Fisheries (General) Regulation 2019

Queensland Fisheries Act 1994 Fisheries (General) Regulation 2019 Current as at 1 September 2019 © State of Queensland 2019 This work is licensed under a Creative Commons Attribution 4.0 International License. https://www.legislation.qld.gov.au/copyright Queensland Fisheries (General) Regulation 2019 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Application of regulations and declarations . . . . . . . . . . . . . . . . . 9 Part 2 Interpretation Division 1 Definitions 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Meaning of commercial fisher . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Meaning of recreational fisher and recreational fishing . . . . . . . . 11 7 Meaning of commercial fishing apparatus and recreational fishing apparatus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Meaning of stowed and secured—Act, s 77A . . . . . . . . . . . . . . . 12 Division 2 Key concepts 9 References to regulated waters . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 References to commercial fishery . . . . . . . . . . . . . . . . . . . . . . . . 13 11 References to licence, permit or quota authority by name . . . . . 13 12 References to licences by fishery symbols . . . . . . . . . . . . . . . . . 14 13 References to primary boat and tender boat and related references 14 Division 3 Other general interpretative provisions 14 References to periods of days or months . . . . . . . . . . . . . . . . . . 15 15 References to times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 References relating to fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 References relating to waters or areas . . . . . . . . . . . . . . . . . . . . 16 18 References relating to boats . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19 References relating to fishing apparatus . . . . . . . . . . . . . . . . . . . 17 Part 3 Prescribed acts for which authority required Contents Fisheries (General) Regulation 2019 20 Prescribed acts—Act, s 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 4 Defence for Aborigines and Torres Strait Islanders 21 Prescribed fishing apparatus—Act, s 14 . . . . . . . . . . . . . . . . . . . 17 22 Prescribed waters—Act, s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Chapter 2 Authorities Part 1 General matters Division 1 Authorities that may be issued 23 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 24 Types of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 25 Types of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 26 Types of quota authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2 General restrictions on issue of authorities 27 Use of bottom set line in Gulf of Carpentaria waters must not be authorised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 28 Only particular authorities may authorise particular activities . . . 21 Division 3 Authorisation under authorities generally 29 Activities authorised under authority . . . . . . . . . . . . . . . . . . . . . . 21 30 When a person is carrying out activity under an authority . . . . . . 22 Part 2 Licences Division 1 Commercial fisher licence 31 Restriction on issue of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Authorisation and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 33 Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 2 Commercial fishing boat licence 34 Restrictions on issue of licence identifying primary boat . . . . . . . 23 35 Deciding number of tender boats for licence . . . . . . . . . . . . . . . . 24 36 Authorisation and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3 Commercial harvest fishery licence 37 Authorisation and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 38 Licence for eel fishery not transferable . . . . . . . . . . . . . . . . . . . . 25 Division 4 Carrier boat licence 39 Restriction on issue of licence for regulated coral reef fin fish . . 25 40 Restriction on issue of licence for commercial spanner crab fishery (managed area A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 41 Restriction on issue of licence for commercial spanner crab fishery (managed area B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 42 Authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Page 2 Contents Fisheries (General) Regulation 2019 43 Condition about regulated coral reef fin fish . . . . . . . . . . . . . . . . 27 Division 5 Charter fishing licence 44 Authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 45 Condition about taking maray or Australian sardines . . . . . . . . . 28 Part 3 Permits Division 1 Restrictions on issue of particular permits 46 Possessing or using purse seine net must not be authorised . . . 28 47 Restriction on authorising taking or possessing of maray or Australian sardines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 48 Restriction on authorising taking or possessing of freshwater fish 29 49 Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit . . . . . . . . . . . . . . . . . 29 50 Maximum term of general fisheries permit . . . . . . . . . . . . . . . . . 29 51 Restriction on authorising taking of fish in particular regulated waters under general fisheries permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 52 Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit . . . . . . . . . . . . . . . . . . . . . 30 Division 2 Authorisations under particular permits 53 Developmental fishing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 Indigenous fishing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 55 Stocked impoundment permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 56 Filleting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3 Conditions applying to particular permits 57 General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 4 Quota authorities 58 Restriction on issue of quota authorities . . . . . . . . . . . . . . . . . . . 32 59 Authorisation under and conditions of quota authority . . . . . . . . 32 Part 5 Resource allocation authorities 60 Meaning of prescribed development purpose for declared fish habitat area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 61 Restriction on issue of particular resource allocation authorities 34 62 Authorisation under resource allocation authority . . . . . . . . . . . . 34 Part 6 Criteria for suspending or cancelling particular authorities 63 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 64 Counting convictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 65 Criteria for suspending particular licences . . . . . . . . . . . . . . . . . 36 66 Criteria for suspending effort units . . . . . . . . . . . . . . . . . . . . . . . 36 Page 3 Contents Fisheries (General) Regulation 2019 67 Criteria for suspending or cancelling SM units . . . . . . . . . . . . . . 37 68 Criteria for suspending line units . . . . . . . . . . . . . . . . . . . . . . . . . 37 69 Criteria for cancelling line units . . . . . . . . . . . . . . . . . . . . . . . . . . 38 70 Criteria for suspending T4-ITQ units . . . . . . . . . . . . . . . . . . . . . . 38 71 Criteria for cancelling T4-ITQ units . . . . . . . . . . . . . . . . . . . . . . . 39 Part 7 Other provisions about authorities Division 1 Miscellaneous offences 72 Obstructing persons fishing under an authority . . . . . . . . . . . . . . 39 Division 2 Register of authorities 73 Particulars to be contained in register—Act, s 73 . . . . . . . . . . . . 39 74 Holder to notify chief executive of particular changes—Act, s 73 40 Division 3 Other matters 75 Authorities that continue after holder’s death—Act, s 70C . . . . . 41 76 Activities for which inspectors may have an authority . . . . . . . . . 42 Chapter 3 Declared fish habitat areas Part 1 Declaration of fish habitat areas 77 Fish habitat area plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 78 Areas declared to be fish habitat areas . . . . . . . . . . . . . . . . . . . . 43 79 Particular cables and air space excluded from declared fish habitat area 44 Part 2 Prohibited activities 80 Person not to take bait using digging implement . . . . . . . . . . . . . 44 81 Person not to remove weeds etc. . . . . . . . . . . . . . . . . . . . . . . . . 45 Chapter 4 Matters prescribed for particular offences under the Act Part 1 Vessel tracking Division 1 Preliminary 82 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 2 General matters 83 Authorities and boats in relation to which requirements apply . . 47 84 Way equipment must be installed . . . . . . . . . . . . . . . . . . . . . . . . 48 85 Periods during which equipment must be working properly . . . . 48 Division 3 Requirements if equipment malfunctions Subdivision 1 Preliminary 86 Purpose and application of division . . . . . . . . . . . . . . . . . . . . . . . 48 87 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 88 When person in control of a boat is aware of malfunction . . . . . . 49 Page 4 Contents Fisheries (General) Regulation 2019 89 Notices given by chief executive or inspector under division . . . 50 Subdivision 2 Alternative way of communication 90 Notice of alternative way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 91 Changing alternative way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Subdivision 3 Manual reporting and landing requirements 92 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 93 Manual reporting requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 94 Requirement to take relevant boat to landing place—boat used under particular authority in particular area . . . . . . . . . . . . . . . . . . . . . . 52 95 Requirement to take relevant boat to landing place—other circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 96 Further requirement if relevant boat taken to landing place . . . . 53 Part 2 Other matters 97 Commercial quantity of priority fish . . . . . . . . . . . . . . . . . . . . . . . 54 98 Circumstances in which non-indigenous fisheries resources may be released—Act, s 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Chapter 5 Information requirements Part 1 Preliminary 99 Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 100 Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Part 2 Person other than authority holder in control of a boat 101 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 102 Authority holder to provide approved form . . . . . . . . . . . . . . . . . 56 103 Person in control to keep approved form . . . . . . . . . . . . . . . . . . 56 104 Person in control to return approved form . . . . . . . . . . . . . . . . . . 57 Part 3 Person other than authority holder fishing under authority 105 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 106 Holder to provide approved form . . . . . . . . . . . . . . . . . . . . . . . . . 57 107 Relevant person to keep approved form . . . . . . . . . . . . . . . . . . . 58 108 Relevant person to return approved form . . . . . . . . . . . . . . . . . . 58 Part 4 Wholesale sale of fisheries resources Division 1 Preliminary 109 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 110 Meaning of relevant quantity particulars . . . . . . . . . . . . . . . . . . . 58 Division 2 Requirements 111 Docket for sale to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 112 Seller to keep docket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Page 5 Contents Fisheries (General) Regulation 2019 113 Seller to give copy of docket with consignment . . . . . . . . . . . . . . 61 114 Buyer to keep docket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 5 Processing abalone 115 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 116 Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 117 Processor to keep record of processing . . . . . . . . . . . . . . . . . . . 62 Part 6 Particular acts involving spanish mackerel or regulated coral reef fin fish 118 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 119 Buyer to keep record of fish bought outside the State . . . . . . . . 63 120 Person who takes fish outside particular fishery areas to keep record of taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 121 Person transporting fish to keep record of consignment . . . . . . . 64 122 Person storing fish to keep record of storage . . . . . . . . . . . . . . . 65 Part 7 AIVR system 123 Person using AIVR system to keep record of transaction number 65 Chapter 6 Other matters relating to fisheries management Part 1 Automated interactive voice response system 124 Chief executive must establish and operate AIVR system . . . . . 66 125 Requirements for AIVR system . . . . . . . . . . . . . . . . . . . . . . . . . . 66 126 Record kept by AIVR system is evidence of particular information 67 127 Transaction number given by AIVR system is evidence of transaction 67 128 Procedure if AIVR system not working properly . . . . . . . . . . . . . 67 Part 2 Compliance, enforcement and administration of Act 129 Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence . . . . . . . . . . . . . . . . . . . . . . . 68 130 Prescribed matters for evidentiary certificates—Act, s 184 . . . . . 69 131 Matters about seizure of fisheries resources—Act, s 154 . . . . . . 69 132 Persons who may be appointed as inspectors . . . . . . . . . . . . . . 69 133 Prescribed entities for delegation of functions or powers—Act, s 222 70 Part 3 Accepted development requirements 134 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 135 Accepted development requirements . . . . . . . . . . . . . . . . . . . . . 