
within the boundary formed by the following lines—
(i)
a straight line, at right angles to a straight line between the ocean beach fishery flags, extending from the point that is 500m seaward of 1 of the flags (the first flag) to the point that is 500m landward of the first flag;
(ii)
another straight line, at right angles to the straight line between the flags, extending from the point that is 500m seaward of the other flag (the second flag) to the point that is 500m landward of the second flag;
(iii)
a straight line joining the landward ends of the lines mentioned in subparagraphs (i) and (ii);
(iv)
a straight line joining the seaward ends of the lines mentioned in subparagraphs (i) and (ii).
235
Meaning of ready to fish
A commercial fisher is ready to fish with a net in a fishery area of a commercial fishery if—
(a)
the fisher has, in the area—
(i)
a commercial fishing boat that can be used to take fish in the area under a commercial fishing boat licence; and
(ii)
at least the minimum number of assistant fishers required to take fish in the area; and
(b)
there is, on the boat, a net authorised to be used to take fish in the area of the fishery.
Subdivision 2
Fishing priorities
236
Fishing priority—ocean beach fisheries
(1)
This section applies—
(a)
to each commercial fisher acting under a commercial fishing boat licence with the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it; and
(b)
for using a net in an ocean beach net area for which the licence is issued.
(2)
Each of the fishers is authorised under the commercial fishing boat licence to use a net in the ocean beach net area in the order in which the fishers are ready to fish with the nets in the area.
s 236 amd 2019 SL No. 71
s 59
sch 1
237
Fishing priority—other commercial fisheries
(1)
This section applies—
(a)
to each commercial fisher acting under a commercial fishing boat licence; and
(b)
for using a net in a commercial fishery, other than an ocean beach fishery, for which the licence is issued.
(2)
Each of the fishers is authorised under the commercial fishing boat licence to use a net in the commercial fishery—
(a)
in an area around the fisher’s boat within a radius equal to the length of a net the fisher is authorised to use in the fishery; and
(b)
in the order in which the fishers are ready to fish with the nets in the area.
238
Duration of fishing priority
An authorisation for a commercial fisher to use nets in an area of a commercial fishery under section 236 or 237 continues—
(a)
for no more than 6 hours from when the fisher is ready to fish with a net in the area; and
(b)
only while the fisher is ready to fish with a net in the area.
239
Joint fishers taken to be 1 fisher
If 2 or more commercial fishers mentioned in section 236 or 237 jointly use nets, they are taken to be 1 commercial fisher.
Subdivision 3
Offences relating to fishing priorities
240
Interfering with ocean beach fishery flag
(1)
This section applies if a commercial fisher or an assistant fisher acting under a commercial fishing boat licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 234, definition ocean beach net area, paragraph (a).
(2)
A person, other than the commercial fisher or assistant fisher, must not remove, or otherwise interfere with, the ocean beach fishery flag.
Maximum penalty—20 penalty units.
241
Obstructing exercise of a fishing priority
A person must not obstruct a commercial fisher in exercising a fishing priority under this division, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
Division 3
Conditions
242
General conditions of a commercial fisher licence
(1)
This section prescribes general conditions to which a commercial fisher licence is subject.
Note—
Chapter 10, part 3 (Conditions for SM units) also prescribes conditions for a commercial fisher licence if the holder is acting under SM units held by another person.
(2)
Subsection (3) applies to a commercial fisher using a commercial fishing boat under a commercial fishing boat licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written.
(3)
The commercial fisher must not act, or direct an assistant fisher to act, in the same commercial fishery under more than 1 commercial fishing boat licence at the same time.
(4)
Subsection (5) applies to a commercial fisher operating under a commercial fishing boat licence in a commercial fishery, other than a commercial fisher to which subsections (2) and (3) apply.
(5)
The commercial fisher must not act in the commercial fishery under—
(a)
if the commercial fisher is directing an assistant fisher acting under a commercial fishing boat licence in the commercial fishery at the same time as the commercial fisher—more than 2 commercial fishing boat licences at the same time; or
(b)
otherwise—more than 1 commercial fishing boat licence at the same time.
s 242 amd 2011 SL No. 224
s 20; 2012 SL No. 252
s 12; 2013 SL No. 270
s 8; 2018 SL No. 179
s 4; 2019 SL No. 71
s 59
sch 1
Division 4
Other matters
243
Commercial fisher licence not transferable
A commercial fisher licence is not transferable.
Part 8
Commercial fishing boat licence
Division 1
Issue
244
Restriction on issue of commercial fishing boat licences
The chief executive may issue a commercial fishing boat licence that identifies a primary boat only if the boat is not already identified in a commercial fishing boat licence.
245
Requirement to decide number of tender boats for commercial fishing boat licences
(1)
This section applies if the chief executive decides to issue a commercial fishing boat licence.
(2)
Before issuing the licence, the chief executive must decide the number (the authorised number) of tender boats that are, for section 246, authorised for use under each fishery symbol to be written on the licence.
(3)
Without limiting subsection (2), the chief executive may decide that—
(a)
no tender boats are authorised; or
(b)
an unlimited number of tender boats are authorised.
(4)
Despite subsections (2) and (3), if the fishery symbol ‘L2’ or ‘L3’ is to be written on a commercial fishing boat licence, the authorised number of tender boats can not be more than the following—
(a)
under the fishery symbol ‘L2’—4;
(b)
under the fishery symbol ‘L3’—1.
(5)
If the chief executive decides that no tender boats or a particular number of tender boats are to be authorised for use under a fishery symbol to be written on a licence, the licence must state the authorised number of tender boats, in brackets, immediately after the fishery symbol.
(6)
If the chief executive decides that an unlimited number of tender boats are to be authorised for use under a fishery symbol to be written on a licence, the licence can not have any brackets or numbers in brackets written immediately after the fishery symbol.
(7)
The chief executive must give the licence holder an information notice about a decision under subsection (2).
s 245 amd 2019 SL No. 71
s 18
Division 2
Authorisation
246
Authorisation under a commercial fishing boat licence
(1)
A person who holds a commercial fishing boat licence may do any of the following under the licence—
(a)
allow the primary commercial fishing boat identified in the licence to be used to take fish for trade or commerce in a commercial fishery identified in the licence;
(b)
for any single commercial fishery identified in the licence, allow to be used, at the same time, to take fish for trade or commerce, no more than the authorised number of tender boats under the fishery symbol for the fishery;
(c)
allow a tender boat mentioned in paragraph (b) to be used as if it were the primary boat if—
(i)
the primary boat is not also being used to take fish for trade or commerce; and
(ii)
the licence is kept on the tender boat while it is being used as the primary boat;
(d)
allow a boat mentioned in this subsection to be used to carry fish taken under this subsection if the fish have been lawfully taken in a commercial fishery;
(e)
sell fish taken under this subsection;
(f)
process fish taken under this subsection;
(g)
buy, sell or possess commercial fishing apparatus;
(h)
authorise someone else to do any thing the licence holder may do under paragraphs (a) to (g).
(2)
For subsection (1)
(a) and (b), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.
(3)
For subsection (1)
(c), the primary boat is not being used to take fish for trade or commerce only because there is fishing apparatus or fish on the boat.
(4)
While a tender boat is being used under subsection (1)
(c), the provisions of this regulation apply to the boat as if it were a primary boat.
s 246 amd 2009 SL No. 33
s 18; 2012 SL No. 252
s 13; 2019 SL No. 71
s 19
Division 3
Conditions
247
General conditions of a commercial fishing boat licence
(1)
This section prescribes general conditions to which a commercial fishing boat licence is subject.
Note—
If a fishery symbol for a commercial fishery is written on a commercial fishing boat licence, the licence is also subject to the applicable conditions stated in chapters 7 to 11 for licences on which the symbol is written.
(2)
Only a commercial fisher or an assistant fisher under direction of the commercial fisher may use the primary boat identified in the licence or a tender boat authorised for use under the licence.
(3)
The primary boat may be used in a commercial fishery, other than the ‘N11’ fishery, only if the fishery symbol for the fishery is written on the licence.
(4)
The primary boat and any of its tender boats may be used in the ‘N11’ fishery to take ‘N11’ fish without the ‘N11’ fishery symbol being written on the licence if the boat and the taking of the fish complies with chapter 9, part 5.
(5)
However, if the primary boat or any of its tender boats is used under subsection (4), the ‘N11’ fish may be sold only if the ‘N11’ fishery symbol is written on the licence.
(6)
A tender boat may be used in a commercial fishery only if—
(a)
its length is no more than 7m; and
(b)
its primary boat—
(i)
may be used in the fishery; and
(ii)
is not being used in another commercial fishery, other than the crab fishery.
(7)
In this section—
‘N11’ fish means fish that may, under section 529, be taken in the ‘N11’ fishery.
‘N11’ fishery means the fishery described in chapter 9, part 5.
s 247 amd 2008 SL No. 448
s 32; 2010 SL No. 164
s 34; 2011 SL No. 236
s 6
Part 9
Commercial harvest fishery licence
248
Authorisation under a commercial harvest fishery licence
(1)
A person who holds a commercial harvest fishery licence may do any of the following under the licence—
(a)
buy or possess commercial fishing apparatus;
(b)
use commercial fishing apparatus for fishing only in the commercial fisheries identified in the licence;
(c)
take fish for trade or commerce in the commercial fisheries identified in the licence;
(d)
use a boat to take the fish and to carry the fish;
(e)
possess the fish;
(f)
sell the fish;
(g)
process the fish;
(h)
authorise the following persons to do any thing the licence holder may do under paragraphs (a) to (f)—
(i)
a nominated person;
(ii)
another person authorised to do the thing under a fishery provision.
(2)
For subsection (1)
(b) and (c), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.
(3)
In this section—
nominated person means—
(a)
generally—a person who, under chapter 7, has been nominated by the licence holder; or
(b)
if the licence is an eel licence, the licence holder’s approved nominee under section 310F.
s 248 amd 2009 SL No. 33
s 19; 2010 SL No. 35
s 5
sch 1; 2010 SL No. 164
s 35
Chapter 6
General provisions about fishery symbols
Part 1
Preliminary
249
Simplified outline of ch 6
In outline, this chapter provides for particular fishery symbols written on licences and related matters as follows—
(a)
part 3 provides for writing fishery symbols on licences and related matters;
(b)
part 4 provides for moving fishery symbols between licences;
(c)
part 5 provides for authorisations applying generally to licences on which fishery symbols are written;
(d)
part 6 provides for conditions applying generally to licences on which fishery symbols are written.
s 249 amd 2015 SL No. 12
s 13; 2019 SL No. 71
s 59
sch 1
Part 2
pt hdg sub 2015 SL No. 12
s 14
om 2019 SL No. 71
s 59
sch 1
250
s 250 amd 2008 SL No. 448
s 33; 2010 SL No. 35
s 5
sch 1; 2011 SL No. 106
s 12; 2011 SL No. 236
s 7; 2012 SL No. 252
s 6 sch
sub 2015 SL No. 12
s 14
om 2019 SL No. 71
s 59
sch 1
Part 3
Writing fishery symbols
Division 1
General provisions
251
Writing fishery symbols on commercial fishing boat or harvest fishery licence
(1)
The chief executive can not write a fishery symbol on an authority other than a commercial fishing boat licence or commercial harvest fishery licence.
(2)
Subject to the other provisions of this part, the chief executive may—
(a)
write any fishery symbol for a commercial fishery on a commercial fishing boat licence; or
(b)
write on a commercial harvest fishery licence any fishery symbol for a commercial fishery under chapter 7.
s 251 amd 2010 SL No. 35
s 5
sch 1; 2019 SL No. 71
s 59
sch 1
252
Restriction on writing multiple fishery symbols
The chief executive can not write the same fishery symbol, other than the fishery symbol ‘C1’,‘C3’, ‘N3’ or ‘T4’, more than once on a licence.
s 252 amd 2011 SL No. 236
s 8; 2014 SL No. 69
s 8; 2014 SL No. 328
s 6
Division 2
Particular fishery symbols
252A
Restriction on writing fishery symbol ‘E’
The chief executive may write the fishery symbol ‘E’ on a commercial harvest fishery licence only if the licence is a replacement of a commercial harvest fishery licence on which the symbol was written.
s 252A ins 2010 SL No. 35
s 13
253
Restrictions on writing fishery symbol ‘SM’
The chief executive may write the fishery symbol ‘SM’ on a commercial fishing boat licence only if—
(a)
the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)
the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
253A
Restrictions on writing fishery symbol ‘C2’
The chief executive may write the fishery symbol ‘C2’ on a commercial fishing boat licence only if—
(a)
the chief executive—
(i)
has approved an application to transfer ITQ units to the licence holder; and
(ii)
transfers the ITQ units to the licence holder when the chief executive writes the symbol on the licence; or
(b)
the chief executive has approved a fishery symbol movement application and under the application the symbol is to be written on the licence; or
(c)
the licence is a replacement of a ‘C2’ fishery licence.
s 253A ins 2010 SL No. 35
s 14
253B
Restrictions on writing fishery symbol ‘C3’
The chief executive may write the fishery symbol ‘C3’ on a commercial fishing boat licence only if—
(a)
the chief executive has approved a fishery symbol movement application and under the application the symbol is to be written on the licence; or
(b)
the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
s 253B ins 2010 SL No. 35
s 14
253BA
Restrictions on writing fishery symbol ‘N3’
(1)
The chief executive may write the fishery symbol ‘N3’ on a commercial fishing boat licence only if—
(a)
the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)
the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
(2)
However, the chief executive can not write the fishery symbol on a licence on which is written the fishery symbol ‘N12’ or ‘N13’.
s 253BA ins 2011 SL No. 236
s 9
amd 2016 SL No. 193
s 16
253BB
Restriction on writing fishery symbol ‘N9’
s 253BB ins 2011 SL No. 236
s 9
om 2016 SL No. 193
s 17
253BC
Restrictions on writing fishery symbol ‘N12’
(1)
The chief executive can not write the fishery symbol ‘N12’ on a commercial fishing boat licence other than under this section.
(2)
The chief executive may write the fishery symbol ‘N12’ on a commercial fishing boat licence if—
(a)
the chief executive has approved a fishery symbol movement application and, under the application, the fishery symbol is to be written on the licence; or
(b)
the licence is a replacement of a commercial fishing boat licence on which the fishery symbol was written.
(3)
Despite subsection (2), the chief executive can not write the fishery symbol ‘N12’ on—
(a)
a licence on which is written the fishery symbol ‘N3’ or ‘N13’; or
(b)
more than 3 commercial fishing boat licences.
s 253BC ins 2011 SL No. 236
s 9
amd 2016 SL No. 193
s 18
253BD
Restrictions on writing fishery symbol ‘N13’
(1)
The chief executive can not write the fishery symbol ‘N13’ on a commercial fishing boat licence other than under this section.
(2)
The chief executive may write the fishery symbol ‘N13’ on a commercial fishing boat licence if, before the fishery symbol is written—
(a)
the holder of the licence also held a developmental fishing permit (the relevant permit) that included a Gulf set mesh net authorisation; and
(b)
the chief executive has—
(i)
at the request of the holder of the relevant permit, amended the relevant permit by removing the Gulf set mesh net authorisation; and
(ii)
at the request of the holder of each other developmental fishing permit that included a Gulf set mesh net authorisation, amended each permit by removing the Gulf set mesh net authorisation; and
(c)
the fishery symbol ‘N12’ has been written on 3 commercial fishing boat licences.
(3)
The chief executive may also write the fishery symbol ‘N13’ on a commercial fishing boat licence if—
(a)
the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)
the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
(4)
Despite subsections (2) and (3), the chief executive can not write the fishery symbol ‘N13’ on—
(a)
a licence on which is written the fishery symbol ‘N3’ or ‘N12’; or
(b)
more than 2 commercial fishing boat licences.
(5)
In this section—
Gulf set mesh net authorisation, for a developmental fishing permit, means an authorisation under the permit for the use of a set mesh net in the Gulf of Carpentaria waters.
s 253BD ins 2011 SL No. 236
s 9
amd 2019 SL No. 71
s 59
sch 1
253BE
Restrictions on writing fishery symbol ‘RQ’
The chief executive may write the fishery symbol ‘RQ’ on a commercial fishing boat licence only if—
(a)
the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)
the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
s 253BE ins 2015 SL No. 12
s 15
253BF
Restrictions on writing east coast trawl fishery symbols
(1)
The chief executive may write an east coast trawl fishery symbol on a commercial fishing boat licence only if—
(a)
the licence is a replacement licence; or
(b)
the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence.
(2)
However, the chief executive must not approve an application to amend an authority to write an east coast trawl fishery symbol on the authority if the result of the amendment would be—
(a)
an ‘M2’ fishery symbol is written on a licence that has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on the licence; or
(b)
a ‘T2’ fishery symbol is written on a licence that has an ‘M1’ or ‘T1’ fishery symbol written on the licence; or
(c)
an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.
(3)
Also, the chief executive must not approve an application to amend an authority to remove an east coast trawl fishery symbol on the authority if the result of the amendment would be an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.
(4)
Further, the chief executive must not—
(a)
write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat for which—
(i)
the hull units are more than 70; or
(ii)
the main engine is more than 300 maximum continuous brake kW; or
(b)
write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat if—
(i)
the boat is longer than 14m; or
(ii)
the boat’s main engine is more than 300 maximum continuous brake kW.
(5)
In addition, for subsection (1)
(b), the chief executive must not write an ‘M2’ fishery symbol on a licence that would allow the use of a boat for which the hull units are more than the hull units for a boat that can be used under the licence from which the fishery symbol is being moved.
(6)
Subsection (5) does not apply if the licence holder surrenders another ‘M2’ licence.
(7)
In this section—
replacement licence means—
(a)
a replacement licence issued under section 71 of the Act to replace a licence that has been lost, damaged or destroyed; or
(b)
a licence for a boat to replace another boat licensed to operate in the east coast trawl fishery.
s 253BF ins 2019 SL No. 71
s 20
Division 3
Fishery symbols on licences for use of boats of particular lengths
div hdg ins 2010 SL No. 164
s 36
253C
Definition for div 3
In this division—
relevant fishery provision see section 254
(1).
s 253C ins 2010 SL No. 164
s 36
254
Restriction on writing fishery symbols on licences allowing the use of boats of particular lengths in commercial fisheries
(1)
The chief executive may write a fishery symbol on a licence allowing the use of a boat in a commercial fishery only if the boat is no longer than the length permitted under a fishery provision (the relevant fishery provision) about the fishery.
Note—
See however section 720.
(2)
This section is subject to section 254B.
s 254 amd 2010 SL No. 164 37; 2016 SL No. 193
s 19
254A
Exception for surrender or amendment of authority
s 254A ins 2010 SL No. 164
s 38
om 2016 SL No. 193
s 20
254B
Exception for particular fishery symbol movement applications
(1)
The chief executive may write a fishery symbol on a licence (the second licence) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the relevant fishery provision if—
(a)
a person has applied, under section 256, to move the fishery symbol from another licence (the first licence) to the second licence; and
(b)
the boat to be used under the second licence is no longer than the lesser of the following—
(i)
20m;
(ii)
the length of a boat that is allowed to be used under the first licence.
(2)
This section does not apply to writing the fishery symbols ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ on a licence.
s 254B ins 2010 SL No. 164
s 38
Part 4
Moving fishery symbols
255
Definitions for pt 4
In this part—
administrative conditions, of the first licence or second licence, means the conditions of the licence imposed by the chief executive under section 61 of the Act.
first licence see section 256
(1)
(a).
second licence see section 256
(1)
(b).
256
Application to move fishery symbol to another licence
(1)
This section applies if—
(a)
a fishery symbol is written on a commercial fishing boat licence or commercial harvest fishery licence (either of which is the first licence); and
(b)
the fishery symbol may, under this chapter, be written on another licence (the second licence).
(2)
The holder of the first licence and the holder of the second licence may apply to the chief executive to move the fishery symbol and the authorised number of tender boats for use under the symbol from the first licence to the second licence.
(3)
The application must—
(a)
be in the approved form; and
(b)
be accompanied by—
(i)
the fee prescribed under schedule 9; and
(ii)
the written approval of each person, other than the holder of the first licence, who has a registered interest in the first licence.
(4)
The application may be made even if the same person holds the first licence and second licence.
(5)
However, the application can not be made by a person who holds the licence because of a temporary transfer.
s 256 amd 2019 SL No. 71
s 59
sch 1
257
Deciding application
The chief executive may—
(a)
approve the application, with or without conditions; or
(b)
refuse the application.
258
Amendments required if application approved
(1)
This section applies if the chief executive—
(a)
approves the application without conditions; or
(b)
approves the application with conditions and the applicants agree in writing to the conditions within 28 days after the approval.
(2)
The chief executive must amend the first licence and second licence by—
(a)
removing from the first licence—
(i)
the fishery symbol; and
(ii)
the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and
(b)
writing on the second licence—
(i)
the fishery symbol; and
(ii)
the authorised tender boat number for the fishery symbol, in the way required under section 245; and
(c)
if the first licence or second licence contains administrative conditions—amending the conditions in a way the chief executive considers is consistent with the amendments under paragraphs (a) and (b).
(3)
In this section—
authorised tender boat number for a fishery symbol means the number of tender boats, other than an unlimited number, that is authorised for use under the fishery symbol under section 245.
259
Information notice about refusal of conditions
(1)
This section applies if the chief executive decides to—
(a)
refuse the application; or
(b)
approve the application with conditions and the applicants have not agreed in writing to the conditions within 28 days after the approval; or
(c)
amend the administrative conditions of the first licence or second licence and the applicants have not agreed in writing to the amendment within 28 days after the amendment.
(2)
The chief executive must give the applicants an information notice about the decision.
Part 5
General provisions about authorisations under licences with fishery symbols
260
Authorisation under licences on which fishery symbols are written
A person acting under a licence on which is written a fishery symbol may do a thing under the licence that is permitted to be done under the licence under—
(a)
this part or part 6; or
(b)
chapters 7 to 11.
s 260 amd 2010 SL No. 164
s 39; 2019 SL No. 71
s 59
sch 1
261
Fishery symbol does not authorise taking fish in particular Joint Authority fisheries
(1)
This section applies to a person who is—
(a)
in a Joint Authority fishery managed under Queensland law; and
(b)
acting under a licence.
(2)
Neither this chapter nor chapters 7 to 11 authorises the person to take fish to which the Joint Authority fishery applies under the licence unless—
(a)
the Joint Authority endorses the licence to extend its operation to activities over which the Joint Authority has powers under the Act; and
(b)
taking the fish is an activity over which the Joint Authority has powers under the Act.
s 261 amd 2010 SL No. 164
s 40
261A
Restriction on amending a licence to reflect boat modification or replacement
(1)
This section does not apply to amending or replacing an ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence.
(2)
The chief executive may amend a licence on which is written a fishery symbol for a commercial fishery to include the details for a new or modified boat (the replacement boat) longer than the length permitted under a fishery provision about the fishery if—
(a)
for a licence on which the fishery symbol ‘T4’, ‘N12’ or ‘N13’ is written—the replacement boat is no longer than 25m; or
(b)
for a licence on which another fishery symbol is written—
(i)
the replacement boat is no longer than the lesser of the following—
(A)
the length of the boat currently mentioned in the licence;
(B)
20m; or
(ii)
the application to write the fishery symbol on the licence is accompanied by—
(A)
the surrender of another authority held by the licence holder; or
(B)
a request to amend another authority held by the licence holder that the chief executive is satisfied is consistent with the purposes of the Act.
s 261A ins 2010 SL No. 164
s 41
sub 2011 SL No. 224
s 21
amd 2011 SL No. 236
s 10; 2019 SL No. 71
s 59
sch 1
Part 6
Conditions applying generally to licences with fishery symbols
262
Application of pt 6
This part applies to a person (the authorised person) acting under a licence on which a fishery symbol is written.
263
Taking fish in a fishery area of a commercial fishery
(1)
It is a condition of the licence that the authorised person may take fish only in a fishery area of the commercial fishery (the relevant fishery) identified by the fishery symbol.
(2)
Subsection (1) is subject to—
(a)
sections 264 to 270; and
(b)
the fishery provisions about the relevant fishery.
264
Taking fish in an area stated on a licence
(1)
This section applies if—
(a)
a fishery provision about the relevant fishery states that fish may only be taken in an area stated on the licence; and
(b)
an area for taking fish is stated on the licence.
(2)
The authorised person may take fish only in the stated area.
265
Taking particular fish
If a fishery provision about the relevant fishery states that only particular fish may be taken in the fishery the authorised person must not take fish other than the stated fish in the fishery.
s 265 amd 2008 SL No. 448
s 34
266
Using fishing apparatus
(1)
If a fishery provision about the relevant fishery states that only particular fishing apparatus may be used for taking fish in the fishery, the authorised person must not take fish in the fishery unless the person uses the stated fishing apparatus.
(2)
If a fishery provision about the relevant fishery states the way in which fishing apparatus must be used for taking fish in the fishery, the authorised person must not take fish in the fishery unless the person uses the apparatus in the stated way.
(3)
If a fishery provision about the relevant fishery states the number of items of fishing apparatus of a particular type that may be used for taking fish in the fishery, the authorised person must not use more than the stated number of items of fishing apparatus of that type for taking fish in the fishery.
(4)
If no fishery provision about the relevant fishery states the number of items of a particular type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type of fishing apparatus may be used at the same time for taking fish in the fishery.
(5)
Subsection (4) applies even if more than 1 person is acting under the licence.
Example for subsection (4)—
In the net fishery (east coast no.1), a net that is neither fixed nor hauled may be used in offshore waters and a general purpose mesh net may be used in nearshore waters. The number of the nets is not stated, so (if all other relevant licence conditions are satisfied), a person acting under the licence is authorised, at any one time, to use either, 1 net that is neither fixed nor hauled in the offshore waters, or 1 general purpose mesh net in the nearshore waters. The person, however, can not use both of the nets at the same time or more than 1 of each of the nets.
s 266 amd 2008 SL No. 448
s 35
267
Taking fish in a particular way
If a fishery provision about the relevant fishery states that fish may only be taken in the fishery in a particular way, the authorised person may take fish in the fishery only in the stated way.
s 267 amd 2008 SL No. 448
s 36
268
Taking fish during a fishery period
(1)
This section applies if a fishery provision about the relevant fishery states a period (a fishery period) during which particular fish may be taken or particular fishing apparatus may be used in the fishery.
(2)
The authorised person may take the fish or use the apparatus in the fishery only if the person takes the fish or uses the apparatus in the fishery period.
s 268 amd 2008 SL No. 448
s 37
269
Activities prohibited or restricted in particular areas within fishery areas
If a fishery provision about the relevant fishery prohibits or restricts an activity in a particular area within a fishery area the activity is prohibited or restricted in the particular area in the way stated in the fishery provision.
270
Conditions of licence may apply in more than 1 way
A condition under this part or chapters 7 to 11 may apply to a licence in more than 1 way.
Example—
A fishery provision about a commercial fishery identified by a fishery symbol may provide for taking fish in a particular area within a fishery area using only a particular type of fishing apparatus or only in a particular way.
s 270 amd 2010 SL No. 164
s 42; 2019 SL No. 71
s 59
sch 1
271
Conditions of licences on which more than 1 fishery symbol is written
(1)
If a commercial fishing boat licence or commercial harvest fishery licence has more than 1 fishery symbol written on it, a person acting under the licence must not take fish in more than 1 commercial fishery at the same time.
(2)
Despite subsection (1), if 1 of the fishery symbols is ‘C1’, ‘C2’ or ‘C3’, the person may take crabs in the fishery identified by the fishery symbol and fish in 1 other commercial fishery at the same time.
(3)
Also, despite subsection (1), the person may take the following fish at the same time—
(a)
spanish mackerel under the fishery symbol ‘SM’;
(b)
regulated coral reef fin fish under the fishery symbol ‘RQ’;
(c)
fin fish other than spanish mackerel or regulated coral reef fin fish, under the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’;
(d)
shark under the fishery symbol ‘S’.
(4)
Also, despite subsection (1), the person may take the following fish at the same time—
(a)
fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘K9’;
(b)
shark under the fishery symbol ‘S’.
s 271 amd 2010 SL No. 164
s 43; 2011 SL No. 224
s 22; 2012 SL No. 252
s 6 sch
271A
Condition of licence if fishery symbol identifies more than 1 fishery
(1)
This section applies to a commercial fishing boat licence if more than 1 commercial fishery is identified by a fishery symbol on the licence.
(2)
A person acting under the licence must not take fish or use fishing apparatus in more than 1 of the fisheries at the same time.
Example—
The fishery symbol ‘N4’ is written on a licence authorising use of a net in offshore waters in the net fishery (east coast no. 3) and use of a net in nearshore waters in the net fishery (east coast no. 1). A person acting under the licence must not use the nets in the fisheries at the same time.
s 271A ins 2008 SL No. 448
s 38
Chapter 7
Commercial harvest fisheries
Part 1
Aquarium fish fishery (‘A1’, ‘A2’)
Division 1
Definition
272
What is the aquarium fish fishery
The aquarium fish fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking the fish mentioned in section 275 in the fishery area mentioned in section 274;
(b)
selling the fish.
Division 2
Fishery symbols and area
273
Fishery symbols
The fishery symbols for the fishery are ‘A1’ and ‘A2’.
274
Fishery area
(1)
The fishery area consists of the area of the following waters—
(a)
tidal waters within the Moreton Bay Marine Park;
(b)
tidal waters north of Cape Moreton and south of latitude 26º18' south, other than waters within the Moreton Bay Marine Park;
(c)
tidal waters west of longitude 151º08' east and between latitude 23º15' south and latitude 23º south;
(d)
tidal waters within the area described as area 1 in the Whitsundays Plan of Management, schedule 1;
(e)
tidal waters within the following boundary—
•
from the intersection of latitude 17º08' south with the mainland shore to latitude 17º08' south, longitude 146º12' east
•
to latitude 16º51' south, longitude 146º28' east
•
to latitude 15º55' south, longitude 145º51' east
•
along latitude 15º55' south to the mainland shore
•
along the mainland shore to latitude 17º08' south;
(f)
tidal waters south of latitude 10º41' south and east of longitude 142º31'49" east, other than the waters mentioned in paragraphs (a) to (e).
(2)
In this section—
Moreton Bay Marine Park means the marine park mentioned and described in the
Marine Parks (Declaration) Regulation 2006
, schedule 1.
Whitsundays Plan of Management means the
Whitsundays Plan of Management 1998
prepared under the
Great Barrier Reef Marine Park Act 1975 (Cwlth), section 39ZD.
Editor’s note—
On the notification day the
Whitsundays Plan of Management 1998
could be accessed on the internet at www.gbrmpa.gov.au.
s 274 amd 2016 SL No. 74
s 3
sch 1
Division 3
Conditions about taking fish in fishery—general
275
What fish may be taken
(1)
Fish other than the following fish may be taken under the licence—
(a)
barramundi;
(b)
sea cucumber;
(c)
shell grit;
(d)
star sand;
(e)
any species of coral, oyster, pearl oyster or trochus.
(2)
In this section—
sea cucumber does not include fish of the following species—
(a)
Bohadschia graeffei;
(b)
Calachrius crassus;
(c)
Cucmaria miniata;
(d)
Euapta godeffroyi;
(e)
Holothuria edulis;
(f)
Holothuria hilla;
(g)
Opheodesoma spp.;
(h)
Pentacta anceps;
(i)
Pentacta lutea;
(j)
Pseudocolchirus violaceus;
(k)
Stichopus noctivagus;
(l)
Synapta maculata.
s 275 amd 2012 SL No. 252
s 6 sch
276
Where fish may be taken
Fish may be taken from—
(a)
the waters mentioned in section 274
(1)
(f); and
(b)
the waters mentioned in section 274
(1)
(a) to (e), if the waters are stated on the licence.
277
Other conditions about taking fish
(1)
No more than 3 persons may take fish at the same time.
(2)
Only the boat identified in a licence and 1 other boat may be used to take fish in the same location.
(3)
Fish must not be taken for human consumption.
(4)
Fish may only be taken—
(a)
by hand; or
(b)
using underwater breathing apparatus or a herding device, including, for example, a rod; or
(c)
using fishing lines or cast, scoop or mesh nets under this division.
s 277 amd 2010 SL No. 164
s 44
278
Use of fishing lines
A fishing line may be used for taking fish under the licence only if it is has a single barbless hook.
279
Use of cast nets
A cast net may be used for taking fish under the licence only if the net—
(a)
is no longer than 3.7m; and
(b)
has a mesh size of no more than 28mm.
280
Use of scoop nets
A scoop net may be used for taking fish under the licence only if the net—
(a)
is no more than 2m in any dimension; and
(b)
has—
(i)
a mesh size of no more than 25mm; and
(ii)
a handle or shaft no longer than 2.5m.
281
Use of mesh nets
(1)
A mesh net may be used for taking fish under the licence only if the net—
(a)
is no longer than 16m; and
(b)
has—
(i)
a mesh size of no more than 28mm; and
(ii)
a drop of no more than 3m.
(2)
A person using the net under the licence must be within 100m of it.
s 281 amd 2010 SL No. 164
s 45
282
Selling fish
Fish may be sold under the licence only if the fish are to be used for—
(a)
display as aquarium fish; or
(b)
broodstock; or
(c)
a purpose related to a purpose mentioned in paragraph (a) or (b).
Division 4
Additional authorisations and conditions for licences with fishery symbol ‘A1’
283
Application of div 4
This division applies to a licence on which is written the fishery symbol ‘A1’.
284
Nominees for taking or selling fish
(1)
The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)
take fish under the licence;
(b)
sell fish under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee under subsection (1).
285
Who may take fish
Subject to section 277
(1), fish may be taken only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 284
(1)
(a); or
(c)
another person in the presence of the licence holder or nominee.
286
Selling fish
Fish taken under the licence may be sold under the licence by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 284
(1)
(b).
s 286 amd 2009 SL No. 33
s 20
Division 5
Additional authorisations and conditions for licences with fishery symbol ‘A2’
287
Application of div 5
This division applies to a licence on which is written the fishery symbol ‘A2’.
288
Who may take fish
(1)
Subject to section 277
(1), fish may be taken only by—
(a)
the licence holder; or
(b)
another person in the presence of the licence holder.
(2)
A person taking fish must not take or possess—
(a)
more than 10 fish; or
(b)
more than 2 fish of the same species.
289
Selling fish under the licence
s 289 om 2009 SL No. 33
s 21
Part 2
Sea cucumber fishery (east coast) (‘B1’)
pt hdg amd 2012 SL No. 252
s 6 sch
290
What is the sea cucumber fishery
The sea cucumber fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking sea cucumber in the fishery area mentioned in section 292;
(b)
selling sea cucumber.
s 290 amd 2012 SL No. 252
s 6 sch
291
Fishery symbol
The fishery symbol for the fishery is ‘B1’.
292
Fishery area
The fishery area consists of the area of all tidal waters east of longitude 142º31'49" east between latitude 10º41' south and latitude 26º south.
s 292 amd 2016 SL No. 74
s 3
sch 1
293
What fish may be taken
Only sea cucumber may be taken under the licence.
s 293 amd 2012 SL No. 252
s 6 sch
294
Nominees for taking or selling sea cucumber
(1)
The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)
take sea cucumber under the licence;
(b)
sell sea cucumber taken under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee.
s 294 amd 2012 SL No. 252
s 6 sch
295
Who may take sea cucumber
Subject to section 297
(1), sea cucumber may be taken only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 294
(1)
(a); or
(c)
another person in the presence of the licence holder or nominee.
s 295 amd 2012 SL No. 252
s 6 sch
296
Permitted ways of taking sea cucumber
(1)
Sea cucumber may only be taken by hand.
(2)
However, underwater breathing apparatus may also be used when taking sea cucumber.
s 296 amd 2012 SL No. 252
s 6 sch
297
General conditions of taking sea cucumber
(1)
No more than 10 persons may take sea cucumber at the same time.
(2)
Only the boat identified in the licence and 4 other boats may be used to take sea cucumber in the same location.
(3)
A boat, other than the boat identified in the licence, must not be longer than 7m.
s 297 amd 2012 SL No. 252
s 6 sch
298
Annual quota entitlement
The annual quota of sea cucumber that may be taken under the licence is the quota stated on the licence.
s 298 amd 2012 SL No. 252
s 6 sch; 2019 SL No. 71
s 21
299
Selling sea cucumber
Sea cucumber taken under the licence may be sold only by the licence holder or a nominee of the licence holder under section 294
(1)
(b).
s 299 amd 2009 SL No. 33
s 22; 2012 SL No. 252
s 6 sch
300
s 300 amd 2010 SL No. 164
s 46
om 2019 SL No. 71
s 59
sch 1
Part 3
Coral fishery (‘D’)
301
What is the coral fishery
The coral fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking the fish mentioned in section 304 in the fishery area mentioned in section 303;
(b)
selling the fish.
302
Fishery symbol
The fishery symbol for the fishery is ‘D’.
303
Fishery area
The fishery area consists of the area of all tidal waters and foreshores south of latitude 10º41' south and east of longitude 142º31'49" east.
s 303 amd 2016 SL No. 74
s 3
sch 1
304
What fish may be taken
Only the following fish may be taken under the licence—
(a)
coral of the class Anthozoa or Hydrozoa, including its uncompacted skeletons;
(b)
any marine organism living in or on coral mentioned in paragraph (a), other than a marine organism that is a regulated fish;
(c)
coral sand consisting of fine remnants of coral.
305
Nominees for taking or selling coral
(1)
The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)
take coral under the licence;
(b)
sell coral taken under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee.
306
Who may take coral
(1)
Coral may be taken only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 305
(1)
(a); or
(c)
another person in the presence of the licence holder or nominee.
(2)
However, no more than 3 persons mentioned in subsection (1) may take coral under the licence at the same time.
s 306 amd 2010 SL No. 164
s 47
307
Where coral may be taken
Coral may be taken only from the area, within the fishery area, stated in the licence.
308
Permitted ways of taking coral
(1)
Coral may only be taken by—
(a)
hand; or
(b)
using hand-held implements, other than mechanical implements.
(2)
Underwater breathing apparatus may also be used when taking coral.
309
Annual quota entitlement
The annual quota of coral that may be taken under the licence is the quota stated on the licence.
s 309 amd 2019 SL No. 71
s 22
310
Selling coral
Coral taken under the licence may be sold by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 305
(1)
(b).
s 310 amd 2009 SL No. 33
s 23
Part 3A
Eel Fishery (‘E’)
pt hdg ins 2010 SL No. 35
s 15
Division 1
Definition
div 1 (s 310A) ins 2010 SL No. 35
s 15
310A
What is the eel fishery
The eel fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking the eels mentioned in section 310D in the fishery area mentioned in section 310C;
(b)
processing the eels;
(c)
selling the eels.
div 1 (s 310A) ins 2010 SL No. 35
s 15
Division 2
Fishery symbol and area
div 2 (ss 310B–310C) ins 2010 SL No. 35
s 15
310B
Fishery symbol
The fishery symbol for the fishery is ‘E’.
div 2 (ss 310B–310C) ins 2010 SL No. 35
s 15
310C
Fishery area
The fishery area consists of either or both of the following—
(a)
waters in an impoundment formed by a dam stated on the licence;
(b)
waters in a privately owned artificially created impoundment within a river basin stated on the licence.
s 310C ins 2010 SL No. 35
s 15
amd 2019 SL No. 71
s 59
sch 1
Division 3
General conditions
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
310D
What fish may be taken
Only longfin eels and Southern shortfin eels may be taken under the licence.
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
310E
Who may take eels
(1)
Eels may be taken only by—
(a)
the licence holder; or
(b)
an approved nominee of the licence holder under section 310F.
(2)
However, only 1 person may take eels under the licence at a time.
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
310F
Obtaining nominee approval
(1)
The licence holder may apply in writing to the chief executive for someone else to be the holder’s approved nominee.
(2)
The chief executive may grant the approval only if the chief executive is satisfied the holder has become temporarily incapacitated or is otherwise temporarily unable to act under the licence.
(3)
The approval may be granted only for the period during which the chief executive considers the holder will be incapacitated or otherwise temporarily unable to act under the licence.
(4)
If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision.
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
310G
Permitted ways of taking eels
(1)
A person may take eels under the licence only by using an eel trap or a round eel trap.
(2)
A person may use an eel trap or round eel trap under the licence only if—
(a)
the trap complies with division 4; and
(b)
the use of the trap complies with division 5.
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
310H
Processing or selling eels taken under licence
(1)
The licence holder or an approved nominee of the holder may process or sell eels taken under the licence.
(2)
The sale may be to anyone, whether or not the buyer holds an authority that allows the sale.
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
310I
Licence is not transferable
The licence is not transferable.
div 3 (ss 310D–310I) ins 2010 SL No. 35
s 15
Division 4
Requirements for eel traps and round eel traps
div hdg ins 2010 SL No. 35
s 15
310J
Application of div 4
This division applies to an eel trap or a round eel trap.
s 310J ins 2010 SL No. 35
s 15
310K
Trap entrance and trap pocket entrance
(1)
The trap must have only—
(a)
1 entrance into the trap itself (the trap entrance); and
(b)
1 entrance from the trap into its pocket (the trap pocket entrance).
(2)
The trap entrance must not be extended by attaching wings.
(3)
The aperture of the trap pocket entrance must be at least 20cm in any dimension.
s 310K ins 2010 SL No. 35
s 15
amd 2019 SL No. 71
s 59
sch 1
310L
Trap mesh size
(1)
The trap, other than its pocket, must have a mesh size of at least 25mm.
(2)
However, any meshes on the trap that are made of rigid material must be at least 22mm in any dimension.
s 310L ins 2010 SL No. 35
s 15
amd 2019 SL No. 71
s 59
sch 1
310M
Trap frame
The trap when set must have a frame made of rigid material.
s 310M ins 2010 SL No. 35
s 15
310N
Dimensions
The trap when set must have the following dimensions—
(a)
for an eel trap, a frame that is—
(i)
no longer than 2m; and
(ii)
no wider than 0.6m; and
(iii)
no deeper than 0.6m;
(b)
for a round eel trap—
(i)
a diameter no more than 1m; and
(ii)
a height of no more than 0.6m.
s 310N ins 2010 SL No. 35
s 15
310O
Trap pocket
(1)
The pocket of the trap must—
(a)
be long enough and attached to a float in a way so that an air-breathing animal trapped in the trap or the pocket can access the surface of the water to breathe; and
(b)
have rings that are—
(i)
made of rigid material; and
(ii)
no more than 1m apart; and
(iii)
at least 20cm in any dimension.
(2)
The ring nearest the trap pocket entrance must be no more than 1m from the trap pocket entrance.
(3)
The ring nearest the closed end of the pocket must be no more than 0.5m from the closed end.
s 310O ins 2010 SL No. 35
s 15
amd 2019 SL No. 71
s 59
sch 1
310P
Trap float
The trap must have attached to it a float that is—
(a)
light coloured and clearly visible on the surface of the water; and
(b)
at least 15cm in any dimension; and
(c)
marked with—
(i)
the number of the licence under which the trap is being used; and
(ii)
the licence holder’s first name and surname.
s 310P ins 2010 SL No. 35
s 15
amd 2019 SL No. 71
s 59
sch 1
Division 5
Requirements for using eel traps and round eel traps
div 5 (ss 310Q–310S) ins 2010 SL No. 35
s 15
310Q
Restriction on trapping times
(1)
This section applies to an eel trap or round eel trap in waters in the fishery area, other than waters—
(a)
in a privately owned impoundment; or
(b)
to which the public does not have access.
Example for paragraph (b)—
waters in a balancing storage, including, for example, the Bullyard Balancing storage
(2)
The trap must not be used on—
(a)
an ordinary weekend from 9a.m. on Saturday to 4p.m. on Sunday; or
(b)
a long weekend from 9a.m. on the first day of the long weekend to 4p.m. on the last day of the long weekend.
(3)
However, the trap may remain in the water if it is not baited and its pocket is open.
(4)
In this section—
long weekend means any period of 3 or 4 days, including, for example, Easter, made up of a weekend and 1 or 2 public holidays immediately before or immediately after the weekend.
ordinary weekend means a weekend other than a long weekend.
div 5 (ss 310Q–310S) ins 2010 SL No. 35
s 15
310R
Number of traps that can be used
No more than the number of eel traps or round eel traps stated on the licence can be used at a time at any 1 place stated on the licence.
div 5 (ss 310Q–310S) ins 2010 SL No. 35
s 15
310S
Checking traps
An eel trap or a round eel trap that is in use must be checked within 24 hours after being set.
div 5 (ss 310Q–310S) ins 2010 SL No. 35
s 15
Part 4
Shell fishery (‘F’)
311
What is the shell fishery
The shell fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking the molluscs to which section 314 applies in the fishery area mentioned in section 313;
(b)
selling the molluscs.
312
Fishery symbol
The fishery symbol for the fishery is ‘F’.
313
Fishery area
The fishery area consists of the area of all tidal waters and foreshores.
s 313 amd 2016 SL No. 74
s 3
sch 1
314
What fish may be taken
Molluscs, other than green snails, oysters, pearl oysters, trochus or scallops, may be taken under the licence.
315
Who may take molluscs
Molluscs may be taken only by—
(a)
the licence holder; or
(b)
another person in the presence of the licence holder.
316
Permitted ways of taking molluscs
(1)
Broken remnants of molluscs may only be taken—
(a)
by hand; or
(b)
using hand-held implements that are not mechanical implements; or
(c)
if stated on the licence, using mechanical equipment.
(2)
Molluscs, other than broken remnants, may only be taken—
(a)
by hand, without using digging or sieving implements; or
(b)
if stated on the licence, using shell dredges.
317
Use of primary boats
A primary boat must not be longer than 20m.
s 317 amd 2008 SL No. 448
s 39
318
Use of shell dredges
A shell dredge used for taking molluscs must not have a mouth wider than 1.2m or teeth or prongs longer than 75mm.
319
Selling molluscs
s 319 om 2009 SL No. 33
s 24
Part 5
Shell grit fishery (‘G’)
320
What is the shell grit fishery
The shell grit fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking shell grit in the fishery area mentioned in section 322;
(b)
selling shell grit.
321
Fishery symbol
The fishery symbol for the fishery is ‘G’.
322
Fishery area
The fishery area consists of the area of all tidal waters and foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.
s 322 amd 2016 SL No. 74
s 3
sch 1
323
What fish may be taken
Only shell grit may be taken under the licence.
324
Who may take shell grit
Shell grit may be taken only by the licence holder.
325
Where shell grit may be taken
Shell grit may be taken only in an area, within the fishery area, stated in the licence.
326
Permitted way of taking shell grit
A person may take shell grit only if the person replaces the total volume of shell grit taken with an equal volume of sand that has been lawfully obtained.
327
Selling shell grit
s 327 om 2009 SL No. 33
s 25
Part 6
Star sand fishery (‘H’)
328
What is the star sand fishery
The star sand fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking star sand in the fishery area mentioned in section 330;
(b)
selling star sand.
329
Fishery symbol
The fishery symbol for the fishery is ‘H’.
330
Fishery area
The fishery area consists of the area of all tidal waters and foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.
s 330 amd 2016 SL No. 74
s 3
sch 1
331
What fish may be taken
Only star sand composed of the calcareous skeletons of unicellular animals known as Foraminifera may be taken under the licence.
332
Who may take star sand
Star sand may be taken only by the licence holder.
333
Where star sand may be taken
Star sand may be taken only in an area, within the fishery area, stated in the licence.
334
Permitted ways of taking star sand
Star sand may be taken only by—
(a)
hand; or
(b)
using hand-held implements that are not mechanical implements.
335
Selling star sand
s 335 om 2009 SL No. 33
s 26
Part 7
Trochus fishery (east coast) (‘J1’)
336
What is the trochus fishery
The trochus fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking trochus in the fishery area mentioned in section 338;
(b)
selling trochus.
337
Fishery symbol
The fishery symbol for the fishery is ‘J1’.
338
Fishery area
The fishery area consists of the area of all tidal waters south of latitude 10º41' south, and east of longitude 142º31'49" east.
s 338 amd 2016 SL No. 74
s 3
sch 1
339
What fish may be taken
Only trochus may be taken under the licence.
340
Nominees for taking trochus
(1)
The licence holder may nominate persons (nominees) to take trochus under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee.
341
Who may take trochus
Subject to section 343
(3), trochus may be taken in the fishery area only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 340; or
(c)
another person in the presence of the licence holder or nominee.
342
Permitted ways of taking trochus
(1)
Trochus may be taken only by—
(a)
hand; or
(b)
using hand-held implements that are not mechanical implements.
(2)
A person may use underwater breathing apparatus when taking trochus.
343
General conditions of taking trochus
(1)
The boat identified in the licence and 4 other boats may be used to take trochus under the licence in the same location.
(2)
A boat, other than the boat identified in the licence, must not be longer than 7m.
(3)
No more than the number of persons stated in the licence may, at the same time, dive for or gather trochus under the licence.
344
Quantity of trochus that may be taken
The licence holder must not in a year take, or allow to be taken, more trochus than the quantity stated for the year on the licence.
345
Selling trochus
s 345 om 2009 SL No. 33
s 27
Part 8
Juvenile eel fishery (‘JE’)
346
What is the juvenile eel fishery
The juvenile eel fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking the juvenile eels mentioned in section 349 in the fishery area mentioned in section 348;
(b)
selling the juvenile eels.
347
Fishery symbol
The fishery symbol for the fishery is ‘JE’.
348
Fishery area
The fishery area consists of Queensland waters.
349
What fish may be taken
Only a juvenile eel of the genus Anguilla may be taken under the licence.
350
Who may take juvenile eels
(1)
Subject to section 353, juvenile eels may only be taken only by—
(a)
the licence holder; or
(b)
a person nominated by the licence holder (a nominee); or
(c)
another person in the presence of the licence holder or nominee.
(2)
The licence holder must give the chief executive written notice of the nomination of each nominee.
351
Where juvenile eels may be taken
Juvenile eels may be taken only in the area, within the fishery area, stated on the licence.
352
Permitted ways of taking juvenile eels
Juvenile eels may only be taken in the way stated on the licence.
353
General conditions for taking juvenile eels
If the licence states the number of persons that may take juvenile eels, no more than the stated number of persons may take juvenile eels under the licence at the same time.
354
Selling juvenile eels
s 354 om 2009 SL No. 33
s 28
Part 9
Oyster fishery (‘O’)
355
What is the oyster fishery
The oyster fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking oysters in the fishery area mentioned in section 357;
(b)
selling oysters.
356
Fishery symbol
The fishery symbol for the fishery is ‘O’.
357
Fishery area
The fishery area consists of the area of all foreshores between low water and high water.
s 357 amd 2016 SL No. 74
s 3
sch 1
358
What fish may be taken
Only the following oysters may be taken under the licence—
(a)
blacklip oysters;
(b)
milky oysters.
359
Who may take oysters
(1)
Subject to section 362, oysters may be taken only by—
(a)
the licence holder; or
(b)
a person nominated by the licence holder (a nominee); or
(c)
another person in the presence of the licence holder or nominee.
(2)
The licence holder must give the chief executive written notice of the nomination of each nominee.
360
Where oysters may be taken
Oysters may only be taken only in the area, within the fishery area, stated on the licence.
361
Permitted ways of taking oysters
Oysters may only be taken in the way stated on the licence.
362
General conditions for taking oysters
If the licence states the number of persons that may take oysters, no more than the stated number of persons may take oysters under the licence at the same time.
363
Selling oysters
s 363 om 2009 SL No. 33
s 29
Part 10
Pearl fishery (‘P’)
364
What is the pearl fishery
The pearl fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking live pearl oysters in the fishery area mentioned in section 366;
(b)
selling live pearl oysters.
365
Fishery symbol
The fishery symbol for the fishery is ‘P’.
366
Fishery area
The fishery area consists of the area of tidal waters south of latitude 10º41' south and east of longitude 142º31'49" east.
s 366 amd 2016 SL No. 74
s 3
sch 1
367
What fish may be taken
Only live pearl oysters may be taken under the licence.
368
Permitted ways of taking live pearl oysters
(1)
Live pearl oysters may be taken only by—
(a)
hand; or
(b)
using hand-held implements.
(2)
Underwater breathing apparatus may also be used when taking live pearl oysters.
369
Selling live pearl oysters
The licence holder may sell live pearl oysters taken under the licence only to a person acting under a development approval for prescribed aquaculture development.
Part 11
Beachworm fishery (‘W1’)
370
What is the beachworm fishery
The beachworm fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking beachworms in the fishery area mentioned in section 372;
(b)
selling beachworms.
371
Fishery symbol
The fishery symbol for the fishery is ‘W1’.
372
Fishery area
The fishery area consists of the area of all foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.
s 372 amd 2016 SL No. 74
s 3
sch 1
373
What fish may be taken
Only beachworms may be taken under the licence.
373A
Nominees for taking or selling beachworms
(1)
The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)
take beachworm under the licence;
(b)
sell beachworm taken under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee.
s 373A ins 2009 SL No. 61
s 20
374
Who may take beachworms
(1)
Beachworms may be taken only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 373A
(1)
(a).
(2)
For subsection (1), only 1 person may take beachworms under the licence at a time.
s 374 sub 2009 SL No. 61
s 20
375
Where beachworms may be taken
Beachworms may be taken only in the area, within the fishery area, stated on the licence.
376
Permitted ways of taking beachworms
Beachworms may only be taken by hand.
377
Selling beachworms
s 377 om 2009 SL No. 33
s 30
Part 12
Bloodworm fishery (‘W2’)
378
What is the bloodworm fishery
The bloodworm fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking bloodworms in the fishery area mentioned in section 380;
(b)
selling bloodworms.
379
Fishery symbol
The fishery symbol for the fishery is ‘W2’.
380
Fishery area
The fishery area consists of the area of all foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.
s 380 amd 2016 SL No. 74
s 3
sch 1
381
What fish may be taken
Only bloodworms may be taken under the licence.
381A
Nominees for taking or selling bloodworms
(1)
The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)
take bloodworms under the licence;
(b)
sell bloodworms taken under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee.
s 381A ins 2009 SL No. 61
s 21
382
Who may take bloodworms
(1)
Bloodworms may be taken only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 381A
(1)
(a).
(2)
For subsection (1), only 1 person may take bloodworms under the licence at a time.
s 382 sub 2009 SL No. 61
s 21
383
Permitted ways of taking bloodworms
(1)
Bloodworms may only be taken by hand or by using hand held forks.
(2)
If a person digs up an area while taking bloodworms under the licence, the person must put any seagrass disturbed or removed by the digging in an upright position immediately after the worms are taken.
384
Selling bloodworms
s 384 om 2009 SL No. 33
s 31
Part 13
Marine yabby fishery (‘Y’)
385
What is the marine yabby fishery
The marine yabby fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)
taking marine yabbies in the fishery area mentioned in section 387;
(b)
selling marine yabbies.
386
Fishery symbol
The fishery symbol for the fishery is ‘Y’.
387
Fishery area
The fishery area consists of the area of all foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.
s 387 amd 2016 SL No. 74
s 3
sch 1
388
What fish may be taken
Only marine yabbies may be taken under the licence.
388A
Nominees for taking or selling marine yabbies
(1)
The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)
take marine yabbies under the licence;
(b)
sell marine yabbies taken under the licence.
(2)
The licence holder must give written notice to the chief executive of the nomination of each nominee.
s 388A ins 2009 SL No. 61
s 22
389
Who may take marine yabbies
(1)
Marine yabbies may be taken only by—
(a)
the licence holder; or
(b)
a nominee of the licence holder under section 388A
(1)
(a).
(2)
For subsection (1), only 1 person may take marine yabbies under the licence at a time.
s 389 sub 2009 SL No. 61
s 22
390
Where marine yabbies may be taken
Marine yabbies may be taken only in the area, within the fishery area, stated on the licence.
391
Permitted ways of taking marine yabbies
Marine yabbies may only be taken by using—
(a)
hand pumps; or,
(b)
if stated on the licence, mechanical pumps.
Chapter 7A
East coast trawl fishery
ch hdg ins 2019 SL No. 71
s 23
Part 1
Preliminary
pt hdg ins 2019 SL No. 71
s 23
392
What is the east coast trawl fishery
The east coast trawl fishery is fishing for trade or commerce by the use of trawl nets (trawling) in the east coast trawl fishery area.
s 392 prev s 392 om 2009 SL No. 33
s 32
pres s 392 ins 2019 SL No. 71
s 23
392AA
Fishery area
(1)
The east coast trawl fishery area means the area of the tidal waters east of longitude 142º31.89' east.
(2)
Schedule 10E defines particular areas for the east coast trawl fishery.
s 392AA ins 2019 SL No. 71
s 23
Part 2
Licences and fishery symbols
pt hdg ins 2019 SL No. 71
s 23
392AB
Licences and fishery symbols for the east coast trawl fishery
(1)
The licences for the east coast trawl fishery are the ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’ licences.
(2)
The fishery symbols for the east coast trawl fishery are ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’.
s 392AB ins 2019 SL No. 71
s 23
Part 3
Taking fish and other general conditions
pt hdg ins 2019 SL No. 71
s 23
392AC
What fish may be taken
Only the following fish (each the permitted fish) may be taken under the licence—
(a)
any of the following fish (each the principal fish)—
(i)
prawns;
(ii)
scallops;
(iii)
bugs other than Balmain bugs (each a principal bug);
(iv)
squid;
(b)
any of the following fish, if the fish are taken while taking a principal fish—
(i)
Balmain bugs;
(ii)
blue swimmer crabs;
(iii)
cuttlefish;
(iv)
mantis shrimps;
(v)
octopus;
(vi)
pipefish;
(vii)
red champagne lobsters;
(viii)
slipper lobsters;
(ix)
threadfin bream;
(x)
three-spotted crabs.
s 392AC ins 2019 SL No. 71
s 23
392AD
Who may take fish
(1)
Subject to subsections (2) and (3), fish may be taken in the east coast trawl fishery by trawling, and fish taken in the east coast trawl fishery by trawling may be possessed, only by a person who—
(a)
either—
(i)
holds a licence for the fishery; or
(ii)
has been allowed by the holder of a licence for the fishery to take or possess fish under the licence; and
(b)
is a commercial fisher or assistant fisher.
(2)
A person mentioned in subsection (1) may take fish under a ‘T1’ or ‘T2’ licence in an effort year only if the licence holder holds unused effort units for the year.
Note—
See section 392BP for when effort units are used for an effort year.
(3)
An assistant fisher may, in the east coast trawl fishery, take fish for trade or commerce only if—
(a)
the assistant fisher and a commercial fisher are on the same primary boat or tender boat; or
(b)
the assistant fisher is on a tender boat for the primary boat for the commercial fishing boat licence under which the fish are being taken.
s 392AD ins 2019 SL No. 71
s 23
392AE
Assistant fishers using or possessing commercial fishing apparatus
An assistant fisher may, in the east coast trawl fishery, use or possess commercial fishing apparatus only if—
(a)
the assistant fisher and a commercial fisher are on the same primary boat or tender boat; or
(b)
the assistant fisher is on a tender boat for the primary boat for the commercial fishing boat licence under which fish are being taken for trade or commerce.
s 392AE ins 2019 SL No. 71
s 23
Part 4
Use of BRDs
pt hdg ins 2019 SL No. 71
s 23
Division 1
Preliminary
div hdg ins 2019 SL No. 71
s 23
392AF
Application and purpose of part
This part—
(a)
applies if, under a provision of part 9, a BRD must be used with a net used under a provision of that part; and
(b)
prescribes an additional condition to which the licence under which the net is used is subject.
s 392AF ins 2019 SL No. 71
s 23
392AG
Purpose of BRD
The purpose of a BRD is to reduce the level of bycatch taken by the use of the net to the lowest level that allows the economically viable use of the net, having regard to the sustainability of the east coast trawl fishery area’s ecological systems.
s 392AG ins 2019 SL No. 71
s 23
Division 2
Licence subject to BRD use condition
div hdg ins 2019 SL No. 71
s 23
392AH
Requirement to achieve purpose
(1)
The licence under which the net is used is subject to a condition (the BRD use condition) that the use of the net must achieve the purpose of a BRD.
(2)
The BRD use condition also applies to a person acting under the licence.
s 392AH ins 2019 SL No. 71
s 23
392AI
How to comply
The BRD use condition mentioned in section 392AH is taken to be complied with if a device (a recognised BRD) is used with the net that complies with—
(a)
for an otter trawl net used to trawl for prawns—division 3; or
(b)
for an otter trawl net used to trawl for principal bugs or scallops—division 4; or
(c)
for a beam trawl net—division 5.
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Division 3
Recognised BRDs for otter trawl nets used to trawl for prawns
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392AJ
Application of division
This division applies only to an otter trawl net used to trawl for prawns.
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392AK
Square mesh cod end—northern area or central area
(1)
The cod end of a net used in the northern area or central area is a recognised BRD if the cod end complies with this section.
(2)
The cod end must be made of square mesh of—
(a)
a mesh size of at least 50mm; and
(b)
at least—
(i)
80 bars in circumference; and
(ii)
50 bars long.
(3)
The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.
(4)
If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.
(5)
During trawling, nothing must cover any of the square mesh.
s 392AK ins 2019 SL No. 71
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392AL
Square mesh cod end—deep water net area
(1)
The cod end of a net used in the deep water net area is a recognised BRD if the cod end complies with this section.
(2)
The cod end must be made of square mesh of—
(a)
a mesh size of at least 45mm; and
(b)
at least—
(i)
80 bars in circumference; and
(ii)
50 bars long.
(3)
The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.
(4)
If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.
(5)
During trawling, nothing must cover any of the square mesh.
s 392AL ins 2019 SL No. 71
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392AM
Square mesh cod end—outside of northern area, central area and deep water net area
(1)
The cod end of a net used outside of the northern area, central area and deep water net area is a recognised BRD if the cod end complies with this section.
(2)
The cod end must be made of square mesh of—
(a)
a mesh size of at least 38mm; and
(b)
at least—
(i)
80 bars in circumference; and
(ii)
50 bars long.
(3)
The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.
(4)
The square mesh must have installed in it a panel made of square mesh of—
(a)
a mesh size of at least 45mm; and
(b)
at least—
(i)
300mm wide; and
(ii)
300mm long.
(5)
If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.
(6)
During trawling, nothing must cover any of the square mesh.
s 392AM ins 2019 SL No. 71
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392AN
Square mesh panel—outside of central area
(1)
A panel of a net used outside of the central area is a recognised BRD if the panel complies with this section.
(2)
The panel must be in the top of the cod end of the net.
(3)
The panel must consist of a surrounding panel around a centre panel.
(4)
The panel must be installed so that—
(a)
the trailing edge of the surrounding panel is no more than 35 meshes from the cod end drawstrings of the net; and
(b)
the trailing edge of the centre panel is no more than 40 meshes from the cod end drawstrings of the net.
(5)
The surrounding panel must be made of square mesh of—
(a)
a mesh size of at least 45mm; and
(b)
at least—
(i)
550mm wide; and
(ii)
700mm long.
(6)
The centre panel must be made of square mesh of—
(a)
a mesh size of at least 55mm; and
(b)
at least—
(i)
250mm wide; and
(ii)
300mm long.
(7)
During trawling, nothing must cover any of the square mesh.
s 392AN ins 2019 SL No. 71
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392AO
Fisheye
(1)
An opening, commonly known as a fisheye, in a net used in the east coast trawl fishery is a recognised BRD if the opening complies with this section.
(2)
The opening must be—
(a)
held open by a rigid frame that consists of—
(i)
a semicircular-shaped frame; and
(ii)
an isosceles triangle-shaped frame; and
(b)
no more than 66 meshes from the cod end drawstrings of the net.
(3)
The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.
(4)
The semicircular-shaped frame must be—
(a)
at least—
(i)
350mm wide; and
(ii)
150mm high; and
(b)
divided in half by a rigid bar; and
(c)
attached, by a rigid bar—
(i)
from the midpoint of the semicircular-shaped part of the frame; and
(ii)
to the apex of the equal sides of the isosceles triangle-shaped frame.
(5)
The shortest side of the isosceles triangle-shaped frame must be—
(a)
equal to the width of the semicircular-shaped frame; and
(b)
attached, perpendicularly, to the widest part of the semicircular-shaped frame.
(6)
During trawling, nothing must cover any part of the opening.
s 392AO ins 2019 SL No. 71
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392AP
Bigeye
(1)
An opening, commonly known as a bigeye, in a net used in the east coast trawl fishery is a recognised BRD if the opening complies with this section.
(2)
The opening must be—
(a)
in the top of the net; and
(b)
at least 350mm across the width of the net; and
(c)
no more than 66 meshes from the cod end drawstrings of the net.
(3)
The edges of the opening must not overlap by more than 200mm.
(4)
During trawling—
(a)
the part of the opening closest to the mouth of the net must be weighted by chain links or other weights; and
(b)
the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 2 floats, each of which is at least—
(i)
90mm wide; and
(ii)
50mm in diameter; and
(c)
nothing must cover any part of the opening.
s 392AP ins 2019 SL No. 71
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392AQ
V-cut and bell cod end—outside of central area and deep water net area
(1)
A combination of the cod end of a net and a V-cut opening in the cod end used outside of the central area and deep water net area is a recognised BRD if—
(a)
the last 33 meshes of the net from the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end; and
(b)
the opening complies with subsections (3) and (4); and
(c)
nothing covers any part of the opening during trawling.
(2)
However, subsection (1)
(c) does not apply if—
(a)
the meshes are left attached along the forward edge of the opening leaving a flap of net; and
(b)
the edges of the flap do not extend wider than the opening during trawling.
(3)
The opening must—
(a)
be in the top of the net; and
(b)
have 2 diagonal forward measurements of 10 bars of the net; and
(c)
have a lateral measurement along its forward edge of 11 meshes of the net.
(4)
The apex of the opening must not be more than 45 meshes of the net from the drawstrings.
s 392AQ ins 2019 SL No. 71
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Division 4
Recognised BRDs for otter trawl nets used to trawl for principal bugs or scallops
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392AR
Application of division
This division applies only to an otter trawl net used to trawl for principal bugs or scallops.
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392AS
Scallop square mesh cod end
(1)
The cod end of a net used in the east coast trawl fishery is a recognised BRD if the cod end complies with this section.
(2)
The cod end must be made of square mesh of—
(a)
a mesh size of at least 88mm; and
(b)
at least—
(i)
50 bars in circumference; and
(ii)
1,500mm long.
(3)
The square mesh must be no more than 15 meshes from the cod end drawstrings of the net.
(4)
If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.
(5)
During trawling, nothing must cover any of the square mesh other than a compliant chaffing mat.
(6)
In this section—
compliant chaffing mat, for a cod end, means a mat that is attached to the bottom half of the circumference of the cod end—
(a)
only—
(i)
along the leading edge of the mat; and
(ii)
halfway along the length of each side of the mat; and
(iii)
at a point on each rear corner of the mat; and
(b)
along no more than half of the length of the cod end.
s 392AS ins 2019 SL No. 71
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Division 5
Recognised BRDs for beam trawl nets
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392AT
Application of division
This division applies only to a beam trawl net.
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392AU
Square mesh cod end
(1)
The cod end of a net is a recognised BRD if the cod end complies with this section.
(2)
The cod end must be made of square mesh of—
(a)
a mesh size of at least 31mm; and
(b)
at least—
(i)
100 bars in circumference; and
(ii)
50 bars long.
(3)
The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.
(4)
The square mesh must have installed in it a panel made of square mesh of—
(a)
a mesh size of at least 45mm; and
(b)
at least—
(i)
300mm wide; and
(ii)
300mm long.
(5)
If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.
(6)
During trawling, nothing must cover any of the square mesh.
s 392AU ins 2019 SL No. 71
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392AV
Square mesh panel
(1)
A panel of a net is a recognised BRD if the panel complies with this section.
(2)
The panel must be in the top of the cod end of the net.
(3)
The panel must consist of a surrounding panel around a centre panel.
(4)
The surrounding panel must be made of square mesh of—
(a)
a mesh size of at least 40mm; and
(b)
at least—
(i)
450mm wide; and
(ii)
600mm long.
(5)
The centre panel must be made of square mesh of—
(a)
a mesh size of at least 50mm; and
(b)
at least—
(i)
200mm wide; and
(ii)
300mm long.
(6)
The panel must be installed so that—
(a)
the trailing edge of the surrounding panel is no more than 60 meshes from the cod end drawstrings of the net; and
(b)
the trailing edge of the centre panel is no more than 65 meshes from the cod end drawstrings of the net.
(7)
During trawling, nothing must cover any of the square mesh.
s 392AV ins 2019 SL No. 71
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392AW
Fisheye
(1)
An opening, commonly known as a fisheye, in a net is a recognised BRD if the opening complies with this section.
(2)
The opening must be—
(a)
held open by a rigid frame that consists of—
(i)
a semicircular-shaped frame; and
(ii)
an isosceles triangle-shaped frame; and
(b)
no more than 80 meshes from the cod end drawstrings of the net.
(3)
The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.
(4)
The semicircular-shaped frame must be—
(a)
at least—
(i)
230mm wide; and
(ii)
100mm high; and
(b)
divided in half by a rigid bar; and
(c)
attached, by a rigid bar—
(i)
from the midpoint of the semicircular-shaped part of the frame; and
(ii)
to the apex of the equal sides of the isosceles triangle-shaped frame.
(5)
The shortest side of the isosceles triangle-shaped frame must be—
(a)
equal to the width of the semicircular-shaped frame; and
(b)
attached, perpendicularly, to the widest part of the semicircular-shaped frame.
(6)
During trawling, nothing must cover any part of the opening.
s 392AW ins 2019 SL No. 71
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392AX
Bigeye
(1)
An opening, commonly known as a bigeye, in a net is a recognised BRD if the opening complies with this section.
(2)
The opening must be—
(a)
in the top of the net; and
(b)
at least 230mm across the width of the net; and
(c)
no more than 80 meshes from the cod end drawstrings of the net.
(3)
The edges of the opening must not overlap by more than 200mm.
(4)
During trawling—
(a)
the part of the opening closest to the mouth of the net must be weighted by chain links or other weights; and
(b)
the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 1 float that is at least—
(i)
90mm wide; and
(ii)
50mm in diameter; and
(c)
nothing must cover any part of the opening.
s 392AX ins 2019 SL No. 71
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392AY
V-cut and bell cod end
(1)
A combination of the cod end of a net and a V-cut opening in the cod end is a recognised BRD if—
(a)
the following number of the meshes of the net before the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end—
(i)
if the net has a mesh size of less than 31mm—50;
(ii)
if the net has a mesh size of 31mm or more—40; and
(b)
the opening complies with subsections (3) and (4); and
(c)
nothing covers any part of the opening during trawling.
(2)
However, subsection (1)
(c) does not apply if—
(a)
the meshes are left attached along the forward edge of the opening leaving a flap of net; and
(b)
the edges of the flap do not extend wider than the opening during trawling.
(3)
The opening must—
(a)
be in the top of the net; and
(b)
have 2 diagonal forward measurements of the following number of bars of the net each—
(i)
if the net has a mesh size of less than 31mm—15;
(ii)
if the net has a mesh size of 31mm or more—12; and
(c)
have a lateral measurement along its forward edge of the following number of meshes of the net—
(i)
if the net has a mesh size of less than 31mm—16;
(ii)
if the net has a mesh size of 31mm or more—13.
(4)
The apex of the opening must not be more than the following number of meshes of the net from the drawstrings—
(a)
if the net has a mesh size of less than 31mm—65;
(b)
if the net has a mesh size of 31mm or more—55.
s 392AY ins 2019 SL No. 71
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Part 5
Use of TEDs
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Division 1
Preliminary
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392AZ
Application and purpose of part
This part—
(a)
applies if, under a provision of part 9, a TED must be used with a net used under a provision of that part; and
(b)
prescribes an additional condition to which the licence under which the net is used is subject.
s 392AZ ins 2019 SL No. 71
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392BA
Purpose of TED
The purpose of a TED is to allow turtles to escape immediately after being taken in the net.
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Division 2
Licence subject to TED use condition
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392BB
Requirement to achieve purpose
(1)
The licence under which the net is used is subject to a condition (the TED use condition) that the use of the net must achieve the purpose of a TED.
