Fisheries Act 1994Fisheries (General) Regulation 2019Chapter 1PreliminaryPart 1Introduction1Short titleThis regulation may be cited as the Fisheries (General) Regulation 2019.2CommencementThis regulation commences on 1 September 2019.3Application of regulations and declarations(1)This regulation, the Fisheries (Commercial Fisheries) Regulation 2019, the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019—(a)all provide for matters under the Act; and(b)must be read together.
Note—See section 42 of the Act in relation to the relationship between regulations and declarations.(2)This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1), including, for example—(a)the interpretation of particular references; and(b)the authorisation under, and conditions of, an authority.
(3)Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example—(a)the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and(b)the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; andNote—See section 29(4).(c)the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.
Part 2InterpretationDivision 1Definitions4DictionaryThe dictionary in schedule 11 defines particular words used in this regulation.4AAnimals prescribed not to be fish—Act, s 5(1)For section 5(3)(b) of the Act, a relevant protected animal is prescribed not to be a fish.(2)In this section—relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992, other than each of the following animals—(a)Australian lungfish;(b)largetooth sawfish;(c)Mary River cod;(d)redfish;(e)scalloped hammerhead;(f)silver perch.
Note—See also the Nature Conservation (Animals) Regulation 2020, section 66A.s 4A ins 2024 SL No. 196 s 10amd 2025 SL No. 42 s 115Meaning of commercial fisherA commercial fisher is a person who holds a commercial fisher licence.6Meaning 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 other than as follows—(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);
(b)the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition;(c)the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.
(3)For subsection (2)(a)(i), a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip.(4)A person may carry out recreational fishing even if the person—(a)holds an authority that authorises the person to take fish for trade or commerce; or(b)is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a).
(5)However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota.Example—If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.s 6 amd 2024 SL No. 196 s 63 sch 17Meaning of commercial fishing apparatus and recreational fishing apparatus(1)Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus.(2)Recreational fishing apparatus is—(a)a spear or spear gun; or(b)any of the following fishing apparatus to the extent it is 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 lobster loop;(xi)a pyramid trap;(xii)a round trap;(xiii)a scoop net;(xiv)a seine net.
8Meaning 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 other legislation mentioned in section 3(1).(2)A thing is stowed and secured if it is stowed inboard a boat.Division 2Key concepts9References to regulated waters(1)Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019, chapter 2.(2)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.(3)Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.10References to commercial fishery(1)Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019.(2)A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019.(3)Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.11References to licence, permit or quota authority by nameA reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act.Examples—•A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act.•A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act.
12References to licences by fishery symbolsA reference to a fishery symbol followed by the term ‘licence’ is a reference to a primary commercial fishing licence on which the fishery symbol is written.Example—A reference to a C2 licence is a reference to a primary commercial fishing licence on which the fishery symbol ‘C2’ is written.s 12 sub 2020 SL No. 236 s 11613References to primary boat and tender boat and related references(1)A primary boat is a boat identified in a primary commercial fishing licence as the primary commercial fishing boat for the licence.(2)A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a primary commercial fishing licence.(3)In a provision about a primary commercial fishing licence—(a)a reference to the primary boat is a reference to the primary boat for the licence under subsection (1); and(b)a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019, chapter 2, part 4, division 2; and(c)a reference to a primary boat’s tender boat is a reference to a tender boat for the primary commercial fishing licence in which the primary boat is identified; and(d)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 to take fish for trade or commerce.
(4)However, if a tender boat is being used under a primary commercial fishing licence as if it were the primary boat identified in the licence, a reference to a primary boat is taken to be a reference to the tender boat.Note—See the Fisheries (Commercial Fisheries) Regulation 2019, section 32(1)(d) and (4).s 13 amd 2020 SL No. 236 s 117; 2021 SL No. 29 s 17Division 3Other general interpretative provisions14References 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.15References 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 in a year and ending at midday on 1 February in the following year.•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 following day.•A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following 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.
15AReferences relating to fishing operations(1)A fishing operation starts and ends as follows—(a)a fishing operation, other than a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery, involving using a boat to take fish other than by using a seine net—(i)starts when the boat leaves a landing place to carry out fishing; and(ii)ends when the boat stops being used for fishing and lands;
(b)a fishing operation in the beachworm fishery, bloodworm fishery or marine yabby fishery involving using a boat to take fish other than by using a seine net—(i)starts when the commercial fisher in control of the fishing operation arrives at the place from which fish are to be taken; and(ii)ends when the commercial fisher stops taking fish and leaves the place;
(c)a fishing operation involving using a boat to take fish using a seine net—(i)starts when the boat enters a beach or foreshore to carry out fishing; and(ii)ends when the boat stops being used for fishing and leaves the beach or foreshore;
(d)a fishing operation not involving using a boat to take fish—(i)starts when the commercial fisher in control of the fishing operation, or an assistant fisher under direction of the commercial fisher, arrives at the place from which fishing is to be carried out; and(ii)ends when the commercial fisher or assistant fisher stops fishing and leaves the place.
(2)A day of a fishing operation—(a)is each 24 hour period between when the fishing operation starts and when the fishing operation ends; and(b)if the fishing operation ends before a 24-hour period mentioned in paragraph (a) ends, includes the remaining part of that 24-hour period.
(3)An outside fishing operation day, for a primary commercial fishing licence—(a)is each 24 hour period after the first midnight after a fishing operation under the licence ends; and(b)if another fishing operation under the licence starts before a 24-hour period mentioned in paragraph (a) ends, does not include the part of that 24-hour period after the other fishing operation starts.
s 15A ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38(1)–(3))15BMeaning of commercial fisher in control of a fishing operationThe commercial fisher in control, of a fishing operation conducted in a commercial fishery under a primary commercial fishing licence, is the commercial fisher whom the holder of the licence has allowed, under the Fisheries (Commercial Fisheries) Regulation 2019, section 32, to act under the licence to take fish, or use a primary boat to take fish, in the fishery.s 15B ins 2020 SL No. 236 s 18615CReferences to lands a boat and a landing place for a boat(1)A boat lands when it is brought to a landing place for a boat.(2)A landing place for a boat is a place at which the boat may be landed, including, for example, a marina berth, mooring or wharf.s 15C ins 2020 SL No. 236 s 186 (amd 2021 SL No. 29 s 38(4))15DReferences to lands a fish and a landing place for fish taken without a boat(1)A fish taken without using a boat lands when the fish is brought to a landing place for fish taken without using a boat.(2)A landing place for fish taken without using a boat is a place where the fish can be brought to shore.s 15D ins 2020 SL No. 236 s 18616References relating to fishSchedule 7 provides for the interpretation of references to, or relating to, particular species of fish, including, for example—(a)the scientific names for the species of fish; and(b)the interpretation of references to a stock of fish.
17References relating to waters or areasSchedule 8 provides for the interpretation of references to, or relating to, particular waters or areas, including, for example—(a)matters about working out boundaries of particular waters or areas; and(b)the meaning of particular types of waters or areas or references to particular types of waters or areas.
18References relating to boatsSchedule 9 provides for the interpretation of references to, or relating to, boats, including, for example, working out a boat’s dimensions and hull units and the boat engine’s maximum continuous brake kW.19References relating to fishing apparatusSchedule 10 provides for the interpretation of references to, or relating to, particular fishing apparatus, including, for example—(a)the meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and(b)how to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.
Division 4Meaning of aquaculturech 1 pt 2 div 4 hdg ins 2020 SL No. 236 s 6419ACultivation of live fisheries resources for sale that is not aquaculture—Act, sch 1, definition aquacultureFor schedule 1 of the Act, definition aquaculture, the following circumstances are prescribed—(a)maintaining live fisheries resources taken under an authority before sale if—(i)the maintenance does not involve breeding or enhancing the development of the resources; and(ii)the fisheries resources are not released into Queensland waters;
(b)cultivating live fish taken under an A1 or A2 licence before sale if—(i)the cultivation does not involve breeding the fish; and(ii)the fish are not released into Queensland waters;
(c)cultivating live fish taken under a D licence before sale if—(i)the cultivation does not involve propagation, other than by fragmentation, of the fish; and(ii)the fish are not released into Queensland waters;
(d)maintaining live fisheries resources in a retail outlet for sale if the fisheries resources are not released into Queensland waters.
s 19A ins 2020 SL No. 236 s 64Part 3Prescribed acts for which authority required20Prescribed acts—Act, s 82For section 82 of the Act, schedule 1 prescribes—(a)each act that must only be done by the holder of an authority; and(b)persons who have authority under the Act to do the act.
Part 4Defence for Aboriginal people or Torres Strait Islander peoplech 1 pt 4 hdg amd 2024 SL No. 196 s 63 sch 121Prescribed fishing apparatus—Act, s 14(1)For section 14(3) of the Act, definition prescribed fishing apparatus, paragraph (b), a fish trap is prescribed.(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.22Prescribed waters—Act, s 14For section 14(3) of the Act, definition prescribed waters, paragraph (b), the following regulated waters are prescribed—•Barron River (fishing)•Bizant River, Princess Charlotte Bay•Burnett River Barrage•Centenary Lakes, Cairns•Coombabah Lake and Coombabah Creek•Fitzroy River Barrage•Hook Island (fishing)•Keppel Bay (fishing)•Kolan River Barrage•Mary River Barrage•Swan Bay•Tinana Creek Barrage•Wolf Rock (grey nurse shark protection area)•Yanks Jetty at Orpheus Island.
Chapter 2AuthoritiesPart 1General mattersDivision 1Authorities that may be issued23Purpose of divisionThis division states the types of licences, permits and quota authorities the chief executive may issue under section 49 of the Act.24Types of licencesThe chief executive may issue a licence of any of the following types—(a)a primary commercial fishing licence;(b)a commercial fisher licence;(c)a charter fishing licence.
s 24 sub 2020 SL No. 236 s 11825Types of permitsThe chief executive may issue a permit of any of the following types—(a)a developmental fishing permit;(b)an indigenous fishing permit;(c)a stocked impoundment permit;(d)a filleting permit for an RQ licence or SM licence;(e)a permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes—(i)education;(ii)research;(iii)environmental protection;(iv)public health or safety;(v)indigenous fishing;(vi)fish salvage;(vii)fish stocking;(viii)broodstock or culture stock collection;(ix)trialling alternative commercial apparatus or fishing activities.
s 25 amd 2020 SL No. 236 s 6526Types of quota authorities(1)The following are the types of quota authorities the chief executive has issued under the Act—(a)T1 effort units and T2 effort units;Note—Schedule 2A provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.(b)SM units;(c)CT line units, OS line units and RTE line units;(d)C2-ITQ units;(e)T4-ITQ units.
(2)Also, the chief executive may issue the following types of quota authorities under the Act—(a)effort units for the Moreton Bay trawl region;(b)GM5-ITQ units, SCM5-ITQ units and WT5-ITQ units;Note—The quota authorities mentioned in this paragraph are collectively known as ENL-ITQ units.(c)BC1-ITQ units, EC1-ITQ units and GC1-ITQ units;Note—The quota authorities mentioned in this paragraph are collectively known as C1-ITQ units.(d)B1B-ITQ units, B1W-ITQ units, B1O-ITQ units, DS-ITQ units, DO-ITQ units, G-ITQ units, J1-ITQ units or R-ITQ units;Note—The quota authorities mentioned in this paragraph are collectively known as hand-harvest ITQ units.(e)DS22-ITQ units, DS23-ITQ units, DS28-ITQ units, DS36-ITQ units, DS39-ITQ units, DS48-ITQ units or DS74-ITQ units.Note—The quota authorities mentioned in this paragraph are collectively known as select coral ITQ units.
s 26 amd 2020 SL No. 236 s 66; 2023 SL No. 44 s 18; 2023 SL No. 194 s 35Division 2General restrictions on issue of authorities27Use of bottom set line in Gulf of Carpentaria waters must not be authorisedThe chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.28Only particular authorities may authorise particular activitiesThe chief executive may issue an authority authorising an activity mentioned in column 1 of the following table only of a type mentioned opposite the activity in column 2—ActivityType of authority that may be issued
remove, destroy or damage dead marine wood on unallocated State land for trade or commerceresource allocation authority
carry out development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d), in a declared fish habitat arearesource allocation authority
take freshwater fish from a prescribed stocked impoundment using a fishing linestocked impoundment permit or general fisheries permit
release aquaculture fisheries resources into Queensland watersgeneral fisheries permit
Division 3Authorisation under authorities generally29Activities authorised under authority(1)This section states particular matters about what an authority authorises under section 52 of the Act.(2)An authority authorises the carrying out of an activity stated—(a)in the authority; or(b)in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.
(3)The authorisation is subject to the conditions—(a)stated in the authority; or(b)prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.
(4)Also, the authorisation, including the conditions to which it is subject under subsection (3), is subject to any provision of the Fisheries Declaration 2019 that—(a)prohibits the carrying out of the activity; or(b)prohibits the carrying out of the activity in particular circumstances; or(c)otherwise imposes a restriction on how the activity may be carried out.
30When a person is carrying out activity under an authorityA person carries out an activity under an authority only if—(a)the authority authorises the carrying out of the activity under section 29; and(b)the person is the holder of the authority or another person authorised to carry out the activity under the authority; and(c)the person carries out the activity in accordance with the conditions mentioned in section 29(3), and the provisions mentioned in section 29(4), to which the authorisation is subject.
Part 2Licencesch 2 pt 2 hdg sub 2020 SL No. 236 s 119Division 1Primary commercial fishing licencech 2 pt 2 div 1 hdg sub 2020 SL No. 236 s 11931Restrictions on issue of licence(1)The chief executive may issue a primary commercial fishing licence that identifies a primary commercial fishing boat only if the boat—(a)is a domestic commercial vessel; and(b)is not already identified as a primary commercial fishing boat in another primary commercial fishing licence.
(2)Only 1 boat may be identified as the primary commercial fishing boat in a primary commercial fishing licence.s 31 sub 2020 SL No. 236 s 11932Deciding number of tender boats for licence(1)If the chief executive decides to issue a primary commercial fishing licence, the chief executive must decide the number (the authorised number) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence.(2)Subsection (1) does not apply to the fishery symbol ‘E’, ‘F’, ‘G’, ‘H’, ‘JE’, ‘O’, ‘P’, ‘W1’, ‘W2’ or ‘Y’.(3)The authorised number may be zero or a particular number.(4)However, the authorised number must not be more than—(a)for the fishery symbol ‘A1’, ‘A2’, ‘D’ or ‘L3’—1; or(b)for the fishery symbol ‘B1’ or ‘J1’—4; or(c)for the fishery symbol ‘R’—8; or(d)for another fishery symbol—7.
(5)For the fishery symbol ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘RQ’, ‘SM’ or ‘R’, the chief executive must state the authorised number of tender boats for the fishery symbol, in brackets, immediately after the fishery symbol.(6)The chief executive must give the holder of the licence an information notice for a decision under this section.s 32 sub 2020 SL No. 236 s 119amd 2021 SL No. 29 s 1833Authorisation and conditionsThe Fisheries (Commercial Fisheries) Regulation 2019 provides for—(a)the authorisation under a primary commercial fishing licence; and(b)conditions applying to a primary commercial fishing licence.
s 33 sub 2020 SL No. 236 s 11934Particular licences not transferableThe following primary commercial fishing licences are not transferable—(a)a licence on which the fishery symbol ‘E’ is written;(b)a licence on which the fishery symbol ‘NX’ is written.
s 34 sub 2020 SL No. 236 s 119; 2023 SL No. 194 s 36Division 2Commercial fisher licencech 2 pt 2 div 2 hdg sub 2020 SL No. 236 s 11935Restriction on issue of licenceThe chief executive may issue a commercial fisher licence to a person only if the person—(a)is at least 18 years of age; and(b)has knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries.
s 35 sub 2020 SL No. 236 s 11936Authorisation and conditionsThe Fisheries (Commercial Fisheries) Regulation 2019 provides for—(a)the authorisation under a commercial fisher licence; and(b)conditions applying to a commercial fisher licence.
s 36 sub 2020 SL No. 236 s 11937Licence not transferableA commercial fisher licence is not transferable.s 37 sub 2020 SL No. 236 s 119Division 3Charter fishing licencech 2 pt 2 div 3 hdg sub 2020 SL No. 236 s 11938Authorisation(1)The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters.(2)The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence.(3)A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1).s 38 sub 2020 SL No. 236 s 11939Condition about taking maray or Australian sardinesIt 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—(a)for a purpose other than use as bait for fishing during the trip; or(b)in a way that contravenes the Fisheries Declaration 2019, chapter 4, part 4.
s 39 sub 2020 SL No. 236 s 119Division 4ch 2 pt 2 div 4 hdg om 2020 SL No. 236 s 11940s 40 om 2020 SL No. 236 s 11941s 41 om 2020 SL No. 236 s 11942s 42 om 2020 SL No. 236 s 11943s 43 om 2020 SL No. 236 s 119Division 5ch 2 pt 2 div 5 hdg om 2020 SL No. 236 s 11944s 44 om 2020 SL No. 236 s 11945s 45 om 2020 SL No. 236 s 119Part 3PermitsDivision 1Restrictions on issue of particular permits46Possessing or using purse seine net must not be authorisedThe chief executive must not issue a permit authorising 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).
47Restriction on authorising taking or possessing of maray or Australian sardines(1)The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce.(2)Subsection (1) does not apply if—(a)the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following—(i)to use as bait for fishing under a primary commercial fishing licence or commercial fisher licence held by the holder of the permit;(ii)to use as food for display fish;(iii)for research; or
(b)the permit is a replacement for a permit mentioned in subsection (1).
s 47 amd 2020 SL No. 236 s 124 sch 248Restriction on authorising taking or possessing of freshwater fish(1)The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce.(2)Subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.49Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit(1)The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters.(2)Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1).50Maximum term of general fisheries permitThe chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years.51Restriction on authorising taking of fish in particular regulated waters under general fisheries permitThe chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession 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 or safety.
51ARestriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permitThe chief executive must not issue a general fisheries permit authorising the taking or possession of regulated coral reef fin fish in coral reef fin fish waters in a regulated period mentioned in the Fisheries Declaration 2019, section 23.s 51A ins 2020 SL No. 236 s 6752Restriction on authorising use of particular nets in particular regulated waters under general fisheries permitThe chief executive must not issue a general fisheries permit authorising a commercial fisher to use a cast net, mesh net, seine net or set pocket net to take fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019, section 65(1).Division 2Authorisations under particular permits53Developmental fishing permitThe holder of 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 identified in the permit;(b)buy, use and possess fishing apparatus to carry out the assessment;(c)take, possess and process fish taken for carrying out the assessment;(d)sell the fish taken for carrying out the assessment.
54Indigenous fishing permitThe holder of 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 fishery identified in the permit;(b)buy, use and possess fishing apparatus to carry out the assessment;(c)take, possess and process fish taken for carrying out the assessment;(d)sell the fish taken for carrying out the assessment.