71 136 Documents stating accepted development requirements available for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Part 4 Fees Page 6 Contents Fisheries (General) Regulation 2019 Division 1 Fees for resource allocation authority and fish movement exemption notice 137 Assessment fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 2 Other fees 138 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 139 Fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 140 General matters about fees for a licence, fishery symbol or quota authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 141 Additional provision about annual fees for a licence, fishery symbol or quota authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 142 Further provision about licence, fishery symbol or quota authority held for part of a financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 3 Waiver or refund of fees 143 Chief executive may waive or refund a fee . . . . . . . . . . . . . . . . . 76 Chapter 7 Transitional provisions 144 Existing commercial fisher licences . . . . . . . . . . . . . . . . . . . . . . . 76 145 Existing commercial fishing boat licences . . . . . . . . . . . . . . . . . . 76 146 Existing general purpose permits . . . . . . . . . . . . . . . . . . . . . . . . 76 147 Existing notices relating to vessel tracking . . . . . . . . . . . . . . . . . 77 148 Annual fees for 2019-20 financial year . . . . . . . . . . . . . . . . . . . . 77 149 References to 2008 regulation . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Schedule 1 Prescribed acts for which authority required . . . . . . . . . . . . . 79 Schedule 2 River basins where non-indigenous fisheries resources can not be released . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Schedule 3 Declared fish habitat areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Schedule 4 Matters for particular fisheries offences under the Act . . . . . 119 Schedule 5 Fees relating to development . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Schedule 6 Other fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Schedule 7 References relating to particular fish . . . . . . . . . . . . . . . . . . . 132 Schedule 8 References relating to waters or areas . . . . . . . . . . . . . . . . . . 161 Schedule 9 References relating to boats . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Schedule 10 References relating to fishing apparatus . . . . . . . . . . . . . . . . 172 Schedule 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Page 7 [s 1] Fisheries (General) Regulation 2019 Chapter 1 Preliminary Fisheries (General) Regulation 2019 Chapter 1 Preliminary Part 1 Introduction 1 Short title This regulation may be cited as the Fisheries (General) Regulation 2019. 2 Commencement This regulation commences on 1 September 2019. 3 Application 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. Current as at 1 September 2019 Page 9 Authorised by the Parliamentary Counsel [s 4] Fisheries (General) Regulation 2019 Chapter 1 Preliminary (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; and Note— 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 2 Interpretation Division 1 Definitions 4 Dictionary The dictionary in schedule 11 defines particular words used in this regulation. 5 Meaning of commercial fisher A commercial fisher is a person who holds a commercial fisher licence. Page 10 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 6] Fisheries (General) Regulation 2019 Chapter 1 Preliminary 6 Meaning of recreational fisher and recreational fishing (1) A recreational fisher is a person who is carrying out recreational fishing. (2) A person is carrying out recreational fishing if the person takes or possesses fish 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 Aborigine and takes or possesses the fish under Aboriginal tradition; (c) the person is a Torres Strait Islander and takes or possesses the fish under Island custom. (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. Current as at 1 September 2019 Page 11 Authorised by the Parliamentary Counsel [s 7] Fisheries (General) Regulation 2019 Chapter 1 Preliminary 7 Meaning 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. 8 Meaning of stowed and secured—Act, s 77A (1) This section prescribes the meaning of stowed and secured for section 77A(4) of the Act and other legislation mentioned in section 3(1). (2) A thing is stowed and secured if it is stowed inboard a boat. Page 12 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 9] Fisheries (General) Regulation 2019 Chapter 1 Preliminary Division 2 Key concepts 9 References 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’. 10 References 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’. 11 References to licence, permit or quota authority by name A 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. Current as at 1 September 2019 Page 13 Authorised by the Parliamentary Counsel [s 12] Fisheries (General) Regulation 2019 Chapter 1 Preliminary 12 References to licences by fishery symbols A reference to a fishery symbol followed by the term ‘licence’ is a reference to— (a) if the fishery symbol is for a commercial harvest fishery—a commercial harvest fishery licence on which the fishery symbol is written; or (b) otherwise—a commercial fishing boat licence on which the fishery symbol is written. Example— A reference to a C2 licence is a reference to a commercial fishing boat licence on which the fishery symbol ‘C2’ is written. 13 References to primary boat and tender boat and related references (1) A primary boat is a boat identified in either of the following licences as the primary commercial fishing boat for the licence— (a) a commercial fishing boat licence; (b) a commercial harvest fishery licence for the shell fishery. (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 commercial fishing boat licence. (3) In a provision about a commercial fishing boat 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, section 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 commercial fishing boat licence in which the primary boat is identified; and Page 14 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 14] Fisheries (General) Regulation 2019 Chapter 1 Preliminary (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) In a provision about a commercial harvest fishery licence for the shell fishery, a reference to the primary boat is a reference to the primary boat for the licence under subsection (1). Division 3 Other general interpretative provisions 14 References to periods of days or months (1) This section applies if a provision states a period that— (a) starts on a day or in a month (the first-mentioned day or month); and (b) ends on a day or in a month (the second-mentioned day or month). (2) The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month. Example— A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February. 15 References to times (1) This section applies if a provision states a period that starts at a time (the first-mentioned time) and ends at another time (the second-mentioned time). (2) The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year. Current as at 1 September 2019 Page 15 Authorised by the Parliamentary Counsel [s 16] Fisheries (General) Regulation 2019 Chapter 1 Preliminary 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. 16 References relating to fish Schedule 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. 17 References relating to waters or areas Schedule 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. 18 References relating to boats Schedule 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. Page 16 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 19] Fisheries (General) Regulation 2019 Chapter 1 Preliminary 19 References relating to fishing apparatus Schedule 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. Part 3 Prescribed acts for which authority required 20 Prescribed acts—Act, s 82 For 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 4 Defence for Aborigines and Torres Strait Islanders 21 Prescribed 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. Current as at 1 September 2019 Page 17 Authorised by the Parliamentary Counsel [s 22] Fisheries (General) Regulation 2019 Chapter 1 Preliminary 22 Prescribed waters—Act, s 14 For 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. Page 18 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 23] Fisheries (General) Regulation 2019 Chapter 2 Authorities Chapter 2 Authorities Part 1 General matters Division 1 Authorities that may be issued 23 Purpose of division This division states the types of licences, permits and quota authorities the chief executive may issue under section 49 of the Act. 24 Types of licences The chief executive may issue a licence of any of the following types— (a) a commercial fisher licence; (b) a commercial fishing boat licence; (c) a commercial harvest fishery licence; (d) a carrier boat licence; (e) a charter fishing licence. 25 Types of permits The 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 fishery licence; Current as at 1 September 2019 Page 19 Authorised by the Parliamentary Counsel [s 26] Fisheries (General) Regulation 2019 Chapter 2 Authorities (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. 26 Types of quota authorities The following are the types of quota authorities the chief executive has issued under the Act— (a) T1 effort units and T2 effort units; (b) SM units; (c) CT line units, OS line units and RTE line units; (d) individual transferable quota (ITQ) units; (e) T4-ITQ units. Division 2 General restrictions on issue of authorities 27 Use of bottom set line in Gulf of Carpentaria waters must not be authorised The chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters. Page 20 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 28] Fisheries (General) Regulation 2019 Chapter 2 Authorities 28 Only particular authorities may authorise particular activities The 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— Division 3 Authorisation under authorities generally 29 Activities 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 Activity Type of authority that may be issued remove, destroy or damage dead marine wood on unallocated State land for trade or commerce resource 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 area resource allocation authority take freshwater fish from a prescribed stocked impoundment using a fishing line stocked impoundment permit or general fisheries permit release aquaculture fisheries resources into Queensland waters general fisheries permit Current as at 1 September 2019 Page 21 Authorised by the Parliamentary Counsel [s 30] Fisheries (General) Regulation 2019 Chapter 2 Authorities (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. 30 When a person is carrying out activity under an authority A 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. Page 22 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 31] Fisheries (General) Regulation 2019 Chapter 2 Authorities Part 2 Licences Division 1 Commercial fisher licence 31 Restriction on issue of licence The 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. 32 Authorisation and conditions The Fisheries (Commercial Fisheries) Regulation 2019 provides for— (a) the authorisation under a commercial fisher licence; and (b) conditions applying to a commercial fisher licence. 33 Licence not transferable A commercial fisher licence is not transferable. Division 2 Commercial fishing boat licence 34 Restrictions on issue of licence identifying primary boat (1) The chief executive may issue a commercial fishing boat licence that identifies a primary commercial fishing boat only if the boat is not already identified as a primary commercial fishing boat in another commercial fishing boat licence. (2) Only 1 boat may be identified as the primary commercial fishing boat in a commercial fishing boat licence. Current as at 1 September 2019 Page 23 Authorised by the Parliamentary Counsel [s 35] Fisheries (General) Regulation 2019 Chapter 2 Authorities 35 Deciding number of tender boats for licence (1) If the chief executive decides to issue a commercial fishing boat 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) The authorised number may be— (a) zero; or (b) a particular number; or (c) an unlimited number. (3) However, if the fishery symbol ‘L2’ or ‘L3’ is to be written on the licence, the authorised number must not be more than— (a) for the fishery symbol ‘L2’—4; or (b) for the fishery symbol ‘L3’—1. (4) If the chief executive decides that no tender boats or a particular number of tender boats are to be authorised for use under a fishery symbol to be written on the licence, the licence must state the authorised number of tender boats, in brackets, immediately after the fishery symbol. (5) If the chief executive decides that an unlimited number of tender boats are to be authorised for use under a fishery symbol to be written on the licence, the licence must not have any brackets or numbers in brackets written 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. 36 Authorisation and conditions The Fisheries (Commercial Fisheries) Regulation 2019 provides for— (a) the authorisation under a commercial fishing boat licence; and (b) conditions applying to a commercial fishing boat licence. Page 24 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 37] Fisheries (General) Regulation 2019 Chapter 2 Authorities Division 3 Commercial harvest fishery licence 37 Authorisation and conditions The Fisheries (Commercial Fisheries) Regulation 2019 provides for— (a) the authorisation under a commercial harvest fishery licence; and (b) conditions applying to a commercial harvest fishery licence. 