(2)
The TED use condition also applies to a person acting under the licence.
s 392BB ins 2019 SL No. 71
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392BC
Compliance with TED use condition
(1)
The TED use condition mentioned in section 392BB is taken to have been complied with if—
(a)
a device that complies with this part (a recognised TED) is used with the net; and
(b)
if an accelerator funnel is attached to a recognised TED—the accelerator funnel complies with section 392BH.
(2)
A recognised TED must consist of—
(a)
a grid that complies with section 392BD
(1) and (2); and
(b)
an opening (the escape hole) in the net that complies with section 392BE; and
(c)
if the escape hole is in the bottom of the net—
(i)
a grid that complies with section 392BD
(3); or
(ii)
floats that comply with section 392BG; and
(d)
a flap covering the escape hole that complies with section 392BF.
s 392BC ins 2019 SL No. 71
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Division 3
Requirements for recognised TEDs
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392BD
Grid requirements
(1)
The grid must—
(a)
be at least 810mm wide and 810mm high; and
(b)
have vertical bars, spaced no more than 120mm apart, extending from the top to the bottom of the net; and
(c)
be constructed as a single solid unit without any hinged or collapsible components; and
(d)
be attached to the entire circumference of the net; and
(e)
be installed and kept at an angle of between 30º and 55º in the net so that it is inclined towards the escape hole.
(2)
The grid must be constructed of rigid material.
(3)
Also, if the escape hole is in the bottom of the net, the grid must be—
(a)
constructed of a material with a density of no more than the density of seawater; and
(b)
appropriately marked with—
(i)
the density of the material, expressed in g/cm3 or kg/cm3; and
(ii)
the name of the grid’s manufacturer.
s 392BD ins 2019 SL No. 71
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392BE
Escape hole requirements
(1)
The escape hole must allow turtles to escape immediately after the turtles are taken in the net.
(2)
The escape hole must consist of—
(a)
a horizontal cut that is—
(i)
at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and
(ii)
at least 610mm wide; and
(iii)
no narrower than the grid, other than for 100mm at either side of the grid; and
(b)
2 cuts that are each—
(i)
in front of and perpendicular to the trailing edge of the grid; and
(ii)
of equal length; and
(iii)
at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and
(c)
a leading edge cut that, when the net is stretched, is at least—
(i)
1,810mm, if the escape hole is covered with a single flap; or
(ii)
1,420mm, if the escape hole is covered with a double flap.
(3)
Alternatively, the escape hole may consist of—
(a)
a horizontal cut that is—
(i)
at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and
(ii)
at least 1,020mm wide; and
(b)
2 all bar cuts that each—
(i)
are of equal length and at least 1,360mm long; and
(ii)
taper from either end of the horizontal cut mentioned in paragraph (a) to where they meet.
(4)
Alternatively, the escape hole may consist of—
(a)
a horizontal cut that is—
(i)
at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and
(ii)
at least 610mm wide; and
(iii)
no narrower than the grid, other than for 100mm at either side of the grid; and
(b)
2 cuts that are each—
(i)
in front of and perpendicular to the trailing edge of the grid; and
(ii)
of equal length; and
(iii)
at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and
(c)
2 all bar cuts that—
(i)
each intersect with, and are in front of, the perpendicular cuts mentioned in paragraph (b); and
(ii)
are each of equal length and at least 500mm long; and
(iii)
allow the escape hole, at the intersections mentioned in subparagraph (i), to stretch to, if the escape hole is covered with a single flap, 1,810mm, or if the escape hole is covered with a double flap, 1,420mm.
(5)
In this section—
all bar cut means a cut through parallel opposing bars in a row of meshes.
s 392BE ins 2019 SL No. 71
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392BF
Flap requirements
(1)
The escape hole must be covered by a rectangular flap attached to the outside of the net.
(2)
The flap must consist of 1 panel that—
(a)
has a mesh size of no more than—
(i)
for a net used to trawl for prawns—50mm; or
(ii)
for a net used to trawl for scallops—90mm; and
(b)
is at least 3,380mm by 1,320mm; and
(c)
does not overlap the escape hole by more than 130mm on either side; and
(d)
is not sewn down the outside edges more than 150mm past the trailing edge of the grid; and
(e)
is attached, by the longer edge, to the net in front of the leading edge of the escape hole.
(3)
Alternatively, the flap may consist of 2 equal-sized panels that—
(a)
each have a mesh size of no more than—
(i)
for a net used to trawl for prawns—50mm; or
(ii)
for a net used to trawl for scallops—90mm; and
(b)
are each at least 1,470mm wide; and
(c)
do not overlap by more than 380mm along the leading edge of the panels, when each panel is fully stretched; and
(d)
are sewn together only along the leading edges of the panels; and
(e)
are attached to the net in front of the leading edge of the escape hole.
(4)
The trailing edge of a flap must not extend more than 610mm behind the trailing edge of the grid.
s 392BF ins 2019 SL No. 71
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392BG
Float requirements
(1)
If the escape hole is in the bottom of the net, the following floats must be attached to the grid—
(a)
if the grid has a circumference of no more than 3,050mm, at least—
(i)
2 small floats; or
(ii)
1 medium float;
(b)
if the grid has a circumference of more than 3,050mm, at least—
(i)
4 small floats; or
(ii)
2 medium floats.
(2)
Alternatively, the following floats may be attached to the grid—
(a)
3 small plastic floats; or
(b)
2 medium plastic floats; or
(c)
1 large plastic float.
(3)
Alternatively, 1 or more floats, with a total buoyancy at least equal to the weight of the recognised TED, may be attached to the grid if—
(a)
the buoyancy, expressed in grams or kilograms, of each float is appropriately marked on the float; and
(b)
the weight of the recognised TED is appropriately marked on the grid.
(4)
In this section—
attached means attached to the top half of the grid—
(a)
inside the net and behind the grid; or
(b)
outside the net but not attached to a flap.
large plastic float means a float made of hard plastic that is at least 250mm in diameter.
medium float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—
(a)
222mm long; and
(b)
172mm in diameter.
medium plastic float means a float made of hard plastic that is at least 200mm, but less than 250mm, in diameter.
small float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—
(a)
180mm, but less than 222mm, long; and
(b)
147mm, but less than 172mm, in diameter.
small plastic float means a float made of hard plastic that is at least 150mm, but less than 200mm, in diameter.
weight means weight expressed in grams or kilograms.
s 392BG ins 2019 SL No. 71
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392BH
Accelerator funnel requirements
(1)
The accelerator funnel must be made of mesh of a mesh size of at least 38mm but no more than 50mm.
(2)
The accelerator funnel must be installed in the leading edge of the net in front of the recognised TED so that—
(a)
the leading edge of the accelerator funnel is attached at least 18 meshes in front of the closest point of the grid; and
(b)
the trailing edge of the accelerator funnel does not extend past the bars of the grid.
(3)
If the recognised TED has an escape hole in the top of the net, the bottom of the trailing edge of the accelerator funnel must be attached to the bottom of the recognised TED by no more than one-third of the circumference of the trailing edge.
(4)
If the recognised TED has an escape hole in the bottom of the net, the top of the trailing edge of the accelerator funnel must be attached to the top of the recognised TED by no more than one-third of the circumference of the trailing edge.
(5)
The circumference of the trailing edge of the accelerator funnel must be at least—
(a)
for an accelerator funnel with a mesh size of at least 38mm but less than 43mm—100 meshes; or
(b)
for an accelerator funnel with a mesh size of at least 43mm but less than 48mm—93 meshes; or
(c)
for an accelerator funnel with a mesh size of at least of 48mm but less than 50mm—83 meshes; or
(d)
for an accelerator funnel with a mesh size of at least 50mm—80 meshes.
s 392BH ins 2019 SL No. 71
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Part 6
Communication conditions
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392BI
Purpose and application of part
This part prescribes additional conditions to which an ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licence is subject.
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392BJ
Obligation to nominate communication mode for boat
(1)
The licence holder must, by notice to the chief executive, nominate a mode by which the chief executive or an inspector may communicate with the person in control of the boat identified in the licence whenever the person is on the boat.
(2)
The mode—
(a)
can not be by the use of a radio or vessel tracking equipment; and
(b)
must be able to be received on the boat instantaneously after the communication is sent by the chief executive or inspector.
Examples of modes that may be nominated—
a facsimile, mobile phone, radiophone or satellite phone
(3)
More than 1 mode may be nominated.
(4)
The licence holder may change the nominated mode by giving notice of a new nominated mode to the chief executive.
(5)
However, the new nominated mode must not be used until the chief executive has advised the licence holder that the notice of the change has been received by the chief executive.
s 392BJ ins 2019 SL No. 71
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392BK
Obligation to ensure communication with person in control
The licence holder and the person in control of the boat identified in the licence must take all reasonable steps to ensure the chief executive or an inspector is, whenever the person is on the boat, able to communicate with the person by using a nominated communication mode for the boat.
s 392BK ins 2019 SL No. 71
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Part 7
Effort units
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Division 1
Introduction
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392BL
Simplified outline of part
(1)
This part provides for the entitlement of effort units and conditions for their transfer.
(2)
Divisions 3 and 4 provide for the entitlement of effort units and for working out when they are used.
(3)
Divisions 5, 6 and 7 prescribe conditions for the transfer of effort units, provide for the registration of transferred effort units and provide for the entitlement under transferred effort units.
(4)
Division 9 provides for usage notices.
s 392BL ins 2019 SL No. 71
s 23
Division 2
General provisions about effort units
div hdg ins 2019 SL No. 71
s 23
392BM
Nature of an effort unit
Each effort unit is—
(a)
a quota authority; and
(b)
subject to the quota entitlement provided for under division 3.
s 392BM ins 2019 SL No. 71
s 23
392BN
Restriction on issue of effort units
The chief executive must not issue effort units.
s 392BN ins 2019 SL No. 71
s 23
Division 3
Effort unit entitlement and use
div hdg ins 2019 SL No. 71
s 23
392BO
Entitlement under effort units
(1)
The effort units held by a person authorise the person, in an effort year, to—
(a)
if the effort units are effort units that can be used in conjunction with ‘T1’ licences (T1 effort units)—
(i)
use, or allow someone else to use, the boat identified in any ‘T1’ licence also held by the person until the effort units have been used; and
(ii)
use, or allow someone else to use, each of the boats for 4 additional days (each a steaming day); or
(b)
if the effort units are effort units that can be used in conjunction with ‘T2’ licences (T2 effort units)—
(i)
use the boat identified in any ‘T2’ licence also held by the person until the effort units have been used; and
(ii)
use each of the boats for 4 additional days (each also a steaming day).
(2)
However, the entitlement applies only while—
(a)
for T1 effort units—the person also holds a ‘T1’ licence that is in force; and
(b)
for T2 effort units—the person also holds a ‘T2’ licence that is in force.
(3)
The authorisation under this section is subject to division 7.
(4)
The authorisation under this section for an effort year—
(a)
is the person’s entitlement under the person’s effort units for the year; and
(b)
imposes a quota on the entitlement for the effort year.
(5)
The entitlement is subject to any relevant prohibitions or restrictions under this regulation, the effort unit or the ‘T1’ licence or ‘T2’ licence.
Examples of relevant restrictions—
•
restrictions under a fisheries declaration
•
conditions applying generally to licences with fishery symbols under chapter 6, part 6
s 392BO ins 2019 SL No. 71
s 23
392BP
When effort units are used for an effort year
(1)
This section provides for when effort units held by a person are used for an effort year.
(2)
Effort units are not used until the holder, or anyone else allowed by the holder, has, under section 392BQ, used a boat identified in a ‘T1’ licence or ‘T2’ licence on a fishing day for effort units.
(3)
The number of effort units used on the fishing day is worked out by applying the following formula—
where—
EU means the number of effort units used on the fishing day.
EUCF means the effort unit conversion factor for the boat used.
s 392BP ins 2019 SL No. 71
s 23
392BQ
Provisions for working out use of entitlement
(1)
This section provides for rules to work out whether a boat has been used on a fishing or steaming day to decide whether the entitlement of the holder of effort units has been used.
(2)
The period of each fishing and steaming day for the effort units is from midday to midday.
(3)
However, if the holder has given the chief executive notice of 24 hours or more that the period of the days is to be—
(a)
from midnight to midnight—the period is from midnight to midnight; or
(b)
from 6p.m. to 6p.m.—the period is from 6p.m. to 6p.m.
(4)
Subsection (3)
(b) applies only if the licence is also an ‘M1’ licence.
(5)
If the holder uses the boat in any part of a fishing or steaming day, the holder is taken to have used the boat for the whole of the day.
(6)
Despite subsections (3) to (5)—
(a)
the use of the boat for the whole or part of the first 12 hours of an effort year is not included in the working out of whether the boat has been used on a fishing or steaming day if—
(i)
under subsection (3)
(a), the period of the fishing or steaming day is from midnight to midnight; and
(ii)
the boat has, in the preceding 12 hours, been used under an east coast trawl fishery symbol; and
(b)
the use of the boat for the whole or part of the first 6 hours of an effort year is not included in the working out of whether the boat has been used on a fishing or steaming day if—
(i)
under subsection (3)
(b), the period of the fishing or steaming day is from 6p.m. to 6p.m.; and
(ii)
the boat has, in the preceding 18 hours, been used under an east coast trawl fishery symbol.
(7)
The boat is taken to have been used on fishing days for effort units before it is used on steaming days.
(8)
In this section—
notice includes a notice given by facsimile, radio or telephone.
s 392BQ ins 2019 SL No. 71
s 23
392BR
No carrying forward of unused entitlement
(1)
This section applies if, in an effort year, the holder of effort units fishes on fewer days than the total entitlements under the effort units.
(2)
The holder is taken, at the end of the effort year, to have used all the entitlements under the effort units held by the holder for the year.
s 392BR ins 2019 SL No. 71
s 23
392BS
Content of effort unit certificates
An effort unit certificate must state each of the following—
(a)
the name of the person who holds the effort units mentioned in the certificate;
(b)
if the holder has T1 effort units—how many of them the holder has;
(c)
if the holder has T2 effort units—how many of them the holder has;
(d)
if the chief executive has imposed conditions on the effort units—the conditions;
(e)
if the chief executive has suspended any of the effort units—
(i)
the number of effort units suspended; and
(ii)
the period of the suspension.
s 392BS ins 2019 SL No. 71
s 23
392BT
Evidentiary provision for effort unit certificate
An effort unit certificate is evidence of—
(a)
the number of effort units held when the certificate was—
(i)
issued; or
(ii)
changed or replaced under section 93 of the repealed 2010 Plan or section 392CI; and
(b)
the conditions, if any, imposed on the effort units.
s 392BT ins 2019 SL No. 71
s 23
Division 4
Evidentiary aids for use of entitlement
div hdg ins 2019 SL No. 71
s 23
Subdivision 1
Evidentiary aids for when a fishing or steaming day is used
sdiv hdg ins 2019 SL No. 71
s 23
392BU
Location detected or reported
(1)
This section applies if the boat identified in a ‘T1’ licence or ‘T2’ licence is detected by vessel tracking equipment or manually reported at any time during a day (the relevant day) within the following area—
(a)
for a boat identified in a ‘T1’ licence—
(i)
generally—the ‘T1’ area; and
(ii)
if the licence also has an ‘M1’ fishery symbol written on it—the ‘M1’ and ‘M2’ area;
(b)
for a boat identified in a ‘T2’ licence—the ‘T2’ area.
(2)
The detection or manual report is evidence that the licence holder has used the boat for a whole fishing day or steaming day for—
(a)
if the licence is a ‘T1’ licence—T1 effort units; or
(b)
if the licence is a ‘T2’ licence—T2 effort units.
(3)
However, subsection (2) does not apply if—
(a)
an exception for this section stated in subdivision 2 applies for the relevant day; or
(b)
the licence holder satisfies the chief executive the boat was not used on the relevant day.
s 392BU ins 2019 SL No. 71
s 23
392BV
Location not detected or reported
(1)
This section applies if at any time during a day (the relevant time)—
(a)
section 80 of the Act applied to the use of a boat identified in a ‘T1’ or ‘T2’ licence; and
(b)
the boat is not detected by vessel tracking equipment anywhere; and
(c)
the boat’s location is not manually reported.
(2)
The absence of the detection or manual report is evidence that the boat was used for a whole fishing day or steaming day for—
(a)
if the licence is a ‘T1’ licence—T1 effort units; or
(b)
if the licence is a ‘T2’ licence—T2 effort units.
(3)
However, subsection (2) does not apply if the licence holder satisfies the chief executive that the boat was not being used at the relevant time.
s 392BV ins 2019 SL No. 71
s 23
392BW
Particular notice is evidence of unused entitlement
(1)
This section applies if the holder of effort units has obtained a written notice from the chief executive stating the amount of unused entitlement under the holder’s effort units for a stated effort year on a stated date.
(2)
The notice is evidence of the amount of unused entitlement under the effort units for the stated effort year on the stated date.
s 392BW ins 2019 SL No. 71
s 23
Subdivision 2
Exceptions
sdiv hdg ins 2019 SL No. 71
s 23
392BX
Exception—movement only at travelling speed
(1)
It is an exception for section 392BU
(3)
(a) if, during the whole of the day, the boat is detected by vessel tracking equipment or manually reported as—
(a)
not having moved; or
(b)
having moved at a speed of at least 5 knots.
(2)
For subsection (1)
(b), if a boat is detected by vessel tracking equipment or manually reported as having moved continuously during a period, the first or last time the boat is detected or manually reported during the period must be disregarded if, at the time, the boat is detected or manually reported as moving at a speed of less than 5 knots.
(3)
This section does not limit sections 392BZ and 392CB.
s 392BX ins 2019 SL No. 71
s 23
392BY
Exception—minimum boat movement
(1)
It is an exception for section 392BU
(3)
(a) if, during the whole of the day, the boat is detected by vessel tracking equipment or manually reported as—
(a)
not having moved; or
(b)
having moved no more than the following distance from where the boat was first detected on the day—
(i)
if the boat is detected or manually reported as being in the deep water net area during any part of the day—1,000m;
(ii)
otherwise—250m.
(2)
This section does not limit sections 392BZ and 392CB.
s 392BY ins 2019 SL No. 71
s 23
392BZ
Exception—moving boat without fishing
(1)
It is an exception for section 392BU
(3)
(a) if—
(a)
the boat is detected by vessel tracking equipment or manually reported as having moved during a day; and
(b)
the conditions mentioned in subsection (2) have been complied with.
(2)
For subsection (1)
(b), the conditions are as follows—
(a)
the movement is, or is part of, any of the following journeys—
(i)
from a defined port area to another defined port area;
(ii)
from a defined port area to a place outside the east coast trawl fishery area;
(iii)
from a place outside the east coast trawl fishery area to a defined port area;
(iv)
from a place outside the east coast trawl fishery area to another place outside the east coast trawl fishery;
(b)
the licence holder or person in control of the boat gave the chief executive notice of the following about the journey before it started—
(i)
the date and time it will start;
(ii)
the place it will start;
(iii)
the proposed destination;
(iv)
the estimated date and time of arrival at the destination;
(v)
if the movement involves entering or leaving the east coast trawl fishery area—each entry or leaving;
(vi)
the reason for the journey;
(c)
if any fish taken outside the east coast trawl fishery area are on board the boat—the licence holder or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area;
(d)
the journey complies, or substantially complies, with the journey stated in the notice;
(e)
during the whole of the journey—
(i)
no fish taken by the use of a trawl net in the east coast trawl fishery area are on board the boat; and
(ii)
section 80 of the Act is complied with for the boat; and
(iii)
all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom.
(3)
However, the trawl nets may be suspended from a mast or boom if the journey is from a defined port area to the nearest northerly or southerly defined port area.
(4)
The licence holder or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)
(b)
(iii), (iv) or (v).
(5)
From the giving of the amendment notice, the condition mentioned in subsection (2)
(d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)
(b), as amended under the amendment notice.
s 392BZ ins 2019 SL No. 71
s 23
392CA
Exception—moving boat to test fishing apparatus
(1)
It is an exception for section 392BU
(3)
(a) if—
(a)
the boat is detected by vessel tracking equipment or manually reported as having moved during a day; and
(b)
the conditions mentioned in subsection (2) have been complied with.
(2)
For subsection (1)
(b), the conditions are as follows—
(a)
the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus;
(b)
the licence holder or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey—
(i)
the date and time it will start;
(ii)
the place it will start;
(iii)
the proposed destination;
(iv)
the estimated date and time of arrival at the destination;
(v)
the reason for the journey;
(c)
the journey complies, or substantially complies, with the journey stated in the notice;
(d)
the destination for the journey is no more than 1n mile from where the journey started;
(e)
during the whole of the journey—
(i)
no fish are taken by the use of a trawl net in the east coast trawl fishery area; and
(ii)
the cod ends of each trawl net on or attached to the boat are open; and
(iii)
section 80 of the Act is complied with for the boat.
s 392CA ins 2019 SL No. 71
s 23
392CB
Exception—acting exclusively under authority other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol
(1)
It is an exception for section 392BU
(3)
(a) if—
(a)
the boat is detected by vessel tracking equipment or manually reported as having moved during a day; and
(b)
the conditions mentioned in subsection (2) have been complied with.
(2)
For subsection (1)
(b), the conditions are as follows—
(a)
the movement is, or is part of, a journey that started from a defined port area;
(b)
the licence holder or person in control of the boat gave the chief executive notice of the following about the journey before it started—
(i)
the date and time it will start;
(ii)
where it will start;
(iii)
the proposed destination;
(iv)
the estimated date and time of arrival at the destination;
(v)
each east coast trawl fishery symbol or other authority, other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol, under which the boat will be used during the journey;
(vi)
the activities for which the boat will be used during the journey;
(vii)
the date and time the use of the boat under the east coast trawl fishery symbol or other authority will stop;
(c)
the journey complies, or substantially complies, with the journey stated in the notice;
(d)
during the whole of the journey—
(i)
section 80 of the Act is complied with for the boat; and
(ii)
if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the east coast trawl fishery area—there are no trawl nets, or fish taken by the use of a trawl net in the east coast trawl fishery area, on board the boat.
(3)
The licence holder or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)
(b)
(iii), (iv), (v) or (vi).
(4)
From the giving of the amendment notice, the condition mentioned in subsection (2)
(c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)
(b), as amended under the amendment notice.
s 392CB ins 2019 SL No. 71
s 23
392CC
Exception—detection in particular regulated waters
It is an exception for section 392BU
(3)
(a) if the detection by vessel tracking equipment or manual reporting is within 1 or more of the following—
(a)
the southern regional waters in the regulated period under the
Fisheries Declaration 2019
, section 87
(2);
(b)
the northern regional waters in the regulated period under the
Fisheries Declaration 2019
, section 88
(2);
(c)
the following regulated waters—
•
Currumbin Beach
•
Moreton Bay outside ‘M1’ and ‘M2’ area
•
Moreton Bay (including The Broadwater)
•
Maroochy River and ocean foreshores (netting)
•
Laguna Bay area
•
Rainbow Beach
•
Wide Bay Bar
•
Hook Point to Taleerba Creek, Fraser Island
•
Hervey Bay (commercial netting)
•
Gladstone offshore area
•
Yeppoon offshore area
•
Keppel Bay near Middle Island Observatory
•
Swain Reefs
•
Shoalwater Bay
•
Grasstree Island area
•
Pioneer River mouth
•
Egremont Pass Closure
•
Refuge Bay on Scawfell Island
•
Pioneer Bay
•
Hook Island (fishing)
•
Bowen to Cairns offshore area
•
Townsville Harbour and Cleveland Bay
•
Rollingstone Creek
•
Townsville to Cape York Peninsula offshore area
•
Yanks Jetty at Orpheus Island
•
Herbert River
•
Hinchinbrook Channel (all nets)
•
Mission Beach
•
Etty Bay area
•
Fitzroy Island–High Island
•
Mission Bay
•
Trinity Bay
•
Yorkeys Knob to Simpson Point
•
Island Point to the Daintree River
•
Grave Point to Indian Head
•
Cape Bedford to Murray Reefs
•
Cape Flattery to Lookout Point
•
Lookout Point to Baron Reef
•
Barrow Point to Bizant River
•
Marrett River to Rocky River
•
Rocky River to latitude 13º08.91' south
•
Round Point to Fly Point near Cape York Peninsula
•
tip of Cape York Peninsula
•
latitude 13º08.91' south to Thorpe Point.
s 392CC ins 2019 SL No. 71
s 23
392CD
Notices to chief executive under subdivision
(1)
This section applies for a notice to the chief executive under this subdivision.
(2)
The notice may relate to a continuous period of more than 1 day.
(3)
The notice may be given to the chief executive by—
(a)
telephone to a telecommunications service provider for the chief executive published on the department’s website; or
(b)
using vessel tracking equipment in a way that ensures—
(i)
the notice is given to, and received by, the chief executive instantaneously; and
(ii)
the chief executive can readily access the information in the notice.
(4)
The chief executive may make guidelines for how to give the notice under subsection (3)
(b).
(5)
The notice is taken to have been given under subsection (3)
(b) if, to the extent they are relevant, the guidelines are complied with.
s 392CD ins 2019 SL No. 71
s 23
Division 5
When effort units may or may not be transferred
div hdg ins 2019 SL No. 71
s 23
392CE
Purpose of division
This division states, for section 65
(1) of the Act, the circumstances in which effort units may or may not be transferred.
s 392CE ins 2019 SL No. 71
s 23
392CF
Only whole effort units may be transferred
A part of an effort unit can not be transferred.
s 392CF ins 2019 SL No. 71
s 23
392CG
Eligibility of transferee
(1)
A T1 effort unit may be transferred only by an effort unit holder to a ‘T1’ licence holder, other than the transferor.
(2)
Subject to section 392CH, a T2 effort unit may be transferred only by an effort unit holder to a ‘T2’ licence holder, other than the transferor.
s 392CG ins 2019 SL No. 71
s 23
392CH
Transfer of half of the effort units of ‘T2’ licence to ‘T1’ licence
Half of the effort units for a ‘T2’ licence may be transferred to a ‘T1’ licence only if the ‘T2’ licence holder gives the chief executive notice that the ‘T2’ licence holder surrenders—
(a)
the ‘T2’ licence; and
(b)
the other half of the ‘T2’ licence holder’s effort units for the ‘T2’ licence.
s 392CH ins 2019 SL No. 71
s 23
Division 6
Applications to register transfer of effort units
div hdg ins 2019 SL No. 71
s 23
392CI
Effort unit certificate changes required
If, under section 65B of the Act, an application to transfer an effort unit is registered, the chief executive must give effect to the transfer by changing, cancelling or replacing the transferor’s and transferee’s current effort unit certificates.
s 392CI ins 2019 SL No. 71
s 23
Division 7
Entitlement of transferee under transferred effort units
div hdg ins 2019 SL No. 71
s 23
392CJ
Entitlement
(1)
The entitlement of the transferee under transferred effort units is the unused entitlement of the transferor under the units immediately before the chief executive registers the transfer under section 65B of the Act.
(2)
However, the transferred entitlement only includes an entitlement of the transferor to use a boat on a steaming day if the transferor’s former licence to which the effort units related was also transferred to the transferee.
(3)
Subsection (2) does not affect the transferee’s entitlement to use a boat on a steaming day under other effort units.
s 392CJ ins 2019 SL No. 71
s 23
Division 8
Information notice
div hdg ins 2019 SL No. 71
s 23
392CK
Notice of decision about effort units
As soon as practicable after making a decision under this part, the chief executive must give each person to whom the decision relates an information notice about the decision.
s 392CK ins 2019 SL No. 71
s 23
Division 9
Usage notices
div hdg ins 2019 SL No. 71
s 23
392CL
Chief executive to give usage notice
(1)
This section applies if the chief executive becomes aware that the fishing and steaming days for a particular effort year—
(a)
have been used; or
(b)
are likely to be used in the next month.
(2)
The chief executive must immediately give each ‘T1’ licence holder a written notice (a usage notice) stating—
(a)
if the fishing and steaming days have been used—
(i)
the day the fishing and steaming days were used; and
(ii)
the day the regulated period starts under the
Fisheries Declaration 2019
, section 92
(3); or
(b)
if the fishing and steaming days are likely to be used in the next month—that the fishing and steaming days are likely to be used in the next month.
s 392CL ins 2019 SL No. 71
s 23
392CM
Obligations of ‘T1’ licence holders under usage notice
(1)
This section prescribes an additional condition to which a ‘T1’ licence is subject.
(2)
This section applies if a ‘T1’ licence holder is given a usage notice.
(3)
The ‘T1’ licence holder must ensure that every person acting under the licence is aware of the matters mentioned in the notice.
(4)
Subsection (5) applies if the usage notice states that the fishing and steaming days are likely to be used in the next month.
(5)
A person in control of a relevant boat under the ‘T1’ licence must use the AIVR system, on each day the boat is to be used to take fish under the licence, to obtain the following information before any person starts taking fish from the boat on that day—
(a)
whether the fishing and steaming days have been used;
(b)
if the person finds out by using the AIVR system that the fishing and steaming days have been used on that day or an earlier day—the day the regulated period will start under the
Fisheries Declaration 2019
, section 92
(3).
(6)
A person in control of a relevant boat under the ‘T1’ licence complies with subsection (5) if another person obtains the information, in compliance with the subsection, for the person in control of the boat.
(7)
In this section—
relevant boat, under a ‘T1’ licence, means a boat that is to be used to take fish under the licence from the reef world heritage area regulated waters.
s 392CM ins 2019 SL No. 71
s 23
Part 8
Boat modification and replacement
pt hdg ins 2019 SL No. 71
s 23
Division 1
Boat modification conditions
div hdg ins 2019 SL No. 71
s 23
392CN
Condition for ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licences
(1)
This section applies to an ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licence.
(2)
Subject to sections 392CP and 392CQ, the licence is subject to the additional condition that the licence holder may modify the boat identified on the licence only if the modification does not change the number of hull units for the boat.
s 392CN ins 2019 SL No. 71
s 23
392CO
Condition for other licences
Subject to section 392CR, a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence is subject to an additional condition that the licence holder may modify the boat identified in the licence only if—
(a)
the modification does not change the boat’s main engine power or its length; or
(b)
the details of the boat recorded on the licence are amended to reflect the modification.
s 392CO ins 2019 SL No. 71
s 23
Division 2
Restrictions on amending licence to modify or replace boat
div hdg ins 2019 SL No. 71
s 23
392CP
Restriction for ‘M1’, ‘T1’ or ‘T2’ licences
The chief executive may amend or replace an ‘M1’, ‘T1’ or ‘T2’ licence to allow the boat identified in the licence to be modified or replaced only if the modification or replacement does not result in—
(a)
the hull units for the boat being more than 70; or
(b)
the boat’s main engine power being more than 300 maximum continuous brake kW.
s 392CP ins 2019 SL No. 71
s 23
392CQ
Restriction for ‘M2’ licences
The chief executive may amend or replace an ‘M2’ licence to allow the boat identified in the licence to be modified or replaced only if—
(a)
the amendment or replacement does not increase the number of hull units for the boat; or
(b)
the licence holder surrenders another ‘M2’ licence.
s 392CQ ins 2019 SL No. 71
s 23
392CR
Length restriction for other licences
The chief executive may amend or replace a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence to allow the boat identified in the licence to be modified or replaced only if—
(a)
the primary boat identified in the licence is no longer than 14m; and
(b)
the modification or replacement of the boat will not result in the boat’s main engine power being more than 300 maximum continuous brake kW.
s 392CR ins 2019 SL No. 71
s 23
Part 9
Specific licence conditions
pt hdg ins 2019 SL No. 71
s 23
Division 1
Specific licence conditions for ‘M1’ licences and ‘M2’ licences
div hdg ins 2019 SL No. 71
s 23
392CS
Purpose and application of division
This division—
(a)
prescribes additional conditions to which an ‘M1’ licence or ‘M2’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392CS ins 2019 SL No. 71
s 23
392CT
Area for ‘M1’ and ‘M2’ fishery symbols
The area for the ‘M1’ and ‘M2’ fishery symbols consists of the ‘M1’ and ‘M2’ area.
s 392CT ins 2019 SL No. 71
s 23
392CU
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using beam trawl nets or otter trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392CU ins 2019 SL No. 71
s 23
392CV
Maximum net length
A net must be no longer than—
(a)
for a beam trawl net—10m; or
(b)
for an otter trawl net—32.5m.
s 392CV ins 2019 SL No. 71
s 23
392CW
Minimum and maximum net mesh size
The mesh size of a net must be at least 38mm but no more than 60mm.
s 392CW ins 2019 SL No. 71
s 23
392CX
Maximum length of sweeps of net
Each sweep used on a net must be no longer than 3m.
s 392CX ins 2019 SL No. 71
s 23
392CY
Covering net
(1)
The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm but no more than 60mm.
(2)
The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.
s 392CY ins 2019 SL No. 71
s 23
392CZ
Use of chains for net
(1)
More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.
(2)
The links of the ground chain must not have a diameter of more than 10mm.
(3)
The links of the tickler chain must not have a diameter of more than—
(a)
if a ground chain is used—6mm; or
(b)
if something else is attached at 1 or more points to the bottom rope of an otter trawl net so that the thing is suspended below the bottom rope when the net is in use—10mm.
(4)
The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.
s 392CZ ins 2019 SL No. 71
s 23
392DA
Use of more than 1 net
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length for that type of net permitted under section 392CV.
s 392DA ins 2019 SL No. 71
s 23
392DB
Restriction on use of crab bag
A crab bag must not be used with a net unless the crab bag is a compliant crab bag.
s 392DB ins 2019 SL No. 71
s 23
392DC
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392DC ins 2019 SL No. 71
s 23
392DD
Maximum boat length
A primary boat longer than 14m must not be used.
s 392DD ins 2019 SL No. 71
s 23
392DE
Requirement to use BRD
A BRD must be used with a net, other than a try net, used under this division.
s 392DE ins 2019 SL No. 71
s 23
392DF
Requirement to use TED
A TED must be used with a net, other than a try net, used under this division.
s 392DF ins 2019 SL No. 71
s 23
392DG
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392DG ins 2019 SL No. 71
s 23
Division 2
Specific licence conditions for ‘T1’ licences
div hdg ins 2019 SL No. 71
s 23
392DH
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T1’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392DH ins 2019 SL No. 71
s 23
392DI
Area for ‘T1’ fishery symbol
The area for the ‘T1’ fishery symbol consists of the ‘T1’ area.
s 392DI ins 2019 SL No. 71
s 23
392DJ
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using beam trawl nets or otter trawl nets.
(2)
However, scallops may be taken only by using otter trawl nets.
(3)
A net must not be used unless—
(a)
the net and its use comply with this division; and
(b)
its primary purpose is to take principal fish.
s 392DJ ins 2019 SL No. 71
s 23
392DK
Maximum net and head rope lengths
(1)
In the following areas, a beam trawl net must be no longer than 10m and an otter trawl net must be no longer than 32.5m—
(a)
the Comboyuro Point to Caloundra Head area;
(b)
the Hervey Bay area;
(c)
the Facing Island area;
(d)
the Keppel Bay area;
(e)
the Repulse Bay area;
(f)
the Cleveland Bay area.
(2)
A net used in the Laguna Bay area must be no longer than 18.6m and have a head rope no longer than 8m.
(3)
A net used in the following waters must be no longer than 39m—
(a)
waters within the following boundary—
•
from latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton), along the mainland shore to latitude 16º28.93' south, longitude 145º28.00' east (Island Head Point)
•
to latitude 16º43.75' south, longitude 145º40.71' east (Double Island)
•
to latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton);
(b)
Etty Bay area regulated waters, within the following boundary—
•
from latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point)
•
along the shore of Etty Bay to latitude 17º33.33' south, longitude 146º05.42' east
•
to latitude 17º33.33' south, longitude 146º05.76' east
•
to latitude 17º33.72' south, longitude 146º05.85' east
•
to latitude 17º33.72' south, longitude 146º05.61' east
•
along the shore of Etty Bay to latitude 17º35.47' south, longitude 146º07.62' east (near Mourilyan Harbour)
•
to latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point).
(4)
A beam trawl net used in an area other than an area mentioned in subsection (1), (2) or (3) must be no longer than 40m.
(5)
An otter trawl net must—
(a)
for a net used in the deep water net area—be no longer than 184m; or
(b)
for a net used in an area other than the deep water net area or an area mentioned in subsection (1), (2) or (3)—
(i)
for the primary purpose of taking principal bugs or scallops—be no longer than 109m; or
(ii)
for the primary purpose of taking principal fish, other than principal bugs or scallops—be no longer than 88m.
s 392DK ins 2019 SL No. 71
s 23
392DL
Minimum and maximum net mesh size
(1)
A net used for the primary purpose of taking principal fish, other than principal bugs or scallops, must have—
(a)
for a net used in the following areas—a mesh size of at least 38mm but no more than 60mm—
(i)
the Comboyuro Point to Caloundra Head area;
(ii)
the Hervey Bay area;
(iii)
the Facing Island area;
(iv)
the Keppel Bay area;
(v)
the Repulse Bay area;
(vi)
the Cleveland Bay area;
(vii)
the deep water net area; or
(b)
for a net used in the Laguna Bay area—a mesh size of at least 28mm; or
(c)
for a net used in the east coast trawl fishery area, other than in an area mentioned in paragraph (a) or (b)—
(i)
a mesh size of at least 43mm but no more than 60mm; and
(ii)
a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.
(2)
A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.
s 392DL ins 2019 SL No. 71
s 23
392DM
Maximum length of sweeps of net
(1)
This section does not apply to the Laguna Bay area.
(2)
Each sweep used on a net must be no longer than—
(a)
if the net is used in the Hervey Bay area—3m; or
(b)
if the net is used in any other waters—10m.
s 392DM ins 2019 SL No. 71
s 23
392DN
Covering net
(1)
The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm but no more than 60mm.
(2)
The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.
s 392DN ins 2019 SL No. 71
s 23
392DO
Use of chains for net
(1)
More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.
(2)
The links of the ground chain must not have a diameter of more than—
(a)
if the net is used in the deep water net area—12mm; or
(b)
if the net is used in any other waters—10mm.
(3)
The links of the tickler chain must not have a diameter of more than—
(a)
if a ground chain is used—6mm; or
(b)
if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.
(4)
The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.
s 392DO ins 2019 SL No. 71
s 23
392DP
Use of more than 1 net or head rope
More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 392DK.
s 392DP ins 2019 SL No. 71
s 23
392DQ
Restriction on use of crab bag
A crab bag must not be used with a net unless the crab bag is a compliant crab bag.
s 392DQ ins 2019 SL No. 71
s 23
392DR
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392DR ins 2019 SL No. 71
s 23
392DS
Maximum boat length
A primary boat longer than 20m must not be used.
s 392DS ins 2019 SL No. 71
s 23
392DT
Requirement to use BRD
A BRD must be used with a net, other than a try net, used under this division.
s 392DT ins 2019 SL No. 71
s 23
392DU
Requirement to use TED
A TED must be used with a net, other than a try net, used under this division.
s 392DU ins 2019 SL No. 71
s 23
392DV
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392DV ins 2019 SL No. 71
s 23
Division 3
Specific licence conditions for ‘T2’ licences
div hdg ins 2019 SL No. 71
s 23
392DW
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T2’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392DW ins 2019 SL No. 71
s 23
392DX
Area for ‘T2’ fishery symbol
The area for the ‘T2’ fishery symbol consists of the ‘T2’ area.
s 392DX ins 2019 SL No. 71
s 23
392DY
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using otter trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392DY ins 2019 SL No. 71
s 23
392DZ
Maximum net length
(1)
A net used in the deep water net area must be no longer than 184m.
(2)
A net used in an area other than the deep water net area—
(a)
for the primary purpose of taking principal bugs or scallops—must be no longer than 109m; or
(b)
for the primary purpose of taking permitted fish, other than principal bugs or scallops—must be no longer than 88m.
s 392DZ ins 2019 SL No. 71
s 23
392EA
Minimum and maximum net mesh size
(1)
A net used for the primary purpose of taking permitted fish, other than principal bugs or scallops, must—
(a)
have a mesh size of at least 43mm but no more than 60mm; and
(b)
have a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.
(2)
A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.
s 392EA ins 2019 SL No. 71
s 23
392EB
Maximum length of sweeps of net
Each sweep used on a net must be no longer than 10m.
s 392EB ins 2019 SL No. 71
s 23
392EC
Covering net
(1)
The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—
(a)
if the net is used for the primary purpose of taking scallops or principal bugs—at least 75mm; or
(b)
if the net is used for the primary purpose of taking permitted fish, other than scallops or principal bugs—at least 38mm but no more than 60mm.
(2)
The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.
s 392EC ins 2019 SL No. 71
s 23
392ED
Use of chains for net
(1)
More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.
(2)
The links of the ground chain must not have a diameter of more than—
(a)
if the net is used in the deep water net area—12mm; or
(b)
if the net is used in any other waters—10mm.
(3)
The links of the tickler chain must not have a diameter of more than—
(a)
if a ground chain is used—6mm; or
(b)
if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.
(4)
The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.
s 392ED ins 2019 SL No. 71
s 23
392EE
Use of more than 1 net
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 392DZ for a net.
s 392EE ins 2019 SL No. 71
s 23
392EF
Restriction on use of crab bag
A crab bag must not be used with a net unless the crab bag is a compliant crab bag.
s 392EF ins 2019 SL No. 71
s 23
392EG
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392EG ins 2019 SL No. 71
s 23
392EH
Maximum boat length
A primary boat longer than 20m must not be used.
s 392EH ins 2019 SL No. 71
s 23
392EI
Requirement to use BRD
A BRD must be used with a net, other than a try net, used under this division.
s 392EI ins 2019 SL No. 71
s 23
392EJ
Requirement to use TED
A TED must be used with a net, other than a try net, used under this division.
s 392EJ ins 2019 SL No. 71
s 23
392EK
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392EK ins 2019 SL No. 71
s 23
Division 4
Specific licence conditions for ‘T5’ licences
div hdg ins 2019 SL No. 71
s 23
392EL
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T5’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392EL ins 2019 SL No. 71
s 23
392EM
Area for ‘T5’ fishery symbol
The area for the ‘T5’ fishery symbol consists of all tidal waters of the following—
(a)
the Brisbane River–Victoria Bridge to Juno Point area;
(b)
the Brisbane River mouth area–north;
(c)
the Brisbane River mouth area–south;
(d)
the Noosa River and lakes connected to the Noosa River;
(e)
the Laguna Bay area;
(f)
the Logan River area;
(g)
other rivers or creeks south of Double Island Point.
s 392EM ins 2019 SL No. 71
s 23
392EN
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using—
(a)
in the Laguna Bay area—otter trawl nets; or
(b)
in any other waters—beam trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392EN ins 2019 SL No. 71
s 23
392EO
Maximum net and head rope lengths
(1)
A beam trawl net used in the following areas must be no longer than 5m—
(a)
the Brisbane River–Victoria Bridge to Juno Point area;
(b)
the Brisbane River mouth area–north;
(c)
the Brisbane River mouth area–south;
(d)
the Noosa River and lakes connected to the Noosa River;
(e)
the Logan River area;
(f)
other rivers or creeks south of Double Island Point.
(2)
An otter trawl net used in the Laguna Bay area must be no longer than 18.6m and have a head rope no longer than 8m.
s 392EO ins 2019 SL No. 71
s 23
392EP
Minimum and maximum net mesh size
(1)
A net must have a mesh size of at least 28mm.
(2)
A net, other than a net used in the Noosa River and lakes connected to it or in the Laguna Bay area, must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.
s 392EP ins 2019 SL No. 71
s 23
392EQ
Covering net
(1)
The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 28mm.
(2)
The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.
s 392EQ ins 2019 SL No. 71
s 23
392ER
Use of more than 1 net or head rope
More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 392EO.
s 392ER ins 2019 SL No. 71
s 23
392ES
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392ES ins 2019 SL No. 71
s 23
392ET
Maximum boat length
A primary boat longer than 9m must not be used.
s 392ET ins 2019 SL No. 71
s 23
392EU
Requirement to use BRD
A BRD must be used with a net used under this division.
s 392EU ins 2019 SL No. 71
s 23
392EV
Requirement to use TED in Laguna Bay area
A TED must be used with a net used under this division in the Laguna Bay area.
s 392EV ins 2019 SL No. 71
s 23
392EW
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392EW ins 2019 SL No. 71
s 23
Division 5
Specific licence conditions for ‘T6’ licences
div hdg ins 2019 SL No. 71
s 23
392EX
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T6’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392EX ins 2019 SL No. 71
s 23
392EY
Area for ‘T6’ fishery symbol
The area for the ‘T6’ fishery symbol consists of all tidal waters of the following—
(a)
the Great Sandy Strait area;
(b)
the Hervey Bay area;
(c)
rivers and creeks between Double Island Point and the northern bank of the Burrum River.
s 392EY ins 2019 SL No. 71
s 23
392EZ
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using beam trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392EZ ins 2019 SL No. 71
s 23
392FA
Maximum net length
(1)
A net used in the Great Sandy Strait area or a river or creek must be no longer than 5m.
(2)
A net used in the Hervey Bay area must be no longer than 10m.
s 392FA ins 2019 SL No. 71
s 23
392FB
Minimum and maximum net mesh size
(1)
A net used in the Great Sandy Strait area or a river or creek must have a mesh size of at least 28mm.
(2)
A net used in the Hervey Bay area must have a mesh size of at least 38mm but no more than 60mm.
(3)
A net, other than a net used in the Hervey Bay area, must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.
s 392FB ins 2019 SL No. 71
s 23
392FC
Covering net
(1)
The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—
(a)
if the net is used in the Great Sandy Strait area or a river or creek—at least 28mm; or
(b)
if the net is used in the Hervey Bay area—at least 38mm but no more than 60mm.
(2)
The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.
s 392FC ins 2019 SL No. 71
s 23
392FD
Use of more than 1 net
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 392FA for a net.
s 392FD ins 2019 SL No. 71
s 23
392FE
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392FE ins 2019 SL No. 71
s 23
392FF
Maximum boat length
A primary boat longer than 9m must not be used.
s 392FF ins 2019 SL No. 71
s 23
392FG
Requirement to use BRD
A BRD must be used with a net used under this division.
s 392FG ins 2019 SL No. 71
s 23
392FH
Requirement to use TED other than in river or creek
A TED must be used with a net used under this division, other than in a river or creek.
s 392FH ins 2019 SL No. 71
s 23
392FI
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392FI ins 2019 SL No. 71
s 23
Division 6
Specific licence conditions for ‘T7’ licences
div hdg ins 2019 SL No. 71
s 23
392FJ
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T7’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392FJ ins 2019 SL No. 71
s 23
392FK
Area for ‘T7’ fishery symbol
The area for the ‘T7’ fishery symbol consists of all tidal waters of rivers and creeks between the northern bank of the Burrum River and Richards Point (Rodds Peninsula).
s 392FK ins 2019 SL No. 71
s 23
392FL
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using beam trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392FL ins 2019 SL No. 71
s 23
392FM
Maximum net length
A net must be no longer than 5m.
s 392FM ins 2019 SL No. 71
s 23
392FN
Minimum and maximum net mesh size
(1)
A net must have a mesh size of at least 28mm.
(2)
A net must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.
s 392FN ins 2019 SL No. 71
s 23
392FO
Covering net
(1)
The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 28mm.
(2)
The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.
s 392FO ins 2019 SL No. 71
s 23
392FP
Use of more than 1 net
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than 5m.
s 392FP ins 2019 SL No. 71
s 23
392FQ
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392FQ ins 2019 SL No. 71
s 23
392FR
Maximum boat length
A primary boat longer than 9m must not be used.
s 392FR ins 2019 SL No. 71
s 23
392FS
Requirement to use BRD
A BRD must be used with a net used under this division.
s 392FS ins 2019 SL No. 71
s 23
392FT
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392FT ins 2019 SL No. 71
s 23
Division 7
Specific licence conditions for ‘T8’ licences
div hdg ins 2019 SL No. 71
s 23
392FU
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T8’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392FU ins 2019 SL No. 71
s 23
392FV
Area for ‘T8’ fishery symbol
The area for the ‘T8’ fishery symbol consists of all tidal waters of the following—
(a)
the Facing Island area;
(b)
the Keppel Bay area;
(c)
the Fitzroy River mouth area;
(d)
rivers and creeks between Richards Point (Rodds Peninsula) and Reef Point, south of Townshend Island.
s 392FV ins 2019 SL No. 71
s 23
392FW
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using beam trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392FW ins 2019 SL No. 71
s 23
392FX
Maximum net length
(1)
A net used in the Fitzroy River mouth area or a river or creek must be no longer than 5m.
(2)
A net used in the Facing Island area or the Keppel Bay area must be no longer than 10m.
s 392FX ins 2019 SL No. 71
s 23
392FY
Minimum and maximum net mesh size
(1)
A net used in a river or creek must have a mesh size of at least 28mm.
(2)
A net used in the Fitzroy River mouth area must have a mesh size of at least 31mm.
(3)
A net used in the Facing Island area or the Keppel Bay area must have a mesh size of at least 38mm but no more than 60mm.
(4)
A net used in a river or creek must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.
s 392FY ins 2019 SL No. 71
s 23
392FZ
Covering net
(1)
The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—
(a)
if the net is used in a river or creek—at least 28mm; or
(b)
if the net is used in the Fitzroy River mouth area—at least 31mm; or
(c)
if the net is used in the Facing Island area or the Keppel Bay area—at least 38mm but no more than 60mm.
(2)
The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.
s 392FZ ins 2019 SL No. 71
s 23
392GA
Use of more than 1 net
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 392FX for a net.
s 392GA ins 2019 SL No. 71
s 23
392GB
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392GB ins 2019 SL No. 71
s 23
392GC
Maximum boat length
A primary boat longer than 9m must not be used.
s 392GC ins 2019 SL No. 71
s 23
392GD
Requirement to use BRD
A BRD must be used with a net used under this division.
s 392GD ins 2019 SL No. 71
s 23
392GE
Requirement to use TED other than in river or creek
A TED must be used with a net used under this division, other than in a river or creek.
s 392GE ins 2019 SL No. 71
s 23
392GF
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392GF ins 2019 SL No. 71
s 23
Division 8
Specific licence conditions for ‘T9’ licences
div hdg ins 2019 SL No. 71
s 23
392GG
Purpose and application of division
This division—
(a)
prescribes additional conditions to which a ‘T9’ licence is subject; and
(b)
applies to a person acting under the licence.
s 392GG ins 2019 SL No. 71
s 23
392GH
Area for ‘T9’ fishery symbol
The area for the ‘T9’ fishery symbol consists of all tidal waters of the following—
(a)
the Llewellyn Bay area;
(b)
the Repulse Bay area;
(c)
the Sinclair Bay area;
(d)
the Cleveland Bay area;
(e)
rivers and creeks that are part of the east coast trawl fishery area between Reef Point, south of Townshend Island, and the northern tip of Cape York Peninsula.
s 392GH ins 2019 SL No. 71
s 23
392GI
Permitted ways of taking permitted fish
(1)
Permitted fish may only be taken by using beam trawl nets.
(2)
A net must not be used unless the net and its use comply with this division.
s 392GI ins 2019 SL No. 71
s 23
392GJ
Maximum net length
(1)
A net used in a river or creek must be no longer than 5m.
(2)
A net used other than in a river or creek must be no longer than 10m.
s 392GJ ins 2019 SL No. 71
s 23
392GK
Minimum and maximum net mesh size
(1)
A net used in a river or creek must have a mesh size of at least 28mm.
(2)
A net used other than in a river or creek must have a mesh size of at least 38mm but no more than 60mm.
(3)
A net used in a river or creek must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.
s 392GK ins 2019 SL No. 71
s 23
392GL
Covering net
(1)
The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—
(a)
if the net is used in a river or creek—at least 28mm; or
(b)
if the net is used other than in a river or creek—at least 38mm but no more than 60mm.
(2)
The bottom half of a net, other than within 100 rows of mesh from its drawstring, must not be completely covered.
s 392GL ins 2019 SL No. 71
s 23
392GM
Use of more than 1 net
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 392GJ for a net.
s 392GM ins 2019 SL No. 71
s 23
392GN
Restrictions on use of nets with particular fishing apparatus or attachments
(1)
This section applies if a beam, otter board or trawl sled is used with a net.
(2)
The net may be used only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of nets that must not be used—
1
a net that uses a trawl sled that has spikes attached to its trawl shoe
2
a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
s 392GN ins 2019 SL No. 71
s 23
392GO
Maximum boat length
A primary boat longer than 9m must not be used.
s 392GO ins 2019 SL No. 71
s 23
392GP
Requirement to use BRD
A BRD must be used with a net used under this division.
s 392GP ins 2019 SL No. 71
s 23
392GQ
Requirement to use TED other than in river or creek
(1)
A TED must be used with a net used under this division, other than in a river or creek.
(2)
However, a net used under this division may be used without a TED if—
(a)
the boat from which the net is used—
(i)
is no longer than 6.7m; and
(ii)
has an outboard engine with no more than 90kW of power; and
(b)
the net—
(i)
is used in water shallower than 3m; and
(ii)
remains in the water for no more than 25 minutes; and
(iii)
is used only by hand, without any equipment to assist in its use.
s 392GQ ins 2019 SL No. 71
s 23
392GR
Possession of particular fishing apparatus or attachments
(1)
A person may possess a beam, otter board or trawl sled used with a net only if—
(a)
the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and
(b)
no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.
Examples of trawl sleds a person may not possess—
1
a trawl sled that has spikes attached to its trawl shoe
2
a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe
(2)
A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.
s 392GR ins 2019 SL No. 71
s 23
Part 10
Additional licence conditions
pt hdg ins 2019 SL No. 71
s 23
392GS
Restrictions on processing scallops on commercial fishing boat
(1)
This section prescribes additional conditions to which a ‘T1’ licence is subject.
(2)
This section applies to the extent that processing a scallop involves more than sorting the scallop or removing half of the shell of the scallop.
(3)
A person (the processor) may process a scallop on a commercial fishing boat used under the licence only if—
(a)
the processing takes place in waters mentioned in schedule 10D; and
(b)
the person in control of the boat is a commercial fisher; and
(c)
the processor is—
(i)
a commercial fisher or assistant fisher; or
(ii)
the ‘T1’ licence holder.
s 392GS ins 2019 SL No. 71
s 23
Chapter 8
Commercial line fisheries
Part 1
Line fishery (other than Great Barrier Reef region) (‘L1’)
393
What is the line fishery (other than Great Barrier Reef region)
The line fishery (other than Great Barrier Reef region) is activities by way of fishing—
(a)
in the fishery area mentioned in section 395; and
(b)
under the authorisations and conditions stated in this part.
394
Fishery symbol
The fishery symbol for the fishery is ‘L1’.
Note—
See also section 591D
(a).
s 394 amd 2015 SL No. 12
s 16
395
Fishery area
The fishery area consists of the area of tidal waters south of latitude 24º30' south.
s 395 amd 2016 SL No. 74
s 3
sch 1
396
What fish may be taken
Fin fish, other than spanish mackerel or regulated coral reef fin fish, may be taken under the licence.
397
Permitted ways of taking fin fish
(1)
Fin fish may only be taken by using fishing lines.
(2)
A person must not use more than 3 fishing lines at a time.
(3)
The total number of hooks or lures attached to the lines must not be more than 6.
Example—
A person might use—
(a)
1 fishing line with 6 hooks attached to it; or
(b)
3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.
398
Use of primary boats
A primary boat must not be longer than 20m.
399
Use of tender boats
A tender boat must not be used more than 5n miles from its primary boat.
400
Permitted distance for an assistant fisher to be under direction
If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 5n miles.
400A
Compliance with vessel tracking standard
s 400A ins 2018 SL No. 179
s 5
om 2019 SL No. 71
s 59
sch 1
Part 2
Line fishery (reef) (‘L2’, ‘L3’)
401
What is the line fishery (reef)
The line fishery (reef) is activities by way of fishing—
(a)
in the fishery area mentioned in section 403; and
(b)
under the authorisations and conditions stated in this part.
402
Fishery symbols
The fishery symbols for the fishery are ‘L2’ or ‘L3’.
Note—
See also section 591D
(b).
s 402 amd 2015 SL No. 12
s 17
403
Fishery area
The fishery area consists of the area of all tidal waters within the following boundary—
•
from the northern tip of Cape York along latitude 10º41' south, to longitude 145º east
•
to latitude 13º south, longitude 145º east
•
to latitude 15º south, longitude 146º east
•
to latitude 17º30' south, longitude 147º east
•
to latitude 21º south, longitude 152º55' east
•
to latitude 24º30' south, longitude 154º east
•
along latitude 24º30' south to the mainland shore
•
along the shore to the northern tip of Cape York at latitude 10º41' south.
s 403 amd 2016 SL No. 74
s 3
sch 1
404
What fish may be taken
Fin fish, other than barramundi, spanish mackerel or regulated coral reef fin fish, may be taken under the licence.
405
Permitted ways of taking fin fish
(1)
Fin fish may only be taken by using fishing lines.
(2)
A person must not use more than 3 fishing lines at a time.
(3)
The total number of hooks or lures attached to the lines must not be more than 6.
Example—
A person might use—
(a)
1 fishing line with 6 hooks attached to it; or
(b)
3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.
406
Use of primary boats
A primary boat must not be longer than 20m.
407
Use of tender boats
(1)
A tender boat must not be used further than 5n miles from its primary boat.
(2)
Subsection (1) does not apply if the tender boat and its primary boat are located on the same reef.
408
Permitted distance for an assistant fisher to be under direction
(1)
If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 5n miles.
(2)
However, any distance is permitted if the boats are located on the same reef.
408A
s 408A ins 2018 SL No. 179
s 6
om 2019 SL No. 71
s 59
sch 1
Part 3
Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) (‘L4’)
pt hdg amd 2009 SL No. 61
s 23
409
What is the line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish)
The line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) is activities by way of fishing—
(a)
in the fishery area mentioned in section 411; and
(b)
under the authorisations and conditions stated in this part.
s 409 amd 2009 SL No. 61
s 24
410
Fishery symbol
The fishery symbol for the fishery is ‘L4’.
411
Fishery area
The fishery area consists of the area of all tidal waters in the Gulf of Carpentaria south of latitude 10º48' south.
s 411 amd 2009 SL No. 61
s 25; 2016 SL No. 74
s 3
sch 1
412
What fish may be taken
Fin fish, other than the following fish, may be taken under the licence—
(a)
barramundi;
(b)
black jewfish;
(c)
blue threadfin;
(d)
giant queenfish;
(e)
king threadfin;
(f)
scaly jewfish;
(g)
silver javelin.
s 412 amd 2008 SL No. 448
s 40; 2009 SL No. 61
s 26
413
Permitted ways of taking fin fish
(1)
Fish may only be taken by using fishing lines.
(2)
A person must not use more than 3 fishing lines at a time.
(3)
The total number of hooks or lures attached to the lines must not be more than 6.
Example—
A person might use—
(a)
1 fishing line with 6 hooks attached to it; or
(b)
3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.
414
Use of primary boats
A primary boat must not be longer than 20m.
415
Use of tender boats
A tender boat must not be used more than 10n miles from its primary boat.
416
Permitted distance for an assistant fisher to be under direction
If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 10n miles.
417
s 417 orig s 417 om 2012 SL No. 252
s 14
prev s 417 ins 2018 SL No. 179
s 7
om 2019 SL No. 71
s 59
sch 1
Part 4
LINE FISHERY (SOUTH QUEENSLAND) (‘L6’, ‘L7’)
pt hdg om 2012 SL No. 252
s 14
418
s 418 om 2012 SL No. 252
s 14
419
s 419 om 2012 SL No. 252
s 14
420
s 420 om 2012 SL No. 252
s 14
421
s 421 om 2012 SL No. 252
s 14
422
s 422 om 2012 SL No. 252
s 14
423
s 423 om 2012 SL No. 252
s 14
424
s 424 om 2012 SL No. 252
s 14
Part 5
Line fishery (multiple hook—east coast) (‘L8’)
425
What is the line fishery (multiple hook—east coast)
The line fishery (multiple hook—east coast) is activities by way of fishing—
(a)
in the fishery area mentioned in section 427; and
(b)
under the authorisations and conditions stated in this part.
426
Fishery symbol
The fishery symbol for the fishery is ‘L8’.
Note—
See also section 591D
(c).
s 426 amd 2015 SL No. 12
s 18
427
Fishery area
The fishery area consists of the area of all tidal waters deeper than 200m that are east of longitude 142º31'49" east and the 200m bathometric line.
s 427 amd 2016 SL No. 74
s 3
sch 1
428
What fish may be taken
Fin fish, other than barramundi, snapper, spanish mackerel or regulated coral reef fin fish, may be taken under the licence.
429
Permitted ways of taking fin fish
(1)
Fin fish may only be taken by using—
(a)
a line that is weighted so the line is vertical while it is being used in water (a drop line); or
(b)
a bottom set line.
(2)
A person must be within 100m of a line or group of lines while they are in use.
(3)
A bottom set line and a drop line must not be used at the same time.
s 429 amd 2010 SL No. 164
s 48; 2011 SL No. 236
s 11
430
Use of drop lines
(1)
A drop line must not have more than 50 hooks attached to it.
(2)
No more than 6 drop lines may be used at a time.
(3)
Each drop line must have attached to it a light coloured float that is at least 30cm in any dimension.
s 430 amd 2019 SL No. 71
s 59
sch 1
431
Use of bottom set lines
(1)
A bottom set line must not have more than 300 hooks attached to it.
(2)
No more than 3 bottom set lines may be used at a time.
(3)
However, if more than 1 bottom set line is used, the combined number of hooks on the lines must not be more than 300.
(4)
Each end of a bottom set line must have attached to it a light coloured float that is at least 30cm in any dimension.
s 431 amd 2019 SL No. 71
s 59
sch 1
432
Use of primary boats
A primary boat must not be longer than 20m.
433
Use of tender boats
A tender boat must not be used more than 800m from its primary boat.
434
Permitted distance for an assistant fisher to be under direction
If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 800m.
434A
s 434A ins 2018 SL No. 179
s 8
om 2019 SL No. 71
s 59
sch 1
Chapter 9
Commercial net fisheries
Part 1
General netting and ocean beach fisheries (‘K1’ to ‘K8’)
pt hdg sub 2008 SL No. 448
s 41
Division 1
Net fishery (general netting and ocean beach—area 1) (‘K1’)
div hdg sub 2008 SL No. 448
s 41
435
What is the net fishery (general netting and ocean beach—area 1)
The net fishery (general netting and ocean beach—area 1) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 437 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 435 sub 2008 SL No. 448
s 41
436
Fishery symbol
The fishery symbol for the fishery is ‘K1’.
437
Fishery area
The fishery area under section 435
(a) consists of the area of all tidal waters within 400m of a line—
•
from a point on the shore at the State’s border with New South Wales along the shore to the seaward tip of the southern breakwater wall of the Gold Coast Seaway
•
to the seaward tip of the northern breakwater wall of the Gold Coast Seaway
•
along South Stradbroke Island’s eastern shore to 1km north of the northern breakwater wall of the Gold Coast Seaway on South Stradbroke Island.
s 437 amd 2008 SL No. 448
s 42; 2016 SL No. 74
s 3
sch 1
Division 2
Net fishery (general netting and ocean beach—area 2) (‘K2’)
div hdg sub 2008 SL No. 448
s 43
438
What is the net fishery (general netting and ocean beach—area 2)
The net fishery (general netting and ocean beach—area 2) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 440 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 438 sub 2008 SL No. 448
s 43
439
Fishery symbol
The fishery symbol for the fishery is ‘K2’.
440
Fishery area
The fishery area under section 438
(a) consists of the area of all tidal waters within 400m of a line—
•
from a point on the shore 1km south of the southern breakwater wall of the Gold Coast Seaway along the shore to the seaward tip of the breakwater wall
•
to the seaward tip of the northern breakwater wall of the Gold Coast Seaway
•
along South Stradbroke Island’s eastern shore to the island’s north eastern tip.
s 440 amd 2008 SL No. 448
s 44; 2016 SL No. 74
s 3
sch 1
Division 3
Net fishery (general netting and ocean beach—area 3) (‘K3’)
div hdg sub 2008 SL No. 448
s 45
441
What is the net fishery (general netting and ocean beach—area 3)
The net fishery (general netting and ocean beach—area 3) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 443 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 441 sub 2008 SL No. 448
s 45
442
Fishery symbol
The fishery symbol for the fishery is ‘K3’.
443
Fishery area
The fishery area under section 441
(a) consists of the area of all tidal waters within 400m of a line—
•
from North Stradbroke Island’s south-eastern tip
•
along North Stradbroke Island’s eastern and northern shores to the island’s north-western tip.
s 443 amd 2008 SL No. 448
s 46; 2009 SL No. 176
s 19; 2016 SL No. 74
s 3
sch 1
Division 4
Net fishery (general netting and ocean beach—area 4) (‘K4’)
div hdg sub 2008 SL No. 448
s 47
444
What is the net fishery (general netting and ocean beach—area 4)
The net fishery (general netting and ocean beach—area 4) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 446 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 444 sub 2008 SL No. 448
s 47
445
Fishery symbol
The fishery symbol for the fishery is ‘K4’.
446
Fishery area
The fishery area under section 444
(a) consists of the area of all tidal waters within 400m of a line from the southern tip of Moreton Island along the island’s eastern and northern shores to Comboyuro Point.
s 446 amd 2008 SL No. 448
s 48; 2016 SL No. 74
s 3
sch 1
Division 5
Net fishery (general netting and ocean beach—area 5) (‘K5’)
div hdg sub 2008 SL No. 448
s 49
447
What is the net fishery (general netting and ocean beach—area 5)
The net fishery (general netting and ocean beach—area 5) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 449 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 447 sub 2008 SL No. 448
s 49
448
Fishery symbol
The fishery symbol for the fishery is ‘K5’.
449
Fishery area
The fishery area under section 447
(a) consists of the area of all tidal waters within 400m of a line—
•
from the F↑B sign at the southern end of South Esplanade, Bongaree, Bribie Island
•
along Bribie Island’s western, southern and eastern shores to latitude 26º49.5' south where it intersects the eastern shore of Bribie Island.
s 449 amd 2008 SL No. 448
s 50; 2016 SL No. 74
s 3
sch 1
Division 6
Net fishery (general netting and ocean beach—area 6) (‘K6’)
div hdg sub 2008 SL No. 448
s 51
450
What is the net fishery (general netting and ocean beach—area 6)
The net fishery (general netting and ocean beach—area 6) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 452 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 450 sub 2008 SL No. 448
s 51
451
Fishery symbol
The fishery symbol for the fishery is ‘K6’.
452
Fishery area
The fishery area under section 450
(a) consists of the area of all tidal waters within 400m of a line—
•
from latitude 26º48.38' south, longitude 153º08.36' east (the groyne at the southern end of Kings Beach)
•
along the shore to the eastern tip of Point Cartwright.
s 452 amd 2009 SL No. 61
s 27; 2008 SL No. 448
s 52; 2016 SL No. 74
s 3
sch 1
Division 7
Net fishery (general netting and ocean beach—area 7) (‘K7’)
div hdg sub 2008 SL No. 448
s 53
453
What is the net fishery (general netting and ocean beach—area 7)
The net fishery (general netting and ocean beach—area 7) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 455 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 453 sub 2008 SL No. 448
s 53
454
Fishery symbol
The fishery symbol for the fishery is ‘K7’.
455
Fishery area
The fishery area under section 453
(a) consists of the area of all tidal waters within 400m of a line from the eastern tip of Point Cartwright along the shore to the eastern tip of Noosa Heads.
s 455 amd 2008 SL No. 448
s 54; 2016 SL No. 74
s 3
sch 1
Division 8
Net fishery (general netting and ocean beach—area 8) (‘K8’)
div hdg sub 2008 SL No. 448
s 55
456
What is the net fishery (general netting and ocean beach—area 8)
The net fishery (general netting and ocean beach—area 8) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 458 under the authorisations and conditions stated in division 9;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 456 sub 2008 SL No. 448
s 55
457
Fishery symbol
The fishery symbol for the fishery is ‘K8’.
458
Fishery area
The fishery area under section 456
(a) consists of the area of all tidal waters within 400m of—
(a)
a line—
(i)
from the eastern tip of Noosa Heads along the shore to the eastern tip of Inskip Point; and
(ii)
then to the southern tip of Fraser Island; and
(iii)
then along Fraser Island’s eastern shore to the island’s northern tip; and
(b)
the shore of Breaksea Spit.
s 458 amd 2008 SL No. 448
s 56; 2011 SL No. 224
s 23; 2012 SL No. 252
s 15; 2016 SL No. 74
s 3
sch 1
Division 9
Authorisations and conditions of licences for ocean beach fisheries
459
Application of div 9
(1)
This division applies to a licence under which fish may be taken in a commercial fishery under part 1.
(2)
However, if fish are taken under part 2, the authorisations and conditions under part 2 apply to the licence instead of this division.
s 459 sub 2008 SL No. 448
s 57
460
What fish may be taken
Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.
s 460 amd 2008 SL No. 156
s 2 sch; 2019 SL No. 71
s 59
sch 1
461
Who may take fish
(1)
Subject to subsections (2) and (3), fish may be taken only by—
(a)
a commercial fisher; and
(b)
at least 2, but no more than 4, assistant fishers.
(2)
Subsection (3) applies, if—
(a)
fish are taken by 2 or more commercial fishers jointly using 1 or more primary boats and seine nets; and
(b)
each of the primary boats may be used in the fishery under a commercial fishing boat licence.
(3)
The maximum number of assistant fishers is 4 for each commercial fisher.
462
Permitted ways of taking fish
Fish may only be taken by using seine nets.
463
Fishery period
Fish may only be taken from 1 April to 31 August.
464
Use of seine nets in original fishery area
A seine net may be used in an original ocean beach fishery area only if the net—
(a)
is no longer than 500m; and
(b)
has—
(i)
a mesh size of at least 12mm but no more than 70mm; and
(ii)
a drop of at least 150 meshes for at least half of its length.
s 464 amd 2008 SL No. 448
s 58
465
Use of primary boats
A primary boat must not be longer than 14m.
466
Use of tender boats
A tender boat must not be used more than 800m from its primary boat.
467
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.
467A
s 467A ins 2018 SL No. 179
s 9
om 2019 SL No. 71
s 59
sch 1
Part 2
Net fishery (east coast no. 1) (‘K1’–‘K8’, ‘N1’, ‘N2’, ‘N4’, ‘N10’)
pt hdg sub 2008 SL No. 448
s 59
Division 1
Definition
468
What is the net fishery (east coast no. 1)
The net fishery (east coast no. 1) is activities by way of fishing—
(a)
in the fishery area mentioned in section 470; and
(b)
under the authorisations and conditions stated in this part.
Note—
The fishery area and authorisations and conditions are also applied under the following commercial fisheries—
•
the general netting and ocean beach fisheries under sections 435, 438, 441, 444, 447, 450, 453 and 456
•
the net fishery east coast (no. 2) under section 493
•
the net fishery east coast (no. 3) under section 508
•
the net fishery east coast (no. 4) under section 522.
s 468 amd 2008 SL No. 448
s 60
Division 2
Fishery symbols and area
div hdg sub 2008 SL No. 448
s 61
469
Fishery symbols
The fishery symbols for the fishery are ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N1’, ‘N2’, ‘N4’ or ‘N10’.
s 469 sub 2008 SL No. 448
s 61
470
Fishery area
The fishery area consists of the area of all tidal waters east of longitude 142º31'49'' east, other than tidal waters of waterways that flow to the sea west of longitude 142º31'49'' east.
s 470 sub 2008 SL No. 448
s 61
amd 2016 SL No. 74
s 3
sch 1
Division 3
Taking fish
471
What fish may be taken
Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.
s 471 amd 2008 SL No. 156
s 2 sch; 2019 SL No. 71
s 59
sch 1
472
Permitted ways of taking fish
(1)
Fish may be taken only by using—
(a)
mesh nets in the way stated in divisions 4, 5 and 7; or
(b)
set pocket nets in the way stated in division 6.