55Stocked impoundment permitThe holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.56Filleting permit(1)The holder of a filleting permit for an RQ licence, and anyone else identified in the permit, may fillet regulated coral reef fin fish identified in the permit but only on board the primary boat for the RQ licence.(2)The holder of a filleting permit for an SM licence, and anyone else identified in the permit, may fillet spanish mackerel but only on board the primary boat for the SM licence.s 56 sub 2020 SL No. 236 s 68Division 3Conditions applying to particular permits57General 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 2.Part 4Quota authoritiesDivision 1Restrictions on issuech 2 pt 4 div 1 hdg ins 2020 SL No. 236 s 6958Restriction on further issue of particular quota authorities(1)The chief executive must not issue any new—(a)T1 effort or T2 units; or(b)SM units; or(c)CT line units, OS line units or RTE line units; or(d)C2-ITQ units; or(e)T4-ITQ units.
(2)However, the chief executive must convert T1 effort units and T2 effort units into effort units for a trawl region under schedule 2A, part 1.s 58 amd 2020 SL No. 236 s 7058AIssue of effort units for the Moreton Bay trawl region(1)The chief executive must issue effort units for the Moreton Bay trawl region under schedule 2A, part 2.(2)The chief executive must not issue any effort units for the Moreton Bay trawl region after 31 August 2021.s 58A ins 2020 SL No. 236 s 7158BIssue of ENL-ITQ units(1)The chief executive must issue ENL-ITQ units under schedule 2B.(2)The chief executive must not issue any ENL-ITQ units after 31 August 2021.s 58B ins 2020 SL No. 236 s 7158CIssue of C1-ITQ units(1)The chief executive must issue C1-ITQ units under schedule 2C.(2)The chief executive must not issue any C1-ITQ units after 31 August 2021.s 58C ins 2020 SL No. 236 s 7158DIssue of hand-harvest ITQ units(1)The chief executive must issue hand-harvest ITQ units under schedule 2D.(2)The chief executive must not issue any hand-harvest ITQ units after 31 August 2021.s 58D ins 2020 SL No. 236 s 7158EIssue of select coral ITQ units(1)The chief executive must issue select coral ITQ units under schedule 2E.(2)The chief executive must not issue any select coral ITQ units after 30 June 2023.s 58E ins 2023 SL No. 44 s 19Division 2Authorisation and conditionsch 2 pt 4 div 2 hdg ins 2020 SL No. 236 s 7159Authorisation under and conditions of quota authorityThe Fisheries (Commercial Fisheries) Regulation 2019 provides for—(a)the authorisation under a quota authority; and(b)conditions applying to a quota authority.
Part 5Resource allocation authorities60Meaning of prescribed development purpose for declared fish habitat areaA prescribed development purpose, for a declared fish habitat area, is 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 the 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 in the area; or(ii)depositing material for beach replenishment in the area for the purpose of erosion control.
61Restriction on issue of particular resource allocation authorities(1)The chief executive may issue a resource allocation authority for 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)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.
62Authorisation under resource allocation authority(1)The holder of a resource allocation authority 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 are 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.
Part 6Criteria for suspending or cancelling particular authorities63Application of partFor section 68B(3)(b)(i) of the Act, this part prescribes criteria for the suspension or cancellation of particular authorities.64Counting convictions(1)In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence.(2)Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.s 64 amd 2023 Act No. 23 s 247 sch 1 s 1765Criteria for suspending or cancelling particular licences(1)This section applies in relation to a primary commercial fishing licence or commercial fisher licence held by a person.(2)An appropriate period of suspension may be—(a)for the person’s first conviction—3 months to 1 year; or(b)for the person’s second conviction—6 months to 3 years; or(c)for the person’s third or later conviction—1 year to 5 years.
(3)Cancellation of the person’s licence may be appropriate for the person’s third or later conviction.s 65 sub 2020 SL No. 236 s 12066Criteria for suspending effort units(1)This section applies in relation to effort units for a trawl region held by a person.(2)An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent 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 65.Example for subsection (2)—A holds effort units for a trawl region and a primary commercial fishing licence associated with the effort units. 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 would entitle A to use the primary boat under the licence for 3 months to 1 year.s 66 amd 2020 SL No. 236 s 18767Criteria for suspending or cancelling SM units(1)This section applies in relation to SM units held by a person.(2)An appropriate suspension may be—(a)if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—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)otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.
(3)An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.68Criteria for suspending line units(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year—(a)the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or(b)an RQ fishery licence held by the person is suspended.
(2)An appropriate suspension may be—(a)for subsection (1)(a)—suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or(b)for subsection (1)(b)—suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.
69Criteria for cancelling line units(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight).(2)An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.70Criteria for suspending T4-ITQ units(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year—(a)the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or(b)a T4 fishery licence held by the person is suspended.
(2)An appropriate suspension may be—(a)for subsection (1)(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 (1)(b)—suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.
71Criteria for cancelling T4-ITQ units(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).(2)An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.Part 7Other provisions about authoritiesDivision 1Miscellaneous offences72Obstructing 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, an assistant fisher or someone else acting under an authority, from taking the fish.Maximum penalty—20 penalty units.Division 2Register of authorities73Particulars to be contained in register—Act, s 73For section 73(2) of the Act, the following particulars about each authority issued by the chief executive are prescribed—(a)the category, type and number of the authority;(b)the fishery symbols, if any, written on the authority;(c)the 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 quota authorities held by the person; and(iii)if conditions have been imposed on any of the quota authorities—the conditions; and(iv)if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;
(h)for an M2 licence—(i)the boat mark for the primary boat identified in the licence; and(ii)the boat’s hull units, breadth, depth and length; and(iii)the boat’s main engine power in maximum continuous brake kW.
s 73 amd 2020 SL No. 236 s 82 sch 1, s 124 sch 274Holder to notify chief executive of particular changes—Act, s 73For section 73(3) of the Act, the following changes in circumstances are prescribed—(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.
Division 3Other matters75Authorities that continue after holder’s death—Act, s 70CFor section 70C(1) of the Act, the following types of authorities are prescribed—(a)a licence other than a commercial fisher licence;(b)a quota authority;(c)a resource allocation authority.
s 75 amd 2020 SL No. 236 s 72; 2021 SL No. 29 s 1976Activities for which inspectors may have an authorityAn 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 prescribed stocked impoundment by using a fishing line; or(e)performing the inspector’s functions.
s 76 amd 2021 SL No. 29 s 20Chapter 3Declared fish habitat areasPart 1Declaration of fish habitat areas77Fish habitat area plans(1)A plan stated in schedule 3, column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column.(2)A copy of each fish habitat area plan is—(a)available for inspection, free of charge, by arrangement with the chief executive; and(b)published on the department’s website.
(3)Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.(4)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.
78Areas declared to be fish habitat areas(1)Each area mentioned in schedule 3, column 1 is declared to be a fish habitat area.(2)The fish habitat area—(a)includes—(i)the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as included in the declared fish habitat area; and
(b)excludes—(i)the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as excluded from the declared fish habitat area; and(iii)the area of a channel marked by aids to navigation.
(3)Also, land that is not unallocated State land or national park land is included in a fish habitat area only if—(a)the land is within an area mentioned in subsection (2)(a) for the fish habitat area; and(b)the fish habitat area plan for the fish habitat area, or schedule 3, column 2, specifically states that the land is included in the fish habitat area.
79Particular 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.Part 2Prohibited activities80Person 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.81Person 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 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’.Note—The code is— (a)available for inspection, free of charge, by arrangement with the chief executive; and (b)published on the department’s website.
pest means—(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or(b)biosecurity matter under the Biosecurity Act 2014 that is—(i)controlled biosecurity matter under section 124(1) of that Act; or(ii)regulated biosecurity matter under section 128(1)(a) of that Act; or
(c)another pest or disease declared under a law of the State, the Commonwealth or another State.
Chapter 4Matters prescribed for particular offences under the ActPart 1Vessel trackingDivision 1Preliminary82Definitions for partIn this part—landing place ...s 82 def landing place om 2020 SL No. 236 s 188malfunction see section 80(6) of the Act.relevant authority see section 83(1).relevant boat, for a relevant authority, means a boat prescribed for the authority by section 83(2).relevant period means the period prescribed by section 85.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, free of charge, by arrangement with the chief executive.working properly see section 80(6) of the Act.Division 2General matters83Authorities and boats in relation to which requirements apply(1)Section 80 of the Act applies in relation to each primary commercial fishing licence (a relevant authority) that has any of the following symbols written on it—•‘A1’ or ‘A2’•‘B1’•‘C1’, ‘C2’ or ‘C3’•‘D’•‘J1’•‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’•‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’•‘M1’ or ‘M2’•‘N3’, ‘N10’, ‘N11’, ‘N12’, ‘N13’, ‘N15’ or ‘NX’•‘R’•‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.
(2)For section 80 of the Act, each of the following boats is prescribed for a relevant authority (and under section 80(1)(b) of the Act is a relevant boat for the authority)—(a)the primary boat for the relevant authority; and(b)each tender boat with an engine power of more than 3kW authorised under the Act to be used under the relevant authority.
s 83 amd 2019 SL No. 180 s 4; 2020 SL No. 236 s 121; 2023 SL No. 194 s 3784Way equipment must be installedFor section 80(2)(a) of the Act, the way for installing approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.85Periods 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) or (3), is prescribed.(2)If the relevant boat is a boat other than a tender boat, the period the relevant boat is used under the authority—(a)starts when the fishing operation in which the boat is used starts; and(b)ends when the fishing operation in which the boat is used ends.
(3)If the relevant boat is a tender boat, the period the relevant boat is used under the authority starts and ends at the same times as the start and end of the period the tender boat’s primary boat is used under the authority.s 85 amd 2019 SL No. 180 s 5; 2020 SL No. 236 s 189Division 3Requirements if equipment malfunctionsSubdivision 1Preliminary86Purpose 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—(a)if the relevant boat is a boat other than a tender boat—(i)the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the boat; and(ii)subdivision 3 is complied with; and
(b)if the relevant boat is a tender boat—subdivision 4 is complied with.
s 86 amd 2019 SL No. 180 s 687Definition for divisionIn this division—approved way, for giving a notice to the chief executive, means the way—(a)approved by the chief executive; and(b)published on the department’s website.
88When person in control of a boat is aware of malfunction(1)For this division, 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.
(2)Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.89Notices given by chief executive or inspector under divisionThe 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 subdivision 2.
Subdivision 2Alternative way of communication89AApplication of subdivisionThis subdivision applies if the relevant boat is a boat other than a tender boat.s 89A ins 2019 SL No. 180 s 790Notice of alternative way(1)The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after 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.91Changing alternative way(1)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.(2)A notice given to the chief executive under subsection (1) must be given in the approved way.(3)However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.Subdivision 3Manual reporting and landing requirements for boats other than tender boatsch 4 pt 1 div 3 hdg amd 2019 SL No. 180 s 892Application of subdivisionThis subdivision applies if the person in control of a relevant boat, other than a tender 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.s 92 amd 2019 SL No. 180 s 993Manual 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 earliest of the following happens—(a)the relevant boat is taken to a landing place under section 94 or 95;(b)the relevant period ends;(c)the approved vessel tracking equipment stops malfunctioning.
94Requirement to take relevant boat to landing place—boat used under particular authority in particular 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—•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.
95Requirement to take relevant boat to landing place—other circumstances(1)This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat.(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.
96Further requirement if relevant boat taken to landing place(1)This section applies if the relevant boat is taken to a landing place under section 94 or 95.(2)The person in control of the boat must not cause or allow the boat to be used for fishing unless the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.s 96 amd 2019 SL No. 180 s 10Subdivision 4Requirements for tender boatsch 4 pt 1 div 3 hdg ins 2019 SL No. 180 s 1196AApplication of subdivisionThis subdivision applies if the person in control of a relevant boat that is a tender 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.s 96A ins 2019 SL No. 180 s 1196BRequirement to stop fishing (1)The person in control of the relevant boat must—(a)stop the use of fishing apparatus from the boat; and(b)attach the boat to its primary boat; and(c)ensure the boat remains attached to its primary boat, and is not used for fishing, for the remaining part of the relevant period.
(2)Subsection (1)(c) stops applying to the person if the chief executive gives the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly.s 96B ins 2019 SL No. 180 s 11Part 2Other matters97Commercial quantity of priority fishFor section 89 of the Act, definition commercial quantity, the quantity prescribed for each priority fish is—(a)the number or volume stated opposite the fish in schedule 4, part 1; or(b)if a number is stated opposite the fish in schedule 4, part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4, part 1.
98Circumstances in which non-indigenous fisheries resources may be released—Act, s 90For section 90(2) of the Act, the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4, part 2, column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.Chapter 5Information requirementsPart 1Preliminary99Purpose of chapterThis chapter prescribes information requirements for section 118 of the Act.100Definitions for chapterIn this chapter—relevant authority means—(a)a charter fishing licence; or(b)an authority, other than a primary commercial fishing licence or commercial fisher licence, that authorises the holder of the authority to—(i)take or possess fish for trade or commerce; or(ii)use a boat to take or possess fish for trade or commerce.Note—See the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5 for conditions about keeping logbooks applying to primary commercial fishing licences and commercial fisher licences.
s 100 def relevant authority amd 2020 SL No. 236 s 124 sch 2sub 2020 SL No. 236 s 190relevant period—(a)for part 2—see section 101(b); or(b)for part 3—see section 105(b).
relevant person, for part 3, see section 105(c).Part 2Person other than authority holder in control of a boat101Application of partThis part 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 a boat under the authority; and(b)the 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 under the authority; and(c)another person is in control of the boat during the relevant period.
102Authority holder to provide approved formThe 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 boat during the relevant period by—(a)giving the form personally to the person; or(b)ensuring the form is left on the boat and telling the person where the form has been left.
103Person in control to keep approved form(1)The person in control of the boat during the relevant period must—(a)keep the approved form for the relevant period; and(b)ensure the approved form is available for immediate inspection during the relevant period.
(2)Subsection (1)(b) does not apply if—(a)the 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.
104Person in control to return approved formThe person in control of the boat during the relevant period must, at the end of the relevant period, give the approved form to the holder of the relevant authority by—(a)giving the form personally to the holder; or(b)ensuring the form is left on the boat and telling the holder where the form has been left.
Part 3Person other than authority holder fishing under authority105Application of partThis part 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 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.
106Holder to provide approved formThe holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.107Relevant person to keep approved formThe relevant person must—(a)keep the approved form for the relevant period; and(b)ensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.
108Relevant person to return approved formThe relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends. Part 4Wholesale sale of fisheries resourcesch 5 pt 4 hdg sub 2020 SL No. 236 s 191Division 1Preliminarych 5 pt 4 div 1 hdg sub 2020 SL No. 236 s 191109Application of partThis 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.
s 109 sub 2020 SL No. 236 s 191110Definitions for partIn this part—buyer see section 109(a).quantity particulars, for a species of fish, means—(a)for sea cucumber—(i)the number of containers containing the sea cucumber; and(ii)the weight of the sea cucumber; or
(b)for mud crab—(i)the number of the mud crab; and(ii)the weight of the mud crab; or
(c)for red champagne lobster or tropical rocklobster—(i)the number of whole lobster; and(ii)the number of lobster tails; and(iii)the weight of the lobster; or
(d)for 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)trunked;(v)another form; or
(e)for fin fish that are alive—(i)the number of the fish; and(ii)the weight of the fish; or
(f)for fish of another species—the weight of the fish.
sale docket see section 111(1).sale particulars, for the sale of fisheries resources, means 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 sale is the first time the fisheries resources are sold and a commercial fisher took the fish—(i)the licence number of the commercial fisher licence held by the commercial fisher; and(ii)the licence number of the primary commercial fishing licence under which the fish were taken;
(e)if the sale is the first time the fisheries resources are sold and 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 neither paragraph (d) nor (e) applies in relation to the sale—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;(i)if the date of the sale is different to the date the fish leave the seller’s physical possession—the date the fish leave the seller’s physical possession;(j)the quantity particulars for each individual species of fish sold;(k)the form in which the fisheries resources are sold.Examples of forms of fish for paragraph (k)—live, whole, or in fillets
seafood food safety scheme means the seafood scheme under the Food Production (Safety) Regulation 2014, chapter 7.seller see section 109(a).s 110 sub 2020 SL No. 236 s 191Division 2Requirementsch 5 pt 4 div 2 hdg sub 2020 SL No. 236 s 191111Docket for sale to be given(1)The seller must give the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) signed by the seller that contains the sale particulars for the sale of the fisheries resources.(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 sale particulars—signs the sale docket.
(3)Also, the seller and buyer comply with subsection (1) if—(a)the seller is the commercial fisher who took the fish; and(b)the seller gives the buyer a copy of the catch disposal record made by the seller under the Fisheries (Commercial Fisheries) Regulation 2019, section 163(1) for the fish.
(4)If subsection (3) applies, the copy of the catch disposal record is taken to be a sale docket for the sale.s 111 sub 2020 SL No. 236 s 191112Seller to keep docketThe seller must keep a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the seller stops possessing the resources.s 112 sub 2020 SL No. 236 s 191113Seller to give copy of record or docket with consignmentIf the seller consigns fisheries resources to the buyer, the seller must ensure the consignment is accompanied by a copy of the sale docket for the sale of the resources.s 113 sub 2020 SL No. 236 s 191114Buyer to keep docket(1)The buyer must keep the sale docket for the sale of the fisheries resources 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 the sale docket or a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the buyer stops possessing the resources.s 114 sub 2020 SL No. 236 s 191Part 5Processing abalone115Application of partThis part applies to a person carrying on the business of processing abalone.116Definition for partIn this part—processing, abalone, includes doing any of the following to the abalone—(a)shelling;(b)filleting;(c)cooking;(d)preserving;(e)packing.
117Processor to keep record of processing(1)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)each 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.
(2)The person must keep the record for 5 years after the day the abalone are processed.Part 6Particular acts involving spanish mackerel or regulated coral reef fin fish118Application of partThis part applies in relation to the following fish (relevant fish)—(a)spanish mackerel;(b)regulated coral reef fin fish.
119Buyer to keep record of 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 111.(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.120Person who takes fish outside particular fishery areas to keep record of taking(1)This section applies if a person—(a)takes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries—(i)the line fishery (other than Great Barrier Reef region);(ii)the line fishery (reef);(iii)the line fishery (multiple hook—east coast);(iv)the spanish mackerel commercial fishery; 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.121Person transporting fish to keep record of consignment(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 113.(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.
122Person storing fish to keep record of storage(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.
Part 7AIVR system123Person using AIVR system to keep record of transaction numberA 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.Note—See section 128 in relation to transaction numbers given when the AIVR system is not working properly or at all.Chapter 6Other matters relating to fisheries managementPart 1Automated interactive voice response system124Chief executive must establish and operate AIVR systemThe 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.
125Requirements 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.
126Record kept by AIVR system is evidence of particular informationA 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.127Transaction number given by AIVR system is evidence of transactionA transaction number given by the AIVR system for a transaction is evidence of the transaction.128Procedure if AIVR system not working properly(1)This section applies if—(a)a person (the user) is required or permitted under the Act to give or obtain information, or change a fisher PIN, 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) stating 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 2Compliance, enforcement and administration of Act129Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offenceFor schedule 1 of the Act, definition serious fisheries offence, paragraph (c), a fisheries offence constituted by any of the following in relation to a commercial fishery is prescribed—(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 129 sub 2020 SL No. 236 s 73130Prescribed matters for evidentiary certificates—Act, s 184For section 184(4)(g) of the Act, the following matters are prescribed—(a)information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5;(b)a summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5 or the Fisheries (Commercial Fisheries) Regulation 2019, chapter 5.
s 130 amd 2020 SL No. 236 s 192131Matters about seizure of fisheries resources—Act, s 154For section 154 of the Act—(a)fish of a species of regulated fish are declared to be fisheries resources to which the section applies; and(b)the offences against sections 77 and 78 of the Act are declared to be offences to which the section applies; and(c)the percentage prescribed for fish that are declared fisheries resources is—(i)if the Fisheries Declaration 2019, schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or(ii)otherwise—5%.