38 Licence for eel fishery not transferable A commercial harvest fishery licence on which the fishery symbol ‘E’ is written is not transferable. Division 4 Carrier boat licence 39 Restriction on issue of licence for regulated coral reef fin fish (1) The chief executive must not issue a carrier boat licence authorising the carriage of regulated coral reef fin fish. (2) However, the chief executive may issue a replacement for a licence mentioned in subsection (1) if— (a) the licence was issued before 12 September 2003; and (b) the holder applying for the replacement has held the licence continuously from 12 September 2003; and (c) the application is for the replacement of the licence providing for the same, or substantially the same, authorisations and conditions. Note— 12 September 2003 was the day the legislation (the repealed Fisheries (Coral Reef Fin Fish) Management Plan 2003) providing for the Current as at 1 September 2019 Page 25 Authorised by the Parliamentary Counsel [s 40] Fisheries (General) Regulation 2019 Chapter 2 Authorities management of the reef line commercial fishery was notified in the gazette. 40 Restriction on issue of licence for commercial spanner crab fishery (managed area A) (1) The chief executive must not issue a carrier boat licence authorising the use of a boat in the fishery area for the commercial spanner crab fishery (managed area A). (2) However, the chief executive may issue a replacement for a licence mentioned in subsection (1). 41 Restriction on issue of licence for commercial spanner crab fishery (managed area B) The chief executive must not issue a carrier boat licence authorising the carriage of spanner crabs taken in the fishery area for the commercial spanner crab fishery (managed area B) for— (a) a primary boat identified in a C3 licence; or (b) a tender boat for a primary boat mentioned in paragraph (a). 42 Authorisation (1) The holder of a carrier boat licence may, under the licence, use the boat identified in the licence to carry fish taken for trade or commerce by— (a) a commercial fisher or assistant fisher; or (b) someone else who, under the Act, is authorised to take fish for trade or commerce under another authority. (2) The holder of a carrier boat licence may authorise another person to use the boat identified in the licence as mentioned in subsection (1) under the licence. Page 26 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 43] Fisheries (General) Regulation 2019 Chapter 2 Authorities (3) A person authorised by the holder of a carrier boat licence under subsection (2) may, under the licence, use the boat identified in the licence as mentioned in subsection (1). 43 Condition about regulated coral reef fin fish It is a condition of a carrier boat licence authorising the carriage of regulated coral reef fin fish that a boat identified in the licence must not be used to carry live regulated coral reef fin fish unless— (a) the boat is also identified in a commercial fishing boat licence; and (b) the fish were taken from any of the following— (i) the boat; (ii) if the boat is a tender boat—the boat’s primary boat; (iii) if the boat is a primary boat—a tender boat of the primary boat. Division 5 Charter fishing licence 44 Authorisation (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). Current as at 1 September 2019 Page 27 Authorised by the Parliamentary Counsel [s 45] Fisheries (General) Regulation 2019 Chapter 2 Authorities 45 Condition about taking maray or Australian sardines It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip— (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. Part 3 Permits Division 1 Restrictions on issue of particular permits 46 Possessing or using purse seine net must not be authorised The 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). 47 Restriction 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— Page 28 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 48] Fisheries (General) Regulation 2019 Chapter 2 Authorities (i) to use as bait for fishing under a commercial fishing boat 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). 48 Restriction 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. 49 Restriction 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). 50 Maximum term of general fisheries permit The chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years. 51 Restriction on authorising taking of fish in particular regulated waters under general fisheries permit The chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession of fish Current as at 1 September 2019 Page 29 Authorised by the Parliamentary Counsel [s 52] Fisheries (General) Regulation 2019 Chapter 2 Authorities 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. 52 Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit The 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 2 Authorisations under particular permits 53 Developmental fishing permit The 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. Page 30 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 54] Fisheries (General) Regulation 2019 Chapter 2 Authorities 54 Indigenous fishing permit The 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. 55 Stocked impoundment permit The holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment. 56 Filleting permit The holder of a filleting permit and anyone else identified in the permit may fillet regulated coral reef fin fish identified in the permit but only on board a primary boat identified in an RQ licence held by the holder. Current as at 1 September 2019 Page 31 Authorised by the Parliamentary Counsel [s 57] Fisheries (General) Regulation 2019 Chapter 2 Authorities Division 3 Conditions applying to particular permits 57 General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters (1) This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters. (2) It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2. Part 4 Quota authorities 58 Restriction on issue of quota authorities 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) ITQ units; or (e) T4-ITQ units. 59 Authorisation under and conditions of quota authority The Fisheries (Commercial Fisheries) Regulation 2019 provides for— (a) the authorisation under a quota authority; and (b) conditions applying to a quota authority. Page 32 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 60] Fisheries (General) Regulation 2019 Chapter 2 Authorities Part 5 Resource allocation authorities 60 Meaning of prescribed development purpose for declared fish habitat area A 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— Current as at 1 September 2019 Page 33 Authorised by the Parliamentary Counsel [s 61] Fisheries (General) Regulation 2019 Chapter 2 Authorities (i) constructing a permanent structure in the area; or (ii) depositing material for beach replenishment in the area for the purpose of erosion control. 61 Restriction 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. 62 Authorisation 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; Page 34 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 63] Fisheries (General) Regulation 2019 Chapter 2 Authorities (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 6 Criteria for suspending or cancelling particular authorities 63 Application of part For section 68B(3)(b)(i) of the Act, this part prescribes criteria for the suspension or cancellation of particular authorities. 64 Counting 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. (3) In this section— Current as at 1 September 2019 Page 35 Authorised by the Parliamentary Counsel [s 65] Fisheries (General) Regulation 2019 Chapter 2 Authorities spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. 65 Criteria for suspending particular licences (1) This section applies in relation to any of the following licences held by a person— (a) a commercial fisher licence; (b) a commercial fishing boat licence; (c) a commercial harvest fishery licence on which the fishery symbol ‘A1’ or ‘A2’ is written. (2) An appropriate period of suspension may be— (a) for the person’s first conviction—3 to 9 months; or (b) for the person’s second conviction—9 months to 5 years; or (c) for the person’s third or later conviction—5 years. 66 Criteria for suspending effort units (1) This section applies in relation to T1 effort units or T2 effort units 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 a commercial fishing boat licence and T1 effort units for the licence. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number Page 36 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 67] Fisheries (General) Regulation 2019 Chapter 2 Authorities of the T1 effort units that would entitle A to use the boat associated with the effort units for 3 to 9 months. 67 Criteria 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. 68 Criteria 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 Current as at 1 September 2019 Page 37 Authorised by the Parliamentary Counsel [s 69] Fisheries (General) Regulation 2019 Chapter 2 Authorities (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. 69 Criteria 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. 70 Criteria 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. Page 38 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 71] Fisheries (General) Regulation 2019 Chapter 2 Authorities 71 Criteria 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 7 Other provisions about authorities Division 1 Miscellaneous offences 72 Obstructing persons fishing under an authority (1) A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (2) A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish. Maximum penalty—20 penalty units. Division 2 Register of authorities 73 Particulars to be contained in register—Act, s 73 For section 73(2) of the Act, the following particulars about each authority issued by the chief executive are prescribed— Current as at 1 September 2019 Page 39 Authorised by the Parliamentary Counsel [s 74] Fisheries (General) Regulation 2019 Chapter 2 Authorities (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 boat identified in the licence; and (ii) the boat’s hull units, beam, depth and length; and (iii) the boat’s main engine power in maximum continuous brake kW. 74 Holder to notify chief executive of particular changes— Act, s 73 For section 73(3) of the Act, the following changes in circumstances are prescribed— (a) a change of the holder’s name; Page 40 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 75] Fisheries (General) Regulation 2019 Chapter 2 Authorities (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 3 Other matters 75 Authorities that continue after holder’s death—Act, s 70C For section 70C(1) of the Act, the following types of authorities are prescribed— (a) a commercial fishing boat licence; (b) a commercial harvest fishery licence; (c) a charter fishing licence; (d) a T1 effort unit or T2 effort unit; (e) an SM unit; (f) a line unit; (g) an ITQ unit; (h) a resource allocation authority. Current as at 1 September 2019 Page 41 Authorised by the Parliamentary Counsel [s 76] Fisheries (General) Regulation 2019 Chapter 3 Declared fish habitat areas 76 Activities for which inspectors may have an authority An inspector may hold or have an interest in an authority for— (a) conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or (b) taking or possessing fish for stocking waters; or (c) releasing fish; or (d) taking fish from a stocked impoundment by using a fishing line; or (e) performing the inspector’s functions. Chapter 3 Declared fish habitat areas Part 1 Declaration of fish habitat areas 77 Fish 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. Page 42 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 78] Fisheries (General) Regulation 2019 Chapter 3 Declared fish habitat areas (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. 78 Areas 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. Current as at 1 September 2019 Page 43 Authorised by the Parliamentary Counsel [s 79] Fisheries (General) Regulation 2019 Chapter 3 Declared fish habitat areas 79 Particular cables and air space excluded from declared fish habitat area (1) A declared fish habitat area excludes a cable that— (a) is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and (b) is not in contact with land, water or a part of a plant in the area. Examples of a cable— an overhead electric line or telecommunication cable (2) Subsection (3) applies if— (a) a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and (b) under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area. (3) The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal. (4) In this section— proposal includes an application. Part 2 Prohibited activities 80 Person not to take bait using digging implement (1) A person must not in a declared fish habitat area take fish for bait by using a digging implement. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to a person using a hand pump only for taking yabbies. Page 44 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 81] Fisheries (General) Regulation 2019 Chapter 3 Declared fish habitat areas 81 Person not to remove weeds etc. (1) A person must not do any of the following things in a declared fish habitat area— (a) remove weeds; (b) use a pesticide; (c) carry out biological control of a pest. Maximum penalty—20 penalty units. (2) Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect 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 Current as at 1 September 2019 Page 45 Authorised by the Parliamentary Counsel [s 82] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act (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 4 Matters prescribed for particular offences under the Act Part 1 Vessel tracking Division 1 Preliminary 82 Definitions for part In this part— landing place means— (a) a place used for landing a boat, including, for example, a marina berth, wharf or mooring; or (b) another place within 0.5n miles of a part of the State where landing of a boat is practicable. malfunction 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). Page 46 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 83] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act 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 2 General matters 83 Authorities and boats in relation to which requirements apply (1) Section 80 of the Act applies in relation to each authority (a relevant authority) that has any of the following symbols written on it— (a) ‘B1’; (b) ‘C1’, ‘C2’ or ‘C3’; (c) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; (d) ‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’; (e) ‘M1’; (f) ‘N1’, ‘N2’, ‘N3’, ‘N4’, ‘N10’, ‘N11’, ‘N12’ or ‘N13’; (g) ‘T1’, ‘T2’ or ‘T4’. (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) if the authority is a commercial fishing boat licence— (i) the primary boat for the licence; and (ii) each tender boat with an engine power of more than 3kW authorised under the Act to be used under the licence; Current as at 1 September 2019 Page 47 Authorised by the Parliamentary Counsel [s 84] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act (b) otherwise—each boat authorised under the Act to be used under the authority. 84 Way equipment must be installed For 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. 85 Periods during which equipment must be working properly (1) For section 80(2)(b) of the Act, each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2), is prescribed. (2) The period the relevant boat is used under the authority— (a) starts when the boat’s engine is started, whether on water or on land; and (b) ends when the earlier of the following happens— (i) the boat is removed from the water and its engine is stopped; (ii) the boat is taken to a landing place, its engine is stopped and all fish are unloaded from it. Division 3 Requirements if equipment malfunctions Subdivision 1 Preliminary 86 Purpose and application of division (1) This division prescribes, for section 80(4) of the Act, requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period. Page 48 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 87] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act (2) The requirements are— (a) 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 relevant boat; and (b) subdivision 3 is complied with. 87 Definition for division In 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. 88 When 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. Current as at 1 September 2019 Page 49 Authorised by the Parliamentary Counsel [s 89] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act 89 Notices given by chief executive or inspector under division The chief executive or an inspector may give a notice in relation to a relevant boat under this division— (a) orally in person; or (b) by an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2. Subdivision 2 Alternative way of communication 90 Notice 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. Page 50 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 91] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act 91 Changing 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 3 Manual reporting and landing requirements 92 Application of subdivision This subdivision applies if the person in control of a relevant boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat. 93 Manual reporting requirement (1) The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive— (a) in the approved way; and (b) at the following intervals— (i) if the boat is being used in the east coast trawl fishery—every hour; (ii) otherwise—every 4 hours. (2) The requirement under subsection (1) continues to apply until the earliest of the following happens— Current as at 1 September 2019 Page 51 Authorised by the Parliamentary Counsel [s 94] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act (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. 94 Requirement 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. Page 52 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 95] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act (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. 95 Requirement 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. 96 Further requirement if relevant boat taken to landing place (1) This section applies if the relevant boat is taken to a landing place under section 94 or 95. Current as at 1 September 2019 Page 53 Authorised by the Parliamentary Counsel [s 97] Fisheries (General) Regulation 2019 Chapter 4 Matters prescribed for particular offences under the Act (2) The person in control of the boat must not cause or allow the boat to be used for fishing unless— (a) the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly; or (b) an approved person has given the chief executive or an inspector notice that the approved vessel tracking equipment is in a condition that allows it to work properly. (3) In this section— approved person means a person who is identified in the vessel tracking standard as an approved person for installing approved vessel tracking equipment on a boat. Part 2 Other matters 97 Commercial quantity of priority fish For 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. 98 Circumstances in which non-indigenous fisheries resources may be released—Act, s 90 For section 90(2) of the Act, the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4, part 2, column 2 taken in the waters mentioned Page 54 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 99] Fisheries (General) Regulation 2019 Chapter 5 Information requirements opposite the species in column 1 into those waters is prescribed. Chapter 5 Information requirements Part 1 Preliminary 99 Purpose of chapter This chapter prescribes information requirements for section 118 of the Act. 100 Definitions for chapter In this chapter— relevant authority means— (a) a commercial fisher licence; or (b) a commercial fishing boat licence; or (c) a charter fishing licence; or (d) another authority 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. relevant 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). Current as at 1 September 2019 Page 55 Authorised by the Parliamentary Counsel [s 101] Fisheries (General) Regulation 2019 Chapter 5 Information requirements Part 2 Person other than authority holder in control of a boat 101 Application of part This 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. 102 Authority holder to provide approved form The holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the 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. 103 Person 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— Page 56 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 104] Fisheries (General) Regulation 2019 Chapter 5 Information requirements (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. 104 Person in control to return approved form The 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 3 Person other than authority holder fishing under authority 105 Application of part This 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. 106 Holder to provide approved form The holder of the relevant authority must give the approved form to the relevant person before the relevant period starts. Current as at 1 September 2019 Page 57 Authorised by the Parliamentary Counsel [s 107] Fisheries (General) Regulation 2019 Chapter 5 Information requirements 107 Relevant person to keep approved form The 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. 108 Relevant person to return approved form The relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends. Part 4 Wholesale sale of fisheries resources Division 1 Preliminary 109 Application of part This part applies if— (a) fisheries resources are sold by a person (the seller) to another person (the buyer); and (b) the buyer— (i) is a person engaged in the business of selling fisheries resources by wholesale or retail; and (ii) intends to resell any of the fisheries resources for trade or commerce. 110 Meaning of relevant quantity particulars (1) For this part, the relevant quantity particulars, for a species of fish, are— Page 58 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 110] Fisheries (General) Regulation 2019 Chapter 5 Information requirements (a) for abalone—the weight of the abalone; or (b) for regulated coral reef fin fish that are dead, the weight of the fish in any of the following forms— (i) whole; (ii) gilled and gutted; (iii) filleted; (iv) another form; or (c) for regulated coral reef fin fish that are alive—the number of the fish; or (d) for spanish mackerel, the weight of the spanish mackerel in any of the following forms— (i) whole; (ii) gilled and gutted; (iii) filleted; (iv) trunked; (v) another form; or (e) for fish of another species—the estimated quantity, by weight or number, of the fish. (2) For subsection (1)(b) or (c), the weight or number of regulated coral reef fin fish, other than coral trout or redthroat emperor, must be recorded— (a) as a total weight or number for all species of the fish; or (b) as a weight or number for— (i) each individual species of the fish; or (ii) the fish in each group of species of fish identified in a table in schedule 7, part 2; or (iii) a combination of individual species and groups of species of the fish under subparagraphs (i) and (ii). Current as at 1 September 2019 Page 59 Authorised by the Parliamentary Counsel [s 111] Fisheries (General) Regulation 2019 Chapter 5 Information requirements Division 2 Requirements 111 Docket for sale to be given (1) The seller must give to the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) signed by the seller that contains each of the following particulars— (a) the name of the buyer; (b) the buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer; (c) the name of the seller; (d) if the seller is acting under an authority—the number of the authority; (e) if the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval; (f) if paragraphs (d) and (e) do not apply—the address of the seller; (g) if the seller is an entity that is incorporated under the Associations Incorporation Act 1981 and engages in stocking fish—the number of the entity’s certificate of incorporation; (h) the date of the sale; (i) the relevant quantity particulars for each species of fish sold; (j) the estimated total quantity, by weight or number, of all fisheries resources sold; (k) the form in which the fisheries resources are sold. Examples of forms of fish for paragraph (k)— live, whole, or in fillets (2) The seller and buyer comply with subsection (1) if— Page 60 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 112] Fisheries (General) Regulation 2019 Chapter 5 Information requirements (a) the buyer prepares a sale docket; and (b) the seller— (i) checks the sale docket; and (ii) if the seller is satisfied the sale docket is accurate and contains all of the particulars mentioned in subsection (1)—signs the sale docket. (3) In this section— seafood food safety scheme means the seafood scheme under the Food Production (Safety) Regulation 2014, chapter 7. 112 Seller to keep docket The 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. 113 Seller to give copy of docket with consignment If 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. 114 Buyer 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 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. Current as at 1 September 2019 Page 61 Authorised by the Parliamentary Counsel [s 115] Fisheries (General) Regulation 2019 Chapter 5 Information requirements Part 5 Processing abalone 115 Application of part This part applies to a person carrying on the business of processing abalone. 116 Definition for part In this part— processing, abalone, includes doing any of the following to the abalone— (a) shelling; (b) filleting; (c) cooking; (d) preserving; (e) packing. 117 Processor 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. Page 62 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 118] Fisheries (General) Regulation 2019 Chapter 5 Information requirements (2) The person must keep the record for 5 years after the day the abalone are processed. Part 6 Particular acts involving spanish mackerel or regulated coral reef fin fish 118 Application of part This part applies in relation to the following fish (relevant fish)— (a) spanish mackerel; (b) regulated coral reef fin fish. 119 Buyer 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. 120 Person 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); Current as at 1 September 2019 Page 63 Authorised by the Parliamentary Counsel [s 121] Fisheries (General) Regulation 2019 Chapter 5 Information requirements (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. 121 Person 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— Page 64 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 122] Fisheries (General) Regulation 2019 Chapter 5 Information requirements (a) kept on board the boat or in the vehicle; and (b) available for immediate inspection. 