(2)
Unless otherwise stated in this part, a net that is neither fixed nor hauled must not be used, and a set mesh net must not be set—
(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 net may be used at a time to take fish.
(4)
Despite subsection (3), a single net may be split into 2 or more pieces after the fish are taken, to remove the fish from the 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.
s 472 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 62
Division 4
Use of mesh or seine nets in particular areas within the fishery area
473
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 only be used to take prawns in the lake.
s 473 amd 2008 SL No. 448
s 63
474
Use of mesh nets in Lakes Cootharaba, Cooroibah and Weyba
A mesh net may be used in Lake Cootharaba, Cooroibah or Weyba only if it is no longer than 1,500m and has a mesh size of at least 50mm but no more than 175mm.
s 474 amd 2008 SL No. 448
s 64
475
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 only be used to take prawns in the waters.
s 475 amd 2008 SL No. 448
s 65
476
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.
(3)
A back net may be used with a general purpose mesh net if it has a mesh size of no less than 25mm and no more than 50mm.
(4)
Despite subsection (2), a general purpose mesh net must not be used in an original ocean beach fishery area from 1 April to 31 August.
s 476 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 66
amd 2014 SL No. 69
s 9
476A
Use of mesh and seine nets south of Baffle Creek
(1)
A mesh net or seine net may be used in a river or creek south of the northern bank of Baffle Creek only if—
(a)
for a 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; or
(b)
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.
(2)
Despite subsection (1), a mesh net or seine net must not be used in a river or creek in an original ocean beach fishery area from 1 April to 31 August.
s 476A ins 2014 SL No. 69
s 10
477
Use of general purpose mesh nets north of Baffle Creek
(1)
This section applies for using a general purpose mesh net in waters north 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 400m; and
(b)
has a mesh size of at least 50mm but no more than 165mm.
(3)
From midday on 1 November to midday on 1 February a general purpose mesh net may be used in a waterway or in nearshore waters only if it has a mesh size of at least 50mm but no more than 115mm.
s 477 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 66
478
Use of mesh or seine nets north of Baffle Creek
s 478 amd 2008 SL No. 156
s 2 sch
om 2008 SL No. 448
s 66
479
Use of nets that are neither fixed nor hauled in offshore waters of Keppel Bay
(1)
This section applies for using a net that is neither fixed nor hauled in offshore waters in Keppel Bay west of a line from Cape Capricorn to Water Park Point.
(2)
If all of the net is used within the waters, the net must—
(a)
be no longer than 200m; and
(b)
have a mesh size of at least 160mm but no more than 165mm.
s 479 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 67 (amd 2009 SL No. 114
s 12)
480
Use of nets that are neither fixed nor hauled in offshore waters—generally
(1)
This section applies for using a net that is neither fixed nor hauled in offshore waters, other than the waters mentioned in section 479.
(2)
If all of the 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.
(3)
The net must not be used in—
(a)
the waters north of Cape Flattery from midday 1 November to midday 1 February; or
(b)
an original ocean beach fishery area from 1 April to 31 August.
s 480 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 68 (amd 2009 SL No. 114
s 13)
481
Use of general purpose mesh nets in nearshore waters
Both ends of a general purpose mesh net may be fixed for no more than 2 hours if—
(a)
the net has a mesh size of at least 50mm but no more than 115mm; 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.
s 481 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 68
482
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.
s 482 sub 2008 SL No. 448
s 68; 2011 SL No. 224
s 24
amd 2012 SL No. 252
s 16
Division 5
Use of set mesh nets in particular areas within the fishery area
div hdg sub 2008 SL No. 448
s 68
483
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 the net—
(a)
is no longer than 600m; and
(b)
has a mesh size of at least 100mm but no more than 165mm; and
(c)
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)
Despite subsection (1), the net must not be used in an original ocean beach fishery area from 1 April to 31 August.
s 483 sub 2008 SL No. 448
s 68
484
Use of set mesh nets in offshore waters of Keppel Bay
A set mesh net may be used in offshore waters of Keppel Bay west of a line from Water Park Point to Cape Capricorn only—
(a)
if the net—
(i)
is no longer than 200m; and
(ii)
has a mesh size of at least 160mm but no more than 165mm; 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.
s 484 sub 2008 SL No. 448
s 68
485
Use of set mesh nets in offshore waters north of Baffle Creek
(1)
This section applies for using a set mesh net in offshore waters north of Baffle Creek, other than the waters mentioned in section 484.
(2)
A set mesh net may be used in the waters only if—
(a)
the net—
(i)
is no longer than 600m; and
(ii)
has a mesh size of at least 160mm but no more than 165mm; 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.
(3)
Despite subsection (2), a set mesh net must not be used in waters north of Cape Flattery from midday 1 November to midday 1 February.
s 485 sub 2008 SL No. 448
s 68
486
Use of set mesh nets in offshore waters
s 486 om 2008 SL No. 448
s 68
Division 6
Use of set pocket nets in particular areas within the fishery area
487
Use of set pocket nets in rivers
(1)
A set pocket net may be used in the following waters only if it is no longer than 10m and has a mesh size of at least 25mm—
(a)
the Fitzroy, Kolan, Burnett, Albert and Logan rivers;
(b)
the following waters of the Mary River—
(i)
the waters between longitude 152º46.22' east and the Old Bruce Highway Bridge;
(ii)
the waters between the lines between the following places marked by F↑B signs—
•
longitude 152º46.67' east on the northern bank and longitude 152º46.83' east on the southern bank
•
longitude 152º51.74' east on the northern bank (near ‘Tandora’) and longitude 152º51.71' east on the shore of Crab Island (Meteor Point)
•
longitude 152º51.62' east on the shore of Crab Island and longitude 152º51.95' east on the southern bank.
(2)
However, a set pocket net may only be used to take prawns in the waters.
(3)
A set pocket net must not be set within 20m of a jetty or wharf or 100m of another net that is in use.
(4)
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.
(5)
The closed end of the pocket of a set pocket net must be marked on the surface of the water by a yellow float that is at least 8cm in any dimension.
(6)
A person using a set pocket net is not required to be within 100m of it.
(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.
s 487 amd 2008 SL No. 448
s 69; 2019 SL No. 71
s 59
sch 1
Division 7
Other conditions
div hdg prev div 7 hdg om 2008 SL No. 448
s 70
pres div 7 hdg (prev div 8 hdg) renum 2008 SL No. 448
s 71
488
Use of tunnel nets
s 488 om 2008 SL No. 448
s 70
489
Use of primary boats
(1)
A primary boat must not be longer than 14m.
(2)
Despite subsection (1), section 517 applies if the fishery symbol ‘N4’ is written on the licence.
s 489 sub 2008 SL No. 448
s 72 (amd 2009 SL No. 114
s 14)
490
Use of tender boats
A tender boat must not be used more than 800m from its primary boat.
s 490 amd 2008 SL No. 448
s 73
491
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.
s 491 sub 2008 SL No. 448
s 74
492
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 white float—
(i)
at least 15cm in any dimension; and
(ii)
with either the commercial fisher’s name or the primary boat mark 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)
light coloured floats, each not 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 reflectorised float, at least 15cm in any dimension, at the other end of the net;
(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 any direction from the light, at both ends of the net.
s 492 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 74
amd 2012 SL No. 252
s 17; 2019 SL No. 71
s 59
sch 1
492A
s 492A ins 2018 SL No. 179
s 10
om 2019 SL No. 71
s 59
sch 1
Part 3
Net fishery (east coast no. 2) (‘N2’)
pt hdg sub 2008 SL No. 448
s 75
493
What is the net fishery (east coast no. 2)
The net fishery (east coast no. 2) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 495 under the authorisations and conditions stated in this part;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.
s 493 sub 2008 SL No. 448
s 75
494
Fishery symbol
The fishery symbol for the fishery is ‘N2’.
495
Fishery area
The fishery area under section 493
(a) consists of the area of all tidal waters east of longitude 142º31'49'' east and north of the southern bank of Kauri Creek, other than tidal waters of waterways that flow to the sea west of longitude 142º31'49'' east.
s 495 sub 2008 SL No. 448
s 76
amd 2016 SL No. 74
s 3
sch 1
496
What fish may be taken
Any fish, other than regulated coral reef fin fish, may be taken under the licence.
s 496 amd 2008 SL No. 156
s 2 sch; 2008 SL No. 314
s 22; 2019 SL No. 71
s 59
sch 1
497
Permitted ways of taking fish
(1)
Fish may only be taken using set mesh nets.
(2)
Unless otherwise stated in this part, a set mesh net must not be set within 100m of another net that is being used.
(3)
Despite subsection (2), a person using more than 1 set mesh net, other than in a river or creek, may set the nets within 100m of each other.
(4)
Unless otherwise stated in this part, a person using the net must not be more than 800m from the net or, if more than one net is set, within 800m of the first or last net or between the nets.
s 497 sub 2008 SL No. 448
s 77
497A
Use of set mesh nets in nearshore waters between Burnett River and Baffle Creek
(1)
A set mesh net may be used in nearshore waters between the northern bank of the Burnett River and the northern bank of Baffle Creek only if the net—
(a)
is no longer than 120m; and
(b)
has—
(i)
a mesh size of at least 100mm but no more than 215mm; and
(ii)
a drop of no more than 50 meshes.
(2)
A set mesh net must not be used within 400m of a jetty or wharf.
(3)
A set mesh net must not be used from midday on 1 September to midday on 1 February.
s 497A ins 2008 SL No. 448
s 77
amd 2016 SL No. 193
s 21
498
Use of set mesh nets in nearshore waters between Baffle Creek and Cape Flattery
(1)
A set mesh net may be used in nearshore waters between the northern bank of Baffle Creek and Cape Flattery.
(2)
No part of a set mesh net used in nearshore waters around Girt Island may be more than 1km from the shore of Girt Island at low water.
(3)
A set mesh net used in any nearshore waters in the fishery area must have 1 part of the net in nearshore waters or on a foreshore while the net is being used.
(4)
A set mesh net must be no longer than 600m and must have a mesh size of at least 100mm but no more than 215mm.
(5)
However, if a set mesh net is used from midday 1 November to midday 1 February in nearshore waters north of the northern bank of St. Lawrence Creek, the mesh size of the net must not be more than 115mm.
(6)
A person may set up to 3 set mesh nets if their combined length is no more than 600m and the distance between the first and last net is no more than 1n mile.
(7)
A set mesh net must not be set within 400m of a jetty, wharf or another net that is being used.
s 498 sub 2008 SL No. 448
s 77
amd 2016 SL No. 193
s 22
499
Use of set mesh nets in rivers and creeks between Kauri Creek and Cape Flattery
(1)
A set mesh net may be used in rivers and creeks between the southern bank of Kauri Creek and Cape Flattery only if the net—
(a)
is no longer than 120m; and
(b)
has—
(i)
a mesh size of at least 150mm but no more than 215mm; and
(ii)
a drop of no more than 50 meshes.
(2)
A set mesh net must not be used within 400m of a jetty or wharf.
(3)
No more than 3 set mesh nets may be set if their combined length is no more than 360m and the distance between the first and last net is no more than 1n mile.
(4)
A set mesh net must not be used from midday 1 November to midday 1 February in rivers and creeks north of the northern bank of Baffle Creek.
(5)
Despite subsection (1)
(b)
(i), from midday 1 May to midday 31 August, 1 (but no more than 1) of the set mesh nets used under this section may have a mesh size of at least 125mm but no more than 215mm.
s 499 amd 2008 SL No. 448
s 78
500
Use of mesh nets in offshore waters between Baffle Creek and Cape Flattery
s 500 amd 2008 SL No. 156
s 2 sch
om 2008 SL No. 448
s 79
501
Use of set mesh nets in offshore waters between Baffle Creek and Cape Flattery
s 501 om 2008 SL No. 448
s 79
502
Use of set mesh nets in rivers and creeks north of Cape Flattery
(1)
A set mesh net may be used in rivers and creeks north of Cape Flattery only if the net—
(a)
is no longer than 120m; and
(b)
has a mesh size of at least 150mm but no more than 215mm and a drop of no more than 50 meshes.
(2)
No more than 6 set mesh nets may be set if their combined length is no more than 360m and the distance between the first and last net is no more than 1n mile.
(3)
A set mesh net must not be used within 400m of a jetty or wharf.
(4)
A set mesh net must not be used from midday on 1 November to midday on 1 February.
s 502 amd 2008 SL No. 448
s 80
503
Use of set mesh nets in nearshore waters north of Cape Flattery
(1)
A set mesh net may be used in nearshore waters north of Cape Flattery only if it is no longer than 600m and has a mesh size of at least 150mm but no more than 215mm.
(2)
A part of the set mesh net must be in nearshore waters or on a foreshore while the net is being used.
(3)
No more than 6 mesh nets may be set if their combined length is no more than 600m and the distance between the first and last net is no more than 1n mile.
(4)
A set mesh net must not be used within 400m of a jetty or wharf.
(5)
A set mesh net must not be used from midday on 1 November to midday on 1 February.
s 503 sub 2008 SL No. 448
s 81
amd 2016 SL No. 193
s 23
504
Use of primary boats
(1)
A primary boat must not be longer than 14m.
(2)
Despite subsection (1), section 517 applies if the fishery symbol ‘N4’ is written on the licence.
s 504 amd 2009 SL No. 114
s 23
505
Use of tender boats
(1)
A tender boat must not be used more than 800m from its primary boat.
(2)
However, if more than 1 net is used, a tender boat may be used within 800m of the first or last net or between the nets.
(3)
Subsection (2) only applies if the primary boat is also within 800m of the first or last net or between the nets.
506
Permitted distance for an assistant fisher to be under direction
(1)
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.
(2)
However, if more than 1 net is used, the assistant fisher is taken to be within the permitted distance if the fisher is within 800m of the first or last net or between the nets.
(3)
Subsection (2) only applies if the commercial fisher is also within 800m of the first or last net or between the nets.
507
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 white float—
(i)
at least 15cm in any dimension; and
(ii)
with either the commercial fisher’s name or the primary boat mark written on it at the end of the net farthest from the shore.
(2)
A set mesh net used at night must also be marked by—
(a)
if the combined length of the net and equipment used in setting it is no more than 50m—
(i)
a white light, visible at least 400m in all directions from the light, at its end farthest from the shore; and
(ii)
a reflectorised float, at least 15cm in any dimension, at the end of the net nearest the shore; and
(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 any direction from the light, at both ends of the net.
s 507 amd 2012 SL No. 252
s 18; 2019 SL No. 71
s 59
sch 1
507AA
s 507AA ins 2018 SL No. 179
s 11
om 2019 SL No. 71
s 59
sch 1
Part 3A
Net fishery (Gulf of Carpentaria no. 1) (‘N3’)
pt hdg ins 2011 SL No. 236
s 12
Division 1
Definition
div 1 (s 507A) ins 2011 SL No. 236
s 12
507A
What is the net fishery (Gulf of Carpentaria no. 1)
The net fishery (Gulf of Carpentaria no. 1) is activities by way of fishing—
(a)
in the fishery area mentioned in section 507C; and
(b)
under the authorisations and conditions stated in this part.
div 1 (s 507A) ins 2011 SL No. 236
s 12
Division 2
Fishery symbol and area
div 2 (ss 507B–507C) ins 2011 SL No. 236
s 12
507B
Fishery symbol
The fishery symbol for the fishery is ‘N3’.
div 2 (ss 507B–507C) ins 2011 SL No. 236
s 12
507C
Fishery area
The fishery area under section 507A
(a) consists of the area of the tidal waters—
(a)
in the Gulf of Carpentaria west of longitude 142º31'49'' east that are within 7n miles of—
(i)
the mainland shore; or
(ii)
the shore of an island; and
(b)
of waterways that join the waters mentioned in paragraph (a).
s 507C ins 2011 SL No. 236
s 12
amd 2016 SL No. 74
s 3
sch 1
Division 3
Taking fish
div 3 (ss 507D–507E) ins 2011 SL No. 236
s 12
507D
What fish may be taken
Only the following fish may be taken under the licence—
(a)
barramundi;
(b)
barred javelin;
(c)
black jewfish;
(d)
blue threadfin;
(e)
king threadfin;
(f)
queenfish;
(g)
scaly jewfish;
(h)
other fin fish, excluding regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (g).
s 507D ins 2011 SL No. 236
s 12
amd 2019 SL No. 71
s 59
sch 1
507E
Permitted ways of taking fish—set mesh nets
(1)
Fish may be taken only by using a set mesh net.
(2)
A power assisted device may be used with a set mesh net.
div 3 (ss 507D–507E) ins 2011 SL No. 236
s 12
Division 4
Use of mesh nets
div hdg ins 2011 SL No. 236
s 12
507F
General restrictions on use of set mesh nets
(1)
A set mesh net must not be used—
(a)
in a marked navigation channel; or
(b)
within 400m of a jetty or wharf; or
(c)
across a waterway or navigation channel so that—
(i)
its ropes make the waterway or navigation channel impassable to a boat; or
(ii)
the net extends to more than one-half of the width of the waterway or navigation channel where the net is used.
(2)
A reference in subsection (1) to using a set mesh net across a waterway or navigation channel includes using more than 1 set mesh net in a line across the waterway or navigation channel, regardless of the distance between the nets.
(3)
A set mesh net must not be used within 100m of any other net that is in use.
(4)
Despite subsection (3), a person using more than 1 set mesh net other than in a river or creek may set the nets within 100m of each other.
(5)
If a set mesh net is used in a river or creek, no other net may be used at the same time other than in a river or creek.
s 507F ins 2011 SL No. 236
s 12
507G
Fishery period
A set mesh net may not be used in a barramundi (Gulf) regulated period.
s 507G ins 2011 SL No. 236
s 12
507H
Use in a river or creek
(1)
A set mesh net may be used in a river or creek only if the set mesh net—
(a)
is no longer than 120m; and
(b)
has a mesh size of at least 160mm but no more than 215mm; and
(c)
has a drop of no more than 50 meshes.
(2)
No more than 6 nets may be set in the river or creek, regardless of the number of fishery symbols ‘N3’ written on the licence.
(3)
The nets may be set if—
(a)
their combined length is no longer than 360m; and
(b)
the distance between the first and last net is no longer than 5n miles.
(4)
A person using a net must be no more than 5n miles from any net the person is using.
(5)
If a power assisted device is on a boat, no more than 360m of the net may be attached to the device.
(6)
If a power assisted device is used, all nets on the boat, other than the net on the device, must be stowed and secured.
s 507H ins 2011 SL No. 236
s 12
amd 2012 SL No. 252
s 19
507I
Use in nearshore waters
(1)
This section applies to the use of a set mesh net in nearshore waters.
(2)
A set mesh net may be used only if—
(a)
it is no longer than 600m; and
(b)
has a mesh size of at least 160mm but no more than 215mm.
(3)
No more than 6 nets may be set in nearshore waters, regardless of the number of fishery symbols ‘N3’ written on the licence.
(4)
The nets may be set if—
(a)
their combined length is no longer than 600m; and
(b)
the distance between the first and last net is no longer than 6n miles.
(5)
A person using a net must be no more than 6n miles from any net the person is using.
(6)
If a power assisted device is on a boat, no more than 600m of the net may be attached to the device.
(7)
If a power assisted device is used, all nets on the boat, other than the net on the device, must be stowed and secured.
s 507I ins 2011 SL No. 236
s 12
amd 2012 SL No. 252
s 20
507J
Use in offshore waters if ‘N3’ written on licence only once
(1)
This section applies if the licence has the fishery symbol ‘N3’ written on it only once.
(2)
A set mesh net may be used in offshore waters only if—
(a)
the net is no longer than 300m, whether or not a power assisted device is used; and
(b)
the net has a mesh size of at least 160mm but no more than 165mm; and
(c)
the net’s drop is not more than 50 meshes; and
(d)
there are no other nets on the boat; and
(e)
the person using the net remains on a boat floating on the water and within 100m of the net while the net is being used; and
(f)
the net is not used as a bottom set net.
s 507J ins 2011 SL No. 236
s 12
507K
Use in offshore waters if ‘N3’ written on licence more than once
(1)
This section applies if the licence has the fishery symbol ‘N3’ written on it more than once.
(2)
A set mesh net may be used in offshore waters only if—
(a)
the net is no longer than 600m, whether or not a power assisted device is used; and
(b)
the net has a mesh size of at least 160mm but no more than 165mm; and
(c)
the net’s drop is not more than 50 meshes; and
(d)
all other nets on the boat are stowed and secured; and
(e)
the person using the net remains on a boat floating on the water and within 100m of the net while the net is being used; and
(f)
the net is not used as a bottom set net.
s 507K ins 2011 SL No. 236
s 12
507L
Marking nets
(1)
A set mesh net being used during the day must be marked by—
(a)
light coloured floats no more than 20m apart along its length; and
(b)
a white float—
(i)
at least 15cm in any dimension; and
(ii)
with the primary boat mark written on it at the end of the net that is the farthest from the primary boat; and
(iii)
with a radar reflector attached to it.
(2)
A set mesh net being used at night must also 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, at its end farthest from the shore; and
(ii)
a reflectorised float, at least 15cm in any dimension, at its end nearest the shore; 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 any direction, at both ends of the net.
(3)
Also, if the net is being used in offshore waters, it must be marked by—
(a)
6 floats along its length, each not less than 15cm in any dimension; and
(b)
a pole with an orange flag on it at least 2m above the water attached to its end farthest from the shore.
s 507L ins 2011 SL No. 236
s 12
amd 2019 SL No. 71
s 59
sch 1
Division 5
Other conditions
div hdg ins 2011 SL No. 236
s 12
507M
Use of primary boats
A primary boat longer than 14m must not be used.
s 507M ins 2011 SL No. 236
s 12
507N
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 5n miles.
s 507N ins 2011 SL No. 236
s 12
507O
Prohibition on use of bottom set nets in offshore waters
A bottom set net must not be used in offshore waters.
s 507O ins 2011 SL No. 236
s 12
507P
s 507P ins 2018 SL No. 179
s 12
om 2019 SL No. 71
s 59
sch 1
Part 4
Net fishery (east coast no. 3) (‘N4’)
pt hdg sub 2008 SL No. 448
s 82
Division 1
Definition
div hdg sub 2008 SL No. 448
s 82
508
What is the net fishery (east coast no. 3)
The net fishery (east coast no. 3) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 510 under the authorisations and conditions stated in this part;
(b)
the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2, other than sections 473, 474, 475 and 487.
s 508 sub 2008 SL No. 448
s 82
Division 2
Fishery symbol and area
div hdg sub 2008 SL No. 448
s 82
509
Fishery symbol
The fishery symbol for the fishery is ‘N4’.
s 509 sub 2008 SL No. 448
s 82
510
Fishery area
The fishery area under section 508
(a) consists of all offshore waters deeper than 20m deep east of longitude 142º31'49'' east and north of latitude 26º south.
s 510 sub 2008 SL No. 448
s 82
Division 3
Taking fish
div hdg sub 2008 SL No. 448
s 82
511
What fish may be taken
Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.
s 511 amd 2008 SL No. 156
s 2 sch; 2008 SL No. 314
s 23
sub 2008 SL No. 448
s 82
amd 2019 SL No. 71
s 59
sch 1
512
Permitted ways of taking fish
(1)
Fish may only be taken using set mesh nets or nets that are neither fixed nor hauled.
(2)
A net mentioned in subsection (1) must have a mesh size of at least 160mm but no more than 165mm.
(3)
Unless otherwise stated in this part, a net that is neither fixed nor hauled must not be used and a set mesh net must not be set—
(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.
s 512 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 82
Division 4
Use of mesh nets
div hdg sub 2008 SL No. 448
s 82
513
Use of nets that are neither fixed nor hauled in Keppel Bay
A net that is neither fixed nor hauled may be used in Keppel Bay west of a line from Cape Capricorn to Water Park Point only if—
(a)
the net is no longer than 200m; and
(b)
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.
s 513 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 82
514
Use of nets that are neither fixed nor hauled
(1)
This section applies for using a net that is neither fixed nor hauled in the fishery area mentioned in section 510, other than the waters mentioned in section 513.
(2)
A net that is neither fixed nor hauled may be used in the waters only if—
(a)
the net is no longer than 1,200m; and
(b)
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.
(3)
Despite subsection (2), a net that is neither fixed nor hauled must not be used in the waters north of Cape Flattery from midday 1 November to midday 1 February.
s 514 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 82
515
Use of set mesh nets in Keppel Bay
A set mesh net may be used in offshore waters of Keppel Bay west of a line from Water Park Point to Cape Capricorn only if—
(a)
the net is no longer than 200m; 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.
s 515 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 82
516
Use of set mesh nets in offshore waters
(1)
This section applies for using a set mesh net in the fishery area mentioned in section 510, other than the waters mentioned in section 515.
(2)
A set mesh net may be used in the waters only if—
(a)
the net is no longer than 1,200m; 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.
(3)
Despite subsection (2), a set mesh net must not be used in the waters north of Cape Flattery from midday 1 November to midday 1 February.
s 516 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 82
Division 5
Other conditions
div hdg sub 2008 SL No. 448
s 82
517
Use of primary boats
A primary boat must not be longer than 16m.
s 517 sub 2008 SL No. 448
s 82
518
Use of tender boats
A tender boat must not be used more than 800m from its primary boat.
s 518 sub 2008 SL No. 448
s 82
519
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.
s 519 sub 2008 SL No. 448
s 82
520
Marking nets
(1)
A net must be marked—
(a)
at one end, by a white float—
(i)
at least 15cm in any dimension; and
(ii)
with either the commercial fisher’s name or the primary boat mark written on it; and
(b)
by a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and
(c)
by light coloured floats no more than 20m apart along its length; and
(d)
by surface floats no more than 100m apart along its length each of which is at least 15cm in any dimension.
(2)
Despite subsection (1)
(c) and (d), surface floats are not required along the length of a set mesh net that is used in offshore waters deeper than its drop if no part of the net is on the surface at any time.
(3)
Also if a net is used at night it 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 reflectorised float, at least 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 any direction from the light, at both ends of the net.
s 520 sub 2008 SL No. 448
s 82
amd 2012 SL No. 252
s 21; 2019 SL No. 71
s 59
sch 1
521
s 521 sub 2008 SL No. 448
s 82
amd 2010 SL No. 164
s 49; 2011 SL No. 106
s 13
sub 2018 SL No. 179
s 13
om 2019 SL No. 71
s 59
sch 1
Division 6
Use of tunnel nets
div hdg om 2008 SL No. 448
s 82
Division 7
Other conditions
div hdg om 2008 SL No. 448
s 82
Part 4AA
Net fishery (Gulf of Carpentaria no. 2) (‘N9’)
pt hdg ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
Division 1
Definition
div hdg ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521A
What is the net fishery (Gulf of Carpentaria no. 2)
s 521A ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
Division 2
Fishery symbol and area
div hdg ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521B
Fishery symbol
s 521B ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521C
Fishery area
s 521C ins 2011 SL No. 236
s 13
amd 2016 SL No. 74
s 3
sch 1
om 2016 SL No. 193
s 24
Division 3
Taking fish
div hdg ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521D
What fish may be taken
s 521D ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521E
Permitted ways of taking fish
s 521E ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521F
Fishery period
s 521F ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
Division 4
Use and marking of nets
div hdg ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521G
Use of nets
s 521G ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521H
Marking nets
s 521H ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
Division 5
Other conditions
div hdg ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521I
VMS equipment requirements apply
s 521I ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521J
Notice of entry to ‘N3’ waters
s 521J ins 2011 SL No. 236
s 13
om 2012 SL No. 252
s 22
521K
Use of primary boats
s 521K ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521L
Use of tender boats
s 521L ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
521M
Permitted distance for an assistant fisher to be under direction
s 521M ins 2011 SL No. 236
s 13
om 2016 SL No. 193
s 24
Part 4A
Net fishery (east coast no. 4) (‘N10’)
pt hdg ins 2008 SL No. 448
s 82
522
What is the net fishery (east coast no. 4)
The net fishery (east coast no. 4) is activities by way of fishing in only 1 of the following at any one time—
(a)
the fishery area mentioned in section 524, under the authorisations and conditions stated in this part;
(b)
the fishery area mentioned in section 470, under the authorisations and conditions stated in part 2.
s 522 sub 2008 SL No. 448
s 82
523
Fishery symbol
The fishery symbol for the fishery is ‘N10’.
s 523 sub 2008 SL No. 448
s 82
524
Fishery area
The fishery area under section 522
(a) consists of the area of foreshore waters, other than foreshore waters of a river or creek, in the area of the following—
(a)
foreshores of Moreton Bay on the mainland between F↑B signs at each of the following places—
•
Little Rocky Point and about 800m south of Point Talburpin
•
about 800m either side of Moogurrapum Creek, Redland Bay
•
Point Halloran and about 700m south of Oyster Point
•
about 800m south of the southern bank of Hilliards Creek and about 1km south of Wellington Point
•
the eastern shore of Fisherman Island and about 800m north of Wynnum Creek (including the Boat Passage foreshore but not the Brisbane River foreshore)
•
the western end of Sunnyside Road, Scarborough and about 100m south of the seaward end of Seaview Parade, Deception Bay
•
the boat ramp at the department’s Fisheries Research Laboratory at Deception Bay and the southern bank of the Caboolture River;
(b)
within the boundary—
•
from latitude 27º22'37'' south, longitude 153º9'35'' east
•
along the mainland shore to latitude 27º21'38'' south, longitude 153º8'35'' east
•
to latitude 27º21'32'' south, longitude 153º8'38'' east
•
to latitude 27º21'26'' south, longitude 153º8'59'' east
•
to latitude 27º21'13'' south, longitude 153º9'10'' east
•
to latitude 27º21'37'' south, longitude 153º10'15'' east
•
to latitude 27º22'37'' south, longitude 153º9'35'' east;
(c)
foreshores of Moreton Bay islands, other than the western foreshore of Cassim Island and the southern foreshore of King Island, north of the following lines—
•
from Little Rocky Point
•
to the southern tip of Russell Island
•
to the nearest point on the western shore of North Stradbroke Island;
(d)
Tin Can Inlet, Pelican Bay and Tin Can Bay between the following lines—
•
a line from the northern bank of Snapper Creek to the southern bank of Carlo Creek
•
a line from the southern bank of Kauri Creek to Inskip Point;
(e)
Great Sandy Strait and Wide Bay Harbour between the following lines—
•
a line from the northern bank of Kauri Creek to Hook Point
•
a line from the northern bank of Pulgul Creek (also known as Arangarandin Creek) to the southern tip of Big Woody Island, and then to McKenzie’s Jetty, Fraser Island.
s 524 sub 2008 SL No. 448
s 82
amd 2011 SL No. 224
s 25; 2014 SL No. 69
s 11; 2016 SL No. 74
s 5
525
What fish may be taken
Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.
s 525 amd 2008 SL No. 156
s 2 sch
sub 2008 SL No. 448
s 82
amd 2019 SL No. 71
s 59
sch 1
525A
Permitted ways of taking fish
(1)
Fish may only be taken by using a tunnel net.
(2)
A commercial fisher and at least 1 other fisher must be within 100m of the net while it is in use.
s 525A ins 2008 SL No. 448
s 82 (amd 2009 SL No. 114
s 15)
525B
Use of tunnel nets
(1)
A tunnel net must not be longer than 1,700m, excluding its tunnel length.
(2)
A tunnel net must have—
(a)
a tunnel length of no more than 200m; and
(b)
a tunnel entrance width of between 1.5m and 4m; and
(c)
a mesh size of—
(i)
for the tunnel—no more than 50mm; and
(ii)
for the part of the net within 400m adjacent to each side of the tunnel—at least 25mm; and
(iii)
for the rest of the net—at least 44mm.
(3)
The tunnel of a tunnel net must—
(a)
extend out to sea beyond low water for at least 30m in water at least 30cm deep; and
(b)
be in place before the rest of the net is deployed.
s 525B ins 2008 SL No. 448
s 82; 2009 SL No. 176
s 20
525C
Use of primary boats
A primary boat must not be longer than 14m.
s 525C ins 2008 SL No. 448
s 82
525D
Use of tender boats
A tender boat must not be used more than 1,700m from its primary boat.
s 525D ins 2008 SL No. 448
s 82
525E
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 1,700m.
s 525E ins 2008 SL No. 448
s 82
525F
Marking nets
A tunnel net set at night must be marked by a white light—
(a)
at both ends of the net and at the end of the tunnel farthest from the shore; and
(b)
visible at least 400m in all directions from the light.
s 525F ins 2008 SL No. 448
s 82
525G
s 525G ins 2018 SL No. 179
s 14
om 2019 SL No. 71
s 59
sch 1
Part 5
Net fishery (no. 11) (‘N11’)
pt hdg sub 2008 SL No. 448
s 82
526
What is the net fishery (no. 11)
The net fishery (no. 11) is activities by way of fishing—
(a)
in the fishery area mentioned in section 528; and
(b)
under the authorisations and conditions stated in this part.
s 526 amd 2008 SL No. 448
s 83
527
Fishery symbol
The fishery symbol for the fishery is ‘N11’.
s 527 amd 2008 SL No. 448
s 84; 2011 SL No. 236
s 2 sch
528
Fishery area
The fishery area consists of the area of—
(a)
tidal waters east of longitude 142º31'49'' east (the eastern ‘N11’ area); and
(b)
tidal waters (the Gulf ‘N11’ area)—
(i)
in the Gulf of Carpentaria west of longitude 142º31'49'' east between—
(A)
the 25n mile line; and
(B)
the mainland shore or the shore of an island; and
(ii)
of waterways that join the waters mentioned in subparagraph (i).
s 528 sub 2008 SL No. 448
s 85; 2011 SL No. 236
s 14
amd 2016 SL No. 74
s 3
sch 1
529
What fish may be taken
(1)
Any fin fish, other than barramundi or regulated coral reef fin fish, may be taken in the eastern ‘N11’ area.
(2)
Only the following fish may be taken in the Gulf ‘N11’ area—
(a)
garfish;
(b)
mullet;
(c)
other fin fish, excluding barramundi and regulated coral reef fin fish, but only if the fish are taken while taking garfish or mullet.
s 529 amd 2008 SL No. 156
s 2 sch
sub 2011 SL No. 236
s 14
amd 2016 SL No. 193
s 25; 2019 SL No. 71
s 59
sch 1
530
Permitted ways of taking fish
(1)
Fish may only be taken—
(a)
in the eastern ‘N11’ area—by using cast or mesh nets; or
(b)
in the Gulf ‘N11’ area—by using cast, mesh, scoop or seine nets.
(2)
However, for taking fish in the Gulf ‘N11’ area, a power assisted device must not be used with a net.
(3)
A person using a net must be within 100m of it.
(4)
Only 1 end of a net may be fixed while the net is in use.
(5)
However, for taking fish in the eastern ‘N11’ area, both ends of a net may be fixed for no more than 2 hours if each end is in nearshore waters.
s 530 amd 2008 SL No. 448
s 86
sub 2011 SL No. 236
s 14
531
Use of primary boats
A primary boat must not be longer than 20m.
532
Use of cast nets
A cast net may be used in the fishery area only if the net—
(a)
is no longer than 3.7m; and
(b)
has a mesh size of no more than 28mm.
532A
Use of scoop nets
A scoop net may be used in the fishery area only if the net—
(a)
is no more than 2m in any dimension; and
(b)
has a mesh size of at least 25mm and a handle or shaft no longer than 2.5m.
s 532A ins 2011 SL No. 236
s 15
amd 2019 SL No. 71
s 59
sch 1
533
Use of mesh nets in particular offshore and nearshore waters in the eastern ‘N11’ area
(1)
A mesh net may be used in the following offshore and nearshore waters in the eastern ‘N11’ area only if the net is no longer than 400m and has a mesh size of at least 12mm but no more than 45mm—
(a)
waters east of longitude 142º31'49'' east and north of the northern bank of Baffle Creek;
(b)
Moreton Bay (whole) waters;
(c)
the waters of Hervey Bay, Great Sandy Strait, Wide Bay Harbour, Pelican Bay, Tin Can Bay and Tin Can Inlet between the following lines—
•
a line from the southern bank of Theodolite Creek to Arch Cliff, Fraser Island
•
a line from the eastern tip of Inskip Point to Hook Point, Fraser Island.
(2)
A back net may be used with a mesh net in nearshore waters south of the northern bank of Baffle Creek.
s 533 sub 2008 SL No. 448
s 87
amd 2011 SL No. 236
s 16
533A
Use of mesh nets in other offshore and nearshore waters in the eastern ‘N11’ area
(1)
This section applies for using a mesh net in offshore and nearshore waters in the eastern ‘N11’ area south of the northern bank of Baffle Creek, other than the waters mentioned in sections 533
(1)
(b) or (c).
(2)
The net may be used in the waters only if the net is—
(a)
no longer than 600m; and
(b)
has a mesh size of at least 12mm but no more than 45mm.
(3)
A mesh net may be used in an original ocean beach fishery area from 1 April to 31 August only if the net is—
(a)
no longer than 200m; and
(b)
has a mesh size of at least 12mm but no more than 25mm.
(4)
A back net may be used with a mesh net in nearshore waters.
s 533A ins 2008 SL No. 448
s 87
amd 2011 SL No. 236
s 17
533AA
Use of mesh nets in offshore and nearshore waters in the Gulf ‘N11’ area
(1)
This section applies to using a mesh net in the Gulf ‘N11’ area.
(2)
A mesh net may be used—
(a)
in offshore waters, only if it—
(i)
is no longer than 400m; and
(ii)
has a mesh size of at least 25mm but no more than 45mm; and
(b)
in nearshore waters, only if it—
(i)
is no longer than 200m; and
(ii)
has a mesh size of at least 25mm but no more than 45mm.
s 533AA ins 2011 SL No. 236
s 18
533B
Use of mesh nets in rivers and creeks
A mesh net may be used in a river or creek only if the net—
(a)
is no longer than 200m; and
(b)
has a mesh size of at least 25mm but no more than 45mm.
s 533B ins 2008 SL No. 448
s 87
amd 2019 SL No. 71
s 59
sch 1
534
Use of tender boats
A tender boat must not be used—
(a)
in the eastern ‘N11’ area—more than 800m from its primary boat; or
(b)
in the Gulf ‘N11’ area—more than 6n miles from its primary boat.
s 534 sub 2011 SL No. 236
s 19
535
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is—
(a)
800m in the eastern ‘N11’ area; and
(b)
6n miles in the Gulf ‘N11’ area.
s 535 sub 2011 SL No. 236
s 19
535A
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 white float—
(i)
at least 15cm in any dimension, at one end of the net or if the net is used in nearshore waters, the end of the float farthest from the shore; and
(ii)
with either the commercial fisher’s name or the primary boat mark written on it.
(2)
Also, a mesh net used at night 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 or if the net is used in nearshore waters, the end of the net farthest from the shore; and
(ii)
a reflectorised float, at least 15cm in any dimension, at one end of the net or if the net is used in nearshore waters, the end of the net farthest from the shore; 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 any direction from the light, at both ends of the net.
s 535A ins 2008 SL No. 448
s 88
amd 2012 SL No. 252
s 23; 2019 SL No. 71
s 59
sch 1
535B
s 535B ins 2018 SL No. 179
s 15
om 2019 SL No. 71
s 59
sch 1
Part 6
Net fishery (Gulf of Carpentaria no. 3) (‘N12’)
pt hdg prev pt 6 hdg om 2008 SL No. 448
s 89
pres pt 6 hdg ins 2011 SL No. 236
s 20
Division 1
Definition
div hdg ins 2011 SL No. 236
s 20
536
What is the net fishery (Gulf of Carpentaria no. 3)
The net fishery (Gulf of Carpentaria no. 3) is activities by way of fishing—
(a)
in the fishery area mentioned in section 538; and
(b)
under the authorisations and conditions stated in this part.
s 536 prev s 536 om 2008 SL No. 448
s 89
pres s 536 ins 2011 SL No. 236
s 20
Division 2
Fishery symbol and area
div hdg ins 2011 SL No. 236
s 20
537
Fishery symbol
The fishery symbol for the fishery is ‘N12’.
s 537 prev s 537 om 2008 SL No. 448
s 89
pres s 537 ins 2011 SL No. 236
s 20
538
Fishery area
(1)
The fishery area under section 536
(a) consists of the area of all tidal waters in the Gulf of Carpentaria west of longitude 142º31'49'' east that are beyond the 7n mile line and within the following boundary—
•
from latitude 16º23.6' south, longitude 138º4.56' east to latitude 16º12.17' south, longitude 138º16.03' east
•
to latitude 16º12.18' south, longitude 138º16.04' east
•
to latitude 16º8.09' south, longitude 138º19.36' east
•
to latitude 16º7.45' south, longitude 138º19.89' east
•
to latitude 15º54.91' south, longitude 138º30.07' east
•
to latitude 15º52.26' south, longitude 138º30.07' east
•
to latitude 14º29.91' south, longitude 138º30.07' east
•
to latitude 14º29.91' south, longitude 139º15.07' east
•
to latitude 13º34.33' south, longitude 139º15.07' east
•
to latitude 10º59.91' south, longitude 139º15.07' east
•
to latitude 10º50.91' south, longitude 139º12.57' east
•
to latitude 10º49.91' south, longitude 139º12.07' east
•
to latitude 11º8.91' south, longitude 139º23.07' east
•
to latitude 10º58.91' south, longitude 140º0.07' east
•
to latitude 10º58.41' south, longitude 140º0.89' east
•
to latitude 10º10.24' south, longitude 141º20.07' east
•
to latitude 10º27.91' south, longitude 141º20.07' east
•
to latitude 10º27.91' south, longitude 141º51' east
(2)
However, the fishery area does not include the area of tidal waters within the area mentioned in subsection (1) that are within 7n miles of an island.
s 538 prev s 538 om 2008 SL No. 448
s 89
pres s 538 ins 2011 SL No. 236
s 20
amd 2016 SL No. 74
s 3
sch 1
Division 3
Taking fish
div hdg ins 2011 SL No. 236
s 20
539
What fish may be taken
Only the following fish may be taken under the licence—
(a)
barred javelin;
(b)
black jewfish;
(c)
blue threadfin;
(d)
grey mackerel;
(e)
king threadfin;
(f)
queenfish;
(g)
scaly jewfish;
(h)
shark, other than white shark, sandtiger shark or speartooth shark;
Note—
The grey nurse shark (Carcharias taurus) is prescribed as endangered wildlife under the
Nature Conservation Act 1992
. See section 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) of that Act.
(i)
other fin fish, excluding barramundi and regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (h).
s 539 prev s 539 amd 2008 SL No. 156
s 2 sch
om 2008 SL No. 448
s 89
pres s 539 ins 2011 SL No. 236
s 20
amd 2019 SL No. 71
s 59
sch 1
540
Permitted ways of taking fish
(1)
Fish may be taken only by using a set mesh net.
(2)
A power assisted device may be used with a set mesh net only if—
(a)
the net is no longer than 1,800m; and
(b)
all other nets on board the boat from which the net is being used are stowed and secured.
s 540 prev s 540 amd 2008 SL No. 156
s 2 sch
om 2008 SL No. 448
s 89
pres s 540 ins 2011 SL No. 236
s 20
541
Fishery period
A net must not be used in a barramundi (Gulf) regulated period.
s 541 prev s 541 om 2008 SL No. 448
s 89
pres s 541 ins 2011 SL No. 236
s 20
Division 4
Use and marking of nets
div hdg ins 2011 SL No. 236
s 20
542
Use of nets
(1)
A net may be used only if—
(a)
it is no longer than 1,800m; and
(b)
has a mesh size of at least 160mm but no more than 165mm; and
(c)
the net’s drop is no more than 85 meshes; and
(d)
one end of the net is anchored or fixed to a place; and
(e)
the other end of the net is fixed to a boat; and
(f)
the net is not used as a bottom set net.
(2)
The line thickness of a net must be at least 0.9mm.
(3)
A person using a net must be within 100m of it.
s 542 prev s 542 om 2008 SL No. 448
s 89
pres s 542 ins 2011 SL No. 236
s 20
543
Marking nets
(1)
A net that is being used must be marked by—
(a)
light coloured floats no more than 20m apart along its length; and
(b)
a white float with the primary boat mark written on it at the end of the net that is the farthest from the primary boat.
(2)
The white float must—
(a)
be at least 15cm in any dimension; and
(b)
have a radar reflector attached to it.
s 543 prev s 543 om 2008 SL No. 448
s 89
pres s 543 ins 2011 SL No. 236
s 20
amd 2019 SL No. 71
s 59
sch 1
Division 5
Other conditions
div hdg ins 2011 SL No. 236
s 20
544
s 544 prev s 544 om 2008 SL No. 448
s 89
pres s 544 ins 2011 SL No. 236
s 20
sub 2018 SL No. 179
s 16
om 2019 SL No. 71
s 59
sch 1
545
Notice of entry to ‘N3’ waters
s 545 prev s 545 om 2008 SL No. 448
s 89
pres s 545 ins 2011 SL No. 236
s 20
om 2012 SL No. 252
s 24
545A
Use of primary boats
A primary boat longer than 25m must not be used.
s 545A ins 2011 SL No. 236
s 20
545B
Use of tender boats
A tender boat must not be used more than 6n miles from its primary boat.
s 545B ins 2011 SL No. 236
s 20
545C
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 6n miles.
s 545C ins 2011 SL No. 236
s 20
Part 7
Net fishery (Gulf of Carpentaria no. 4) (‘N13’)
pt hdg ins 2011 SL No. 236
s 20
Division 1
Definition
div 1 (s 545D) ins 2011 SL No. 236
s 20
545D
What is the net fishery (Gulf of Carpentaria no. 4)
The net fishery (Gulf of Carpentaria no. 4) is activities by way of fishing—
(a)
in the fishery area mentioned in section 545F; and
(b)
under the authorisations and conditions stated in this part.
div 1 (s 545D) ins 2011 SL No. 236
s 20
Division 2
Fishery symbol and area
div 2 (ss 545E–545F) ins 2011 SL No. 236
s 20
545E
Fishery symbol
The fishery symbol for the fishery is ‘N13’.
div 2 (ss 545E–545F) ins 2011 SL No. 236
s 20
545F
Fishery area
(1)
The fishery area under section 545D
(a) consists of the area of the tidal waters in the Gulf of Carpentaria west of longitude 142º31'49'' east that are beyond the 25n mile line and within the following boundary—
•
from latitude 16º12.18' south, longitude 138º16.04' east to latitude 16º8.09' south, longitude 138º19.36' east
•
to latitude 16º7.45' south, longitude 138º19.89' east
•
to latitude 15º54.91' south, longitude 138º30.07' east
•
to latitude 15º52.26' south, longitude 138º30.07' east
•
to latitude 14º29.91' south, longitude 138º30.07' east
•
to latitude 14º29.91' south, longitude 139º15.07' east
•
to latitude 13º34.33' south, longitude 139º15.07' east
•
to latitude 10º59.91' south, longitude 139º15.07' east
•
to latitude 10º50.91' south, longitude 139º12.57' east
•
to latitude 10º49.91' south, longitude 139º12.07' east
•
to latitude 11º8.91' south, longitude 139º23.07' east
•
to latitude 10º58.91' south, longitude 140º0.07' east
•
to latitude 10º58.41' south, longitude 140º0.89' east
•
to latitude 10º10.24' south, longitude 141º20.07' east
•
to latitude 10º27.91' south, longitude 141º20.07' east
•
to latitude 10º27.91' south, longitude 141º30.85' east
(2)
However, the fishery area does not include the area of tidal waters within the area mentioned in subsection (1) that are within 25n miles of an island.
s 545F ins 2011 SL No. 236
s 20
amd 2016 SL No. 74
s 3
sch 1
Division 3
Taking fish
div 3 (ss 545G–545I) ins 2011 SL No. 236
s 20
545G
What fish may be taken
Only the following fish may be taken under the licence—
(a)
barred javelin;
(b)
black jewfish;
(c)
blue threadfin;
(d)
grey mackerel;
(e)
king threadfin;
(f)
queenfish;
(g)
scaly jewfish;
(h)
shark, other than white shark, sandtiger shark or speartooth shark;
Note—
The grey nurse shark (Carcharias taurus) is prescribed as endangered wildlife under the
Nature Conservation Act 1992
. See section 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) of that Act.
(i)
other fin fish, excluding barramundi and regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (h).
s 545G ins 2011 SL No. 236
s 20
amd 2019 SL No. 71
s 59
sch 1
545H
Permitted ways of taking fish
(1)
Fish may be taken only by using a set mesh net.
(2)
A power assisted device may be used with the net only if—
(a)
the net is no longer than 1,800m; and
(b)
all other nets on board the boat from which the net is being used are stowed and secured.
div 3 (ss 545G–545I) ins 2011 SL No. 236
s 20
545I
Fishery period
A net must not be used in a barramundi (Gulf) regulated period.
div 3 (ss 545G–545I) ins 2011 SL No. 236
s 20
Division 4
Use and marking of nets
div 4 (ss 545J–545K) ins 2011 SL No. 236
s 20
545J
Use of nets
(1)
A net may be used only if—
(a)
it is no longer than 1,800m; and
(b)
has a mesh size of at least 160mm but no more than 165mm; and
(c)
its drop is no more than 85 meshes; and
(d)
one end of the net is anchored or fixed to a place;
(e)
the other end of the net is fixed to a boat; and
(f)
it is not used as a bottom set net.
(2)
The line thickness of a net must be at least 0.9mm.
(3)
A person using a net must be within 100m of it.
div 4 (ss 545J–545K) ins 2011 SL No. 236
s 20
545K
Marking nets
(1)
A net being used must be marked by—
(a)
light coloured floats no more than 20m apart along its length; and
(b)
a white float with the primary boat mark written on it at the end of the net that is the farthest from the primary boat.
(2)
The white float must—
(a)
be at least 15cm in any dimension; and
(b)
have a radar reflector attached to it.
s 545K ins 2011 SL No. 236
s 20
amd 2019 SL No. 71
s 59
sch 1
Division 5
Other conditions
div hdg ins 2011 SL No. 236
s 20
545L
s 545L ins 2011 SL No. 236
s 20
sub 2018 SL No. 179
s 17
om 2019 SL No. 71
s 59
sch 1
545M
Notice of entry to Gulf of Carpentaria waters within 25n mile line
s 545M ins 2011 SL No. 236
s 20
om 2012 SL No. 252
s 25
545N
Use of primary boats
A primary boat longer than 25m must not be used.
s 545N ins 2011 SL No. 236
s 20
545O
Use of tender boats
A tender boat must not be used more than 6n miles from its primary boat.
s 545O ins 2011 SL No. 236
s 20
545P
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 6n miles.
s 545P ins 2011 SL No. 236
s 20
Chapter 10
Provisions for spanish mackerel
ch hdg amd 2015 SL No. 12
s 19
Part 1
Spanish mackerel commercial fishery (‘SM’)
Division 1
Preliminary
546
Definitions for pt 1
In this part—
line fishery area, in relation to a line fishery symbol, means—
(a)
for the fishery symbol ‘L1’—the area mentioned in section 395; and
(b)
for the fishery symbol ‘L2’ or ‘L3’—the area mentioned in section 403; and
(c)
for the fishery symbol ‘L8’—the area mentioned in, section 427.
def line fishery area amd 2012 SL No. 252
s 26
(1)–(2)
line fishery symbol means the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’.
def line fishery symbol amd 2012 SL No. 252
s 26
(3)
547
What is the spanish mackerel commercial fishery
The spanish mackerel commercial fishery is activities by way of fishing—
(a)
relating to spanish mackerel in the fishery areas mentioned in section 549; and
(b)
under the authorisations and conditions stated in division 3.
Division 2
Fishery symbol and area
548
Fishery symbol
The fishery symbol for the fishery is ‘SM’.
549
Fishery area
The fishery area consists of—
(a)
if the fishery symbol is written on a licence on which the fishery symbol ‘L1’ is also written—the area mentioned in section 395; and
(b)
if the fishery symbol is written on a licence on which the fishery symbol ‘L2’ or ‘L3’ is also written—the area mentioned in section 403; and
(c)
if the fishery symbol is written on a licence on which the fishery symbol ‘L8’ is also written—the area mentioned in section 427.
s 549 amd 2012 SL No. 252
s 27
Division 3
Authorisations and conditions
ch 10 pt 1 div 3 sdiv 1 hdg om 2016 SL No. 193
s 26
ch 10 pt 1 div 3 sdiv 2 hdg om 2016 SL No. 193
s 27
550
What fish may be taken
Only spanish mackerel may be taken under an SM fishery licence.
551
Permitted ways of taking spanish mackerel
Spanish mackerel may be taken only in the way that fish may be taken under the line fishery symbol for the line fishery area in which the spanish mackerel are being taken.
s 551 amd 2019 SL No. 71
s 59
sch 1
552
Use of primary boat
The conditions for using a primary boat under the licence are the conditions for using a primary boat under the line fishery symbol for the line fishery area in which the boat is being used.
553
Use of tender boats
A tender boat must not be used further than—
(a)
if its primary boat is taking spanish mackerel on a reef—2n miles from the reef; or
(b)
otherwise—5n miles from its primary boat.
s 553 sub 2011 SL No. 224
s 26
554
Permitted distance for an assistant fisher to be under direction
(1)
This section applies if a commercial fisher and an assistant fisher are on separate commercial fishing boats.
(2)
The permitted distance for the assistant fisher to be under direction of the commercial fisher is—
(a)
if the commercial fisher is taking spanish mackerel on a reef—2n miles from the reef; or
(b)
otherwise—5n miles.
s 554 amd 2011 SL No. 224
s 27
555
s 555 prev s 555 om 2016 SL No. 193
s 27
pres s 555 ins 2018 SL No. 179
s 18
om 2019 SL No. 71
s 59
sch 1
Part 2
Provisions about SM units
Division 1
General provisions
div hdg amd 2010 SL No. 164
s 50
556
Nature of an SM unit
Each SM unit is—
(a)
a quota authority; and
(b)
subject to the quota entitlement provided for under divisions 2 and 3.
s 556 sub 2019 SL No. 71
s 24
556A
Restriction on issue of SM units
The chief executive must not issue SM units.
s 556A ins 2010 SL No. 164
s 51
Division 2
Entitlement
557
Entitlement under SM unit
(1)
The holder of an SM unit, or a person acting under an SM unit, may take, in an SM year, only the following quantity of spanish mackerel for the SM unit—
(a)
1kg (whole weight);
(b)
if section 557A applies—the weight in kilograms that is the adjusted weight equivalent worked out under that section for the SM year.
(2)
The authorisation for an SM year under subsection (1)—
(a)
is the holder’s entitlement under the SM unit for the SM year; and
(b)
imposes a quota on the entitlement for the SM year.
(3)
However, the entitlement applies only while the holder holds an SM fishery licence that is in force.
(4)
The entitlement is also subject to any relevant prohibitions or restrictions under this regulation, a declaration, the SM unit or the licence.
Examples of relevant restrictions—
•
restrictions under the
Fisheries Declaration 2019
•
conditions applying generally to licences with fishery symbols under chapter 6, part 6
s 557 amd 2008 SL No. 156
s 2 sch; 2010 SL No. 164
s 52; 2019 SL No. 71
ss 6, 25
557A
Adjusted weight equivalent for SM units
(1)
This section applies if, on 1 occasion, the total amount of spanish mackerel taken under all SM units (the total catch) in an SM year is more than 554,022kg.
(2)
If this section applies, the chief executive must work out the adjusted weight equivalent for an SM unit under this section for—
(a)
the next SM year; and
(b)
each subsequent SM year.
(3)
The adjusted weight equivalent for an SM unit for an SM year is—
(a)
if the total catch in the preceding SM year was no more than 554,022kg—the entitlement under the unit for the preceding SM year; or
(b)
if the total catch in the preceding SM year was more than 554,022kg and less than 565,102.44kg—the entitlement under the unit for the preceding SM year reduced by 0.01kg; or
(c)
if the total catch in the preceding SM year was 565,102.44kg or more—the entitlement under the unit for the preceding SM year reduced by 0.02kg.
Example—
In the preceding SM year the total catch was 565,200kg and the entitlement for an SM unit was the adjusted weight equivalent of 0.99kg. The entitlement for an SM unit for the current SM year is the adjusted weight equivalent of 0.97kg.
(4)
Despite subsection (3), the adjusted weight equivalent for an SM unit for an SM year can not be less than 0.9576kg.
Example—
In the preceding SM year the total catch was 565,200kg and the entitlement for an SM unit was the adjusted weight equivalent of 0.96kg. The entitlement for an SM unit for the current SM year is the minimum adjusted weight equivalent of 0.9576kg.
(5)
As soon as practicable after the adjusted weight equivalent is worked out for an SM year, the chief executive must give each holder of the SM units a written notice stating the following—
(a)
the adjusted weight equivalent of the SM units for the SM year;
(b)
the SM year for which the adjusted weight equivalent applies.
s 557A ins 2010 SL No. 164
s 53
amd 2015 SL No. 12
s 20
Division 3
Use of SM unit entitlement
558
When SM unit entitlement is used for an SM year
(1)
The entitlement of an SM unit held by a person is used for an SM year—
(a)
when the holder, or a person acting under the SM unit, has taken, in the SM year under any SM fishery licence held by the SM unit holder, an amount of (whole weight) spanish mackerel for the SM unit equalling the holder’s entitlement under the SM unit; or
(b)
if section 559 applies.
(2)
The unused entitlement of a holder’s SM unit for an SM year is the amount of (whole weight) spanish mackerel for the SM unit that has not been taken, for the SM year, under any SM fishery licence held by the SM unit holder.
559
No carrying forward of unused entitlement
(1)
This section applies if, in an SM year, an SM unit holder takes an amount of spanish mackerel for the SM units that is less than the total entitlements under the holder’s SM units.
(2)
The holder is taken, at the end of the SM year, to have used all the entitlements under the SM units held by the holder for the SM year.
Division 4
SM unit certificates
560
Content of SM unit certificates
An SM unit certificate must state each of the following—
(a)
the certificate number;
(b)
the name of the person who holds the SM units mentioned in the certificate;
(c)
the number of SM units held by the person;
(d)
if the chief executive has imposed conditions on the SM units—the conditions;
(e)
if the chief executive has suspended any of the SM units—
(i)
the number of SM units suspended; and
(ii)
the period of the suspension.
561
Evidentiary provision for SM unit certificate
An SM unit certificate is evidence of—
(a)
the number of SM units held when the certificate was—
(i)
issued; or
(ii)
changed or replaced under section 585; and
(b)
the conditions, if any, imposed on the SM units.
Division 5
Evidentiary aids for use of entitlement
562
Unloaded fish notice is evidence of use of entitlement
(1)
This section applies if the holder of SM units, or a person acting for the holder, gives the chief executive an unloaded fish notice for spanish mackerel for the SM units.
(2)
The notice is evidence that the holder has taken, under the SM units, the whole weight equivalent of the amount of spanish mackerel stated in the notice.
(3)
For subsection (2), the whole weight equivalent of the amount of spanish mackerel stated in the notice is—
(a)
for an amount stated for whole spanish mackerel—the amount stated; or
(b)
for an amount stated for spanish mackerel that is not whole—the amount worked out in the way stated in schedule 11, part 1, section 11
(2).
s 562 amd 2009 SL No. 176
s 21
563
Particular notice is evidence of unused entitlement
(1)
This section applies if the holder of SM units has obtained a written notice from the chief executive stating the amount of the unused entitlement under the SM units for a stated SM year on a stated date.
(2)
The notice is evidence of the amount of the unused entitlement under the SM units for the stated SM year on the stated date.
Part 3
Conditions for SM units
Division 1
Purpose
564
Purpose of pt 3
This part prescribes conditions for—
(a)
SM units; and
(b)
if a commercial fisher is acting under SM units held by another person—the fisher’s commercial fisher licence.
Division 2
Interpretation
565
Definitions for pt 3
In this part—
authorised boat, for an SM unit holder, means—
(a)
the primary boat under any of the SM fishery licences held by the SM unit holder; or
(b)
any of the primary boat’s tender boats.
landing period see section 569
(e)
(i).
landing place—
(a)
for a prior notice—see section 569
(c); or
(b)
for a transhipment notice—see section 576
(3)
(d)
(i); or
(c)
for an unnotifiable landing notice—see section 578
(3)
(c)
(i).
prescribed numerical code, for a place, means the sequence of numbers that—
(a)
may be used to identify the latitude and longitude coordinates for the place; and
(b)
is nominated by the chief executive and published on the department’s website.
prescribed person means each of the following—
(a)
the holder of SM units;
(b)
a commercial fisher or an assistant fisher acting under SM units held by another person.
prescribed reason, for not giving a prior notice or transhipment notice, see section 577
(2)
(a).
prior notice means—
(a)
a notice given under section 568
(3); or
(b)
if a replacement prior notice is given under section 570
(2), the replacement prior notice.
prior notice area means—
(a)
a defined port area; or
(b)
another area that is within 0.5n miles of a part of the State where landing of a boat is practicable.
prior notice deadline, for a prior notice, means the earlier of the following times—
(a)
the time the first of the authorised boats, for the SM unit holder by or for whom the notice is given, enters the prior notice area;
(b)
if the landing place mentioned in the notice is at, or north of, latitude 15º50.30' south and the landing period mentioned in the notice ends between 3p.m. and 10p.m. on a day—6 hours before the first of the authorised boats, for the SM unit holder by or for whom the notice is given, that will be landed at the place, will land at the place;
(c)
if the landing place mentioned in the notice is at or north of latitude 15º50.30' south and the landing period mentioned in the notice ends during the period starting at 10p.m. on a day (the first day) and ending at 3p.m. on the following day—4p.m. on the first day;
(d)
if the landing place mentioned in the notice is south of latitude 15º50.30' south—1 hour before the first of the authorised boats, for the SM unit holder by or for whom the notice is given, that will be landed at the place will land at the place.
def prior notice deadline amd 2016 SL No. 193
s 28
prior notice particulars see section 569.
transhipment notice see section 576
(2).
transport vessel see section 576
(1)
(b).
unloaded fish notice see section 581
(2).
unloading area, for a landing place, means—
(a)
if the landing place is within a defined port area—the defined port area; or
(b)
if the landing place is not within a defined port area—an area within 0.5n miles of the landing place.
unloading particular see section 569
(d).
unnotifiable landing notice see section 578
(2).
566
Notices to chief executive
(1)
This section applies to a notice given to the chief executive under section 568, 570, 571, 573, 576, 577
(2)
(b) or 581.
(2)
The notice must be given to the chief executive—
(a)
by using the AIVR system; or
Note—
See chapter 14, part 6 for provisions about the AIVR system, including the requirements and procedures applying to the operation and use of the system.
(b)
in another way approved by the chief executive.
s 566 amd 2011 SL No. 106
s 14; 2016 SL No. 193
s 29
Division 3
Requirements for taking or possessing spanish mackerel
567
Spanish mackerel to be taken or possessed only with unused SM unit entitlements
A prescribed person may take spanish mackerel from, or possess spanish mackerel on, an authorised boat for an SM unit holder in an SM year only if the holder holds SM units with unused entitlements for the SM year.
Division 4
Requirements for giving prior notice of spanish mackerel
568
Requirement to give prior notice
(1)
This section applies if—
(a)
spanish mackerel are on an authorised boat for an SM unit holder; and
(b)
an authorised boat for the holder enters a prior notice area; and
(c)
if the prior notice area is not a defined port area—it is proposed to land 1 or more authorised boats for the holder within the area.
(2)
This section does not apply if—
(a)
the authorised boats that are proposed to be landed are proposed to be landed at a place—
(i)
north of latitude 15º16.57' south; or
(ii)
on an island other than Bribie Island, Fraser Island, Magnetic Island, Moreton Island, North Stradbroke Island or South Stradbroke Island; and
(b)
it is not proposed to unload spanish mackerel at the place.
(3)
The holder, or a person authorised by the holder, must give a prior notice to the chief executive before the prior notice deadline for the notice has ended.
569
Particulars to be stated in prior notice
A prior notice must state each of the following (the prior notice particulars)—
(a)
the current fisher PIN for the SM units to which the notice relates;
(b)
the numerical part of the licence number of the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)
the prescribed numerical code or the latitude and longitude coordinates for the place (the landing place) at which any or all of the authorised boats, for the SM unit holder by or for whom the notice is given, will be landed;
(d)
whether or not it is proposed to unload spanish mackerel from, or using, 1 or more of the authorised boats before the boats leave the unloading area for the landing place (the unloading particular);
(e)
the following information, if the person giving the prior notice is prompted by the AIVR system to enter it—
(i)
the estimated number of hours (the landing period), rounded to the nearest whole hour, between when the notice is given and when the authorised boats will land at the landing place;
(ii)
the total number of each of the following on all the authorised boats when the notice is given—
(A)
spanish mackerel that are whole, gilled and gutted, or trunked;
(B)
containers containing filleted spanish mackerel.
570
Requirement to give replacement prior notice if unloading particular changes
(1)
This section applies if—
(a)
a prior notice has been given by or for an SM unit holder under section 568; and
(b)
the notice stated that spanish mackerel were not to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; and
(c)
the holder, or another person acting for the holder, proposes to unload spanish mackerel before the boats leave the unloading area.
(2)
The holder, or a person authorised by the holder, must give another prior notice (a replacement prior notice) to the chief executive before the prior notice deadline for the other notice has ended.
(3)
The replacement prior notice must state—
(a)
the prior notice particulars; and
(b)
that spanish mackerel will be unloaded before the boats leave the unloading area.
(4)
A replacement prior notice given under subsection (2) replaces the prior notice given under section 568.
s 570 amd 2019 SL No. 71
s 59
sch 1
571
Amendment or withdrawal of prior notice
(1)
This section applies if a prior notice has been given by or for an SM unit holder.
(2)
If a prior notice particular, other than an unloading particular, for the notice changes, the holder, or a person authorised by the holder, may give the chief executive a notice (an amending notice) stating the changes.
(3)
An amending notice must be given before the amending notice deadline for the notice has ended.
(4)
Also, the holder, or a person authorised by the holder, may, by notice to the chief executive, withdraw the prior notice at any time before spanish mackerel are taken from any authorised boat for the holder.
(5)
A prior notice may be amended or withdrawn only under this section.
(6)
In this section—
amending notice deadline, for an amending notice, means—
(a)
if the amending notice changes the landing period or landing place mentioned in the prior notice—the earlier of the following times—
(i)
when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(ii)
if the landing place mentioned in the prior notice is at or north of latitude 15º50.30' south—3 hours before the landing period mentioned in the prior notice ends;
Editor’s note—
Latitude 15º50.30' south runs approximately through Rattlesnake Point.
(iii)
if the landing place mentioned in the prior notice is south of latitude 15º50.30' south—1 hour before the landing period mentioned in the prior notice ends; or
(b)
if the amending notice relates to adding 5 fish or less to the number of fish on all of the authorised boats—when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice; or
(c)
for another amending notice—the earlier of the following times—
(i)
when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(ii)
1 hour before the landing period mentioned in the prior notice ends.
Division 5
Requirements after prior notice of spanish mackerel
572
General requirements after prior notice given
(1)
This section applies to the person in control of an authorised boat for the SM unit holder (a relevant authorised boat) that is proposed to be landed at the landing place mentioned in a prior notice.
(2)
The person in control of the relevant authorised boat must ensure that—
(a)
the boat lands at the landing place mentioned in the prior notice no more than 1 hour before or after the landing period mentioned in the notice ends; and
(b)
when the boat lands, the total number of each of the following on all the authorised boats for the holder is the same as the number stated in the prior notice or, having regard to the circumstances, is close to that number—
(i)
spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)
containers containing filleted spanish mackerel.
(3)
Also, if the relevant authorised boat lands at the landing place mentioned in the prior notice before the landing period mentioned in the notice ends, the person in control of the boat must ensure the boat stays at the landing place until after the landing period has ended.
(4)
Subsection (2)
(a) does not apply if the relevant authorised boat does not land at the place, or does not land within the period, mentioned in that subsection because of a reason beyond the control of the person in control of the boat.
(5)
In deciding whether a number is close under subsection (2)
(b), regard must be had to the degree of difficulty in counting the number of spanish mackerel or containers stated in the prior notice.
(6)
Subsection (3) does not require the person in control of the relevant authorised boat to be on the boat after the boat has landed.
573
Requirement to give retained fish notice
(1)
The SM unit holder, or a person authorised by the holder, must not allow an authorised boat for the holder to leave the unloading area for the landing place mentioned in a prior notice with spanish mackerel on the boat unless the holder or person has given the chief executive a notice (a retained fish notice) under this section.
(2)
The SM unit holder or authorised person must give the retained fish notice within 1 of the following periods before the authorised boat leaves or is proposed to leave the unloading area for the landing place—
(a)
if the landing place is at or north of latitude 15º50.30' south—6 hours;
(b)
if the landing place is south of latitude 15º50.30' south—1 hour.
(3)
The retained fish notice must state each of the following—
(a)
the current fisher PIN for the SM units to which the notice relates;
(b)
the numerical part of the licence number of the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)
if the person giving the retained fish notice is prompted by the AIVR system to enter the transaction number for the prior notice in relation to which the retained fish notice is given—the transaction number;
(d)
the total number of each of the following that will be on all the authorised boats, for the SM unit holder immediately after the boats leave the unloading area for the landing place mentioned in the prior notice—
(i)
spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)
containers containing filleted spanish mackerel.
s 573 amd 2016 SL No. 193
s 30
574
Requirement to obtain approval to leave unloading area
s 574 om 2011 SL No. 224
s 28
575
Additional requirements if prior notice stated spanish mackerel will be unloaded
(1)
This section applies if a prior notice given by, or for, an SM unit holder, stated that spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder, before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
A prescribed person must not take spanish mackerel from an authorised boat for the holder after the prescribed time unless—
(a)
all the spanish mackerel on all the authorised boats for the holder have been unloaded; and
(b)
an unloaded fish notice has been given, as required under section 581 for the spanish mackerel that have been unloaded.
(3)
However, subsection (2)
(a) does not apply if the prescribed person has complied with section 573.
(4)
If asked by an inspector after an authorised boat for the holder lands at the landing place, a prescribed person must tell the inspector—
(a)
the place (the unloading place) where the spanish mackerel on the authorised boats for the holder are to be unloaded; and
(b)
the estimated time (the unloading time) at which the spanish mackerel are to be unloaded.
(5)
If a prescribed person has informed an inspector of the unloading place and unloading time under subsection (4), the prescribed person must not unload, or allow to be unloaded, the spanish mackerel on the authorised boats other than at the unloading place and at the unloading time.
(6)
In this section—
prescribed time, in relation to a prior notice, means when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the notice.
576
Requirement to give transhipment notice
(1)
This section applies if spanish mackerel are—
(a)
taken from an authorised boat for an SM unit holder; and
(b)
transferred, before they are unloaded, to any of the following vessels (each a transport vessel)—
(i)
a boat identified in a carrier boat licence;
(ii)
a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1, 2 or 4 vessel;
(iii)
an other Queensland regulated ship registered under the
Transport Operations (Marine Safety) Regulation 2016
; and
(c)
proposed to be unloaded from, or using, the transport vessel to which they have been transferred.
(2)
The SM unit holder, or a person authorised by the holder, must give a notice (a transhipment notice) to the chief executive as soon as practicable after the spanish mackerel are transferred to the transport vessel.
(3)
The transhipment notice must state each of the following—
(a)
the current fisher PIN for the SM units to which the notice relates;
(b)
the numerical part of the licence number for the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)
the identification code for the transport vessel to which the notice relates;
(d)
the prescribed numerical code or the latitude and longitude coordinates for—
(i)
the place at which the transport vessel will be landed (the landing place); and
(ii)
the place at which the spanish mackerel will be unloaded from the transport vessel;
(e)
the date on which the spanish mackerel will be unloaded from the transport vessel;
(f)
the total number of each of the following that were transferred from the authorised boats to the vessel—
(i)
spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)
containers containing filleted spanish mackerel.
(4)
In this section—
identification code, for a vessel, means the sequence of numbers used to identify the vessel that is—
(a)
nominated by the chief executive; and
(b)
published on the department’s website.
s 576 amd 2016 SL No. 154
s 253
sch 10
Division 6
Requirements for unloading spanish mackerel
577
General requirement for unloading spanish mackerel
(1)
A prescribed person must not unload, or allow to be unloaded, spanish mackerel taken from an authorised boat for an SM unit holder unless—
(a)
a prior notice given by or for the holder stated the spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; or
(b)
a transhipment notice has been given by or for the holder for the spanish mackerel.