132Persons who may be appointed as inspectorsFor section 140(1)(d) of the Act, the following persons are prescribed—(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.
133Prescribed 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 under the Public Service Act 2008, section 24;(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 prescribed stocked impoundment by using a fishing line.s 133 amd 2021 SL No. 29 s 21Part 3Accepted development requirements134Purpose of partThis part states accepted development requirements for fisheries development under section 32 of the Act.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.135Accepted development requirementsThe requirements for fisheries development mentioned in column 1 are the accepted development requirements stated in the document mentioned in column 2 opposite the development—Column 1Column 2
Fisheries developmentDocument stating accepted development requirements
material change of use of premises for aquaculturedocument called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive
operational work for constructing or raising waterway barrier worksdocument called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive
operational work within a declared fish habitat areadocument 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
removal, destruction or damage of marine plantsdocument called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive
136Documents stating accepted development requirements available for inspectionA document mentioned in section 135 is—(a)available for inspection, free of charge, by arrangement with the chief executive; and(b)published on the department’s website.
Part 4FeesDivision 1Fees for resource allocation authoritiesch 6 pt 4 div 1 hdg amd 2024 SL No. 196 s 11137Assessment fees(1)Schedule 5 states the fees payable for a resource allocation authority.(2)For schedule 5, an application for a resource allocation authority requires a level 1, 2, 3, 4 or 5 assessment if the chief executive considers the application will reasonably require that 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 137 amd 2024 SL No. 196 s 12Division 2Other fees138Definition for divisionIn this division—holder, of a licence or other authority, does not include a person who holds the licence or other authority because of a temporary transfer.139Fees generally(1)The fees payable under the Act, other than the fees payable under division 1, are stated in schedule 6.(2)An amount of a fee stated in schedule 6 that is not paid as required under this division may be recovered by the State as a debt.140General matters about fees for a licence, fishery symbol or quota authority(1)A fee stated in schedule 6, part 1 for a licence—(a)is in addition to any fee payable under schedule 6, part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and(b)is payable by the holder of the licence.
(2)A fee stated in schedule 6, part 2 for a fishery symbol—(a)is an annual fee; and (b)is for each fishery symbol of that type written on a licence; and(c)if the fee includes a reference to a unit or area—is for each unit or area to which the fishery symbol relates; and(d)is payable by the holder of the licence.
(3)A fee stated in schedule 6, part 2 for a quota authority—(a)is an annual fee; and(b)is for each quota authority of that type held by the holder of the authority; and(c)is payable by the holder of the authority.
141Additional provision about annual fees for a licence, fishery symbol or quota authority(1)This section applies to—(a)an annual fee for a licence stated in schedule 6, part 1; and(b)a fee for a fishery symbol or quota authority stated in schedule 6, part 2.
(2)The fee is payable for a financial year—(a)in full before the start of the financial year; or(b)for a licence stated in schedule 6, part 1—in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with—(i)1 payment before the start of the financial year; and(ii)the other payment at least 6 months before the end of the financial year.
(3)If the licence, fishery symbol or quota authority is issued or transferred to a person during a financial year, subsection (2) applies in relation to that financial year as if—(a)a reference to the start of the financial year were a reference to when the licence, fishery symbol or quota authority was issued or transferred to the person; and(b)a reference to at least 6 months before the end of the financial year were a reference to the middle of the period starting when the licence was issued or transferred to the person and ending at the end of the financial year.
(4)For subsection (3), a fishery symbol is issued or transferred to a person when the fishery symbol is written on a licence held by the person.(5)In this section—additional administrative fee means the additional administrative fee stated in schedule 6, part 1.s 141 amd 2020 SL No. 152 s 17; 2020 SL No. 236 s 192A (amd 2021 SL No. 85 s 20)142Further provision about licence, fishery symbol or quota authority held for part of a financial year(1)This section applies if a licence, fishery symbol or quota authority is held by a person for only part of a financial year.(2)The annual fee payable by the person for the licence, fishery symbol or quota authority for the financial year is the proportion of the annual fee stated in schedule 6, part 1 or 2 attributable to the number of whole or part months for which the licence, fishery symbol or quota authority is held by the person.(3)For this section, a fishery symbol is held by a person for the period the fishery symbol is written on a licence held by the person.Division 3Waiver or refund of fees143Chief executive may waive or refund a fee(1)This section applies for waiving or refunding fees stated in schedule 5 or schedule 6.(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—1The 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.2The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.
s 143 amd 2024 SL No. 196 s 13Chapter 7Transitional provisionsPart 1Provisions for SL No. 179 of 2019ch 7 pt 1 hdg ins 2020 SL No. 236 s 74144Existing commercial fisher licencesSection 31 does not apply to a commercial fisher licence in force immediately before the commencement unless and until the licence is renewed.145Existing commercial fishing boat licencesSection 34(2) does not apply to a commercial fishing boat licence in force immediately before the commencement unless and until the licence is renewed or transferred.146Existing general purpose permits(1)Section 50 does not apply to a general fisheries permit in force immediately before the commencement.(2)Also, section 25(e) does not affect a general fisheries permit in force immediately before the commencement.147Existing notices relating to vessel tracking(1)This section applies to each of the following notices that were still in effect immediately before the commencement—(a)a boat communication notice given to the chief executive under section 625K of the expired regulation;(b)a notice given to the chief executive under section 625N of the expired regulation;(c)a notice given by the chief executive or an inspector under section 625O(3), 625P(3) or 625Q(2)(a) of the expired regulation;(d)a notice given to the chief executive or an inspector under section 625Q(2)(b) of the expired regulation.
(2)The notice is taken to have been given under the provision of chapter 4, part 1 corresponding to the provision of the expired regulation under which the notice was given.(3)In this section—expired regulation means the expired Fisheries Regulation 2008.148Annual fees for 2019-20 financial year(1)This section applies in relation to an annual fee payable, under chapter 6, part 4, division 2, for the financial year ending on 30 June 2020 for an authority in force on the commencement.(2)The annual fee is payable in full before 31 December 2019.(3)However, if, on the commencement, the holder of the authority has paid all fees relating to the authority that the holder has been liable to pay under the Act before the commencement, the annual fee payable for the authority for the financial year ending on 30 June 2020 is reduced by 50%.(4)The chief executive may enter into an arrangement with the holder of the authority for the annual fee to be paid in 2 or more payments with the last payment being made no later than 30 June 2020.149References to 2008 regulation(1)In an instrument, a reference to the expired Fisheries Regulation 2008 may be taken to be a reference to any of the following, if the context permits—(a)this regulation;(b)the Fisheries (Commercial Fisheries) Regulation 2019;(c)the Fisheries Declaration 2019.
(2)In an instrument, a reference to a provision of the expired Fisheries Regulation 2008 (the expired provision) may, if the context permits, be taken to be a reference to the provision of legislation mentioned in subsection (1)(a), (b) or (c) that corresponds, or substantially corresponds, to the expired provision.Part 2Provisions for Fisheries Legislation Amendment Regulation 2020ch 7 pt 2 hdg ins 2020 SL No. 236 s 75Division 1Amendments commencing on notification of amendment regulationch 7 pt 2 div 1 hdg ins 2020 SL No. 236 s 75150References to trawl regions(1)This section applies to a reference in this regulation to a trawl region, or a trawl region by name, from the commencement to 31 August 2021.(2)The reference is taken to be a reference to a trawl region, or a trawl region of that name, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, part 4, division 1, as it will be in force on 1 September 2021.Note—The Fisheries (Commercial Fisheries) Regulation 2019, schedule 2 is replaced by the Fisheries Legislation Amendment Regulation 2020, section 159 which commences on 1 September 2021.s 150 ins 2020 SL No. 236 s 75151References to Fisheries (Commercial Fisheries) Regulation 2019, sch 9(1)This section applies to a reference in any of schedules 2B to 2D to a provision of the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, from the commencement to 31 August 2021.(2)The reference is taken to be a reference to the provision of that number in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, as it will be in force on 1 September 2021.Note—The Fisheries (Commercial Fisheries) Regulation 2019, schedule 9 is replaced by the Fisheries Legislation Amendment Regulation 2020, section 172 which commences on 1 September 2021.s 151 ins 2020 SL No. 236 s 75152Existing general fisheries permitsSection 51A does not apply to a general fisheries permit in effect immediately before the commencement.s 152 ins 2020 SL No. 236 s 75153Existing ITQ units(1)An ITQ unit in effect immediately before the commencement is taken to be a C2-ITQ unit.(2)In a document, if the context permits, a reference to an ITQ is taken to be a reference to a C2-ITQ unit.(3)To remove any doubt, it is declared that the amendment of this regulation by the Fisheries Legislation Amendment Regulation 2020 did not create a new type of quota authority for the commercial spanner crab fishery (managed area A).s 153 ins 2020 SL No. 236 s 75Division 2Amendments commencing on 1 January 2021ch 7 pt 2 div 2 hdg ins 2020 SL No. 236 s 122154Existing commercial fishing boat licences(1)A commercial fishing boat licence in effect immediately before the commencement of this section is taken to be a primary commercial fishing licence subject to the same term and conditions that applied to the licence immediately before the commencement.(2)Section 32 does not apply in relation to tender boats authorised to be used under the licence until the licence is renewed or transferred.(3)Subsection (4) applies if—(a)section 145 applied to the licence on the commencement of that section; and(b)the licence has not been renewed or transferred between the commencement of that section and the commencement of this section.
(4)Section 31(2) does not apply to the licence unless and until the licence is renewed or transferred.s 154 ins 2020 SL No. 236 s 122155Existing commercial harvest fishery licences(1)This section applies in relation to a person who held a commercial harvest fishery licence in effect immediately before the commencement (the existing licence).(2)From the commencement, the person is taken to hold a primary commercial fishing licence, subject to the same term and conditions that applied to the existing licence immediately before the commencement.(3)The chief executive must give the person a written notice stating the following matters for the licence—(a)the boat that is the primary commercial fishing boat;(b)the authorised number of tender boats for each fishery symbol written on the licence.
(4)Section 32 applies in relation to the chief executive deciding the authorised number of tender boats for the licence under subsection (3)(b).(5)If the person applies for, and is issued, a commercial fisher licence before 30 June 2021, no annual fee is payable for the first year of the licence.s 155 ins 2020 SL No. 236 s 122156Existing commercial fisher licences(1)This section applies to a commercial fisher licence—(a)to which section 144 applied on the commencement of that section; and(b)that has not been renewed between the commencement of that section and the commencement of this section.
(2)Section 35 does not apply to the commercial fisher licence until the licence is renewed.s 156 ins 2020 SL No. 236 s 122157Existing carrier boat licences(1)A carrier boat licence in effect immediately before the commencement ends 1 year after the commencement.(2)Sections 42 and 43 as in force immediately before the commencement continue to apply in relation to the licence.s 157 ins 2020 SL No. 236 s 122158Undecided applications for particular licences(1)An undecided application for a commercial fishing boat licence or commercial harvest fishery licence is taken to be an application for a primary commercial fishing licence.(2)An undecided application for a carrier boat licence is taken to have been withdrawn.(3)The chief executive must refund any fee paid for an application mentioned in subsection (2) to the applicant.(4)In this section—undecided application means an application made, but not decided, before the commencement.s 158 ins 2020 SL No. 236 s 122159References to particular licencesIn a document, if the context permits, a reference to a commercial fishing boat licence or commercial harvest fishery licence is taken to be a reference to a primary commercial fishing licence.s 159 ins 2020 SL No. 236 s 122Division 3Amendments commencing on 1 September 2021ch 7 pt 2 div 3 hdg ins 2020 SL No. 236 s 193160Fees for fishery symbols and quota authorities for financial year starting 1 July 2021(1)The fees stated in new schedule 6, part 2 apply to fishery symbols and quota authorities from 1 January 2022.(2)For the financial year starting on 1 July 2021 (the 21-22 financial year)—(a)the fees for a fishery symbol or quota authority for the period from 1 July 2021 to 31 December 2021 are the proportion of the fees stated in former schedule 6, part 2 attributable to the first 6 months of the financial year; and(b)the fees for a fishery symbol or quota authority for the period from 1 January 2022 to 30 June 2022 are the proportion of the fees stated in new schedule 6, part 2 attributable to the last 6 months of the financial year.
(3)However, the fee payable for a new quota authority for the 21-22 financial year—(a)is the proportion of the annual fee stated in new schedule 6, part 2 for the authority attributable to the last 6 months of the financial year; and(b)is payable on or before 1 January 2022.
(4)Subsection (5) applies if—(a)before the commencement, the holder of an existing authority paid a fee stated in former schedule 6, part 2 for the authority for the 21-22 financial year (the paid amount); and(b)the paid amount is different to the fee payable for the authority for the 21-22 financial year under subsection (2) (the payable amount).
(5)The chief executive must—(a)if the paid amount is higher than the payable amount—refund the difference between the paid amount and payable amount to the holder; or(b)if the paid amount is lower than the payable amount—give the holder a written notice stating the payable amount and the date, no earlier than 1 January 2022, by which the difference between the paid amount and payable amount is due.
(6)This section does not limit section 142 or 143.(7)In this section—existing authority means an authority other than a new quota authority.former schedule 6, part 2 means schedule 6, part 2 as in force immediately before the commencement.new quota authority means—(a)an effort unit for the Moreton Bay trawl region; or(b)an ENL-ITQ unit; or(c)a C1-ITQ unit.
new schedule 6, part 2 means schedule 6, part 2 as in force on the commencement.s 160 ins 2020 SL No. 236 s 193161Continued application of ch 5, pt 2 to particular licences(1)This section applies if the relevant period under chapter 5, part 2 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.(2)Chapter 5, part 2 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.s 161 ins 2020 SL No. 236 s 193162Continued application of ch 5, pt 3 to particular licences(1)This section applies if the relevant period under chapter 5, part 3 for the holder of a commercial fisher licence or primary commercial fishing licence started, but did not end, before the commencement.(2)Chapter 5, part 3 as in force immediately before the commencement continues to apply in relation to the holder for the relevant period.s 162 ins 2020 SL No. 236 s 193163References to T1 effort units and T2 effort unitsIn a document, if the context permits—(a)a reference to T1 effort units is taken to be a reference to effort units for a trawl region; and(b)a reference to T2 effort units is taken to be a reference to effort units for the southern offshore trawl region B.
s 163 ins 2020 SL No. 236 s 193Schedule 1Prescribed acts for which authority requiredsection 20Taking fish for trade or commerce
Prescribed acttaking fish for trade or commerce
Who has authority to do prescribed acta person who holds, or is acting under, an authority authorising the person to take the fish for trade or commerce
Using primary boat or tender boat to take fish for trade or commerce
Prescribed actusing a primary boat or tender boat to take fish for trade or commerce
Who has authority to do prescribed acta person who—(a)holds, or is acting under, an authority authorising the person to take the fish for trade or commerce; and(b)holds, or is acting under, a primary commercial fishing licence authorising the use of the boat to take the fish for trade or commerce
Using another boat to take fish for trade or commerce
Prescribed actusing a boat, other than a primary boat or tender boat, to take fish for trade or commerce
Who has authority to do prescribed acta person who holds, or is acting under, an authority authorising the person to take the fish for trade or commerce using the boat
Selling Queensland fisheries resources before second point of sale
Prescribed actselling fisheries resources taken from Queensland waters other than in the following circumstances—
(a)sale of fisheries resources as authorised under the Fisheries (Commercial Fisheries) Regulation 2019;(b)sale of fisheries resources cultivated by the seller in a way that was authorised under the Planning Act;(c)sale of fisheries resources bought from a person who has authority under the Act to sell the fisheries resources or from a person selling the fisheries resources as mentioned paragraph (a) or (b)
Who has authority to do prescribed acta person who—(a)holds, or is acting under, an authority that authorises the sale; and(b)gives the person buying the fisheries resources the number of the authority
Collecting dead marine wood from unallocated State land
Prescribed actremoving, destroying or damaging dead marine wood on unallocated State land for trade or commerce
Who has authority to do prescribed acta person who holds, or is acting under, a resource allocation authority authorising the person to collect dead marine wood for trade or commerce from the land
Conducting charter fishing trip in offshore waters
Prescribed actconducting a charter fishing trip in offshore waters
Who has authority to do prescribed acta person who holds, or is acting under, a charter fishing licence
Placing fisheries resources cultivated other than for sale
Prescribed actplacing fisheries resources cultivated other than for sale, whether taken in or outside Queensland, in an area in Queensland
Who has authority to do prescribed acta person who holds an authority authorising the placement of the fisheries resources in the area
Carrying out particular development in fish habitat area
Prescribed actcarrying out development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d), in a declared fish habitat area
Who has authority to do prescribed acta person who holds, or is acting under, a resource allocation authority authorising the person to interfere with the declared fish habitat area
Entering, or taking particular oysters from, licensed areas
Prescribed actentering a marked licensed area, or taking a blacklip oyster or milky oyster from a marked licensed area
where—marked licensed area means an area stated on an O licence that the holder of the licence, or a person nominated by the holder, has identified by using markers and signs as the area to which the licence relates.
Who has authority to do prescribed acta person who holds, or is acting under, an O licence on which the area is stated
Taking freshwater fish from prescribed stocked impoundment
Prescribed actan adult taking freshwater fish from a prescribed stocked impoundment using a fishing line
Who has authority to do prescribed acta person who holds a stocked impoundment permit or general fisheries permit authorising the person to take the freshwater fish from the prescribed stocked impoundment using a fishing line
Releasing aquaculture fisheries resources
Prescribed actreleasing aquaculture fisheries resources into Queensland waters other than in the following circumstances—
(a)release of fisheries resources for fisheries development relating to aquaculture carried out in a way authorised under the Planning Act;(b)release into private non-tidal waters of fisheries resources that are indigenous fisheries resources for the waters;(c)release of fisheries resources mentioned in column 2 of the below table into private non-tidal waters in the river basin mentioned opposite the resources in column 1 of the table
where—private non-tidal waters means non-tidal waters, other than waters of a waterway, on privately-owned land.