122 Person 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 7 AIVR system 123 Person using AIVR system to keep record of transaction number A person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction. Note— See section 128 in relation to transaction numbers given when the AIVR system is not working properly or at all. Current as at 1 September 2019 Page 65 Authorised by the Parliamentary Counsel [s 124] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management Chapter 6 Other matters relating to fisheries management Part 1 Automated interactive voice response system 124 Chief executive must establish and operate AIVR system The chief executive must establish and operate an automated interactive voice response system (the AIVR system) for the following transactions— (a) a person giving information required to be given, under the Act, to the chief executive by using the AIVR system; (b) a person obtaining information required or authorised to be obtained, under the Act, from the chief executive by using the AIVR system; (c) a person changing a fisher PIN. 125 Requirements for AIVR system (1) The AIVR system must provide for— (a) keeping a record of each transaction carried out by a person using the system; and (b) giving a person using the system to carry out a transaction a number (a transaction number) to identify the transaction. (2) For subsection (1)(a), a record of a transaction carried out by a person must include— (a) any information entered into the system by the person; and (b) any information given by the system to the person. Page 66 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 126] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management 126 Record kept by AIVR system is evidence of particular information A record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction. 127 Transaction number given by AIVR system is evidence of transaction A transaction number given by the AIVR system for a transaction is evidence of the transaction. 128 Procedure if AIVR system not working properly (1) This section applies if— (a) a person (the user) is required or permitted under the Act to 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. Current as at 1 September 2019 Page 67 Authorised by the Parliamentary Counsel [s 129] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management (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 2 Compliance, enforcement and administration of Act 129 Fisheries offences that are serious fisheries offences— Act, sch 1, definition serious fisheries offence (1) For schedule 1 of the Act, definition serious fisheries offence, paragraph (c), a fisheries offence constituted by any of the following in relation to the reef line commercial fishery is prescribed— (a) contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA; (b) using a tender boat in a way that contravenes the Great Barrier Reef Marine Park Regulations 2019 (Cwlth), regulation 45(3) or 46(2) or the repealed Great Barrier Reef Marine Park Regulations 1983 (Cwlth), regulation 49(2) or 51; (c) entering or using a marine park in contravention of the Marine Parks Act 2004, section 43 or the Marine Parks Regulation 2017, section 135. (2) Also, a fisheries offence constituted by any of the following in relation to the east coast trawl fishery is prescribed— (a) contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA; Page 68 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 130] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management (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. 130 Prescribed matters for evidentiary certificates—Act, s 184 For 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; (b) a summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5. 131 Matters about seizure of fisheries resources—Act, s 154 For 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%. 132 Persons who may be appointed as inspectors For section 140(1)(d) of the Act, the following persons are prescribed— (a) an employee of a local government; Current as at 1 September 2019 Page 69 Authorised by the Parliamentary Counsel [s 133] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management (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. 133 Prescribed entities for delegation of functions or powers—Act, s 222 (1) For section 222(1)(b) of the Act, each of the following entities is prescribed— (a) the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994; (b) a government entity 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 stocked impoundment by using a fishing line. Page 70 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 134] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management Part 3 Accepted development requirements 134 Purpose of part This 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. 135 Accepted development requirements The 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 1 Column 2 Fisheries development Document stating accepted development requirements material change of use of premises for aquaculture document 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 works document called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive Current as at 1 September 2019 Page 71 Authorised by the Parliamentary Counsel [s 136] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management 136 Documents stating accepted development requirements available for inspection A 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 4 Fees Division 1 Fees for resource allocation authority and fish movement exemption notice 137 Assessment fees (1) Schedule 5, parts 1 and 2 state the fees payable for a resource allocation authority and a fish movement exemption notice. operational work within a declared fish habitat area document called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive removal, destruction or damage of marine plants document called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive Column 1 Column 2 Fisheries development Document stating accepted development requirements Page 72 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 138] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management (2) For schedule 5, parts 1 and 2, an application for a resource allocation authority or fish movement exemption notice 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. Division 2 Other fees 138 Definition for division In 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. 139 Fees 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. Current as at 1 September 2019 Page 73 Authorised by the Parliamentary Counsel [s 140] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management 140 General 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. 141 Additional 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 Page 74 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 142] Fisheries (General) Regulation 2019 Chapter 6 Other matters relating to fisheries management (b) in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with 1 payment before the start of the financial year and 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, fishery symbol or quota authority 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. 142 Further 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. Current as at 1 September 2019 Page 75 Authorised by the Parliamentary Counsel [s 143] Fisheries (General) Regulation 2019 Chapter 7 Transitional provisions Division 3 Waiver or refund of fees 143 Chief executive may waive or refund a fee (1) This section applies for waiving or refunding fees stated in schedule 5, part 1 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— 1 The chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application. 2 The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry. Chapter 7 Transitional provisions 144 Existing commercial fisher licences Section 31 does not apply to a commercial fisher licence in force immediately before the commencement unless and until the licence is renewed. 145 Existing commercial fishing boat licences Section 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. 146 Existing general purpose permits (1) Section 50 does not apply to a general fisheries permit in force immediately before the commencement. Page 76 Current as at 1 September 2019 Authorised by the Parliamentary Counsel [s 147] Fisheries (General) Regulation 2019 Chapter 7 Transitional provisions (2) Also, section 25(e) does not affect a general fisheries permit in force immediately before the commencement. 147 Existing 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. 148 Annual 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%. Current as at 1 September 2019 Page 77 Authorised by the Parliamentary Counsel [s 149] Fisheries (General) Regulation 2019 Chapter 7 Transitional provisions (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. 149 References 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. Page 78 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Schedule 1 Prescribed acts for which authority required section 20 Taking fish for trade or commerce Prescribed act taking fish for trade or commerce Who has authority to do prescribed act a 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 act using a primary boat or tender boat to take fish for trade or commerce Who has authority to do prescribed act a 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 commercial fishing boat 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 act using a boat, other than a primary boat or tender boat, to take fish for trade or commerce Who has authority to do prescribed act a person who holds, or is acting under, an authority authorising the person to take the fish for trade or commerce using the boat Carrying fish for trade or commerce Current as at 1 September 2019 Page 79 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Prescribed act using a boat to carry fish taken for trade or commerce other than in the following circumstances— (a) carrying dead fish on a regulated ship in relevant tropical waters; (b) carrying dead fish other than coral reef fin fish, on a commercial fishing boat that is not a regulated ship, in relevant tropical waters; (c) carrying tropical lobster on a commercial fishing boat identified in an R licence; (d) carrying live mud crabs on a commercial fishing boat in relevant tropical waters or Gulf of Carpentaria waters where— Gulf of Carpentaria waters means the regulated waters of that name mentioned in the Fisheries Declaration 2019, schedule 1. regulated ship means a domestic commercial vessel (class 1, 2 or 4) or an other Queensland regulated ship. relevant tropical waters means Queensland waters north of latitude 17º52' south. Who has authority to do prescribed act a person who holds, or is acting under— (a) a carrier boat licence; or (b) another authority authorising the person to use the boat to carry fish taken for trade or commerce Selling Queensland fisheries resources before second point of sale Prescribed act selling fisheries resources taken from Queensland waters other than in the following circumstances— Page 80 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 (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 act a 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 act removing, destroying or damaging dead marine wood on unallocated State land for trade or commerce Who has authority to do prescribed act a 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 act conducting a charter fishing trip in offshore waters Who has authority to do prescribed act a person who holds, or is acting under, a charter fishing licence Placing fisheries resources cultivated other than for sale Prescribed act placing fisheries resources cultivated other than for sale, whether taken in or outside Queensland, in an area in Queensland Current as at 1 September 2019 Page 81 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Who has authority to do prescribed act a person who holds an authority authorising the placement of the fisheries resources in the area Carrying out particular development in fish habitat area Prescribed act carrying 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 act a 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 act entering 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 act a person who holds, or is acting under, an O licence on which the area is stated Taking freshwater fish from prescribed stocked impoundment Prescribed act an adult taking freshwater fish from a prescribed stocked impoundment using a fishing line Who has authority to do prescribed act a 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 Page 82 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Releasing aquaculture fisheries resources Prescribed act releasing 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 act a 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 1 Column 2 River basin Aquaculture fisheries resources that can be released Albert Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod Current as at 1 September 2019 Page 83 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Alice redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Archer barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Auburn Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Southern saratoga Baffle barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) Balonne freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Barambah Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Southern saratoga Barcoo golden perch (Lake Eyre drainage division stock) Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 84 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Barron barramundi (mid north-east coast stock) khaki grunter sooty grunter Belyando sooty grunter Black barramundi (mid north-east coast stock) Border Rivers freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Bowen sooty grunter Boyne barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) silver perch Southern saratoga