(2)
However, subsection (1) does not apply if—
(a)
the prior notice or transhipment notice was not given by or for the SM unit holder for either of the following reasons (each a prescribed reason)—
(i)
all the relevant equipment on the authorised boats for the SM unit holder—
(A)
was destroyed or made unusable during the notifying period by an unforeseeable and uncontrollable event; and
(B)
was not, and could not reasonably have been, replaced or made usable during the notifying period;
(ii)
the authorised boats for the SM unit holder landed because of an unforeseeable and uncontrollable event and the notice could not be given because of the event; and
Examples of an unforeseeable and uncontrollable event—
extreme weather conditions, fire or medical emergency
(b)
the holder or a person authorised by the holder has given the chief executive an unnotifiable landing notice; and
(c)
the prescribed person did not, before the authorised unloading time—
(i)
move, or allow to be moved, the authorised boats or transport vessel to a place more than 200m from, or not visible to a person at, the landing place mentioned in the unnotifiable landing notice; or
(ii)
move, or allow to be moved, the spanish mackerel from the boats or vessel.
(3)
In this section—
authorised unloading time, for unloading spanish mackerel for which a prior notice or transhipment notice has not been given, means—
(a)
if the person unloading the spanish mackerel has been given permission, by an inspector, to unload the spanish mackerel on or after a stated time—the stated time; or
(b)
otherwise—
(i)
if the authorised boat or transport vessel containing the spanish mackerel is landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given before 9a.m. on the day the boat or vessel landed—3p.m. on the day the boat or vessel landed; or
(ii)
if the authorised boat or transport vessel containing the spanish mackerel is landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given between 9a.m. and 4p.m. on the day the boat or vessel landed—6 hours after the boat or vessel landed; or
(iii)
if the authorised boat or transport vessel containing the spanish mackerel is landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given after 4p.m. on the day the boat or vessel landed—3p.m. on the day after the boat or vessel landed; or
(iv)
if the authorised boat or transport vessel containing the spanish mackerel is landed south of latitude 15º50.30' south—1 hour after the boat or vessel landed.
notifying period, in relation to a prior notice or transhipment notice, means the period—
(a)
starting when the first of the authorised boats for the SM unit holder who is required to give the prior notice or transhipment notice, leaves for a fishing trip; and
(b)
ending—
(i)
for a prior notice—when the prior notice deadline for the notice has ended; or
(ii)
for a transhipment notice—immediately before the transport vessel, containing the spanish mackerel transferred from the authorised boats for the holder, lands.
relevant equipment means equipment that can be used to—
(a)
use the AIVR system; or
(b)
contact a person who is on land or on a boat.
s 577 amd 2016 SL No. 193
s 31
578
Requirement to give unnotifiable landing notice
(1)
This section applies if an SM unit holder or a person authorised by the holder—
(a)
proposes to unload, or allow to be unloaded, spanish mackerel taken from an authorised boat for the SM unit holder; and
(b)
has not given a prior notice or transhipment notice for a prescribed reason.
(2)
The SM unit holder or authorised person must give a notice (an unnotifiable landing notice) to the chief executive at the following time—
(a)
if the spanish mackerel are on any of the authorised boats of the holder—immediately after the first of the boats lands;
(b)
if the spanish mackerel have been transferred from any of the authorised boats of the holder to a transport vessel—immediately after the transport vessel lands.
(3)
The unnotifiable landing notice must state each of the following—
(a)
the current fisher PIN for the SM units to which the notice relates;
(b)
the numerical part of the licence number for the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)
the prescribed numerical code or the latitude and longitude coordinates for—
(i)
the place at which the authorised boats or transport vessel to which the notice relates have been landed (the landing place); and
(ii)
the place at which the spanish mackerel on the boats or vessel will be unloaded;
(d)
the total number of each of the following that are on the boats or vessel when the notice is given—
(i)
spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)
containers containing filleted spanish mackerel.
s 578 amd 2019 SL No. 71
s 59
sch 1
579
Additional requirements for unloading spanish mackerel if prior notice given
(1)
This section applies if a prior notice given by or for an SM unit holder stated that spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
A prescribed person must not unload, or allow to be unloaded, the spanish mackerel unless section 572 has been complied with.
(3)
Also, a prescribed person may unload the spanish mackerel, or allow the spanish mackerel to be unloaded, only if—
(a)
the spanish mackerel are unloaded after the landing period mentioned in the prior notice has ended; and
(b)
for spanish mackerel being unloaded from, or using, a tender boat—the tender boat is attached to, or is within, 200m of its primary boat; and
(c)
the spanish mackerel are unloaded at 1 of the following places that is open for entry, under the Act, by an inspector—
(i)
the landing place mentioned in the notice;
(ii)
if the landing place is within a defined port area—another place within the defined port area;
(iii)
if the landing place is not within a defined port area—another place within 0.5n miles of the landing place.
(4)
However, subsection (3)
(a) does not apply if—
(a)
an inspector supervises the person unloading the spanish mackerel; or
(b)
both of the following apply—
(i)
the spanish mackerel are unloaded by moving the boat carrying the spanish mackerel to a place on land;
(ii)
until the landing period has ended—
(A)
the spanish mackerel are kept on the boat; and
(B)
the boat is kept at a place that is within 200m of, and visible to a person at, the landing place.
s 579 amd 2019 SL No. 71
s 59
sch 1
580
Requirements for weighing unloaded spanish mackerel
(1)
This section applies if spanish mackerel taken by or for an SM unit holder have been unloaded from, or using, an authorised boat for the holder or a transport vessel.
(2)
The holder must weigh the spanish mackerel, or allow the spanish mackerel to be weighed—
(a)
as soon as practicable after the spanish mackerel have been unloaded; and
(b)
at a place that is open for entry, under the Act, by an inspector.
(3)
The weight of the spanish mackerel must be worked out using a scale that is verified under the
National Measurement Act 1960 (Cwlth).
s 580 amd 2011 SL No. 224
s 29; 2019 SL No. 71
s 59
sch 1
581
Requirement to give unloaded fish notice
(1)
This section applies if spanish mackerel are—
(a)
taken from an authorised boat for an SM unit holder; and
(b)
unloaded from, or using, the authorised boat or a transport vessel.
(2)
The SM unit holder, or a person authorised by the holder, must give a notice (an unloaded fish notice) to the chief executive—
(a)
as soon as practicable after the first time the spanish mackerel on the boat or vessel are unloaded from, or using, the boat or vessel; and
(b)
if the spanish mackerel are first unloaded by moving the boat or vessel carrying the spanish mackerel to a place on land—as soon as practicable after the spanish mackerel are first moved from the boat or vessel.
(3)
Also, the SM unit holder, or a commercial fisher acting for the holder, must retain possession of the spanish mackerel until the unloaded fish notice is given.
(4)
The unloaded fish notice must state each of the following—
(a)
the current fisher PIN for the SM units to which the notice relates;
(b)
the numerical part of the licence number for the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)
if the person giving the unloaded fish notice is prompted by the AIVR system to enter the transaction number for a prior notice, transhipment notice or unnotifiable landing notice given in relation to the spanish mackerel mentioned in the unloaded fish notice—the transaction number;
(d)
the weight of each of the following that were unloaded by or for the holder—
(i)
whole spanish mackerel;
(ii)
gilled and gutted spanish mackerel;
(iii)
trunked spanish mackerel;
(iv)
filleted spanish mackerel.
Part 4
Transfer of SM units
Division 1
When SM units may or may not be transferred
582
Purpose of div 1
This division states, for section 65
(1) of the Act, the circumstances in which SM units may or may not be transferred.
583
Only whole SM units may be transferred
A part of an SM unit can not be transferred.
584
Eligibility of transferee
An SM unit may be transferred only by the holder of the SM unit to a person, other than the transferor, who holds an SM fishery licence.
Division 2
Other provisions about SM unit transfers
585
SM unit certificate changes required
(1)
This section applies if, under section 65B of the Act, the chief registers the transfer of SM units.
(2)
The chief executive must give effect to the transfer by doing any of the following—
(a)
changing, cancelling or replacing the transferor’s and transferee’s current SM unit certificates;
(b)
issuing the transferee a new SM unit certificate.
s 585 amd 2015 SL No. 12
s 21
586
Entitlement of transferee
(1)
The entitlement of the transferee under SM units transferred in an SM year is as follows—
(a)
for that part of the SM year after registration of the transfer—the entitlement of the transferor under the units immediately before the registration;
(b)
for a later SM year—the entitlement the transferor would have had under the units at the beginning of the SM year, as if the units had not been transferred.
(2)
For subsection (1)
(a), if part of the entitlement of the transferor under a particular transferred SM unit has been used, the whole entitlement of the transferee under that unit is taken to have been used.
587
Issue of fisher PIN for particular transferees
(1)
This section applies if—
(a)
the chief executive registers the transfer of SM units; and
(b)
the transferee did not hold any of the units immediately before the transfer.
(2)
The chief executive must, immediately after the transfer is registered, issue the transferee a 4-digit identity number (the fisher PIN) for the units.
Note—
See also schedule 11, part 2, definition fisher PIN.
s 587 amd 2015 SL No. 12
s 22; 2019 SL No. 71
s 59
sch 1
Part 5
Change of PINs
588
Change of unit PIN
(1)
The holder of SM units may, by written notice, ask the chief executive to change the unit PIN for the units.
(2)
On receiving the notice, the chief executive must—
(a)
change the unit PIN for the units to another 4-digit identity number (the new unit PIN) decided by the chief executive; and
(b)
give the holder a written notice stating the new unit PIN.
(3)
The change of unit PIN takes effect when the notice mentioned in subsection (2) is given to the holder.
589
Change of fisher PIN
(1)
The holder of SM units may change the fisher PIN for the units by using the AIVR system.
(2)
The change of the fisher PIN for the units takes effect when the holder is given a transaction number by the AIVR system for the change.
Part 6
Prescribed criteria for suspending and cancelling SM units
590
Criteria for suspending SM units
(1)
This section prescribes criteria under section 68B
(3)
(b)
(i) of the Act for a court suspending SM units under section 68B
(2) of the Act.
(2)
The prescribed criteria apply if, in an SM year—
(a)
the SM unit holder takes an amount of spanish mackerel for the SM units that exceeds the holder’s total entitlements under the SM units; or
(b)
any SM fishery licence held by the SM unit holder is suspended.
(3)
An appropriate suspension may be—
(a)
for subsection (2)
(a)—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or
(b)
for subsection (2)
(b)—suspension for the SM year of all the holder’s SM units with unused entitlements.
s 590 amd 2019 SL No. 71
s 59
sch 1
591
Criteria for cancelling SM units
(1)
This section prescribes criteria under section 68B
(3)
(b)
(i) of the Act for a court cancelling SM units under section 68B
(2) of the Act.
(2)
The prescribed criteria apply if, in an SM year, an SM unit holder is convicted of a serious fisheries offence involving taking or possessing an amount of spanish mackerel that exceeds the holder’s unused SM unit entitlements for the SM year by at least 500kg (whole weight).
(3)
An appropriate cancellation may be cancellation of the number of the holder’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the holder.
s 591 amd 2019 SL No. 71
s 59
sch 1
Chapter 10A
Provisions for reef line commercial fishery
ch hdg ins 2015 SL No. 12
s 23
Part 1
Reef line commercial fishery (‘RQ’)
pt hdg ins 2015 SL No. 12
s 23
Division 1
Preliminary
div 1 (ss 591A–591B) ins 2015 SL No. 12
s 23
591A
Definitions for pt 1
In this part—
line fishery area see section 591D.
line fishery symbol, for a line fishery area, means the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’ for the commercial fishery to which the line fishery area relates.
div 1 (ss 591A–591B) ins 2015 SL No. 12
s 23
591B
What is the reef line commercial fishery
The reef line commercial fishery is activities by way of fishing—
(a)
relating to regulated coral reef fin fish in the fishery area mentioned in section 591D; and
(b)
under the authorisations and conditions stated in division 3.
Note—
Regulated coral reef fin fish may also be taken in the aquarium fish fishery under chapter 7, part 1 and the line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) under chapter 8, part 3.
div 1 (ss 591A–591B) ins 2015 SL No. 12
s 23
Division 2
Fishery symbol and area
div 2 (ss 591C–591D) ins 2015 SL No. 12
s 23
591C
Fishery symbol for fishery
The fishery symbol for the fishery is ‘RQ’.
div 2 (ss 591C–591D) ins 2015 SL No. 12
s 23
591D
Fishery area
The fishery area consists of the following areas (each a line fishery area)—
(a)
if the fishery symbol is written on a licence on which the fishery symbol ‘L1’ is also written—the area mentioned in section 395;
(b)
if the fishery symbol is written on a licence on which the fishery symbol ‘L2’ or ‘L3’ is also written—the area mentioned in section 403;
(c)
if the fishery symbol is written on a licence on which the fishery symbol ‘L8’ is also written—the area mentioned in section 427.
div 2 (ss 591C–591D) ins 2015 SL No. 12
s 23
Division 3
Authorisations and conditions
div hdg ins 2015 SL No. 12
s 23
591E
What fish may be taken
(1)
The following fish may be taken—
(a)
under a licence on which the fishery symbol ‘L8’ is written—any regulated coral reef fin fish other than regulated coral trout and red emperor; and
(b)
under another licence—any regulated coral reef fin fish.
(2)
This section is subject to part 3.
s 591E ins 2015 SL No. 12
s 23
591F
Permitted ways of taking regulated coral reef fin fish
Regulated coral reef fin fish may be taken only in the way that fish may be taken under the line fishery symbol for the line fishery area in which the regulated coral reef fin fish are being taken.
Note—
See sections 397, 405 and 429.
s 591F ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
591G
Identification requirement to allow identification or counting of regulated coral reef fin fish
(1)
This section applies if—
(a)
regulated coral reef fin fish are on board a commercial fishing boat; and
(b)
any fish on board the boat are stored in a sealed container.
(2)
The person in control of the boat must ensure the container has attached to it a label stating clearly and legibly—
(a)
if the container contains regulated coral trout—the words ‘coral trout’ and the number of regulated coral trout inside the container; or
(b)
if the container contains redthroat emperor—the words ‘redthroat emperor’ and the number of redthroat emperor inside the container; or
(c)
if the container contains other regulated coral reef fin fish—the words ‘other coral reef fin fish’ and the number of other regulated coral reef fin fish inside the container; or
(d)
if the container contains fish other than regulated coral reef fin fish—the words ‘other species of fish’ and the number of fish inside the container.
s 591G ins 2015 SL No. 12
s 23
591H
Use of primary boat
The conditions for using a primary boat under the licence are the conditions for using a primary boat under the line fishery symbol for the line fishery area in which the boat is being used.
Note—
See sections 398, 406 and 432.
s 591H ins 2015 SL No. 12
s 23
591I
Use of tender boat
The conditions for using a tender boat under the licence are the conditions for using a tender boat under the fishery symbol for the line fishery area in which the tender boat is being used.
Note—
See sections 399, 407 and 433.
s 591I ins 2015 SL No. 12
s 23
591J
Permitted distance for assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is the distance permitted under the fishery symbol for the line fishery area where the assistant fisher is under direction.
Note—
See sections 400, 408 and 434.
s 591J ins 2015 SL No. 12
s 23
591K
Transhipping
(1)
Regulated coral reef fin fish taken from a primary boat may be transhipped only to a tender boat of the primary boat.
(2)
Regulated coral reef fin fish taken from a tender boat may be transhipped only to—
(a)
the tender boat’s primary boat; or
(b)
another tender boat of the primary boat.
s 591K ins 2015 SL No. 12
s 23
591KA
s 591KA ins 2018 SL No. 179
s 19
om 2019 SL No. 71
s 59
sch 1
Part 2
Provisions about line units
pt hdg ins 2015 SL No. 12
s 23
Division 1
General provisions
div 1 (ss 591L–591N) ins 2015 SL No. 12
s 23
591L
Types of line units
The following are the types of line units—
(a)
CT line units for regulated coral trout;
(b)
OS line units for other regulated coral reef fin fish;
(c)
RTE line units for redthroat emperor.
div 1 (ss 591L–591N) ins 2015 SL No. 12
s 23
591M
Nature of a line unit
Each line unit is—
(a)
a quota authority; and
(b)
subject to the quota entitlement provided for under division 2.
s 591M ins 2015 SL No. 12
s 23
sub 2019 SL No. 71
s 26
591N
Restriction on issue of line units
The chief executive must not issue line units.
div 1 (ss 591L–591N) ins 2015 SL No. 12
s 23
Division 2
Entitlement
div 2 (ss 591O–591Q) ins 2015 SL No. 12
s 23
591O
Entitlement under a line unit
(1)
The holder of, or a person acting under, a CT line unit may take, in a line year, the weight of regulated coral trout worked out by dividing the total quota entitlement for regulated coral trout for the line year by the total number of CT line units that have been issued.
(2)
The holder of, or a person acting under, a RTE line unit may take, in a line year, the weight of redthroat emperor worked out by dividing the total quota entitlement for redthroat emperor for the line year by the total number of RTE line units that have been issued.
(3)
The holder of, or a person acting under, an OS line unit may take, in a line year, the weight of other regulated coral reef fin fish worked out by dividing the total quota entitlement for other regulated coral reef fin fish for the line year by the total number of OS line units that have been issued.
(4)
The authorisation for a line year under subsection (1), (2) or (3)—
(a)
is the holder’s entitlement under the line unit for the line year; and
(b)
imposes a quota on the entitlement for the line year.
(5)
However, the entitlement—
(a)
applies only while the holder holds an RQ fishery licence that is in force; and
(b)
is subject to any relevant prohibitions or restrictions under this regulation, a declaration, the line unit or the licence.
Examples of relevant restrictions—
•
restrictions under the
Fisheries Declaration 2019
•
conditions applying generally to licences with fishery symbols under chapter 6, part 6
(6)
In this section—
total quota entitlement, for regulated coral trout, redthroat emperor or other regulated coral reef fin fish, for a line year, means the total quota entitlement stated for the fish in the quota declaration for the reef line commercial fishery for the line year.
s 591O ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 27
591P
When line unit entitlement is used for a line year
(1)
The entitlement of a line unit held by a person is used for a line year—
(a)
when the holder, or a person acting under the line unit, has taken in the line year, under any RQ fishery licence held by the holder, an amount (in whole weight) of the prescribed coral reef fin fish for the line unit equalling the holder’s entitlement under the line unit; or
(b)
if section 591Q applies.
(2)
The unused entitlement of a holder’s line unit for a line year is the amount (in whole weight) of the prescribed coral reef fin fish for the line unit that has not been taken, for the line year, under any RQ fishery licence held by the line unit holder.
div 2 (ss 591O–591Q) ins 2015 SL No. 12
s 23
591Q
No carrying forward of unused entitlement
(1)
This section applies if, in a line year, a line unit holder, or a person acting under the line unit, takes an amount of prescribed coral reef fin fish for the line unit that is less than the total entitlements under the holder’s line units.
(2)
The holder is taken, at the end of the line year, to have used all the entitlements under the line units held by the holder for the line year.
div 2 (ss 591O–591Q) ins 2015 SL No. 12
s 23
Division 3
Line unit certificates
div 3 (ss 591R–591S) ins 2015 SL No. 12
s 23
591R
Content of line unit certificates
(1)
A line unit certificate must state each of the following—
(a)
the certificate number;
(b)
the name of the person who holds the line units mentioned in the certificate;
(c)
the number of each of the following line units held by the person—
(i)
CT line units;
(ii)
OS line units;
(iii)
RTE line units;
(d)
if the chief executive has imposed conditions on the line units—the conditions;
(e)
if the chief executive has suspended any of the line units—
(i)
the number and type of line units suspended; and
(ii)
the period of the suspension.
(2)
Only 1 line unit certificate may be issued to the line unit holder for all line units held by the holder.
div 3 (ss 591R–591S) ins 2015 SL No. 12
s 23
591S
Evidentiary provision for line unit certificate
A line unit certificate is evidence of—
(a)
the number of line units held when the certificate was—
(i)
issued; or
(ii)
changed or replaced under section 591ZP; and
(b)
the conditions, if any, imposed on the line units.
div 3 (ss 591R–591S) ins 2015 SL No. 12
s 23
Division 4
Evidentiary aids for use of entitlement
div 4 (ss 591T–591U) ins 2015 SL No. 12
s 23
591T
Unloaded fish notice is evidence of use of entitlement
(1)
This section applies if the holder of a line unit, or a person acting for the holder, gives the chief executive an unloaded fish notice for prescribed coral reef fin fish for the line unit.
(2)
The notice is evidence that the holder has taken, under the line unit, the whole weight equivalent of the amount of regulated coral reef fin fish stated in the notice.
(3)
For subsection (2), the whole weight equivalent of the amount of regulated coral reef fin fish stated in the notice is—
(a)
for an amount stated for whole regulated coral reef fin fish—the amount stated; or
(b)
for an amount stated for regulated coral reef fin fish that is not whole—the amount calculated in the way stated in schedule 11, part 1, section 12
(1) to (4) that applies to the fish.
div 4 (ss 591T–591U) ins 2015 SL No. 12
s 23
591U
Particular notice is evidence of unused entitlement
(1)
This section applies if a holder of line units has obtained a written notice from the chief executive stating the amount of the unused entitlement under the line units for a stated line year on a stated date.
(2)
The notice is evidence of the amount of the unused entitlement under the line units for the stated line year on the stated date.
div 4 (ss 591T–591U) ins 2015 SL No. 12
s 23
Part 3
Conditions for line units
pt hdg ins 2015 SL No. 12
s 23
Division 1
Purpose
div 1 (s 591V) ins 2015 SL No. 12
s 23
591V
Purpose of pt 3
This part prescribes conditions for—
(a)
line units; and
(b)
if a commercial fisher is acting under line units held by another person—the fisher’s commercial fisher licence.
div 1 (s 591V) ins 2015 SL No. 12
s 23
Division 2
Interpretation
div hdg ins 2015 SL No. 12
s 23
591W
Definitions for pt 3
In this part—
authorised boat, for a line unit holder, means—
(a)
the primary boat under any of the RQ fishery licences held by the line unit holder; or
(b)
any of the primary boat’s tender boats.
landing period see section 591ZA
(e)
(i).
landing place, for a prior notice, see section 591ZA
(c).
prescribed numerical code, for a place, means the sequence of numbers—
(a)
that may be used to identify the latitude and longitude coordinates for the place; and
(b)
that is nominated by the chief executive; and
(c)
published on the department’s website.
prescribed person means each of the following—
(a)
the holder of line units;
(b)
a commercial fisher or an assistant fisher acting under line units held by another person.
prior notice means—
(a)
a notice given under section 591Z
(3); or
(b)
if a replacement prior notice is given under section 591ZB
(2), the replacement prior notice.
prior notice area means—
(a)
a defined port area; or
(b)
another area that is within 0.5n miles of a part of the State where landing of a boat is practicable.
prior notice deadline, for a prior notice, means the earlier of the following times—
(a)
the time the first authorised boat, for the line unit holder by or for whom the notice is given, enters the prior notice area;
(b)
if the landing place mentioned in the notice is at, or north of, latitude 15º50.30' south and the landing period mentioned in the notice ends between 3p.m. and 10p.m. on a day—6 hours before the first of the authorised boats, for the line unit holder by or for whom the notice is given, will land at the place;
(c)
if the landing place mentioned in the notice is at, or north of, latitude 15º50.30' south and the landing period mentioned in the notice ends during the period starting at 10p.m. on a day (the first day) and ending at 3p.m. on the following day—4p.m. on the first day;
(d)
if the landing place mentioned in the notice is south of latitude 15º50.30' south—1 hour before the first of the authorised boats, for the line unit holder by or for whom the notice is given, will land at the place.
def prior notice deadline amd 2016 SL No. 193
s 32
prior notice particulars see section 591ZA.
transhipment notice see section 591ZG
(2).
transport vessel see section 591ZG
(1)
(b).
unloaded fish notice see section 591ZL
(2).
unloading area means—
(a)
if the landing place is within a defined port area—the defined port area; or
(b)
if the landing place is not within a defined port area—an area within 0.5n miles of the landing place.
unloading particular see section 591ZA
(d).
unnotifiable landing notice see section 591ZI
(2).
s 591W ins 2015 SL No. 12
s 23
591X
Notices to chief executive
The following notices must be given to the chief executive using the AIVR system or in another way approved by the chief executive—
(a)
a prior notice;
(b)
a replacement prior notice under section 591ZB
(2);
(c)
an amending notice under section 591ZC
(2);
(d)
a retained fish notice under section 591ZE
(1);
(e)
a transhipment notice;
(f)
an unnotifiable landing notice;
(g)
an unloaded fish notice.
s 591X ins 2015 SL No. 12
s 23
amd 2016 SL No. 193
s 33
Division 3
Requirements for taking or possessing regulated coral reef fin fish
div 3 (s 591Y) ins 2015 SL No. 12
s 23
591Y
Regulated coral reef fin fish to be taken or possessed only with unused entitlements
A prescribed person may take the following regulated coral reef fin fish from, or possess the fish on, an authorised boat for a line unit holder in a line year only if the holder holds for the fish the following line units with unused entitlements for the line year—
(a)
for regulated coral trout—CT line units;
(b)
for redthroat emperor—RTE line units;
(c)
for other regulated coral reef fin fish—OS line units.
div 3 (s 591Y) ins 2015 SL No. 12
s 23
Division 4
Requirements for giving prior notice of regulated coral reef fin fish
div 4 (ss 591Z–591ZC) ins 2015 SL No. 12
s 23
591Z
Requirement to give prior notice
(1)
This section applies if—
(a)
regulated coral reef fin fish are on an authorised boat for a line unit holder; and
(b)
an authorised boat for the holder enters a prior notice area; and
(c)
if the prior notice area is not a defined port area—it is proposed to land 1 or more authorised boats for the holder within the area.
(2)
This section does not apply if—
(a)
the authorised boats that are proposed to be landed are proposed to be landed at a place—
(i)
north of latitude 15º16.57' south; or
(ii)
on an island other than Bribie Island, Fraser Island, Magnetic Island, Moreton Island, North Stradbroke Island or South Stradbroke Island; and
(b)
it is not proposed to unload regulated coral reef fin fish at the place.
(3)
The holder, or a person authorised by the holder, must give a prior notice to the chief executive before the prior notice deadline for the notice has passed.
div 4 (ss 591Z–591ZC) ins 2015 SL No. 12
s 23
591ZA
Particulars to be stated in prior notice
A prior notice must state each of the following (the prior notice particulars)—
(a)
the current fisher PIN for the line units to which the notice relates;
(b)
the numerical part of the licence number of the licence to which the regulated coral reef fin fish the subject of the notice relates;
(c)
the prescribed numerical code or the latitude and longitude coordinates for the place (the landing place) at which any or all of the authorised boats, for the line unit holder by or for whom the notice is given, will be landed;
(d)
whether or not it is proposed to unload regulated coral reef fin fish from, or using, 1 or more of the authorised boats before the boats leave the unloading area for the landing place (the unloading particular);
(e)
the following information, if the person giving the prior notice is prompted by the AIVR system to enter it—
(i)
the estimated number of hours (the landing period), rounded to the nearest whole hour, between when the notice is given and when the authorised boats will land at the landing place;
(ii)
the total number of containers containing each of the following in filleted form that are on board all the authorised boats when the notice is given—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish;
(iii)
the total number of each of the following on board all the authorised boats when the notice is given—
(A)
regulated coral trout that are whole or gilled and gutted;
(B)
redthroat emperor that are whole or gilled and gutted;
(C)
other regulated coral reef fin fish that are whole or gilled and gutted;
(D)
containers of other regulated coral reef fin fish that are whole or gilled and gutted.
div 4 (ss 591Z–591ZC) ins 2015 SL No. 12
s 23
591ZB
Requirement to give replacement prior notice if unloading particular changes
(1)
This section applies if—
(a)
a prior notice has been given by or for a line unit holder under section 591Z; and
(b)
the notice stated that regulated coral reef fin fish were not to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; and
(c)
the holder, or another person acting for the holder, proposes to unload regulated coral reef fin fish before the boats leave the unloading area.
(2)
The holder, or a person authorised by the holder, must give another prior notice (a replacement prior notice) to the chief executive before the prior notice deadline for the other notice has ended.
(3)
The replacement prior notice must state—
(a)
the prior notice particulars; and
(b)
that the regulated coral reef fin fish will be unloaded before the boats leave the unloading area.
(4)
A replacement prior notice given under subsection (2) replaces the prior notice given under section 591Z.
div 4 (ss 591Z–591ZC) ins 2015 SL No. 12
s 23
591ZC
Amendment or withdrawal of prior notice
(1)
This section applies if a prior notice has been given by or for a line unit holder.
(2)
If a prior notice particular, other than an unloading particular for the notice changes, the holder, or a person authorised by the holder, may give the chief executive a notice (an amending notice) stating the changes.
(3)
An amending notice must be given before the amending notice deadline for the notice has ended.
(4)
Also, the holder, or a person acting for the holder, may, by notice to the chief executive, withdraw the prior notice at any time before regulated coral reef fin fish are taken from any authorised boat for the holder.
(5)
A prior notice may be amended or withdrawn only under this section.
(6)
In this section—
amending notice deadline, for an amending notice, means—
(a)
if the amending notice changes the landing period or landing place mentioned in the prior notice—the earlier of the following times—
(i)
when the first authorised boat for the line unit holder enters the area within 0.5n miles of the landing place;
(ii)
if the landing place is at or north of latitude 15º50.30' south—3 hours before the landing period mentioned in the prior notice ends;
Editor’s note—
Latitude 15º50.30' south approximately runs through Rattlesnake Point.
(iii)
if the landing place is south of latitude 15º50.30' south—1 hour before the landing period mentioned in the prior notice ends; or
(b)
for another amending notice—the earlier of the following—
(i)
when the first authorised boat for the line unit holder enters the area within 0.5n miles of the landing place;
(ii)
1 hour before the landing period ends.
div 4 (ss 591Z–591ZC) ins 2015 SL No. 12
s 23
Division 5
Requirements after prior notice of regulated coral reef fin fish
div hdg ins 2015 SL No. 12
s 23
591ZD
General requirements after prior notice given
(1)
This section applies to a person in control of an authorised boat for the line unit holder (a relevant authorised boat) that is proposed to be landed at a landing place mentioned in a prior notice.
(2)
The person must ensure that—
(a)
the relevant authorised boat lands at the landing place no more than 1 hour before or after the landing period mentioned in the notice ends; and
(b)
when the relevant authorised boat lands, the total number of each of the following on all authorised boats for the holder is the same as the number stated in the prior notice or, having regard to the circumstances, is close to that number—
(i)
the following regulated coral reef fin fish that are whole or gilled and gutted—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish;
(ii)
containers containing each of the following in filleted form—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish.
(3)
Also, if the relevant authorised boat lands at the landing place before the landing period mentioned in the notice ends, the person must ensure the boat stays at the landing place until after the landing period has ended.
(4)
Subsection (2)
(a) does not apply if the relevant authorised boat does not land at the landing place, or does not land within the landing period, mentioned in that subsection because of a reason beyond the control of the person.
(5)
In deciding whether a number is close under subsection (2)
(b), regard must be had to the degree of difficulty in counting the number stated in the prior notice.
(6)
Subsection (3) does not require the person to be on board the relevant authorised boat after the boat has landed.
s 591ZD ins 2015 SL No. 12
s 23
591ZE
Requirement to give retained fish notice
(1)
A line unit holder, or a person authorised by the holder, must not allow an authorised boat for the holder to leave the unloading area for the landing place mentioned in a prior notice with regulated coral reef fin fish on the boat unless the holder or person has given the chief executive a notice (a retained fish notice) under this section.
(2)
The line unit holder or authorised person must give the retained fish notice within 1 of the following periods before the authorised boat leaves or is proposed to leave the unloading area for the landing place—
(a)
if the landing place is at or north of latitude 15º50.30' south—6 hours;
(b)
if the landing place is south of latitude 15º50.30' south—1 hour.
(3)
The retained fish notice must state each of the following—
(a)
the current fisher PIN for the line units to which the notice relates;
(b)
the numerical part of the licence number of the licence to which the regulated coral reef fin fish the subject of the notice relates;
(c)
if the person giving the retained fish notice is prompted by the AIVR system to enter the transaction number for the prior notice in relation to which the retained fish notice is given—the transaction number;
(d)
the following information, if the person giving the retained fish notice is prompted by the AIVR system to enter it—
(i)
the total number of containers containing each of the following in filleted form that are on board all the authorised boats when the retained notice is given—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish;
(ii)
the total number of each of the following that are whole or gilled and gutted on board all the authorised boats when the retained notice is given—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish;
(D)
containers of other regulated coral reef fin fish.
s 591ZE ins 2015 SL No. 12
s 23
amd 2016 SL No. 150
s 34
591ZF
Additional requirements if prior notice stated fish will be unloaded
(1)
This section applies if a prior notice given by, or for, a line unit holder stated that regulated coral reef fin fish were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
A prescribed person must not take regulated coral reef fin fish from an authorised boat for the holder after the prescribed time unless—
(a)
all the regulated coral reef fin fish on board all the authorised boats for the holder have been unloaded; and
(b)
an unloaded fish notice has been given, as required under section 591ZL, for the regulated coral reef fin fish that have been unloaded.
(3)
However, subsection (2)
(a) does not apply if the prescribed person has complied with section 591ZE.
(4)
If asked by an inspector after an authorised boat for the holder lands at the landing place, a prescribed person must tell the inspector—
(a)
the place (the unloading place) where the fish on board the authorised boats for the holder are to be unloaded; and
(b)
the estimated time (the unloading time) at which the fish are to be unloaded.
(5)
If a prescribed person has informed an inspector of the unloading place and unloading time under subsection (4), the prescribed person must not unload, or allow to be unloaded, the fish on the authorised boats other than at the unloading place and at the unloading time.
(6)
In this section—
prescribed time, in relation to a prior notice, means the earlier of the following—
(a)
when the first of the authorised boats for the line unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(b)
1 hour before the landing period mentioned in the prior notice ends.
s 591ZF ins 2015 SL No. 12
s 23
591ZG
Requirement to give transhipment notice
(1)
This section applies if regulated coral reef fin fish are—
(a)
taken from an authorised boat for a line unit holder; and
(b)
transferred, before the fish are transhipped, to any of the following vessels (each a transport vessel)—
(i)
a boat identified on a carrier boat licence;
(ii)
a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1, 2 or 4 vessel;
(iii)
an other Queensland regulated ship registered under the
Transport Operations (Marine Safety) Regulation 2016
; and
(c)
proposed to be unloaded from, or using, the transport vessel to which they have been transferred.
(2)
The line unit holder, or a person authorised by the holder, must give a notice (a transhipment notice) to the chief executive as soon as practicable after the fish are transferred to the transport vessel.
(3)
The transhipment notice must state each of the following—
(a)
the current fisher PIN for the line units to which the notice relates;
(b)
the numerical part of the licence number for the licence to which the fish the subject of the notice relates;
(c)
the identification code for the transport vessel to which the notice relates;
(d)
the prescribed numerical code or the latitude and longitude coordinates for—
(i)
the place at which the transport vessel will be landed; and
(ii)
the place at which the fish will be unloaded from the transport vessel;
(e)
the date on which the fish that were transferred from the authorised boats to the vessel will be unloaded;
(f)
if the person giving the transhipment notice is prompted by the AIVR system to enter it, the following information—
(i)
the total number of containers containing each of the following in filleted form that were transferred from the authorised boats to the transport vessel—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish;
(ii)
the total number of each of the following that are whole, gilled and gutted and were transferred from the authorised boats to the transport vessel—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish.
(4)
In this section—
identification code, for a transport vessel, means the sequence of numbers used to identify the vessel that is—
(a)
nominated by the chief executive; and
(b)
published on the department’s website.
s 591ZG ins 2015 SL No. 12
s 23
amd 2016 SL No. 154
s 253
sch 10
Division 6
Requirements for unloading regulated coral reef fin fish
div hdg ins 2015 SL No. 12
s 23
591ZH
General requirement for unloading fish
(1)
A prescribed person must not unload, or allow to be unloaded, regulated coral reef fin fish taken from an authorised boat for a line unit holder unless—
(a)
a prior notice has been given by or for the holder and the notice stated the fish were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; or
(b)
a transhipment notice has been given by or for the holder for the fish.
(2)
However, subsection (1) does not apply if—
(a)
the prior notice or transhipment notice was not given by or for the line unit holder because of a prescribed reason; and
(b)
the line unit holder or a person authorised by the holder gave the chief executive an unnotifiable landing notice for the landing of—
(i)
the authorised boats for the line unit holder; or
(ii)
the transport vessel, to which the regulated coral reef fin fish taken from the boats were transferred, immediately after the first of the boats, or the vessel, landed; and
(c)
the prescribed person did not, before the authorised unloading time—
(i)
move, or allow to be moved, the authorised boats or transport vessel to a place more than 200m from, or not visible to a person at, the place mentioned in section 591ZI
(3)
(c)
(i); or
(ii)
move, or allow to be moved, the fish from the boats or vessel.
(3)
In this section—
authorised unloading time, for unloading regulated coral reef fin fish for which a prior notice or transhipment notice has not been given, means—
(a)
if the person unloading the fish has been given permission by an inspector to unload the fish on or after a stated time—the stated time; or
(b)
otherwise—
(i)
if the authorised boat or transport vessel containing the fish are landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given before 9a.m. on the day the boat or vessel landed—3p.m. on the day the boat or vessel landed; or
(ii)
if the authorised boat or transport vessel containing the fish landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given between 9a.m. and 4p.m. on the day the boat or vessel landed—6 hours after the boat or vessel landed; or
(iii)
if the authorised boat or transport vessel containing the fish landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given after 4p.m. on the day the boat or vessel landed—3p.m. on the day after the boat or vessel landed; or
(iv)
if the authorised boat or transport vessel containing the fish landed south of latitude 15º50.30' south—1 hour after the boat or vessel landed.
notifying period, in relation to a prior notice or transhipment notice, means the period—
(a)
starting when the first of the authorised boats for the line unit holder who is required to give the prior notice or transhipment notice leaves for a fishing trip; and
(b)
ending—
(i)
for a prior notice—when the prior notice deadline for the notice has ended; or
(ii)
for a transhipment notice—immediately before the transport vessel, containing the regulated coral reef fin fish transferred from the authorised boats for the holder, lands.
prescribed reason, for not giving a prior notice or transhipment notice by or for a line unit holder, means either of the following—
(a)
all the relevant equipment on the authorised boats for the line holder—
(i)
was destroyed or made unusable during the notifying period by an unforeseeable and uncontrollable event; and
(ii)
was not, and could not reasonably have been, replaced or made usable during the notifying period;
(b)
the authorised boats for the line unit holder landed because of an unforeseeable and uncontrollable event and the notice could not be given because of the event.
relevant equipment means equipment that can be used to—
(a)
use the AIVR system; or
(b)
contact a person on land or on board a boat.
s 591ZH ins 2015 SL No. 12
s 23
amd 2016 SL No. 193
s 35
591ZI
Requirement to give unnotifiable landing notice
(1)
This section applies if a line unit holder or a person authorised by the holder—
(a)
proposes to unload, or allows to be unloaded, regulated coral reef fin fish taken from an authorised boat for the line unit holder; and
(b)
has not given a prior notice or transhipment notice for a prescribed reason as mentioned in section 591ZH
(3).
(2)
The line unit holder or authorised person must give a notice (an unnotifiable landing notice) to the chief executive at the following time—
(a)
if the fish are on any of the authorised boats for the holder—immediately after the first of the boats lands;
(b)
if the fish have been transferred from any of the authorised boats of the holder to a transport vessel—immediately after the transport vessel lands.
(3)
The unnotifiable landing notice must state each of the following—
(a)
the current fisher PIN for the line units to which the notice relates;
(b)
the numerical part of the licence number for the licence to which the fish the subject of the notice relates;
(c)
the prescribed numerical code or the latitude and longitude coordinates for—
(i)
the place where the authorised boats or transport vessel to which the notice relates have been landed; and
(ii)
the place where the fish on the boats or vessel will be unloaded;
(d)
if the person giving the notice is prompted by the AIVR system to enter the following information, the following information—
(i)
the total number of containers containing each of the following in filleted form that are on board the authorised boats or transport vessel when the notice is given—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish;
(ii)
the total number of each of the following that are whole or gilled and gutted and are on board the authorised boats or transport vessels when the notice is given—
(A)
regulated coral trout;
(B)
redthroat emperor;
(C)
other regulated coral reef fin fish.
s 591ZI ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
591ZJ
Additional requirements for unloading fish if prior notice given
(1)
This section applies if a prior notice given by or for a line unit holder stated that regulated coral reef fin fish were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
A prescribed person must not unload the fish, or allow the fish to be unloaded, unless section 591ZD has been complied with.
(3)
Also, a prescribed person may unload the fish, or allow the fish to be unloaded, only if—
(a)
the fish are unloaded after the landing period mentioned in the prior notice has ended; and
(b)
for fish being unloaded from, or using, a tender boat—the tender boat is attached to, or is within 200m of, its primary boat; and
(c)
the fish are unloaded at 1 of the following places that is open for entry, under the Act, by an inspector—
(i)
the landing place;
(ii)
if the landing place is within a defined port area—another place within the defined port area;
(iii)
if the landing place is not within a defined port area—another place within 0.5n miles of the landing place.
(4)
However, subsection (3)
(a) does not apply if—
(a)
an inspector supervises the person unloading the fish; or
(b)
both of the following apply—
(i)
the fish are unloaded by moving the boat carrying the fish to a place on land;
(ii)
until the landing period has ended—
(A)
the fish are kept on the boat; and
(B)
the boat is kept at a place that is within 200m of, and visible to a person at, the landing place.
s 591ZJ ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
591ZK
Requirements for weighing unloaded fish
(1)
This section applies if regulated coral reef fin fish taken by or for a line unit holder have been unloaded from, or using, an authorised boat for the holder or a transport vessel.
(2)
The holder must weigh the fish, or allow the fish to be weighed—
(a)
as soon as practicable after the fish have been unloaded; and
(b)
at a place that is open for entry, under the Act, by an inspector.
(3)
The weight of the fish must be worked out using a scale that is verified or certified under the
National Measurement Act 1960 (Cwlth).
s 591ZK ins 2015 SL No. 12
s 23
591ZL
Requirement to give unloaded fish notice
(1)
This section applies if regulated coral reef fin fish are—
(a)
taken from an authorised boat for a line unit holder; and
(b)
unloaded from, or using, the authorised boat or a transport vessel.
(2)
The line unit holder, or a person authorised by the holder, must give a notice (an unloaded fish notice) to the chief executive—
(a)
as soon as practicable after the first time the fish on the boat or vessel are unloaded from, or using, the boat or vessel; and
(b)
if the fish are first unloaded by moving the boat or vessel carrying the fish to a place on land—as soon as practicable after the fish are first moved from the boat or vessel.
(3)
Also, the line unit holder, or the person authorised by the holder, must—
(a)
retain possession of the fish until the unloaded fish notice is given; or
(b)
for a live fish that is sold or given to another person—remain within 200m of the fish until the unloaded fish notice is given.
(4)
The unloaded fish notice must state each of the following—
(a)
the current fisher PIN for the line units to which the notice relates;
(b)
the numerical part of the licence number of the licence to which the fish the subject of the notice relates;
(c)
if the person giving the notice is prompted by the AIVR system to enter the transaction number for a prior notice, transhipment notice or unnotifiable landing notice given in relation to the fish mentioned in the unloaded fish notice—the transaction number;
(d)
the weight of each of the following in whole form and gilled and gutted form unloaded by or for the holder—
(i)
regulated coral trout;
(ii)
redthroat emperor;
(iii)
other regulated coral reef fin fish;
(e)
the weight of each of the following in filleted form unloaded by or for the holder—
(i)
regulated coral trout;
(ii)
redthroat emperor;
(iii)
regulated emperor, other than redthroat emperor;
(iv)
regulated cod or grouper, rosy snapper and lavender snapper;
(v)
goldband snapper;
(vi)
regulated tropical snapper or seaperch, other than fish mentioned in subparagraphs (iv) or (v);
(vii)
other regulated coral reef fin fish and fish of an unidentified species.
s 591ZL ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
Part 4
Transfer of line units
pt hdg ins 2015 SL No. 12
s 23
Division 1
When line units may or may not be transferred
div 1 (ss 591ZM–591ZO) ins 2015 SL No. 12
s 23
591ZM
Purpose of div 1
This division states, for section 65
(1) of the Act, the circumstances in which line units may or may not be transferred.
div 1 (ss 591ZM–591ZO) ins 2015 SL No. 12
s 23
591ZN
Only whole line units may be transferred
A part of a line unit can not be transferred.
div 1 (ss 591ZM–591ZO) ins 2015 SL No. 12
s 23
591ZO
Eligibility of transferee
A line unit may be transferred only by the holder of the line unit to a person, other than the transferor, who holds an RQ fishery licence.
div 1 (ss 591ZM–591ZO) ins 2015 SL No. 12
s 23
Division 2
Other provisions about line unit transfers
div 2 (ss 591ZP–591ZR) ins 2015 SL No. 12
s 23
591ZP
Line unit certificate changes required
(1)
This section applies if, under section 65B of the Act, the chief executive registers the transfer of line units.
(2)
The chief executive must give effect to the transfer by doing any of the following—
(a)
changing, cancelling or replacing the transferor’s and transferee’s current line unit certificates;
(b)
issuing the transferee a new line unit certificate.
div 2 (ss 591ZP–591ZR) ins 2015 SL No. 12
s 23
591ZQ
Entitlement of transferee
(1)
The entitlement of the transferee under line units transferred in a line year is as follows—
(a)
for that part of the line year after registration of the transfer—the entitlement of the transferor under the line units immediately before the registration;
(b)
for a later line year—the entitlement the transferor would have had under the line units at the beginning of the line year, as if the line units had not been transferred.
(2)
For subsection (1)
(a), if part of the entitlement of the transferor under a transferred line unit has been used, the whole entitlement of the transferee under the transferred line unit is taken to have been used.
div 2 (ss 591ZP–591ZR) ins 2015 SL No. 12
s 23
591ZR
Issue of fisher PIN for particular transferees
(1)
This section applies if—
(a)
the chief executive registers the transfer of line units; and
(b)
the transferee did not hold any line units immediately before the transfer.
(2)
The chief executive must, immediately after the transfer is registered, issue the transferee a 4-digit identity number (a fisher PIN) for the line units.
Note—
See also schedule 11, part 2, definition fisher PIN.
s 591ZR ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
Part 5
Change of PINs
pt 5 (ss 591ZS–591ZT) ins 2015 SL No. 12
s 23
591ZS
Change of unit PIN
(1)
The holder of line units may, by written notice, ask the chief executive to change the unit PIN for the line units.
(2)
On receiving the notice, the chief executive must—
(a)
change the unit PIN for the line units to another 4-digit identity number (the new unit PIN) decided by the chief executive; and
(b)
give the holder a written notice stating the new unit PIN.
(3)
The change of unit PIN takes effect when the notice mentioned in subsection (2) is given to the holder.
pt 5 (ss 591ZS–591ZT) ins 2015 SL No. 12
s 23
591ZT
Change of fisher PIN
(1)
The holder of line units may change the fisher PIN for the line units by using the AIVR system.
(2)
The change of the fisher PIN for the line units takes effect when the holder is given a transaction number by the AIVR system for the change.
pt 5 (ss 591ZS–591ZT) ins 2015 SL No. 12
s 23
Part 6
Prescribed criteria for suspending and cancelling line units
pt 6 (ss 591ZU–591ZV) ins 2015 SL No. 12
s 23
591ZU
Criteria for suspending line units
(1)
This section prescribes criteria under section 68B
(3)
(b)
(i) of the Act for a court suspending line units under section 68B
(2) of the Act.
(2)
The prescribed criteria apply if, in a line year—
(a)
the line unit holder takes an amount of prescribed coral reef fin fish for the line units that exceeds the holder’s total entitlements under the line units; or
(b)
an RQ fishery licence held by the line unit holder is suspended.
(3)
An appropriate suspension may be—
(a)
for subsection (2)
(a)—suspension for the following line year of the number of line units with entitlements equal to the amount by which the entitlements were exceeded; or
(b)
for subsection (2)
(b)—suspension for the line year of all the holder’s line units with unused entitlements.
s 591ZU ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
591ZV
Criteria for cancelling line units
(1)
This section prescribes criteria under section 68B
(3)
(b)
(i) of the Act for a court cancelling line units under section 68B
(2) of the Act.
(2)
The prescribed criteria apply if, in a line year, a line unit holder is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the holder’s unused line unit entitlements for the line year by at least 500kg (whole weight).
(3)
An appropriate cancellation may be cancellation of the number of the holder’s line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the holder.
s 591ZV ins 2015 SL No. 12
s 23
amd 2019 SL No. 71
s 59
sch 1
Chapter 11
Other commercial fisheries
Part 1
Commercial crab fishery (‘C1’)
592
What is the commercial crab fishery
The commercial crab fishery is activities by way of fishing—
(a)
relating to crabs to which section 595 applies in the fishery area mentioned in section 594; and
(b)
under the authorisations and conditions stated in this part.
593
Fishery symbol
The fishery symbol for the fishery is ‘C1’.
594
Fishery area
The fishery area consists of the area of all tidal waters in the following areas—
•
east of longitude 142º31'49" east
•
north of latitude 10º48' south and between longitude 141º20' east and longitude 142º31'49" east
•
in the Gulf of Carpentaria between the 25n mile line and the shore, south of latitude 10º48' south.
s 594 amd 2016 SL No. 74
s 3
sch 1
595
What fish may be taken
Only crabs, other than spanner crabs, may be taken under the licence.
Note—
For spanner crabs, see parts 1A and 1B.
s 595 amd 2010 SL No. 35
s 5
sch 1
596
Permitted ways of taking crabs
(1)
Crabs may only be taken by using a crab pot, collapsible trap or dilly (each of which is an item of crab apparatus).
(2)
No more than a total of 50 items of crab apparatus, including any combination of items of crab apparatus, may be used at a time.
(3)
Also, no more than 10 items of crab apparatus may be fixed to a single line or attached to each other in sequence.
(4)
Despite subsection (2), if a commercial fisher is acting under a licence that has the fishery symbol ‘C1’ written on it more than once, the fisher may use, at any one time, no more than a total of 100 items of crab apparatus, including any combination of items of crab apparatus.
s 596 amd 2008 SL No. 384
s 10; 2008 SL No. 431
s 18; 2014 SL No. 69
s 12; 2016 SL No. 193
s 36
596A
Use of particular crab apparatus
Two or more items of crab apparatus that are fixed to a single line, or attached to each other in sequence, must not be used in the following waters—
(a)
Moreton Bay (whole) waters south of latitude 27º18.430' south;
(b)
the waters of Great Sandy Strait south of a line between Point Vernon on the mainland and Moon Point on Fraser Island.
s 596A ins 2008 SL No. 384
s 11
amd 2009 SL No. 213
s 23
(1)
reloc 2009 SL No. 213
s 23
(2)
amd 2019 SL No. 71
s 59
sch 1
596B
Possession of crab apparatus
(1)
A commercial fisher must not possess on a boat in the fishery area more than a total of 50 items of crab apparatus, including any combination of items of crab apparatus.
(2)
However, if a commercial fisher is acting under a licence that has the fishery symbol ‘C1’ written on it more than once, the fisher may possess on a boat in the fishery area no more than a total of 100 items of crab apparatus, including any combination of items of crab apparatus.
s 596B ins 2008 SL No. 384
s 11
reloc 2009 SL No. 213
s 24
amd 2014 SL No. 69
s 13
597
Use of primary boats
A primary boat must not be longer than 14m.
598
Use of tender boats
A tender boat must not be used more than 800m from its primary boat.
599
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.
600
Marking of fishing apparatus
(1)
An item of crab apparatus used to take crabs must—
(a)
have attached to it a tag on which is written the name of the owner of the apparatus; or
(b)
be marked with the boat mark for the owner’s primary boat.
(2)
Also, the crab apparatus must be attached by a rope to either—
(a)
a compliant float that is at least 15cm in any dimension; or
(b)
a fixed object above the high water mark, including, for example, a jetty or tree.
(3)
If crab apparatus is attached to a fixed object under subsection (2)
(b), a tag, on which is written the boat mark for the primary boat of the owner of the apparatus, must be attached to the part of the rope above the high water mark.
(4)
If 2 items of crab apparatus are fixed to a line, one end of the line must have attached to it 2 compliant floats that are at least 15cm in any dimension.
(5)
If 3 or more items of crab apparatus are fixed to a line—
(a)
one end of the line must have attached to it a compliant float that is at least 25cm in any dimension; and
(b)
the other end of the line must have attached to it a flag that is at least 2m above the water; and
(c)
a tag must be attached to the line near the float or flag stating the number of items of crab apparatus that are attached to the line.
(6)
In this section—
compliant float, for using crab apparatus, means a float that—
(a)
is light coloured and clearly visible on the surface of the water; and
(b)
is marked with the boat mark for the primary boat of the owner of the apparatus.
s 600 amd 2008 SL No. 384
s 12; 2019 SL No. 71
s 59
sch 1
600AA
s 600AA ins 2018 SL No. 179
s 20
om 2019 SL No. 71
s 59
sch 1
Part 1A
Commercial spanner crab fishery (managed area A) (‘C2’)
pt hdg ins 2010 SL No. 35
s 16
Division 1
Definition
div 1 (s 600A) ins 2010 SL No. 35
s 16
600A
What is the commercial spanner crab fishery (managed area A)
The commercial spanner crab fishery (managed area A) is activities by way of fishing—
(a)
relating to spanner crabs in the fishery area mentioned in section 600C; and
(b)
under the relevant authorisations and conditions stated in this part.
div 1 (s 600A) ins 2010 SL No. 35
s 16
Division 2
Fishery symbol and area
div 2 (ss 600B–600C) ins 2010 SL No. 35
s 16
600B
Fishery symbol
The fishery symbol for the fishery is ‘C2’.
Note—
For licences on which both the fishery symbols ‘C2’ and ‘C3’ are written, see section 271 (Conditions of licences on which more than 1 fishery symbol is written).
div 2 (ss 600B–600C) ins 2010 SL No. 35
s 16
600C
Fishery area
The fishery area consists of the area of tidal waters south of latitude 23º south and east of longitude 151º45' east.
s 600C ins 2010 SL No. 35
s 16
amd 2016 SL No. 74
s 3
sch 1
Division 3
Taking spanner crabs under the licence
div hdg ins 2010 SL No. 35
s 16
amd 2019 SL No. 71
s 59
sch 1
600D
What fish may be taken
Only spanner crabs may be taken under the licence.
div 3 (ss 600D–600F) ins 2010 SL No. 35
s 16
600E
Taking spanner crabs in more than 1 spanner crab fishery
(1)
This section applies if a person is authorised to take spanner crabs under a licence on which the fishery symbols ‘C2’ and ‘C3’ are written.
(2)
If the person has taken a spanner crab (the first crab) under part 1B, the person must not take a crab under this part until the first crab has been brought ashore on the mainland.
div 3 (ss 600D–600F) ins 2010 SL No. 35
s 16
600F
Permitted apparatus—dillies
(1)
A spanner crab may be taken only by using a dilly.
(2)
A commercial fisher must not possess more than a total of 50 dillies on a boat in the fishery area.
(3)
A person may use a dilly under the licence only if the dilly complies with division 4.
(4)
A person acting under the licence must not—
(a)
use more than 45 dillies at a time; or
(b)
set more than 15 dillies on a single line.
div 3 (ss 600D–600F) ins 2010 SL No. 35
s 16
Division 4
General requirements for dillies
Note—
Under section 600ZC
(4), the conditions for use of dillies under this division also apply to a licence in the commercial spanner crab fishery (managed area B) under part 1B.
div 4 (ss 600G–600I) ins 2010 SL No. 35
s 16
600G
Frame area
A dilly must have—
(a)
an area within its frame of no more than 1m2; and
(b)
a net drop below its frame of no more than 10cm.
div 4 (ss 600G–600I) ins 2010 SL No. 35
s 16
600H
Net
(1)
A dilly’s net must have only 1 layer of mesh and each mesh in the layer must be square or rectangular.
(2)
The mesh size of the net must be at least 25mm.
div 4 (ss 600G–600I) ins 2010 SL No. 35
s 16
600I
Marking of dillies
(1)
A dilly used to take spanner crabs must—
(a)
have a compliant float attached to it; and
(b)
either—
(i)
have attached to it a tag on which is written the name of the owner of the dilly; or
(ii)
be marked with the boat mark for the owner’s primary boat.
(2)
Also, if 2 or more dillies are fixed to a line—
(a)
one end of the line must be attached to a compliant float; and
(b)
the float must be attached to a flag that is at least 2m above the water.
(3)
In this section—
compliant float, for using a dilly, means a float that is—
(a)
light coloured and clearly visible on the surface of the water; and
(b)
at least 15cm in any dimension; and
(c)
marked with the boat mark for the primary boat of the owner of the dilly.
s 600I ins 2010 SL No. 35
s 16
amd 2019 SL No. 71
s 59
sch 1
Division 5
Annual quota
div 5 (s 600J) ins 2010 SL No. 35
s 16
om 2014 SL No. 69
s 14
600J
div 5 (s 600J) ins 2010 SL No. 35
s 16
om 2014 SL No. 69
s 14
Division 6
Other conditions
div hdg ins 2010 SL No. 35
s 16
600K
Use of primary boats
A primary boat must not be longer than 20m.
s 600K ins 2010 SL No. 35
s 16
600L
Use of tender boats
A tender boat must not be longer than 7m nor used more than 800m from its primary boat.
s 600L ins 2010 SL No. 35
s 16
600M
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction is 800m.
s 600M ins 2010 SL No. 35
s 16
600MA
s 600MA ins 2018 SL No. 179
s 21
om 2019 SL No. 71
s 59
sch 1
Division 7
Provisions about ITQ units
div hdg ins 2010 SL No. 35
s 16
Subdivision 1
General provisions
sdiv hdg ins 2010 SL No. 35
s 16
amd 2010 SL No. 164
s 54
600N
Nature of an ITQ unit
Each ITQ unit is—
(a)
a quota authority; and
(b)
subject to the quota entitlement provided for under subdivision 2.
s 600N ins 2010 SL No. 35
s 16
sub 2019 SL No. 71
s 28
600NA
Restriction on issue of ITQ units
The chief executive must not issue ITQ units.
s 600NA ins 2010 SL No. 164
s 55
Subdivision 2
Entitlement
sdiv hdg ins 2010 SL No. 35
s 16
600O
Entitlement under ITQ unit
(1)
The holder of an ITQ unit or a person acting under the ITQ unit may take in an ITQ year the weight of spanner crabs worked out by dividing the total quota entitlement for the year by the total number of ITQ units that have been issued.
(2)
The authorisation for an ITQ year under subsection (1)—
(a)
is the holder’s entitlement under the ITQ unit for the ITQ year; and
(b)
imposes a quota on the entitlement for the ITQ year.
(3)
However, the entitlement applies only while the holder holds a licence on which the fishery symbol ‘C2’ is written.
(4)
The entitlement is also subject to any relevant prohibitions or restrictions under this regulation, a declaration, the ITQ unit or the licence.
Examples of relevant restrictions—
•
restrictions under the
Fisheries Declaration 2019
•
conditions applying generally to licences with fishery symbols under chapter 6, part 6
(5)
In this section—
total quota entitlement, for spanner crabs, for an ITQ year, means the total quota entitlement stated for spanner crabs in the quota declaration for the commercial spanner crab fishery (managed area A) for the ITQ year.
s 600O ins 2010 SL No. 35
s 16
amd 2019 SL No. 71
ss 6, 29
600P
When ITQ unit entitlement is used for an ITQ year
(1)
The entitlement under an ITQ unit is used for an ITQ year—
(a)
when the unit holder or a person acting for the holder under the unit has taken in the year under any C2 fishery licence held by the holder an amount of spanner crab equalling the holder’s entitlement under the ITQ unit; or
(b)
if section 600Q applies.
(2)
The unused entitlement of a holder’s ITQ unit for an ITQ year is the amount of (whole weight) spanner crab for the ITQ unit that has not been taken for the ITQ year under any C2 fishery licence held by the ITQ unit holder.
(3)
In this section—
(whole weight) spanner crab means the weight of an entire intact spanner crab.
s 600P ins 2010 SL No. 35
s 16
600Q
No carrying forward of unused entitlement
(1)
This section applies if in an ITQ year an ITQ unit holder or a person acting for the holder takes an amount of spanner crab for the holder’s ITQ units that is less than the total entitlements under the ITQ units.
(2)
The holder is taken at the end of the ITQ year to have used all the entitlements under the ITQ units held by the holder for the ITQ year.
s 600Q ins 2010 SL No. 35
s 16
600R
Particular notice is evidence of unused entitlement
(1)
This section applies if an ITQ unit holder has obtained a written notice from the chief executive stating the amount of unused entitlement under the holder’s ITQ units for a stated ITQ year on a stated date.
(2)
The notice is evidence of the amount of unused entitlement under the ITQ units for the stated ITQ year on the stated date.
s 600R ins 2010 SL No. 35
s 16
Subdivision 3
ITQ unit certificates
sdiv 3 (s 600S–600T) ins 2010 SL No. 35
s 16
600S
Content of ITQ unit certificates
An ITQ unit certificate must state each of the following—
(a)
the certificate number;
(b)
the name of the person who holds the ITQ units mentioned in the certificate;
(c)
that the certificate is issued for the taking of spanner crabs in the fishery area under the licence;
(d)
the number of ITQ units held by the person;
(e)
if the chief executive has imposed conditions on the ITQ units—the conditions;
(f)
if the chief executive has suspended any of the ITQ units—
(i)
the number of ITQ units suspended; and
(ii)
the period of the suspension.
sdiv 3 (s 600S–600T) ins 2010 SL No. 35
s 16
600T
Evidentiary provision for ITQ unit certificate
An ITQ unit certificate is evidence of—
(a)
the number of ITQ units held when the certificate was—
(i)
issued; or
(ii)
changed or replaced under section 600V; and
(b)
the conditions, if any, imposed on the ITQ units.
sdiv 3 (s 600S–600T) ins 2010 SL No. 35
s 16
Subdivision 4
Transfer of ITQ units
sdiv hdg ins 2010 SL No. 35
s 16
600U
Only whole ITQ units may be transferred
A part of an ITQ unit can not be transferred.
s 600U ins 2010 SL No. 35
s 16
600V
ITQ unit certificate changes required
(1)
This section applies if under section 65B of the Act the chief registers the transfer of ITQ units.
(2)
The chief executive must give effect to the transfer by doing any of the following—
(a)
changing, cancelling or replacing the transferor’s and transferee’s current ITQ unit certificates;
(b)
issuing the transferee a new ITQ unit certificate.
s 600V ins 2010 SL No. 35
s 16
amd 2015 SL No. 12
s 24
600W
Entitlement of transferee
(1)
The entitlement of the transferee under ITQ units transferred in an ITQ year is as follows—
(a)
for that part of the ITQ year after registration of the transfer—the entitlement of the transferor under the units immediately before the registration;
(b)
for a later ITQ year—the entitlement the transferor would have had under the units at the beginning of the ITQ year, as if the units had not been transferred.
(2)
For subsection (1)
(a), if part of the entitlement of the transferor under a particular transferred ITQ unit has been used, the whole entitlement of the transferee under that unit is taken to have been used.
s 600W ins 2010 SL No. 35
s 16
Part 1B
Commercial spanner crab fishery (managed area B) (‘C3’)
pt hdg ins 2010 SL No. 35
s 16
Division 1
Definition
div 1 (s 600X) ins 2010 SL No. 35
s 16
600X
What is the commercial spanner crab fishery (managed area B)
The commercial spanner crab fishery (managed area B) is activities by way of fishing—
(a)
relating to spanner crabs in the fishery area mentioned in section 600Z; and
(b)
under the relevant authorisations and conditions stated in this part.
div 1 (s 600X) ins 2010 SL No. 35
s 16
Division 2
Fishery symbol and area
div hdg ins 2010 SL No. 35
s 16
600Y
Fishery symbol
The fishery symbol for the fishery is ‘C3’.
Note—
For licences on which both the fishery symbols ‘C2’ and ‘C3’ are written, see section 271 (Conditions of licences on which more than 1 fishery symbol is written).
s 600Y ins 2010 SL No. 35
s 16
600Z
Fishery area
The fishery area consists of the area of the following tidal waters—
•
waters north of the commercial spanner crab fishery (managed area A) and east of longitude 142º31'49" east
•
waters north of latitude 10º48' south and between longitude 141º20' east and longitude 142º31'49" east
•
waters in the Gulf of Carpentaria between the 25n mile line and the shore of the mainland, south of latitude 10º48' south.
s 600Z ins 2010 SL No. 35
s 16
amd 2012 SL No. 252
s 28; 2016 SL No. 74
s 3
sch 1
Division 3
Taking spanner crabs under the licence
div hdg ins 2010 SL No. 35
s 16
amd 2019 SL No. 71
s 59
sch 1
600ZA
What fish may be taken
Only spanner crabs may be taken under the licence.
div 3 (ss 600ZA–600ZC) ins 2010 SL No. 35
s 16
600ZB
Taking spanner crabs in more than 1 spanner crab fishery
(1)
This section applies if a person is authorised to take spanner crabs under a licence on which the fishery symbols ‘C2’ and ‘C3’ are written.
(2)
If the person has taken a spanner crab (the first crab) under part 1A, the person must not take a crab under this part until the first crab has been brought ashore on the mainland.
div 3 (ss 600ZA–600ZC) ins 2010 SL No. 35
s 16
600ZC
Permitted apparatus—dillies
(1)
A spanner crab may be taken only by using a dilly.
(2)
A commercial fisher must not possess more than a total of 35 dillies on a boat in the fishery area.
(3)
A person acting under the licence must not—
(a)
use more than 30 dillies at a time; or
(b)
set more than 10 dillies on a single line.
(4)
The conditions for dillies under the commercial spanner crab fishery (managed area A), under part 1A, division 4 apply to a dilly used under the licence.
div 3 (ss 600ZA–600ZC) ins 2010 SL No. 35
s 16
Division 4
Daily quota entitlement
div hdg ins 2010 SL No. 35
s 16
amd 2019 SL No. 71
s 30
600ZD
Daily quota entitlement for licence
(1)
The quota of spanner crabs that may be taken or possessed each day under the licence is 16 containers of spanner crabs.
(2)
For subsection (1)—
(a)
a container must be counted as 2 containers if—
(i)
it has a whole spanner crab protruding above its top; or
(ii)
it can not have another container stacked on top of it so that the other container’s bottom touches the top of the container on all sides; and
(b)
if the spanner crabs are not held in a container—the number of containers is worked out by dividing the number of crabs taken or possessed by 30.
(3)
In this section—
container, of spanner crabs, means a container with a capacity of no more than 66.4L.
Note—
An empty container that has internal dimensions of 571mm x 381mm x 305mm has a capacity of approximately 66L. Containers used to hold spanner crabs are commonly called ‘baskets’.
s 600ZD ins 2010 SL No. 35
s 16
amd 2019 SL No. 71
s 31
Division 5
Other conditions
div hdg ins 2010 SL No. 35
s 16
600ZE
Where spanner crabs may be brought ashore
A spanner crab taken under the licence may be brought ashore only on the mainland west of longitude 151º45' east.
s 600ZE ins 2010 SL No. 35
s 16
600ZF
Use of primary boats
A primary boat must not be longer than 20m.
s 600ZF ins 2010 SL No. 35
s 16
600ZG
Use of tender boats
A tender boat must not be longer than 7m nor used more than 800m from its primary boat.
s 600ZG ins 2010 SL No. 35
s 16
600ZH
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction is 800m.
s 600ZH ins 2010 SL No. 35
s 16
600ZI
s 600ZI ins 2018 SL No. 179
s 22
om 2019 SL No. 71
s 59
sch 1
Part 2
Commercial crayfish and rocklobster fishery (‘R’)
pt hdg amd 2009 SL No. 61
s 28
601
What is the commercial crayfish and rocklobster fishery
The commercial crayfish and rocklobster fishery is activities by way of fishing—
(a)
relating to the fish mentioned in section 604 in the fishery area mentioned in section 603; and
(b)
under the authorisations and conditions stated in this part.
s 601 amd 2009 SL No. 61
s 29
602
Fishery symbol
The fishery symbol for the fishery is ‘R’.
603
Fishery area
The fishery area consists of the area of the following tidal waters—
•
waters east of longitude 142º31'49" east, and north of latitude 14º south
•
the Gulf of Carpentaria and adjoining waterways, between the 25n mile line and the shore, south of latitude 10º48' south.
s 603 amd 2016 SL No. 74
s 3
sch 1
604
What fish may be taken
Only red champagne lobster and tropical rocklobster may be taken under the licence.
s 604 amd 2009 SL No. 61
s 30
605
Permitted ways of taking crayfish and rocklobster
(1)
Fish may only be taken by—
(a)
hand; or
(b)
using hand-held non-mechanical implements; or
(c)
using spears or spear guns.
(2)
Underwater breathing apparatus may also be used when taking fish.
(3)
Only primary boats or tender boats may be used to take fish.
(4)
No more than 1 person may take fish from a primary boat or tender boat at the same time.
s 605 amd 2009 SL No. 61
s 31
605A
Annual quota entitlement
(1)
The annual quota of fish that may be taken under the licence is the quota stated on the licence.
(2)
The maximum combined quota entitlements of fish for all licences for the fishery must not be more than 195,000 units.
(3)
In this section—
unit means 1kg of (whole weight) fish.
s 605A ins 2008 SL No. 431
s 19
amd 2019 SL No. 71
s 32
606
Use of primary boats
A primary boat must not be longer than 25m.
s 606 amd 2016 SL No. 193
s 37
607
Use of tender boats
A tender boat must not be used further than 5n miles from the following—
(a)
generally—its primary boat;
(b)
if its primary boat is located at a reef—the reef.
608
Permitted distance for an assistant fisher to be under direction
The permitted distance for an assistant fisher to be under direction of a commercial fisher is—
(a)
5n miles; or
(b)
if the commercial fisher is fishing on a reef, 5n miles from the reef.
Part 2A
Commercial shark and ray fishery (‘S’)
pt hdg ins 2008 SL No. 448
s 90
608A
What is the commercial shark and ray fishery
The commercial shark and ray fishery is activities by way of fishing—
(a)
relating to the fish to which section 608C applies; and
(b)
in the fishery area and under the authorisations and conditions mentioned in section 608D.
s 608A ins 2008 SL No. 448
s 90
608B
Fishery symbol
The fishery symbol for the fishery is ‘S’.
s 608B ins 2008 SL No. 448
s 90
608C
What fish may be taken
Only the following fish may be taken under the licence—
(a)
shark, other than white shark, sandtiger shark or speartooth shark;
Note—
The grey nurse shark (Carcharias taurus) is prescribed as endangered wildlife under the
Nature Conservation Act 1992
. See section 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) of that Act.
(b)
rays.
s 608C ins 2008 SL No. 448
s 90 (amd 2009 SL No. 114
s 16)
amd 2010 SL No. 164
s 56
608D
Relevant authorisations and conditions for taking fish
(1)
The fish to which section 608C applies may be taken only in the fishery area and under the relevant authorisations and conditions stated in a fishery provision for a commercial fishery (an applied fishery) under—
(a)
chapter 8, part 1, 2 or 5; or
(b)
chapter 9.
(2)
However, the fish may be taken under the licence—
(a)
in only 1 applied fishery at any one time; and
(b)
only if the licence has written on it a fishery symbol for the applied fishery in which the fish are taken.
s 608D ins 2008 SL No. 448
s 90
amd 2019 SL No. 71
s 59
sch 1
Part 3
Commercial trawl fishery (fin fish) (‘T4’)
div 4 hdg ins 2014 SL No. 328
s 12
om 2019 SL No. 71
s 33
Division 1
Definitions
div hdg ins 2014 SL No. 328
s 7
609
What is the commercial trawl fishery (fin fish)
The commercial trawl fishery (fin fish) is activities by way of fishing—
(a)
relating to the fish mentioned in section 612 in the fishery area mentioned in section 611; and
(b)
under the authorisations and conditions stated in this part.