Who has authority to do prescribed acta person who holds a general fisheries permit authorising the person to release the fisheries resources into the waters
Table for release of aquaculture fisheries resources without an authority
Column 1Column 2
River basinAquaculture fisheries resources that can be released
AlbertAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River cod
Aliceredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Archerbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
AuburnAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perchSouthern saratoga
Bafflebarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)
Balonnefreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
BarambahAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perchSouthern saratoga
Barcoogolden perch (Lake Eyre drainage division stock)
Barronbarramundi (mid north-east coast stock)khaki gruntersooty grunter
Belyandosooty grunter
Blackbarramundi (mid north-east coast stock)
Border Riversfreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Bowensooty grunter
Boynebarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)silver perchSouthern saratoga
BremerAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perchSouthern saratoga
BrisbaneAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perchSouthern saratoga
Burdekinbarramundi (mid north-east coast stock)sooty grunter
BurnettAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perchSouthern saratoga
BurrumAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perch
CabooltureAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perch
Calliopebarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)
Clarkesooty grunter
Cliffdaleredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Cloncurrybarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Coenbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Colemanbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Cometbarramundi (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
Condaminefreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Cooper Creekgolden perch (Lake Eyre drainage division stock)
Curtis Islandbarramundi (south-east coast stock)
Daintreebarramundi (mid north-east coast stock)khaki grunter
Dawsonbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (east coast drainage division stock)silver perchsleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)Southern saratoga
Diamantinagolden perch (Lake Eyre drainage division stock)
Dulhuntybarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Edwardredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Eight Mileredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Einasleighbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
ElliottAustralian bassbarramundi (south-east coast stock)silver perch
Embleybarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Endeavourbarramundi (mid north-east coast stock)
Fitzroybarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (east coast drainage division stock)silver perchsleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)Southern saratoga
Flindersbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Fraser Islandfreshwater catfish (east coast drainage division stock)
Georginagolden perch (Lake Eyre drainage division stock)
Gilbertbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
GregoryAustralian bassbarramundi (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)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Haughtonbarramundi (mid north-east coast stock)
Herbertbarramundi (mid north-east coast stock)sooty grunter
Hinchinbrook Islandbarramundi (mid north-east coast stock)
Holroydbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Isaacbarramundi (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
Jacksonbarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
Jacky Jackybarramundi (east coast Cape York stock)redclaw
Jardinebarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
Kendallredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
KolanAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)silver perch
L Creekbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Leichhardtbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Lockhartbarramundi (east coast Cape York stock)redclaw
LockyerAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perchSouthern saratoga
LoganAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perch
Macintyrefreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Mackenziebarramundi (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
Maranoafreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
MaroochyAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perch
MaryAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perch
Missionbarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Mitchellbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Mooniefreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Morningbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Mornington Islandredclaw
Mossmanbarramundi (mid north-east coast stock)
Mulgravebarramundi (mid north-east coast stock)khaki gruntersooty grunter
Mulligangolden perch (Lake Eyre drainage division stock)
Murraybarramundi (mid north-east coast stock)khaki gruntersooty grunter
Nebinefreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Nicholsonbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
NogoAustralian bassbarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perchSouthern saratoga
Nogoabarramundi (south-east coast stock)freshwater catfish (east coast drainage division stock)golden perch (east coast drainage division stock)silver perchsleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)Southern saratoga
NoosaAustralian bassfreshwater catfish (east coast drainage division stock)
Normanbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Normanbybarramundi (east coast Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
North Johnstonebarramundi (mid north-east coast stock)khaki gruntersooty grunter
North PineAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perchSouthern saratoga
O’Connellbarramundi (central east coast stock)
Olivebarramundi (east coast Cape York stock)redclaw
Palmerredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Paroofreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Pascoebarramundi (east coast Cape York stock)redclaw
Pioneerbarramundi (central east coast stock)sooty grunter
Planebarramundi (central east coast stock)sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock)
Rossbarramundi (mid north-east coast stock)
Russellbarramundi (mid north-east coast stock)khaki gruntersooty grunter
Saxbybarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Settlementredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Severnfreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Shoalwaterbarramundi (central east coast stock)freshwater catfish (east coast drainage division stock)
Skardonbarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)
SouthcoastAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perchSouthern saratoga
South Johnstonebarramundi (mid north-east coast stock)khaki grunter
South PineAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)silver perch
Staatenbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
StanleyAustralian bassfreshwater catfish (east coast drainage division stock)golden perch (Murray-Darling drainage division stock)Mary River codsilver perchSouthern saratoga
Stewartbarramundi (east coast Cape York stock)redclaw
Styxbarramundi (central east coast stock)
Thomsongolden perch (Lake Eyre drainage division stock)
Torres Strait Islandsredclaw
Tullybarramundi (mid north-east coast stock)khaki gruntersooty grunter
Walshredclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Warregofreshwater catfish (Murray-Darling drainage division stock)golden perch (Murray-Darling drainage division stock)Murray codsilver perch
Waterparkfreshwater catfish (east coast drainage division stock)
Watsonbarramundi (south-east Gulf of Carpentaria stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
Wenlockbarramundi (north-west Cape York stock)redclawsleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock)sooty grunter
sch 1 amd 2020 SL No. 236 ss 123, 193A (amd 2021 SL No. 29 s 39)Schedule 2River basins where non-indigenous fisheries resources can not be releasedsection 57(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
Schedule 2AEffort units for trawl regionssections 58 and 58APart 1Conversion of T1 and T2 effort units1Purpose of partThis part provides for the conversion of T1 effort units and T2 effort units into effort units for a trawl region.1AApplication of partThis part applies only to T1 effort units or T2 effort units held by a person on 22 April 2021.sch 2A s 1A ins 2021 SL No. 29 s 22(1)2Definition for partIn this part—prescribed year means a calendar year starting on 1 January of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 or 2017.3Working out holder’s used and unused effort units(1)This section provides for working out, for the holder of T1 effort units or T2 effort units— (a)the holder’s number of used T1 effort units or T2 effort units for each trawl region; and(b)the holder’s number of unused T1 effort units or T2 effort units.
(2)The holder’s used T1 effort units or T2 effort units for a trawl region are worked out—(a)by adding up the number of the T1 effort units or T2 effort units the holder used in each of the prescribed years in the region; and(b)dividing that number by 10.
(3)The holder’s unused T1 effort units or T2 effort units is the difference between—(a)the total number of T1 effort units or T2 effort units held by the holder; and(b)the total number of the holder’s used T1 effort units or T2 effort units for all trawl regions worked out under subsection (2).
4Particular holders may nominate trawl region for used T1 effort units(1)This section applies if the holder of used T1 effort units obtained the holder’s T1 licence between 1 January 2015 and 30 June 2017.(2)The holder may, before 16 July 2021, give the chief executive written notice nominating 1 or more trawl regions to which a stated number of the used T1 effort units are to be converted under this part.(3)However, the holder—(a)must nominate 1 or more trawl regions for exactly 50% of the holder’s used T1 effort units; and(b)can not nominate the Moreton Bay trawl region.
(4)In this section—obtained, in relation to a T1 licence, means obtained in either of the following ways—(a)by issue of the licence by the chief executive;(b)by transfer of the licence from another person.
5Holder may nominate trawl region for unused T1 effort unitsThe holder of unused T1 effort units may, before 16 July 2021, give the chief executive written notice nominating the trawl region to which the unused T1 effort units are to be converted under this part.6Allocation of trawl region for T1 effort units(1)The chief executive must allocate the trawl region to which T1 effort units held by a person are to be converted under this part.(2)Used T1 effort units must be allocated to—(a)for used T1 effort units the subject of a nomination under section 4—the trawl region nominated by the holder; or(b)for other used T1 effort units—the trawl region in which the effort units were used.
(3)Unused T1 effort units must be allocated—(a)if the holder of the T1 effort units has, under section 5, nominated the trawl region to which the unused effort units are to be converted—to the trawl region nominated by the holder; or(b)otherwise, as follows—(i)36% of the T1 units must be allocated to the southern offshore trawl region A;(ii)21% of the T1 units must be allocated to the southern inshore trawl region;(iii)21% of the T1 units must be allocated to the central trawl region;(iv)22% of the T1 units must be allocated to the northern trawl region.
7Conversion of T1 and T2 effort unitsThe chief executive must, before 31 August 2021— (a)convert T1 effort units into effort units for the trawl region to which the effort units are allocated under section 6; and(b)convert T2 effort units into effort units for the southern offshore trawl region B; and(c)give each holder of T1 effort units or T2 effort units a replacement certificate for the effort units.
8When conversion takes effectThe conversion of T1 effort units and T2 effort units into effort units for a trawl region under this part takes effect on 1 September 2021.Part 2Issue of effort units for the Moreton Bay trawl regionDivision 1Preliminary9Definitions for partIn this part—eligible licence means an M1 or M2 licence.eligible person means a person who holds an eligible licence on 22 April 2021.prescribed year means a financial year starting on 1 July of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 or 2016.10Issue of effort unitsThe chief executive must, on or before 31 August 2021, issue to each eligible person the number of effort units for the Moreton Bay trawl region worked out under division 2 for the person.11When effort units take effectEffort units for the Moreton Bay trawl region issued under this part take effect on 1 September 2021.Division 2Deciding number of effort units to be issued12Process for deciding number of effort units to be issuedThe chief executive must decide the number of effort units for the Moreton Bay trawl region to be issued to an eligible person under this part as follows—(a)the chief executive must decide, under section 13, each eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years;(b)the chief executive must work out, under section 14, the extra fishing days available for allocation to eligible persons and allocate them to each eligible person;(c)the chief executive must apply the formula and process in section 15 to decide the number of effort units for the Moreton Bay trawl region to be issued to each eligible person under this part;(d)if applicable, the chief executive must adjust the number of effort units for the Moreton Bay trawl region to be issued to the eligible person under section 16.
13Deciding eligible person’s average yearly fishing days(1)An eligible person’s fishing days for the Moreton Bay trawl region are the days—(a)that the person used a boat in the region under an eligible licence held by the person; and(b)the details of which have been reported to the chief executive under an information requirement before 1 July 2018.
(2)The chief executive must decide an eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years by—(a)adding up the person’s fishing days in the 7 prescribed years with the highest number of fishing days; and(b)dividing that number by 7.
(3)The chief executive must give each eligible person an information notice for the chief executive’s decision under subsection (2).14Allocation of extra fishing days(1)The chief executive must work out the extra fishing days for the Moreton Bay trawl region available for allocation to eligible persons by— (a)adding the average yearly fishing days for the Moreton Bay trawl region worked out under section 13(2) for all eligible persons; and(b)subtracting that number from 8,535.
(2)The extra fishing days are to be allocated to eligible persons as follows— (a)half of the days are to be issued among all eligible persons who hold an M1 licence in proportion to the number of M1 licences each eligible person holds relative to the total number of M1 licences;(b)half of the days are to be issued among all eligible persons who hold an M2 licence in proportion to the number of M2 licences each eligible person holds relative to the total number of M2 licences.
(3)If, after applying subsection (2), the number of days to be issued to an eligible person is not a whole number, the number must be rounded up to the nearest whole number.sch 2A s 14 amd 2021 SL No. 29 s 22(2)15Deciding number of units to be issued(1)The number of effort units for the Moreton Bay trawl region to be issued to an eligible person is the number worked out using the following formula—where—EU means the number of the effort units to be issued to the eligible person.FD means the eligible person’s average yearly fishing days for the Moreton Bay trawl region for the prescribed years worked out under section 13.ED means the number of extra fishing days for the Moreton Bay trawl region allocated to the eligible person under section 14.EUCF means the effort unit conversion factor, for the primary boat identified in the eligible person’s M1 or M2 licence, stated in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 10 opposite the number of hull units for the boat.(2)If, after applying the formula, the number is not a whole number of effort units, the number of effort units to be issued is taken to be the nearest whole number, rounded up.16Adjustment of effort units to be issued to holder of M1 licence if more than T1 holding(1)This section applies if, under sections 13 to 15, the number of effort units for the Moreton Bay trawl region to be issued to an eligible person who holds an M1 licence would be higher than the number (the capped number) of T1 effort units held by the eligible person for the licence before the conversion of the effort units under part 1.(2)The number of effort units for the Moreton Bay trawl region to be issued to the eligible person must be reduced to the capped number. sch 2A s 16 amd 2021 SL No. 29 s 22(3)–(4)Division 3Effort unit certificate17Effort unit certificate(1)The chief executive must issue a certificate (an effort unit certificate) to each person who holds effort units for the Moreton Bay trawl region issued under this part.(2)The effort unit certificate must state the following—(a)the holder’s name;(b)that the units are issued for taking fish in the Moreton Bay trawl region;(c)how many effort units for the Moreton Bay trawl region the holder has;(d)if the chief executive has imposed conditions on the effort units under section 61 of the Act—the conditions.
(3)However, if the person also holds T1 effort units or T2 effort units converted under part 1, the chief executive must include the details about effort units for the Moreton Bay trawl region issued under this part in the replacement certificate given under section 7(c).sch 2A ins 2020 SL No. 236 s 76Schedule 2BIssue of ENL-ITQ unitssection 58BPart 1Interpretation1Definitions for scheduleIn this schedule—eligible licence, for ENL-ITQ units, means a relevant licence for the ENL-ITQ units under which at least 100kg of prescribed ENL-ITQ fish was—(a)taken, in the combined area of all prescribed ENL management regions, in the prescribed years; and(b)reported to the chief executive under an information requirement before 1 July 2018.
eligible person, for ENL-ITQ units, means a person who holds an eligible licence for the units on 22 April 2021.prescribed year means a calendar year starting on 1 January of 2013, 2014, 2015, 2016 or 2017.relevant licence, for ENL-ITQ units, means a licence that has written on it a fishery symbol stated for the ENL-ITQ units in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2.Note—See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.2References to prescribed ENL-ITQ fish and prescribed ENL management regionIn this schedule—(a)a reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2; and(b)a reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 2; and(c)a reference to the combined area of all prescribed ENL management regions in relation to an ENL-ITQ unit means the combined area of— (i)the prescribed ENL management region for the ENL-ITQ unit; and(ii)the prescribed ENL management region for each other ENL-ITQ unit.
Part 2Issue of ENL-ITQ unitsDivision 1General3Issue of ENL-ITQ unitsThe chief executive must, on or before 31 August 2021, issue to each eligible person the number of ENL-ITQ units worked out under division 2 for the person.4When ENL-ITQ units take effectENL-ITQ units issued under this schedule take effect on 1 September 2021.Division 2Deciding number of ENL-ITQ units to be issued5Process for deciding number of ENL-ITQ units to be issuedThe chief executive must decide the number of ENL-ITQ units to be issued to an eligible person as follows—(a)the chief executive must decide, under section 6, the eligible person’s eligible reported catch for the units;(b)the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6, as provided under sections 7 to 9;(c)the chief executive must decide the total reported catch for the units under section 10;(d)the chief executive must apply the formula and process in section 11 to decide the number of ENL-ITQ units to be issued to the eligible person.
6Deciding eligible person’s eligible reported catch(1)An eligible person’s reported catch for ENL-ITQ units for a prescribed year is the amount of the prescribed ENL-ITQ fish—(a)taken in the prescribed ENL management region in the year under the eligible licence held by the person; and(b)reported to the chief executive under an information requirement before 1 July 2018.
(2)The chief executive must decide an eligible person’s eligible reported catch for ENL-ITQ units by adding up the person’s reported catch for the units for the 4 prescribed years with the highest reported catch for the units.7Chief executive notice of eligible person’s eligible reported catch(1)After deciding an eligible person’s eligible reported catch for ENL-ITQ units under section 6, the chief executive must give the person a written notice stating—(a)the details of the person’s reported catch for the units for each prescribed year; and(b)the person’s eligible reported catch for the units decided by the chief executive under section 6(2); and(c)that the person may, within 60 days after the notice is given to the person—(i)apply for an amendment of the chief executive’s decision under section 6(2) as provided in section 8; or(ii)apply for the substitution of the chief executive’s decision under section 6(2) as provided in section 9.
(2)The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6(2).8Eligible person may apply for amended eligible reported catch(1)The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6(2) if the chief executive has made an error in the details mentioned in section 7(1)(a).(2)The application must be—(a)made in writing; and(b)supported by evidence of the error.
(3)If the eligible person makes an application under subsection (1), the chief executive must—(a)amend the chief executive’s decision under section 6(2) to address the error; or(b)decide not to amend the chief executive’s decision under section 6(2).
(4)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).9Eligible person may apply for substituted eligible reported catch(1)The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6(2) if—(a)prescribed ENL-ITQ fish was not taken in the prescribed ENL management region under the eligible licence in 2, 3 or 4 prescribed years (each a nil history year); and(b)either of the following applies for each nil history year (each a substitution reason for the nil history year)—(i)the eligible person did not take prescribed ENL-ITQ fish in the prescribed ENL management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014;(ii)the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.
(2)The application must—(a)be made in writing; and(b)include details of, and evidence supporting, the substitution reason for each nil history year.
(3)If the eligible person applies for a substitution under subsection (1), the chief executive must—(a)substitute the chief executive’s decision under section 6(2); or(b)decide not to substitute the chief executive’s decision under section 6(2).
(4)However, the chief executive may substitute the chief executive’s decision under section 6(2) only if the chief executive is satisfied there is a substitution reason for the nil history years.(5)The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the ENL-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the ENL-ITQ units for each of the prescribed years that were not nil history years.(6)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).(7)In this section—prescribed number, of nil history years for an eligible person, means—(a)if the eligible person has only 2 nil history years—1; or(b)if the eligible person has 3 or 4 nil history years—2.
10Deciding total reported catch for ENL-ITQ unitsThe total reported catch for ENL-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 21 July 2021.sch 2B s 10 amd 2021 SL No. 29 s 2311Deciding number of units to be issued(1)The number of ENL-ITQ units to be issued to an eligible person is the number worked out using the following formula—where—ENL-ITQ means the number of ENL-ITQ units to be issued to the eligible person.EC means the eligible person’s eligible reported catch for the ENL-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9.N means the following number—(a)for BM1-ITQ units—5,580;(b)for BM2-ITQ units—35,038;(c)for BM3-ITQ units—127,962;(d)for BM4-ITQ units—54,275;(e)for BM5-ITQ units—20,744;(f)for GM1-ITQ units—1,091;(g)for GM2-ITQ units—26,805;(h)for GM3-ITQ units—67,133;(i)for GM4-ITQ units—13,625;(j)for GM5-ITQ units—20,347;(k)for KT1-ITQ units—2,167;(l)for KT2-ITQ units—13,619;(m)for KT3-ITQ units—11,231;(n)for KT4-ITQ units—23,600;(o)for KT5-ITQ units—21,383;(p)for SM5-ITQ units—69,100;(q)for WT5-ITQ units—162,000.
TC means the total reported catch for the ENL-ITQ units worked out under section 10.(2)If, after applying the formula, the number is not a whole number of ENL-ITQ units, the number of ENL-ITQ units to be issued is taken to be the nearest whole number, rounded up.Division 3ENL-ITQ unit certificate12ENL-ITQ certificate(1)The chief executive must issue a certificate (an ENL-ITQ certificate) to each person who holds ENL-ITQ units.(2)The ENL-ITQ certificate must state the following—(a)the holder’s name;(b)for each type of ENL-ITQ units, that the units are issued for the taking of prescribed ENL-ITQ fish in the prescribed ENL management region;(c)how many ENL-ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the ENL-ITQ units under section 61 of the Act—the conditions.
sch 2B ins 2020 SL No. 236 s 76Schedule 2CIssue of C1-ITQ unitssection 58CPart 1Interpretation1Definitions for scheduleIn this schedule—eligible licence means a C1 licence.eligible person means a person who holds an eligible licence on 22 April 2021.prescribed year means a financial year starting on 1 July of 2010, 2011, 2012, 2013, 2014, 2015 or 2016.2References to prescribed crab and prescribed crab management regionIn this schedule—(a)a reference to prescribed crab in relation to a C1- ITQ unit is a reference to the crab stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 3; and(b)a reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 3.