609A
Meaning of prescribed whiting and relevant reference
(1)
Generally, prescribed whiting means red spot whiting or stout whiting.
(2)
A reference to a quantity of prescribed whiting (however expressed) is a reference to a quantity of fish consisting of either or both of the following—
(a)
red spot whiting;
(b)
stout whiting.
s 609A ins 2014 SL No. 328
s 8
Division 2
Fishery symbol and area
div hdg ins 2014 SL No. 328
s 8
610
Fishery symbol
The fishery symbol for the fishery is ‘T4’.
611
Fishery area
The fishery area consists of the area of all tidal waters within the following boundary—
•
from latitude 28°09.24' south, longitude 153°34.2' east, in a north easterly direction to latitude 28°03.96' south, longitude 153°46.32' east
•
then along the 50 fathom depth contour to east of Sandy Cape, Fraser Island
•
then west to the 20 fathom depth contour
•
then along the 20 fathom depth contour to latitude 28°09.24' south, longitude 153°34.2' east.
s 611 amd 2011 SL No. 224
s 30; 2016 SL No. 74
s 3
sch 1
Division 3
Taking fish and other conditions
div hdg ins 2014 SL No. 328
s 9
612
What fish may be taken
Only the following fish (each the permitted fish) may be taken under the licence—
(a)
prescribed whiting;
(b)
any of the following fish, if the fish are taken while taking prescribed whiting—
(i)
Balmain bug;
(ii)
cuttlefish;
(iii)
goatfish;
(iv)
Moreton Bay bug;
(v)
octopus;
(vi)
squid;
(vii)
threadfin bream;
(viii)
yellowtail scad.
s 612 sub 2014 SL No. 328
s 9
613
Permitted ways of taking fish
(1)
Permitted fish may only be taken by using an otter trawl net or Danish seine net that complies with this section.
(2)
The net must not be longer than 88m and must have a mesh size of at least 38mm.
(3)
For subsection (2), the length of the net must be worked out from the combined length of the following ropes when taut—
(a)
the head and bottom ropes;
(b)
the rope fixing the net’s opening size;
(c)
the ropes to which the net’s mesh is attached;
(d)
the part of another rope, other than a lazy line or log rope, to which a wing net is attached.
(4)
For an otter trawl net—
(a)
each of its sweeps must not be longer than 128m; and
(b)
the net must not be used from a boat longer than 20m; and
(c)
the net must be used with a TED that complies with chapter 7A, part 5.
(5)
For subsection (4)
(a), an otter trawl net’s sweeps includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the net.
(6)
However, if 2 or more fittings mentioned in subsection (5) are joined to make a single fitting, the single fitting is 1 sweep.
(7)
For a Danish seine net—
(a)
each of the 2 haul ropes attached to the net must not be longer than 2,500m; and
(b)
the end of the haul rope that is first deployed when the net is deployed must be marked with a floating buoy that is clearly visible on the surface of the water; and
(c)
the net must not be used from a boat longer than 25m.
s 613 sub 2011 SL No. 224
s 31
amd 2014 SL No. 328
s 10; 2019 SL No. 71
s 59
sch 1
614
s 614 amd 2009 SL No. 213
s 26
sub 2014 SL No. 328
s 11
om 2019 SL No. 71
s 59
sch 1
614A
s 614A ins 2014 SL No. 328
s 12
om 2019 SL No. 71
s 34
614B
Annual quota entitlement for goatfish and yellowtail scad
(1)
This section applies to the following fish—
(a)
goatfish;
(b)
yellowtail scad.
(2)
The annual quota of each of the fish that may be taken under the licence in a T4-ITQ year is the amount worked out using the following formula—
AQ = DAQ/L x N
where—
AQ is the annual quota of the fish, in kilograms, that may be taken under the licence in the year.
DAQ is the total quota entitlement for the fish, expressed in kilograms, stated in the quota declaration for the commercial trawl fishery (fin fish) for the year (the relevant declaration).
L is the total number of T4 fishery licences that are in force when the relevant declaration is made.
N is the number of fishery symbols ‘T4’ written on the licence.
s 614B ins 2014 SL No. 328
s 12
amd 2019 SL No. 71
s 35
Division 5
Provisions about T4-ITQ units
div hdg ins 2014 SL No. 328
s 12
Subdivision 1
Nature and issue of T4-ITQ units
sdiv 1 (ss 614C–614G) ins 2014 SL No. 328
s 12
614C
Nature of a T4-ITQ unit
Each T4-ITQ unit is—
(a)
a quota authority; and
(b)
subject to the quota entitlement provided for under subdivision 2.
s 614C ins 2014 SL No. 328
s 12
sub 2019 SL No. 71
s 36
614D
General condition for issue of T4-ITQ units
A T4-ITQ unit may be issued only under this division.
sdiv 1 (ss 614C–614G) ins 2014 SL No. 328
s 12
614E
Chief executive must issue T4-ITQ units and ITQ unit certificate
(1)
The chief executive must, on 28 February 2015 (the issue day), issue to the holder of each eligible licence 270,000 T4-ITQ units for each fishery symbol ‘T4’ written on the licence.
(2)
The chief executive must issue the T4-ITQ units by giving the holder a T4-ITQ unit certificate for the units.
(3)
Subsections (1) and (2) do not prevent the chief executive giving the holder the T4-ITQ unit certificate before the issue day.
Note—
Under sections 614H and 614Y, prescribed whiting may be taken under a T4-ITQ unit only in a T4-ITQ year.
(4)
In this section—
eligible licence means a T4 fishery licence as in force immediately before the issue day.
sdiv 1 (ss 614C–614G) ins 2014 SL No. 328
s 12
614F
Issue of unit PIN and fisher PIN
After issuing T4-ITQ units under section 614E
(1), the chief executive must issue to the holder of the units—
(a)
a 4-digit identity number (a unit PIN) for the units; and
(b)
a 4-digit identity number (a fisher PIN) for the units, unless the holder already holds another quota authority.
sdiv 1 (ss 614C–614G) ins 2014 SL No. 328
s 12
614G
Restriction on issue of T4-ITQ units
The chief executive must not issue T4-ITQ units after 28 February 2015.
sdiv 1 (ss 614C–614G) ins 2014 SL No. 328
s 12
Subdivision 2
Entitlement
sdiv 2 (ss 614H–614K) ins 2014 SL No. 328
s 12
614H
Entitlement under T4-ITQ unit
(1)
The holder of, or a person acting under, a T4-ITQ unit may take in a T4-ITQ year the weight of prescribed whiting worked out using the following formula—
W = TAQ/TN x N
where—
W is the weight, in kilograms, of prescribed whiting that may be taken in the year.
TAQ is the total quota entitlement, expressed in kilograms, stated for prescribed whiting in the quota declaration for the commercial trawl fishery (fin fish) for the year.
TN is the total number of T4-ITQ units issued for the commercial trawl fishery (fin fish).
N is the number of T4-ITQ units held by the holder.
(2)
The authorisation for a T4-ITQ year under subsection (1)—
(a)
is the holder’s entitlement under the T4-ITQ unit for the T4-ITQ year; and
(b)
imposes a quota on the entitlement for the T4-ITQ year.
(3)
However, the entitlement—
(a)
applies only while the holder holds a licence on which the fishery symbol ‘T4’ is written; and
(b)
is subject to any relevant prohibitions or restrictions under this regulation, a declaration, the T4-ITQ unit or the licence.
Examples of relevant restrictions—
•
restrictions under the
Fisheries Declaration 2019
•
conditions applying generally to licences with fishery symbols under chapter 6, part 6
s 614H ins 2014 SL No. 328
s 12
amd 2019 SL No. 71
ss 6, 37
614I
When T4-ITQ unit entitlement is used for a T4-ITQ year
(1)
The entitlement under a T4-ITQ unit is used for a T4-ITQ year—
(a)
when the unit holder or a person acting under the unit has taken in the year under any T4 fishery licence held by the holder an amount of prescribed whiting equalling the holder’s entitlement under the unit; or
(b)
if section 614J applies.
(2)
The unused entitlement of a holder’s T4-ITQ unit for a T4-ITQ year is the amount of (whole weight) whiting for the T4-ITQ unit that has not been taken for the ITQ year under any T4 fishery licence held by the T4-ITQ unit holder.
(3)
In this section—
(whole weight) whiting means the weight of prescribed whiting in kilograms.
sdiv 2 (ss 614H–614K) ins 2014 SL No. 328
s 12
614J
No carrying forward of unused entitlement
(1)
This section applies if in a T4-ITQ year a T4-ITQ unit holder or a person acting for the holder takes an amount of prescribed whiting for the T4-ITQ unit that is less than the total entitlements under the holder’s T4-ITQ units.
(2)
The holder is taken at the end of the T4-ITQ year to have used all the entitlements under the T4-ITQ units held by the holder for the T4-ITQ year.
sdiv 2 (ss 614H–614K) ins 2014 SL No. 328
s 12
614K
Particular notice is evidence of unused entitlement
(1)
This section applies if a T4-ITQ unit holder has obtained a written notice from the chief executive stating the amount of unused entitlement under the holder’s T4-ITQ units for a stated T4-ITQ year on a stated date.
(2)
The notice is evidence of the amount of unused entitlement under the T4-ITQ units for the stated T4-ITQ year on the stated date.
sdiv 2 (ss 614H–614K) ins 2014 SL No. 328
s 12
Subdivision 3
T4-ITQ unit certificates
sdiv 3 (ss 614L–614M) ins 2014 SL No. 328
s 12
614L
T4-ITQ unit certificates
A T4-ITQ unit certificate must state each of the following—
(a)
the certificate number;
(b)
the name of the person who holds the T4-ITQ units mentioned in the certificate;
(c)
that the certificate is issued for the taking of prescribed whiting in the fishery area under the licence;
(d)
the number of T4-ITQ units held by the person;
(e)
if the certificate is issued before 28 February 2015—that the T4-ITQ units are to be issued on that day;
(f)
if the chief executive has imposed conditions on the T4-ITQ units—the conditions;
(g)
if the chief executive has suspended any of the T4-ITQ units—
(i)
the number of T4-ITQ units suspended; and
(ii)
the period of the suspension.
sdiv 3 (ss 614L–614M) ins 2014 SL No. 328
s 12
614M
Evidentiary provision for T4-ITQ unit certificate
A T4-ITQ unit certificate is evidence of—
(a)
the number of T4-ITQ units held—
(i)
if the certificate is issued before 28 February 2015—on that day; or
(ii)
if the certificate is changed or replaced under section 614O—when the certificate is changed or replaced; or
(iii)
otherwise—when the certificate is issued; and
(b)
the conditions, if any, imposed on the T4-ITQ units.
sdiv 3 (ss 614L–614M) ins 2014 SL No. 328
s 12
Subdivision 4
Transfer of T4-ITQ units
sdiv 4 (ss 614N–614Q) ins 2014 SL No. 328
s 12
614N
Only whole T4-ITQ units may be transferred
A part of a T4-ITQ unit can not be transferred.
sdiv 4 (ss 614N–614Q) ins 2014 SL No. 328
s 12
614O
T4-ITQ unit certificate changes required
(1)
This section applies if under section 65B of the Act the chief executive registers the transfer of T4-ITQ units.
(2)
The chief executive must give effect to the transfer by doing any of the following—
(a)
changing, cancelling or replacing the transferor’s and transferee’s current T4-ITQ unit certificates;
(b)
issuing the transferee a new T4-ITQ unit certificate.
sdiv 4 (ss 614N–614Q) ins 2014 SL No. 328
s 12
614P
Entitlement of transferee
(1)
The entitlement of the transferee under T4-ITQ units transferred in a T4-ITQ year is as follows—
(a)
for that part of the T4-ITQ year after registration of the transfer—the entitlement of the transferor under the units immediately before the registration;
(b)
for a later T4-ITQ year—the entitlement the transferor would have had under the units at the beginning of the T4-ITQ year, as if the units had not been transferred.
(2)
For subsection (1)
(a), if part of the entitlement of the transferor under a transferred T4-ITQ unit has been used, the whole entitlement of the transferee under that unit is taken to have been used.
sdiv 4 (ss 614N–614Q) ins 2014 SL No. 328
s 12
614Q
Issue of fisher PIN for particular transferees
(1)
This section applies if—
(a)
the chief executive registers the transfer of T4-ITQ units; and
(b)
immediately before the transfer, the transferee did not hold—
(i)
T4-ITQ units; or
(ii)
another quota authority.
(2)
The chief executive must, immediately after the transfer is registered, issue the transferee a 4-digit identity number (also the fisher PIN) for the units.
Note—
See also schedule 11, part 2, definition fisher PIN.
sdiv 4 (ss 614N–614Q) ins 2014 SL No. 328
s 12
Subdivision 5
Change of PINs
sdiv 5 (ss 614R–614S) ins 2014 SL No. 328
s 12
614R
Change of unit PIN
(1)
The holder of T4-ITQ units may, by written notice, ask the chief executive to change the unit PIN for the units.
(2)
If the holder of T4-ITQ units gives the chief executive a notice under subsection (1), the chief executive must—
(a)
change the unit PIN for the units to another 4-digit identity number (the new unit PIN) decided by the chief executive; and
(b)
give the holder a written notice stating the new unit PIN.
(3)
The change of unit PIN takes effect when the notice mentioned in subsection (2)
(b) is given to the holder.
sdiv 5 (ss 614R–614S) ins 2014 SL No. 328
s 12
614S
Change of fisher PIN
(1)
The holder of T4-ITQ units may change the fisher PIN for the units by using the AIVR system.
(2)
The change of the fisher PIN for the units takes effect when the holder is given a transaction number by the AIVR system for the change.
sdiv 5 (ss 614R–614S) ins 2014 SL No. 328
s 12
Subdivision 6
Prescribed criteria for suspending and cancelling T4-ITQ units
sdiv 6 (ss 614T–614U) ins 2014 SL No. 328
s 12
614T
Criteria for suspending T4-ITQ units
(1)
This section prescribes criteria under section 68B
(3)
(b)
(i) of the Act for a court suspending T4-ITQ units under section 68B
(2) of the Act.
(2)
The prescribed criteria apply if, in a T4-ITQ year—
(a)
the T4-ITQ unit holder takes an amount of prescribed whiting for the T4-ITQ units that exceeds the holder’s total entitlements under the T4-ITQ units; or
(b)
any T4 fishery licence held by the T4-ITQ unit holder is suspended.
(3)
An appropriate suspension may be—
(a)
for subsection (2)
(a)—suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or
(b)
for subsection (2)
(b)—suspension for the T4-ITQ year of all the holder’s T4-ITQ units with unused entitlements.
s 614T ins 2014 SL No. 328
s 12
amd 2019 SL No. 71
s 59
sch 1
614U
Criteria for cancelling T4-ITQ units
(1)
This section prescribes criteria under section 68B
(3)
(b)
(i) of the Act for a court cancelling T4-ITQ units under section 68B
(2) of the Act.
(2)
The prescribed criteria apply if, in a T4-ITQ year, a T4-ITQ unit holder is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the holder’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).
(3)
An appropriate cancellation may be cancellation of the number of the holder’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the holder.
s 614U ins 2014 SL No. 328
s 12
amd 2019 SL No. 71
s 59
sch 1
Division 6
Conditions for T4-ITQ units
div hdg ins 2014 SL No. 328
s 12
Subdivision 1
Purpose
sdiv 1 (s 614V) ins 2014 SL No. 328
s 12
614V
Purpose of div 6
This division prescribes conditions for—
(a)
T4-ITQ units; and
(b)
if a commercial fisher is acting under T4-ITQ units held by another person—the fisher’s commercial fisher licence.
sdiv 1 (s 614V) ins 2014 SL No. 328
s 12
Subdivision 2
Interpretation
sdiv hdg ins 2014 SL No. 328
s 12
614W
Definitions for div 6
In this division—
authorised boat, for a T4-ITQ unit holder, means the primary boat under any of the T4 fishery licences held by the unit holder.
landing period see section 614ZA
(e)
(i).
landing place, for a prior notice, see section 614ZA
(c).
prescribed numerical code, for a place, means the sequence of numbers that—
(a)
may be used to identify the latitude and longitude coordinates for the place; and
(b)
is nominated by the chief executive and published on the department’s website.
prescribed person means each of the following—
(a)
the holder of T4-ITQ units;
(b)
a commercial fisher or an assistant fisher acting under T4-ITQ units held by another person.
prior notice means—
(a)
a notice given under section 614Z
(2); or
(b)
if a replacement prior notice is given under section 614ZB
(2), the replacement prior notice.
prior notice area means—
(a)
a defined port area; or
(b)
another area that is within 0.5n miles of a part of the State where landing of a boat is practicable.
prior notice deadline, for a prior notice, means the time the first of the authorised boats, for the holder of T4-ITQ units by or for whom the notice is given, enters the prior notice area.
prior notice particulars see section 614ZA.
unloaded fish notice see section 614ZK
(2).
unloading area, for a landing place mentioned in a prior notice, means—
(a)
if the landing place is within a defined port area—the defined port area; or
(b)
if the landing place is not within a defined port area—an area within 0.5n miles of the landing place.
unloading particular see section 614ZA
(d).
unnotifiable landing notice see section 614ZH
(2).
s 614W ins 2014 SL No. 328
s 12
614X
Notices to chief executive
The following notices must be given to the chief executive using the AIVR system or in another way approved by the chief executive—
(a)
a prior notice;
(b)
a replacement prior notice under section 614ZB
(2);
(c)
an amending notice under section 614ZC
(2);
(d)
a retained fish notice under section 614ZE
(1);
(e)
an unnotifiable landing notice;
(f)
an unloaded fish notice.
s 614X ins 2014 SL No. 328
s 12
amd 2016 SL No. 193
s 38
Subdivision 3
Requirements for taking or possessing prescribed whiting
sdiv 3 (s 614Y) ins 2014 SL No.328 s 12
614Y
Prescribed whiting to be taken or possessed only with unused T4-ITQ unit entitlements
A prescribed person may take prescribed whiting from, or possess prescribed whiting on, an authorised boat for a T4-ITQ unit holder in a T4-ITQ year only if the holder holds T4-ITQ units with unused entitlements for the T4-ITQ year.
sdiv 3 (s 614Y) ins 2014 SL No.328 s 12
Subdivision 4
Requirements for giving prior notice for permitted fish
sdiv 4 (ss 614Z–614ZC) ins 2014 SL No. 328
s 12
614Z
Requirement to give prior notice
(1)
This section applies if—
(a)
permitted fish are on an authorised boat for a T4-ITQ unit holder; and
(b)
an authorised boat for the holder enters a prior notice area; and
(c)
if the prior notice area is not a defined port area—it is proposed to land 1 or more authorised boats for the holder within the area.
(2)
The holder, or a person authorised by the holder, must give a prior notice to the chief executive before the prior notice deadline for the notice has ended.
sdiv 4 (ss 614Z–614ZC) ins 2014 SL No. 328
s 12
614ZA
Particulars to be stated in prior notice
A prior notice must state each of the following (the prior notice particulars)—
(a)
the current fisher PIN for the T4-ITQ units to which the notice relates;
(b)
the numerical part of the licence number of the T4 fishery licence to which the permitted fish the subject of the notice relate;
(c)
the prescribed numerical code or the latitude and longitude coordinates for the place (the landing place) at which any or all of the authorised boats, for the T4-ITQ unit holder by or for whom the notice is given, will be landed;
(d)
whether or not it is proposed to unload permitted fish from, or using, 1 or more of the authorised boats before the boats leave the unloading area for the landing place (the unloading particular);
(e)
the following information, if the person giving the prior notice is prompted by the AIVR system to enter it—
(i)
the estimated number of hours (the landing period), rounded to the nearest whole hour, between when the notice is given and when the authorised boats will land at the landing place;
(ii)
the total number of containers containing each of the following on all the authorised boats when the notice is given—
(A)
prescribed whiting;
(B)
yellowtail scad;
(C)
goatfish.
sdiv 4 (ss 614Z–614ZC) ins 2014 SL No. 328
s 12
614ZB
Requirement to give replacement prior notice if unloading particular changes
(1)
This section applies if—
(a)
a prior notice has been given by or for a T4-ITQ unit holder under section 614Z; and
(b)
the notice stated that permitted fish were not to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; and
(c)
the holder, or another person acting for the holder, proposes to unload permitted fish before the boats leave the unloading area.
(2)
The holder, or a person authorised by the holder, must give another prior notice (a replacement prior notice) to the chief executive before the prior notice deadline for the other notice has ended.
(3)
The replacement prior notice must state—
(a)
the prior notice particulars; and
(b)
that permitted fish will be unloaded before the boats leave the unloading area.
(4)
A replacement prior notice given under subsection (2) replaces the prior notice given under section 614Z.
s 614ZB ins 2014 SL No. 328
s 12
amd 2019 SL No. 71
s 59
sch 1
614ZC
Amendment or withdrawal of prior notice
(1)
This section applies if a prior notice has been given by or for a T4-ITQ unit holder.
(2)
If a prior notice particular, other than an unloading particular, for the notice changes, the holder, or a person authorised by the holder, may give the chief executive a notice (an amending notice) stating the changes.
(3)
An amending notice must be given before the amending notice deadline for the notice has ended.
(4)
Also, the holder, or a person authorised by the holder, may, by notice to the chief executive, withdraw the prior notice at any time before permitted fish are taken from any authorised boat for the holder.
(5)
A prior notice may be amended or withdrawn only under this section.
(6)
In this section—
amending notice deadline, for an amending notice, means—
(a)
if the amending notice changes the landing period or landing place mentioned in the prior notice—the earlier of the following times—
(i)
when the first of the authorised boats for the T4-ITQ unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(ii)
if the landing place mentioned in the prior notice is south of latitude 15º50.30' south—1 hour before the landing period mentioned in the prior notice ends; or
(b)
if the amending notice relates to the number of containers on all of the authorised boats—when the first of the authorised boats for the T4-ITQ unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice; or
(c)
for another amending notice—the earlier of the following times—
(i)
when the first of the authorised boats for the T4-ITQ unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(ii)
1 hour before the landing period mentioned in the prior notice ends.
sdiv 4 (ss 614Z–614ZC) ins 2014 SL No. 328
s 12
Subdivision 5
Requirements after prior notice of permitted fish
sdiv hdg ins 2014 SL No. 328
s 12
614ZD
General requirements after prior notice given
(1)
This section applies to the person in control of an authorised boat for the T4-ITQ unit holder (a relevant boat) that is proposed to be landed at the landing place mentioned in a prior notice.
(2)
The person must ensure that—
(a)
the relevant boat lands at the landing place no more than 1 hour before or after the landing period mentioned in the notice ends; and
(b)
when the authorised boat lands, the total number of each of the following on all the authorised boats for the holder is the same as the number stated in the prior notice or, having regard to the circumstances, is close to that number—
(i)
containers containing prescribed whiting;
(ii)
containers containing goatfish;
(iii)
containers containing yellowtail scad.
(3)
Also, if the relevant boat lands at the landing place before the landing period ends, the person must ensure the boat stays at the landing place until after the landing period has ended.
(4)
Subsection (2)
(a) does not apply if the relevant boat does not land at the landing place, or does not land within the landing period, mentioned in that subsection because of a reason beyond the control of the person.
(5)
In deciding whether a number is close under subsection (2)
(b), regard must be had to the degree of difficulty in counting the number of containers stated in the prior notice.
(6)
Subsection (3) does not require the person in control of the relevant boat to be on the boat after it has landed.
s 614ZD ins 2014 SL No. 328
s 12
614ZE
Requirement to give retained fish notice
(1)
The T4-ITQ unit holder, or a person authorised by the holder, must not allow an authorised boat for the holder to leave the unloading area for the landing place mentioned in a prior notice with permitted fish on the boat unless the holder or person has given the chief executive a notice (a retained fish notice) under this section.
(2)
The T4-ITQ unit holder or authorised person must give the retained fish notice within 1 hour before the authorised boat leaves or is proposed to leave the unloading area for the landing place.
(3)
The retained fish notice must state each of the following—
(a)
the current fisher PIN for the T4-ITQ units to which the notice relates;
(b)
the numerical part of the licence number of the T4 fishery licence to which the permitted fish the subject of the notice relate;
(c)
if the person giving the retained fish notice is prompted by the AIVR system to enter the transaction number for the prior notice in relation to which the retained fish notice is given—the transaction number;
(d)
the total number of containers containing each of the following that will be on all the authorised boats for the T4-ITQ unit holder immediately after the boats leave the unloading area for the landing place mentioned in the prior notice—
(i)
prescribed whiting;
(ii)
goatfish;
(iii)
yellowtail scad.
s 614ZE ins 2014 SL No. 328
s 12
amd 2016 SL No. 193
s 39
614ZF
Additional requirements if prior notice stated permitted fish will be unloaded
(1)
This section applies if a prior notice given by, or for, a T4-ITQ unit holder stated that permitted fish were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
A prescribed person must not take permitted fish from an authorised boat for the holder after the prescribed time unless—
(a)
all the permitted fish on all the authorised boats for the holder have been unloaded; and
(b)
an unloaded fish notice has been given, as required under section 614ZK, for the permitted fish that have been unloaded.
(3)
However, subsection (2)
(a) does not apply if the prescribed person has complied with section 614ZE.
(4)
If asked by an inspector after an authorised boat for the holder lands at the landing place, a prescribed person must tell the inspector—
(a)
the place (the unloading place) where the permitted fish on the authorised boats for the holder are to be unloaded; and
(b)
the estimated time (the unloading time) at which the permitted fish are to be unloaded.
(5)
If a prescribed person has informed an inspector of the unloading place and unloading time under subsection (4), the prescribed person must not unload, or allow to be unloaded, the permitted fish on the authorised boats other than at the unloading place and at the unloading time.
(6)
In this section—
prescribed time, in relation to a prior notice, means when the first of the authorised boats for the T4-ITQ unit holder enters the area within 0.5n miles of the landing place mentioned in the notice.
s 614ZF ins 2014 SL No. 328
s 12
Subdivision 6
Requirements for unloading permitted fish
sdiv hdg ins 2014 SL No. 328
s 12
614ZG
General requirement for unloading permitted fish
(1)
A prescribed person must not unload, or allow to be unloaded, permitted fish taken from an authorised boat for a T4-ITQ unit holder unless a prior notice given by or for the holder stated the permitted fish were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
However, subsection (1) does not apply if—
(a)
the prior notice was not given by or for the T4-ITQ unit holder for either of the following reasons—
(i)
all the relevant equipment on the authorised boats for the T4-ITQ unit holder—
(A)
was destroyed or made unusable during the notifying period by an unforeseeable and uncontrollable event; and
(B)
was not, and could not reasonably have been, replaced or made usable during the notifying period;
(ii)
the authorised boats for the T4-ITQ unit holder landed because of an unforeseeable and uncontrollable event and the notice could not be given because of the event; and
Examples of an unforeseeable and uncontrollable event—
extreme weather conditions, fire or medical emergency
(b)
the holder or a person authorised by the holder has given the chief executive an unnotifiable landing notice; and
(c)
the prescribed person did not, before the authorised unloading time—
(i)
move, or allow to be moved, the authorised boats to a place more than 200m from, or not visible to a person at, the landing place mentioned in the unnotifiable landing notice; or
(ii)
move, or allow to be moved, the permitted fish from the boats.
(3)
In this section—
authorised unloading time, for unloading permitted fish for which a prior notice has not been given, means—
(a)
if the person unloading the permitted fish has been given permission, by an inspector, to unload the permitted fish on or after a stated time—the stated time; or
(b)
otherwise—if the authorised boat containing the permitted fish is landed south of latitude 15º50.30' south—1 hour after the boat landed.
notifying period, in relation to a prior notice, means the period—
(a)
starting when the first of the authorised boats for the T4-ITQ unit holder who is required to give the prior notice leaves for a fishing trip; and
(b)
ending when the prior notice deadline for the notice has ended.
relevant equipment means equipment that can be used to—
(a)
use the AIVR system; or
(b)
contact a person who is on land or on a boat.
s 614ZG ins 2014 SL No. 328
s 12
amd 2016 SL No. 193
s 40
614ZH
Requirement to give unnotifiable landing notice
(1)
This section applies if a T4-ITQ unit holder or a person authorised by the holder—
(a)
proposes to unload, or allow to be unloaded, permitted fish taken from an authorised boat for the T4-ITQ unit holder; and
(b)
has not given a prior notice for a prescribed reason.
(2)
The T4-ITQ unit holder or authorised person must give a notice (an unnotifiable landing notice) to the chief executive immediately after the first of the boats lands.
(3)
The unnotifiable landing notice must state each of the following—
(a)
the current fisher PIN for the T4-ITQ units to which the notice relates;
(b)
the numerical part of the licence number for the T4 fishery licence to which the permitted fish the subject of the notice relate;
(c)
the prescribed numerical code or the latitude and longitude coordinates for—
(i)
the place at which the authorised boats to which the notice relates have been landed; and
(ii)
the place at which the permitted fish on the boats will be unloaded;
(d)
the total number of containers containing each of the following that are on the boats when the notice is given—
(i)
prescribed whiting;
(ii)
goatfish;
(iii)
yellowtail scad.
s 614ZH ins 2014 SL No. 328
s 12
614ZI
Additional requirements for unloading permitted fish if prior notice given
(1)
This section applies if a prior notice given by or for a T4-ITQ unit holder stated that permitted fish were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)
A prescribed person must not unload, or allow to be unloaded, the permitted fish unless section 614ZD has been complied with.
(3)
Also, a prescribed person may unload the permitted fish, or allow the permitted fish to be unloaded, only if—
(a)
the permitted fish are unloaded after the landing period mentioned in the prior notice has ended; and
(b)
the permitted fish are unloaded at 1 of the following places that is open for entry, under the Act, by an inspector—
(i)
the landing place mentioned in the prior notice;
(ii)
if the landing place is within a defined port area—another place within the defined port area;
(iii)
if the landing place is not within a defined port area—another place within 0.5n miles of the landing place.
(4)
However, subsection (3)
(a) does not apply if an inspector supervises the person unloading the permitted fish.
s 614ZI ins 2014 SL No. 328
s 12
amd 2019 SL No. 71
s 59
sch 1
614ZJ
Requirements for weighing unloaded permitted fish
(1)
This section applies if permitted fish taken by or for a T4-ITQ unit holder have been unloaded from, or using, an authorised boat for the holder.
(2)
The holder must weigh the permitted fish, or allow the fish to be weighed—
(a)
as soon as practicable after the fish have been unloaded; and
(b)
at a place that is open for entry, under the Act, by an inspector.
(3)
The weight of the permitted fish must be worked out using a scale that is verified or certified under the
National Measurement Act 1960 (Cwlth).
s 614ZJ ins 2014 SL No. 328
s 12
614ZK
Requirement to give unloaded fish notice
(1)
This section applies if permitted fish are—
(a)
taken from an authorised boat for a T4-ITQ unit holder; and
(b)
unloaded from, or using, the authorised boat.
(2)
The T4-ITQ unit holder, or a person authorised by the holder, must give a notice (an unloaded fish notice) to the chief executive—
(a)
as soon as practicable after the first time the permitted fish on the boat are unloaded from, or using, the boat; and
(b)
if the permitted fish are first unloaded by moving the boat carrying the fish to a place on land—as soon as practicable after the permitted fish are first moved from the boat or vessel.
(3)
Also, the T4-ITQ unit holder, or a commercial fisher acting for the holder, must retain possession of the permitted fish until the unloaded fish notice is given.
(4)
The unloaded fish notice must state each of the following—
(a)
the current fisher PIN for the T4-ITQ units to which the notice relates;
(b)
the numerical part of the licence number for the T4 fishery licence to which the permitted fish the subject of the notice relate;
(c)
if the person giving the unloaded fish notice is prompted by the AIVR system to enter the transaction number for a prior notice or unnotifiable landing notice given in relation to the permitted fish mentioned in the unloaded fish notice—the transaction number;
(d)
the weight of each of the following that were unloaded by or for the holder—
(i)
prescribed whiting;
(ii)
goatfish;
(iii)
yellowtail scad.
s 614ZK ins 2014 SL No. 328
s 12
Chapter 12
Protection of fish habitats and fisheries resources
Part 1
Declared fish habitat areas
Division 1
Declaration of fish habitat areas
615
Areas declared to be fish habitat areas
(1)
Subject to sections 616 to 619, each area shown on a plan (a fish habitat area plan) mentioned in schedule 3, column 1 is declared to be a fish habitat area.
(2)
Copies of fish habitat area plans are—
(a)
available for inspection, free of charge, during office hours on business days at the department's head office; and
(b)
published on the department’s website.
s 615 amd 2018 SL No. 179
s 3
sch 1
616
Areas included in declared fish habitat area
(1)
If, for an entry for a declared fish habitat area in schedule 3, column 1, an area is stated opposite the entry in schedule 3, column 2, as included in the declared fish habitat area, the declared fish habitat area includes the stated area.
(2)
Subsection (1) is subject to sections 617
(1)
(a) and 618.
(3)
Each declared fish habitat area shown on a fish habitat area plan mentioned in schedule 3, column 1 includes the unallocated State land or national park land that is within the outer boundary shown on the plan for the area.
(4)
Subsection (3) is subject to sections 617
(1)
(a) to (c) and 618.
s 616 amd 2010 SL No. 164
s 57
617
Areas excluded from declared fish habitat area
(1)
A declared fish habitat area excludes the following areas—
(a)
the area of a channel marked by aids to navigation;
(b)
if, for the entry for the declared fish habitat area in schedule 3, column 1, an area is stated opposite the entry in schedule 3, column 2, as excluded from the declared fish habitat area—the stated area;
(c)
if the fish habitat area plan for the declared fish habitat area states or shows an area is excluded from the declared fish habitat area—the stated or shown area;
(d)
if the declared fish habitat area is shown on a fish habitat area plan mentioned in schedule 3, column 1—land that is not unallocated State land or national park land within the outer boundary shown on the plan.
(2)
Subsection (1)
(d) is subject to section 616
(1).
s 617 amd 2010 SL No. 164
s 58
618
Particular cables and air space excluded from declared fish habitat area
(1)
A declared fish habitat area excludes a cable that—
(a)
is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and
(b)
is not in contact with land, water or a part of a plant in the area.
Examples of a cable—
an overhead electric line or telecommunication cable
(2)
Subsection (3) applies if—
(a)
a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and
(b)
under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.
(3)
The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal.
(4)
In this section—
proposal includes an application.
619
Interpretation of fish habitat area plans
(1)
Anything stated in schedule 3, column 2, or shown or written on a fish habitat area plan, about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.
(2)
A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan—
(a)
shows what forms the boundary; and
(b)
is only indicative of the current position of the boundary.
(3)
If a boundary shown on a fish habitat area plan has a gap in it, the boundary continues in a straight line across the gap to the nearest point of the boundary on the other side of the gap.
s 619 amd 2010 SL No. 164
s 59
Division 2
Prohibited activities in or affecting declared fish habitat areas
620
Person not to take bait using digging implement
(1)
A person must not in a declared fish habitat area take fish for bait by using a digging implement.
Maximum penalty—20 penalty units.
(2)
Subsection (1) does not apply to a person using a hand pump only for taking yabbies.
621
Person not to remove weeds etc.
(1)
A person must not do any of the following things in a declared fish habitat area—
(a)
remove weeds;
(b)
use a pesticide;
(c)
carry out biological control of a pest.
Maximum penalty—20 penalty units.
(2)
Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect a fish habitat in the declared fish habitat area.
Maximum penalty—20 penalty units.
(3)
However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.
(4)
In this section—
biological control, of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest.
fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’, published on the department’s website.
Note—
The code is also available for inspection during office hours on business days at the department’s head office.
pest means a pest or disease declared under a law of the State, the Commonwealth or another State.
s 621 amd 2018 SL No. 179
s 3
sch 1; 2019 SL No. 71
s 59
sch 1
Part 2
pt hdg om 2019 SL No. 71
s 59
sch 1
622
s 622 om 2019 SL No. 71
s 59
sch 1
623
Fisheries resources prescribed as noxious fisheries resources
s 623 om 2016 SL No. 75
s 129
sch 12
Part 3
Non-indigenous fisheries resources
pt hdg prev pt 3 hdg om 2016 SL No. 75
s 129
sch 12
pres pt 3 hdg (prev pt 4 hdg) renum 2016 SL No. 75
s 129
sch 12
624
Circumstances in which non-indigenous fisheries resources may be released—Act, s 90
For section 90
(2) of the Act, the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 9A, column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.
s 624 amd 2016 SL No. 75
s 129
sch 12
sub 2019 SL No. 71
s 38
Chapter 13
Fisheries offences and related matters
Part 1
Serious fisheries offences
625
Fisheries offences prescribed as serious fisheries offences—Act, sch 1
(1)
A fisheries offence constituted by any of the following in relation to the reef line commercial fishery is prescribed as a serious fisheries offence—
(a)
contravening the
Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA;
(b)
using a tender boat in a way that contravenes the
Great Barrier Reef Marine Park Regulations 2019 (Cwlth), regulation 45(3) or 46(2) or the repealed
Great Barrier Reef Marine Park Regulations 1983 (Cwlth), regulation 49(2) or 51;
(c)
entering or using a marine park in contravention of the
Marine Parks Act 2004
, section 43 or the
Marine Parks Regulation 2017
, section 135.
(2)
Also, a fisheries offence constituted by any of the following in relation to the east coast trawl fishery is prescribed as a serious fisheries offence—
(a)
contravening the
Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA;
(b)
entering or using a marine park in contravention of the
Marine Parks Act 2004
, section 43 or the
Marine Parks Regulation 2017
, section 135.
s 625 amd 2015 SL No. 12
s 25; 2016 SL No. 75
s 129
sch 12; 2017 SL No. 154
s 199
sch 7
sub 2019 SL No. 71
s 39
Part 1A
Prescribed criteria for suspending particular authorities
pt hdg ins 2012 SL No. 252
s 29
sub 2019 SL No. 71
s 40
625A
Application of part—Act, s 68B
For section 68B
(3)
(b)
(i) of the Act, this part prescribes criteria for a court suspending particular authorities.
s 625A ins 2012 SL No. 252
s 29
amd 2015 SL No. 12
s 26
sub 2019 SL No. 71
s 40
625B
Spent convictions not to be counted in deciding number of convictions
(1)
For this part, in deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.
(2)
In this section—
spent conviction means a conviction—
(a)
for which the rehabilitation period under the
Criminal Law (Rehabilitation of Offenders) Act 1986
has expired under that Act; and
(b)
that is not revived as prescribed by section 11 of that Act.
s 625B ins 2019 SL No. 71
s 40
625C
Criteria for suspending particular licences
(1)
This section applies in relation to a court that has convicted the holder of any of the following licences of a serious fisheries offence—
(a)
a commercial harvest fishery licence on which is written the fishery symbol ‘A1’ or ‘A2’;
(b)
a commercial fisher licence;
(c)
a commercial fishing boat licence.
(2)
An appropriate period of suspension may be—
(a)
for the licence holder’s first conviction—3 to 9 months suspension; or
(b)
for the licence holder’s second conviction—9 months to 5 years suspension; or
(c)
for the licence holder’s third or later conviction—5 years suspension.
s 625C ins 2019 SL No. 71
s 40
625D
Criteria for suspending effort units
(1)
This section applies in relation to a court that has convicted the holder of effort units of a serious fisheries offence.
(2)
An appropriate suspension may be suspension of a number of effort units that reduces the person’s total entitlement under the effort units in a way that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 625C.
Example for subsection (2)—
A holds a commercial fishing boat licence and effort units for the licence. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the effort units that entitles A to use the boat identified in A’s effort unit certificate for the licence for 3 to 9 months.
s 625D ins 2019 SL No. 71
s 40
Part 1B
Vessel tracking
pt hdg ins 2019 SL No. 41
Division 1
Preliminary
div hdg ins 2019 SL No. 41
625E
Definitions for part
In this part—
malfunction see section 80
(6) of the Act.
relevant authority see section 625F
(1).
relevant boat, for a relevant authority, see section 80
(1)
(b) of the Act and section 625F
(2).
relevant period means the period prescribed by section 625H.
vessel tracking standard means the document called ‘Vessel tracking installation and maintenance standard’ published on the department’s website.
Note—
The vessel tracking standard is also available for inspection during office hours on business days at the department’s head office.
working properly see section 80
(6) of the Act.
s 625E ins 2019 SL No. 41
Division 2
General matters
div hdg ins 2019 SL No. 41
625F
Authorities and boats in relation to which requirements apply
(1)
Section 80 of the Act applies in relation to each authority (a relevant authority) that has any of the following symbols written on it—
(a)
‘B1’;
(b)
‘M1’;
(c)
‘T1’, ‘T2’ or ‘T4’;
(d)
‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’;
(e)
‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’;
(f)
‘N1’, ‘N2’, ‘N3’, ‘N4’, ‘N10’, ‘N11’, ‘N12’ or ‘N13’;
(g)
‘C1’, ‘C2’ or ‘C3’.
(2)
For section 80 of the Act, each of the following boats is prescribed for a relevant authority (and under section 80
(1)
(b) is a relevant boat for the authority)—
(a)
if the authority is a commercial fishing boat licence—
(i)
the primary boat for the licence; and
(ii)
each tender boat with an engine power of more than 3kW authorised under the Act to be used under the licence;
(b)
otherwise—each boat authorised under the Act to be used under the authority.
s 625F ins 2019 SL No. 41
625G
Way equipment must be installed
For section 80
(2)
(a) of the Act, the way for installing the approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.
s 625G ins 2019 SL No. 41
625H
Periods during which equipment must be working properly
(1)
For section 80
(2)
(b) of the Act, each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2), is prescribed.
(2)
The period the relevant boat is used under the authority—
(a)
starts when the boat’s engine is started, whether on water or on land; and
(b)
ends when the earlier of the following happens—
(i)
the boat is removed from the water and its engine is stopped;
(ii)
the boat is taken to a landing place, its engine is stopped and all fish are unloaded from it.
s 625H ins 2019 SL No. 41
Division 3
Requirements if equipment malfunctions
div hdg ins 2019 SL No. 41
Subdivision 1
Preliminary
sdiv hdg ins 2019 SL No. 41
625I
Purpose and application of division
(1)
This division prescribes, for section 80
(4) of the Act, requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period.
(2)
The requirements are that—
(a)
the holder of the authority, or another person acting under the authority, has given a notice under section 625K; and
(b)
subdivision 2 is complied with.
s 625I ins 2019 SL No. 41
625J
Definitions for division
In this division—
approved person means a person who is identified as an approved person for installing approved vessel tracking equipment on a boat in the vessel tracking standard.
approved way, for giving a notice to the chief executive under this division, means the way—
(a)
approved by the chief executive; and
(b)
published on the department’s website.
landing place means—
(a)
a place used for landing a boat, including, for example, a marina berth, wharf or mooring; or
(b)
another place within 0.5n miles of a part of the State where landing of a boat is practicable.
s 625J ins 2019 SL No. 41
625K
Nominating an alternative way of communication
(1)
The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after the approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice) to the chief executive.
(2)
The boat communication notice must—
(a)
be given to the chief executive in the approved way; and
(b)
state an alternative way (an alternative way of communication) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.
(3)
The alternative way of communication—
(a)
must not involve the use of vessel tracking equipment; and
(b)
must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector.
Examples of alternative ways of communication—
a facsimile, mobile phone, radiophone or satellite phone
(4)
More than 1 alternative way of communication may be stated in a boat communication notice.
(5)
The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way) of communication.
(6)
A notice given to the chief executive under subsection (5) must be given in an approved way.
(7)
However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under subsection (5), the changed way of communication must not be used until the chief executive has advised the holder that the chief executive has received the notice.
s 625K ins 2019 SL No. 41
625L
Notices given by chief executive or inspector under division
The chief executive or an inspector may give a notice in relation to a relevant boat under this division—
(a)
orally in person; or
(b)
by an alternative way of communication stated in the boat communication notice given for the relevant boat under section 625K.
s 625L ins 2019 SL No. 41
Subdivision 2
Requirements if equipment malfunctions
sdiv hdg ins 2019 SL No. 41
625M
Application of subdivision
(1)
This subdivision applies if the person in control of a relevant boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.
(2)
Without limiting subsection (1), the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if—
(a)
the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or
(b)
the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.
s 625M ins 2019 SL No. 41
625N
Manual reporting requirement
(1)
The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive—
(a)
in the approved way; and
(b)
at the following intervals—
(i)
if the boat is being used in the east coast trawl fishery—every hour;
(ii)
otherwise—every 4 hours.
(2)
The requirement under subsection (1) continues to apply until the earlier of the following happens—
(a)
the relevant boat is taken to a landing place under section 625O or 625P;
(b)
the relevant period ends;
(c)
the approved vessel tracking equipment stops malfunctioning.
s 625N ins 2019 SL No. 41
625O
Requirement to take relevant boat to landing place—boat used under particular authority in major scallop area
(1)
This section applies in relation to the relevant boat if—
(a)
the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and
(b)
the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary (the major scallop area)—
•
from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east
•
to latitude 24º13.80' south, longitude 153º33.00' east
•
to latitude 24º42.00' south, longitude 153º16.20' east
•
to latitude 25º06.00' south, longitude 153º12.00' east
•
to latitude 25º18.00' south, longitude 152º43.20' east
•
to latitude 22º10.80' south, longitude 149º48.00' east.
(2)
The person in control of the relevant boat must—
(a)
stop the use of fishing apparatus from the boat; and
(b)
cause the boat to travel to a landing place as soon as practicable.
(3)
Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.
(4)
The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—
(a)
the approved vessel tracking equipment is working properly; and
(b)
it is unnecessary for the relevant boat to be taken to a landing place.
s 625O ins 2019 SL No. 41
625P
Requirement to take relevant boat to landing place—other circumstances
(1)
This section applies in relation to the relevant boat if section 625O does not apply in relation to it.
(2)
The person in control of the relevant boat must cause the boat to travel to a landing place within the following period—
(a)
5 days;
(b)
if the chief executive has given the person a notice allowing a longer period—the longer period.
(3)
Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.
(4)
The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—
(a)
the approved vessel tracking equipment is working properly; and
(b)
it is unnecessary for the relevant boat to be taken to a landing place.
s 625P ins 2019 SL No. 41
625Q
Further requirement if relevant boat taken to landing place
(1)
This section applies if the relevant boat is taken to a landing place under section 625O or 625P.
(2)
The person in control of the boat must not cause or allow the boat to be used for fishing unless—
(a)
the chief executive has given the person a notice that the approved vessel tracking equipment installed on the boat is in a condition that allows it to work properly; or
(b)
an approved person has given the chief executive or an inspector notice that the approved vessel tracking equipment installed on the boat is in a condition that allows it to work properly.
s 625Q ins 2019 SL No. 41
Part 2
Prescribed acts that must be done only by authority holders
626
Purpose of pt 2
This part prescribes, for section 82 of the Act, acts that must be done only by the holder of an authority.
627
Using boats
(1)
A person may use a primary boat or tender boat to take fish for trade or commerce only if the person—
(a)
is acting under an authority that authorises the person to take the fish; and
(b)
holds, or is acting under, a commercial fishing boat licence for the boat; and
(c)
is—
(i)
a commercial fisher; or
(ii)
an assistant fisher acting under the direction of a commercial fisher.
(2)
A person may use another type of boat to take fish for trade or commerce only if the person holds, or is acting under, an authority under which the boat may be used for taking fish for trade or commerce.
s 627 amd 2012 SL No. 252
s 30; 2013 SL No. 270
s 9
628
Conducting charter fishing trips in offshore waters
(1)
A person may conduct a charter fishing trip in offshore waters only if the person holds a charter fishing licence.
(2)
Despite subsection (1), a person acting under a charter fishing licence, other than the licence holder, does not unlawfully conduct a charter fishing trip in offshore waters only because the person is not the holder of the licence.
629
Taking fish for trade or commerce
(1)
A person may take fish for trade or commerce only if—
(a)
the person is acting under an authority that authorises the person to take the fish for trade or commerce; and
(b)
the person—
(i)
is a commercial fisher; or
(ii)
is an assistant fisher acting under the direction of a commercial fisher.
(2)
Despite subsection (1), a person, other than a person mentioned in subsection (1), who is acting under an authority authorising fish to be taken for trade or commerce, does not unlawfully take the fish only because the person is not a person mentioned in subsection (1).
s 629 amd 2012 SL No. 252
s 31
630
Carrying fish taken for trade or commerce
(1)
A person may use a boat, or allow a boat to be used, to carry fish taken for trade or commerce, only if the person holds a carrier boat licence or another authority allowing the use of the boat for carrying fish taken for trade or commerce.
(2)
Despite subsection (1), a person is not required to hold a carrier boat licence or other authority mentioned in subsection (1), for using a boat, or allowing a boat to be used for carrying—
(a)
dead fish, in Queensland waters north of latitude 17º 52' south (the relevant tropical waters), on—
(i)
a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1, 2 or 4 vessel; or
(ii)
an other Queensland regulated ship registered under the
Transport Operations (Marine Safety) Regulation 2016
; or
(b)
dead fish, other than regulated coral reef fin fish, on a commercial fishing boat in the relevant tropical waters; or
(c)
tropical rocklobster on a commercial fishing boat identified in a licence with the fishery symbol ‘R’ written on it; or
(d)
live mud crabs on a commercial fishing boat in Gulf of Carpentaria waters or relevant tropical waters.
s 630 amd 2008 SL No. 431
s 20; 2009 SL No. 61
s 32; 2013 SL No. 270
s 10; 2016 SL No. 154
s 253
sch 10
631
Buying Queensland fisheries resources before second point of sale
s 631 om 2009 SL No. 33
s 33
632
Selling Queensland fisheries resources before second point of sale
(1)
A person (a seller) may sell fisheries resources taken from Queensland waters only if the seller—
(a)
holds an authority that authorises the sale; and
(b)
gives the person buying the fisheries resources the number of the authority.
(2)
However, subsection (1) does not apply if—
(a)
the sale is authorised under chapter 7; or
(b)
the seller cultivated the fisheries resources in a way that was authorised under the
Planning Act
; or
(c)
the seller sells the fisheries resources after the resources have been sold by another person under subsection (1); or
(d)
the seller sells the fisheries resources after the resources have been bought from another person who cultivated the fisheries resources in a way that was authorised under the
Planning Act
.
s 632 amd 2009 SL No. 33
s 34; 2019 SL No. 71
s 59
sch 1
633
Processing Queensland fisheries resources before second point of sale
s 633 om 2009 SL No. 33
s 35
634
Releasing aquaculture fisheries resources
(1)
A person may release aquaculture fisheries resources into Queensland waters only if the person holds a general fisheries permit authorising the person to release the resources into the waters.
(2)
However, subsection (1) does not apply if—
(a)
the person releases the fisheries resources for carrying out fisheries development relating to aquaculture and the development is carried out in a way that is authorised under the
Planning Act
; or
(b)
the person releases the fisheries resources into private non-tidal waters and the fisheries resources belong to a population of a species that is indigenous to the area where they are released; or
(c)
the fisheries resources are mentioned in schedule 10C, part 2, column 2 and the person releases them into private non-tidal waters in the river basin mentioned opposite the resources in schedule 10C, part 2, column 1.
(3)
In this section—
private non-tidal waters means non-tidal waters, other than waters of a waterway, on privately owned land.
s 634 amd 2010 SL No. 35
s 17; 2019 SL No. 71
s 59
sch 1
635
Placement of fisheries resources cultivated other than for sale
(1)
This section applies to fisheries resources—
(a)
cultivated other than for sale; and
(b)
taken from an area, whether in or out of the State.
(2)
A person may place the fisheries resources in an area in the State only if the person holds an authority authorising the placement of the resources in the area.
636
Carrying out particular development in declared fish habitat area
(1)
This section applies for carrying out, in a declared fish habitat area, development mentioned in the
Planning Regulation 2017
, schedule 24, definition non-referable building work, paragraph (d).
(2)
A person may carry out the development in the declared fish habitat area only if the person holds a resource allocation authority authorising the person to interfere with the declared fish habitat area.
s 636 amd 2009 SL No. 280
s 77; 2017 SL No. 103
s 60; 2019 SL No. 71
s 53
sch 1
637
Collecting dead marine wood from unallocated State land
A person may remove, destroy or damage a marine plant if the marine plant is dead marine wood on unallocated State land and the removal, destruction or damage is for trade or commerce only if the person holds a resource allocation authority authorising the person to collect dead marine wood for trade or commerce from the land.
s 637 amd 2009 SL No. 280
s 78; 2017 SL No. 103
s 61
638
Non-indigenous fisheries resources
(1)
A person may do any of the following acts involving non-indigenous fisheries resources (each of which is a prescribed act) only if the person holds an authority authorising the act—
(a)
bring the fisheries resources or cause them to be brought into the State;
(b)
buy, possess or rear the fisheries resources;
(c)
release the fisheries resources, or cause them to be released, into Queensland waters;
(d)
sell the fisheries resources.
(2)
However, subsection (1) does not apply if the act involving the fisheries resources is authorised under the
Planning Act
.
(3)
Also, subsection (1)
(a) to (c) does not apply if—
(a)
the fisheries resources are fish mentioned in schedule 6, part 1; and
(b)
the fish are—
(i)
released into waters other than waters on unallocated State land; and
(ii)
kept in a way preventing their escape into other waters.
s 638 amd 2016 SL No. 75
s 129
sch 12; 2019 SL No. 71
s 59
sch 1
639
Noxious fisheries resources
s 639 om 2016 SL No. 75
s 129
sch 12
640
Entering, or taking particular oysters from, particular areas
(1)
A person may enter a marked licensed area or take a blacklip oyster or milky oyster from a marked licensed area only if the person—
(a)
holds a licence on which the area is stated; or
(b)
is nominated by the holder of a licence mentioned in paragraph (a).
(2)
In this section—
marked licensed area means an area—
(a)
stated on a licence with the fishery symbol ‘O’ written on it; and
(b)
that the licence holder, or the holder’s nominee, has identified, by using markers and signs, as the area to which the licence relates.
640A
Taking freshwater fish from prescribed stocked impoundment using fishing line
An adult may take a freshwater fish from a prescribed stocked impoundment using a fishing line only if the person holds a stocked impoundment permit.
s 640A ins 2010 SL No. 35
s 18
amd 2014 SL No. 282
s 14
Part 2A
Trafficking in priority fish
pt hdg ins 2019 SL No. 71
s 42
640B
Commercial quantity of priority fish
For the Act, section 89, definition commercial quantity, the quantity prescribed for each priority fish is—
(a)
the number or volume stated opposite the fish in schedule 4; or
(b)
if a number is stated opposite the fish in schedule 4 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent of that number stated opposite the fish in schedule 4.
s 640B ins 2019 SL No. 71
s 42
Part 3
Miscellaneous offences
641
Obstructing persons fishing under an authority
(1)
A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
(2)
A person must not disturb fish to prevent a commercial fisher, assistant fisher or someone else acting under an authority from taking them.
Maximum penalty—20 penalty units.
642
Particulars to be legible, visible and in English
(1)
This section applies if a person is required under this regulation, other than chapter 14, parts 1 to 5, to write or mark particulars in or on a document or other thing.
Examples—
•
markings on floats attached to fishing apparatus
•
markings on boats
(2)
The person must write or mark the particulars in or on the document or thing, legibly, visibly and in English.
Maximum penalty—20 penalty units.
(3)
Subsection (2) does not prevent a person writing or marking the particulars in another language in addition to English.
s 642 amd 2019 SL No. 71
s 59
sch 1
Part 4
Other matters
pt hdg ins 2008 SL No. 329
s 4
642A
Prescribed fishing apparatus—Act, s 14
(1)
For section 14
(3) of the Act, definition prescribed fishing apparatus, paragraph (b), a fish trap is a prescribed fishing apparatus.
(2)
In this section—
fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.
s 642A ins 2008 SL No. 329
s 4
642B
Prescribed waters—Act, s 14
For section 14
(3) of the Act, definition prescribed waters, paragraph (b), the following regulated waters are prescribed—
•
Coombabah Lake and Coombabah Creek
•
Swan Bay
•
Wolf Rock (grey nurse shark protection area)
•
Tinana Creek Barrage
•
Mary River Barrage
•
Burnett River Barrage
•
Kolan River Barrage
•
Keppel Bay (fishing)
•
Fitzroy River Barrage
•
Hook Island (fishing)
•
Yanks Jetty at Orpheus Island
•
Centenary Lakes, Cairns
•
Barron River (fishing)
•
Bizant River, Princess Charlotte Bay.
s 642B ins 2008 SL No. 329
s 4
amd 2008 SL No. 448
s 91
Chapter 14
Reporting
Part 1
Preliminary
643
Simplified outline of ch 14
In outline, this chapter provides for requirements about obtaining, keeping and giving information and documents as follows—
(a)
parts 2 to 5 provide for particular information requirements for section 118 of the Act and additional requirements for keeping and giving particular documents and information;
(b)
part 6 provides for keeping and using the AIVR system.
s 643 amd 2019 SL No. 71
s 43
Part 2
Requirements for persons acting under particular authorities
Division 1
Definitions
644
Definitions for pt 2
In this part—
authorised boat means—
(a)
for a holder of a commercial fishing boat licence—the primary boat identified in the licence; or
(b)
for a holder of another relevant authority—
(i)
a boat identified in the authority; or
(ii)
if a type of boat is identified in the authority—a boat of the type.
relevant authority means—
(a)
a commercial fishing boat licence or another authority that allows the holder of the authority to take or possess fish for trade or commerce; or
(b)
a charter fishing licence.
Division 2
Person other than relevant authority holder using authorised boat under relevant authority
645
Application of div 2
This division applies if—
(a)
the chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of an authorised boat for the holder; and
(b)
the authority holder is not the person in control of the boat on a day or a number of days (the relevant period) for which the boat is being used; and
(c)
another person is in control of the boat during the relevant period.
646
Information requirement for authority holder
The holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the authorised boat by—
(a)
giving the form personally to the person; or
(b)
ensuring the form is left on the boat for the person and telling the person where the form has been left.
647
Information requirements for person in control of authorised boat
The person in control of the authorised boat during the relevant period must—
(a)
keep the approved form for the relevant period; and
(b)
at the end of the relevant period, give the approved form to the authority holder by—
(i)
giving the form personally to the holder; or
(ii)
ensuring the form is left on the boat for the authority holder and telling the authority holder where the form has been left.
648
Additional requirements for person in control of authorised boat
(1)
The person in control of the authorised boat must also ensure the approved form is kept on the boat and is available for immediate inspection during the relevant period.
(2)
However, subsection (1) does not apply if—
(a)
the authorised boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and
(b)
the relevant period is 24 hours or less.
s 648 amd 2019 SL No. 71
s 44
Division 3
Person other than relevant authority holder fishing under authority
649
Application of div 3
This division applies if—
(a)
the chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and
(b)
the authority holder is not fishing under the authority on a day or a number of days (the relevant period); and
(c)
another person (the relevant person) is fishing under the authority during the relevant period.
650
Information requirement for relevant authority holder
The holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.
651
Information requirements for relevant person
The relevant person must—
(a)
keep the approved form for the relevant period; and
(b)
give the form to the authority holder as soon as practicable after the end of the relevant period.
652
Additional requirements for relevant person
The relevant person must also ensure the approved form is—
(a)
kept at the place where the person is fishing under the relevant authority; and
(b)
available for immediate inspection during the relevant period.
Part 3
Wholesale selling
Division 1
Preliminary
653
Application of pt 3
This part applies if—
(a)
fisheries resources are sold by a person (the seller) to another person (the buyer); and
(b)
the buyer—
(i)
is a person engaged in the business of selling fisheries resources by wholesale or retail; and
(ii)
intends to resell any of the fisheries resources for trade or commerce.
654
Meaning of relevant quantity particulars
(1)
The relevant quantity particulars are—
(a)
for abalone—the weight of the abalone; or
(b)
for regulated coral reef fin fish that are dead, the weight of the fish in any of the following forms—
(i)
whole;
(ii)
gilled and gutted;
(iii)
filleted;
(iv)
another form; or
(c)
for regulated coral reef fin fish that are alive, the number of the fish; or
(d)
for spanish mackerel, the weight of the spanish mackerel in any of the following forms—
(i)
whole;
(ii)
gilled and gutted;
(iii)
filleted;
(iv)
trunked;
(v)
another form; or
(e)
for fish of another species—the estimated quantity, by weight or number, of the fish.
(2)
For subsection (1)
(b) or (c), the weight or number of regulated coral reef fin fish, other than coral trout or redthroat emperor, must be recorded—
(a)
as a total weight or number for all species of the fish; or
(b)
as a weight or number for—
(i)
each individual species of the fish; or
(ii)
the fish in each group of species of fish mentioned in a part under schedule 5; or
(iii)
a combination of individual species and groups of species of the fish under subparagraphs (i) and (ii).
s 654 amd 2009 SL No. 61
s 33; 2011 SL No. 224
s 32
Division 2
General requirements
655
Information requirements for wholesale sale of fisheries resources
(1)
The seller must give to the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) signed by the seller that contains each of the following particulars—
(a)
the name of the buyer;
(b)
the buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer;
(c)
the name of the seller;
(d)
if the seller is acting under an authority—the number of the authority;
(e)
if the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval;
(f)
if paragraphs (d) and (e) do not apply—the address of the seller;
(g)
if the seller is an entity that is incorporated under the
Associations Incorporation Act 1981
and engages in stocking fish—the number of the entity’s certificate of incorporation;
(h)
the date of the sale to which the docket relates;
(i)
the relevant quantity particulars for each species of fish sold;
(j)
the estimated total quantity, by weight or number, of all fish sold;
(k)
the form in which the fish are sold.
Examples for paragraph (k)—
live, whole, or in fillets
(2)
The seller and buyer comply with subsection (1) if—
(a)
the buyer prepares a sale docket; and
(b)
the seller—
(i)
checks the sale docket; and
(ii)
if the seller is satisfied the sale docket is accurate and contains all of the particulars mentioned in subsection (1)—signs the sale docket.
(3)
In this section—
seafood food safety scheme means the seafood scheme under the
Food Production (Safety) Act 2000
.
s 655 amd 2009 SL No. 33
s 36; 2011 SL No. 236
s 2 sch; 2016 SL No. 193
s 41
656
Additional requirements for wholesale seller of fisheries resources
(1)
The seller must keep a copy of the sale docket for the sale of the fish for 5 years after the day the seller stops possessing the fish.
(2)
If the seller consigns fish to the buyer, the seller must ensure the consignment is accompanied by a copy of the sale docket for the sale of the fish.
s 656 sub 2009 SL No. 33
s 37
657
Additional requirements for wholesale buyer of fisheries resources
(1)
The buyer must keep the sale docket for the sale of the fish available for immediate inspection while the buyer possesses the fisheries resources, or part of the fisheries resources, to which the docket relates.
(2)
The buyer must keep a copy of the sale docket for the sale of the fish for 5 years after the day the buyer stops possessing the fish.
s 657 sub 2009 SL No. 33
s 37
Part 4
Abalone
658
Information requirements for processing abalone
(1)
This section applies to a person carrying on the business of processing abalone.
(2)
The person must keep a record in the approved form containing the following particulars for the abalone the person processes—
(a)
the person’s full name and usual address;
(b)
if the person is not the owner of the abalone—the full name and usual address of the owner;
(c)
the species of abalone processed;
(d)
the date of processing;
(e)
the weight of each species of abalone before processing;
(f)
the weight of each species of abalone after processing;
(g)
the way the abalone are processed.
(3)
The person must keep the record for 5 years after the day the abalone are processed.
(4)
In this section—
processing, abalone, includes doing any of the following to the abalone—
(a)
shelling;
(b)
filleting;
(c)
cooking;
(d)
preserving;
(e)
packing.
Part 5
Other particular fish
pt hdg sub 2015 SL No. 12
s 27
Division 1
Preliminary
div hdg sub 2015 SL No. 12
s 27
659
Application of pt 5
This part applies to the following fish (relevant fish)—
(a)
spanish mackerel;
(b)
regulated coral reef fin fish.
s 659 sub 2015 SL No. 12
s 27
Division 2
Importation
div hdg sub 2015 SL No. 12
s 27
660
Information requirements—relevant fish bought outside the State
(1)
This section applies if a person buys relevant fish outside the State and brings the fish into the State for trade or commerce.
(2)
The person must keep, in the approved form, a record of the particulars for the fish required for a sale docket under section 655.
(3)
The person must keep the record from the day the person brings the fish into the State until 5 years after the day the person stops possessing the fish.
s 660 sub 2015 SL No. 12
s 27
661
Information requirement—relevant fish taken outside relevant fishery area
(1)
This section applies if a person—
(a)
takes, for trade or commerce, relevant fish from Queensland waters other than waters within a relevant fishery area; and
(b)
unloads the fish in the State.
(2)
The person must keep, in the approved form, a record of the following information—
(a)
the date the person took the fish;
(b)
the number of the fish taken by the person.
(3)
The person must keep the record from immediately before the person unloads the fish in the State until 5 years after the day the person stops possessing the fish.
(4)
For subsection (1), a person conducting a charter fishing trip does not take relevant fish for trade or commerce only because the person takes the fish during the charter fishing trip.
(5)
In this section—
relevant fishery area means a fishery area mentioned in section 395, 403, 427 or 549.
s 661 sub 2015 SL No. 12
s 27
Division 3
Commercial carriage and storage
div hdg sub 2015 SL No. 12
s 27
662
Information requirements for commercial carriage of relevant fish
(1)
This section applies if a person in control of a boat or vehicle (a commercial carrier) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor) for trade or commerce.
(2)
However, this section does not apply if a sale docket accompanies the consignment of the relevant fish under section 656
(2).
(3)
The commercial carrier must keep a record of the following information in the approved form—
(a)
the name of the consignor;
(b)
the address of the place where the commercial carrier collected the fish;
(c)
the address of the place where the commercial carrier is to deliver the fish.
(4)
The commercial carrier must ensure that, while the fish are on board the boat or in the vehicle, the record is—
(a)
kept on board the boat or in the vehicle; and
(b)
available for immediate inspection.
s 662 sub 2015 SL No. 12
s 27
663
Records to be kept about commercial storage of relevant fish
(1)
This section applies if a person (the warehouse keeper) stores relevant fish at a place for another person (the consignor) for trade or commerce.
(2)
The warehouse keeper must—
(a)
keep a written record stating the name of the consignor; and
(b)
ensure that while the fish are stored at the place, the record is—
(i)
kept at the place; and
(ii)
available for inspection.
s 663 sub 2015 SL No. 12
s 27
amd 2019 SL No. 71
s 59
sch 1
664
Additional requirements for commercial carriage of spanish mackerel
s 664 om 2015 SL No. 12
s 27
665
Application of div 3
s 665 om 2015 SL No. 12
s 27
666
Information requirement for storage of spanish mackerel
s 666 om 2015 SL No. 12
s 27
667
Additional requirement for storage of spanish mackerel
s 667 om 2015 SL No. 12
s 27
Part 6
Automated interactive voice response system
Division 1
Preliminary
668
Purpose of pt 6
This part—
(a)
provides for the chief executive to establish and operate an automated interactive voice response system; and
(b)
states the requirements and procedures applying to the operation and use of the system.
Division 2
The AIVR system
669
Chief executive must establish and operate AIVR system
The chief executive must establish and operate an automated interactive voice response system (the AIVR system) for the following transactions—
(a)
a person giving information required to be given, under the Act, to the chief executive by using the AIVR system;
(b)
a person obtaining information required or authorised to be obtained, under the Act, from the chief executive by using the AIVR system;
(c)
a person changing a fisher PIN.
670
Requirements for AIVR system
(1)
The AIVR system must provide for—
(a)
keeping a record of each transaction carried out by a person using the system; and
(b)
giving a person using the system to carry out a transaction a number (a transaction number) to identify the transaction.
(2)
For subsection (1)
(a), a record of a transaction carried out by a person must include—
(a)
any information entered into the system by the person; and
(b)
any information given by the system to the person.
671
Record kept by AIVR system is evidence of particular information
A record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction.
672
Transaction number given by AIVR system is evidence of transaction
A transaction number given by the AIVR system for a transaction is evidence of the transaction.
Division 3
Using the AIVR system
673
Requirement to keep record of transaction number
A person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction.
674
Procedure if AIVR system not working properly
(1)
This section applies if—
(a)
a person (the user) is required or permitted under the Act to change a fisher PIN, or give or obtain other information, by using the AIVR system; and
(b)
the system is not working properly or at all.
(2)
The chief executive must ensure the system transfers the user’s telephone call to either of the following (each a nominated person)—
(a)
an officer or employee of the department;
(b)
a telecommunications service provider for the chief executive appointed by gazette notice.
(3)
If the user is transferred to a nominated person—
(a)
the nominated person must give the user a transaction number for the transaction; and
(b)
the chief executive must, within 14 days after the transaction, give the user a written notice stating the following—
(i)
any information given by the user to the nominated person;
(ii)
any information given by the nominated person to the user.
(4)
A transaction number given under subsection (3)
(a) is taken to have been given by the AIVR system.
(5)
A written notice given under subsection (3)
(b) including information mentioned in subsection (3)
(b)
(i) or (ii) is evidence of that information.
(6)
If the user is transferred to a nominated person and gives information to, or obtains information from, the nominated person, the user is taken to have complied with the requirement under the Act to give or obtain the information by using the AIVR system.
Part 7
pt hdg om 2019 SL No. 71
s 45
Division 1
div hdg om 2019 SL No. 71
s 45
675
s 675 amd 2018 SL No. 179
s 23
om 2019 SL No. 71
s 45
676
s 676 om 2019 SL No. 71
s 45
Division 2
div hdg om 2019 SL No. 71
s 45
677
s 677 amd 2018 SL No. 179
s 3
sch 1
om 2019 SL No. 71
s 45
678
s 678 om 2019 SL No. 71
s 45
679
s 679 om 2019 SL No. 71
s 45
680
s 680 om 2019 SL No. 71
s 45
Division 3
div hdg om 2019 SL No. 71
s 45
681
s 681 om 2019 SL No. 71
s 45
682
s 682 om 2019 SL No. 71
s 45
683
s 683 om 2019 SL No. 71
s 45
683A
s 683A ins 2010 SL No. 164
s 60
om 2019 SL No. 71
s 45
Division 4
div hdg om 2019 SL No. 71
s 45
Subdivision 1
sdiv hdg ins 2013 SL No. 270
s 11
om 2019 SL No. 71
s 45
684
s 684 amd 2009 SL No. 61
s 34; 2013 SL No. 270
s 12
om 2019 SL No. 71
s 45
685
s 685 amd 2009 SL No. 61
s 35
om 2019 SL No. 71
s 45
686
s 686 om 2019 SL No. 71
s 45
Subdivision 2
sdiv hdg ins 2013 SL No. 270
s 13
om 2019 SL No. 71
s 45
686A
s 686A ins 2013 SL No. 270
s 13
om 2019 SL No. 71
s 45
686B
s 686B ins 2013 SL No. 270
s 13
om 2019 SL No. 71
s 45
686C
s 686C ins 2013 SL No. 270
s 13
om 2019 SL No. 71
s 45
686D
s 686D ins 2013 SL No. 270
s 13
om 2019 SL No. 71
s 45
686E
s 686E ins 2013 SL No. 270
s 13
om 2019 SL No. 71
s 45
Part 8
pt hdg om 2019 SL No. 71
s 59
sch 1
687
s 687 om 2019 SL No. 71
s 59
sch 1
688
s 688 om 2019 SL No. 71
s 59
sch 1
689
s 689 om 2019 SL No. 71
s 59
sch 1
690
s 690 om 2019 SL No. 71
s 59
sch 1
691
s 691 om 2019 SL No. 71
s 59
sch 1
Chapter 15
Other matters relating to fisheries management
Part 1
Enforcement
Division 1
Inspectors
692
Persons who may be appointed inspectors
For section 140
(1)
(d) of the Act, the following persons may be appointed inspectors under the Act—
(a)
an employee of a local government;
(b)
a person with relevant knowledge of fisheries resources or fish habitat in a particular area;
Example for paragraph (b)—
a member of an entity engaged in stocking fish
(c)
a person appointed to enforce fisheries legislation, other than the Act.
Division 2
Matters prescribed for seizure of fisheries resources
693
Declared fisheries resources for seizure in a heap—Act, s 154
Fish of a species of regulated fish are declared to be fisheries resources to which section 154 of the Act applies.
694
Threshold percentage for declared fisheries resources—Act, s 154
The threshold percentage prescribed for declared fisheries resources under section 154 of the Act is—
(a)
generally—5%; or
(b)
if the
Fisheries Declaration 2019
, schedule 2 prescribes a threshold percentage for a particular species of fish—that threshold percentage.
s 694 sub 2009 SL No. 61
s 36
amd 2019 SL No. 71
s 59
sch 1
695
Forfeiture offences—Act, s 154
The offences under sections 77 and 78 of the Act are declared to be forfeiture offences to which section 154 of the Act applies.
Division 3
Evidentiary matters
696
Prescribed matters and equipment for certificates—Act, s 184
For section 184
(4)
(g) of the Act, the following matters are prescribed—
(a)
stated information, or a stated summary of information, from a document given to the chief executive under chapter 14, parts 2 to 5;
(b)
stated information, or a stated summary of information from a document given to the former Authority.
s 696 amd 2019 SL No. 71
s 59
sch 1
Part 2
Delegation
pt hdg sub 2019 SL No. 71
s 46
div 1 hdg om 2019 SL No. 71
s 46
div 2 hdg om 2019 SL No. 71
s 46
697
Prescribed entities for delegation of functions or powers—Act, s 222
(1)
For section 222
(1)
(b) of the Act, each of the following entities is prescribed—
(a)
the Queensland Rural and Industry Development Authority established under the
Rural and Regional Adjustment Act 1994
;
(b)
a government entity;
(c)
Australia Post;
(d)
an entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post.
Examples of an agreement or arrangement for paragraph (d)—
•
a licence
•
a franchise agreement
•
an arrangement for an entity to supply services that are ancillary to its other services
(2)
However, subsection (1)
(b), (c) and (d) applies only in relation to the chief executive’s power to issue a permit to take freshwater fish from a stocked impoundment by using a fishing line.
s 697 sub 2019 SL No. 71
s 46
698
s 698 om 2019 SL No. 71
s 46
699
s 699 om 2019 SL No. 71
s 46
700
s 700 amd 2008 SL No. 209
s 20
sch 2; 2008 SL No. 448
s 92; 2010 SL No. 35
s 5
sch 1; 2012 SL No. 252
s 6 sch; 2014 SL No. 282
s 15; 2016 SL No. 74
s 6
om 2019 SL No. 71
s 46
Part 3
Accepted development requirements
pt hdg sub 2017 SL No. 103
s 62
701
Purpose of pt 3
This part states, under section 32 of the Act, the documents that state the accepted development requirements for fisheries development that is accepted development.
Note—
See the
Planning Regulation 2017
, schedule 7, part 3 for how works done in accordance with the accepted development requirements affect the classification of the works.
s 701 sub 2017 SL No. 103
s 62
amd 2019 SL No. 71
s 59
sch 1
702
Requirements for material change of use of premises for aquaculture
The document called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive, states the accepted development requirements for a material change of use of premises for aquaculture.
s 702 amd 2009 SL No. 280
s 79
sub 2017 SL No. 103
s 62
703
Requirements for operational work for waterway barrier works
The document called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive, states the accepted development requirements for operational work for constructing or raising waterway barrier works.
s 703 amd 2009 SL No. 280
s 80
sub 2017 SL No. 103
s 62
704
Accepted development requirements for operational work within a declared fish habitat area
The document called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive, states the accepted development requirements for operational work within a declared fish habitat area.
s 704 amd 2008 SL No. 369
s 28; 2009 SL No. 280
s 81
sub 2017 SL No. 103
s 62
705
Accepted development requirements for operational work impacting on marine plants
The document called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive, states the accepted development requirements for the removal, destruction or damage of marine plants.
s 705 amd 2009 SL No. 280
s 82
sub 2017 SL No. 103
s 62
706
Accepted development requirements available for inspection
(1)
A document mentioned in this part is—
(a)
available for inspection by the public during office hours on business days at the department’s head office; and
(b)
published on the department’s website.
(2)
Also, a person may obtain a copy of the document, free of charge, from the department’s head office.
Note—
At the commencement, the department’s head office was at 41 George Street, Brisbane.
s 706 amd 2008 SL No. 369
s 29; 2009 SL No. 280
s 83
sub 2017 SL No. 103
s 62
707
Codes available for inspection
s 707 om 2017 SL No. 103
s 62
Part 4
Fees and allowances
Division 1
Fees for resource allocation authority and fish movement exemption notice
div hdg sub 2017 SL No. 103
s 63
707A
Definition for div 1
s 707A ins 2013 SL No. 27
s 3
om 2017 SL No. 103
s 64
708
Assessment fees for resource allocation authority or fish movement exemption notice
(1)
Schedule 8, parts 1 and 2 states the fees payable for a resource allocation authority and a fish movement exemption notice.
(2)
For schedule 8, parts 1 and 2, an application for a fish movement exemption notice or resource allocation authority requires a level 1, 2, 3, 4 or 5 assessment if the chief executive considers the application will reasonably require the relevant level of assessment having regard to each of the following—
(a)
the number of hours, and number of persons, that will be involved in assessing the application;
(b)
the complexity of assessing the development or activity the subject of the application against the Act;
(c)
the number of site inspections that will be required for assessing the application;
(d)
whether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application.
s 708 amd 2013 SL No. 27
s 4
sub 2017 SL No. 111
s 18
708A
Other fees relating to development under
Planning Act
s 708A ins 2017 SL No. 111
s 18
om 2017 SL No. 103
s 65
709
What is the relevant assessment fee for a development application or development approval change request
s 709 amd 2008 SL No. 314
s 24; 2009 SL No. 176
s 22; 2010 SL No. 268
s 9; 2011 SL No. 106
s 15; 2012 SL No. 92
s 23
sub 2013 SL No. 27
s 5
om 2017 SL No. 103
s 65
709A
What is the offset assessment fee for a development application
s 709A ins 2013 SL No. 27
s 5
om 2017 SL No. 103
s 65
709B
What is the level of assessment required for a development application or development approval change request
s 709B ins 2013 SL No. 27
s 5
om 2017 SL No. 103
s 65
710
Applicable fees if development application relates to more than 1 development
s 710 amd 2009 SL No. 176
s 23; 2010 SL No. 268
s 10; 2013 SL No. 27
s 6; 2014 SL No. 113
s 18; 2015 SL No. 57
s 18; 2016 SL No. 99
s 16
om 2017 SL No. 103
s 65
Division 2
Other fees
711
Other fees payable under the Act
(1)
The fees payable under the Act, other than the fees payable under division 1 are stated in schedule 9.
(2)
A fee stated in schedule 9, part 1 for a licence—
(a)
is in addition to any fee payable under schedule 9, part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and
(b)
for an annual fee—
(i)
is for each financial year in which the authority is held; and
(ii)
is payable in arrears in 2 payments at the end of each half of the financial year; and
(c)
is payable by the holder of the licence.
(3)
A fee stated in schedule 9, part 2 for a fishery symbol or quota authority—
(a)
is an annual fee for each financial year in which—
(i)
for a fee for a fishery symbol—the fishery symbol is written on an authority held by a person; or
(ii)
for a fee for a quota authority—the authority is held; and
(b)
is payable in arrears in 2 payments at the end of each half of the financial year; and
(c)
is payable by the holder of—
(i)
for a fee for a fishery symbol—the authority on which the fishery symbol is written; or
(ii)
for a fee for a quota authority—the authority.
(4)
A fee stated in schedule 9, part 2 for a fishery symbol—
(a)
is for each fishery symbol of that type written on an authority held by a person; and
(b)
if the fee includes a reference to a unit or area, is for each unit or area to which the fishery symbol relates.
(5)
A fee stated in schedule 9, part 2 for a quota authority is for each quota authority of that type held by a person.
(6)
If an authority is held by a person, or a fishery symbol is written on an authority held by a person, for only part of a financial year, the annual fee payable for the authority or fishery symbol for that financial year is the proportion of the annual fee stated in schedule 9, part 1 or 2 attributable to the number of whole or part months for which the authority is held, or the fishery symbol is written on the authority held, by the person.
(7)
An amount of a fee stated in schedule 9 that is not paid as required under this section may be recovered by the State as a debt.
(8)
If, under schedule 9, a fee for a matter is stated to be at reasonable cost, but no more than actual cost—
(a)
the chief executive must decide the amount the chief executive considers is the likely reasonable cost for the matter; and
(b)
if the actual cost of deciding the matter or doing the thing to which the fee relates is less than the fee paid, the chief executive must refund to the person who pays the fee the difference between the fee paid and the actual cost.
(9)
In this section—
holder, of a licence or other authority, does not include a person who holds the licence or other authority because of a temporary transfer.
s 711 amd 2009 SL No. 176
s 24; 2009 SL No. 213
s 27; 2011 SL No. 236
s 21; 2019 SL No. 71
s 47
712
Chief executive may waive or refund a fee
(1)
This section applies for waiving or refunding fees stated in schedule 8, part 1 or schedule 9.
(2)
The chief executive may—
(a)
waive the payment of a fee for a person; or
(b)
refund the whole, or a part of, a fee paid by a person.
Examples—
1
The chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application.
2
The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.
Division 3
Allowances
div hdg om 2009 Act No. 24
s 536
713
Witness fees for persons appearing before the tribunal—Act, s 194
s 713 amd 2009 SL No. 183
s 26
om 2009 Act No. 24
s 536
Chapter 16
Repeal and transitional provisions
Part 1
Repeal provision
714
Repeal
The Fisheries Regulation 1995, SL No. 325 is repealed.
Part 2
Transitional provisions
Division 1
Transitional provisions for original regulation
div hdg sub 2008 SL No. 448
s 93
Subdivision 1
Definitions
sdiv hdg ins 2008 SL No. 448
s 93
715
Definitions for div 1
In this division—
commencement means 1 April 2008.
former schedule 5B means the repealed regulation, schedule 5B, as in force immediately before the schedule expired.
repealed regulation means the repealed
Fisheries Regulation 1995
.
s 715 amd 2008 SL No. 448
s 94
Subdivision 2
General transitional provisions
sdiv hdg ins 2008 SL No. 448
s 95
716
References to repealed regulation
In a document, a reference to a particular provision (the old provision) of the repealed regulation is, if the context permits, taken to be a reference to any provision of this regulation that corresponds, or substantially corresponds, to the old provision.
717
References to former scientific names for species of fish
(1)
This section applies if—
(a)
the scientific name for a species of fish stated in schedule 5 (the current scientific name) is different from the scientific name for the species of fish under schedule 16A of the repealed regulation (the former scientific name); or
(b)
the scientific name for a species of fish stated in schedule 6 (also the current scientific name) is different from the scientific name for the species of fish under schedule 16 of the repealed regulation (also the former scientific name).
(2)
A reference in a document to the former scientific name for the species of fish may, if the context permits, be taken to be a reference to the current scientific name for the species of fish.
(3)
In this section—
species includes another taxonomic grouping.
Subdivision 3
Authorities
sdiv hdg ins 2008 SL No. 448
s 95
718
Authorities continue
(1)
This section applies to an authority prescribed under the repealed regulation and in force immediately before the commencement.
(2)
The authority is taken to be an authority of the same type under this regulation.
719
Nominees under particular authorities continue
(1)
This section applies if a person—
(a)
was nominated under a provision of schedule 15 of the repealed regulation as a nominee for acting under an authority in a commercial fishery mentioned in that schedule; and
(b)
the person was a nominee for acting under the authority in the fishery immediately before the commencement.
(2)
On the commencement, the person is taken to have been nominated for acting under the authority in the commercial fishery under the relevant fishery provision relating to the authority.
720
Licences for boats longer than permitted length
(1)
Despite section 254, the chief executive may issue a licence with a fishery symbol on it allowing the use in a commercial fishery of a boat that is longer than the length permitted under a fishery provision about the fishery if—
(a)
the boat is a replacement for a boat identified in another licence; and
(b)
the other licence—
(i)
was in force immediately before 1 December 1995; and
(ii)
has the fishery symbol on it.
Editor’s note—
section 254 (Restriction on writing fishery symbols on licences allowing the use of boats of particular lengths in commercial fisheries)
(2)
This section stops applying on 1 July 2010.
s 720 amd 2010 SL No. 164
s 61
Subdivision 4
Particular fees
sdiv hdg ins 2008 SL No. 448
s 95
721
Fees payable for fishery symbols and authorities for 2007–2008 financial year
(1)
This section applies to the fees stated in the repealed regulation, schedule 10, table 1, under the column headed ‘2007–2008 financial year’.
(2)
Despite the repeal of the repealed regulation, the following provisions of that regulation continue to apply for the payment of the fees as if the repealed regulation had not been repealed—
(a)
section 112;
(b)
schedule 10, table 1, column headed ‘2007–2008 financial year’.
Subdivision 5
SM units
sdiv hdg ins 2008 SL No. 448
s 95
722
Saving of operation of pt 13, div 3 of repealed regulation
The repealed regulation, part 13, division 3—
(a)
is a law to which the
Acts Interpretation Act 1954
, section 20A applies; and
(b)
continues to apply to the things mentioned in it as if it had not been repealed.
Editor’s note—
part 13 (Transitional and savings provisions), division 3 (Savings provisions for former schedule 5B) of the repealed regulation
s 722 AIA s 20A applies (see s 722(a))
723
SM units continue
(1)
This section applies if—
(a)
before the commencement, an SM unit was issued under former schedule 5B, part 3 or the part as applied under part 13, division 3, of the repealed regulation; and
(b)
the SM unit was in force immediately before the commencement.
(2)
This section also applies if, on or after the commencement, an SM unit is issued under former schedule 5B, part 3, as applied under part 13, division 3, of the repealed regulation.
(3)
The SM unit is continued as an SM unit under this regulation.
724
SM unit certificates continue
(1)
This section applies if—
(a)
before the commencement, an SM unit certificate was—
(i)
issued under former schedule 5B, section 49
(8), or the provision as applied under section 124
(2) of the repealed regulation; or
(ii)
issued under section 25I of the repealed regulation; or
(iii)
issued under a provision mentioned in subparagraph (i) or (ii) and replaced under section 71 of the Act or changed or replaced under section 25O of the repealed regulation; and
(b)
the certificate was in force immediately before the commencement.
(2)
This section also applies if, on or after the commencement, an SM unit certificate is issued under former schedule 5B, section 49
(8) as applied under section 124
(2) of the repealed regulation.
(3)
The SM unit certificate is an SM unit certificate under this regulation.
725
Fisher PINs for SM units continue
(1)
This section applies if—
(a)
before the commencement, a fisher PIN was—
(i)
issued for SM units under section 25QA
(2) of the repealed regulation or former schedule 5B, section 49A
(2) or that provision as applied under part 13, division 3 of the repealed regulation; or
(ii)
changed under section 25V of the repealed regulation; and
(b)
the fisher PIN as issued or changed was the fisher PIN for the SM units immediately before the commencement.
(2)
This section also applies if, on or after the commencement, a fisher PIN is issued for SM units under former schedule 5B, section 49
(8)
(a)
(ii) as applied under part 13, division 3 of the repealed regulation.
(3)
The fisher PIN is the fisher PIN for the SM units under this regulation.
726
Unit PINs for SM units continue
(1)
This section applies if—
(a)
before the commencement, a unit PIN was—
(i)
issued for SM units under former schedule 5B, section 49
(8)
(a)
(ii) or that provision as applied under part 13, division 3 of the repealed regulation; or
(ii)
changed under section 25U of the repealed regulation; and
(b)
the unit PIN as issued or changed was the unit PIN for the SM units immediately before the commencement.
(2)
This section also applies if, on or after the commencement, a unit PIN is issued for SM units under former schedule 5B, section 49
(8)
(a)
(ii) as applied under part 13, division 3 of the repealed regulation.
(3)
The unit PIN is the unit PIN for the SM units under this regulation.
727
Declaration of SM unit entitlement for 2009–2010 SM year
(1)
To remove any doubt, it is declared that the entitlement under an SM unit was 1kg (whole weight) spanish mackerel for the SM year from 1 July 2009 to 30 June 2010 (the 2009–2010 SM year).
(2)
Also, to remove any doubt, it is declared that, despite former section 727—
(a)
the entitlement of an SM unit for the 2009–2010 SM year is taken never to have been required to be worked out otherwise than under subsection (1); and
(b)
the chief executive is taken never to have been required to give an SM unit holder a written notice about the entitlement of an SM unit for the 2009–2010 SM year worked out otherwise than under subsection (1).
(3)
In this section—
former section 727 means section 727 as it was in force before 1 July 2010.
Editor’s note—
former section 727 (Reduction in entitlement of SM units)
s 727 sub 2010 SL No. 164
s 62
Division 2
Transitional provisions for the
Fisheries Amendment Regulation (No. 5) 2008
div hdg prev div 2 hdg om 2008 SL No. 448
s 95
pres div 2 hdg ins 2008 SL No. 448
s 96
Subdivision 1
Movement of fishery symbols from affected licences
sdiv hdg ins 2008 SL No. 448
s 96
728
Definitions for sdiv 1
In this subdivision—
affected licence means a licence on which is written—
(a)
the fishery symbol ‘N1’; and
(b)
a relevant fishery symbol.
licence means a commercial fishing boat licence.
relevant fishery symbol means the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’,‘K8’ or ‘N2’.
remaining fishery symbol means a fishery symbol that is neither the fishery symbol ‘N1’ nor a relevant fishery symbol.
s 728 ins 2008 SL No. 448
s 96
729
Temporary restriction on moving ‘N1’ fishery symbol from affected licence
(1)
The fishery symbol ‘N1’ can not be moved from an affected licence to a licence on which is written a remaining fishery symbol.
(2)
However, subsection (1) does not prevent the movement of the fishery symbol ‘N1’ to a licence on which a remaining fishery symbol is written if a relevant fishery symbol is also written on the licence.
(3)
This section stops applying on 2 July 2009.
s 729 ins 2008 SL No. 448
s 96
730
Temporary restriction on moving relevant fishery symbol from affected licence
(1)
A relevant fishery symbol can not be moved from an affected licence to a licence on which is written—
(a)
a relevant fishery symbol; or
(b)
a remaining fishery symbol.
(2)
However, subsection (1)
(b) does not prevent the movement of a relevant fishery symbol to a licence on which a remaining symbol is written if the fishery symbol ‘N1’ is also written on the licence.
(3)
This section stops applying on 2 July 2009.
s 730 ins 2008 SL No. 448
s 96
731
Combined movement of ‘N1’ with relevant fishery symbol not prevented
(1)
Sections 729 and 730 do not prevent the movement of the ‘N1’ fishery symbol with a relevant fishery symbol from an affected licence to a licence on which—
(a)
a remaining fishery symbol is written; and
(b)
a relevant fishery symbol is not written.
(2)
This section applies despite sections 729 and 730.
s 731 ins 2008 SL No. 448
s 96
732
Undecided relevant movement application
(1)
This section applies if—
(a)
a relevant movement application was made before the commencement of this section; and
(b)
the application has not been decided.
(2)
Sections 729 and 730 do not apply for deciding the application.
(3)
In this section—
relevant movement application means a fishery symbol movement application to which, other than for this section, section 729 or 730 would apply.
s 732 ins 2008 SL No. 448
s 96
733
Removal of ‘N1’ fishery symbol from affected licence
(1)
The fishery symbol ‘N1’ is taken to have been removed from each affected licence.
(2)
This section stops applying on 2 July 2009.
s 733 ins 2008 SL No. 448
s 96
Subdivision 2
Fees for fishery symbols ‘N5’ and ‘N7’
sdiv hdg ins 2008 SL No. 448
s 96
734
Fees continue to be payable for ‘N5’ and ‘N7’ fishery symbols for 2008–2009 financial year
(1)
This section applies to a licence on which the fishery symbol ‘N5’ or ‘N7’ was written immediately before the commencement of this section.
(2)
The relevant former fee provisions of the pre-amended regulation continue to apply for paying the fee for the fishery symbol on the licence for the 2008–2009 financial year as if the pre-amended regulation had not been amended.
(3)
In this section—
pre-amended regulation means this regulation as it was in force immediately before the commencement of this section.
relevant former fee provisions means schedule 9, table 1, under the heading ‘Commercial line fisheries’, entries for items 11 or 13, under the column headed ‘2008–2009 financial year’.
s 734 ins 2008 SL No. 448
s 96
Division 3
Transitional provisions for
Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2009
div hdg prev div 3 hdg om 2008 SL No. 448
s 95
pres div 3 hdg ins 2009 SL No. 33
s 38
735
Applications for buyer licence
(1)
Despite section 205
(a), the chief executive may not issue a buyer licence after the commencement of this section.
(2)
Subsections (3) and (4) apply to an application for the issue of a buyer licence if—
(a)
the application was made before the commencement of this section; and
(b)
the application has not been decided on the commencement.
(3)
The application is taken to have lapsed.
(4)
The chief executive must refund the fee accompanying the application.
s 735 ins 2009 SL No. 33
s 38
736
Buyer licence fees for accreditation holders under seafood food safety scheme
(1)
This section applies to the holder of a buyer licence if the holder is granted an accreditation under the seafood food safety scheme before 1 January 2010.
(2)
If the accreditation is granted between the commencement of this section and 30 September 2009, the fee under schedule 9, table 3, is not payable for the buyer licence by the holder for the period from the commencement to 31 December 2009.
(3)
If the accreditation is granted between 1 October 2009 and 31 December 2009, the fee under schedule 9, table 3, is not payable for the buyer licence by the holder for the period from 1 October 2009 to 31 December 2009.
(4)
From the day the accreditation is granted, the buyer licence is taken to be no longer in force.
(5)
In this section—
accreditation means an accreditation granted under the
Food Production (Safety) Act 2000
, part 5.
seafood food safety scheme means the seafood food safety scheme under the
Food Production (Safety) Act 2000
.
s 736 ins 2009 SL No. 33
s 38
Division 4
Transitional provisions for
Fisheries and Other Legislation Amendment and Repeal Regulation (No. 1) 2010
div hdg prev div 4 hdg om 2008 SL No. 448
s 95
pres div 4 hdg ins 2010 SL No. 35
s 19
Subdivision 1
Preliminary
sdiv hdg ins 2010 SL No. 35
s 19
737
Definitions for div 4
In this division—
commencement means the commencement of this section.
repealed freshwater plan means the repealed
Fisheries (Freshwater) Management Plan 1999
.
repealed spanner crab plan means the repealed
Fisheries (Spanner Crab) Management Plan 1999
.
s 737 ins 2010 SL No. 35
s 19
Subdivision 2
Stocked impoundment permits
sdiv hdg ins 2010 SL No. 35
s 19
738
Stocked impoundment permits continue
(1)
This section applies if—
(a)
before the commencement, a stocked impoundment permit was issued under section 44 of the repealed freshwater plan; and
(b)
the permit was in force immediately before the commencement.
(2)
The permit is continued as a stocked impoundment permit under this regulation until the end of the term stated in it, unless it is sooner cancelled or suspended.
(3)
A reference in this regulation to a stocked impoundment permit is taken to include a reference to a stocked impoundment permit continued under this section.
s 738 ins 2010 SL No. 35
s 19
739
Undecided applications for stocked impoundment permits
(1)
This section applies if, before the commencement—
(a)
a person applied for the issue of a stocked impoundment permit under the repealed freshwater plan; and
(b)
the application was not decided.
(2)
The application is taken to be an application for the issue of a stocked impoundment permit under this regulation.
s 739 ins 2010 SL No. 35
s 19
740
References to repealed provision in particular documents
A reference to section 44 of the repealed freshwater plan in a stocked impoundment permit or stocked impoundment permit book is taken, if the context permits, to be a reference to section 204
(c) of this regulation.
s 740 ins 2010 SL No. 35
s 19
Subdivision 3
Licences for eel fishery
sdiv hdg ins 2010 SL No. 35
s 19
741
Licences continue
(1)
This section applies to a commercial harvest fishery licence on which is written the fishery symbol ‘E’ that was in force immediately before the commencement.
(2)
The licence is taken to be a licence of the same type under this regulation.
s 741 ins 2010 SL No. 35
s 19
742
Approved nominees under eel licences continue
(1)
This section applies if immediately before the commencement the person was an approved nominee of the holder of an eel licence for a period under section 47A of the repealed freshwater plan.
(2)
On the commencement, the approval is continued under section 310F until the end of the period for which it was granted, unless it is sooner cancelled.
s 742 ins 2010 SL No. 35
s 19
743
Undecided applications for approval of nominee
(1)
This section applies if, before the commencement—
(a)
an eel licence holder applied under section 47A of the repealed freshwater plan for someone else to be the holder’s approved nominee under the repealed freshwater plan; and
(b)
the application was not decided.
(2)
The application is taken to be an application for the approval of the nominee under section 310F.
s 743 ins 2010 SL No. 35
s 19
744
Refused applications for approval of nominee
(1)
This section applies if, before the commencement—
(a)
an eel licence holder applied under section 47A of the repealed freshwater plan for someone else to be the holder’s approved nominee under the plan; and
(b)
the chief executive decided to refuse the application under section 47A
(4) of the plan; and
(c)
either—
(i)
the period in which the licence holder may appeal against the decision has not expired; or
(ii)
the licence holder started an appeal and the appeal has not been decided.
(2)
The decision to refuse the application is taken to be a decision under section 310F
(4).
s 744 ins 2010 SL No. 35
s 19
Subdivision 4
Licences for commercial spanner crab fisheries
sdiv hdg ins 2010 SL No. 35
s 19
745
Licences continue
(1)
This section applies to a commercial fishing boat licence—
(a)
that was in force immediately before the commencement; and
(b)
on which the fishery symbol ‘C2’ or ‘C3’ is written.
(2)
The licence is taken to be a licence of the same type under this regulation.
s 745 ins 2010 SL No. 35
s 19
Subdivision 5
ITQ units
sdiv hdg ins 2010 SL No. 35
s 19
746
ITQ units continue
(1)
This section applies if—
(a)
before the commencement, an ITQ unit was issued under part 10, division 1 of the repealed spanner crab plan; and
(b)
the unit was in force immediately before the commencement.
(2)
The ITQ unit is continued as an ITQ unit under this regulation.
s 746 ins 2010 SL No. 35
s 19
747
ITQ unit certificates continue
(1)
This section applies if—
(a)
before the commencement, an ITQ unit certificate was—
(i)
issued under section 30 of the repealed spanner crab plan; or
(ii)
issued under section 30 of the plan and either—
(A)
changed or replaced under section 31 of the plan; or
(B)
replaced under section 71 of the Act; and
(b)
the certificate was in force immediately before the commencement.
(2)
The ITQ unit certificate is an ITQ unit certificate under this regulation.
s 747 ins 2010 SL No. 35
s 19
Division 5
Transitional provisions for
Fisheries Legislation Amendment and Repeal Regulation (No. 1) 2011
div hdg prev div 5 hdg om 2008 SL No. 448
s 95
pres div 5 hdg ins 2011 SL No. 236
s 22
748
Definitions for div 5
In this division—
commencement means the commencement of this section.
repealed Gulf plan means the repealed
Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999
.
s 748 ins 2011 SL No. 236
s 22
749
Licences continue
(1)
This section applies to a commercial fishing boat licence—
(a)
that was in force immediately before the commencement; and
(b)
on which is written the fishery symbol ‘N3’, ‘N9’ or ‘N11’.
(2)
The licence is taken to be a licence of the same type under this regulation.
s 749 ins 2011 SL No. 236
s 22
750
References to repealed Gulf plan
In a document, a reference to a particular provision (the old provision) of the repealed Gulf plan may, if the context permits, be taken to be a reference to any provision of this regulation that corresponds, or substantially corresponds, to the old provision.
s 750 ins 2011 SL No. 236
s 22
Division 6
Transitional provisions for Fisheries Amendment Regulation (No. 2) 2014
div 6 (ss 751–753) ins 2014 SL No. 328
s 13
751
Period of T4-ITQ year for 2015
(1)
The T4-ITQ year for 2015 starts on 1 April and ends on 31 December.
(2)
Subsection (1) applies despite schedule 11, part 2, definition T4-ITQ year.
div 6 (ss 751–753) ins 2014 SL No. 328
s 13
752
Total annual quota of prescribed whiting for 2015 T4-ITQ year
For the T4-ITQ year for 2015—
(a)
the total annual quota of prescribed whiting that may be taken in the commercial trawl fishery (fin fish) under all T4 fishery licences is 1,150,000kg; and
(b)
section 614A does not apply.
div 6 (ss 751–753) ins 2014 SL No. 328
s 13
753
Annual quota of goatfish and yellowtail scad for 2015 T4-ITQ year
(1)
This section applies to the following fish—
(a)
goatfish;
(b)
yellowtail scad.
(2)
For the T4-ITQ year for 2015—
(a)
the annual quota of each of the fish that may be taken under a T4 fishery licence is 20,000kg for each fishery symbol ‘T4’ written on the licence; and
(b)
section 614B does not apply.
div 6 (ss 751–753) ins 2014 SL No. 328
s 13
Division 7
Transitional provisions for
Fisheries Legislation Amendment Regulation (No. 1) 2015
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
754
Definition for div 6
In this division—
repealed plan means the repealed
Fisheries (Coral Reef Fin Fish) Management Plan 2003
.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
755
Licences continue
(1)
This section applies to a commercial fishing boat licence—
(a)
that was in force immediately before the commencement; and
(b)
on which the fishery symbol ‘RQ’ is written.
(2)
The licence is taken to be a licence of the same type under this regulation.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
756
CT, OS and RTE line units continue
(1)
This section applies if—
(a)
before 1 July 2010, a CT line unit, OS line unit or RTE line unit was issued under chapter 3, part 2 of the repealed plan as in force before 1 July 2010; and
(b)
the CT line unit, OS line unit or RTE line unit was in force immediately before the commencement.
(2)
The CT line unit is continued as a CT line unit under this regulation.
(3)
The OS line unit is continued as an OS line unit under this regulation.
(4)
The RTE line unit is continued as a RTE line unit under this regulation.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
757
Line unit certificates continue
(1)
This section applies if—
(a)
before the commencement, a line unit certificate was—
(i)
issued under section 72 of the repealed plan; or
(ii)
issued under section 72 of the repealed plan and—
(A)
changed or replaced under section 78 of the repealed plan; or
(B)
replaced under section 71 of the Act; and
(b)
the line unit certificate was in force immediately before the commencement.
(2)
The line unit certificate is a line unit certificate under this regulation.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
758
Fisher PINs for line units continue
(1)
This section applies if—
(a)
before the commencement, a fisher PIN was—
(i)
issued for line units under section 61A
(2) of the repealed plan as in force before 1 July 2010; or
(ii)
changed under section 85 of the repealed plan; and
(b)
the fisher PIN as issued or changed was the fisher PIN for the line units immediately before the commencement.
(2)
The fisher PIN is the fisher PIN for the line units under this regulation.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
759
Unit PINs for line units continue
(1)
This section applies if—
(a)
before the commencement, a unit PIN was—
(i)
issued for line units under section 61
(8)
(a)
(ii) of the repealed plan as in force before 1 July 2010; or
(ii)
changed under section 84 of the repealed plan; and
(b)
the unit PIN as issued or changed was the unit PIN for the line units immediately before the commencement.
(2)
The unit PIN is the unit PIN for the line units under this regulation.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
760
Filleting permits continue
(1)
This section applies if—
(a)
before the commencement, a filleting permit was issued under section 129 of the repealed plan; and
(b)
the filleting permit was in force immediately before the commencement.
(2)
The filleting permit is taken to be a filleting permit under this regulation.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
761
Continuation of reef line fishery as reef line commercial fishery for annual quota for 2014–15 line year
(1)
For applying an annual quota for the reef line commercial fishery for the 2014–15 line year—
(a)
the reef line fishery under section 2 of the repealed plan continues as the reef line commercial fishery under this regulation; and
(b)
a reference in a document to the reef line fishery is taken to be a reference to the reef line fishery under section 2 of the repealed plan continued under paragraph (a) as the reef line commercial fishery.
(2)
In this section—
2014–15 line year means the line year starting on 1 July 2014 and ending on 30 June 2015.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
762
References to repealed plan
In a document, a reference to a particular provision (the old provision) of the repealed plan may, if the context permits, be taken to be a reference to any provision of this regulation that corresponds, or substantially corresponds, to the old provision.
div 7 (ss 754–762) ins 2015 SL No. 12
s 28
Division 8
Transitional provisions for
Fisheries Amendment Regulation (No. 1) 2016
div hdg ins 2016 SL No. 74
s 7
763
Particular existing permits for taking or possessing freshwater fish for trade or commerce
(1)
This section applies if, immediately before the commencement, a person held a permit allowing the taking or possession of freshwater fish for trade or commerce, other than a general fisheries permit for the collection of freshwater fish to be used by the person for broodstock for aquaculture.
(2)
Section 218C does not apply in relation to the permit.
s 763 ins 2016 SL No. 74
s 7
764
Undecided applications for particular permits for taking or possessing freshwater fish for trade or commerce
(1)
This section applies if—
(a)
before the commencement, a person applied for a permit allowing the taking or possession of freshwater fish for trade or commerce, other than a general fisheries permit for the collection of freshwater fish to be used by the person for broodstock for aquaculture; and
(b)
immediately before the commencement, the application had not been decided.
(2)
The application ends and the chief executive must refund to the applicant any fee paid for the application.
s 764 ins 2016 SL No. 74
s 7
Division 9
Transitional provision for
Fisheries (Sustainability of Molluscs and Black Jewfish) Amendment Regulation 2019
div hdg ins 2019 SL No. 61
s 7
765
Prescribed commercial catch for black jewfish for 2019
(1)
For 2019, the prescribed commercial catch for black jewfish is the total weight of fish of the species taken by all commercial fishers that is—
(a)
calculated periodically by the chief executive from the commencement to the day the calculation is made; and
(b)
published by the chief executive in a form that is likely to be accessible for commercial fishers.
Examples of a form of publication for paragraph (b)—
a recorded message on the AIVR system or a notice published on the department’s website
(2)
Subsection (1) applies despite schedule 11, part 2, definition prescribed commercial catch, paragraph (b).
s 765 ins 2019 SL No. 61
s 7
Division 10
Transitional provisions for
Fisheries (Sustainable Fisheries Strategy) Amendment Regulation 2019
div hdg ins 2019 SL No. 71
s 48
766
Effort units continue
(1)
This section applies if, immediately before the commencement, a person held an effort unit under the repealed 2010 plan.
(2)
The effort unit continues in force under this regulation.
s 766 ins 2019 SL No. 71
s 48
767
Provisions for working out use of entitlement
A notice given to the chief executive under section 75(3) of the repealed 2010 plan that is still in effect immediately before the commencement is taken to be a notice given under section 392BQ.
s 767 ins 2019 SL No. 71
s 48
768
Existing guidelines about giving notice
(1)
This section applies if, immediately before the commencement, guidelines under section 88(4) of the repealed 2010 plan were in force.
(2)
The guidelines are taken to have been made under section 392CD(4).
s 768 ins 2019 SL No. 71
s 48
769
Existing usage of fishing and steaming days
(1)
This section applies if—
(a)
before the commencement, the chief executive became aware that the fishing and steaming days were used under section 23(1) of the repealed 2010 plan for the year in which commencement happens; and
(b)
on the commencement, the chief executive has not given a notice under section 24(2) of the repealed 2010 plan.
(2)
The chief executive may act under section 392CL as if the fishing and steaming days were used under the
Fisheries Declaration 2019
, section 92.
s 769 ins 2019 SL No. 71
s 48
770
Existing usage notices
A notice given by the chief executive to the holder of a ‘T1’ licence under section 24(2) of the repealed 2010 plan for the year in which commencement happens is taken to be a notice given under section 392CL(2).
s 770 ins 2019 SL No. 71
s 48
771
References to repealed plans
In a document, a reference to a particular provision (the previous provision) of the repealed 1999 plan or the repealed 2010 plan may, if the context permits, be taken to be a reference to any provision of this regulation that corresponds, or substantially corresponds, to the previous provision.
s 771 ins 2019 SL No. 71
s 48
772
References to repealed fisheries declarations
In a document, a reference to a regulated waters declaration, regulated fish declaration, regulated fishing apparatus declaration or regulated fishing method declaration under this regulation or the repealed 2010 plan may, if the context permits, be taken to be a reference to a declaration of the equivalent type in the
Fisheries Declaration 2019
.
s 772 ins 2019 SL No. 71
s 48
Schedule 1
sch 1 hdg amd 2009 SL No. 176
s 25
(1)
om 2019 SL No. 71
s 49
Part 1
sch 1 pt 1 amd 2008 SL No. 314
s 25
(1); 2009 SL No. 61
s 37
(1)–(2); 2009 SL No. 176
s 25
(2); 2009 SL No. 213
s 28
(1); 2011 SL No. 224
s 33
(1)–(2); 2012 SL No. 252
s 6
sch; 2013 SL No. 270
s 14; 2014 SL No. 69
s 15
(1)
om 2019 SL No. 71
s 49
Part 2
sch 1 pt 2 amd 2008 SL No. 156
s 2
sch; 2008 SL No. 314
s 25
(2); 2008 SL No. 431
s 21; 2009 SL No. 61
s 37
(3)
sub 2008 SL No. 448
s 97 (amd 2009 SL No. 61
s 3; 2009 SL No. 114
s 17)
amd 2009 SL No. 176
s 25
(3)–(28); 2009 SL No. 213
s 28
(2)–(10); 2010 SL No. 164
s 63; 2010 SL No. 354
s 4; 2011 SL No. 106
s 16; 2011 SL No. 140
s 5; 2011 SL No. 224
s 33
(3)–(21); 2011 SL No. 236
s 23; 2012 SL No. 252
s 32; 2014 SL No. 69
s 15
(2)–(37); 2014 SL No. 282
s 16; 2015 SL No. 125
s 7; 2016 SL No. 193
s 42; 2019 SL No. 61
s 8
om 2019 SL No. 71
s 49
Schedule 2
sch hdg sub 2008 SL No. 448
s 98; 2009 SL No. 61
s 38
om 2019 SL No. 71
s 49
Part 1
pt hdg sub 2008 SL No. 448
s 98; 2009 SL No. 61
s 38
om 2019 SL No. 71
s 49
1
s 1 (prev s 747) renum 2008 SL No. 156
s 16
(1)
sub 2008 SL No. 448
s 98; 2009 SL No. 61
s 38
om 2019 SL No. 71
s 49
Part 2
sch 2 pt 2 amd 2008 SL No. 156
s 16
(2)–(6); 2008 SL No. 384
s 13
(1)–(4)
sub 2008 SL No. 448
s 98; 2009 SL No. 61
s 38
amd 2009 SL No. 114
s 24
(1)–(2); 2009 SL No. 213
s 29; 2009 SL No. 268
s 3; 2009 SL No. 33
s 39; 2010 SL No. 35
s 20; 2010 SL No. 164
s 64; 2011 SL No. 106
s 17; 2011 SL No. 140
s 6; 2011 SL No. 224
s 34; 2011 SL No. 236
s 24; 2012 SL No. 252 ss 33, 6 sch; 2013 SL No. 270
s 15; 2014 SL No. 69
s 16
(1)–(9); 2014 SL No. 328
s 14; 2014 SL No. 282
s 17
(1)–(6); 2015 SL No. 12
s 29; 2016 SL No. 193
s 43; 2017 SL No. 135
s 4; 2019 SL No. 61
s 9
om 2019 SL No. 71
s 49
Part 3
sch 2 pt 3 amd 2008 SL No. 384
s 13
(5)
sub 2008 SL No. 448
s 98; 2009 SL No. 61
s 38
amd 2009 SL No. 114
s 24
(3)–(4); 2014 SL No. 69
s 16
(10); 2014 SL No. 282
s 17
(7)–(9)
om 2019 SL No. 71
s 49
Schedule 3
Declared fish habitat areas
sections 615
(1), 616, 617
(1) and 619
(1)
1
2
Area name and fish habitat area plan no.
Particular areas included in or excluded from the declared fish habitat area
Annan River FHA–049
The declared fish habitat area includes the following—
•
the tidal land and waters of lot 68 on plan BS87
•
the esplanade adjacent to lot 253 on plan BK15762 that is within the outer boundary shown on the plan.
The declared fish habitat area excludes the following—
•
the area 80m upstream and downstream from the centre line of the new Cooktown Development Road Bridge that crosses the river
•
the area under, and within, 50m of the boat ramp on the northern side of Annan River
•
the road adjacent to lot 29 on CP896317.
Baffle Creek FHA–031
The declared fish habitat area includes the tidal land within conservation parks on lot 511 on plan NPW571 and lot 154 on plan FD752.
The declared fish habitat area excludes the following—
•
lot 73 on plan FD391
•
lot 46 on plan FD268
•
lot 85 on plan FD963
•
lot 87 on plan FD963
•
lot 114 on plan FD1124
•
lot 115 on plan FD1124
•
the area 50m either side of the line that links the closest points of lot 3 on RP90442 and lot 81 on plan FD485
•
the area 50m upstream and 50m downstream from the line joining the centres of Ferry Road and Boat Ramp Road across Baffle Creek
•
the area 50m upstream and 50m downstream from the middle of the existing bridge on Hills Road that crosses Oyster Creek
•
the area 50m upstream and 50m downstream from the middle of the existing causeway on Taunton Road that crosses Oyster Creek.
Balban Dara Guya (Leekes Creek) FHA–076
The declared fish habitat area includes the part of the esplanade near Leekes Beach that is within the outer boundary shown on the fish habitat area plan for the area.
Barr Creek FHA–035
The declared fish habitat area includes the following—
•
lot 147 on plan NR4789
•
lot 49 on plan N157300.
Bassett Basin FHA–044 (Revision 1)
The declared fish habitat area includes the following—
•
lot 102 on SP115933
•
tidal lands on lot 284 on CI4227, lot 135 on CI4228 and lot 329 on RP893174.
The declared fish habitat area excludes the following—
•
lots 593 and 594 on plan CI3002
•
lot 265 on plan CI3220.
Beelbi FHA–030 (Revision 1)
The declared fish habitat area excludes the part of lot 25 on plan NPW541 that is not tidal land.
Bohle River FHA–027 (revision 1)
The declared fish habitat area includes the tidal land on the following—
•
lot 69 on plan EP2023
•
lot 474 on plan OL357.
The declared fish habitat area excludes land within the following lots that is not tidal land—
•
lot 1 on plan AP15635
•
lot 422 on plan EP1037
•
lot 70 on plan EP2023
•
lot 505 on plan NPW643
•
lot 2 on plan SP126297.
Bowling Green Bay FHA–007
The declared fish habitat area excludes land within the following lots that is not tidal land—
•
lot 2 on plan VCL38596 (Bray Islet)
•
lot 3 on plan VCL38596 (Bare Islet)
•
lots 4 to 7 on plan VCL38596 (Bald Islet)
•
lot 1 on plan VCL38321 (Sand Island).
Broad Sound FHA–047
The declared fish habitat area excludes the area within 5m either side of the shortest line between lot 13 on plan MC108 and lot 5 on RP889520 at either end of the corridor as shown on the fish habitat area plan for the declared fish habitat area.
Burdekin FHA–005 (revision 1)
The declared fish habitat area includes the part of lot 2727 on plan PH1250 that is within the outer boundary shown on the plan.
The declared fish habitat area excludes the areas under or within 50m of the boat ramps at the following places—
•
the northern side of Ocean Creek
•
the northern side of Plantation Creek
•
the northern side of Hell Hole Creek
•
the southern side of Groper Creek
•
the eastern side of Yellow Gin Creek
•
Wallace’s Landing on the western side of Yellow Gin Creek
•
the eastern side of Molongle Creek.
The declared fish habitat area excludes land within the following lots that is not tidal land—
•
lot 1 on AP2107
•
lot 1 on AP6601
•
lot 2 on AP6601
•
lot 3 on AP6601.
Burrum FHA–029 (revision 1)
The declared fish habitat area includes the following—
•
lot 20 on plan CK3227
•
lot 75 on plan CK3132.
The declared fish habitat area excludes the parts of lots 53 and 65 on plan C37398 that are not tidal land.
Cape Palmerston– Rocky Dam FHA–048
The declared fish habitat area excludes the following—
•
lot 3 on plan USL 39270 (Taffy Island)
•
the part of lot 4 on plan USL 39270 that is not tidal land
•
the part of lot 801 on plan NPW8 that is not tidal land.
Cattle–Palm Creeks FHA–074
The declared fish habitat area includes the following—
•
lot 479 on plan OL223
•
the part of the Cattle Creek Esplanade between Sinclaire Road and the prolongation of the south-western boundary of lot 10 on plan CAR124284
•
lots 181 and 384 on plan CWL3001
•
the tidal land within lot 545 on plan CWL666
•
the tidal land on the part of lot 382 on SP136985 that is within the outer boundary shown on the plan.
The declared fish habitat area excludes the part of lot 123 on plan NPW597 that is within the outer boundary shown on the plan.
Cawarral Creek FHA–050 (revision 1)
The declared fish habitat area excludes the following—
•
the area within 30m of the centre line of the trunk water main shown on the plan
•
the area under, or within 50m of, the boat ramp on the northern side of Cawarral Creek
•
the area under, or within 50m of, the boat ramp on the southern side of Cawarral Creek.
Cleveland Bay FHA–071
The declared fish habitat area includes lot 66 on EP1755.
Colosseum Inlet FHA–037
The declared fish habitat area includes the following—
•
the tidal land of the part of lot 4 on plan FD841442 that is within the outer boundary shown on the plan
•
lots 5, 6, 9 and 11 on plan FD841442
•
lot 10 on plan FD841442 other than the part of the lot that is described on the plan as ‘Exclusion Area’.
The declared fish habitat area excludes the following—
•
lot 697 on plan NPW443 and the esplanades surrounding the lot
•
the esplanade along the eastern boundary of lot 21 on SP114462 and the south-eastern boundary of lot 4450 on plan PH2277
•
lot 1 on USL43258.
Coombabah FHA–016
Coomera FHA–023
The declared fish habitat area includes the following—
•
the part of lot 91 on plan WD3199 that is within the outer boundary shown on the plan
•
the tidal land on the part of lot 84 on plan WD814529 that is within the outer boundary shown on the plan.
Corio Bay FHA–067
The declared fish habitat area includes the following—
•
the parts of lot 130 on plan NPW811 that is tidal land as indicated on the plan as areas ‘A’ and ‘B’
•
the part of lot 130 on plan NPW811 indicated on the plan as area ‘C’
•
lots 9 to 14 on plan PS104.
Currumbin Creek FHA–020
The declared fish habitat area includes lots 260 and 261 on plan WD5078.
Dallachy Creek FHA–042
The declared fish habitat area excludes the part of lot 771 on plan NPW437 that is not tidal land.
Deception Bay FHA–013 (revision 3)
The declared fish habitat area includes lots 1 and 2 on AP5183.
De-ral-li (Calliope River) FHA–075
Edgecumbe Bay FHA–069
Eight Mile Creek FHA–063
Elliott River FHA–052
The declared fish habitat area includes the following—
•
lot 192 on plan CK2206
•
the part of the esplanade adjoining the southern and eastern boundaries of lot 192 on plan CK2206 that is within the outer boundary shown on the plan
•
the part of the esplanade adjoining the eastern boundaries of lot 11 on RP171643, lot 7 on RP909282 and lot 8 on RP93267, that is within the outer boundary shown on the plan.
The declared fish habitat area excludes the following—
•
lot 21 on plan C371349
•
the area within 15m of the centre line of the water supply pipeline between Elliott Heads and Riverview.
Escape River FHA–060
Eurimbula FHA–038
The declared fish habitat area excludes the land within lot 35 on plan NPW865 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area.
Fitzroy River FHA–072 (revision 1)
The declared fish habitat area includes lot 18 on plan DS727.
The declared fish habitat area excludes the following—
•
the part of lot 169 on plan DT40169 that is not tidal land
•
the esplanade surrounding lot 535 on plan NPW714.
Fraser Island FHA–053
Half Moon Creek FHA–033
The declared fish habitat area includes the following—
•
lot 34 on SP113641
•
the part of lot 50 on plan USL9567 that is within the outer boundary shown on the plan.
Halifax FHA–024
The declared fish habitat area includes the part of lot 408 on CP91644 that is within the outer boundary shown on the plan.
The declared fish habitat area excludes the following—
•
the parts of lot 15 on plan USL39609 and lot 72 on plan CWL1870 that are not tidal land
•
Halifax–Lucinda Point Road
•
Gentle Annie Creek Road
•
the small parcels shown and described on the plan as ‘area A’.
Hay’s Inlet FHA–012
The declared fish habitat area excludes the following—
•
the area (the excluded area) of Hay’s Inlet between the prolongation across the inlet of the northern and southern boundaries of lot 23 on RP210075
•
the area within 20m of the excluded area.
Hinchinbrook FHA–028
The declared fish habitat area includes the following—
•
lot 1 on plan CWL1111
•
lot 165 on plan CWL3150
•
the part of lot 18 on plan NPW529 within the outer boundary shown on the plan.
Hull River FHA–046
The declared fish habitat area excludes the land within lot 113 on plan NPW631 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area.
Jumpinpin– Broadwater
FHA–021
(revision 2)
The declared fish habitat area includes the following—
(a)
the esplanade surrounding lot 4 on plan WD2140;
(b)
the following lots—
•
lot 6 on plan WD2107
•
lot 4 on plan WD2140
•
lots 1 and 2 on plan SP267495;
(c)
the parts of the following lots that are within the outer boundary shown on the plan for the declared fish habitat area—
•
lot 91 on plan WD3199
•
lot 273 on plan SP180240
•
lots 274 and 275 on plan WD131
•
lots 264 and 266 on plan WD132
•
lot 271 on WD3598
•
lot 262 on plan W31252.
The declared fish habitat area excludes—
(a)
the land (that is not tidal land) in Southern Moreton Bay Islands National Park within the outer boundary shown on the plan for the declared fish habitat area; and
(b)
the following—
•
lot 21 on W31475
•
lots 243, 244 and 245 on plan W31330
•
lot 1 on plan AP7164
•
the small parcels (on Short Island) shown and described on the plan for the declared fish habitat area as ‘Area “A”’
•
the area adjoining Cobby Cobby Island, identified on the plan for the declared fish habitat area as ‘Exclusion Area’, that is 50m wide and 160m long and adjoins the north-eastern boundary of lot 408 on plan NPW645 starting at the most northern tip of the lot
•
the area adjoining Tabby Tabby Island, identified on the plan for the declared fish habitat area as ‘Exclusion Area’, that is 50m wide and the length of, and adjoins, the western boundary of lot 243 on plan W31330
•
the 2 areas on Woogoompah Island—
•
identified on the plan for the declared fish habitat area as ‘Exclusion Areas (Oyster Industry Storage)’ and
•
each having part of its boundary on the south-eastern boundary of lot 408 on plan NPW645 and
•
described in table 1 of the document called ‘Oyster industry plan for Moreton Bay Marine Park’, dated December 2015 and published on the department’s website.
Kauri Creek FHA–055
Kinkuna FHA–002 (revision 1)
The declared fish habitat area includes the part of lot 112 on plan CK3120 that is within the outer boundary shown on the plan.
The declared fish habitat area excludes the national park land that is not tidal land within the outer boundary shown on the fish habitat area plan for the area.
Kippa-Ring FHA–014 (revision 1)
Kolan River FHA–032
The declared fish habitat area includes the following—
•
the tidal land on lot 49 on CP844223 within the outer boundary shown on the fish habitat area plan for the area
•
lot 189 on plan CK3500.
The declared fish habitat excludes the land within the following lots that is not tidal land within the outer boundary shown on the fish habitat area plan for the area—
•
lot 10 on plan USL43099
•
lot 12 on plan USL43095
•
lots 17, 19, 20 and 26 on plan USL38977
•
lot 27 on plan USL43085
•
lot 59 on CP892216
•
lot 66 on plan CK2294
•
lot 90 on plan C37415.
Maaroom FHA–056
Margaret Bay (Wuthathi) FHA–070 (Revision 1)
Maroochy FHA–008 (revision 1)
The declared fish habitat area includes the following—
•
the parts of the road and esplanade that are north of Channel Island and within the outer boundary shown on the plan
•
the tidal land on lot 721 on plan CG5072 (Chambers Island).
The declared fish habitat area excludes land within the following lots that is not tidal land—
•
lot 3 on RP43727
•
lot 3 on RP48355
•
lot 361 on plan CG4295
•
lot 428 on plan C31740
•
lot 509 on plan NPW594.
Meunga Creek FHA–040
Midge FHA–001
The declared fish habitat area excludes land on Gould Island, Midge Island, Cave Island and Pigeon Island, that is not tidal land.
Moreton Banks FHA–015
Morning Inlet–Bynoe River FHA–062
Murray River FHA–009
Myora–Amity Banks FHA–017
The declared fish habitat area includes lot 152 on plan SL806436.
Nassau River FHA–059
Noosa River FHA–051 (Revision 2)
The declared fish habitat area includes the tidal land within the following lots—
•
lot 35 on plan MCH4795
•
lots 140 and 144 to 148 on plan MCH4796
•
lot 168 on CP849516
•
lot 307 on plan MCH4551
•
lots 34 and 35 on plan MCH5214.
The declared fish habitat area excludes the following—
•
lots 55 and 386 on plan MCH1667
•
the land within lot 21 on plan NPW659 and lot 3 on plan USL30873 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area.
Peel Island FHA–010
The declared fish habitat area excludes land within lot 12 on plan VCL32998 that is not tidal land.
Pimpama FHA–022
The declared fish habitat area includes lots 88 and 89 on plan WD6507.
Pine River Bay FHA–073
The declared fish habitat area includes the tidal lands on lots 4, 5, 6, 7 and 8 on plan WP50.
Princess Charlotte Bay FHA–043
The declared fish habitat area excludes the part of lot 16 on plan NPW365 that is not tidal land.
The declared fish habitat area includes the part of lot 10 on plan SD19 that is shown within the boundary of the declared fish habitat area.
Pumicestone Channel FHA–011 (revision 1)
The declared fish habitat area excludes the national park land that is not tidal land within the outer boundary shown on the fish habitat area plan for the area.
Repulse FHA–004
The declared fish habitat area excludes the following—
•
the national park land that is not tidal land within the outer boundary shown on the fish habitat area plan for the area
•
the area within 200m of the outer boundary, between 200m north and 200m south of the main building of the Newry Island Resort on Newry Island
•
the area between the outer boundary and the midstream line of Victor Creek and points 200m either side of the boat ramp (near Seaforth) marked ‘A’ on the plan
•
the area within 200m of a line running north-west from the northernmost point of Skull Knob to the nearest point of the outer boundary then along the outer boundary at St. Helens Beach to a point 1km west of Carpet Snake Point.
Rodds Harbour FHA–036
Sand Bay FHA–006 (Revision 1)
Seventeen Seventy–Round Hill FHA–018
Silver Plains FHA–057
The declared fish habitat area includes the part of lot 10 on plan SD19 that is shown within the boundary of the declared fish habitat area.
Staaten–Gilbert FHA–061
Starcke River (Ngulun) FHA–068
The declared fish habitat area includes the land within lot 18 on SP104580 that is tidal land within the outer boundary shown on the fish habitat area plan for the area.
The declared fish habitat area excludes the following—
•
lot 7 on CP892329
•
the 150m x 350m area at the mouth of the Starcke River shown and described on the plan as ‘Future Exclusion Area’.
Susan River FHA–054
The declared fish habitat area excludes the area shown on the plan as ‘Mooring Area’ adjacent to lot 54 on plan MCH5147.
Tallebudgera Creek FHA–019
The declared fish habitat area includes lot 94 on plan WD6256.
Temple Bay FHA–058
The declared fish habitat area includes the following—
•
the part of the esplanade that is shown within the boundary of the declared fish habitat area
•
the part of lot 152 on SP171834 that is tidal land south of latitude 12º20'25'' and within the boundary of the declared fish habitat area.
Tin Can Inlet FHA–064
Trinity Inlet FHA–003 (Revision 3)
The declared fish habitat area includes the following—
(a)
the following lots—
•
lots 1 to 4 on plan C19823
•
lot 51 on plan NR3159
•
lot 92 on plan NR3051
•
lot 153 on plan NR4373
•
lot 36 on AP7416
•
lots 4 and 5 on AP12175
•
lot 4 on AP21277
•
lots 1 to 4 on AP12174
•
lot 1 on AP9494
•
lot 1 on SP222769;
(b)
the parts of the following lots that are within the outer boundary shown on the plan—
•
lot 1 on RP736304
•
lots 40, 41 and 771 on SP113657
•
lot 12 on AP3442
•
lot 146 on SP129134
•
lot 45 on AP3448
•
lots 14 and 18 on SP155099
•
lots 4, 773 and 775 on SP218291
•
lot 19 on SP214821
•
lot 4 on SP264282.
Trinity Inlet FHA–003 (Revision 3) (continued)
The declared fish habitat area excludes—
(a)
the following—
•
lot 1 on RP738764
•
lot 1 on AP7415
•
the area within 10m of the centre line of the vehicular track from Airport Avenue to the Sand Stockpile on lot 1 on RP736304
•
the Sand Stockpile on lot 1 on RP736304
•
the area within 10m of the centre line of the vehicular track that crosses lot 151 on plan NR4172; and
(b)
the following esplanades—
•
the esplanade adjacent to lot 1 on RP736304 and Airport Avenue
•
the esplanade on the northern side of Pine Creek
•
the esplanade adjacent to lot 34 on plan USL9876
•
the esplanade adjacent to lot 36 on plan AP7416
•
the esplanade adjacent to part of lot 111 on plan NR7962
•
the esplanade adjacent to lot 158 on plan NR5877
•
the esplanades surrounding Mackey Creek; and
(c)
the roads surrounding Simmonds Creek.
Tully River FHA–045
The declared fish habitat area includes the following—
•
lot 116 on plan CWL2112
•
that part of lot 234 on plan CWL1830 within the outer boundary show on the fish habitat area plan for the area.
West Hill FHA–039
The declared fish habitat area includes the part of lot 1 on plan PER3963 that is tidal land.
The declared fish habitat area excludes the part of lot 156 on plan NPW878 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area.
Wreck Creek FHA–041
The declared fish habitat area excludes the lands that are not tidal on lot 771 on plan NPW437 within the outer boundary shown on the fish habitat area plan for the area.
Yorkey’s Creek FHA–034 (Revision 1)
The declared fish habitat area includes the following—
•
lot 105 on plan AP7001
•
lot 139 on plan NR3818.
The declared fish habitat area excludes the land within the following lots that is not tidal land within the outer boundary shown on the fish habitat area plan for the area—
•
lot 75 on plan USL9604
•
lot 12 on plan USL9940
•
lot 16 on plan USL9940.
sch 3 (prev sch 3 pt 2) amd 2009 SL No. 61
s 39
(2)–(4); 2010 SL No. 35
s 5
sch 1; 2010 SL No. 164
s 65
(2); 2011 SL No. 224
s 35; 2011 SL No. 236
s 25; 2012 SL No. 252
s 34; 2014 SL No. 35
s 6; 2014 SL No. 203
s 3; 2015 SL No. 178
s 3; 2016 SL No. 104
s 2
(2)
sch 1; 2016 SL No. 178
s 3; 2017 SL No. 36
s 3; 2018 SL No. 211
s 3
Part 1
AREAS INCLUDING PARTICULAR TIDAL LAND
sch 3 pt 1 amd 2009 SL No. 61
s 39
(1)
om 2010 SL No. 164
s 65
(1)
Part 2
AREAS WITHIN OUTER BOUNDARIES ON FISH HABITAT AREA PLANS
pt hdg om 2010 SL No. 164
s 65
(1)
Schedule 4
Commercial quantity of priority fish
section 640B
Priority fish
Commercial quantity
number
volume (L)
weight equivalent (kg)
barramundi
25
55
black jewfish
5
17.5 (or 2 if only bladders)
mud crab
50
40 (or 20 if only meat)
Murray cod
10
30
prawn
50
ray
5
25 (or 5 if only fins)
redthroat emperor
40
40
regulated coral trout
35
35
sea cucumber
25
25
shark
5
25 (or 5 if only fins)
snapper
20
20
spanish mackerel
15
50
tropical rocklobster
25
25
sch 4 amd 2008 SL No. 314
s 26
sub 2019 SL No. 71
s 50
Schedule 5
Glossary of scientific names for particular coral reef fin fish species
section 6
(1), schedule 11, part 2 definitions regulated cod or grouper, regulated coral reef fin fish, regulated coral trout, regulated emperor, regulated parrotfish, regulated surgeonfish, regulated sweetlip, regulated tropical snapper or seaperch and regulated wrasse
sch hdg amd 2009 SL No. 176
s 26
Part 1
Particular cod and grouper
Column 1
Column 2
Common name
Scientific name
barramundi cod
Cromileptes altivelis
bar rockcod
Epinephelus ergastularius and Epinephelus septemfasciatus
bass groper
Polyprion americanus
birdwire rockcod
Epinephelus merra
blacksaddle rockcod
Epinephelus howlandi
blacktip rockcod
Epinephelus fasciatus
bluelined rockcod
Cephalopholis formosa
bluespotted rockcod
Cephalopholis cyanostigma
brownbarred rockcod
Cephalopholis boenak
camouflage grouper
Epinephelus polyphekadion
Chinaman rockcod
Epinephelus rivulatus
comet grouper
Epinephelus morrhua
coral grouper
Epinephelus corallicola
coral rockcod
Cephalopholis miniata
dot-head rockcod
Cephalopholis microprion
eightbar grouper
Epinephelus octofasciatus
flagtail rockcod
Cephalopholis urodeta
flowery rockcod
Epinephelus fuscoguttatus
foursaddle grouper
Epinephelus spilotoceps
greasy rockcod
Epinephelus tauvina
hapuku
Polyprion oxygeneios
highfin grouper
Epinephelus maculatus
leopard rockcod
Cephalopholis leopardus
longfin rockcod
Epinephelus quoyanus
Maori rockcod
Epinephelus undulatostriatus
radiant rockcod
Epinephelus radiatus
peacock rockcod
Cephalopholis argus
potato rockcod
Epinephelus tukula
purple rockcod
Epinephelus cyanopodus
Queensland groper
Epinephelus lanceolatus
redmouth rockcod
Aethaloperca rogaa
sixband rockcod
Cephalopholis sexmaculata
sixbar grouper
Epinephelus sexfasciatus
snubnose grouper
Epinephelus macrospilos
speckled grouper
Epinephelus magniscuttis
specklefin grouper
Epinephelus ongus
strawberry rockcod
Cephalopholis spiloparaea
thinspine grouper
Gracila albomarginata
tomato rockcod
Cephalopholis sonnerati
whitelined rockcod
Anyperodon leucogrammicus
whitespotted grouper
Epinephelus coeruleopunctatus
wirenet rockcod
Epinephelus hexagonatus
yellowspotted rockcod
Epinephelus areolatus
Part 2
Particular coral trout
Column 1
Column 2
Common name
Scientific name
barcheek coral trout
Plectropomus maculatus
bluespotted coral trout
Plectropomus laevis
common coral trout
Plectropomus leopardus
coral trout
Plectropomus spp. and Variola spp.
passionfruit coral trout
Plectropomus areolatus
vermicular cod
Plectropomus oligacanthus
white-edge coronation trout
Variola albimarginata
yellowedge coronation trout
Variola louti
Part 3
Particular emperor
Column 1
Column 2
Common name
Scientific name
bigeye seabream
Monotaxis grandoculis
collar seabream
Gymnocranius audleyi
goldspot seabream
Gnathodentex aureolineatus
longnose emperor
Lethrinus olivaceus
miscellaneous emperor, other than grass emperor
Lethrinus spp., other than Lethrinus laticaudis
Mozambique seabream
Wattsia mossambica
orangespotted emperor
Lethrinus erythracanthus
orangestriped emperor
Lethrinus obsoletus
ornate emperor
Lethrinus ornatus
paddletail seabream
Gymnocranius euanus
spotcheek emperor
Lethrinus rubrioperculatus
redspot emperor
Lethrinus lentjan
redthroat emperor
Lethrinus miniatus
Robinson’s seabream
Gymnocranius grandoculis
seabream
Gymnocranius spp.
spangled emperor
Lethrinus nebulosus
threadfin emperor
Lethrinus genivittatus
thumbprint emperor
Lethrinus harak
variegated emperor
Lethrinus variegatus
yellowlip emperor
Lethrinus xanthochilus
yellowtail emperor
Lethrinus atkinsoni
Part 4
Fusilier
Column 1
Column 2
Common name
Scientific name
fusilier
family Caesionidae
Part 5
Particular parrotfish
Column 1
Column 2
Common name
Scientific name
bicolour parrotfish
Cetoscarus bicolor
bumphead parrotfish
Bolbometopon muricatum
miscellaneous parrotfish
family Scaridae
Part 6
Particular surgeonfish
Column 1
Column 2
Common name
Scientific name
surgeonfish
Acanthurus spp. and Ctenochaetus spp.
unicornfish
Naso spp. and Prionurus spp.
Part 7
Particular sweetlip
Column 1
Column 2
Common name
Scientific name
miscellaneous sweetlip
Plectorhinchus spp.
painted sweetlip
Diagramma pictum labiosum
Part 8
Particular tropical snapper and seaperch
Column 1
Column 2
Common name
Scientific name
bigeye snapper
Lutjanus lutjanus
black-and-white snapper
Macolor niger
blackspot snapper
Lutjanus fulviflamma
blacktail snapper
Lutjanus fulvus
bluestriped snapper
Lutjanus kasmira
brownstripe snapper
Lutjanus vitta
Chinamanfish
Symphorus nematophorus
crimson snapper
Lutjanus erythropterus
darktail snapper
Lutjanus lemniscatus
fiveline snapper
Lutjanus quinquelineatus
flame snapper
Etelis coruscans
goldband snapper
Pristipomoides multidens and Pristipomoides typus
green jobfish
Aprion virescens
hussar
Lutjanus adetii
lavender snapper
Pristipomoides sieboldii
Maori snapper
Lutjanus rivulatus
midnight snapper
Macolor macularis
miscellaneous jobfish and snapper, other than mangrove jack and golden snapper
Aphareus spp., Etelis spp., Pristipomoides spp., and Lutjanus spp., other than Lutjanus argentimaculatus and Lutjanus johnii
Moses snapper
Lutjanus russelli
onespot snapper
Lutjanus monostigma
paddletail
Lutjanus gibbus
red bass
Lutjanus bohar
red emperor
Lutjanus sebae
rosy snapper
Pristipomoides filamentosus
ruby snapper
Etelis carbunculus
saddletail snapper
Lutjanus malabaricus
sailfin snapper
Symphorichthys spilurus
smalltooth jobfish
Aphareus furca
stripey snapper
Lutjanus carponotatus
Part 9
Particular wrasse
Column 1
Column 2
Common name
Scientific name
anchor tuskfish
Choerodon anchorago
blackspot tuskfish
Choerodon schoenleinii
blue tuskfish
Choerodon cyanodus
humphead Maori wrasse
Cheilinus undulatus
pigfish
Bodianus spp.
purple tuskfish
Choerodon cephalotes
redbreast Maori wrasse
Cheilinus fasciatus
tripletail Maori wrasse
Cheilinus trilobatus
Venus tuskfish
Choerodon venustus
sch 5 amd 2008 SL No. 448
s 99
sub 2009 SL No. 61
s 40
amd 2009 SL No. 114
s 25; 2014 SL No. 69
s 17
Schedule 6
Glossary of scientific names for particular fish other than regulated coral reef fin fish
sections 6
(2) and 638
(3)
sch hdg sub 2009 SL No. 61
s 41
amd 2019 SL No. 71
s 51
(1)
Part 1
Particular non-indigenous fish
Column 1
Column 2
Common name
Scientific name
African mono
Monodactylus sebae
angel fish
Pterophyllum spp.
archerfish
Toxotes jaculatrix
Argentine bloodfin (tetra)
Aphyocharax anisitsi
armoured (cory) catfish
Corydoras spp.
asoka barb
Puntius asoka
auratus
Melanochromis auratus
banded barb
Barbodes pentazona
banded leporinus
Leporinus fasciatus
betta
Betta spp.
big-spot rasbora
Rasbora kalochroma
bitterling
Rhodeus amarus and Rhodeus sericeus
black-banded headstander
Chilodus punctatus
black-banded osteochilus
Osteochilus vittatus
black-finned rummy-nose
Petitella georgiae
black ghost knife fish
Apteronotus albifrons
black-line silver hatchet fish
Gasteropelecus spp.
black phantom tetra
Megalamphodus megalopterus
black ruby barb
Puntius nigrofasciatus
black shark
Morulius chrysophekadion
black-spot filament barb
Puntius filamentosus
black-spotted upsidedown catfish
Synodontis nigriventris
black tetra
Gymnocorymbus ternetzi
blind cave tetra
Astyanax mexicanus
blue acara
Aequidens pulchrus
blue gourami
Trichogaster trichopterus
blue line rasbora
Rasbora taeniata
brichardi
Lamprologus brichardi
bumblebee fish
Brachygobius spp.
butterfly fish
Pantodon buchholzi
cardinal tetra
Paracheirodon axelrodi
Celebes rainbow
Telmatherina ladigesi
chalinochromis
Chalinochromis spp.
checkerboard barb
Capoeta oligolepis
cherry barb
Capoeta titteya
Chinese algae eater
Gyrinocheilos aymonieri
chocolate gourami
Sphaerichthys osphromenoides
clown barb
Barbodes everetti
clown loach
Botia macracantha
Cochu’s blue tetra
Boehlkea fredcochui
common brochis
Brochis splendens
Congo tetra
Phenacogrammus interruptus
copper striped rasbora
Rasbora leptosoma
croaking gourami
Trichopsis vittatus
Cumming’s barb
Puntius cummingi
discus
Symphysodon spp.
duboisi
Tropheus duboisi
dusky krib
Pelvicachromis pulcher
dwarf cichlid
Apistogramma spp.
dwarf flag cichlid
Aequidens curviceps
dwarf gourami
Colisa lalia
dwarf lattice cichlid
Nannacara spp.
dwarf loach
Botia sidthimunki
elegant rasbora
Rasbora elegans
elephantnose
Gnathonemus macrolepidotus
elephantnose (Peter’s)
Gnathonemus petersii
emperor tetra
Nematobrycon palmeri
false magnificant rasbora
Rasbora borapetensis
flag cichlid
Cichlasoma festivum
flagtail porthole catfish
Dianema urostriata
flying fox
Epalzeorhynchus kalopterus
freshwater flounder
Trinectes maculatus
Frideric’s leporinus
Leporinus friderici
giant danio
Danio aequipinnatus
glass barb
Puntius puellus
glass bloodfin
Prionobrama filigera
glass catfish
Kryptopterus bicirrhis
glass fish
Chanda spp.
gold-cheek krib
Pelvicachromis subocellatus
golden dwarf cichlid
Nannacara anomala
golden gourami
Trichogaster trichopterus
goldfish
Carassius auratus
gold line rasbora
Rasbora steineri
guppy
Poecilia reticulata
hard lipped barb
Osteochilus hasseltii
harlequin rasbora
Rasbora heteromorpha
hatchetfish
Carnegiella and Thoracocharax spp.
headstander
Abramites hypselonotus and Anostomus spp.
hi-spot rasbora
Rasbora dorsiocellata
honey dwarf gourami
Colisa chuna
Indian hatchetfish
Chela laubuca
Javanese rice fish
Oryzias javanicus
julie
Julidochromis spp.