Note—See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.Part 2Issue of C1-ITQ unitsDivision 1General3Issue of C1-ITQ unitsThe chief executive must, on or before 31 August 2021, issue to each eligible person the number of C1-ITQ units worked out under division 2 for the person.4When C1-ITQ units take effectC1-ITQ units issued under this schedule take effect on 1 September 2021.Division 2Deciding number of C1-ITQ units to be issued5Process for deciding number of C1-ITQ units to be issuedThe chief executive must decide the number of C1-ITQ units to be issued to an eligible person as follows—(a)the chief executive must decide, under section 6, the eligible person’s eligible reported catch for the units;(b)the chief executive must give the eligible person an opportunity to apply for an amendment or substitution of the chief executive’s decision under section 6, as provided under sections 7 to 9;(c)the chief executive must work out the total reported catch for the units under section 10;(d)the chief executive must apply the formula and process in section 11 to decide the number of C1-ITQ units to be issued to the eligible person.
6Deciding eligible person’s eligible reported catch(1)An eligible person’s reported catch for C1-ITQ units for a prescribed year is the amount of prescribed crab—(a)taken in the prescribed crab region in the year under the eligible licence held by the person; and(b)reported to the chief executive under an information requirement before 31 December 2017.
(2)However, the maximum amount of mud crabs that may constitute the person’s reported catch for C1-ITQ units for a prescribed year is—(a)if the person held an eligible licence on which 2 or more ‘C1’ fishery symbols were written for any part of the year, and holds an eligible licence on which 2 or more ‘C1’ fishery symbols are written on 22 April 2021—12t; or(b)otherwise—6t.
(3)The chief executive must decide an eligible person’s eligible reported catch for C1-ITQ units by adding up the person’s reported catch for the units for the 6 prescribed years with the highest reported catch for the units.7Chief executive notice of eligible person’s eligible reported catch(1)After deciding an eligible person’s eligible reported catch for C1-ITQ units under section 6, the chief executive must give the person a written notice stating—(a)the details of the person’s reported catch for the units for each prescribed year; and(b)the person’s eligible reported catch for the units decided by the chief executive under section 6(3); and(c)that the person may, within 60 days after the notice is given to the person—(i)apply for an amendment of the chief executive’s decision under section 6(3) as provided in section 8; or(ii)apply for a substitution of the chief executive’s decision under section 6(3) as provided in section 9.
(2)The chief executive must also give the eligible person an information notice for the chief executive’s decision under section 6(3).8Eligible person may apply for amended eligible reported catch(1)The eligible person may apply to the chief executive to amend the chief executive’s decision under section 6(3) if the chief executive has made an error in the details mentioned in section 7(1)(a).(2)The application must be—(a)made in writing; and(b)supported by evidence of the error.
(3)If the eligible person makes an application under subsection (1), the chief executive must—(a)amend the chief executive’s decision under section 6(3) to address the error; or(b)decide not to amend the chief executive’s decision under section 6(3).
(4)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).9Eligible person may apply for substituted eligible reported catch(1)The eligible person may apply to the chief executive to substitute the chief executive’s decision under section 6(3) if—(a)prescribed crab was not taken in the prescribed crab management region under the eligible licence in 3, 4, 5 or 6 prescribed years (each a nil history year); and(b)either of the following applies for each nil history year (each a substitution reason for the nil history year)—(i)the eligible person did not take prescribed crab in the prescribed crab management region because of a natural disaster or a biosecurity event under the Biosecurity Act 2014;(ii)the eligible person did not take fish in any commercial fishery because of the person’s illness or injury.
(2)The application must—(a)be made in writing; and(b)include details of, and evidence supporting, the substitution reason for each nil history year.
(3)If the eligible person applies for a substitution under subsection (1), the chief executive must—(a)substitute the chief executive’s decision under section 6(3); or(b)decide not to substitute the chief executive’s decision under section 6(3).
(4)However, the chief executive may substitute the chief executive’s decision under section 6(3) only if the chief executive is satisfied there is a substitution reason for the nil history years.(5)The person’s substituted eligible reported catch must be worked out by substituting the person’s reported catch for the C1-ITQ units for the prescribed number of nil history years with the average of the person’s reported catch for the C1-ITQ units for each of the prescribed years that were not nil history years.(6)The chief executive must give the eligible person an information notice for the chief executive’s decision under subsection (3).(7)In this section—prescribed number, of nil history years for an eligible person, means—(a)if the eligible person has only 3 nil history years—1; or(b)if the eligible person has 4, 5 or 6 nil history years—2.
10Deciding total reported catch for C1-ITQ unitsThe total reported catch for C1-ITQ units is the sum of each eligible person’s eligible reported catch for the units as at 21 July 2021.sch 2C s 10 amd 2021 SL No. 29 s 2411Deciding number of units to be issued(1)The number of C1-ITQ units to be issued to an eligible person is the number worked out using the following formula—where—C1-ITQ means the number of C1-ITQ units to be issued to the eligible person.EC means the eligible person’s eligible reported catch for the C1-ITQ units worked out under section 6 and, if applicable, as amended under section 8 or substituted under section 9.N means—(a)for BC1-ITQ units—6,750; or(b)for EC1-ITQ units—29,600; or(c)for GC1-ITQ units—2,440.
TC means the total reported catch for the C1-ITQ units worked out under section 10.(2)If, after applying the formula, the number is not a whole number of C1-ITQ units, the number of C1-ITQ units to be issued is taken to be the nearest whole number, rounded up.Division 3C1-ITQ unit certificate12C1-ITQ certificate(1)The chief executive must issue a certificate (a C1-ITQ certificate) to each person who holds C1-ITQ units.(2)The C1-ITQ certificate must state the following—(a)the holder’s name;(b)for each type of C1-ITQ units, that the units are issued for the taking of prescribed crab in the prescribed crab management region;(c)how many C1-ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the C1-ITQ units under section 61 of the Act—the conditions.
sch 2C ins 2020 SL No. 236 s 76Schedule 2DHand-harvest ITQ unitssection 58D1Purpose of scheduleThis schedule provides for the issue of hand-harvest ITQ units to a person (an eligible person) who, immediately before the commencement, held a licence for taking prescribed hand-harvest ITQ fish.2Definitions for scheduleIn this schedule—eligible licence, for hand-harvest ITQ units, means a commercial harvest fishery licence in effect immediately before the commencement on which the relevant fishery symbol for the units is written.eligible person see section 1.relevant fishery symbol means—(a)for B1B-ITQ units, B1W-ITQ units or B1O-ITQ units—‘B1’; or(b)for DS-ITQ units or DO-ITQ units—‘D’; or(c)for G-ITQ units—‘G’; or(d)for J1-ITQ units—‘J1’; or(e)for R-ITQ units—‘R’.
3References to prescribed hand-harvest ITQ fishIn this schedule, a reference to prescribed hand-harvest ITQ fish in relation to a hand-harvest ITQ unit is a reference to the fish stated for the hand-harvest ITQ unit in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9, part 4.Note—See section 151 in relation to references to the Fisheries (Commercial Fisheries) Regulation 2019, schedule 9.4What is an eligible person’s quota entitlement(1)An eligible person’s quota entitlement for hand-harvest ITQ units is the amount of prescribed hand-harvest ITQ fish, in kilograms, that the person was authorised to take each year under an eligible licence.(2)If an eligible person was authorised to take prescribed hand-harvest ITQ fish under 2 or more eligible licences, the person’s quota entitlement for the hand-harvest ITQ units is the sum of the amounts the person was authorised to take under all of the licences.5Issue of hand-harvest ITQ unitsThe chief executive must, on or before 31 August 2021, issue to each eligible person a hand-harvest ITQ unit for each kilogram of the eligible person’s quota entitlement for the units worked out under section 4.6When hand-harvest ITQ units take effectHand-harvest ITQ units issued under this schedule take effect on 1 September 2021.7Hand-harvest ITQ certificate(1)The chief executive must issue a certificate (a hand-harvest ITQ certificate) to each person who holds hand-harvest ITQ units.(2)The hand-harvest ITQ certificate must state the following—(a)the holder’s name;(b)for each type of hand-harvest ITQ units, that the units are issued for the taking of prescribed hand-harvest ITQ fish;(c)how many hand-harvest ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the hand-harvest ITQ units under section 61 of the Act—the conditions.
sch 2D s 7 amd 2023 SL No. 44 s 20sch 2D ins 2020 SL No. 236 s 76Schedule 2EIssue of select coral ITQ unitsSection 58E1Definitions for scheduleIn this schedule—eligible person means a person who, on 19 June 2023, holds a hand-harvest ITQ certificate for DS-ITQ units.hand-harvest ITQ certificate see schedule 2D, section 7(1).2References to prescribed select coralIn this schedule, a reference to prescribed select coral in relation to a select coral ITQ unit is a reference to fish of the species of select coral under the Fisheries (Commercial Fisheries) Regulation 2019 stated for the select coral ITQ unit in schedule 9, part 5 of that regulation.3Issue of select coral ITQ unitsThe chief executive must, on or before 30 June 2023, issue to each eligible person the number of select coral ITQ units worked out under section 4 for the person.4Process for deciding number of select coral ITQ units to be issued(1)The chief executive must decide the number of select coral ITQ units to be issued to an eligible person for prescribed select coral using the following formula—where—SC-ITQ means the number of select coral ITQ units to be issued to the eligible person for fish of a species of prescribed select coral.D means the number of DS-ITQ units held by the eligible person on 19 June 2023.P means the amount of fish of the species of prescribed select coral, in kilograms, that is the prescribed commercial catch for the species under the Fisheries Declaration 2019.Q means the total quota entitlement for specialty coral in the coral fishery under the Fisheries Quota Declaration 2019.(2)If, after applying the formula, the number of select coral ITQ units for fish of a species of prescribed select coral is not a whole number, the number of the units to be issued is taken to be the nearest whole number, rounded up.5When select coral ITQ units take effectSelect coral ITQ units take effect on 1 July 2023.6Select coral ITQ certificate(1)The chief executive must issue a certificate (a select coral ITQ certificate) to each person who holds select coral ITQ units.(2)The select coral ITQ certificate must state the following—(a)the holder’s name;(b)for each type of select coral ITQ unit, that the units are issued for the taking of prescribed select coral for the type of the unit;(c)how many select coral ITQ units of each type the holder has;(d)if the chief executive has imposed conditions on the select coral ITQ units under section 61 of the Act—the conditions.
sch 2E ins 2023 SL No. 44 s 21Schedule 3Declared fish habitat areassections 77 and 78Column 1Column 2
Name and fish habitat area plan numberParticular areas included in or excluded from the declared fish habitat area
Annan River FHA–049The 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 fish habitat area plan for the area.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 (revision 1)The declared fish habitat area excludes the following—•lot 8 on plan USL43165•lot 46 on plan FD268•lot 87 on plan FD963•lots 114 and 115 on plan FD1124.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 1 on plan SP143241•lot 21 on plan USL43249•lots 32 and 84 on plan FD381•lot 154 on plan FD752.
Balban Dara Guya (Leekes Creek) FHA–076The 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–035The 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 plan CI4227, lot 135 on plan 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 2)
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–007The 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–047The 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 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 fish habitat area plan for the area.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 2)The declared fish habitat area excludes lot 1 on plan AP20962.The declared fish habitat area excludes land within the following lots that is not tidal land—•lot 16 on plan USL34557•lot 45 on plan USL34559•lots 53 and 65 on plan C37398.The declared fish habitat area includes the following—•lot 20 on plan CK3227•lot 75 on plan CK3132•the parts of the esplanades that are tidal land between the eastern boundary of lot 11 on SP295518 and the boat ramp identified as HB51 (as shown on the fish habitat plan for the area) near Burrum Heads Road that is within the outer boundary shown on the fish habitat area plan for the area.
Cape Palmerston– Rocky Dam FHA–048The 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–074The 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 fish habitat area plan for the area.The declared fish habitat area excludes the part of lot 123 on plan NPW597 that is within the outer boundary shown on the fish habitat area plan for the area.
Cawarral Creek FHA–050 (revision 1)The declared fish habitat area includes the part of lot 2 on SP129098 shown within the outer boundary shown on the fish habitat area plan for the area.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–071The declared fish habitat area includes lot 66 on plan EP1755.
Colosseum Inlet FHA–037The declared fish habitat area includes the following—•the tidal land on the part of lot 4 on plan FD841442 that is within the outer boundary shown on the fish habitat area plan for the area•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–023The declared fish habitat area includes the following—•the part of lot 91 on plan WD3199 that is within the outer boundary shown on the fish habitat area plan for the area•the tidal land on the part of lot 84 on plan WD814529 that is within the outer boundary shown on the fish habitat area plan for the area.
Corio Bay FHA–067The declared fish habitat area includes the following—•the parts of lot 130 on plan NPW811 that are 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–020The declared fish habitat area includes lots 260 and 261 on plan WD5078.
Dallachy Creek FHA–042The 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 (revision 1)The declared fish habitat area excludes lot 21 on plan C371349.The declared fish habitat area includes 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 fish habitat area plan for the area.
Escape River FHA–060
Eurimbula FHA–038The 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.
Half Moon Creek FHA–033The 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 fish habitat area plan for the area.
Halifax FHA–024The declared fish habitat area includes the part of lot 408 on CP91644 that is within the outer boundary shown on the fish habitat area plan for the area.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 fish habitat area plan for the area as ‘area A’.
Hays Inlet FHA–012The declared fish habitat area excludes the following—•the area (the excluded area) of Hays 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–028The 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 fish habitat area plan for the area.
Hull River FHA–046The 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– BroadwaterFHA–021 (revision 2)The declared fish habitat area includes the following—•the esplanade surrounding lot 4 on plan WD2140;•lot 6 on plan WD2107•lot 4 on plan WD2140•lots 1 and 2 on plan SP267495;•the parts of the following lots that are within the outer boundary shown on the fish habitat area plan for the 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.
Jumpinpin– BroadwaterFHA–021 (revision 2)(continued)The declared fish habitat area excludes the following—•the land that is not tidal land in Southern Moreton Bay Islands National Park within the outer boundary shown on the fish habitat area plan for the area;•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 fish habitat area plan for the area as ‘Area “A”’•the area adjoining Cobby Cobby Island, identified on the fish habitat area plan for the 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 fish habitat area plan for the 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 fish habitat area plan for the 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 (revision 1)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 3 on plan USL37849•lot 26 on plan MCH5091•lot 506 on plan NPW555.
K’gari FHA–053
Kinkuna FHA–002 (revision 2)The declared fish habitat area includes the following—(a)the part of lot 112 on plan CK3120 within the outer boundary shown on the fish habitat area plan for the area(b)the part of the esplanade on the northern bank of Coonar Creek within the outer boundary shown on the fish habitat area plan for the area.
Kippa-Ring FHA–014 (revision 1)
Kolan River FHA–032 (revision 1)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 9 on plan USL43090•lot 12 on plan USL43095•lot 27 on plan USL43085•lot 49 on CP844223•lots 54 and 58 on plan USL43100•lot 59 on CP892216•lot 66 on plan CK2294•lot 90 on plan C37415•lots 92 and 189 on plan CK3500.
Maaroom FHA–056 (revision 1)The declared fish habitat area excludes the following—•lot 8 on plan USL34791•lot 13 on plan FS84•lot 14 on plan MCH1501•lot 41 on plan MCH2695•lot 47 on plan MCH3043.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 1 on plan AP21285•lot 1 on plan AP21287•lot 1 on plan AP23486• lot 4 on plan AP2756•lots 4, 5, 7, 8, 9 and 10 on plan USL34794•lots 7, 8, 9, 10 and 15 on plan USL34793•lot 9 on plan SP219811•lots 10 and 15 on plan USL36934•lot 17 on plan AP20933•lot 25 on plan SP107058•lot 38 on plan MCH3464•lot 46 on plan MCH5105•lot 49 on plan MCH3542•lot 506 on plan NPW555.
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 fish habitat area plan for the area•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–001The 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–017The 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–010The declared fish habitat area excludes land within lot 12 on plan VCL32998 that is not tidal land.
Pimpama FHA–022The declared fish habitat area includes lots 88 and 89 on plan WD6507.
Pine River Bay FHA–073The declared fish habitat area includes the tidal lands on lots 4, 5, 6, 7 and 8 on plan WP50.
Princess Charlotte Bay FHA–043The 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.The declared fish habitat area excludes the part of lot 16 on SP224292 that is not tidal land.
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–004The 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–057The 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–068The 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 (revision 1)
Tallebudgera Creek FHA–019The declared fish habitat area includes lot 94 on plan WD6256.
Temple Bay FHA–058The declared fish habitat area includes the following—•the part of the esplanade that is shown on the fish habitat area plan for the area as within the boundary of the 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 (revision 1)
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 fish habitat area plan for the area—•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–045The declared fish habitat area includes the following—•lot 116 on plan CWL2112•that part of lot 234 on plan CWL1830 within the outer boundary shown on the fish habitat area plan for the area.
West Hill FHA–039The 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–041The 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 amd 2020 SL No. 236 s 77; 2024 SL No. 25 s 4Schedule 4Matters for particular fisheries offences under the Actsections 97 and 98Part 1Prescribed quantities for priority fishPriority fishCommercial quantity
numbervolume (L)weight equivalent (kg)
barramundi2555
black jewfish517.5 (or 2 if only bladders)
mud crab3528 (or 14 if only meat)
Murray cod1030
prawn50
ray525 (or 5 if only fins)
redthroat emperor4040
regulated coral trout3535
sea cucumber2525
shark525 (or 5 if only fins)
snapper2020
spanish mackerel1550
tropical rocklobster2525
Part 2Waters in which non-indigenous fisheries resources may be releasedColumn 1Column 2
Queensland watersNon-indigenous fisheries resources
Albert river basinAustralian lungfish
golden perch
Mary River cod
Auburn river basinAustralian bass
barramundi
golden perch
silver perch
Southern saratoga
Barambah river basinAustralian bass
barramundi
golden perch
silver perch
Southern saratoga
Barron river basinkhaki grunter
sooty grunter
Belyando river basinsooty grunter
Bowen river basinsooty grunter
Boyne river basinsilver perch
Southern saratoga
Bremer river basinAustralian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Brisbane river basinAustralian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Burdekin river basinsooty grunter
Burnett river basinAustralian bass
golden perch
silver perch
Southern saratoga
Burrum river basinAustralian bass
golden perch
silver perch
Southern saratoga
Caboolture river basingolden perch
Mary River cod
silver perch
Comet river basinbarramundi
Dawson river basinbarramundi
silver perch
Fitzroy river basinsilver perch
Gregory river basinAustralian bass
Kolan river basinAustralian bass
silver perch
Lake BorumbaSouthern saratoga
Lake MacdonaldSouthern saratoga
Lockyer river basinAustralian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Logan river basinAustralian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Mackenzie river basinbarramundi
Maroochy river basingolden perch
Mary River cod
silver perch
Mary river basinAustralian bass
golden perch
silver perch
Nogoa river basinbarramundi
silver perch
Nogo river basinAustralian bass
barramundi
golden perch
silver perch
Southern saratoga
North Pine river basinAustralian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
Southcoast river basinAustralian lungfish
golden perch
silver perch
Southern saratoga
South Pine river basinAustralian lungfish
golden perch
Mary River cod
silver perch
Stanley river basinAustralian bass
Australian lungfish
golden perch
Mary River cod
silver perch
Southern saratoga
sch 4 amd 2020 SL No. 236 s 194Schedule 5Fees for resource allocation authoritiessection 137Fee units
1Assessment of application for resource allocation authority (Act, s 54(1)(b))—
(a)for a prescribed declared fish habitat area development—
(i)for a level 1 assessment636.95
(ii)for a level 2 assessment1,961.70
(iii)for a level 3 assessment3,760.10
(iv)for a level 4 assessment7,682.40
(v)for a level 5 assessment19,125.45
(b)for a development that is—
(i)building work mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d); or
(ii)operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce636.95
(c)for prescribed aquaculture development—
(i)for a level 1 assessment636.95
(ii)for a level 2 assessment1,961.70
(iii)for a level 3 assessment3,760.10
(iv)for a level 4 assessment7,682.40
(v)for a level 5 assessment19,125.45
2Assessment of application for renewal of resource allocation authority (Act, s 56(4)(b))636.95
sch 5 sub 2019 SL No. 222 s 3; 2020 SL No. 152 s 18; 2021 SL No. 85 s 18amd 2022 SL No. 52 s 19; 2024 SL No. 196 s 14Schedule 6Other feessections 139(1), 140, 141(5), definition additional administrative feePart 1Fees for licencesFee units
1Application for issue of a licence (Act, s 54(1)(b))346.85
2Annual fee346.85
3Additional administrative fee if annual fee paid in 2 payments (s 141(5))33.95
Part 2Fees for fishery symbols or quota authoritiesFishery symbol or quota authorityFee units
East coast trawl fishery
M1nil
M2402.35
T1nil
T2nil
T5402.35
T6402.35
T7402.35
T8402.35
T9402.35
effort unit for a trawl region0.42
Commercial line fisheries
L1402.35
L2402.35
L3402.35
L41,179.00
L81,179.00
Commercial net fisheries
K1804.65
K2804.65
K3804.65
K4804.65
K5804.65
K6804.65
K7804.65
K8804.65
N31,526.05
N101,179.00
N11208.05
N1224,243.05
N1313,468.40
ENL-ITQ unit0.10
Commercial crab fisheries
C1402.35
C2nil
C3402.35
C2-ITQ unit1.04
BC1-ITQ unit3.48
EC1-ITQ unit2.43
GC1-ITQ unit3.88
Hand-harvest fisheries
A1402.35
A2131.80
E131.80
F131.80
G131.80
H131.80
JE131.80
O69.36/area
P402.35
W1131.80
W2131.80
Y131.80
B1B-ITQ unit0.14
B1W-ITQ unit0.14
B1O-ITQ unit0.14
DO-ITQ unit0.07
DS-ITQ unit0.07
J1-ITQ unit0.14
R-ITQ unit0.42/unit
DS22-ITQ unitnil
DS23-ITQ unitnil
DS28-ITQ unitnil
DS36-ITQ unitnil
DS39-ITQ unitnil
DS48-ITQ unitnil
DS74-ITQ unitnil
Other commercial fisheries
SMnil
SM unit0.21
T4402.35
T4-ITQ unit0.04
RQnil
CT line unit0.42
OS line unit0.21
RTE line unit0.21
Part 3Other feesFee units
1Application for developmental fishing permit (Act, s 54(1)(b))6,520.05
2Application for indigenous fishing permit (Act, s 54(1)(b))nil
3Application for stocked impoundment permit (Act, s 54(1)(b))—
(a)if the permit is issued for 1 week12.00
(b)if the permit is issued for 1 year to a 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 conditions41.00
(c)if the permit is issued for 1 year to a person other than a person mentioned in paragraph (b)57.00
4Application for a filleting permit or general fisheries permit (Act, s 54(1)(b))346.85
5Request to amend a licence under section 63(4)(d) of the Act—
(a)if the request is to replace a boat identified in the licence173.45
(b)otherwiseat reasonable cost, but no more than actual cost
6Application to move a fishery symbol to another licence (Fisheries (Commercial Fisheries) Regulation 2019, section 62(3)(b)(i))173.45
7Application to register the transfer of an authority (Act, s 65A(4))—
(a)for a temporary transfer under s 65C of the Act34.75
(b)otherwise173.45
8Application for a replacement authority (Act, s 71(2)(b))34.75
9Fee for a person to inspect, take extracts from, or obtain a copy of details in, the register (Act, s 73(4))
the reasonable cost, but no more than the actual cost, of allowing the person to inspect, take extracts from, or obtain a copy of details in, the register
10Application for a certificate about an authority (Act, s 74(3))173.45
sch 6 sub 2019 SL No. 222 s 3; 2020 SL No. 152 s 18; 2021 SL No. 85 s 18amd 2020 SL No. 236 s 195 (amd 2021 SL No. 85 s 21); 2022 SL No. 52 s 20; 2023 SL No. 44 s 22; 2023 SL No. 194 s 38Schedule 7References relating to particular fishsection 16Part 1Scientific names for fish1Definitions for partIn this part—alternative, in relation to a scientific name for a species of fish, includes a variation of the name.prescribed reference document see section 3(1)(a).species includes another taxonomic grouping.2Scientific names generallyThe scientific name for a species of fish mentioned in column 1 of a table in this schedule is the scientific name stated opposite the species of fish in column 2.3Relevant reference documentsThe scientific name for a species of fish mentioned in a provision follows—(a)generally—the scientific name for the species stated in a document mentioned in part 7 (a prescribed reference document); or(b)if scientific names for the species, including alternative scientific names, are stated in more than 1 prescribed reference document—the scientific name for the species stated in the prescribed reference document with the lowest item number.
4Different scientific name in prescribed reference document(1)This section applies if—(a)a provision (the relevant provision) refers to a scientific name for a species of fish; and(b)either of the following applies—(i)the scientific name for the species of fish stated in a prescribed reference document is amended;(ii)the scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and
(c)because of the matter mentioned in paragraph (b), section 3 cannot be applied to the reference to the scientific name for the species of fish in the relevant provision.
(2)The reference to the scientific name for the species of fish in the relevant provision may, if the context permits, be taken to be a reference to—(a)if subsection (1)(b)(i) applies—the scientific name for the species of fish as stated in the prescribed reference document after the amendment; or(b)if subsection (1)(b)(ii) applies—the alternative scientific name for the species of fish stated in the prescribed reference document.
Part 2Regulated coral reef fin fish1Reference to group of regulated coral reef fin fish includes other taxonomic groupingA reference to a group of species of fish identified in a table in this part is a reference to a group consisting of each species of fish expressly mentioned in the table and each other taxonomic grouping of the fish.Table 1—Particular cod and grouper
Column 1Column 2
Common nameScientific name
barramundi codCromileptes altivelis
bar rockcodEpinephelus ergastularius and Epinephelus septemfasciatus
bass groperPolyprion americanus
birdwire rockcodEpinephelus merra
blacksaddle rockcodEpinephelus howlandi
blacktip rockcodEpinephelus fasciatus
bluelined rockcodCephalopholis formosa
bluespotted rockcodCephalopholis cyanostigma
brownbarred rockcodCephalopholis boenak
camouflage grouperEpinephelus polyphekadion
Chinaman rockcodEpinephelus rivulatus
comet grouperEpinephelus morrhua
coral grouperEpinephelus corallicola
coral rockcodCephalopholis miniata
dot-head rockcodCephalopholis microprion
eightbar grouperEpinephelus octofasciatus
flagtail rockcodCephalopholis urodeta
flowery rockcodEpinephelus fuscoguttatus
foursaddle grouperEpinephelus spilotoceps
greasy rockcodEpinephelus tauvina
hapukuPolyprion oxygeneios
highfin grouperEpinephelus maculatus
leopard rockcodCephalopholis leopardus
longfin rockcodEpinephelus quoyanus
Maori rockcodEpinephelus undulatostriatus
peacock rockcodCephalopholis argus
potato rockcodEpinephelus tukula
purple rockcodEpinephelus cyanopodus
Queensland groperEpinephelus lanceolatus
radiant rockcodEpinephelus radiatus
redmouth rockcodAethaloperca rogaa
sixband rockcodCephalopholis sexmaculata
sixbar grouperEpinephelus sexfasciatus
snubnose grouperEpinephelus macrospilos
speckled grouperEpinephelus magniscuttis
specklefin grouperEpinephelus ongus
strawberry rockcodCephalopholis spiloparaea
thinspine grouperGracila albomarginata
tomato rockcodCephalopholis sonnerati
whitelined rockcodAnyperodon leucogrammicus
whitespotted grouperEpinephelus coeruleopunctatus
wirenet rockcodEpinephelus hexagonatus
yellowspotted rockcodEpinephelus areolatus
Table 2—Particular coral trout
Column 1Column 2
Common nameScientific name
barcheek coral troutPlectropomus maculatus
bluespotted coral troutPlectropomus laevis
common coral troutPlectropomus leopardus
coral troutPlectropomus spp. and Variola spp.
passionfruit coral troutPlectropomus areolatus
vermicular codPlectropomus oligacanthus
white-edge coronation troutVariola albimarginata
yellowedge coronation troutVariola louti
Table 3—Particular emperor
Column 1Column 2
Common nameScientific name
bigeye seabreamMonotaxis grandoculis
collar seabreamGymnocranius audleyi
goldspot seabreamGnathodentex aureolineatus
longnose emperorLethrinus olivaceus
miscellaneous emperor, other than grass emperorLethrinus spp., other than Lethrinus laticaudis
Mozambique seabreamWattsia mossambica
orangespotted emperorLethrinus erythracanthus
orangestriped emperorLethrinus obsoletus
ornate emperorLethrinus ornatus
paddletail seabreamGymnocranius euanus
spotcheek emperorLethrinus rubrioperculatus
redspot emperorLethrinus lentjan
redthroat emperorLethrinus miniatus
Robinson’s seabreamGymnocranius grandoculis
seabreamGymnocranius spp.
spangled emperorLethrinus nebulosus
threadfin emperorLethrinus genivittatus
thumbprint emperorLethrinus harak
variegated emperorLethrinus variegatus
yellowlip emperorLethrinus xanthochilus
yellowtail emperorLethrinus atkinsoni
Table 4—Fusilier
Column 1Column 2
Common nameScientific name
fusilierfamily Caesionidae
Table 5—Particular parrotfish
Column 1Column 2
Common nameScientific name
bicolour parrotfishCetoscarus bicolor
bumphead parrotfishBolbometopon muricatum
miscellaneous parrotfishfamily Scaridae
Table 6—Particular surgeonfish
Column 1Column 2
Common nameScientific name
surgeonfishAcanthurus spp. and Ctenochaetus spp.
unicornfishNaso spp. and Prionurus spp.
Table 7—Particular sweetlip
Column 1Column 2
Common nameScientific name
miscellaneous sweetlipPlectorhinchus spp.
painted sweetlipDiagramma pictum labiosum
Table 8—Particular tropical snapper and seaperch
Column 1Column 2
Common nameScientific name
bigeye snapperLutjanus lutjanus
black-and-white snapperMacolor niger
blackspot snapperLutjanus fulviflamma
blacktail snapperLutjanus fulvus
bluestriped snapperLutjanus kasmira
brownstripe snapperLutjanus vitta
ChinamanfishSymphorus nematophorus
crimson snapperLutjanus erythropterus
darktail snapperLutjanus lemniscatus
fiveline snapperLutjanus quinquelineatus
flame snapperEtelis coruscans
goldband snapperPristipomoides multidens and Pristipomoides typus
green jobfishAprion virescens
hussarLutjanus adetii
lavender snapperPristipomoides sieboldii
Maori snapperLutjanus rivulatus
midnight snapperMacolor macularis
miscellaneous jobfish and snapper, other than mangrove jack and golden snapperAphareus spp., Etelis spp., Pristipomoides spp., and Lutjanus spp., other than Lutjanus argentimaculatus and Lutjanus johnii
Moses snapperLutjanus russelli
onespot snapperLutjanus monostigma
paddletailLutjanus gibbus
red bassLutjanus bohar
red emperorLutjanus sebae
rosy snapperPristipomoides filamentosus
ruby snapperEtelis carbunculus
saddletail snapperLutjanus malabaricus
sailfin snapperSymphorichthys spilurus
smalltooth jobfishAphareus furca
stripey snapperLutjanus carponotatus
Table 9—Particular wrasse
Column 1Column 2
Common nameScientific name
anchor tuskfishChoerodon anchorago
blackspot tuskfishChoerodon schoenleinii
blue tuskfishChoerodon cyanodus
humphead Maori wrasseCheilinus undulatus
pigfishBodianus spp.
purple tuskfishChoerodon cephalotes
redbreast Maori wrasseCheilinus fasciatus
tripletail Maori wrasseCheilinus trilobatus
Venus tuskfishChoerodon venustus
Part 3Particular non-indigenous fishColumn 1Column 2
Common nameScientific name
African monoMonodactylus sebae
angel fishPterophyllum spp.
archerfishToxotes jaculatrix
Argentine bloodfin (tetra)Aphyocharax anisitsi
armoured (cory) catfishCorydoras spp.
asoka barbPuntius asoka
auratusMelanochromis auratus
banded barbBarbodes pentazona
banded leporinusLeporinus fasciatus
bettaBetta spp.
big-spot rasboraRasbora kalochroma
bitterlingRhodeus amarus and Rhodeus sericeus
black-banded headstanderChilodus punctatus
black-banded osteochilusOsteochilus vittatus
black-finned rummy-nosePetitella georgiae
black ghost knife fishApteronotus albifrons
black-line silver hatchet fishGasteropelecus spp.
black phantom tetraMegalamphodus megalopterus
black ruby barbPuntius nigrofasciatus
black sharkMorulius chrysophekadion
black-spot filament barbPuntius filamentosus
black-spotted upsidedown catfishSynodontis nigriventris
black tetraGymnocorymbus ternetzi
blind cave tetraAstyanax mexicanus
blue acaraAequidens pulchrus
blue gouramiTrichogaster trichopterus
blue line rasboraRasbora taeniata
brichardiLamprologus brichardi
bumblebee fishBrachygobius spp.
butterfly fishPantodon buchholzi
cardinal tetraParacheirodon axelrodi
Celebes rainbowTelmatherina ladigesi
chalinochromisChalinochromis spp.
checkerboard barbCapoeta oligolepis
cherry barbCapoeta titteya
Chinese algae eaterGyrinocheilos aymonieri
chocolate gouramiSphaerichthys osphromenoides
clown barbBarbodes everetti
clown loachBotia macracantha
Cochu’s blue tetraBoehlkea fredcochui
common brochisBrochis splendens
Congo tetraPhenacogrammus interruptus
copper striped rasboraRasbora leptosoma
croaking gouramiTrichopsis vittatus
Cumming’s barbPuntius cummingi
discusSymphysodon spp.
duboisiTropheus duboisi
dusky kribPelvicachromis pulcher
dwarf cichlidApistogramma spp.
dwarf flag cichlidAequidens curviceps
dwarf gouramiColisa lalia
dwarf lattice cichlidNannacara spp.
dwarf loachBotia sidthimunki
elegant rasboraRasbora elegans
elephantnoseGnathonemus macrolepidotus
elephantnose (Peter’s)Gnathonemus petersii
emperor tetraNematobrycon palmeri
false magnificant rasboraRasbora borapetensis
flag cichlidCichlasoma festivum
flagtail porthole catfishDianema urostriata
flying foxEpalzeorhynchus kalopterus
freshwater flounderTrinectes maculatus
Frideric’s leporinusLeporinus friderici
giant danioDanio aequipinnatus
glass barbPuntius puellus
glass bloodfinPrionobrama filigera
glass catfishKryptopterus bicirrhis
glass fishChanda spp.
gold-cheek kribPelvicachromis subocellatus
golden dwarf cichlidNannacara anomala
golden gouramiTrichogaster trichopterus
goldfishCarassius auratus
gold line rasboraRasbora steineri
guppyPoecilia reticulata
hard lipped barbOsteochilus hasseltii
harlequin rasboraRasbora heteromorpha
hatchetfishCarnegiella and Thoracocharax spp.
headstanderAbramites hypselonotus and Anostomus spp.
hi-spot rasboraRasbora dorsiocellata
honey dwarf gouramiColisa chuna
Indian hatchetfishChela laubuca
Javanese rice fishOryzias javanicus
julieJulidochromis spp.
Kerr’s danioBrachydanio kerri
keyhole cichlidAequidens maroni
killie fishAphyosemion spp.
kissing gouramiHelostoma temmincki
kooli barbPuntius vittatus
kuhli loachAcanthophthalmus kuhli
latticed cichlidLimnotilapia dardennii
leopard danioBrachydanio frankei
lipstick leporinusLeporinus arcus
little giant gouramiColisa fasciata
long-band rasboraRasbora einthoveni
longfin barbCapoeta arulius
long-finned African tetraBrycinus longipinnis
Malayan flying barbEsomus malayensis
Malayan halfbeakDermogenys pusillus
medakaOryzias latipes
melanochromisMelanochromis similis
microbryconMicrobrycon fredcochui
monoMonodactylus argenteus
moonlight gouramiTrichogaster microlepis
mooriiTropheus moorii
multi-banded leporinusLeporinus multifasciatus
Myers’s hillstream loachPseudogastromyzon myersi
neon tetraParacheirodon innesi
opaline gouramiTrichogaster trichopterus
orange-finned rasboraRasbora vaterifloris
ornate pimelodusPimelodus ornatus
oscarAstronotus ocellatus
panchaxAplocheilus and Epiplatys spp.
paradise fish (only males)Macropodus opercularis
pearl danioBrachydanio albolineatus
pearl gouramiTrichogaster leeri
pencil fishNannostomus and Poecilobrycon spp.
penguin fishThayeria spp.
platyXiphophorus maculatus
platy variatusXiphophorus variatus
poorman’s glass catfishKryptopterus macrocephalus
pristellaPristella maxillaris
pygmy gouramiTrichopsis pumilus
rainbow fishGlossolepsis, Chilatherina, Melanotaenia spp.
rainbow sharkLabeo erythrurus
ramMicrogeophagus ramirezi
red-finned black sharkLabeo bicolor
red-finned sharkLabeo frenatus
red line rasboraRasbora pauciperforata
red-striped barbPuntius bimaculatus
rosy barbPuntius conchonius
saddled hillstream loachHomaloptera orthogoniata
sailfin mollyPoecilia latipinna
sarawak rasboraRasbora sarawakensis
scissortail rasboraRasbora trilineata
Siamese flying foxEpalzeorhynchus siamensis
silver prochilodusProchilodus insignis
silver rasboraRasbora argyrotaenia
sphenops molliePoecilia sphenops
spiny eelMacrognathus aculeatus
spot-tailed leporinusLeporinus melanopleura
spot-tailed rasboraRasbora caudimaculata
spotted danioBrachydanio nigrofascicatus
spotted leporinusLeporinus maculatus
spotted rasboraRasbora maculata
striped barbPuntius lineatus
striped kribensisPelvicachromis taeniatus
striped leporinusLeporinus striatus
sucker catfishOtocinclus arnoldi
Swegle’s tetraMegalamphodus sweglesi
swordtailXiphophorus helleri
tetraHemigrammus, Hyphessobrycon and Moenkhausia spp.