Kerr’s danio
Brachydanio kerri
keyhole cichlid
Aequidens maroni
killie fish
Aphyosemion spp.
kissing gourami
Helostoma temmincki
kooli barb
Puntius vittatus
kuhli loach
Acanthophthalmus kuhli
latticed cichlid
Limnotilapia dardennii
leopard danio
Brachydanio frankei
lipstick leporinus
Leporinus arcus
little giant gourami
Colisa fasciata
long-band rasbora
Rasbora einthoveni
longfin barb
Capoeta arulius
long-finned African tetra
Brycinus longipinnis
Malayan flying barb
Esomus malayensis
Malayan halfbeak
Dermogenys pusillus
medaka
Oryzias latipes
melanochromis
Melanochromis similis
microbrycon
Microbrycon fredcochui
mono
Monodactylus argenteus
moonlight gourami
Trichogaster microlepis
moorii
Tropheus moorii
multi-banded leporinus
Leporinus multifasciatus
Myers’s hillstream loach
Pseudogastromyzon myersi
neon tetra
Paracheirodon innesi
opaline gourami
Trichogaster trichopterus
orange-finned rasbora
Rasbora vaterifloris
ornate pimelodus
Pimelodus ornatus
oscar
Astronotus ocellatus
panchax
Aplocheilus and Epiplatys spp.
paradise fish (only males)
Macropodus opercularis
pearl danio
Brachydanio albolineatus
pearl gourami
Trichogaster leeri
pencil fish
Nannostomus and Poecilobrycon spp.
penguin fish
Thayeria spp.
platy
Xiphophorus maculatus
platy variatus
Xiphophorus variatus
poorman’s glass catfish
Kryptopterus macrocephalus
pristella
Pristella maxillaris
pygmy gourami
Trichopsis pumilus
rainbow fish
Glossolepsis, Chilatherina, Melanotaenia spp.
rainbow shark
Labeo erythrurus
ram
Microgeophagus ramirezi
red-finned black shark
Labeo bicolor
red-finned shark
Labeo frenatus
red line rasbora
Rasbora pauciperforata
red-striped barb
Puntius bimaculatus
rosy barb
Puntius conchonius
saddled hillstream loach
Homaloptera orthogoniata
sailfin molly
Poecilia latipinna
sarawak rasbora
Rasbora sarawakensis
scissortail rasbora
Rasbora trilineata
Siamese flying fox
Epalzeorhynchus siamensis
silver prochilodus
Prochilodus insignis
silver rasbora
Rasbora argyrotaenia
sphenops mollie
Poecilia sphenops
spiny eel
Macrognathus aculeatus
spot-tailed leporinus
Leporinus melanopleura
spot-tailed rasbora
Rasbora caudimaculata
spotted danio
Brachydanio nigrofascicatus
spotted leporinus
Leporinus maculatus
spotted rasbora
Rasbora maculata
striped barb
Puntius lineatus
striped kribensis
Pelvicachromis taeniatus
striped leporinus
Leporinus striatus
sucker catfish
Otocinclus arnoldi
Swegle’s tetra
Megalamphodus sweglesi
swordtail
Xiphophorus helleri
tetra
Hemigrammus, Hyphessobrycon and Moenkhausia spp.
thick-lipped gourami
Colisa labiosa
thin-banded barb
Capoeta semifasciolatus
tic-tac-toe barb
Puntius ticto
tiger barb
Capoeta tetrazona
tricolor shark
Balantiocheilos melanopterus
twig catfish
Farlowella acus
variegated shark
Labeo variegatus
whiptail catfish
Loricaria filamentosa
white cloud mountain minnow
Tanichthys albonubes
yellow tail rasbora
Rasbora dusonensis
Yucatan mollie
Poecilia velifera
zebra danio
Brachydanio rerio
sch 6 pt 1 prev sch 6 pt 1 sub 2009 SL No. 61
s 41
amd 2010 SL No. 164
s 66; 2011 SL No. 224
s 36
om 2016 SL No. 75
s 129
sch 12
pres sch 6 pt 1 (prev sch 6 pt 2) sub 2009 SL No. 61
s 41
renum 2016 SL No. 75
s 129
sch 12
Part 2
Particular freshwater fish
Column 1
Column 2
Common name
Scientific name
Agassiz’s glassfish
Ambassis agassizii
Aru gudgeon
Oxyeleotris aruensis
Australian bass
Macquaria novemaculeata
Australian lungfish
Neoceratodus forsteri
Australian smelt
Retropinna semoni
banded rainbowfish
Melanotaenia trifasciata
Barcoo grunter
Scortum barcoo
barred grunter
Amniataba percoides
blackbanded rainbowfish
Melanotaenia nigrans
blackmast
Craterocephalus stramineus
Bloomfield River cod
Guyu wujalwujalensis
blue catfish
Neoarius graeffei
bony bream
Nematalosa erebi
boofhead catfish
Neoarius leptaspis
Cairns rainbowfish
Cairnsichthys rhombosomoides
Celebes flathead goby
Glossogobius sp 1
chequered rainbowfish
Melanotaenia inornata
cherabins
Macrobrachium rosenbergii or Macrobrachium lar
coal grunter
Hephaestus carbo
concave flathead goby
Glossogobius concavifrons
Cooper Creek catfish
Neosiluroides cooperensis
crimson spotted rainbowfish
Melanotaenia duboulayi
delicate blue eye
Pseudomugil tenellus
desert goby
Chlamydogobius eremius
desert rainbowfish
Melanotaenia tatei
Eastern rainbowfish
Melanotaenia splendida
Edgbaston hardyhead
Craterocephalus sp.
elongate glassfish
Ambassis elongatus
empire gudgeon
Hypseleotris compressa
fimbriate gudgeon
Oxyeleotris fimbriata
firetail gudgeon
Hypseleotris galii
flagtail glassfish
Ambassis miops
flathead gudgeon
Philypnodon grandiceps
flyspecked hardyhead
Craterocephalus stercusmuscarum
forktail catfish
family Ariidae
freshwater catfish
Tandanus tandanus
freshwater longtom
Strongylura krefftii
freshwater prawn
family Palaemonidae
Gilbert’s grunter
Pingalla gilberti
golden flathead goby
Glossogobius aureus
golden perch
Macquaria ambigua
Gulf Grunter
Scortum ogilbyi
highfin catfish
Neoarius berneyi
jungle perch
Kuhlia rupestris
khaki grunter
Hephaestus tulliensis
Lake Eacham rainbowfish
Melanotaenia eachamensis
Lake’s carp gudgeon
Hypseleotris sp B
leathery grunter
Scortum hillii
longfin eel
Anguilla reinhardtii
Lorentz grunter
Pingalla lorentzi
Macleay’s glassfish
Ambassis macleayi
Marjorie’s hardyhead
Craterocephalus marjoriae
Mary River cod
Maccullochella peelii mariensis
McCulloch’s rainbowfish
Melanotaenia maccullochi
Midgley’s carp gudgeon
Hypseleotris sp A
Mueller’s glassfish
Ambassis mulleri
Mulgrave goby
Glossogobius sp B
Murray cod
Maccullochella peelii peelii
Murray River rainbowfish
Melanotaenia fluviatilis
Myross hardyhead
Craterocephalus sp.
Northern purplespotted gudgeon
Mogurnda mogurnda
Northern saratoga
Scleropages jardinii
Obbes’ catfish
Porochilus obbesi
ornate rainbowfish
Rhadinocentrus ornatus
Pacific blue eye
Pseudomugil signifer
Pacific shortfin eel
Anguilla obscura
pennyfish
Denariusa australis
poreless gudgeon
Oxyeleotris nullipora
redclaw
Cherax quadricarinatus
Rendahl’s catfish
Porochilus rendahli
river blackfish
Gadopsis marmoratus
Roman-nose goby
Awaous acritosus
sailfin glassfish
Ambassis agrammus
scaleless goby
Schismatogobius insignum
sevenspot archerfish
Toxotes chatareus
silver catfish
Porochilus argenteus
silver cobbler
Neoarius midgleyi
silver perch
Bidyanus bidyanus
sleepy cod
Oxyeleotris lineolata
smallhead grunter
Scortum parviceps
snakehead gudgeon
Giurus margaritacea
sooty grunter
Hephaestus fuliginosus
Southern purplespotted gudgeon
Mogurnda adspera
Southern saratoga
Scleropages leichardti
Southern shortfin eel
Anguilla australis
spangled perch
Leiopotherapon unicolor
speckled goby
Redigobius bikolanus
spiny crayfish
Euastacus spp.
spotted blue eye
Pseudomugil gertrudae
spotted flagtail
Kuhlia marginata
square blotch goby
Glossogobius sp C
striped gudgeon
Gobiomorphus australis
tank goby
Glossogobius giurus
threadfin rainbowfish
Iriatherina werneri
Utchee Creek rainbowfish
Melanotaenia utcheenis
Welch’s grunter
Bidyanus welchi
western carp gudgeon
Hypseleotris klunzingeri
yabby
Cherax destructor destructor
sch 6 pt 2 prev sch 6 pt 3 sub 2009 SL No. 61
s 41
amd 2014 SL No. 69
s 18
renum 2016 SL No. 75
s 129
sch 12
amd 2019 SL No. 71
s 51
(4)
Part 3
Particular fish found in the east coast trawl fishery area
Column 1
Column 2
Common name
Scientific name
Balmain bug
Ibacus peronii
cuttlefish
Metasepia spp., Sepia spp.
deepwater bug
Ibacus alticrenatus
goatfish
family Mullidae
mantis shrimp
family Squillidae
Moreton Bay bug
Thenus spp.
octopus
Octopus spp.
pipefish
Solegnathus dunckeri, Solegnathus hardwickii
prawn
family Penaeidae
red champagne lobster
Linuparus trigonus
saucer scallop
Amusium balloti
scallop
family Pectinidae
shovel-nosed lobster
Ibacus brucei
slipper lobster
Scyllarides spp.
smooth bug
Ibacus chacei
squid
Loliolus, Nototodarus, Photololigo, Sepioteuthis spp.
threadfin bream
family Nemipteridae
three-spotted crab
Portunus sanguinolentus
yellowtail scad
Trachurus novaezelandiae and Trachurus declivis
sch 6 pt 3 prev sch 6 pt 4 amd 2008 SL No. 384
s 14
(1)
sub 2009 SL No. 61
s 41
amd 2009 SL No. 213
s 30; 2014 SL No. 328
s 15
renum 2016 SL No. 75
s 129
sch 12
amd 2016 SL No. 193
s 44
(1); 2019 SL No. 71
s 51 (2)–(4)
Part 4
Particular fish to which extended possession limits apply
pt hdg amd 2013 SL No. 270
s 16
(1)
Column 1
Column 2
Common name
Scientific name
pearl perch
Glaucosoma scapulare
snapper
Pagrus auratus
spanish mackerel
Scomberomorus commerson
sch 6 pt 4 prev sch 6 pt 5 amd 2008 SL No. 448
s 100
(1)
sub 2009 SL No. 61
s 41
renum 2016 SL No. 75
s 129
sch 12
Part 5
Other particular fish
Column 1
Column 2
Common name
Scientific name
albacore
Thunnus alalunga
amberjack
Seriola dumerili and S. rivoliana
Australian sardine
Sardinops neopilchardus or Sardinops sagax
barramundi
Lates calcarifer
barred javelin
Pomadasys kaakan
beachworm
family Onuphidae
bigeye tuna
Thunnus obesus
billfish
families Istiophoridae and Xiphiidae
bivalve mollusc
class Bivalvia
black jewfish
Protonibea diacanthus
blacklip oyster
Striostrea mytiloides
blacklip pearl oyster
Pinctada margaritifera
blackspotted rockcod
Epinephelus malabaricus
black teatfish
Holothuria whitmaei (previously Holothuria nobilis)
bloodworm
family Eunicidae
blue swimmer crab
Portunus armatus
blue threadfin
Eleutheronema tetradactylum
cobia
Rachycentron canadum
diamondscale mullet
Liza vaigiensis
Dorab wolf herring
Chirocentrus dorab
dusky flathead
Platycephalus fuscus
eel
Anguilla spp.
fanfish
family Bramidae
flathead
Platycephalus spp.
garfish
family Hemiramphidae
gastropod
class Gastropoda
giant clam
family Tridacnidae
giant helmet shell
Cassis cornuta
giant queenfish
Scomberoides commersonnianus
goldenline whiting
Sillago analis
golden snapper
Lutjanus johnii
goldlip pearl oyster
Pinctada maxima
goldspotted rockcod
Epinephelus coioides
grass emperor
Lethrinus laticaudis
great barracuda
Sphyraena barracuda
green snail
Turbo marmoratus
grey mackerel
Scomberomorus semifasciatus
grey reef shark
Carcharhinus amblyrhynchos
guitarfish
family Rhynchobatidae
hammerhead shark
Sphyrna spp.
helmet shell
Cassis cornuta
king threadfin
Polydactylus macrochir
longtail tuna
Thunnus tonggol
luderick
Girella tricuspidata
mahi mahi
Coryphaena spp.
mangrove jack
Lutjanus argentimaculatus
manta ray
Manta spp.
maray
Etrumeus teres
marine yabby
Trypaea australiensis
milky oyster
Saccostrea cuccullata
mud crab
Scylla spp.
mullet
family Mugilidae
mulloway
Argyrosomus holoepidotus
Northern bluefin tuna
Thunnus orientalis
Northern whiting
Sillago sihama
painted crayfish
Panulirus ornatus
pearl oyster—see entries for blacklip pearl oyster and goldlip pearl oyster
pickhandle barracuda
Sphyraena jello
pikey bream
Acanthopagrus berda
pipi
family Donacidae
pomfret
family Bramidae
queenfish
Scomberoides spp.
ray
orders Myliobatiformes, Rajiformes, Torpediniformes, Rhiniformes and Rhinobatiformes
samsonfish
Seriola hippos
sandtiger shark
Odontaspis ferox
sand whiting
Sillago ciliata
sawfish
family Pristidae
scaly jewfish
Nibea squamosa
school mackerel
Scomberomorus queenslandicus
sea cucumber
families Holothuriidae and Stichopodidae
sea mullet
Mugil cephalus
shark
order Carcharhiniformes, order Lamniformes and order Orectolobiformes
shark mackerel
Grammatorcynus bicarinatus
shovelnose ray
family Rhinobatidae
silver javelin
Pomadasys argenteus
skipjack tuna
Katsuwonus pelamis
Southern bluefin tuna
Thunnus maccoyii
spanner crab
Ranina ranina
speartooth shark
genus Glyphis
spotted mackerel
Scomberomorus munroi
swallowtail dart
Trachinotus coppingeri
tailor
Pomatomus saltatrix
tarwhine
Rhabdosargus sarba
teraglin
Atractoscion aequidens
three-spotted crab
Portunus sanguinolentus
trevally
family Carangidae
trochus
Trochus niloticus
tropical rocklobster
family Palinuridae
trumpeter whiting
Sillago maculata
trumpet shell
Charonia tritonis
wahoo
Acanthocybium solandri
white shark
Carcharodon carcharias
whitetip reef shark
Triaenodon obesus
yellowfin bream
Acanthopagrus australis
yellowfin tuna
Thunnus albacares
yellowtail kingfish
Seriola lalandi
sch 6 pt 5 prev sch 6 pt 6 amd 2008 SL No. 156
s 17; 2008 SL No. 384
s 14
(2); 2008 SL No. 448
s 100
(2)–(3)
sub 2009 SL No. 61
s 41
amd 2009 SL No. 114
s 26; 2010 SL No. 164
s 67; 2012 SL No. 252
s 6
sch; 2013 SL No. 270
s 16
(2)–(3)
renum 2016 SL No. 75
s 129
sch 12
amd 2016 SL No. 193
s 44
(2); 2017 SL No. 135
s 5; 2019 SL No. 61
s 10
Schedule 7
Prescribed reference documents for scientific names for fish
sections 6
(3) and 7
Reference document
1
Rees, A.J.J., Yearsley, G.K., and Gowlett-Holmes, K., ‘Codes for Australian Aquatic Biota’, CSIRO Marine and Atmospheric Research, World Wide Web electronic publications, 1999 onwards, available on the notification day at www.marine.csiro.au/caab/
2
Froese, R. and Pauly, D., Editors, 2007, ‘FishBase’, World Wide Web electronic publication, available on the notification day at www.fishbase.org/search.php
sch 7 amd 2008 SL No. 448
s 101; 2009 SL No. 61
s 42; 2010 SL No. 164
s 68
Schedule 8
Fees relating to development
section 708
Part 1
Resource allocation authorities
$
1
Assessment of application for resource allocation authority relating to—
(a)
prescribed declared fish habitat area development—
(i)
for a level 1 assessment
601.70
(ii)
for a level 2 assessment
1,853.10
(iii)
for a level 3 assessment
3,552.00
(iv)
for a level 4 assessment
7,257.15
(v)
for a level 5 assessment
18,066.75
(b)
development mentioned in the
Planning Regulation 2017
, schedule 24, definition non-referable building work, paragraph (d) or that is operational work impacting on marine plants that is dead marine wood on unallocated State land for trade or commerce
601.70
(c)
prescribed aquaculture development—
(i)
for a level 1 assessment
601.70
(ii)
for a level 2 assessment
1,853.10
(iii)
for a level 3 assessment
3,552.00
(iv)
for a level 4 assessment
7,257.15
(v)
for a level 5 assessment
18,066.75
2
Assessment of application for renewal of resource allocation authority
601.70
Part 2
Fish movement exemption notices
$
1
Assessment of application for fish movement exemption notice—
(a)
for a level 1 assessment
601.70
(b)
for a level 2 assessment
1,853.10
(c)
for a level 3 assessment
3,552.00
(d)
for a level 4 assessment
7,257.15
(e)
for a level 5 assessment
18,066.75
sch 8 amd 2008 SL No. 314
s 27; 2009 SL No. 176
s 27; 2009 SL No. 280
s 84; 2010 SL No. 268
s 11; 2011 SL No. 106
s 18; 2012 SL No. 92
s 24; 2013 SL No. 27
s 7; 2013 SL No. 102
s 18; 2014 SL No. 113
s 19; 2015 SL No. 57
s 19; 2016 SL No. 99
s 17; 2017 SL No. 111
s 19; 2017 SL No. 103
s 66
sub 2018 SL No. 98
s 18
Schedule 9
Other fees
sections 256
(3) and 711
Part 1
Fees for licences
Licence
$
Carrier boat licence
Registration fee
327.65
Annual fee
327.65
Charter fishing licence
Registration fee
327.65
Annual fee
327.65
Commercial fisher licence
Registration fee
327.65
Annual fee
327.65
Commercial fishing boat licence
Registration fee
327.65
Annual fee
327.65
Commercial harvest fishery licence
Registration fee
327.65
Annual fee
327.65
Part 2
Fees for fishery symbols or quota authorities
Fishery symbol or quota authority
$
Commercial harvest fisheries
A1
380.05
A2
124.50
B1
13.1038/unit
D
6.5519/unit
E
124.50
F
124.50
G
124.50
H
124.50
J1 where a unit equals each whole 100kg entitled to be taken under the licence on which the symbol is written
13.1038/unit
JE
124.50
O
65.5193/area
P
380.05
W1
124.50
W2
124.50
Y
124.50
Commercial line fisheries
L1
380.05
L2
380.05
L3
380.05
L4
1,113.75
L8
1,113.75
Commercial net fisheries
K1
760.10
K2
760.10
K3
760.10
K4
760.10
K5
760.10
K6
760.10
K7
760.10
K8
760.10
N1
380.05
N2
760.10
N3
1,441.55
N4
2,883.00
N10
1,113.75
N11
196.55
N12
22,901.05
N13
12,722.85
East coast trawl fishery
M1
nil
M2
1,113.75
T1
nil
T2
nil
T5
380.05
T6
380.05
T7
380.05
T8
380.05
T9
380.05
‘T1’ effort unit
0.3934
‘T2’ effort unit
0.3934
Other commercial fisheries
SM
nil
SM unit
0.1965
C1
380.05
C2
nil
C3
380.05
ITQ unit
0.9828
R where a unit equals each 1kg of (whole weight) fish entitled to be taken under the licence on which the symbol is written
0.3934/unit
S
760.10
T4
380.05
T4-ITQ unit
0.03669
RQ
nil
CT line unit
0.3934
OS line unit
0.1965
RTE line unit
0.1965
Part 3
Other fees
$
1
Application for general fisheries permit
327.65
2
Application for developmental fishing permit
6,159.10
3
Application for indigenous fishing permit
nil
4
For a stocked impoundment permit—
(a)
permit fee for 1 week
10.00
(b)
permit fee for 1 year for a person (an eligible person) who holds—
(i)
a Queensland Government seniors card; or
(ii)
any of the following cards issued by the Commonwealth department in which the
Social Security Act 1991 (Cwlth) or the
Veterans’ Entitlements Act 1986 (Cwlth) is administered—
(A)
a pensioner concession card;
(B)
a health care card;
(C)
a repatriation health card for all conditions
36.00
(c)
permit fee for 1 year for a person other than an eligible person
50.00
5
For an application for an authority other than an authority mentioned in items 1 to 4 of this table or in s 708
at reasonable cost, but no more than actual cost
6
For a request to amend a licence (Act, s 63(4)(d))—
(a)
if the request is to replace a boat identified in the licence
163.85
(b)
otherwise
at reasonable cost, but no more than actual cost
7
For a fishery symbol movement application
163.85
8
For an application to register the transfer of an authority (Act, s 65A(4))—
(a)
for a temporary transfer under s 65C of the Act
32.80
(b)
otherwise
163.85
9
Application for a replacement authority (Act, s 71(2)(b))
32.80
10
For inspecting, or obtaining a copy of details in, the register (Act, s 73(4))
at reasonable cost, but no more than actual cost
11
For an application for a certificate, about an authority, under s 74(3) of the Act
163.85
sch 9 amd 2008 SL No. 431
s 22; 2008 SL No. 448
s 102; 2009 Act No. 24
s 537; 2009 SL No. 33
s 40; 2010 SL No. 35
s 21
sub 2011 SL No. 106
s 19
amd 2011 SL No. 236
s 26; 2012 SL No. 163
s 5; 2012 SL No. 252
s 6
sch; 2012 SL No. 163
s 4 (amd 2012 SL No. 252
s 37)
sub 2013 SL No. 102
s 19; 2014 SL No. 113
s 20
amd 2015 SL No. 12
s 30
sub 2015 SL No. 57
s 20
amd 2016 SL No. 99
s 18; 2016 SL No. 193
s 45
sub 2017 SL No. 111
s 20; 2018 SL No. 98
s 19
amd 2019 SL No. 71
s 52
Schedule 9A
Release of non-indigenous fisheries resources
section 624
Column 1
Column 2
Queensland waters
Non-indigenous fisheries resources
Albert river basin
Australian lungfish
golden perch
Mary River cod
Auburn river basin
Australian bass
barramundi
golden perch
silver perch
Southern saratoga
Barambah river basin
Australian bass
barramundi
golden perch
silver perch
Southern saratoga
Barron river basin
khaki grunter
sooty grunter
Belyando river basin
sooty grunter
Bowen river basin
sooty grunter
Boyne river basin
silver perch
Southern saratoga
Bremer river basin
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Brisbane river basin
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Burdekin river basin
sooty grunter
Burnett river basin
Australian bass
golden perch
silver perch
Southern saratoga
Burrum river basin
Australian bass
golden perch
silver perch
Southern saratoga
Caboolture river basin
golden perch
Mary River cod
silver perch
Comet river basin
barramundi
Dawson river basin
barramundi
silver perch
Fitzroy river basin
silver perch
Gregory river basin
Australian bass
Kolan river basin
Australian bass
silver perch
Lake Borumba
Southern saratoga
Lake Macdonald
Southern saratoga
Lockyer river basin
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Logan river basin
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Mackenzie river basin
barramundi
Maroochy river basin
golden perch
Mary River cod
silver perch
Mary river basin
Australian bass
golden perch
silver perch
Nogo river basin
Australian bass
barramundi
golden perch
silver perch
Southern saratoga
Nogoa river basin
barramundi
silver perch
North Pine river basin
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Southcoast river basin
Australian lungfish
golden perch
silver perch
Southern saratoga
South Pine river basin
Australian lungfish
golden perch
Mary River cod
silver perch
Stanley river basin
Australian bass
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
sch 9A ins 2019 SL No. 71
s 53
Schedule 10
Defined port areas
schedule 11, part 2 definition defined port area
sch hdg amd 2009 SL No. 176
s 28
1
2
Name
Description
Southport port area
the area within the following boundary—
•
from latitude 27º55.73' south, longitude 153º23.53' east to latitude 27º55.73' south, longitude 153º26.01' east
•
to latitude 27º59.47' south, longitude 153º26.01' east
•
to latitude 27º59.47' south, longitude 153º23.53' east
•
to latitude 27º55.73' south, longitude 153º23.53' east
Brisbane port area
the area within the following boundary—
•
from latitude 27º30.00' south, longitude 153º00.00' east to latitude 27º00.00' south, longitude 153º east
•
to latitude 27º00.00' south, longitude 153º12.00' east
•
to latitude 27º30.00' south, longitude 153º12.00' east
•
to latitude 27º30.00' south, longitude 153º00.00' east
Mooloolaba port area
the area within the following boundary—
•
from latitude 26º42.72' south, longitude 153º07.06' east to latitude 26º40.86' south, longitude 153º08.28' east
•
to latitude 26º40.54' south, longitude 153º06.27' east
•
to latitude 26º38.03' south, longitude 153º06.13' east
•
to latitude 26º38.07' south, longitude 153º03.68' east
•
to latitude 26º42.72' south, longitude 153º07.06' east
Tin Can Bay port area
the area within the following boundary—
•
from latitude 25º49.60' south, longitude 152º57.80' east to latitude 25º49.60' south, longitude 153º04.24' east
•
to latitude 25º59.89' south, longitude 153º04.24' east
•
to latitude 25º59.89' south, longitude 152º57.80' east
•
to latitude 25º49.60' south, longitude 152º57.80' east
Urangan port area
the area within the following boundary—
•
from latitude 25º17.59' south, longitude 152º54.70' east to latitude 25º17.62' south, longitude 152º55.09' east
•
to latitude 25º18.02' south, longitude 152º54.91' east
•
to latitude 25º18.00' south, longitude 152º54.50' east
•
to latitude 25º17.59' south, longitude 152º54.70' east
Bundaberg port area
the area within the following boundary—
•
from latitude 24º45.15' south, longitude 152º19.83' east to latitude 24º45.15' south, longitude 152º25.68' east
•
to latitude 24º52.49' south, longitude 152º25.68' east
•
to latitude 24º52.49' south, longitude 152º19.83' east
•
to latitude 24º45.15' south, longitude 152º19.83' east
Gladstone port area
the area within the following boundary—
•
from latitude 23º49.67' south, longitude 151º14.24' east to latitude 23º49.67' south, longitude 151º15.24' east
•
to latitude 23º50.29' south, longitude 151º15.24' east
•
to latitude 23º50.29' south, longitude 151º14.24' east
•
to latitude 23º49.67' south, longitude 151º14.24' east
Rosslyn Bay port area
the area within the following boundary—
•
from latitude 23º09.54' south, longitude 150º47.00' east to latitude 23º09.54' south, longitude 150º47.44' east
•
to latitude 23º09.87' south, longitude 150º47.44' east
•
to latitude 23º09.87' south, longitude 150º47.00' east
•
to latitude 23º09.54' south, longitude 150º47.00' east
Mackay port area
the area within the following boundary—
•
from latitude 21º06.91' south, longitude 149º11.53' east to latitude 21º08.54' south, longitude 149º10.92' east
•
to latitude 21º09.01' south, longitude 149º13.38' east
•
to latitude 21º05.94' south, longitude 149º13.62' east
•
to latitude 21º06.91' south, longitude 149º11.53' east
Bowen port area
the area within the following boundary—
•
from latitude 20º01.18' south, longitude 148º16.32' east to latitude 20º01.70' south, longitude 148º15.76' east
•
to latitude 20º01.46' south, longitude 148º14.81' east
•
to latitude 20º00.75' south, longitude 148º14.75' east
•
to latitude 20º01.18' south, longitude 148º16.32' east
Townsville port area
the area within the following boundary—
•
from latitude 19º14.13' south, longitude 146º48.00' east to latitude 19º18.12' south, longitude 146º47.78’ east
•
to latitude 19º16.63' south, longitude 146º50.55' east
•
to latitude 19º14.41' south, longitude 146º50.15' east
•
to latitude 19º14.13' south, longitude 146º48.00' east
Lucinda port area
the area within the following boundary—
•
from latitude 18º29.72' south, longitude 146º19.09' east to latitude 18º32.89' south, longitude 146º19.28' east
•
to latitude 18º33.76' south, longitude 146º16.72' east
•
to latitude 18º29.80' south, longitude 146º14.95' east
•
to latitude 18º29.72' south, longitude 146º19.09' east
Mourilyan port area
the area within the following boundary—
•
from latitude 17º35.76' south, longitude 146º06.25' east to latitude 17º37.36' south, longitude 146º06.84' east
•
to latitude 17º36.34' south, longitude 146º08.07’ east
•
to latitude 17º35.51' south, longitude 146º07.63' east
•
to latitude 17º35.76' south, longitude 146º06.25' east
Innisfail port area
the area within the following boundary—
•
from latitude 17º30.00' south longitude 146º00.75' east to latitude 17º32.00' south, longitude 146º00.75’ east
•
to latitude 17º32.00' south, longitude 146º04.75' east
•
to latitude 17º30.00' south, longitude 146º04.75' east
•
to latitude 17º30.00' south longitude 146º00.75' east
Cairns port area
the area within the following boundary—
•
from latitude 16º54.00' south, longitude 145º44.50' east to latitude 17º00.00' south, longitude 145º44.50' east
•
to latitude 17º00.00' south, longitude 145º48.75' east
•
to latitude 16º54.00' south, longitude 145º48.75' east
•
to latitude 16º54'00' south, longitude 145º44.50' east
Port Douglas port area
the area within the following boundary—
•
from latitude 16º28.50' south, longitude 145º27.00' east to latitude 16º29.50' south longitude 145º27.00' east
•
to latitude 16º29.50' south, longitude 145º28.00' east
•
to latitude 16º28.50' south, longitude 145º28.00' east
•
to latitude 16º28.50' south, longitude 145º27.00' east
Cooktown port area
the area within the following boundary—
•
from latitude 15º26.00' south, longitude 145º10.75' east to latitude 15º28.00' south longitude 145º10.75' east
•
to latitude 15º28.00' south, longitude 145º15.50' east
•
to latitude 15º26.00' south longitude 145º15.50' east
•
to latitude 15º26.00' south, longitude 145º10.75' east
Schedule 10A
Prescribed stocked impoundments
schedule 11, section 6B
•
Aplins Weir
•
Baroon Pocket Dam
•
Beehive Dam
•
Ben Anderson Barrage
•
Ben Dor Weir
•
Bill Gunn Dam (Lake Dyer)
•
Bjelke-Petersen Dam
•
Black Weir
•
Bonshaw Weir
•
Boondooma Dam
•
Borumba Dam
•
Burdekin Falls Dam
•
Caboolture River Weir
•
Callide Dam
•
Cania Dam
•
Cecil Plains Weir
•
Chinchilla Weir
•
Claude Wharton Weir
•
Connolly Dam
•
Cooby Dam
•
Coolmunda Dam
•
Cressbrook Dam
•
Cunningham (Beebo) Weir
•
Eungella Dam
•
Ewen Maddock Dam
•
Fairbairn Dam
•
Fred Haigh Dam (Lake Monduran)
•
Gil Weir
•
Gleeson Weir
•
Glenarbon Weir
•
Glenlyon Dam
•
Goondiwindi (Hilton) Weir
•
Gordonbrook Dam
•
Hinze Dam
•
Inglewood Town Weir
•
Isis Balancing Storage (Lake Gregory)
•
Jones Weir
•
Kinchant Dam
•
Koombooloomba Dam
•
Lake Belmore
•
Lake Kurwongbah
•
Lake MacDonald
•
Lemon Tree Weir
•
Lenthalls Dam
•
Leslie Dam
•
Maroon Dam
•
Miles Weir
•
Moogerah Dam
•
North Pine Dam
•
Peter Faust Dam
•
Somerset Dam
•
Storm King Dam
•
Surat Weir
•
Talgai Weir
•
Teemburra Dam
•
Theresa Creek Dam
•
Tinaroo Falls Dam (Lake Tinaroo)
•
Whetstone Weir
•
Wivenhoe Dam
•
Woodford Weir
•
Wuruma Dam
•
Wyaralong Dam
•
Yarramalong Weir
sch 10A ins 2010 SL No. 35
s 22
amd 2011 SL No. 224
s 37; 2014 SL No. 69
s 19; 2016 SL No. 74
s 8; 2016 SL No. 193
s 46
Schedule 10B
River basins where non-indigenous fisheries resources can not be released
section 220B
(2)
•
Baffle
•
Barron
•
Bloomfield
•
Bulloo
•
Curtis Island
•
Daintree
•
Endeavour
•
Fraser Island
•
Hann (with the river basin reference number 1050)
•
Hinchinbrook Island
•
Jacky Jacky
•
Jeannie
•
Lockhart
•
Mossman
•
Mulgrave
•
Murray
•
Noosa
•
Normanby
•
North Johnstone
•
Olive
•
Pascoe
•
river basins comprising the Gulf of Carpentaria drainage division
•
river basins comprising the Lake Eyre drainage division
•
river basins comprising the Murray–Darling drainage division
•
Russell
•
Shoalwater
•
South Johnstone
•
Stewart
•
Stradbroke Islands
•
Tully
•
Waterpark
•
Whitsunday Island
sch 10B ins 2010 SL No. 35
s 22
amd 2019 SL No. 71
s 59
sch 1
Schedule 10C
River basins where aquaculture fisheries resources can be released
section 634
(2)
(c)
Part 1
Preliminary
1
References to stocks of barramundi in pt 2
In part 2—
barramundi (central east coast stock) means barramundi of the population indigenous to the area from the northern boundary of the O’Connell river basin to the southern boundary of the Shoalwater river basin.
barramundi (east coast Cape York stock) means barramundi of the population indigenous to the area from the northern boundary of the Jacky Jacky river basin to the eastern boundary of the Normanby river basin.
barramundi (mid north-east coast stock) means barramundi of the population indigenous to the area from the northern boundary of the Endeavour river basin to the southern boundary of the Burdekin river basin.
barramundi (north-west Cape York stock) means barramundi of the population indigenous to the area from the southern boundary of the Embley river basin to the northern boundary of the Jardine river basin.
barramundi (south-east coast stock) means barramundi of the population indigenous to the area from the northern boundary of the Fitzroy river basin to the southern boundary of the Mary river basin.
barramundi (south-east Gulf of Carpentaria stock) means barramundi of the population indigenous to the area from the north-western boundary of the Nicholson river basin to the northern boundary of the Watson river basin.
Part 2
River basins
Column 1
Column 2
River basin
Aquaculture fisheries resources that can be released
Albert
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
Alice
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Archer
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Auburn
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Southern saratoga
Baffle
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
Balonne
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Barambah
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Southern saratoga
Barcoo
golden perch (Lake Eyre drainage division stock)
Barron
barramundi (mid north-east coast stock)
khaki grunter
sooty grunter
Belyando
sooty grunter
Black
barramundi (mid north-east coast stock)
Border Rivers
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Bowen
sooty grunter
Boyne
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
silver perch
Southern saratoga
Bremer
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Southern saratoga
Brisbane
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Southern saratoga
Burdekin
barramundi (mid north-east coast stock)
sooty grunter
Burnett
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Southern saratoga
Burrum
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Caboolture
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Calliope
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
Clarke
sooty grunter
Cliffdale
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Cloncurry
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Coen
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Coleman
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Comet
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (east coast drainage division stock)
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Southern saratoga
Condamine
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Cooper Creek
golden perch (Lake Eyre drainage division stock)
Curtis Island
barramundi (south-east coast stock)
Daintree
barramundi (mid north-east coast stock)
khaki grunter
Dawson
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (east coast drainage division stock)
silver perch
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Southern saratoga
Diamantina
golden perch (Lake Eyre drainage division stock)
Dulhunty
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Edward
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Eight Mile
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Einasleigh
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Elliott
Australian bass
barramundi (south-east coast stock)
silver perch
Embley
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Endeavour
barramundi (mid north-east coast stock)
Fitzroy
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (east coast drainage division stock)
silver perch
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Southern saratoga
Flinders
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Fraser Island
freshwater catfish (east coast drainage division stock)
Georgina
golden perch (Lake Eyre drainage division stock)
Gilbert
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Gregory
Australian bass
barramundi (south-east coast stock)
Hann
(with the river basin reference number 1050)
barramundi (east coast Cape York stock)
redclaw
Hann
(with the river basin reference number 9102)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Haughton
barramundi (mid north-east coast stock)
Herbert
barramundi (mid north-east coast stock)
sooty grunter
Hinchinbrook Island
barramundi (mid north-east coast stock)
Holroyd
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Isaac
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (east coast drainage division stock)
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Southern saratoga
Jackson
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
Jacky Jacky
barramundi (east coast Cape York stock)
redclaw
Jardine
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
Kendall
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Kolan
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
silver perch
L Creek
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Leichardt
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Lockhart
barramundi (east coast Cape York stock)
redclaw
Lockyer
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Southern saratoga
Logan
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Macintyre
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Mackenzie
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (east coast drainage division stock)
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Southern saratoga
Maranoa
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Maroochy
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Mary
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Mission
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Mitchell
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Moonie
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Morning
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Mornington Island
redclaw
Mossman
barramundi (mid north-east coast stock)
Mulgrave
barramundi (mid north-east coast stock)
khaki grunter
sooty grunter
Mulligan
golden perch (Lake Eyre drainage division stock)
Murray
barramundi (mid north-east coast stock)
khaki grunter
sooty grunter
Nebine
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Nicholson
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Nogo
Australian bass
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Southern saratoga
Nogoa
barramundi (south-east coast stock)
freshwater catfish (east coast drainage division stock)
golden perch (east coast drainage division stock)
silver perch
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Southern saratoga
Noosa
Australian bass
freshwater catfish (east coast drainage division stock)
Norman
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Normanby
barramundi (east coast Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
North Johnstone
barramundi (mid north-east coast stock)
khaki grunter
sooty grunter
North Pine
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Southern saratoga
O’Connell
barramundi (central east coast stock)
Olive
barramundi (east coast Cape York stock)
redclaw
Palmer
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Paroo
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Pascoe
barramundi (east coast Cape York stock)
redclaw
Pioneer
barramundi (central east coast stock)
sooty grunter
Plane
barramundi (central east coast stock)
sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Ross
barramundi (mid north-east coast stock)
Russell
barramundi (mid north-east coast stock)
khaki grunter
sooty grunter
Saxby
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Settlement
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Severn
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Shoalwater
barramundi (central east coast stock)
freshwater catfish (east coast drainage division stock)
Skardon
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
Southcoast
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Southern saratoga
South Johnstone
barramundi (mid north-east coast stock)
khaki grunter
South Pine
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
silver perch
Staaten
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Stanley
Australian bass
freshwater catfish (east coast drainage division stock)
golden perch (Murray-Darling drainage division stock)
Mary River cod
silver perch
Southern saratoga
Stewart
barramundi (east coast Cape York stock)
redclaw
Styx
barramundi (central east coast stock)
Thomson
golden perch (Lake Eyre drainage division stock)
Torres Strait Islands
redclaw
Tully
barramundi (mid north-east coast stock)
khaki grunter
sooty grunter
Walsh
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Warrego
freshwater catfish (Murray-Darling drainage division stock)
golden perch (Murray-Darling drainage division stock)
Murray cod
silver perch
Waterpark
freshwater catfish (east coast drainage division stock)
Watson
barramundi (south-east Gulf of Carpentaria stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
Wenlock
barramundi (north-west Cape York stock)
redclaw
sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
sooty grunter
sch 10C ins 2010 SL No. 35
s 22
amd 2019 SL No. 71
s 59
sch 1
Schedule 10D
Waters where scallops may be processed on a boat
section 392GS
(3)
(a)
sch 10D hdg ins 2010 SL No. 35
s 22
sub 2019 SL No. 71
s 54
1
Tin Can Bay public wharf area
Tin Can Inlet within a 1n mile radius of the public wharf at Tin Can Bay township.
s 1 ins 2019 SL No. 71
s 54
2
Parts of Hervey Bay
(1)
Hervey Bay within the following boundary—
•
from latitude 25º19.00' south, longitude 152º55.00' east then eastward along latitude 25º19.00' south to the intersection with the western shore of Big Woody Island
•
north along the western shore of Big Woody Island to the northern tip of Big Woody Island
•
to latitude 25º17.49' south, longitude 152º55.66' east
•
to latitude 25º18.10' south, longitude 152º55.66' east
•
to latitude 25º18.10' south, longitude 152º55.00' east
•
to latitude 25º19.00' south, longitude 152º55.00' east.
(2)
Hervey Bay within the following boundary—
•
from the special mark known as EU1 to the south cardinal mark known as S6
•
to the special mark known as S4
•
to the special mark known as EU1.
s 2 ins 2019 SL No. 71
s 54
3
Burnett River from near Bundaberg to near Millaquin Sugar Mill
The Burnett River, Bundaberg between the railway bridge and the shortest straight line across the river from the pump station at the Millaquin Sugar Mill.
s 3 ins 2019 SL No. 71
s 54
4
Area near Gladstone
The area near Gladstone within the following boundary—
•
from the green beacon near the northern shore at the mouth of Auckland Inlet to the rear lead at Targinie Channel, Middle Bank
•
to Permain Point on the southern tip of Picnic Island
•
along the western shore of Picnic Island to its northern tip
•
to the northern tip of Clinton Coal Wharf
•
to the shore on the northern side of the wharf
•
to the green beacon near the northern shore at the mouth of Auckland Inlet.
s 4 ins 2019 SL No. 71
s 54
5
Area near Yeppoon
Waters near Double Head, near Yeppoon, within the following boundary—
•
from the intersection of latitude 23º10.40' south with the mainland shore (near Bluff Point)
•
to latitude 23º10.40' south, longitude 150º48.56' east
•
to latitude 23º09.65' south, longitude 150º48.56' east
•
to Double Head
•
to Wreck Point
•
along the shore to latitude 23º10.40' south.
s 5 ins 2019 SL No. 71
s 54
6
Area near Bowen
Waters west of Stone Island, near Bowen, within the following boundary—
•
from Dalrymple Point to the western side of South Head, Stone Island
•
along the western shore of Stone Island to the tip of the sand spit at the island’s south-western tip
•
to the lead known as M5
•
to Dalrymple Point.
s 6 ins 2019 SL No. 71
s 54
7
Area west of Cape Cleveland
Waters west of Cape Cleveland within the following boundary—
•
from Cape Cleveland along the shore to longitude 147º00.07' east
•
along longitude 147º00.07' east to latitude 19º11.91' south
•
along latitude 19º11.91' south to the shore
•
along the shore to Cape Cleveland.
s 7 ins 2019 SL No. 71
s 54
8
Area west of Magnetic Island
Waters west of Magnetic Island within the following boundary—
•
from latitude 19º07.91' south, on the western shore of Magnetic Island, along the latitude to longitude 146º46.07' east
•
along longitude 146º46.07' east to latitude 19º08.91' south
•
along latitude 19º08.91' south to the shore of Magnetic Island
•
along the shore to latitude 19º07.91' south.
s 8 ins 2019 SL No. 71
s 54
9
Part of North East Bay (Great Palm Island)
North East Bay (Great Palm Island) within the following boundary—
•
from longitude 146º41.07' east, on the northern shore of Great Palm Island, along the longitude to latitude 18º42.91' south
•
along latitude 18º42.91' south to longitude 146º40.07' east
•
along longitude 146º40.07' east to the shore of Great Palm Island
•
along the shore to longitude 146º41.07' east.
s 9 ins 2019 SL No. 71
s 54
10
Lucinda Services Jetty area
Waters within a 1km radius of the seaward end of the Lucinda Services Jetty, Lucinda.
s 10 ins 2019 SL No. 71
s 54
sch 10D ins 2010 SL No. 35
s 22
sub 2019 SL No. 71
s 54
Schedule 10E
Particular areas for the east coast trawl fishery
section 392AA
(2)
sch 10E hdg ins 2014 SL No. 282
s 18
sub 2019 SL No. 71
s 54
1
Meaning of Brisbane River mouth area–north
Brisbane River mouth area–north means Brisbane River within the following boundary—
•
from latitude 27º21.74' south on the mainland shore (Juno Point approximately latitude 27º21.74' south, longitude 153º09.27' east) to latitude 27º20.54' south, longitude 153º10.13' east (the second green beacon marking the Koopa Channel)
•
to latitude 27º20.00' south, longitude 153º11.50' east (the Western Coffee Pot beacon)
•
to latitude 27º21.57' south, longitude 153º10.40' east (the Western Inner Bar beacon)
•
to longitude 153º09.60' east on the mainland shore (Luggage Point approximately latitude 27º22.69' south, longitude 153º09.60' east)
•
to latitude 27º21.74' south on the mainland shore.
s 1 ins 2019 SL No. 71
s 54
2
Meaning of Brisbane River mouth area–south
Brisbane River mouth area–south means Brisbane River within the following boundary—
•
from latitude 27º21.63' south, longitude 153º10.53' east (the Eastern Inner Bar beacon) to latitude 27º20.07' south, longitude 153º11.63' east (the Eastern Coffee Pot beacon)
•
to latitude 27º20.01' south, longitude 153º11.75' east
•
to latitude 27º21.44' south, longitude 153º10.83' east
•
to latitude 27º21.63' south, longitude 153º10.53' east.
s 2 ins 2019 SL No. 71
s 54
3
Meaning of Brisbane River–Victoria Bridge to Juno Point area
Brisbane River–Victoria Bridge to Juno Point area means Brisbane River between the Victoria Bridge and a line from the F↑B sign at Juno Point to the eastern bank of the river.
s 3 ins 2019 SL No. 71
s 54
4
Meaning of central area
The central area means waters within the following boundary—
•
from the intersection of latitude 22º00.00' south with the mainland shore at high water mark (approximately latitude 22º00.00' south, longitude 149º29.68' east)
•
along the shore to latitude 21º28.42' south, longitude 149º20.53' east (Allom Point, southern boundary of Llewellyn Bay)
•
to latitude 21º25.91' south, longitude 149º20.20' east (Freshwater Point, northern boundary of Llewellyn Bay)
•
along the shore to latitude 21º14.71' south, longitude 149º15.36' east (Dudgeon Point)
•
to latitude 21º12.60' south, longitude 149º11.73' east
•
along the shore to latitude 21º08.84' south, longitude 149º12.63' east
•
to latitude 21º08.86' south, longitude 149º13.26' east (East Point)
•
along the shore and breakwall to latitude 21º06.38' south, longitude 149º14.10' east (southern breakwall at Mackay outer harbour)
•
to latitude 21º06.27' south, longitude 149º13.95' east (northern breakwall at Mackay outer harbour)
•
along the breakwall and shore to latitude 20º29.44' south, longitude 148º42.91' east
•
to latitude 20º28.89' south, longitude 148º44.21' east
•
along the shore to latitude 20º06.80' south, longitude 148º26.81' east
•
to latitude 20º09.54' south, longitude 148º25.36' east
•
along the shore and wharf to latitude 20º01.38' south, longitude 148º15.11' east
•
to latitude 20º01.48' south, longitude 148º15.95' east (Dalrymple Point)
•
along the shore to latitude 19º16.24' south, longitude 146º50.15' east
•
to latitude 19º16.13' south, longitude 146º50.13' east
•
to latitude 19º15.32' south, longitude 146º50.80' east
•
to latitude 19º14.57' south, longitude 146º50.14' east
•
to latitude 19º14.62' south, longitude 146º50.00' east
•
to latitude 19º15.01' south, longitude 146º49.74' east
•
to latitude 19º14.97' south, longitude 146º49.43' east
•
to latitude 19º14.98' south, longitude 146º49.35' east
•
along the shore to latitude 17º36.09' south, longitude 146º07.95' east (Hall Point)
•
to latitude 17º35.98' south, longitude 146º07.73' east (Goodman Point)
•
along the shore to latitude 17º30.65' south, longitude 146º04.22' east
•
to latitude 17º30.31' south, longitude 146º04.63' east (Flying Fish Point)
•
along the shore to latitude 16º55.36' south, longitude 145º47.21' east (Stafford Point)
•
to latitude 16º55.07' south, longitude 145º46.92' east (northern breakwall end at the entrance to Cairns Port)
•
along the breakwall and shore to latitude 16º28.69' south, longitude 145º27.85' east (Island Point)
•
to latitude 16º28.83' south, longitude 145º27.34' east
•
along the mainland shore to latitude 16º00.00' south
•
to latitude 16º00.00' south, longitude 146º42.122' east
•
to latitude 18º19.889' south, longitude 148º20.043' east
•
to latitude 18º44.900' south, longitude 152º35.040' east
•
to latitude 21º09.053' south, longitude 154º00.873' east
•
to latitude 21º08.978' south, longitude 152º48.000' east
•
to latitude 21º20.000' south, longitude 152º48.100' east
•
to latitude 22º00.00' south, longitude 152º56.579' east
•
to latitude 22º00.00' south, longitude 149º29.680' east.
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Meaning of Cleveland Bay area
Cleveland Bay area means Cleveland Bay, near Townsville, south of a line from Cape Pallarenda to Cape Cleveland.
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Meaning of Comboyuro Point to Caloundra Head area
Comboyuro Point to Caloundra Head area means waters within the following boundary—
•
from Comboyuro Point, Moreton Island, to the NW2 special mark beacon at the entrance to the North West Channel near Caloundra
•
to Caloundra Head
•
along the shore to the F↑B sign at the southern tip of the sand spit between Kings Beach and Bulcock Beach, Caloundra
•
to the F↑B sign at the northern tip of Bribie Island
•
along the eastern shore of Bribie Island to Skirmish Point
•
to Comboyuro Point.
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Meaning of deep water net area
The deep water net area means waters within the following boundary—
•
from latitude 28º03.48' south, longitude 153º47.06' east to latitude 27º25.90' south, longitude 153º39.06' east
•
to latitude 27º01.90' south, longitude 153º31.26' east
•
to latitude 26º40.90' south, longitude 153º31.06' east
•
to latitude 26º29.90' south, longitude 153º34.06' east
•
to latitude 26º19.90' south, longitude 153º40.76' east
•
to latitude 26º09.90' south, longitude 153º50.06' east
•
to latitude 24º59.90' south, longitude 153º35.06' east
•
to latitude 24º29.90' south, longitude 153º20.06' east
•
to latitude 24º21.05' south, longitude 153º08.83' east (the Breaksea Spit light, off the northern tip of Fraser Island)
•
to latitude 24º06.88' south, longitude 152º42.68' east (the light on Lady Elliot Island)
•
to latitude 23º54.49' south, longitude 152º23.38' east (the light on Lady Musgrave Island)
•
to latitude 23º11.13' south, longitude 151º54.16' east (the light on North Reef)
•
to latitude 22º34.40' south, longitude 151º56.06' east
•
to latitude 22º44.90' south, longitude 152º10.56' east
•
to latitude 22º38.63' south, longitude 152º43.43' east
•
to latitude 22º19.18' south, longitude 153º00.32' east
•
to latitude 22º00.00' south, longitude 152º56.58' east
•
to latitude 21º36.68' south, longitude 152º51.62' east
•
to latitude 21º20.00' south, longitude 152º48.10' east
•
to latitude 21º12.30' south, longitude 152º42.10' east
•
to latitude 21º01.40' south, longitude 152º39.56' east
•
to latitude 20º54.97' south, longitude 152º15.39' east
•
to latitude 20º52.31' south, longitude 152º02.46' east
•
to latitude 20º51.91' south, longitude 151º57.41' east
•
to latitude 20º55.00' south, longitude 151º45.50' east
•
to latitude 20º48.09' south, longitude 151º31.38' east
•
to latitude 20º46.78' south, longitude 151º29.13' east
•
to latitude 20º44.50' south, longitude 151º25.31' east
•
to latitude 20º42.67' south, longitude 151º22.73' east
•
to latitude 20º36.96' south, longitude 151º15.16' east
•
to latitude 20º30.27' south, longitude 151º07.61' east
•
to latitude 20º26.54' south, longitude 151º04.02' east
•
to latitude 20º18.86' south, longitude 150º58.23' east
•
to latitude 20º04.61' south, longitude 150º48.61' east
•
to latitude 19º56.81' south, longitude 150º42.56' east
•
to latitude 19º49.08' south, longitude 150º30.06' east
•
to latitude 19º59.91' south, longitude 150º30.06' east
•
to latitude 19º39.91' south, longitude 150º02.06' east
•
to latitude 19º29.91' south, longitude 149º49.06' east
•
to latitude 19º29.91' south, longitude 149º57.42' east
•
to latitude 19º17.66' south, longitude 149º34.06' east
•
to latitude 18º59.14' south, longitude 148º50.22' east
•
to latitude 18º50.19' south, longitude 148º22.26' east
•
to latitude 18º45.64' south, longitude 148º09.21' east
•
to latitude 18º42.97' south, longitude 148º05.16' east
•
to latitude 18º37.98' south, longitude 147º58.24' east
•
to latitude 18º29.24' south, longitude 147º49.77' east
•
to latitude 18º21.41' south, longitude 147º37.76' east
•
to latitude 18º19.31' south, longitude 147º24.77' east
•
to latitude 18º14.91' south, longitude 147º24.27' east
•
to latitude 18º11.41' south, longitude 147º15.07' east
•
to latitude 18º09.91' south, longitude 147º10.86' east
•
to latitude 18º02.84' south, longitude 147º01.90' east
•
to latitude 17º50.67' south, longitude 146º50.97' east
•
to latitude 17º45.36' south, longitude 146º48.82' east
•
to latitude 17º13.71' south, longitude 146º38.57' east
•
to latitude 16º59.91' south, longitude 146º32.57' east
•
to latitude 16º55.91' south, longitude 146º30.07' east
•
to latitude 16º43.41' south, longitude 146º20.07' east
•
to latitude 16º24.41' south, longitude 146º05.07' east
•
to latitude 16º15.91' south, longitude 146º01.07' east
•
to latitude 16º09.91' south, longitude 145º56.07' east
•
to latitude 15º59.91' south, longitude 145º50.57' east
•
to latitude 15º59.91' south, longitude 145º56.07' east
•
to latitude 16º29.91' south, longitude 146º15.07' east
•
to latitude 16º59.91' south, longitude 146º38.07' east
•
to latitude 17º45.41' south, longitude 147º00.07' east
•
to latitude 18º09.91' south, longitude 147º30.07' east
•
to latitude 18º29.91' south, longitude 148º00.06' east
•
to latitude 18º42.39' south, longitude 149º00.06' east
•
to latitude 17º29.91' south, longitude 147º00.07' east
•
to latitude 14º59.91' south, longitude 146º00.07' east
•
to latitude 18º19.91' south, longitude 148º20.06' east
•
to latitude 18º44.91' south, longitude 152º35.06' east
•
to latitude 22º14.90' south, longitude 154º40.06' east
•
to latitude 27º47.90' south, longitude 154º40.06' east
•
to latitude 27º47.90' south, longitude 154º22.06' east
•
to latitude 27º57.90' south, longitude 154º00.06' east
•
to latitude 28º03.48' south, longitude 153º47.06' east.
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Meaning of Facing Island area
Facing Island area means waters within the following boundary—
•
from latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point) to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island)
•
to latitude 23º45.25' south, longitude 151º19.93' east (North Point, Facing Island)
•
along the western shore to latitude 23º52.85' south, longitude 151º22.44' east (Gatcombe Head)
•
to latitude 23º53.33' south, longitude 151º30.88' east (Fairway Buoy (Wild Cattle Cutting))
•
to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point)
•
along the shore to latitude 23º49.93' south, longitude 151º15.22' east.
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Meaning of Fisherman Island area
Fisherman Island area means—
(a)
waters upstream of a line between—
(i)
the northern tip of the northernmost wharf on Fisherman Island; and
(ii)
the mainland, passing through the rear (seaward) lead of the Lytton Rocks Reach about 900m downstream from Luggage Point; and
(b)
waterways joining the waters described in paragraph (a), other than the part of the Boat Passage east of the bridge between Whyte Island and Fisherman Island.
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Meaning of Fitzroy River mouth area
Fitzroy River mouth area means Keppel Bay and adjoining rivers and creeks, south and west of the following line—
•
from Cattle Point to an unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet
•
along the western shore of Curtis Island to the southern bank of Barker Creek
•
across The Narrows to the southern bank of Deception Creek at Division Point.
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Meaning of Great Sandy Strait area
Great Sandy Strait area means the Great Sandy Strait between the following lines—
•
a line from the F↑B sign at the mouth of Pulgul Creek to the F↑B sign at the southern tip of Big Woody Island, and then to the F↑B sign at Blackfellow Point, Fraser Island
•
a line from the F↑B sign at North Head, Mary River to the F↑B sign at North White Cliffs, Fraser Island.
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Meaning of Hervey Bay area
Hervey Bay area means Hervey Bay between latitude 25º04.90' south and a line—
•
from longitude 152º49.40' east on the mainland shore (the eastern tip of Point Vernon, approximately latitude 25º14.72' south, longitude 152º49.40' east)
•
to latitude 25º13.05' south, longitude 152º59.05' east (Sandy Point, Fraser Island).
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Meaning of Keppel Bay area
Keppel Bay area means Keppel Bay within the following boundary—
•
from latitude 23º30.90' south, longitude 150º59.64' east (an unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet) along the shore to latitude 23º28.76' south, longitude 150º59.48' east (Warner Point)
•
to latitude 23º24.97' south, longitude 150º51.15' east (Quartz Rock)
•
to latitude 23º25.98' south, longitude 150º49.80' east
•
to latitude 23º28.77' south, longitude 150º52.38' east (Cattle Point)
•
to latitude 23º30.90' south, longitude 150º59.64' east.
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Meaning of Laguna Bay area
Laguna Bay area means waters within the following boundary—
•
from the intersection of latitude 26º15.90' south with the mainland shore (near Teewah at approximately latitude 26º15.90' south, longitude 153º04.20' east)
•
to latitude 26º22.54' south, longitude 153º06.98' east (eastern tip of Noosa Head)
•
then along the mainland shore to its intersection with latitude 26º15.90' south.
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Meaning of Llewellyn Bay area
Llewellyn Bay area means Llewellyn Bay, near Sarina, west of a line—
•
from longitude 149º20.20' east on the mainland shore at Freshwater Point (approximately latitude 21º25.91' south, longitude 149º20.20' east)
•
to longitude 149º20.53' east on the mainland shore at Allom Point (approximately latitude 21º28.42' south, longitude 149º20.53' east).
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Meaning of Logan River area
Logan River area means Logan River and adjoining waterways, upstream of the line—
•
from the intersection of the mainland shore with longitude 153º19.20' east (at approximately latitude 27º40.50' south) to latitude 27º40.40' south, longitude 153º19.50' east
•
to latitude 27º41.50' south, longitude 153º21.10' east
•
to the intersection of the mainland shore with longitude 153º21.10' east (at approximately latitude 27º41.90' south).
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Meaning of ‘M1’ and ‘M2’ area
The ‘M1’ and ‘M2’ area means Moreton Bay (trawling) within the following boundary—
•
from latitude 27º04.93' south on Bribie Island’s western shore (approximately latitude 27º04.93' south, longitude 153º09.48' east) to latitude 27º09.19' south, longitude 153º03.91' east (the special mark flashing yellow light beacon off the Caboolture River)
•
to latitude 27º10.97' south, longitude 153º06.14' east (the special mark yellow flashing light beacon No. 1 at the entrance of the Scarborough Boat Harbour)
•
to latitude 27º11.03' south, longitude 153º07.97' east (the North Reef flashing green light beacon)
•
to latitude 27º14.51' south, longitude 153º07.40' east (the Garnet Rock flashing green light beacon off Margate)
•
to latitude 27º16.51' south, longitude 153º06.75' east (the Otter Rock flashing green light beacon off Woody Point)
•
to latitude 27º15.99' south, longitude 153º06.12' east
•
to latitude 27º19.44' south, longitude 153º06.44' east (the special mark flashing yellow light beacon off the banks of Cabbage Tree Creek)
•
to latitude 27º20.00' south, longitude 153º11.50' east (the Western Coffee Pot flashing green light beacon near the banks of the Brisbane River, marking the main shipping channel)
•
to latitude 27º18.63' south, longitude 153º12.48' east (No. 1 Entrance West flashing white and red light beacon of the main shipping channel of the Brisbane River)
•
to latitude 27º18.65' south, longitude 153º12.62' east (No. 2 Entrance East flashing yellow light beacon of the main shipping channel of the Brisbane River)
•
to latitude 27º20.07' south, longitude 153º11.62' east (the Eastern Coffee Pot flashing red light beacon)
•
to latitude 27º21.64' south, longitude 153º10.53' east (the east inner bar flashing red light beacon of the main shipping channel of the Brisbane River)
•
to latitude 27º22.19' south, longitude 153º14.18' east (the north cardinal beacon north of St Helena Island)
•
to latitude 27º24.34' south, longitude 153º14.50' east (the south cardinal light beacon south-east of St Helena Island)
•
to latitude 27º24.86' south, longitude 153º14.56' east (the red light beacon north-east of Green Island)
•
to latitude 27º26.93' south, longitude 153º14.70' east (the A S Huybers flashing red light beacon off King Island, near Wellington Point)
•
to latitude 27º30.30' south, longitude 153º19.35' east (the flashing green light beacon off the western tip of Peel Island)
•
to latitude 27º32.48' south, longitude 153º20.20' east (the west cardinal light beacon off the northern tip of the bank commonly known as Banana Bank)
•
to latitude 27º35.20' south, longitude 153º22.83' east (the green light beacon on the south-western side of the Pelican Banks)
•
to latitude 27º35.65' south, longitude 153º23.83' east (the south cardinal beacon at the southern tip of the Pelican Banks)
•
to latitude 27º34.70' south, longitude 153º24.27' east (the flashing red light beacon on the eastern side of the Pelican Banks)
•
to latitude 27º34.20' south, longitude 153º24.37' east (the flashing green light beacon off the western shore of North Stradbroke Island)
•
to latitude 27º32.17' south, longitude 153º24.07' east (the flashing green light beacon off Wallen Wallen)
•
to latitude 27º31.14' south, longitude 153º23.07' east (the special mark flashing yellow light beacon at the southern tip of Goat Island)
•
to latitude 27º30.20' south, longitude 153º23.99' east (the southern end of Harold Walker Jetty, Dunwich, North Stradbroke Island)
•
along the southern side of Harold Walker Jetty to latitude 27º30.14' south on North Stradbroke Island’s western shore (approximately latitude 27º30.14' south, longitude 153º24.08' east)
•
along North Stradbroke Island’s western shore to latitude 27º29.60' south, longitude 153º24.15' east (the jetty at One Mile Anchorage)
•
along the southern side of the jetty at One Mile Anchorage to latitude 27º29.58' south, longitude 153º24.13' east (the western end of the jetty at One Mile Anchorage)
•
to latitude 27º29.51' south, longitude 153º22.89' east (the south cardinal light beacon known as Douglas Light)
•
to latitude 27º27.25' south, longitude 153º19.98' east (the green light beacon that flashes every 6 seconds off Maroom Bank)
•
to latitude 27º25.99' south, longitude 153º17.41' east (the isolated danger beacon on Hope Banks)
•
to latitude 27º25.31' south, longitude 153º18.26' east (the flashing green light beacon north of Chain Banks)
•
to latitude 27º24.22' south, longitude 153º20.10' east (the northernmost red lateral beacon at the entrance to Rous Channel)
•
to latitude 27º18.70' south, longitude 153º23.10' east (the northernmost green lateral beacon at the entrance to Fraser’s Gutter)
•
to latitude 27º15.90' south, longitude 153º23.06' east
•
east along latitude 27º15.90' south to latitude 27º15.90' south, longitude 153º23.61' east (Moreton Island’s western shore)
•
along Moreton Island’s western shore to latitude 27º03.68' south (Comboyuro Point approximately latitude 27º03.68' south, longitude 153º21.71' east)
•
to latitude 27º05.08' south on Bribie Island’s eastern shore (Skirmish Point approximately latitude 27º05.08' south, longitude 153º12.43' east)
•
along Bribie Island’s eastern, southern and western shores to latitude 27º04.93' south on Bribie Island’s western shore.
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Meaning of Moreton Bay (trawling)
Moreton Bay (trawling) means waters within the following boundary, other than waters in the Fisherman Island area—
•
from the F↑B sign at the south-eastern tip of Toorbul Point to the F↑B sign at the southern end of South Esplanade, Bongaree, Bribie Island
•
along Bribie Island’s western and southern shores to Skirmish Point
•
to Comboyuro Point, Moreton Island
•
along Moreton Island’s western shore to Reeders Point
•
to Amity Point, North Stradbroke Island
•
along North Stradbroke Island’s western and southern shores to its south-eastern tip
•
to the north-eastern tip of South Stradbroke Island
•
along South Stradbroke Island’s northern, western and southern shores to the seaward tip of the northern breakwater wall of the Gold Coast Seaway
•
to the seaward tip of the southern breakwater wall of the Gold Coast Seaway at Nerang Head on The Spit
•
along the shore of The Spit to the Gold Coast Highway bridge over the Nerang River near Waterways Drive, Main Beach
•
along the eastern side of the Gold Coast Highway bridge to the mainland shore
•
along the shore to the F↑B sign at the south-eastern tip of Toorbul Point.
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Meaning of northern area
The northern area means waters within the following boundary—
•
from the intersection of latitude 16º00.00' south with the mainland shore at high water mark (approximately latitude 16º00.00' south, longitude 145º26.091' east)
•
along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland)
•
to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders)
•
along the shore to latitude 10º41.25' south, longitude 142º31.86' east (tip of Cape York Peninsula)
•
to latitude 10º41.25' south, longitude 145º00.06' east
•
to latitude 12º59.91' south, longitude 145º00.06' east
•
to latitude 14º59.91' south, longitude 146º00.06' east
•
to latitude 16º00.00' south, longitude 146º42.122' east
•
to latitude 16º00.00' south, longitude 145º26.091' east.
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Meaning of Repulse Bay area
Repulse Bay area means Repulse Bay, near Proserpine, within the following boundary—
•
from Rocky Point along the shore to the northern bank of the O’Connell River
•
east for 2n miles
•
to Rocky Point.
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Meaning of Sinclair Bay area
Sinclair Bay area means Sinclair Bay, near Bowen, within the following boundary—
•
from latitude 20º09.54' south, longitude 148º25.36' east on the shore to latitude 20º06.80' south, longitude 148º26.81' east on the shore
•
along the shore to latitude 20º09.54' south, longitude 148º25.36' east.
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Meaning of ‘T1’ area
The ‘T1’ area means waters within the following boundary—
•
from latitude 27º57.91' south, longitude 154º00.06' east to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark)
•
along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)
•
to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east
•
along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east
•
to latitude 27º43.43' south, longitude 153º27.26' east
•
along the eastern shore of North Stradbroke Island to latitude 27º23.64' south, longitude 153º26.40' east (Amity Point)
•
to latitude 27º21.82' south, longitude 153º25.68' east (Reeders Point)
•
along the eastern shore of Moreton Island to latitude 27º03.68' south, longitude 153º21.71' east (Comboyuro Point)
•
to latitude 27º05.08' south, longitude 153º12.43' east (Skirmish Point)
•
along the eastern shore of Bribie Island to latitude 26º50.05' south, longitude 153º07.78' east
•
to latitude 26º48.38' south, longitude 153º08.36' east (southern end of Kings Beach)
•
along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour)
•
to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour)
•
along the shore to latitude 25º48.68' south, longitude 153º03.89' east (F↑B sign at Inskip Point)
•
to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point)
•
along the eastern shore of Fraser Island to latitude 25º13.50' south, longitude 152º59.50' east (Sandy Point)
•
to latitude 25º14.47' south, longitude 152º49.21' east (Point Vernon)
•
along the shore to latitude 24º45.45' south, longitude 152º24.76' east (South Head)
•
to latitude 24º44.83' south, longitude 152º23.84' east
•
along the shore to latitude 24º00.15' south, longitude 151º44.50' east (Chews Point)
•
to latitude 24º01.31' south, longitude 151º43.65' east (Pancake Point)
•
along the shore to latitude 24º00.50' south, longitude 151º36.22' east
•
to latitude 24º03.30' south, longitude 151º37.90' east (Blackney Point)
•
along the shore to latitude 24º02.22' south, longitude 151º33.87' east (Innes Head)
•
to latitude 24º01.98' south, longitude 151º32.75' east (Norton Point)
•
along the shore to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point)
•
to latitude 23º59.38' south, longitude 151º25.67' east
•
along the shore to latitude 23º56.23' south, longitude 151º21.42' east
•
to latitude 23º56.13' south, longitude 151º21.26' east (near Boyne Island)
•
along the shore to latitude 23º51.12' south, longitude 151º18.70' east (South Trees Wharf)
•
to latitude 23º51.22' south, longitude 151º17.77' east (Parsons Point)
•
along the shore to latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point)
•
to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island)
•
along the eastern shore of Curtis Island to latitude 23º30.90' south, longitude 150º59.64' east (unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet)
•
to latitude 23º28.77' south, longitude 150º52.38' east
•
along the shore and breakwall to latitude 23º09.52' south, longitude 150º47.33' east (southern tip of Rosslyn Bay breakwall)
•
to latitude 23º09.52' south, longitude 150º47.10' east (northern end of Rosslyn Bay breakwall)
•
along the breakwall and shore to latitude 22º57.85' south, longitude 150º46.65' east (Sandy Point)
•
to latitude 22º56.62' south, longitude 150º47.64' east
•
along the shore to latitude 22º32.18' south, longitude 150º47.36' east (Cape Clinton)
•
to latitude 22º28.21' south, longitude 150º45.42' east (Northeast Point)
•
along the shore to latitude 22º20.67' south, longitude 149º54.78' east
•
to latitude 22º23.01' south, longitude 149º48.55' east (Charon Point)
•
along the shore to latitude 22º20.90' south, longitude 149º41.53' east
•
to latitude 22º00.00' south, longitude 149º29.68' east
•
along the shore to latitude 21º28.42' south, longitude 149º20.53' east (Allom Point)
•
to latitude 21º25.91' south, longitude 149º20.20' east (Freshwater Point)
•
along the shore to latitude 21º14.71' south, longitude 149º15.36' east (Dudgeon Point)
•
to latitude 21º12.60' south, longitude 149º11.73' east
•
along the shore to latitude 21º08.84' south, longitude 149º12.63' east
•
to latitude 21º08.86' south, longitude 149º13.26' east (East Point)
•
along the shore and breakwall to latitude 21º06.38' south, longitude 149º14.10' east (southern breakwall at Mackay outer harbour)
•
to latitude 21º06.27' south, longitude 149º13.95' east (northern breakwall at Mackay outer harbour)
•
along the breakwall and shore to latitude 20º29.44' south, longitude 148º42.91' east
•
to latitude 20º28.89' south, longitude 148º44.21' east
•
along the shore to latitude 20º06.80' south, longitude 148º26.81' east
•
to latitude 20º09.54' south, longitude 148º25.36' east
•
along the shore and wharf to latitude 20º01.38' south, longitude 148º15.11' east
•
to latitude 20º01.48' south, longitude 148º15.95' east (Dalrymple Point)
•
along the shore to latitude 19º16.24' south, longitude 146º50.15' east
•
to latitude 19º16.13' south, longitude 146º50.13' east
•
to latitude 19º15.32' south, longitude 146º50.80' east
•
to latitude 19º14.57' south, longitude 146º50.14' east
•
to latitude 19º14.62' south, longitude 146º50.00' east
•
to latitude 19º15.01' south, longitude 146º49.74' east
•
to latitude 19º14.97' south, longitude 146º49.43' east
•
to latitude 19º14.98' south, longitude 146º49.35' east
•
along the shore to latitude 17º36.09' south, longitude 146º07.95' east (Hall Point)
•
to latitude 17º35.98' south, longitude 146º07.73' east (Goodman Point)
•
along the shore to latitude 17º30.65' south, longitude 146º04.22' east
•
to latitude 17º30.31' south, longitude 146º04.63' east (Flying Fish Point)
•
along the shore to latitude 16º55.36' south, longitude 145º47.21' east (Stafford Point)
•
to latitude 16º55.07' south, longitude 145º46.92' east (northern breakwall end at the entrance to Cairns Port)
•
along the breakwall and shore to latitude 16º28.69' south, longitude 145º27.85' east (Island Point)
•
to latitude 16º28.83' south, longitude 145º27.34' east
•
along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland)
•
to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders)
•
along the shore to latitude 10º41.25' south, longitude 142º31.86' east (tip of Cape York Peninsula)
•
to latitude 10º41.25' south, longitude 145º00.06' east
•
to latitude 12º59.91' south, longitude 145º00.06' east
•
to latitude 14º59.91' south, longitude 146º00.06' east
•
to latitude 18º19.91' south, longitude 148º20.04' east
•
to latitude 18º44.90' south, longitude 152º35.04' east
•
to latitude 22º14.90' south, longitude 154º40.08' east
•
to latitude 27º47.32' south, longitude 154º40.08' east
•
to latitude 27º47.90' south, longitude 154º22.08' east
•
to latitude 27º57.91' south, longitude 154º00.06' east.
s 22 ins 2019 SL No. 71
s 54
23
Meaning of ‘T2’ area
The ‘T2’ area means waters within the following boundary—
•
from latitude 27º57.91' south, longitude 154º00.06' east to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State's border with New South Wales at high water mark)
•
along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)
•
to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east
•
along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east
•
to latitude 27º43.43' south, longitude 153º27.26' east
•
along the eastern shore of North Stradbroke Island to latitude 27º26.06' south, longitude 153º32.78' east (Point Lookout)
•
to latitude 27º01.67' south, longitude 153º28.09' east (Cape Moreton)
•
to latitude 26º48.15' south, longitude 153º09.03' east (Caloundra Head)
•
along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour)
•
to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour)
•
along the shore to latitude 25º48.62' south, longitude 153º03.89' east (F↑B sign at Inskip Point)
•
to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point)
•
along the eastern shore of Fraser Island to latitude 24º41.83' south, longitude 153º16.00' east (Sandy Cape)
•
to latitude 24º44.83' south, longitude 152º23.84' east (Burnett Heads)
•
along the shore to latitude 24º21.40' south, longitude 151º58.66' east
•
to latitude 24º21.40' south, longitude 154º40.08' east
•
to latitude 27º47.32' south, longitude 154º40.08' east
•
to latitude 27º47.90' south, longitude 154º22.08' east
•
to latitude 27º57.91' south, longitude 154º00.06' east.
s 23 ins 2019 SL No. 71
s 54
sch 10E ins 2014 SL No. 282
s 18
sub 2019 SL No. 71
s 54
Schedule 10F
Effort unit conversion factor for boats
schedule 11, part 2, definition effort unit conversion factor
Number of hull units for boat
Effort unit conversion factor for boat
1
3
2
5
3
6
4
7
5
9
6
10
7
11
8
12
9
13
10
14
11
15
12
16
13
17
14
18
15
19
16
20
17
21
18
22
19
23
20
24
21
25
22
26
23
27
24
28
25
28
26
29
27
30
28
31
29
32
30
33
31
33
32
34
33
35
34
36
35
37
36
37
37
38
38
39
39
40
40
40
41
41
42
42
43
43
44
43
45
44
46
45
47
46
48
46
49
47
50
48
51
49
52
49
53
50
54
51
55
51
56
52
57
53
58
54
59
54
60
55
61
56
62
56
63
57
64
58
65
58
66
59
67
60
68
60
69
61
70 or more
62
sch 10F ins 2019 SL No. 17
s 54
Schedule 11
Dictionary
sections 4, 562
(3) and 591T
(3)
sch 11 hdg amd 2015 SL No. 12
s 31
(1)
Part 1
Extended definitions
1
References to a commercial fishery identified by a fishery symbol
A commercial fishery is identified by a fishery symbol if the fishery symbol is a fishery symbol for the fishery.