thick-lipped gouramiColisa labiosa
thin-banded barbCapoeta semifasciolatus
tic-tac-toe barbPuntius ticto
tiger barbCapoeta tetrazona
tricolor sharkBalantiocheilos melanopterus
twig catfishFarlowella acus
variegated sharkLabeo variegatus
whiptail catfishLoricaria filamentosa
white cloud mountain minnowTanichthys albonubes
yellow tail rasboraRasbora dusonensis
Yucatan molliePoecilia velifera
zebra danioBrachydanio rerio
Part 4Particular freshwater fishColumn 1Column 2
Common nameScientific name
Agassiz’s glassfishAmbassis agassizii
Aru gudgeonOxyeleotris aruensis
Australian bassMacquaria novemaculeata
Australian lungfishNeoceratodus forsteri
Australian smeltRetropinna semoni
banded rainbowfishMelanotaenia trifasciata
Barcoo grunterScortum barcoo
barred grunterAmniataba percoides
blackbanded rainbowfishMelanotaenia nigrans
blackmastCraterocephalus stramineus
Bloomfield River codGuyu wujalwujalensis
blue catfishNeoarius graeffei
bony breamNematalosa erebi
boofhead catfishNeoarius leptaspis
Celebes flathead gobyGlossogobius sp 1
chequered rainbowfishMelanotaenia inornata
cherabinsMacrobrachium rosenbergii or Macrobrachium lar
coal grunterHephaestus carbo
concave flathead gobyGlossogobius concavifrons
Cooper Creek catfishNeosiluroides cooperensis
crimson spotted rainbowfishMelanotaenia duboulayi
delicate blue eyePseudomugil tenellus
desert gobyChlamydogobius eremius
desert rainbowfishMelanotaenia tatei
Eastern rainbowfishMelanotaenia splendida
Edgbaston hardyheadCraterocephalus sp.
elongate glassfishAmbassis elongatus
empire gudgeonHypseleotris compressa
fimbriate gudgeonOxyeleotris fimbriata
firetail gudgeonHypseleotris galii
flagtail glassfishAmbassis miops
flathead gudgeonPhilypnodon grandiceps
forktail catfishfamily Ariidae
freshwater catfishTandanus tandanus
freshwater longtomStrongylura krefftii
freshwater prawnfamily Palaemonidae
Gilbert’s grunterPingalla gilberti
golden flathead gobyGlossogobius aureus
golden perchMacquaria ambigua
Gulf GrunterScortum ogilbyi
highfin catfishNeoarius berneyi
jungle perchKuhlia rupestris
khaki grunterHephaestus tulliensis
Lake Eacham rainbowfishMelanotaenia eachamensis
Lake’s carp gudgeonHypseleotris sp B
leathery grunterScortum hillii
longfin eelAnguilla reinhardtii
Lorentz grunterPingalla lorentzi
Macleay’s glassfishAmbassis macleayi
Mary River codMaccullochella mariensis
McCulloch’s rainbowfishMelanotaenia maccullochi
Midgley’s carp gudgeonHypseleotris sp A
Mueller’s glassfishAmbassis mulleri
Mulgrave gobyGlossogobius sp B
Murray codMaccullochella peelii peelii
Murray River rainbowfishMelanotaenia fluviatilis
Myross hardyheadCraterocephalus sp.
Northern purplespotted gudgeonMogurnda mogurnda
Northern saratogaScleropages jardinii
Obbes’ catfishPorochilus obbesi
ornate rainbowfishRhadinocentrus ornatus
Pacific blue eyePseudomugil signifer
Pacific shortfin eelAnguilla obscura
pennyfishDenariusa australis
poreless gudgeonOxyeleotris nullipora
redclawCherax quadricarinatus
Rendahl’s catfishPorochilus rendahli
river blackfishGadopsis marmoratus
Roman-nose gobyAwaous acritosus
sailfin glassfishAmbassis agrammus
scaleless gobySchismatogobius insignum
sevenspot archerfishToxotes chatareus
silver catfishPorochilus argenteus
silver cobblerNeoarius midgleyi
silver perchBidyanus bidyanus
sleepy codOxyeleotris lineolata
smallhead grunterScortum parviceps
snakehead gudgeonGiurus margaritacea
sooty grunterHephaestus fuliginosus
Southern purplespotted gudgeonMogurnda adspera
Southern saratogaScleropages leichardti
Southern shortfin eelAnguilla australis
spangled perchLeiopotherapon unicolor
speckled gobyRedigobius bikolanus
spiny crayfishEuastacus spp.
spotted blue eyePseudomugil gertrudae
spotted flagtailKuhlia marginata
square blotch gobyGlossogobius sp C
striped gudgeonGobiomorphus australis
tank gobyGlossogobius giurus
threadfin rainbowfishIriatherina werneri
Utchee Creek rainbowfishMelanotaenia utcheenis
Welch’s grunterBidyanus welchi
western carp gudgeonHypseleotris klunzingeri
yabbyCherax destructor
sch 5 pt 4 amd 2024 SL No. 196 s 15(1)–(2)Part 5Particular fish found in the fishery area of the east coast trawl fisheryColumn 1Column 2
Common nameScientific name
Balmain bugIbacus spp.
cuttlefishMetasepia spp., Sepia spp.
deepwater bugIbacus alticrenatus
goatfishfamily Mullidae
mantis shrimpfamily Squillidae
Moreton Bay bugThenus spp.
octopusOctopus spp.
pipefishSolegnathus dunckeri, Solegnathus hardwickii
prawnfamily Penaeidae
red champagne lobsterLinuparus trigonus
saucer scallopYilstrum balloti
scallopfamily Pectinidae
shovel-nosed lobsterIbacus brucei
slipper lobsterScyllarides spp.
smooth bugIbacus chacei
squidLoliolus, Nototodarus, Photololigo, Sepioteuthis spp.
threadfin breamfamily Nemipteridae
three-spotted crabPortunus sanguinolentus
yellowtail scadTrachurus novaezelandiae and Trachurus declivis
sch 7 pt 5 amd 2020 SL No. 236 s 78(1)Part 6Other particular fishColumn 1Column 2
Common nameScientific name
albacoreThunnus alalunga
amberfishThelenota anax
amberjackSeriola dumerili and S. rivoliana
Australian anchovyEngraulis australis
Australian sardineSardinops neopilchardus or Sardinops sagax
barramundiLates calcarifer
barred javelinPomadasys kaakan
beachwormfamily Onuphidae
bigeye tunaThunnus obesus
billfishfamilies Istiophoridae and Xiphiidae
bivalve molluscclass Bivalvia
black jewfishProtonibea diacanthus
blacklip oysterStriostrea mytiloides
blacklip pearl oysterPinctada margaritifera
blackspotted rockcodEpinephelus malabaricus
black teatfishHolothuria whitmaei (previously Holothuria nobilis)
bloodwormfamily Eunicidae
blue swimmer crabPortunus armatus
blue threadfinEleutheronema tetradactylum
cobiaRachycentron canadum
common hardyheadAtherinomorus vaigiensis
Cribb Island wormMarphysa mullawa
diamondscale mulletLiza vaigiensis
Dorab wolf herringChirocentrus dorab
dusky flatheadPlatycephalus fuscus
eelAnguilla spp.
fanfishfamily Bramidae
flatheadPlatycephalus spp.
freshwater mulletTrachystoma petardi
garfishfamily Hemiramphidae
gastropodclass Gastropoda
giant clamfamily Tridacnidae
giant helmet shellCassis cornuta
giant queenfishScomberoides commersonnianus
goldenline whitingSillago analis
golden snapperLutjanus johnii
goldlip pearl oysterPinctada maxima
goldspotted rockcodEpinephelus coioides
grass emperorLethrinus laticaudis
great barracudaSphyraena barracuda
green snailTurbo marmoratus
grey mackerelScomberomorus semifasciatus
grey reef sharkCarcharhinus amblyrhynchos
guitarfishfamily Rhynchobatidae
hammerhead sharkfamily Sphyrnidae
helmet shellCassis cornuta
herringgenus Herklotsichthys
king threadfinPolydactylus macrochir
largetooth sawfishPristis pristis
longtail tunaThunnus tonggol
luderickGirella tricuspidata
mahi mahiCoryphaena spp.
mangrove jackLutjanus argentimaculatus
manta rayManta spp.
marayEtrumeus teres
marine yabbyTrypaea australiensis
milky oysterSaccostrea cuccullata
mud crabScylla spp.
mulletfamily Mugilidae
mullowayArgyrosomus holoepidotus
Northern bluefin tunaThunnus orientalis
Northern whitingSillago sihama
ornate crayfishPanulirus ornatus
pearl oyster—see entries for blacklip pearl oyster and goldlip pearl oyster
pearl perchGlaucosoma scapulare
pickhandle barracudaSphyraena jello
pikey breamAcanthopagrus berda
pipifamily Donacidae
pomfretfamily Bramidae
prickly redfishThelenota ananas
queenfishScomberoides spp.
rayorders Myliobatiformes, Rajiformes, Torpediniformes, Rhiniformes and Rhinobatiformes
redfishCentroberyx affinis
red spot whitingSillago flindersi
samsonfishSeriola hippos
sandfishHolothuria scabra
sandtiger sharkOdontaspis ferox
sand whitingSillago ciliata
sawfishfamily Pristidae
scalloped hammerheadSphyrna lewini
scaly jewfishNibea squamosa
school mackerelScomberomorus queenslandicus
sea cucumberfamilies Holothuriidae and Stichopodidae
sea mulletMugil cephalus
sharkorders Carcharhiniformes, Lamniformes and Orectolobiformes
shark mackerelGrammatorcynus bicarinatus
shovelnose rayfamily Rhinobatidae
silver biddyGerres subfasciatus
silver javelinPomadasys argenteus
skipjack tunaKatsuwonus pelamis
smooth-clawed rock crabLeptodius affinis
snapperChrysophrys auratus
soldier crabMictyris longicarpus
Southern bluefin tunaThunnus maccoyii
spanish mackerelScomberomorus commerson
spanner crabRanina ranina
speartooth sharkgenus Glyphis
spotted mackerelScomberomorus munroi
stout whitingSillago robusta
swallowtail dartTrachinotus coppingeri
tailorPomatomus saltatrix
tarwhineRhabdosargus sarba
teraglinAtractoscion aequidens
three-spotted crabPortunus sanguinolentus
tiger squidSepioteuthis lessoniana
trevallyfamily Carangidae
trochusTrochus niloticus
tropical rocklobsterfamily Palinuridae
trumpeter whitingSillago maculata
trumpet shellCharonia tritonis
wahooAcanthocybium solandri
white sharkCarcharodon carcharias
white teatfishHolothuria fuscogilva
whitetip reef sharkTriaenodon obesus
whitingSillago spp.
yellowfin breamAcanthopagrus australis
yellowfin tunaThunnus albacares
yellowtail kingfishSeriola lalandi
yellowtail pikeSphyraena obtusata
sch 7 pt 6 amd 2020 SL No. 236 s 78(2)–(3); 2021 SL No. 29 s 25; 2023 SL No. 194 s 39; 2024 SL No. 196 s 15(3); 2025 SL No. 42 s 12; 2025 SL No. 68 s 6Part 7Reference documents for scientific names1Rees, 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 at www.marine.csiro.au/caab/.
2Froese, R. and Pauly, D., Editors, 2019, FishBase, World Wide Web electronic publication. Available at www.fishbase.org.
Part 8References to stocks of fish1References to a stock of fish by location generallyA 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.2References to stocks of barramundi by particular locationsIn this regulation—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.Schedule 8References relating to waters or areassection 17Part 1Working out boundaries of waters or areas generally1References 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 the geodetic datum shown on the plan.2References to boundaries, lines, shores and other pointsUnless 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.
3References to waterwaysUnless 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.
4References to banks of waterwaysUnless 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 the waterway finally flows.5References to aids to navigationA reference to a beacon, buoy, lead, light or marine mark is a reference to an aid to navigation (of that kind) under the Transport Operations (Marine Safety) Act 1994, section 104.Part 2Meaning of particular terms used to describe waters or areas6Meaning of 7n mile line7n mile line is a line parallel to the territorial sea baseline and 7n miles out to sea.7Meaning of 25n mile line25n mile line is a line parallel to the territorial sea baseline and 25n miles out to sea.8Meaning of coastal 500m lineCoastal 500m line, around the mainland or an island, means the line worked out as follows—(a)for any part of the mainland or island where there is a coral reef within 100m of the mainland or island—the line every point of which is 500m seaward from the seaward edge of the reef at low water mark;(b)for any other part of the mainland or island—the line every point of which is 500m seaward from the shore of the mainland or island at low water mark.
9Meaning of damA dam is an artificial structure that is designed and constructed to hold water above the level of the banks of a waterway.10Meaning of F↑B sign and SF↑B sign(1)An F↑B is a sign with the marking F↑B on it, erected or displayed by the chief executive.(2)An SF↑B is a sign with the marking SF↑B on it, erected or displayed by the chief executive.11Meaning of full supply levelFull supply level, for an impoundment, is the level of the water surface when the impoundment is holding as much water as it can hold while not affected by flood.12Meaning of inletAn inlet is 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.13Meaning of territorial sea baselineThe territorial sea baseline is 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).Part 3References to particular waters or areas14References 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)A reference to a reference number for a river basin is a reference to the reference number for the river basin shown on the freshwater basins map.(4)In this section—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.15References to drainage divisions by name(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.(3)In this section—freshwater basins map see section 14(4).16Meaning of nearshore watersNearshore waters are tidal waters that are less than 2m deep at low water, but 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.
17Meaning of offshore watersOffshore waters are tidal waters that are at least 2m deep at low water, but 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.
18Meaning of prescribed stocked impoundment(1)Each of the following impoundments is a prescribed stocked impoundment—•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
(2)However, a prescribed stocked impoundment includes only the waters up to the full supply level of the impoundment.Schedule 9References relating to boatssection 181Definition for scheduleIn this schedule—National Standard for Commercial Vessels means the National Standard for Commercial Vessels published by the Australian Maritime Safety Authority on its website.sch 9 s 1 sub 2020 SL No. 236 s 79(1)2Meaning of breadth of particular boatsThe breadth of a boat that is a domestic commercial vessel is the breadth of the boat within the meaning given by the National Standard for Commercial Vessels, Part B, Schedule 3.sch 9 s 2 sub 2020 SL No. 236 s 79(1)3Meaning of depth of particular boatsThe depth of a boat that is a domestic commercial vessel is the depth of the boat worked out under the National Standard for Commercial Vessels, Part B, Schedule 1.sch 9 s 3 sub 2020 SL No. 236 s 79(1)4Meaning of length of particular boatsThe length of a boat that is a domestic commercial vessel is the measured length of the boat worked out under the National Standard for Commercial Vessels, Part B, Schedule 2.sch 9 s 4 sub 2020 SL No. 236 s 79(1)5Meaning of hull units for particular boatsThe hull units, for a boat that is a domestic commercial vessel, is the number of hull units 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 breadth 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.sch 9 s 5 amd 2020 SL No. 236 s 79(2)–(4)6Working out boat engine’s maximum continuous brake kW(1)A boat engine’s maximum continuous brake kW must be worked out from the manufacturer’s recommended maximum continuous brake kW for the boat’s 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.Schedule 10References relating to fishing apparatussection 19Part 1Lines1Bottom set lineA bottom set line is a line that is anchored to the bed of a body of water in which the line is being used.2Cross-lineA cross-line is a line fixed at both ends and set across or in water.3Drum lineA drum line is 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.4Fishing lineA fishing line is fishing apparatus consisting of a line that is hand-held or attached to a rod or reel, but does not include the following—(a)a cross-line;(b)a drum line;(c)a free-floating line;(d)a set line.
5Free-floating lineA free-floating line is a line—(a)with or without a float; and(b)to which is attached a hook; and(c)that is not fixed.
6Set lineA set line is 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 the line 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
Part 2NetsDivision 1Particular types of nets1Beam trawl netA beam trawl net is a net with its mouth attached to a beam or pole to keep the net open.2Bottom set netA bottom set net is a mesh net that is set along the seabed.3Cast netA cast net is a circular net that—(a)is weighted around its outside; and(b)has a rope attached to its centre to allow the net to be cast and retrieved.
4General purpose mesh netA general purpose mesh net is a mesh net that may be used in the net fishery (no. 15) under the fishery provisions about the fishery.sch 10 pt 2 s 4 amd 2023 SL No. 194 s 405Mesh netA mesh net is 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 a net that is neither fixed nor hauled, but does not include a net that is hauled by use of a boat for taking fish.6Otter trawl netAn otter trawl net is a net with its mouth kept open by otter boards and the force of water.7Purse seine netA purse seine net is 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.8Ring netA ring net is a mesh net shot in a way that allows it to encircle the fish being targeted.9Scoop netA scoop net is a mesh net, with a handle, that can be used to take fish by being formed into a scoop.10Seine netA seine net is 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.
11Set mesh netA set mesh net is a mesh net that has—(a)2 or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or(b)a point that is fixed to a boat and another point that is fixed to the ground, the bed of a body of water or a thing.
12Set pocket netA set pocket net is a bag shaped set net placed across a current or tide to trap fish.13Trawl netA trawl net is a net that may be used in the east coast trawl fishery and includes any other fishing apparatus normally used with the net.Examples of other fishing apparatus—ground chains or ropes14Try net(1)A try net is an otter trawl net no longer than 10m, or a beam trawl net no longer than 2.5m, 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.(2)In this section—principal fish see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 4(a).15Tunnel netA tunnel net is 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.Division 2Particular parts of nets or things used with nets16Meaning of back net for a mesh netA back net is a part of a mesh net that—(a)is part of the total length of the mesh net; and(b)is no more than 1 quarter of the total length of the mesh net; 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 net or seine net, remains in the water while the ring net or seine net is being used; and(e)is used as an artificial shore for concentrating fish to remove them from the water.
17Meaning of bar for a trawl netA bar, in relation to mesh in a trawl net, is—(a)for a trawl net that is knotted—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 trawl net that is knotless—a side of a mesh of the net from 1 corner to the next corner.
18Meaning of belly rope for a cod endThe belly rope for a cod end is rope that—(a)is made from at least 12mm polyethylene rope; and(b)runs the length of the cod end.
18AMeaning of diameter of monofilament of a netThe diameter, of monofilament of a net, is the average diameter of the monofilament of 10 meshes of the net, each of which is at least 30cm from the other 9.sch 10 pt 2 s 18A ins 2020 SL No. 236 s 196(1)19Meaning of front opening of a netThe front opening, of a net, is the opening through which fish enter the net.20Meaning of ground chain for an otter trawl netA ground chain is 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.21Meaning of leading edge for a part of a net or thing used with a netThe leading edge, for a part of a net or a thing used with a net, is the edge nearest to the front opening of the net.21AMeaning of monofilament of a netThe monofilament, of a net, is a single continuous filament or strand of synthetic fibre, joined, knitted or woven into meshes.sch 10 pt 2 s 21A ins 2020 SL No. 236 s 196(2)22Meaning of square mesh for a netFor a net, square mesh means netting material orientated so the direction of the mesh twine is longitudinal and transverse to the length of the cod end.23Meaning 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 the 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.24Meaning of tickler chain in relation to a trawl netA tickler chain is 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.25Meaning of trailing edge for a part of a net or thing used with a netThe trailing edge, for a part of a net or a thing used with a net, is the edge furthest from the front opening of the net.Division 3References to particular actions involving nets26Meaning of fix a netFix, 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.27Meaning of haul a netHaul, a net, means gather or retrieve the net or a part of the net, without the use of a boat, for taking fish.28Meaning of set a netSet, a net, means fix the net or part of it in a way that it can trap fish. 29Meaning of shoot a netShoot, a net, means place or spread the net, or part of it, in a way that it can trap fish. 30Meaning of use a netFor a net, use includes—(a)generally, setting and shooting the net; or(b)for a trawl net—(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
Division 4Other matters31References to distances between netsA 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; or(b)for nets on a foreshore—the distance between the nets measured along the shore.
32References 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.33Meaning of length of a net(1)The length, of a beam trawl net, is the distance the net is capable of extending across the beam or pole used to open the net.(2)The length, of a cast net, is 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, is—(a)for an otter trawl net used under the Fisheries (Commercial Fisheries) Regulation 2019, schedule 8, part 3—see schedule 8, section 22(3) of that regulation; 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, is 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, is the total length of the net and the back net in use.34Meaning 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 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 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.35Meaning of behind or in front of in relation to a part of a net or thing used with a net(1)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.(2)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.36Meaning of net that is neither fixed nor hauledA net that is neither fixed nor hauled is 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.
Part 3Traps1Canister trapA canister trap is a trap consisting of a bucket with perforations in the bottom and sides or a similar type of device.2Collapsible trapA collapsible trap is a trap made of rigid material, with 1 or more collapsible sides.3Eel trapAn eel trap is a mesh trap—(a)supported by a rigid rectangular frame; and(b)to which a cod end or pocket is attached.
3AFlow trapA flow trap is a trap consisting of an inclined ramp that can be placed in a flowing waterway and connected to a container capable of trapping eels.sch 10 pt 3 s 3A ins 2020 SL No. 236 s 804Funnel trapA funnel trap is a mesh trap consisting of a rigid frame with funnel-shaped entrances or a similar device.5Pyramid trapA pyramid trap is a mesh trap with a square-shaped base and 4 triangular sides that meet at a point where there is a trap opening.6Round eel trapA round eel trap is a mesh trap—(a)supported by a rigid cylindrical frame; and(b)to which a cod end or pocket is attached.
7Round trapA round trap is a mesh trap supported by a rigid cylindrical frame.Part 4Other fishing apparatus1Crab potA crab pot is 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.2DillyA dilly is fishing apparatus consisting of a frame and a net that hangs below the frame’s horizontal plane when the apparatus is in use.3Hand pumpA hand pump is a hand-operated pump used for taking bait.4HookA 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.
5Lobster loopA lobster loop is fishing apparatus for catching a lobster consisting of a pole— (a)with a loop on one end that can be drawn around the lobster to secure it; and(b)without anything attached that may pierce the carapace of the lobster.
6LureA lure is an artificial bait with 1 or more hooks attached to it.7Shell dredgeA shell dredge is a rigid device that is used for gathering shells as it is dragged along the substrate.8Spear gunA spear gun includes a bow for propelling a spear.9Trawl shoeA trawl shoe, of a beam, otter board or trawl sled, is the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor.Schedule 11Dictionarysection 47n mile line see schedule 8, section 6.25n mile line see schedule 8, section 7.AIVR system see section 124.alternative, for schedule 7, part 1, see schedule 7, part 1, section 1.amidships ...sch 11 def amidships om 2020 SL No. 236 s 81(1)approved way, for chapter 4, part 1, division 3, see section 87.assistant fisher see the Fisheries (Commercial Fisheries) Regulation 2019, section 44.sch 11 def assistant fisher sub 2020 SL No. 236 s 124 sch 2back net see schedule 10, part 2, section 16.bar, in relation to mesh in a trawl net, see schedule 10, part 2, section 17.barramundi (central east coast stock) see schedule 7, part 8, section 2.barramundi (east coast Cape York stock) see schedule 7, part 8, section 2.barramundi (mid north-east coast stock) see schedule 7, part 8, section 2.barramundi (north-west Cape York stock) see schedule 7, part 8, section 2.barramundi (south-east coast stock) see schedule 7, part 8, section 2.barramundi (south-east Gulf of Carpentaria stock) see schedule 7, part 8, section 2.beam ...sch 11 def beam om 2020 SL No. 236 s 81(1)beam trawl net see schedule 10, part 2, section 1.behind, in relation to a part of a net or a thing used with a net, see schedule 10, part 2, section 35(1).belly rope, for a cod end, see schedule 10, part 2, section 18.boat communication notice see section 90(1).boat mark, for a boat used under an authority, see the Fisheries (Commercial Fisheries) Regulation 2019, section 25.bottom set line see schedule 10, part 1, section 1.bottom set net see schedule 10, part 2, section 2.breadth, of a boat that is a domestic commercial vessel, see schedule 9, section 2.sch 11 def breadth ins 2020 SL No. 236 s 81(2)buyer, for chapter 5, part 4, see section 109(a).C1-ITQ unit means a BC1-ITQ unit, EC1-ITQ unit or GC1-ITQ unit.sch 11 def C1-ITQ unit ins 2020 SL No. 236 s 81(2)canister trap see schedule 10, part 3, section 1.cast net see schedule 10, part 2, section 3.central trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 139.sch 11 def central trawl region ins 2020 SL No. 236 s 197(2)charter fishing trip means a trip on a boat involving a person using the boat to take paying passengers to fish as recreational fishers from, or by otherwise using, the boat.Examples of using a boat to fish——1using the boat to tow a tender that is being used for fishing2using the boat as a platform for spearfishing or to fish on a reef or sandbank
coastal 500m line see schedule 8, section 8.collapsible trap see schedule 10, part 3, section 2.commercial fisher see section 5.commercial fisher in control, of a fishing operation, see section 15B.sch 11 def commercial fisher in control ins 2020 SL No. 236 s 197(2)commercial fishery see section 10.commercial fishing apparatus see section 7(1).commercial fishing boat means a primary boat or a tender boat.crab pot see schedule 10, part 4, section 1.cross-line see schedule 10, part 1, section 2.dam see schedule 8, section 9.day, of a fishing operation, see section 15A(2).sch 11 def day ins 2020 SL No. 236 s 197(2)department’s website means a website, or part of a website—(a)administered by the department; and(b)with a URL that contains qld.gov.au.
depth, of a boat that is a domestic commercial vessel, see schedule 9, section 3.sch 11 def depth amd 2020 SL No. 236 s 81(3)detected by vessel tracking equipment, in relation to the location or movement of a boat, means the details of the location or movement have been sent to the chief executive from the vessel tracking equipment installed on the boat.development see the Planning Act, schedule 2.diameter, of monofilament of a net, see schedule 10, part 2, section 18A.sch 11 def diameter ins 2020 SL No. 236 s 197(2)dilly see schedule 10, part 4, section 2.domestic commercial vessel see the domestic commercial vessel national law, section 7.domestic commercial vessel (class 1, 2 or 4) means 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.domestic commercial vessel national law see the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, section 20.drainage division see schedule 8, section 15.drum line see schedule 10, part 1, section 3.eel trap see schedule 10, part 3, section 3.ends, for a fishing operation, see section 15A(1).sch 11 def ends ins 2020 SL No. 236 s 197(2)ENL-ITQ unit means a GM5-ITQ unit, SCM5-ITQ unit or WT5-ITQ unit.sch 11 def ENL-ITQ unit ins 2020 SL No. 236 s 81(2)sub 2023 SL No. 194 s 41entitlement—(a)under effort units, see the Fisheries (Commercial Fisheries) Regulation 2019, section 69; or(b)under a C2-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 99; or(c)under a CT line unit, OS line unit or RTE line unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 93; or(d)under an SM unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 86; or(e)under a T4-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 104; or(f)under an ENL-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 106E; or(g)under a C1-ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 106L; or(h)under a hand-harvest ITQ unit, see the Fisheries (Commercial Fisheries) Regulation 2019, section 106T.
sch 11 def entitlement amd 2020 SL No. 236 ss 81(4), 197(3)–(4)F↑B sign see schedule 8, section 10(1).fin fish means a fish that has a fin at any stage of its life cycle.fisher PIN means the fisher PIN for line units, SM units, or T4-ITQ units under the Fisheries (Commercial Fisheries) Regulation 2019.fishery area, of a commercial fishery, means the area stated in a fishery provision about the fishery as the fishery area of the fishery.fishery provision, about a commercial fishery, means a provision of the Fisheries (Commercial Fisheries) Regulation 2019, schedules 2 to 8 about the fishery.sch 11 def fishery provision sub 2020 SL No. 236 s 198 sch 3fishery symbol means a symbol for a commercial fishery stated in a fishery provision about the fishery as a fishery symbol for the fishery.fish habitat area plan see section 77(1).fishing line see schedule 10, part 1, section 4.fix, a net, see schedule 10, part 2, section 26.flow trap see schedule 10, part 3, section 3A.sch 11 def flow trap ins 2020 SL No. 236 s 81(2)free-floating line see schedule 10, part 1, section 5.freshwater fish means a fish that at any stage of its life cycle is found in waters that are not tidal.front opening, of a net, see schedule 10, part 2, section 19.full supply level, for an impoundment, see schedule 8, section 11.funnel trap see schedule 10, part 3, section 4.general fisheries permit means a permit issued under the Act of the type mentioned in section 25(e).general purpose mesh net see schedule 10, part 2, section 4.ground chain see schedule 10, part 2, section 20.hand-harvest ITQ unit means a B1B-ITQ unit, B1W-ITQ unit, B1O-ITQ unit, DS-ITQ unit, DO-ITQ unit, G-ITQ unit, J1-ITQ unit or R-ITQ unit.sch 11 def hand-harvest ITQ unit ins 2020 SL No. 236 s 81(2)hand pump see schedule 10, part 4, section 3.haul, a net, see schedule 10, part 2, section 27.holder, of a licence or other authority, for chapter 6, part 4, division 2, see section 138.hook see schedule 10, part 4, section 4.hull units, for a boat that is a domestic commercial vessel, see schedule 9, section 5.sch 11 def hull units amd 2020 SL No. 236 s 81(3)information requirement means—(a)an information requirement under section 118(1) of the Act; or(b)a requirement to give the chief executive information under a condition of an authority.
sch 11 def information requirement ins 2020 SL No. 236 s 81(2)in front of, in relation to a part of a net or a thing used with a net, see schedule 10, part 2, section 35(2).inlet see schedule 8, section 12.ITQ ...sch 11 def ITQ om 2020 SL No. 236 s 81(1)land ...sch 11 def land om 2020 SL No. 236 s 197(1)landing place—(a)for a boat, see section 15C(2); or(b)for fish taken without using a boat, see section 15D(2).
sch 11 def landing place sub 2020 SL No. 236 s 197(1)–(2)lands—(a)for a boat, see section 15C(1); or(b)for a fish taken without using a boat, see section 15D(1).
sch 11 def lands ins 2020 SL No. 236 s 197(2)leading edge, for a part of a net or a thing used with a net, see schedule 10, part 2, section 21.length—(a)of a boat that is a domestic commercial vessel, see schedule 9, section 4; or(b)of a net, see schedule 10, part 2, section 33.
sch 11 def length amd 2020 SL No. 236 s 81(5)line unit means a CT line unit, OS line unit or RTE line unit.sch 11 def line unit ins 2020 SL No. 236 s 81(2)line year, for CT line units, OS line units or RTE line units, see the Fisheries (Commercial Fisheries) Regulation 2019, section 90.lobster loop see schedule 10, part 4, section 5.lure see schedule 10, part 4, section 6.malfunction, for chapter 4, part 1, see section 82.management A area means an area within a declared fish habitat area identified by the words ‘management A’ on the fish habitat area plan 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 for the declared fish habitat area.manually reported, for a boat, means a notice about a boat’s location given under section 93.maximum continuous brake kW, for a boat’s engine, see schedule 9, section 6.mesh net see schedule 10, part 2, section 5.mesh size, of a net, see schedule 10, part 2, section 34.monofilament, of a net, see schedule 10, part 2, section 21A.sch 11 def monofilament ins 2020 SL No. 236 s 197(2)Moreton Bay trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 143.sch 11 def Moreton Bay trawl region ins 2020 SL No. 236 s 197(2)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.National Standard for Commercial Vessels, for schedule 9, see schedule 9, section 1.sch 11 def National Standard for Commercial Vessels ins 2020 SL No. 236 s 81(2)nearshore waters see schedule 8, section 16.net that is neither fixed nor hauled see schedule 10, part 2, section 36.n mile means nautical mile.northern trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 138.sch 11 def northern trawl region ins 2020 SL No. 236 s 197(2)offshore waters see schedule 8, section 17.other Queensland regulated ship means an other Queensland regulated ship registered under the Transport Operations (Marine Safety) Regulation 2016.otter trawl net see schedule 10, part 2, section 6.outside fishing operation day, for a primary commercial fishing licence, see section 15A(3).sch 11 def outside fishing operation day ins 2020 SL No. 236 s 197(2)prescribed development purpose, for a declared fish habitat area, see section 60.prescribed reference document, for schedule 7, part 1, see schedule 7, part 1, section 3(1)(a).prescribed stocked impoundment see schedule 8, section 18.prescribed whiting see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 8, section 20.primary boat see section 13.process, in relation to fish, includes freezing, packing, refrigerating, sorting or thawing the fish.processing, abalone, for chapter 5, part 5, see section 116.pyramid trap see schedule 10, part 3, section 5.published, on the department’s website, means published on, or accessible through, the website.purse seine net see schedule 10, part 2, section 7.quantity particulars, for a species of fish, for chapter 5, part 4, see section 110.sch 11 def quantity particulars ins 2020 SL No. 236 s 198 sch 3recreational fisher see section 6.recreational fishing see section 6.recreational fishing apparatus see section 7(2).regulated cod or grouper means any of the species of fish identified in schedule 7, part 2, table 1.regulated coral reef fin fish means any of the species of fish identified in schedule 7, part 2.regulated coral trout means any of the species of fish identified in schedule 7, part 2, table 2.regulated emperor means any of the species of fish identified in schedule 7, part 2, table 3.regulated parrotfish means any of the species of fish identified in schedule 7, part 2, table 5.regulated surgeonfish means any of the species of fish identified in schedule 7, part 2, table 6.regulated sweetlip means any of the species of fish identified in schedule 7, part 2, table 7.regulated tropical snapper or seaperch means any of the species of fish identified in schedule 7, part 2, table 8.regulated waters see section 9.regulated wrasse means any of the species of fish identified in schedule 7, part 2, table 9.relevant authority—(a)for chapter 4, part 1, see section 83(1); or(b)for chapter 5, see section 100.
relevant boat, for a relevant authority, for chapter 4, part 1, see section 82.relevant fish, for chapter 5, part 6, see section 118.relevant period—(a)for chapter 4, part 1, see section 82; or(b)for chapter 5, part 2, see section 101(b); or(c)for chapter 5, part 3, see section 105(b).
relevant person, for chapter 5, part 3, see section 105(c).relevant quantity particulars ...sch 11 def relevant quantity particulars om 2020 SL No. 236 s 198 sch 3replacement, for an authority, means a replacement for the authority under section 71 of the Act.ring net see schedule 10, part 2, section 8.river basin see schedule 8, section 14.round eel trap see schedule 10, part 3, section 6.round trap see schedule 10, part 3, section 7.sale docket, for chapter 5, part 4, see section 111(1).sch 11 def sale docket sub 2020 SL No. 236 s 198 sch 3sale particulars, for the sale of fisheries resources, for chapter 5, part 4, see section 110.sch 11 def sale particulars ins 2020 SL No. 236 s 198 sch 3scoop net see schedule 10, part 2, section 9.seafood food safety scheme, for chapter 5, part 4, see section 110.sch 11 def seafood food safety scheme ins 2020 SL No. 236 s 198 sch 3seine net see schedule 10, part 2, section 10.select coral ITQ unit means a DS22-ITQ unit, DS23-ITQ unit, DS28-ITQ unit, DS36-ITQ unit, DS39-ITQ unit, DS48-ITQ unit or DS74-ITQ unit.sch 11 def select coral ITQ unit ins 2023 SL No. 44 s 23seller, for chapter 5, part 4, see section 109(a).set, a net, see schedule 10, part 2, section 28.set line see schedule 10, part 1, section 6.set mesh net see schedule 10, part 2, section 11.set pocket net see schedule 10, part 2, section 12.SF↑B sign see schedule 8, section 10(2).shell dredge see schedule 10, part 4, section 7.shoot, a net, see schedule 10, part 2, section 29.SM year see the Fisheries (Commercial Fisheries) Regulation 2019, section 83.southern inshore trawl region see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 140.sch 11 def southern inshore trawl region ins 2020 SL No. 236 s 197(2)southern offshore trawl region A see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 141.sch 11 def southern offshore trawl region A ins 2020 SL No. 236 s 197(2)southern offshore trawl region B see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 2, section 142.sch 11 def southern offshore trawl region B ins 2020 SL No. 236 s 197(2)spear gun see schedule 10, part 4, section 8.species, for schedule 7, part 1, see schedule 7, part 1, section 1.square mesh, for a net, see schedule 10, part 2, section 22.starts, for a fishing operation, see section 15A(1).sch 11 def starts ins 2020 SL No. 236 s 197(2)stock, of fish by reference to a location, see schedule 7, part 8, section 1.stowed and secured see section 8.structure includes a barrage, boat ramp, bridge, bund, dam wall, harbour breakwater, jetty, mooring, power pole, silt curtain, storm water outlet, weir and wreck.sweep, of a net, see schedule 10, part 2, section 23.T4-ITQ year see the Fisheries (Commercial Fisheries) Regulation 2019, section 102.tender boat see section 13.territorial sea baseline see schedule 8, section 13.tickler chain see schedule 10, part 2, section 24.transaction number, for a transaction carried out using the AIVR system, see section 125(1)(b).trailing edge, for a part of a net or a thing used with a net, see schedule 10, part 2, section 25.trawl net see schedule 10, part 2, section 13.trawl region means—(a)the northern trawl region; or(b)the central trawl region; or(c)the southern inshore trawl region; or(d)the southern offshore trawl region A; or(e)the southern offshore trawl region B; or(f)the Moreton Bay trawl region.
sch 11 def trawl region ins 2020 SL No. 236 s 197(2)trawl shoe, of a beam, otter board or trawl sled, see schedule 10, part 4, section 9.trunked—(a)for a fish other than a shark or ray—means the fish has had its head or tail removed; or(b)for a shark or ray—means the shark or ray has had its head removed.
sch 11 def trunked sub 2021 SL No. 29 s 26try net see schedule 10, part 2, section 14.tunnel net see schedule 10, part 2, section 15.unallocated State land see the Land Act 1994, schedule 6.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; orExamples 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.
unused entitlement, for CT line units, OS line units or RTE line units, SM units or T4-ITQ units, means unused entitlement for the units under the Fisheries (Commercial Fisheries) Regulation 2019.use, for a net, see schedule 10, part 2, section 30.vessel tracking standard, for chapter 4, part 1, see section 82.whole weight, for an amount of fish, see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 11.sch 11 def whole weight sub 2020 SL No. 236 s 198 sch 3working properly, for chapter 4, part 1, see section 80(6) of the Act.