2
References to drainage divisions
(1)
A reference to a drainage division of a particular name is a reference to the drainage division of that name shown on the freshwater basins map.
(2)
However, a reference to a drainage division does not include tidal waters in the drainage division.
s 2 sub 2010 SL No. 35
s 23
(1)
2A
Meaning of fishing line
(1)
A fishing line means, generally, fishing apparatus consisting of a line that is hand-held or attached to a rod or reel.
(2)
However, a fishing line does not include the following—
(a)
a cross-line;
(b)
a drum line;
(c)
a free-floating line;
(d)
a set line.
s 2A ins 2008 SL No. 156
s 18
(1)
amd 2010 SL No. 35
s 23
(2)–(3); 2010 SL No. 164
s 69
(1)–(2)
3
Meaning of length of a boat
(1)
Length, of a boat, means the distance between the front and end tips of the boat.
(2)
However, the length does not include anything that does not increase the boat’s effective length.
Examples of things that do not increase a boat’s effective length—
•
an anchor rail
•
a bowsprit
Example of things that do increase a boat’s effective length—
•
additions to the boat’s hull (whether fixed temporarily or permanently) that increase the boat’s deck area
4
Meaning of length of a net
(1)
The length, of a beam trawl net, means the distance the net is capable of extending across the beam or pole used to open it.
(2)
The length, of a cast net, means the greater of the distances between the point where the net’s cord or rope is attached to the rest of the net and the following—
(a)
the net’s lead line;
(b)
the bottom of the net’s lowest pocket.
(3)
The length, of an otter trawl net, means—
(a)
for an otter trawl net used under section 613—see section 613
(3); or
(b)
otherwise—the combined length of the head rope and bottom rope when taut between the outermost points of the meshes attached to the head rope and bottom rope.
(4)
The length, of a net, other than a cast net or trawl net, means the distance between the outer ends of its mesh measured along the head or bottom rope, whichever rope is longer when taut.
(5)
The length, of a net used with a separate back net, means the total length of the net and the back net in use.
s 4 sub 2019 SL No. 71
s 55
(1)
4A
Meaning of nearshore waters
(1)
Nearshore waters are tidal waters that are less than 2m deep at low water.
(2)
However, nearshore waters do not include waters—
(a)
in a river or creek upstream of a line across its banks at low water; or
(b)
in an inlet.
s 4A ins 2008 SL No. 448
s 103
(1) (amd 2009 SL No. 114
s 18)
5
om 2019 SL No. 71
s 59
sch 1
6
Meaning of mesh size of a net
(1)
Mesh size, of a net that is knotted, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of each of 10 meshes at least 30cm from each other.
(2)
Mesh size, of a net that is knotless, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of each of 10 meshes at least 30cm from each other.
(3)
For this section, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled by hand in opposite directions so that the sides of the mesh, when the knots or corners are pulled, are as close to touching each other as is reasonably practicable.
(4)
However, for pulling the knots or corners of the mesh under subsection (3), no more force may be used than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length.
s 6 amd 2008 SL No. 448
s 103
(2)–(3)
6A
Meaning of offshore waters
(1)
Offshore waters are tidal waters that are at least 2m deep at low water.
(2)
However, offshore waters do not include waters—
(a)
in a river or creek upstream of a line across its banks at low water; or
(b)
in an inlet.
s 6A ins 2008 SL No. 448
s 103
(1)
6B
Meaning of prescribed stocked impoundment
(1)
A prescribed stocked impoundment is an impoundment mentioned in schedule 10A.
(2)
However, a prescribed stocked impoundment includes only the waters up to the full supply level of the impoundment.
s 6B ins 2010 SL No. 35
s 23
(4)
amd 2014 SL No. 282
s 19
(1)
6C
s 6C ins 2014 SL No. 282
s 19
(2)
om 2019 SL No. 71
s 59
sch 1
7
References to primary boat and tender boat and related references
(1)
A primary boat is a boat identified in either of the following licences as the primary commercial fishing boat for the licence—
(a)
a commercial fishing boat licence;
(b)
a commercial harvest fishery licence for the shell fishery under chapter 7, part 4.
(2)
A tender boat is a boat, other than a primary boat, that may be used under section 246.
(3)
In a provision about a commercial fishing boat licence or commercial harvest fishery licence—
(a)
a reference to the primary boat is a reference to the primary boat identified in the licence; and
(b)
a reference to a tender boat is a reference to a tender boat that—
(i)
under section 246
(1)
(c) may be used under the licence; and
(ii)
has its boat mark fixed in a way that complies with section 229.
(4)
A reference to a primary boat’s tender boat is a reference to a tender boat that—
(a)
under section 246, may be used under the commercial fishing boat licence in which the primary boat is identified; and
(b)
has its boat mark fixed in a way that complies with section 229.
(5)
A reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used.
s 7 amd 2019 SL No. 71
s 59
sch 1
8
Meaning of recreational fisher and recreational fishing
(1)
A recreational fisher is a person who is carrying out recreational fishing.
(2)
A person is carrying out recreational fishing if the person takes or possesses fish, unless—
(a)
the person takes or possesses the fish—
(i)
for trade or commerce; or
(ii)
in the exercise or enjoyment of native title rights and interests in relation to land or waters under the
Native Title Act 1993 (Cwlth); or
(b)
the person is an Aborigine and takes or possesses the fish under Aboriginal tradition; or
(c)
the person is a Torres Strait Islander and takes or possesses the fish under Island custom.
(3)
For subsection (2)
(a)
(i), trade or commerce does not include trade or commerce that is limited to conducting a charter fishing trip.
(4)
To remove any doubt, it is declared that the following persons may act as a recreational fisher—
(a)
a person who holds an authority that authorises the person to take fish for trade or commerce; or
(b)
a person who is, under this regulation, authorised to take fish for trade or commerce under an authority mentioned in paragraph (a).
(5)
However, a person acting as a recreational fisher under subsection (4) is subject to any relevant prohibitions or restrictions under this regulation.
Example—
If the person holds, or is acting under, an SM unit or line unit, spanish mackerel or regulated coral reef fin fish taken by the person as a recreational fisher are included in the use of the entitlements under the SM unit or line unit.
s 8 amd 2008 SL No. 384
s 15
(1); 2015 SL No. 12
s 31
(2); 2019 SL No. 71
s 59
sch 1
9
References to river basins by name or reference number
(1)
A reference to a river basin of a particular name is a reference to the river basin of that name shown on the freshwater basins map.
(2)
However, a reference to a river basin does not include tidal waters in the river basin.
(3)
Also, a reference number for a river basin is the reference number for the river basin shown on the freshwater basins map.
s 9 sub 2010 SL No. 35
s 23
(5)
9A
When is a mesh net a set mesh net
(1)
A mesh net is a set mesh net if—
(a)
2 or more points of the net are each fixed to the ground or a thing to prevent the net from moving from the position in which it is set; or
(b)
a point of the net is fixed to a boat and another point of the net is fixed to the ground or a thing.
(2)
For subsection (1), the ground includes the bed of a body of water.
s 9A ins 2008 SL No. 448
s 103
(1)
9B
References to a stock of fish by location
A reference to a stock of fish by its geographical location is a reference to the population of the fish that is indigenous to the location.
Example—
A reference to the sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) is a reference to the population of sleepy cod that is indigenous to the Gulf of Carpentaria drainage division and Normanby river basin).
s 9B ins 2010 SL No. 35
s 23
(6)
10
Meaning of under direction for an assistant fisher
(1)
This section states when an assistant fisher is under direction of a commercial fisher in a commercial fishery under this regulation.
(2)
The assistant fisher is under direction of the commercial fisher if—
(a)
the assistant fisher and commercial fisher are engaged in—
(i)
the same fishing operation in a commercial fishery; or
(ii)
different fishing operations, 1 of which is in the crab fishery; and
(b)
either—
(i)
the assistant fisher and commercial fisher are at the same place, in the same vehicle or on the same commercial fishing boat; or
(ii)
the assistant fisher and commercial fisher are not at the same place, in the same vehicle or on the same commercial fishing boat, but—
(A)
they are no further apart than the distance authorised under a fishery provision about the commercial fishery; and
(B)
the assistant fisher is following the commercial fisher’s instructions.
(3)
However, in the commercial trawl fishery (fin fish) under chapter 11, part 3, an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are—
(a)
on the same boat; or
(b)
on different boats but the assistant fisher is on a tender boat that is not a trawler.
s 10 amd 2019 SL No. 71
s 59
sch 1
11
Meaning of whole weight of spanish mackerel
(1)
The whole weight of whole spanish mackerel is the weight, in kilograms, of the spanish mackerel.
(2)
The whole weight of spanish mackerel that is filleted, gilled and gutted or trunked is the weight worked out using the following formula—
WW = W x CF
where—
WW is the whole weight, in kilograms, of the spanish mackerel.
W is the weight, in kilograms, of the spanish mackerel.
CF is—
(a)
for filleted spanish mackerel—1.61; or
(b)
for gilled and gutted spanish mackerel—1.05; or
(c)
for trunked spanish mackerel—1.18.
(3)
The whole weight of a number of the spanish mackerel mentioned in subsection (2) is the weight worked out by using the following formula—
WW = N x 7.25
where—
WW is the whole weight, in kilograms, of the spanish mackerel, worked out under subsection (2).
N is the number of spanish mackerel.
12
Meaning of whole weight of regulated coral reef fin fish
(1)
The whole weight of regulated coral reef fin fish that is filleted is the weight worked out using the following formula—
WW = W x CF
where—
WW is the whole weight, in kilograms, of the fish.
W is the weight, in kilograms, of the filleted fish.
CF is—
(a)
for filleted regulated coral trout—2; or
(b)
for filleted regulated cod or grouper—2.1; or
(c)
for filleted goldband snapper—2.3; or
(d)
for filleted rosy snapper or lavender snapper—2.1; or
(e)
for filleted regulated tropical snapper or seaperch not mentioned in paragraph (c) or (d)—2.6; or
(f)
for filleted regulated emperor—2.5; or
(g)
for any other regulated coral reef fin fish or fish not identified as a particular species—2.
(2)
The whole weight of regulated coral reef fin fish that is gilled and gutted is the weight worked out using the following formula—
WW = W x 1.1
where—
WW is the whole weight, in kilograms, of the fish.
W is the weight, in kilograms, of the gilled and gutted fish.
(3)
The whole weight, in kilograms, of a number of regulated coral reef fin fish is the number of the fish.
(4)
The whole weight of regulated coral reef fin fish to which subsections (1) to (3) do not apply is the weight, in kilograms, of the fish.
s 12 ins 2015 SL No. 12
s 31
(3)
13
Working out hull units for a boat
The hull units, for a boat, must be worked out by using the following formula and rounding the amount worked out to the nearest whole number—
where—
HU means the number of hull units for the boat.
L means the length of the boat measured in metres.
B means the beam of the boat measured in metres.
D means the depth of the boat measured in metres.
Note—
The figure of 0.6 represents a block coefficient to standardise variations in boat design and the figure of 2.83 represents a constant which converts cubic metres to units of 100 cubic feet.
s 13 ins 2019 SL No. 71
s 55
(2)
14
Meaning of beam of a boat
The beam, of a boat, means the maximum breadth amidships between—
(a)
if the boat has a metal shell—the moulded lines of its frame; or
(b)
if the boat does not have a metal shell—the outer surfaces of its hull, excluding sponsons, fenders and rubbing strips.
s 14 ins 2019 SL No. 71
s 55
(2)
15
Meaning of depth of a boat
(1)
The depth, of a boat, means the vertical distance from its keel datum to—
(a)
if the boat is or was, after 15 December 2000, modified or replaced under chapter 3, part 8 of the repealed 1999 plan, chapter 3, part 8 of the repealed 2010 plan or chapter 7A, part 8—a point amidships that is level with the highest point of its uppermost continuous deck; or
(b)
otherwise—
(i)
for a boat with a stepped uppermost continuous deck the raised part of which extends over amidships—a line of reference extending from the lower part of the deck along a parallel line to the raised part; or
(ii)
if subparagraph (i) does not apply—the underside of its uppermost continuous deck at the side amidships.
(2)
In this section—
keel datum means—
(a)
for a composite or wooden boat—the lower edge of its keel rabbet; or
(b)
for a boat in which the form at the lower part of midship section is of a hollow nature or if thick or horizontal garboards are fitted—the point where the line of the hull bottom shell continued inwards cuts the boat’s centre-line; or
(c)
if, because of the boat’s shape, the keel datum can not be worked out under paragraph (a) or (b)—the tangent providing the greatest depth measurement.
s 15 ins 2019 SL No. 71
s 55
(2)
16
Working out an engine’s maximum continuous brake kW
(1)
An engine’s maximum continuous brake kW must be worked out from the manufacturer’s recommended maximum continuous brake kW for its engine type.
(2)
The engine must be identified by the following—
(a)
make;
(b)
model;
(c)
year of manufacture;
(d)
serial number;
(e)
cylinder block;
(f)
aspiration and cooling systems.
(3)
The following aspects of the recommendation must be considered—
(a)
ambient water temperature in the range 25ºC to 27ºC or the temperature mentioned in the recommendation closest to the range;
(b)
fuel injectors consistent with the recommended maximum continuous brake kW of the engine type.
(4)
If the manufacturer revises the recommendation for the engine type, the revised rating is taken to apply to all new engines of that type installed on boats from the day the revised rating took effect.
(5)
The following must be disregarded—
(a)
variation from the standard power output, including, for example, engine deratings;
(b)
different gear boxes or transmission trains associated with individual engines.
(6)
In this section—
engine type means the type of main propulsion engine or engines installed on the boat.
s 16 ins 2019 SL No. 71
s 55
(2)
17
Meaning of sweep of a net
(1)
The sweep, of a net, includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the point on the head rope or bottom rope of a net where the outermost meshes are attached.
(2)
If fittings mentioned in subsection (1) are joined to make a single fitting, the single fitting is 1 sweep.
s 17 ins 2019 SL No. 71
s 55
(2)
18
Meaning of detected by vessel tracking equipment
The location or movement of a boat is detected by vessel tracking equipment if details of the location or movement of the boat have been sent to the chief executive from the vessel tracking equipment installed on the boat.
s 18 ins 2019 SL No. 71
s 55
(2)
Part 2
Other definitions
7n mile line means a line parallel to the territorial sea baseline and 7n miles out to sea.
25n mile line means a line parallel to the territorial sea baseline and 25n miles out to sea.
activity involving regulated fish ...
def activity involving regulated fish om 2019 SL No. 71
s 59
sch 1
administrative conditions, for chapter 6, part 4, see section 255.
AIVR system see section 669.
amidships, of a boat, means the vertical plane at the middle of its length at a right angle to its centre-line plane.
def amidships ins 2017 SL No. 71
s 55
(4)
annual, in relation to a quota or total quota entitlement, unless otherwise provided, means the period from 1 January to 31 December.
def annual sub 2010 SL No. 35
s 23
(7)–(8); 2019 SL No. 71
s 55
(3)–(4)
annual quota ...
def annual quota ins 2010 SL No. 35
s 23
(8)
amd 2014 SL No. 69
s 20
sub 2015 SL No. 12
s 31
(4)–(5)
om 2019 SL No. 71
s 55
(3)
appropriately marked means stated in writing that is—
(a)
legible and permanent; and
(b)
raised or recessed.
def appropriately marked ins 2019 SL No. 71
s 55
(4)
approved person, for chapter 13, part 1B, division 3, see section 625J.
def approved person ins 2019 SL No. 71
s 55
(4)
approved way, for chapter 13, part 1B, division 3, see section 625J.
def approved way ins 2019 SL No. 71
s 55
(4)
assistant fisher see section 233
(1).
authorised boat—
(a)
for chapter 5, part 6, division 2, see section 227; or
(b)
for chapter 10, part 3, see section 565; or
(c)
for chapter 10A, part 3, see section 591W; or
(d)
for chapter 11, part 3, division 6, see section 614W; or
(e)
for chapter 14, part 2, see section 644.
def authorised boat amd 2014 SL No. 328
s 16
(3)
sub 2015 SL No. 12
s 31
(4)–(5)
authorised person, for chapter 6, part 6, see section 262.
back net means a part of a mesh net that—
(a)
is part of the total length of a mesh net; and
(b)
is no more than 1 quarter of the total length of the mesh net being used; and
(c)
is supported by no more than 12 stakes; and
(d)
if it is being used to take fish as part of a ring or seine net, remains in the water while the ring or seine net is being used; and
(e)
is used as an artificial shore for concentrating fish to remove them from the water.
def back net sub 2008 SL No. 448
s 103
(4)–(5)
bar, in relation to mesh in a trawl net, means—
(a)
for a knotted trawl net—a side of a mesh of the net from 1 knot to the next knot on the same side of the mesh; or
(b)
for a knotless trawl net—a side of a mesh of the net from 1 corner to the next corner.
def bar ins 2019 SL No. 71
s 55
(4)
barramundi (central east coast stock), for schedule 10C, see schedule 10C, section 1.
def barramundi (central east coast stock) ins 2010 SL No. 35
s 23
(8)
barramundi (east coast Cape York stock), for schedule 10C, see schedule 10C, section 1.
def barramundi (east coast Cape York stock) ins 2010 SL No. 35
s 23
(8)
barramundi (Gulf) regulated period means a regulated period mentioned in the
Fisheries Declaration 2019
, section 21
(2).
def barramundi (Gulf) regulated period ins 2011 SL No. 236
s 27
(2)
amd 2019 SL No. 71
s 59
sch 1
barramundi (mid north-east coast stock), for schedule 10C, see schedule 10C, section 1.
def barramundi (mid north-east coast stock) ins 2010 SL No. 35
s 23
(8)
barramundi (north-west Cape York stock), for schedule 10C, see schedule 10C, section 1.
def barramundi (north-west Cape York stock) ins 2010 SL No. 35
s 23
(8)
barramundi (south-east coast stock), for schedule 10C, see schedule 10C, section 1.
def barramundi (south-east coast stock) ins 2010 SL No. 35
s 23
(8)
barramundi (south-east Gulf of Carpentaria stock), for schedule 10C, see schedule 10C, section 1.
def barramundi (south-east Gulf of Carpentaria stock) ins 2010 SL No. 35
s 23
(8)
beam, of a boat, see section 14 of this schedule.
def beam ins 2019 SL No. 71
s 55
(4)
beam trawl net means a net with its mouth attached to a beam or pole to keep the net open.
def beam trawl net ins 2019 SL No. 71
s 55
(4)
behind, in relation to a part of a net or a thing used with a net, means away from the front opening of the net.
def behind ins 2019 SL No. 71
s 55
(4)
belly rope, for a cod end, means rope that—
(a)
is made from at least 12mm polyethylene rope; and
(b)
runs the length of the cod end.
def belly rope ins 2019 SL No. 71
s 55
(4)
boat communication notice see section 625K
(1).
def boat communication notice amd 2019 SL No. 71
s 59
sch 1
boat mark, for an authorised boat, see section 228.
boat mark notice see section 227
(b).
bottom set line means a line that is anchored to the bed of a body of water in which the line is being used.
def bottom set line sub 2008 SL No. 156
s 18
(2)–(3); 2010 SL No. 164
s 69
(3)–(4); 2011 SL No. 236
s 27
bottom set net means a mesh net that is set along the seabed.
def bottom set net ins 2011 SL No. 236
s 27
(2)
sub 2012 SL No. 252
s 35
(1)
BRD means bycatch reduction device.
def BRD ins 2019 SL No. 71
s 55
(4)
Brisbane River mouth area–north see schedule 10E, section 1.
def Brisbane River mouth area–north ins 2019 SL No. 71
s 55
(4)
Brisbane River mouth area–south see schedule 10E, section 2.
def Brisbane River mouth area–south ins 2019 SL No. 71
s 55
(4)
Brisbane River–Victoria Bridge to Juno Point area see schedule 10E, section 3.
def Brisbane River–Victoria Bridge to Juno Point area ins 2019 SL No. 71
s 55
(4)
buyer licence ...
def buyer licence om 2009 SL No. 33
s 41
C2 fishery licence means a commercial fishing boat licence on which is written the fishery symbol ‘C2’.
def C2 fishery licence ins 2010 SL No. 35
s 23
(8)
canister trap means a trap consisting of a bucket with perforations in the bottom and sides or a similar type of device.
carrier boat licence means a carrier boat licence issued under chapter 5.
cast net means a circular net that is—
(a)
weighted around its outside; and
(b)
has a rope attached to its centre to allow the net to be cast and retrieved.
central area see schedule 10E, section 4.
def central area ins 2019 SL No. 71
s 55
(4)
charter fishing licence means a charter fishing licence issued under chapter 5.
charter fishing trip means a trip on a boat, during which a person uses a boat (the charter boat) to take paying passengers to fish, as recreational fishers, from, or by otherwise using, the charter boat.
Examples of using a boat to fish——
1
using the boat to tow a tender that is being used for fishing
2
using the boat as a platform for spearfishing or to fish on a reef or sandbank
Cleveland Bay area see schedule 10E, section 5.
def Cleveland Bay area ins 2019 SL No. 71
s 55
(4)
coastal 500m line ...
def coastal 500m line om 2019 SL No. 71
s 59
sch 1
collapsible trap means a trap made of rigid material, with 1 or more collapsible sides.
Comboyuro Point to Caloundra Head area see schedule 10E, section 6.
def Comboyuro Point to Caloundra Head area ins 2019 SL No. 71
s 55
(4)
commercial carrier ...
def commercial carrier om 2015 SL No. 12
s 31
(4)
commercial fisher see section 15.
commercial fisher licence means a commercial fisher licence issued under chapter 5.
commercial fishery see section 15A.
def commercial fishery sub 2008 SL No. 448
s 103
(4)–(5)
commercial fishing apparatus means fishing apparatus other than recreational fishing apparatus.
commercial fishing boat means a primary boat or a tender boat.
commercial fishing boat licence means a commercial fishing boat licence issued under chapter 5.
commercial fishing net ...
def commercial fishing net om 2019 SL No. 71
s 59
sch 1
commercial harvest fishery licence means a commercial harvest fishery licence issued under chapter 5.
commercial trawl fishery (fin fish) see section 609.
def commercial trawl fishery (fin fish) ins 2014 SL No. 328
s 16
(2)
compliant crab bag means a crab bag that—
(a)
is made of mesh of a mesh size of at least 88mm; and
(b)
has a circumference of no more than 50 meshes; and
(c)
is installed—
(i)
inside the cod end of the net; and
(ii)
at no more than 50 meshes from the cod end drawstrings of the net.
def compliant crab bag ins 2019 SL No. 71
s 55
(4)
consignor ...
def consignor om 2015 SL No. 12
s 31
(4)
Coral Reef Plan ...
def Coral Reef Plan om 2015 SL No. 12
s 31
(4)
crab apparatus, for chapter 11, part 1, see section 596
(1).
crab fishery means the commercial crab fishery under chapter 11, part 1.
crab pot means fishing apparatus consisting of a cage with a round opening in the top, or an elongated opening (parallel to the base) in the side, for trapping crabs.
cross-line means a line fixed at both ends and set across or in water.
def cross-line ins 2010 SL No. 35
s 23
(8)
CT line unit means a CT line unit continued under section 756
(2).
def CT line unit sub 2015 SL No. 12
s 31
(4)–(5)
dam means an artificial structure that is designed and constructed to hold water above the level of the banks of a waterway.
def dam ins 2010 SL No. 35
s 23
(8)
deep water net area see schedule 10E, section 7.
def deep water net area ins 2019 SL No. 71
s 55
(4)
defined port area means any of the areas described in schedule 10, column 2.
department’s website means the department’s website on the internet.
depth, of a boat, see section 15 of this schedule.
def depth ins 2019 SL No. 71
s 55
(4)
detected by vessel tracking equipment, for a boat, see section 18 of this schedule.
def detected by vessel tracking equipment ins 2019 SL No. 71
s 55
(4)
development see the Planning Act, schedule 2.
def development ins 2013 SL No. 27
s 8
(2)
sub 2017 SL No. 103
s 67
developmental fishing permit means a developmental fishing permit issued under chapter 5.
development approval change request ...
def development approval change request ins 2013 SL No. 27
s 8
(2)
om 2017 SL No. 103
s 67
(1)
diameter ...
def diameter om 2019 SL No. 71
s 59
sch 1
dilly means fishing apparatus consisting of a frame and a net that hangs below the frame’s horizontal plane when the apparatus is in use.
domestic commercial vessel see the domestic commercial vessel national law, section 7.
def domestic commercial vessel ins 2016 SL No. 154
s 253
sch 10
domestic commercial vessel national law see the
Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016
, section 20.
def domestic commercial vessel national law ins 2016 SL No. 154
s 253
sch 10
drainage division see section 2 of this schedule.
drop line, for chapter 8
part 5, see section 429
(1)
(a).
def drop line sub 2008 SL No. 156
s 18
(2)–(3); 2010 SL No. 164
s 69
(3)–(4)
drum line means a line, to which a hook is attached, that is suspended from a float anchored to the bed of a body of water in which the line is being used.
def drum line ins 2008 SL No. 156
s 18
(3)
east coast trawl fishery see section 392.
def east coast trawl fishery ins 2019 SL No. 71
s 55
(4)
east coast trawl fishery area see section 392AA
(1).
def east coast trawl fishery area amd 2011 SL No. 106
s 20
(1); 2016 SL No. 74
s 3
sch 1
sub 2019 SL No. 71
s 55
(3)–(4)
east coast trawl fishery symbol means a fishery symbol mentioned in section 392AB
(2).
def east coast trawl fishery symbol ins 2019 SL No. 71
s 55
(4)
East Coast Trawl Plan ...
def East Coast Trawl Plan amd 2011 SL No. 106
s 20
(2)
om 2019 SL No. 71
s 59
sch 1
eastern ‘N11’ area see section 528
(a).
def eastern ‘N11’ area ins 2011 SL No. 236
s 27
(2)
eastern non-tidal waters ...
def eastern non-tidal waters ins 2014 SL No. 282
s 19
(3)
amd 2016 SL No. 193
s 47
(1)
om 2019 SL No. 71
s 59
sch 1
eel licence means a commercial harvest fishery licence on which is written the fishery symbol ‘E’.
def eel licence ins 2010 SL No. 35
s 23
(8)
eel trap means a mesh trap—
(a)
supported by a rigid rectangular frame; and
(b)
to which a cod-end or pocket is attached.
def eel trap ins 2010 SL No. 35
s 23
(8)
effort unit means an effort unit continued under section 766
(2).
def effort unit sub 2019 SL No. 71
s 55
(3)–(4)
effort unit certificate means a certificate—
(a)
issued under section 101 of the repealed 1999 plan; or
(b)
replaced under section 71 of the Act; or
(c)
changed or replaced under—
(i)
section 93 of the repealed 2010 plan; or
(ii)
section 392CI.
def effort unit certificate ins 2019 SL No. 71
s 55
(4)
effort unit conversion factor, for a boat, means the effort unit conversion factor for the boat stated in schedule 10F opposite the number of hull units for the boat.
def effort unit conversion factor ins 2019 SL No. 71
s 55
(4)
effort year means the period from midday on 1 January to midday on 1 January in the next year.
def effort year ins 2019 SL No. 71
s 55
(4)
entitlement—
(a)
under an effort unit, see section 392BO
(4); or
(b)
under an ITQ unit, see section 600O
(2); or
(c)
under a line unit, see section 591O
(4); or
(d)
under an SM unit, see section 557
(2); or
(e)
under a T4-ITQ unit, see section 614H
(2).
def entitlement sub 2010 SL No. 35
s 23
(7)–(8)
amd 2014 SL No. 328
s 16
(4)
sub 2015 SL No. 12
s 31
(4)–(5); 2019 SL No. 71
s 55
(3)–(4)
escape hole see section 392BC
(2)
(b).
def escape hole ins 2019 SL No. 71
s 55
(4)
extended licensed charter fishing trip ...
def extended licensed charter fishing trip om 2019 SL No. 71
s 59
sch 1
F ...
def F om 2019 SL No. 71
s 59
sch 1
F↑
B sign means a sign with the marking F↑B on it, erected or displayed by the chief executive.
Facing Island area see schedule 10E, section 8.
def Facing Island area ins 2019 SL No. 71
s 55
(4)
filleting permit means a filleting permit issued under chapter 5.
def filleting permit ins 2015 SL No. 12
s 31
(5)
fin fish means a fish that has a fin at any stage of its life cycle.
first licence, for chapter 6, part 4, see section 256
(1)
(a).
fisheries regulated waters plan ...
def fisheries regulated waters plan om 2019 SL No. 71
s 59
sch 1
Fisherman Island area see schedule 10E, section 9.
def Fisherman Island area ins 2019 SL No. 71
s 55
(4)
fisher PIN means—
(a)
for line units—
(i)
the fisher PIN for the units continued under section 758
(2); or
(ii)
the 4-digit identity number issued for the units under section 591ZR
(2); or
(iii)
if the fisher PIN for the line unit is changed under section 591ZT, the fisher PIN as changed; or
(b)
for SM units—
(i)
the fisher PIN for the units continued under section 725; or
(ii)
the 4-digit identity number issued for the units under section 587
(2); or
(iii)
if the fisher PIN for the units is changed under section 589, the fisher PIN as changed; or
(c)
for T4-ITQ units—
(i)
the 4-digit identity number issued for the units under section 614F
(b); or
(ii)
if the fisher PIN for the units is changed under section 614S, the fisher PIN as changed.
def fisher PIN amd 2011 SL No. 106
s 20
(3); 2014 SL No. 328
s 16
(5)
sub 2015 SL No. 12
s 31
(4)–(5)
fishery area, of a commercial fishery, means an area stated in a fishery provision about the commercial fishery as a fishery area of the commercial fishery.
fishery period, for a commercial fishery, see section 268
(1).
fishery provision, for a provision about a commercial fishery, means a provision of chapters 7 to 11 about the fishery.
def fishery provision amd 2019 SL No. 71
s 59
sch 1
fishery symbol, for a commercial fishery, means a symbol stated in a fishery provision about the fishery as a fishery symbol for the fishery.
fishery symbol movement application means an application under section 256.
fish habitat area plan see section 615
(1).
fishing days, for effort units, means the number of days worked out by dividing the total number of the units by the effort unit conversion factor for the boat identified in the effort unit certificate for the units.
def fishing days ins 2019 SL No. 71
s 55
(4)
fishing line see section 2A of this schedule.
def fishing line sub 2008 SL No. 156
s 18
(2)–(3)
Fitzroy River mouth area see schedule 10E, section 10.
def Fitzroy River mouth area ins 2019 SL No. 71
s 55
(4)
fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.
def fix sub 2008 SL No. 448
s 103
(4)–(5)
Flat Rock (grey nurse shark protection area—western zone) ...
def Flat Rock (grey nurse shark protection area—western zone om 2019 SL No. 71
s 59
sch 1
former Authority means—
(a)
the former Queensland Fisheries Management Authority under the Act; or
(b)
the former Queensland Fish Management Authority under the repealed
Fishing Industry Organisation and Marketing Act 1982
.
free-floating line means a line—
(a)
with or without a float; and
(b)
to which is attached a hook; and
(c)
that is not fixed.
def free-floating line ins 2008 SL No. 156
s 18
(3)
freshwater basins map means the map of that name held by the chief executive.
Note—
The freshwater basins map is available for inspection during office hours on business days at the department’s head office.
def freshwater basins map ins 2010 SL No. 35
s 23
(8)
amd 2018 SL No. 179
s 24
(2)
freshwater fish means a fish that at any stage of its life cycle is found in waters that are not tidal.
Freshwater Plan ...
def Freshwater Plan om 2010 SL No. 35
s 23
(7)
front opening, of a net, means the opening through which fish enter the net.
def front opening ins 2019 SL No. 71
s 55
(4)
full supply level, for an impoundment, means the level of the water surface when the impoundment is holding as much water as it can hold while not affected by flood.
def full supply level ins 2014 SL No. 282
s 19
(3)
funnel trap means a mesh trap consisting of a rigid frame with funnel-shaped entrances or a similar device.
G ...
def G om 2019 SL No. 71
s 59
sch 1
general fisheries permit see section 204
(1)
(e).
def general fisheries permit sub 2015 SL No. 12
s 31
(4)–(5)
general purpose mesh net means a mesh net of a type mentioned in a fishery provision under chapter 9, part 2 and used in the way stated in the provision.
def general purpose mesh net ins 2008 SL No. 448
s 103
(5)
gill net ...
def gill net om 2008 SL No. 448
s 103
(4)
Great Sandy Strait area see schedule 10E, section 11.
def Great Sandy Strait area ins 2019 SL No. 71
s 55
(4)
ground chain means a chain attached at 1 or more points to the bottom rope of an otter trawl net so that the chain is suspended below the bottom rope when the net is in use.
def ground chain ins 2019 SL No. 71
s 55
(4)
guidelines ...
def guidelines om 2019 SL No. 71
s 59
sch 1
Gulf ‘N11’ area see section 528
(b).
def Gulf ‘N11’ area ins 2011 SL No. 236
s 27
(2)
Gulf of Carpentaria waters means the regulated waters of that name mentioned in the
Fisheries Declaration 2019
, schedule 1.
def Gulf of Carpentaria waters amd 2019 SL No. 71
s 59
sch 1
Gulf Plan ...
def Gulf Plan om 2011 SL No. 236
s 27
(1)
hand pump means a hand-operated pump used for taking bait.
haul, a net, means to gather or retrieve the net or a part of the net, without the use of a boat, for taking fish.
def haul ins 2008 SL No. 448
s 103
(5)
haul seine net ...
def haul seine net om 2019 SL No. 71
s 59
sch 1
Hervey Bay area see schedule 10E, section 12.
def Hervey Bay area ins 2019 SL No. 71
s 55
(4)
hook includes—
(a)
a hook with more than 1 prong, including, for example, fishing apparatus known as a treble hook; and
(b)
a device consisting of more than 1 hook attached to a fishing line at a single point, including, for example, a fishing apparatus known as a gang hook.
hull units, for a boat, see section 13 of this schedule.
def hull units ins 2019 SL No. 71
s 55
(4)
IDAS ...
def IDAS amd 2009 SL No. 280
s 85
(3)
om 2017 SL No. 103
s 67
(1)
identified by, in the context of a commercial fishery identified by a fishery symbol, see section 1 of this schedule.
indigenous fishing permit means an indigenous fishing permit issued under chapter 5.
information notice ...
def information notice om 2009 Act No. 24
s 538
in front of, in relation to a part of a net or a thing used with a net, means towards the front opening of the net.
def in front of ins 2019 SL No. 71
s 55
(4)
inlet means an inlet that includes the word ‘inlet’ in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.
def inlet ins 2008 SL No. 448
s 103
(5)
interdorsal length ...
def interdorsal length ins 2008 SL No. 448
s 103
(5)
om 2019 SL No. 71
s 59
sch 1
inverted dilly ...
def inverted dilly om 2008 SL No. 431
s 23
(1)
ITQ means individual transferable quota.
def ITQ ins 2010 SL No. 35
s 23
(8)
ITQ unit means an ITQ unit continued under section 746
(2).
def ITQ unit sub 2010 SL No. 35
s 23
(7)–(8)
ITQ unit certificate means—
(a)
an ITQ unit certificate continued under section 747
(2); or
(b)
if the certificate is replaced under section 71 of the Act, or changed or replaced under section 600V
(2), the certificate as replaced or changed.
def ITQ unit certificate ins 2010 SL No. 35
s 23
(8)
ITQ unit holder means a holder of an ITQ unit.
def ITQ unit holder ins 2010 SL No. 35
s 23
(8)
ITQ year means a period of 1 year starting on 1 June in a year and ending on 31 May in the next year.
def ITQ year ins 2010 SL No. 35
s 23
(8)
juvenile eel means an elver or a glass eel.
Keppel Bay area see schedule 10E, section 13.
def Keppel Bay area ins 2019 SL No. 71
s 55
(4)
Laguna Bay area see schedule 10E, section 14.
def Laguna Bay area ins 2019 SL No. 71
s 55
(4)
land, a boat, includes—
(a)
landing a person or thing that is on the boat; and
(b)
moving a person or thing that is on land to the boat.
landing period—
(a)
for chapter 10, part 3, see section 569
(e)
(i); or
(b)
for chapter 10A, part 3, see section 591ZA
(e)
(i); or
(c)
for chapter 11, part 3, division 6, see section 614ZA
(e)
(i).
def landing period sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
landing place—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591ZA
(c); or
(c)
for chapter 11, part 3, division 6, see section 614ZA
(c); or
(c)
for chapter 13, part 1B, division 3, see section 625J.
def landing place sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
sub 2019 SL No. 71
s 55
(3)–(4)
leading edge, in relation to a part of a net or a thing used with a net, means the edge nearest to the front opening of the net.
def leading edge ins 2019 SL No. 71
s 55
(4)
length—
(a)
of a commercial fishing boat—see section 3 of this schedule; or
(b)
of a net—see section 4 of this schedule.
def length sub 2019 SL No. 71
s 55
(3)–(4)
level of assessment ...
def level of assessment ins 2013 SL No. 27
s 8
(2)
om 2017 SL No. 103
s 67
(1)
licence holder ...
def licence holder om 2019 SL No. 71
s 59
sch 1
line fishery area—
(a)
for chapter 10, part 1, see section 546; or
(b)
for chapter 10A, part 1, see section 591D.
def line fishery area sub 2015 SL No. 12
s 31
(4)–(5)
line fishery symbol—
(a)
for chapter 10, part 1, see section 546; or
(b)
for chapter 10A, part 1, see section 591A.
def line fishery symbol sub 2015 SL No. 12
s 31
(4)–(5)
line unit, for chapter 10A, means a CT line unit, OS line unit or RTE line unit.
def line unit sub 2015 SL No. 12
s 31
(4)–(5)
line unit certificate means—
(a)
a line unit certificate continued under section 757; or
(b)
if the certificate is replaced under section 71 of the Act, or changed or replaced under section 591ZP
(2), the certificate as replaced or changed.
def line unit certificate ins 2015 SL No. 12
s 31
(5)
line year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.
def line year ins 2015 SL No. 12
s 31
(5)
listed impoundment ...
def listed impoundment ins 2014 SL No. 282
s 19
(3)
om 2019 SL No. 71
s 59
sch 1
Llewellyn Bay area see schedule 10E, section 15.
def Llewellyn Bay area ins 2019 SL No. 71
s 55
(4)
Logan River area see schedule 10E, section 16.
def Logan River area ins 2019 SL No. 71
s 55
(4)
lure means an artificial bait with 1 or more hooks attached to it.
‘M1’ and ‘M2’ area see schedule 10E, section 17.
def ‘M1’ and ‘M2’ area ins 2019 SL No. 71
s 55
(4)
‘M1’ licence means a commercial fishing boat licence with an ‘M1’ fishery symbol written on it.
def ‘M1’ licence ins 2019 SL No. 71
s 55
(4)
‘M2’ licence means a commercial fishing boat licence with an ‘M2’ fishery symbol written on it.
def ‘M2’ licence ins 2019 SL No. 71
s 55
(4)
malfunction, for chapter 13, part 1B, see section 80
(6) of the Act.
def malfunction sub 2019 SL No. 71
s 55
(3)–(4)
management A area means an area within a declared fish habitat area identified by the words ‘management A’ on the fish habitat area plan mentioned in schedule 3 for the declared fish habitat area.
management B area means an area within a declared fish habitat area identified by the words ‘management B’ on the fish habitat area plan mentioned in schedule 3 for the declared fish habitat area.
manually reported, for a boat, means notice about a boat’s position and operation given under section 625N.
def manually reported ins 2019 SL No. 71
s 55
(4)
maximum continuous brake kW see section 16 of this schedule.
def maximum continuous brake kW ins 2019 SL No. 71
s 55
(4)
mesh net means a net suspended vertically through a water column that can be used, for example, as a general purpose mesh net, ring net, seine net, set mesh net or net that is neither fixed nor hauled, but does not include a net that is hauled by use of a boat for taking fish.
def mesh net sub 2008 SL No. 156
s 18
(2)–(3); 2008 SL No. 448
s 103
(4)–(5)
mesh size, of a net, see section 6 of this schedule.
minor impact works code ...
def minor impact works code om 2017 SL No. 103
s 67
(1)
monofilament ...
def monofilament om 2019 SL No. 71
s 59
sch 1
Moreton Bay (trawling) see schedule 10E, section 18.
def Moreton Bay (trawling) ins 2019 SL No. 71
s 55
(4)
Moreton Bay (whole) waters means the regulated waters of that name mentioned in the
Fisheries Declaration 2019
, schedule 1.
def Moreton Bay (whole) waters amd 2019 SL No. 71
s 59
sch 1
N ...
def N om 2019 SL No. 71
s 59
sch 1
national park land means land that is dedicated under the
Nature Conservation Act 1992
as a national park, national park (scientific), national park (Aboriginal land), national park (Torres Strait Islander land), national park (Cape York Peninsula Aboriginal land), conservation park or resources reserve.
def national park land amd 2014 SL No. 35
s 7; 2016 SL No. 104
s 2
(2)
sch 1
nearshore waters see section 4A of this schedule.
def nearshore waters ins 2008 SL No. 448
s 103
(5)
net that is neither fixed nor hauled means a mesh net that, while it is being used for taking fish, is—
(a)
allowed to move freely in the water; and
(b)
is not fixed to a place or otherwise restricted in its movement by the person using the net.
def net that is neither fixed nor hauled ins 2008 SL No. 156
s 18
(3)
sub 2008 SL No. 448
s 103
(4)–(5)
n mile means nautical mile.
northern area see schedule 10E, section 19.
def northern area ins 2019 SL No. 71
s 55
(4)
notification day means the day this regulation was notified in the gazette.
ocean beach fishery means a commercial fishery mentioned in chapter 9, part 1.
ocean beach fishery flag see section 234.
ocean beach net area see section 234.
offset assessment fee ...
def offset assessment fee ins 2013 SL No. 27
s 8
(2)
om 2017 SL No. 103
s 67
(1)
offshore provision ...
def offshore provision om 2008 SL No. 448
s 103
(4)
offshore waters see section 6A of this schedule.
def offshore waters sub 2008 SL No. 448
s 103
(4)–(5)
original ocean beach fishery area means a fishery area mentioned in section 437, 440, 443, 446, 449, 452, 455 or 458.
def original ocean beach fishery area ins 2008 SL No. 448
s 103
(5)
OS line unit means an OS line unit continued under section 756
(3).
def OS line unit sub 2015 SL No. 12
s 31
(4)–(5)
other Queensland regulated ship means an other Queensland regulated ship under the
Transport Operations (Marine Safety) Act 1994
.
def other Queensland regulated ship ins 2016 SL No. 154
s 253
sch 10
otter trawl net means a net with its mouth kept open by otter boards and the force of water.
def otter trawl net sub 2019 SL No. 71
s 55
(3)–(4)
permitted fish—
(a)
for chapter 7A, see section 392AC; or
(b)
for chapter 11, part 3, see section 612.
def permitted fish ins 2014 SL No. 328
s 16
(2)
sub 2019 SL No. 71
s 55
(3)–(4)
Planning Regulation ...
def Planning Regulation ins 2009 SL No. 280
s 85
(2)
om 2017 SL No. 103
s 67
(1)
power assisted device means an electrical or mechanical device for setting or retrieving fishing apparatus.
def power assisted device ins 2011 SL No. 236
s 27
(2)
prescribed barramundi waterway ...
def prescribed barramundi waterway amd 2012 SL No. 252
s 35
(2); 2016 SL No. 193
s 47
(2)
om 2019 SL No. 71
s 59
sch 1
prescribed commercial catch means—
(a)
for a species of fish other than black jewfish—the total weight of fish of the species taken by all commercial fishers that is—
(i)
calculated periodically by the chief executive from the end of the previous 30 June to the day the calculation is made; and
(ii)
published by the chief executive in a form that is likely to be accessible for commercial fishers; or
Examples of a form of publication for subparagraph (ii)—
a recorded message on the AIVR system or a notice published on the department’s website
(b)
for black jewfish—the total weight of fish of the species taken by all commercial fishers that is—
(i)
calculated periodically by the chief executive from the end of the previous 31 December to the day the calculation is made; and
(ii)
published by the chief executive in a form that is likely to be accessible for commercial fishers.
Examples of a form of publication for subparagraph (ii)—
a recorded message on the AIVR system or a notice published on the department’s website
def prescribed commercial catch amd 2009 SL No. 114
s 27; 2018 SL No. 179
s 3
sch 1
sub 2019 SL No. 61
s 11
prescribed coral reef fin fish, for a line unit, means—
(a)
for a CT line unit—regulated coral trout; or
(b)
for a RTE line unit—redthroat emperor; or
(c)
for an OS line unit—other regulated coral reef fin fish.
def prescribed coral reef fin fish ins 2015 SL No. 12
s 31
(5)
prescribed development purpose, for a declared fish habitat area, see section 214.
prescribed jobfish ...
def prescribed jobfish sub 2009 SL No. 61
s 43
(1)–(2)
om 2019 SL No. 71
s 59
sch 1
prescribed numerical code—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591W; or
(c)
for chapter 11, part 3, division 6, see section 614W.
def prescribed numerical code sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
prescribed person—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591W; or
(c)
for chapter 11, part 3, division 6, see section 614W.
def prescribed person sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
prescribed reason, for chapter 10, part 3, see section 565.
def prescribed reason sub 2019 SL No. 71
s 55
(3)–(4)
prescribed reference document see section 6
(3).
prescribed stocked impoundment see section 6B of this schedule.
def prescribed stocked impoundment ins 2010 SL No. 35
s 23
(8)
prescribed way ...
def prescribed way om 2019 SL No. 71
s 59
sch 1
prescribed whiting, for chapter 11, part 3, see section 609A.
def prescribed whiting ins 2014 SL No. 328
s 16
(2)
primary boat see section 7 of this schedule.
primary boat mark, for a net, means the boat mark written on the primary boat under which the net is being used.
def primary boat mark ins 2011 SL No. 236
s 27
(2)
principal bug see section 392AC
(a)
(iii).
def principal bug ins 2019 SL No. 71
s 55
(4)
principal fish see section 392AC
(a).
def principal fish ins 2019 SL No. 71
s 55
(4)
prior notice—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591W; or
(c)
for chapter 11, part 3, division 6, see section 614W.
def prior notice sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
prior notice area—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591W; or
(c)
for chapter 11, part 3, division 6, see section 614W.
def prior notice area sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
prior notice deadline—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591W; or
(c)
for chapter 11, part 3, division 6, see section 614W.
def prior notice deadline sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
prior notice particulars—
(a)
for chapter 10, part 3, see section 569; or
(b)
for chapter 10A, part 3, see section 591ZA; or
(c)
for chapter 11, part 3, division 6, see section 614ZA.
def prior notice particulars sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
process, in relation to fish, includes freezing, packing, refrigerating, sorting or thawing the fish.
prohibited activity ...
def prohibited activity om 2019 SL No. 71
s 59
sch 1
published, on the department’s website, means published on, or accessible through, the website.
def published ins 2018 SL No. 179
s 24
(1)
purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.
pyramid trap means a mesh trap with a square-shaped base and 4 triangular sides that meet at a point where there is a trap opening.
def pyramid trap ins 2014 SL No. 282
s 19
(3)
quota authority ...
def quota authority sub 2015 SL No. 12
s 31
(4)–(5)
om 2019 SL No. 71
s 55
(3)
ready to fish, for chapter 5, part 7, division 2, see section 235.
recognised BRD see section 392AI.
def recognised BRD ins 2019 SL No. 71
s 55
(4)
recognised TED see section 392BC
(1)
(a).
def recognised TED ins 2019 SL No. 71
s 55
(4)
recreational fisher see section 8
(1) of this schedule.
recreational fishing see section 8
(2) of this schedule.
recreational fishing apparatus means—
(a)
a spear or spear gun; and
(b)
any of the following fishing apparatus that may be used or possessed by a recreational fisher under a regulated fishing apparatus declaration—
(i)
a canister trap;
(ii)
a cast net;
(iii)
a collapsible trap;
(iv)
a crab pot;
(v)
a dilly;
(vi)
a fishing line;
(vii)
a fork;
(viii)
a funnel trap;
(ix)
a hand pump;
(x)
a pyramid trap;
(xi)
a round trap;
(xii)
a scoop net;
(xiii)
a seine net.
def recreational fishing apparatus amd 2008 SL No. 156
s 18
(4); 2008 SL No. 431
s 23
(2); 2014 SL No. 282
s 19
(4)
sub 2019 SL No. 71
s 55
(3)–(4)
redclaw crayfish waters ...
def redclaw crayfish waters om 2009 SL No. 61
s 43
(1)
redclaw waters ...
def redclaw waters ins 2009 SL No. 61
s 43
(2)
amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
reef line commercial fishery see section 591B.
def reef line commercial fishery ins 2015 SL No. 12
s 31
(5)
referral agency ...
def referral agency sub 2009 SL No. 280
s 85
(1)–(2); 2017 SL No. 103
s 67
om 2019 Act No. 11
s 231 sch 1
pt 1
regulated by form ...
def regulated by form amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated by gender ...
def regulated by gender amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated by number ...
def regulated by number amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated by reproductive capacity ...
def regulated by reproductive capacity amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated by size ...
def regulated by size amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated by volume ...
def regulated by volume amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated by weight ...
def regulated by weight amd 2009 SL No. 176
s 29
om 2019 SL No. 71
s 59
sch 1
regulated cod or grouper means any of the species of fish identified in schedule 5, part 1, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated coral reef fin fish means any of the species of fish identified in schedule 5, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated coral trout means any of the species of fish identified in schedule 5, part 2, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated emperor means any of the species of fish identified in schedule 5, part 3, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated form ...
def regulated form om 2019 SL No. 71
s 59
sch 1
regulated gender ...
def regulated gender om 2019 SL No. 71
s 59
sch 1
regulated maximum size ...
def regulated maximum size om 2019 SL No. 71
s 59
sch 1
regulated minimum size ...
def regulated minimum size om 2019 SL No. 71
s 59
sch 1
regulated number ...
def regulated number om 2019 SL No. 71
s 59
sch 1
regulated parrotfish means any of the species of fish identified in schedule 5, part 5, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated period ...
def regulated period sub 2008 SL No. 448
s 103
(4)–(5)
om 2019 SL No. 71
s 59
sch 1
regulated person ...
def regulated person sub 2010 SL No. 35
s 23
(7)–(8)
om 2019 SL No. 71
s 59
sch 1
regulated reproductive capacity ...
def regulated reproductive capacity om 2019 SL No. 71
s 59
sch 1
regulated surgeonfish means any of the species of fish identified in schedule 5, part 6, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated sweetlip means any of the species of fish identified in schedule 5, part 7, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated tropical snapper or seaperch means any of the species of fish identified in schedule 5, part 8, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated volume ...
def regulated volume om 2019 SL No. 71
s 59
sch 1
regulated waters—
(a)
generally—means the waters declared to be regulated waters under the
Fisheries Declaration 2019
, section 10; or
(b)
if specifically referred to by name or description—see section 9.
def regulated waters sub 2008 SL No. 448
s 103
(4)–(5)
amd 2019 SL No. 71
s 59
sch 1
regulated weight ...
def regulated weight om 2019 SL No. 71
s 59
sch 1
regulated wrasse means any of the species of fish identified in schedule 5, part 9, whether by express mention or by reference to another taxonomic grouping of the fish.
regulating provision ...
def regulating provision om 2019 SL No. 71
s 59
sch 1
relevant assessment fee ...
def relevant assessment fee sub 2013 SL No. 27
s 8
om 2017 SL No. 103
s 67
(1)
relevant authority—
(a)
for chapter 13, part 1B—see section 625F
(1); or
(b)
for chapter 14, part 2—see section 644.
def relevant authority sub 2019 SL No. 71
s 55
(3)–(4)
relevant boat, for a relevant authority, for chapter 13, part 1B, see section 80
(1)
(b) of the Act and section 625F
(2).
def relevant boat sub 2019 SL No. 71
s 55
(3)–(4)
relevant fish, for chapter 14, part 5, see section 659.
def relevant fish ins 2015 SL No. 12
s 31
(5)
relevant fishery, for chapter 6, part 6, see section 263
(1).
relevant period—
(a)
for chapter 13, part 1B, see section 625H; or
(b)
for chapter 14, part 2, division 2, see section 645
(b); or
(c)
for chapter 14, part 2, division 3, see section 649
(b).
def relevant period sub 2019 SL No. 71
s 55
(3)–(4)
relevant person, for chapter 14, part 2, division 3, see section 649
(c).
relevant quantity particulars see section 654.
repealed 1999 plan means the repealed
Fisheries (East Coast Trawl) Management Plan 1999
.
def repealed 1999 plan ins 2019 SL No. 71
s 55
(4)
repealed 2010 plan means the repealed
Fisheries (East Coast Trawl) Management Plan 2010
.
def repealed 2010 plan ins 2019 SL No. 71
s 55
(4)
Repulse Bay area see schedule 10E, section 20.
def Repulse Bay area ins 2019 SL No. 71
s 55
(4)
resource allocation authority means a resource allocation authority issued under chapter 5, part 3.
ring net means a mesh net shot in a way that allows it to encircle the fish being targeted.
def ring net sub 2008 SL No. 448
s 103
(4)–(5)
river basin see section 9 of this schedule.
round eel trap means a mesh trap—
(a)
supported by a rigid cylindrical frame; and
(b)
to which a cod-end or pocket is attached.
def round eel trap ins 2010 SL No. 35
s 23
(8)
round trap means a mesh trap supported by a rigid cylindrical frame.
RQ fishery licence means a commercial fishing boat licence on which is written the fishery symbol ‘RQ’.
def RQ fishery licence ins 2015 SL No. 12
s 31
(5)
RTE line unit means a RTE line unit continued under section 756
(4).
def RTE line unit sub 2015 SL No. 12
s 31
(4)–(5)
S ...
def S om 2019 SL No. 71
s 59
sch 1
sale docket, see section 655
(1).
scoop net means a mesh net, with a handle, that can be used to take fish by being formed into a scoop.
def scoop net ins 2010 SL No. 35
s 23
(8)
second licence, for chapter 6, part 4, see section 256
(1)
(b).
def second licence amd 2019 SL No. 71
s 59
sch 1
seine net means a mesh net, with or without a pocket, that can be—
(a)
shot in a way that partly encircles the fish being targeted; and
(b)
hauled in a way that concentrates the fish in an area for taking them.
def seine net sub 2008 SL No. 156
s 18
(2)–(3); 2008 SL No. 448
s 103
(4)–(5)
set, a net, means fix the net or part of it in a way that it can trap fish.
set line means a line used to take fish that—
(a)
is prevented from unwinding freely by a device attached to the line; and
(b)
is attached to—
(i)
a boat; or
(ii)
something else outside, but not floating on, the water in which it is being used.
Example for subparagraph (ii)—
a line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water
def set line ins 2008 SL No. 156
s 18
(3)
sub 2010 SL No. 35
s 23
(7)–(8)
set mesh net see section 9A of this schedule.
def set mesh net sub 2008 SL No. 156
s 18
(2)–(3); 2008 SL No. 448
s 103
(4)–(5)
set pocket net means a bag shaped set net placed across a current or tide to trap fish.
def set pocket net ins 2008 SL No. 448
s 103
(5)
SF↑
B sign ...
def SF↑
B sign om 2019 SL No. 71
s 59
sch 1
shell dredge means a rigid device that is used for gathering shells as it is dragged along the substrate.
shoot, a net, means place or spread the net, or part of it, in a way that it can trap fish.
def shoot amd 2019 SL No. 71
s 59
sch 1
Sinclair Bay area see schedule 10E, section 21.
def Sinclair Bay area ins 2019 SL No. 71
s 55
(4)
SM fishery licence means a licence under the Act with the fishery symbol ‘SM’ written on it.
SM (Flat Rock) fishery licence ...
def SM (Flat Rock) fishery licence amd 2012 SL No. 252
s 6 sch
om 2016 SL No. 193
s 47
(3)
SM unit means an SM unit continued under section 723.
SM unit certificate means—
(a)
an SM unit certificate continued under section 724; or
(b)
if the certificate is replaced under section 71 of the Act, or changed or replaced under section 585
(2), the certificate as replaced or changed.
SM unit holder means a holder of an SM unit.
SM year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.
Spanner Crab Plan ...
def Spanner Crab Plan om 2010 SL No. 35
s 23
(7)
spear gun includes a bow for propelling a spear.
species, of fish, for chapter 1, part 2, division 3, see section 5.
def species sub 2008 SL No. 448
s 103
(4)–(5)
amd 2019 SL No. 71
s 59
sch 1
square mesh means netting material orientated so the direction of the mesh twine is longitudinal and transverse to the length of the cod end.
def square mesh ins 2019 SL No. 71
s 55
(4)
steaming day see section 392BO
(1).
def steaming day ins 2019 SL No. 71
s 55
(4)
stock, of a species of fish by reference to a location, see section 9B of this schedule.
def stock ins 2010 SL No. 35
s 23
(8)
stocked impoundment permit means a stocked impoundment permit issued under chapter 5.
def stocked impoundment permit ins 2010 SL No. 35
s 23
(8)
stowed and secured see section 4A.
def stowed and secured ins 2011 SL No. 236
s 27
(2)
sub 2019 SL No. 71
s 55
(3)–(4)
structure includes a barrage, boat ramp, bridge, bund, dam wall, harbour breakwater, jetty, mooring, power pole, silt curtain, storm water outlet, weir and wreck.
substitute primary boat ...
def substitute primary boat ins 2011 SL No. 236
s 27
(2)
om 2019 SL No. 71
s 59
sch 1
surface trolling ...
def surface trolling om 2019 SL No. 71
s 59
sch 1
sweep, of a net—
(a)
for an otter trawl net used under section 613—see section 613
(5) and (6); or
(b)
otherwise—see section 17 of this schedule.
def sweep ins 2019 SL No. 71
s 55
(4)
‘T1’ area see schedule 10E, section 22.
def ‘T1’ area ins 2019 SL No. 71
s 55
(4)
T1 effort unit ...
def T1 effort unit om 2019 SL No. 71
s 55
(3)
T1 effort units see section 392BO
(1)
(a).
def T1 effort units ins 2019 SL No. 71
s 55
(4)
‘T1’ licence means a commercial fishing boat licence with a ‘T1’ fishery symbol written on it.
def ‘T1’ licence ins 2019 SL No. 71
s 55
(4)
‘T2’ area see schedule 10E, section 23.
def ‘T2’ area ins 2019 SL No. 71
s 55
(4)
T2 effort unit ...
def T2 effort unit om 2019 SL No. 71
s 55
(3)
T2 effort units see section 392BO
(1)
(b).
def T2 effort units ins 2019 SL No. 71
s 55
(4)
‘T2’ licence means a commercial fishing boat licence with a ‘T2’ fishery symbol written on it.
def ‘T2’ licence ins 2019 SL No. 71
s 55
(4)
T4 fishery licence means a commercial fishing boat licence on which is written the fishery symbol ‘T4’.
def T4 fishery licence ins 2014 SL No. 328
s 16
(2)
T4-ITQ unit means a T4-ITQ unit issued under section 614E
(1).
def T4-ITQ unit ins 2014 SL No. 328
s 16
(2)
T4-ITQ unit certificate means—
(a)
a T4-ITQ unit certificate issued under section 614E
(2); or
(b)
if the certificate is replaced under section 71 of the Act, or changed, replaced or issued under section 614O
(2), the certificate as replaced, changed or issued.
def T4-ITQ unit certificate ins 2014 SL No. 328
s 16
(2)
amd 2019 SL No. 71
s 59
sch 1
T4-ITQ unit holder means a holder of a T4-ITQ unit.
def T4-ITQ unit holder ins 2014 SL No. 328
s 16
(2)
T4-ITQ year means the period from 1 January to 31 December.
Note—
See, however, section 751.
def T4-ITQ year ins 2014 SL No. 328
s 16
(2)
‘T5’ licence means a commercial fishing boat licence with a ‘T5’ fishery symbol written on it.
def ‘T5’ licence ins 2019 SL No. 71
s 55
(4)
‘T6’ licence means a commercial fishing boat licence with a ‘T6’ fishery symbol written on it.
def ‘T6’ licence ins 2019 SL No. 71
s 55
(4)
‘T7’ licence means a commercial fishing boat licence with a ‘T7’ fishery symbol written on it.
def ‘T7’ licence ins 2019 SL No. 71
s 55
(4)
‘T8’ licence means a commercial fishing boat licence with a ‘T8’ fishery symbol written on it.
def ‘T8’ licence ins 2019 SL No. 71
s 55
(4)
‘T9’ licence means a commercial fishing boat licence with a ‘T9’ fishery symbol written on it.
def ‘T9’ licence ins 2019 SL No. 71
s 55
(4)
TED means turtle excluder device.
def TED ins 2019 SL No. 71
s 55
(4)
tender boat see section 7 of this schedule.
territorial sea baseline means the baseline adjacent to the coast of the State as for the time being decided under the
Seas and Submerged Lands Act 1973 (Cwlth), section 7
(2)
(b).
def territorial sea baseline amd 2019 SL No. 71
s 59
sch 1
the licence, for a fishery provision, see section 16.
the State ...
def the State om 2015 SL No. 12
s 31
(4)
threshold percentage ...
def threshold percentage om 2019 SL No. 71
s 59
sch 1
tickler chain means a chain attached to a trawl net or the otter boards of an otter trawl net that is in front of the mouth of the net when the net is in use.
def tickler chain ins 2019 SL No. 71
s 55
(4)
trailing edge, in relation to a part of a net or a thing used with a net, means the edge furthest from the front opening of the net.
def trailing edge ins 2019 SL No. 71
s 55
(4)
transaction number, for a transaction carried out using the AIVR system, see section 670
(1)
(b).
transhipment notice—
(a)
for chapter 10, part 3, see section 576
(2); or
(b)
for chapter 10A, part 3, see section 591ZG
(2).
def transhipment notice sub 2015 SL No. 12
s 31
(4)–(5)
transport vessel—
(a)
for chapter 10, part 3, see section 576
(1)
(b); or
(b)
for chapter 10A, part 3, see section 591ZG
(1)
(b).
def transport vessel sub 2015 SL No. 12
s 31
(4)–(5)
trap entrance, for chapter 7, part 3A, see section 310K
(1)
(a).
def trap entrance ins 2010 SL No. 35
s 23
(8)
trap pocket entrance, for chapter 7, part 3A, see section 310K
(1)
(b).
def trap pocket entrance ins 2010 SL No. 35
s 23
(8)
trawling see section 392.
def trawling ins 2019 SL No. 71
s 55
(4)
trawl net means any net described in a provision of chapter 7A, part 9 and any other fishing apparatus normally used with it.
Examples of other fishing apparatus—
ground chains or ropes
def trawl net ins 2019 SL No. 71
s 55
(4)
trawl shoe, of a beam, otter board or trawl sled, means the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor.
def trawl shoe ins 2019 SL No. 71
s 55
(4)
trunked, for a fish, means the fish has had its head or tail removed.
try net means an otter or beam trawl net of the following lengths, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish—
(a)
for an otter trawl net—no longer than 10m; or
(b)
for a beam trawl net—no longer than 2.5m.
def try net ins 2019 SL No. 71
s 55
(4)
tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.
unallocated State land see the
Land Act 1994
, schedule 6.
under direction, for an assistant fisher, see section 10 of this schedule.
unit PIN means—
(a)
for line units—
(i)
the unit PIN for the units continued under section 759; or
(ii)
if the unit PIN for the units is changed under section 591ZS, the unit PIN as changed; or
(b)
for SM units—
(i)
the unit PIN for the units continued under section 726; or
(ii)
if the unit PIN for the units is changed under section 588, the unit PIN as changed; or
(c)
for T4-ITQ units—
(i)
the unit PIN for the units issued under section 614F
(a); or
(ii)
if the unit PIN for the units is changed under section 614R, the unit PIN as changed.
def unit PIN sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
unload, for fish, means—
(a)
if the fish have been taken by a commercial fisher and are on a commercial fishing boat—
(i)
moving the fish from the boat, or a transport vessel to which the fish have been transferred, to a vehicle or a place; or
Examples of a place for subparagraph (i)—
a wharf, an enclosed part of Queensland waters used to keep live fish, a place on land
(ii)
moving the boat while the fish are on the boat to a place on land; or
(b)
if the fish have been taken by a recreational fisher and are on a boat—
(i)
moving the fish from the boat to a vehicle or a place on land; or
(ii)
moving the boat while the fish are on the boat to a place on land.
unloaded fish notice—
(a)
for chapter 10, see section 581
(2); or
(b)
for chapter 10A, see section 591ZL
(2); or
(c)
for chapter 11, part 3, division 6, see section 614ZK
(2).
def unloaded fish notice sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
unloading area—
(a)
for chapter 10, part 3, see section 565; or
(b)
for chapter 10A, part 3, see section 591W; or
(c)
for chapter 11, part 3, division 6, see section 614W.
def unloading area sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
unloading particular—
(a)
for chapter 10, part 3, see section 569
(d); or
(b)
for chapter 10A, part 3, see section 591ZA
(d); or
(c)
for chapter 11, part 3, division 6, see section 614ZA
(d).
def unloading particular sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
unnotifiable landing notice—
(a)
for chapter 10, part 3, see section 578
(2); or
(b)
for chapter 10A, part 3, see section 591ZI
(2); or
(c)
for chapter 11, part 3, division 6, see section 614ZH
(2).
def unnotifiable landing notice sub 2014 SL No. 328
s 16
(1)–(2); 2015 SL No. 12
s 31
(4)–(5)
unused entitlement—
(a)
for ITQ units, see section 600P
(2); or
(b)
for line units, see section 591P
(2); or
(c)
for SM units, see section 558
(2); or
(d)
for T4-ITQ units, see section 614I
(2).
def unused entitlement sub 2010 SL No. 35
s 23
(7)–(8)
amd 2014 SL No. 328
s 16
(6)
sub 2015 SL No. 12
s 31
(4)–(5)
usage notice see section 392CL
(2).
def usage notice ins 2019 SL No. 71
s 55
(4)
use—
(a)
a net, includes setting and shooting the net; or
(b)
a trawl net, includes—
(i)
setting and shooting the net; and
(ii)
having the net rigged for fishing.
Example of rigged for fishing for subparagraph (ii)—
having a cod end and ground chains attached
def use sub 2019 SL No. 71
s 55
(3)–(4)
used—
(a)
for a boat, on a fishing or steaming day, see section 392BQ; or
(b)
for effort units, see section 392BP; or
(c)
for an entitlement under an ITQ unit, see section 600P
(1); or
(d)
for an entitlement under a line unit, see section 591P
(1); or
(e)
for an entitlement under a SM unit, see section 558
(1); or
(f)
for an entitlement under a T4-ITQ unit, see section 614I
(1).
def used sub 2010 SL No. 35
s 23
(7)–(8)
amd 2014 SL No. 328
s 16
(7)
sub 2015 SL No. 12
s 31
(4)–(5); 2019 SL No. 71
s 55
(3)–(4)
V ...
def V om 2019 SL No. 71
s 59
sch 1
vessel tracking standard, for chapter 13, part 1B, see section 625E.
def vessel tracking standard ins 2018 SL No. 179
s 24
(1)
sub 2019 SL No. 71
s 55
(3)–(4)
VMS equipment requirement ...
def VMS equipment requirement om 2019 SL No. 71
s 59
sch 1
VMS exemption notice ...
def VMS exemption notice om 2019 SL No. 71
s 59
sch 1
VMS exemption period ...
def VMS exemption period om 2019 SL No. 71
s 59
sch 1
W ...
def W om 2019 SL No. 71
s 59
sch 1
warehouse keeper ...
def warehouse keeper om 2015 SL No. 12
s 31
(4)
waters other than the Gulf of Carpentaria waters ...
def waters other than the Gulf of Carpentaria waters om 2019 SL No. 71
s 59
sch 1
whole weight—
(a)
for an amount of spanish mackerel—see section 11 of this schedule; or
(b)
for an amount of regulated coral reef fin fish—see section 12 of this schedule.
def whole weight sub 2015 SL No. 12
s 31
(4)–(5)
working properly, for chapter 13, part 1B, see section 80
(6) of the Act.
def working properly ins 2019 SL No. 71
s 55
(4)