Bremer Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Southern saratoga Brisbane Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Southern saratoga Burdekin barramundi (mid north-east coast stock) sooty grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 85 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Burnett Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Southern saratoga Burrum Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Caboolture Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Calliope barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) Clarke sooty grunter Cliffdale redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Cloncurry barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 86 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Coen barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Coleman barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Comet barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (east coast drainage division stock) sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Southern saratoga Condamine freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Cooper Creek golden perch (Lake Eyre drainage division stock) Curtis Island barramundi (south-east coast stock) Daintree barramundi (mid north-east coast stock) khaki grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 87 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Dawson barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (east coast drainage division stock) silver perch sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Southern saratoga Diamantina golden perch (Lake Eyre drainage division stock) Dulhunty barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Edward redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Eight Mile redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Einasleigh barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Elliott Australian bass barramundi (south-east coast stock) silver perch Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 88 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Embley barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Endeavour barramundi (mid north-east coast stock) Fitzroy barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (east coast drainage division stock) silver perch sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Southern saratoga Flinders barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Fraser Island freshwater catfish (east coast drainage division stock) Georgina golden perch (Lake Eyre drainage division stock) Gilbert barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Gregory Australian bass barramundi (south-east coast stock) Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 89 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Hann (with the river basin reference number 1050) barramundi (east coast Cape York stock) redclaw Hann (with the river basin reference number 9102) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Haughton barramundi (mid north-east coast stock) Herbert barramundi (mid north-east coast stock) sooty grunter Hinchinbrook Island barramundi (mid north-east coast stock) Holroyd barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Isaac barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (east coast drainage division stock) sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Southern saratoga Jackson barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) Jacky Jacky barramundi (east coast Cape York stock) redclaw Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 90 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Jardine barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) Kendall redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Kolan Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) silver perch L Creek barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Leichhardt barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Lockhart barramundi (east coast Cape York stock) redclaw Lockyer Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Southern saratoga Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 91 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Logan Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Macintyre freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Mackenzie barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (east coast drainage division stock) sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Southern saratoga Maranoa freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Maroochy Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Mary Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 92 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Mission barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Mitchell barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Moonie freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Morning barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Mornington Island redclaw Mossman barramundi (mid north-east coast stock) Mulgrave barramundi (mid north-east coast stock) khaki grunter sooty grunter Mulligan golden perch (Lake Eyre drainage division stock) Murray barramundi (mid north-east coast stock) khaki grunter sooty grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 93 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Nebine freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Nicholson barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Nogo Australian bass barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Southern saratoga Nogoa barramundi (south-east coast stock) freshwater catfish (east coast drainage division stock) golden perch (east coast drainage division stock) silver perch sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Southern saratoga Noosa Australian bass freshwater catfish (east coast drainage division stock) Norman barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 94 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Normanby barramundi (east coast Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) North Johnstone barramundi (mid north-east coast stock) khaki grunter sooty grunter North Pine Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Southern saratoga O’Connell barramundi (central east coast stock) Olive barramundi (east coast Cape York stock) redclaw Palmer redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Paroo freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Pascoe barramundi (east coast Cape York stock) redclaw Pioneer barramundi (central east coast stock) sooty grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 95 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Plane barramundi (central east coast stock) sleepy cod (Comet, Dawson, Fitzroy, Isaac, Mackenzie, Nogoa and Plane river basins stock) Ross barramundi (mid north-east coast stock) Russell barramundi (mid north-east coast stock) khaki grunter sooty grunter Saxby barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Settlement redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Severn freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Shoalwater barramundi (central east coast stock) freshwater catfish (east coast drainage division stock) Skardon barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 96 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Southcoast Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Southern saratoga South Johnstone barramundi (mid north-east coast stock) khaki grunter South Pine Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) silver perch Staaten barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Stanley Australian bass freshwater catfish (east coast drainage division stock) golden perch (Murray-Darling drainage division stock) Mary River cod silver perch Southern saratoga Stewart barramundi (east coast Cape York stock) redclaw Styx barramundi (central east coast stock) Thomson golden perch (Lake Eyre drainage division stock) Torres Strait Islands redclaw Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Current as at 1 September 2019 Page 97 Authorised by the Parliamentary Counsel Schedule 1 Fisheries (General) Regulation 2019 Tully barramundi (mid north-east coast stock) khaki grunter sooty grunter Walsh redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Warrego freshwater catfish (Murray-Darling drainage division stock) golden perch (Murray-Darling drainage division stock) Murray cod silver perch Waterpark freshwater catfish (east coast drainage division stock) Watson barramundi (south-east Gulf of Carpentaria stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Wenlock barramundi (north-west Cape York stock) redclaw sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) sooty grunter Table for release of aquaculture fisheries resources without an authority Column 1 Column 2 River basin Aquaculture fisheries resources that can be released Page 98 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 2 Fisheries (General) Regulation 2019 Schedule 2 River basins where non-indigenous fisheries resources can not be released section 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 Current as at 1 September 2019 Page 99 Authorised by the Parliamentary Counsel Schedule 2 Fisheries (General) Regulation 2019 • 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 Page 100 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Schedule 3 Declared fish habitat areas sections 77 and 78 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Annan River FHA–049 The declared fish habitat area includes the following— • the tidal land and waters of lot 68 on plan BS87 • the esplanade adjacent to lot 253 on plan BK15762 that is within the outer boundary shown on the plan. The declared fish habitat area excludes the following— • the area 80m upstream and downstream from the centre line of the new Cooktown Development Road Bridge that crosses the river • the area under, and within, 50m of the boat ramp on the northern side of Annan River • the road adjacent to lot 29 on CP896317. Current as at 1 September 2019 Page 101 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Baffle Creek FHA–031 The declared fish habitat area includes the tidal land within conservation parks on lot 511 on plan NPW571 and lot 154 on plan FD752. The declared fish habitat area excludes the following— • lot 73 on plan FD391 • lot 46 on plan FD268 • lot 85 on plan FD963 • lot 87 on plan FD963 • lot 114 on plan FD1124 • lot 115 on plan FD1124 • the area 50m either side of the line that links the closest points of lot 3 on RP90442 and lot 81 on plan FD485 • the area 50m upstream and 50m downstream from the line joining the centres of Ferry Road and Boat Ramp Road across Baffle Creek • the area 50m upstream and 50m downstream from the middle of the existing bridge on Hills Road that crosses Oyster Creek • the area 50m upstream and 50m downstream from the middle of the existing causeway on Taunton Road that crosses Oyster Creek. Balban Dara Guya (Leekes Creek) FHA– 076 The declared fish habitat area includes the part of the esplanade near Leekes Beach that is within the outer boundary shown on the fish habitat area plan for the area. Barr Creek FHA–035 The declared fish habitat area includes the following— • lot 147 on plan NR4789 • lot 49 on plan N157300. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 102 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 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 1) The declared fish habitat area excludes the part of lot 25 on plan NPW541 that is not tidal land. Bohle River FHA–027 (revision 1) The declared fish habitat area includes the tidal land on the following— • lot 69 on plan EP2023 • lot 474 on plan OL357. The declared fish habitat area excludes land within the following lots that is not tidal land— • lot 1 on plan AP15635 • lot 422 on plan EP1037 • lot 70 on plan EP2023 • lot 505 on plan NPW643 • lot 2 on plan SP126297. Bowling Green Bay FHA–007 The declared fish habitat area excludes land within the following lots that is not tidal land— • lot 2 on plan VCL38596 (Bray Islet) • lot 3 on plan VCL38596 (Bare Islet) • lots 4 to 7 on plan VCL38596 (Bald Islet) • lot 1 on plan VCL38321 (Sand Island). Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 103 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Broad Sound FHA–047 The declared fish habitat area excludes the area within 5m either side of the shortest line between lot 13 on plan MC108 and lot 5 on RP889520 at either end of the corridor as shown on the fish habitat area plan for the area. Burdekin FHA–005 (revision 1) The declared fish habitat area includes the part of lot 2727 on plan PH1250 that is within the outer boundary shown on the plan. The declared fish habitat area excludes the areas under, or within 50m of, the boat ramps at the following places— • the northern side of Ocean Creek • the northern side of Plantation Creek • the northern side of Hell Hole Creek • the southern side of Groper Creek • the eastern side of Yellow Gin Creek • Wallace’s Landing on the western side of Yellow Gin Creek • the eastern side of Molongle Creek. The declared fish habitat area excludes land within the following lots that is not tidal land— • lot 1 on AP2107 • lot 1 on AP6601 • lot 2 on AP6601 • lot 3 on AP6601. Burrum FHA– 029 (revision 1) The declared fish habitat area includes the following— • lot 20 on plan CK3227 • lot 75 on plan CK3132. The declared fish habitat area excludes the parts of lots 53 and 65 on plan C37398 that are not tidal land. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 104 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Cape Palmerston– Rocky Dam FHA–048 The declared fish habitat area excludes the following— • lot 3 on plan USL 39270 (Taffy Island) • the part of lot 4 on plan USL 39270 that is not tidal land • the part of lot 801 on plan NPW8 that is not tidal land. Cattle–Palm Creeks FHA– 074 The declared fish habitat area includes the following— • lot 479 on plan OL223 • the part of the Cattle Creek Esplanade between Sinclaire Road and the prolongation of the south-western boundary of lot 10 on plan CAR124284 • lots 181 and 384 on plan CWL3001 • the tidal land within lot 545 on plan CWL666 • the tidal land on the part of lot 382 on SP136985 that is within the outer boundary shown on the plan. The declared fish habitat area excludes the part of lot 123 on plan NPW597 that is within the outer boundary shown on the plan. Cawarral Creek FHA– 050 (revision 1) The declared fish habitat area excludes the following— • the area within 30m of the centre line of the trunk water main shown on the plan • the area under, or within 50m of, the boat ramp on the northern side of Cawarral Creek • the area under, or within 50m of, the boat ramp on the southern side of Cawarral Creek. Cleveland Bay FHA–071 The declared fish habitat area includes lot 66 on plan EP1755. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 105 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Colosseum Inlet FHA–037 The 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 plan • lots 5, 6, 9 and 11 on plan FD841442 • lot 10 on plan FD841442 other than the part of the lot that is described on the plan as ‘Exclusion Area’. The declared fish habitat area excludes the following— • lot 697 on plan NPW443 and the esplanades surrounding the lot • the esplanade along the eastern boundary of lot 21 on SP114462 and the south-eastern boundary of lot 4450 on plan PH2277 • lot 1 on USL43258. Coombabah FHA–016 Coomera FHA–023 The declared fish habitat area includes the following— • the part of lot 91 on plan WD3199 that is within the outer boundary shown on the plan • the tidal land on the part of lot 84 on plan WD814529 that is within the outer boundary shown on the plan. Corio Bay FHA–067 The declared fish habitat area includes the following— • the parts of lot 130 on plan NPW811 that 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– 020 The declared fish habitat area includes lots 260 and 261 on plan WD5078. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 106 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Dallachy Creek FHA– 042 The declared fish habitat area excludes the part of lot 771 on plan NPW437 that is not tidal land. Deception Bay FHA–013 (revision 3) The declared fish habitat area includes lots 1 and 2 on AP5183. De-ral-li (Calliope River) FHA– 075 Edgecumbe Bay FHA–069 Eight Mile Creek FHA– 063 Elliott River FHA–052 The declared fish habitat area includes the following— • lot 192 on plan CK2206 • the part of the esplanade adjoining the southern and eastern boundaries of lot 192 on plan CK2206 that is within the outer boundary shown on the plan • the part of the esplanade adjoining the eastern boundaries of lot 11 on RP171643, lot 7 on RP909282 and lot 8 on RP93267, that is within the outer boundary shown on the plan. The declared fish habitat area excludes the following— • lot 21 on plan C371349 • the area within 15m of the centre line of the water supply pipeline between Elliott Heads and Riverview. Escape River FHA–060 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 107 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Eurimbula FHA–038 The declared fish habitat area excludes the land within lot 35 on plan NPW865 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area. Fitzroy River FHA–072 (revision 1) The declared fish habitat area includes lot 18 on plan DS727. The declared fish habitat area excludes the following— • the part of lot 169 on plan DT40169 that is not tidal land • the esplanade surrounding lot 535 on plan NPW714. Fraser Island FHA–053 Half Moon Creek FHA– 033 The declared fish habitat area includes the following— • lot 34 on SP113641 • the part of lot 50 on plan USL9567 that is within the outer boundary shown on the plan. Halifax FHA– 024 The declared fish habitat area includes the part of lot 408 on CP91644 that is within the outer boundary shown on the plan. The declared fish habitat area excludes the following— • the parts of lot 15 on plan USL39609 and lot 72 on plan CWL1870 that are not tidal land • Halifax–Lucinda Point Road • Gentle Annie Creek Road • the small parcels shown and described on the fish habitat area plan for the area as ‘area A’. Hay’s Inlet FHA–012 The declared fish habitat area excludes the following— • the area (the excluded area) of Hay’s Inlet between the prolongation across the inlet of the northern and southern boundaries of lot 23 on RP210075 • the area within 20m of the excluded area. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 108 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Hinchinbrook FHA–028 The declared fish habitat area includes the following— • lot 1 on plan CWL1111 • lot 165 on plan CWL3150 • the part of lot 18 on plan NPW529 within the outer boundary shown on the plan. Hull River FHA–046 The declared fish habitat area excludes the land within lot 113 on plan NPW631 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area. Jumpinpin– Broadwater FHA–021 (revision 2) The declared fish habitat area includes the following— • 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. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 109 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Jumpinpin– Broadwater FHA–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 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 110 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Kinkuna FHA–002 (revision 1) The declared fish habitat area includes the part of lot 112 on plan CK3120 that is within the outer boundary shown on the plan. The declared fish habitat area excludes the national park land that is not tidal land within the outer boundary shown on the fish habitat area plan for the area. Kippa-Ring FHA–014 (revision 1) Kolan River FHA–032 The declared fish habitat area includes the following— • the tidal land on lot 49 on CP844223 within the outer boundary shown on the fish habitat area plan for the area • lot 189 on plan CK3500. The declared fish habitat 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 10 on plan USL43099 • lot 12 on plan USL43095 • lots 17, 19, 20 and 26 on plan USL38977 • lot 27 on plan USL43085 • lot 59 on CP892216 • lot 66 on plan CK2294 • lot 90 on plan C37415. Maaroom FHA–056 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 111 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 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– 001 The declared fish habitat area excludes land on Gould Island, Midge Island, Cave Island and Pigeon Island, that is not tidal land. Moreton Banks FHA– 015 Morning Inlet– Bynoe River FHA–062 Murray River FHA–009 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 112 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Myora–Amity Banks FHA– 017 The declared fish habitat area includes lot 152 on plan SL806436. Nassau River FHA–059 Noosa River FHA–051 (Revision 2) The declared fish habitat area includes the tidal land within the following lots— • lot 35 on plan MCH4795 • lots 140 and 144 to 148 on plan MCH4796 • lot 168 on CP849516 • lot 307 on plan MCH4551 • lots 34 and 35 on plan MCH5214. The declared fish habitat area excludes the following— • lots 55 and 386 on plan MCH1667 • the land within lot 21 on plan NPW659 and lot 3 on plan USL30873 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area. Peel Island FHA–010 The declared fish habitat area excludes land within lot 12 on plan VCL32998 that is not tidal land. Pimpama FHA–022 The declared fish habitat area includes lots 88 and 89 on plan WD6507. Pine River Bay FHA–073 The declared fish habitat area includes the tidal lands on lots 4, 5, 6, 7 and 8 on plan WP50. Princess Charlotte Bay FHA–043 The declared fish habitat area 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 plan NPW365 that is not tidal land. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 113 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Pumicestone Channel FHA– 011 (revision 1) The declared fish habitat area excludes the national park land that is not tidal land within the outer boundary shown on the fish habitat area plan for the area. Repulse FHA– 004 The declared fish habitat area excludes the following— • the national park land that is not tidal land within the outer boundary shown on the fish habitat area plan for the area • the area within 200m of the outer boundary, between 200m north and 200m south of the main building of the Newry Island Resort on Newry Island • the area between the outer boundary and the midstream line of Victor Creek and points 200m either side of the boat ramp (near Seaforth) marked ‘A’ on the plan • the area within 200m of a line running north-west from the northernmost point of Skull Knob to the nearest point of the outer boundary then along the outer boundary at St. Helens Beach to a point 1km west of Carpet Snake Point. Rodds Harbour FHA– 036 Sand Bay FHA–006 (Revision 1) Seventeen Seventy– Round Hill FHA–018 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 114 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Silver Plains FHA–057 The declared fish habitat area includes the part of lot 10 on plan SD19 that is shown within the boundary of the declared fish habitat area. Staaten– Gilbert FHA– 061 Starcke River (Ngulun) FHA–068 The declared fish habitat area includes the land within lot 18 on SP104580 that is tidal land within the outer boundary shown on the fish habitat area plan for the area. The declared fish habitat area excludes the following— • lot 7 on CP892329 • the 150m x 350m area at the mouth of the Starcke River shown and described on the plan as ‘Future Exclusion Area’. Susan River FHA–054 The declared fish habitat area excludes the area shown on the plan as ‘Mooring Area’ adjacent to lot 54 on plan MCH5147. Tallebudgera Creek FHA– 019 The declared fish habitat area includes lot 94 on plan WD6256. Temple Bay FHA–058 The declared fish habitat area includes the following— • the part of the esplanade that is shown 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 Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 115 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Trinity Inlet FHA–003 (Revision 3) The declared fish habitat area includes the following— (a) the following lots— • lots 1 to 4 on plan C19823 • lot 51 on plan NR3159 • lot 92 on plan NR3051 • lot 153 on plan NR4373 • lot 36 on AP7416 • lots 4 and 5 on AP12175 • lot 4 on AP21277 • lots 1 to 4 on AP12174 • lot 1 on AP9494 • lot 1 on SP222769; (b) the parts of the following lots that are within the outer boundary shown on the plan— • lot 1 on RP736304 • lots 40, 41 and 771 on SP113657 • lot 12 on AP3442 • lot 146 on SP129134 • lot 45 on AP3448 • lots 14 and 18 on SP155099 • lots 4, 773 and 775 on SP218291 • lot 19 on SP214821 • lot 4 on SP264282. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 116 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 Trinity Inlet FHA–003 (Revision 3) (continued) The declared fish habitat area excludes— (a) the following— • lot 1 on RP738764 • lot 1 on AP7415 • the area within 10m of the centre line of the vehicular track from Airport Avenue to the Sand Stockpile on lot 1 on RP736304 • the Sand Stockpile on lot 1 on RP736304 • the area within 10m of the centre line of the vehicular track that crosses lot 151 on plan NR4172; and (b) the following esplanades— • the esplanade adjacent to lot 1 on RP736304 and Airport Avenue • the esplanade on the northern side of Pine Creek • the esplanade adjacent to lot 34 on plan USL9876 • the esplanade adjacent to lot 36 on plan AP7416 • the esplanade adjacent to part of lot 111 on plan NR7962 • the esplanade adjacent to lot 158 on plan NR5877 • the esplanades surrounding Mackey Creek; and (c) the roads surrounding Simmonds Creek. Tully River FHA–045 The declared fish habitat area includes the following— • lot 116 on plan CWL2112 • that part of lot 234 on plan CWL1830 within the outer boundary shown on the fish habitat area plan for the area. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Current as at 1 September 2019 Page 117 Authorised by the Parliamentary Counsel Schedule 3 Fisheries (General) Regulation 2019 West Hill FHA–039 The declared fish habitat area includes the part of lot 1 on plan PER3963 that is tidal land. The declared fish habitat area excludes the part of lot 156 on plan NPW878 that is not tidal land within the outer boundary shown on the fish habitat area plan for the area. Wreck Creek FHA–041 The declared fish habitat area excludes the lands that are not tidal on lot 771 on plan NPW437 within the outer boundary shown on the fish habitat area plan for the area. Yorkey’s Creek FHA– 034 (Revision 1) The declared fish habitat area includes the following— • lot 105 on plan AP7001 • lot 139 on plan NR3818. The declared fish habitat area excludes the land within the following lots that is not tidal land within the outer boundary shown on the fish habitat area plan for the area— • lot 75 on plan USL9604 • lot 12 on plan USL9940 • lot 16 on plan USL9940. Column 1 Column 2 Name and fish habitat area plan number Particular areas included in or excluded from the declared fish habitat area Page 118 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 4 Fisheries (General) Regulation 2019 Schedule 4 Matters for particular fisheries offences under the Act sections 97 and 98 Part 1 Prescribed quantities for priority fish Priority fish Commercial quantity number volume (L) weight equivalent (kg) barramundi 25 55 black jewfish 5 17.5 (or 2 if only bladders) mud crab 50 40 (or 20 if only meat) Murray cod 10 30 prawn 50 ray 5 25 (or 5 if only fins) redthroat emperor 40 40 regulated coral trout 35 35 sea cucumber 25 25 shark 5 25 (or 5 if only fins) snapper 20 20 spanish mackerel 15 50 tropical rocklobster 25 25 Current as at 1 September 2019 Page 119 Authorised by the Parliamentary Counsel Schedule 4 Fisheries (General) Regulation 2019 Part 2 Waters in which non-indigenous fisheries resources may be released Column 1 Column 2 Queensland waters Non-indigenous fisheries resources Albert river basin Australian lungfish golden perch Mary River cod Auburn river basin Australian bass barramundi golden perch silver perch Southern saratoga Barambah river basin Australian bass barramundi golden perch silver perch Southern saratoga Barron river basin khaki grunter sooty grunter Belyando river basin sooty grunter Bowen river basin sooty grunter Boyne river basin silver perch Southern saratoga Page 120 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 4 Fisheries (General) Regulation 2019 Bremer river basin Australian lungfish golden perch Mary River cod silver perch Southern saratoga Brisbane river basin Australian lungfish golden perch Mary River cod silver perch Southern saratoga Burdekin river basin sooty grunter Burnett river basin Australian bass golden perch silver perch Southern saratoga Burrum river basin Australian bass golden perch silver perch Southern saratoga Caboolture river basin golden perch Mary River cod silver perch Comet river basin barramundi Column 1 Column 2 Queensland waters Non-indigenous fisheries resources Current as at 1 September 2019 Page 121 Authorised by the Parliamentary Counsel Schedule 4 Fisheries (General) Regulation 2019 Dawson river basin barramundi silver perch Fitzroy river basin silver perch Gregory river basin Australian bass Kolan river basin Australian bass silver perch Lake Borumba Southern saratoga Lake Macdonald Southern saratoga Lockyer river basin Australian lungfish golden perch Mary River cod silver perch Southern saratoga Logan river basin Australian lungfish golden perch Mary River cod silver perch Southern saratoga Mackenzie river basin barramundi Maroochy river basin golden perch Mary River cod silver perch Mary river basin Australian bass Column 1 Column 2 Queensland waters Non-indigenous fisheries resources Page 122 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 4 Fisheries (General) Regulation 2019 golden perch silver perch Nogoa river basin barramundi silver perch Nogo river basin Australian bass barramundi golden perch silver perch Southern saratoga North Pine river basin Australian lungfish golden perch Mary River cod silver perch Southern saratoga Southcoast river basin Australian lungfish golden perch silver perch Southern saratoga South Pine river basin Australian lungfish golden perch Mary River cod silver perch Stanley river basin Australian bass Column 1 Column 2 Queensland waters Non-indigenous fisheries resources Current as at 1 September 2019 Page 123 Authorised by the Parliamentary Counsel Schedule 4 Fisheries (General) Regulation 2019 Australian lungfish golden perch Mary River cod silver perch Southern saratoga Column 1 Column 2 Queensland waters Non-indigenous fisheries resources Page 124 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 5 Fisheries (General) Regulation 2019 Schedule 5 Fees relating to development section 137 Part 1 Resource allocation authorities $ 1 Assessment of application for resource allocation authority relating to— (a) prescribed declared fish habitat area development— (i) for a level 1 assessment 601.70 (ii) for a level 2 assessment 1,853.10 (iii) for a level 3 assessment 3,552.00 (iv) for a level 4 assessment 7,257.15 (v) for a level 5 assessment 18,066.75 (b) development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d) or that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce 601.70 (c) prescribed aquaculture development— (i) for a level 1 assessment 601.70 (ii) for a level 2 assessment 1,853.10 (iii) for a level 3 assessment 3,552.00 (iv) for a level 4 assessment 7,257.15 (v) for a level 5 assessment 18,066.75 Current as at 1 September 2019 Page 125 Authorised by the Parliamentary Counsel Schedule 5 Fisheries (General) Regulation 2019 Part 2 Fish movement exemption notices 2 Assessment of application for renewal of resource allocation authority 601.70 $ 1 Assessment of application for fish movement exemption notice— (a) for a level 1 assessment 601.70 (b) for a level 2 assessment 1,853.10 (c) for a level 3 assessment 3,552.00 (d) for a level 4 assessment 7,257.15 (e) for a level 5 assessment 18,066.75 Page 126 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 6 Fisheries (General) Regulation 2019 Schedule 6 Other fees section 139 Part 1 Fees for licences Part 2 Fees for fishery symbols or quota authorities $ 1 Registration fee 327.65 2 Annual fee 327.65 3 Additional administrative fee if annual fee paid in 2 payments 32.80 Fishery symbol or quota authority $ Commercial harvest fisheries A1 380.05 A2 124.50 B1 13.1038/unit D 6.5519/unit E 124.50 F 124.50 G 124.50 H 124.50 J1 where a unit equals each whole 100kg entitled to be taken under the licence on which the symbol is written 13.1038/unit JE 124.50 Current as at 1 September 2019 Page 127 Authorised by the Parliamentary Counsel Schedule 6 Fisheries (General) Regulation 2019 O 65.5193/area P 380.05 W1 124.50 W2 124.50 Y 124.50 Commercial line fisheries L1 380.05 L2 380.05 L3 380.05 L4 1,113.75 L8 1,113.75 Commercial net fisheries K1 760.10 K2 760.10 K3 760.10 K4 760.10 K5 760.10 K6 760.10 K7 760.10 K8 760.10 N1 380.05 N2 760.10 N3 1,441.55 N4 2,883.00 N10 1,113.75 N11 196.55 N12 22,901.05 N13 12,722.85 East coast trawl fishery M1 nil Fishery symbol or quota authority $ Page 128 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 6 Fisheries (General) Regulation 2019 M2 1,113.75 T1 nil T2 nil T5 380.05 T6 380.05 T7 380.05 T8 380.05 T9 380.05 T1 effort unit 0.3934 T2 effort unit 0.3934 Other commercial fisheries SM nil SM unit 0.1965 C1 380.05 C2 nil C3 380.05 ITQ unit 0.9828 R where a unit equals each 1kg of (whole weight) fish entitled to be taken under the licence on which the symbol is written 0.3934/unit S 760.10 T4 380.05 T4-ITQ unit 0.03669 RQ nil CT line unit 0.3934 OS line unit 0.1965 RTE line unit 0.1965 Fee for all fishery symbols and quota authorities Additional administrative fee if annual fee paid in 2 payments 32.80 Fishery symbol or quota authority $ Current as at 1 September 2019 Page 129 Authorised by the Parliamentary Counsel Schedule 6 Fisheries (General) Regulation 2019 Part 3 Other fees $ 1 Application for developmental fishing permit 6,159.10 2 Application for indigenous fishing permit nil 3 Issue of stocked impoundment permit— (a) permit for 1 week 10.00 (b) permit for 1 year for 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 conditions 36.00 (c) permit for 1 year for a person other than a person mentioned in paragraph (b) 50.00 4 Application for general fisheries permit 327.65 5 Request to amend a licence (Act, s 63(4)(d))— (a) if the request is to replace a boat identified in the licence 163.85 (b) otherwise at reasonable cost, but no more than actual cost Page 130 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 6 Fisheries (General) Regulation 2019 6 Fishery symbol movement application under the Fisheries (Commercial Fisheries) Regulation 2019 163.85 7 Application to register the transfer of an authority (Act, s 65A(4))— (a) for a temporary transfer under s 65C of the Act 32.80 (b) otherwise 163.85 8 Application for a replacement authority (Act, s 71(2)(b)) 32.80 9 Inspecting, or obtaining a copy of details in, the register (Act, s 73(4)) at reasonable cost, but no more than actual cost 10 Application for a certificate, about an authority, under s 74(3) of the Act 163.85 $ Current as at 1 September 2019 Page 131 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Schedule 7 References relating to particular fish section 16 Part 1 Scientific names for fish 1 Definitions for part In 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. 2 Scientific names generally The 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. 3 Relevant reference documents The 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. Page 132 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 4 Different 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 2 Regulated coral reef fin fish 1 Reference to group of regulated coral reef fin fish includes other taxonomic grouping A 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. Current as at 1 September 2019 Page 133 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Table 1—Particular cod and grouper Column 1 Column 2 Common name Scientific name barramundi cod Cromileptes altivelis bar rockcod Epinephelus ergastularius and Epinephelus septemfasciatus bass groper Polyprion americanus birdwire rockcod Epinephelus merra blacksaddle rockcod Epinephelus howlandi blacktip rockcod Epinephelus fasciatus bluelined rockcod Cephalopholis formosa bluespotted rockcod Cephalopholis cyanostigma brownbarred rockcod Cephalopholis boenak camouflage grouper Epinephelus polyphekadion Chinaman rockcod Epinephelus rivulatus comet grouper Epinephelus morrhua coral grouper Epinephelus corallicola coral rockcod Cephalopholis miniata dot-head rockcod Cephalopholis microprion eightbar grouper Epinephelus octofasciatus flagtail rockcod Cephalopholis urodeta flowery rockcod Epinephelus fuscoguttatus foursaddle grouper Epinephelus spilotoceps greasy rockcod Epinephelus tauvina hapuku Polyprion oxygeneios Page 134 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 highfin grouper Epinephelus maculatus leopard rockcod Cephalopholis leopardus longfin rockcod Epinephelus quoyanus Maori rockcod Epinephelus undulatostriatus peacock rockcod Cephalopholis argus potato rockcod Epinephelus tukula purple rockcod Epinephelus cyanopodus Queensland groper Epinephelus lanceolatus radiant rockcod Epinephelus radiatus redmouth rockcod Aethaloperca rogaa sixband rockcod Cephalopholis sexmaculata sixbar grouper Epinephelus sexfasciatus snubnose grouper Epinephelus macrospilos speckled grouper Epinephelus magniscuttis specklefin grouper Epinephelus ongus strawberry rockcod Cephalopholis spiloparaea thinspine grouper Gracila albomarginata tomato rockcod Cephalopholis sonnerati whitelined rockcod Anyperodon leucogrammicus whitespotted grouper Epinephelus coeruleopunctatus wirenet rockcod Epinephelus hexagonatus yellowspotted rockcod Epinephelus areolatus Table 1—Particular cod and grouper Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 135 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Table 2—Particular coral trout Column 1 Column 2 Common name Scientific name barcheek coral trout Plectropomus maculatus bluespotted coral trout Plectropomus laevis common coral trout Plectropomus leopardus coral trout Plectropomus spp. and Variola spp. passionfruit coral trout Plectropomus areolatus vermicular cod Plectropomus oligacanthus white-edge coronation trout Variola albimarginata yellowedge coronation trout Variola louti Table 3—Particular emperor Column 1 Column 2 Common name Scientific name bigeye seabream Monotaxis grandoculis collar seabream Gymnocranius audleyi goldspot seabream Gnathodentex aureolineatus longnose emperor Lethrinus olivaceus miscellaneous emperor, other than grass emperor Lethrinus spp., other than Lethrinus laticaudis Mozambique seabream Wattsia mossambica orangespotted emperor Lethrinus erythracanthus orangestriped emperor Lethrinus obsoletus ornate emperor Lethrinus ornatus paddletail seabream Gymnocranius euanus Page 136 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 spotcheek emperor Lethrinus rubrioperculatus redspot emperor Lethrinus lentjan redthroat emperor Lethrinus miniatus Robinson’s seabream Gymnocranius grandoculis seabream Gymnocranius spp. spangled emperor Lethrinus nebulosus threadfin emperor Lethrinus genivittatus thumbprint emperor Lethrinus harak variegated emperor Lethrinus variegatus yellowlip emperor Lethrinus xanthochilus yellowtail emperor Lethrinus atkinsoni Table 4—Fusilier Column 1 Column 2 Common name Scientific name fusilier family Caesionidae Table 5—Particular parrotfish Column 1 Column 2 Common name Scientific name bicolour parrotfish Cetoscarus bicolor bumphead parrotfish Bolbometopon muricatum miscellaneous parrotfish family Scaridae Table 3—Particular emperor Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 137 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Table 6—Particular surgeonfish Column 1 Column 2 Common name Scientific name surgeonfish Acanthurus spp. and Ctenochaetus spp. unicornfish Naso spp. and Prionurus spp. Table 7—Particular sweetlip Column 1 Column 2 Common name Scientific name miscellaneous sweetlip Plectorhinchus spp. painted sweetlip Diagramma pictum labiosum Table 8—Particular tropical snapper and seaperch Column 1 Column 2 Common name Scientific name bigeye snapper Lutjanus lutjanus black-and-white snapper Macolor niger blackspot snapper Lutjanus fulviflamma blacktail snapper Lutjanus fulvus bluestriped snapper Lutjanus kasmira brownstripe snapper Lutjanus vitta Chinamanfish Symphorus nematophorus crimson snapper Lutjanus erythropterus darktail snapper Lutjanus lemniscatus fiveline snapper Lutjanus quinquelineatus flame snapper Etelis coruscans Page 138 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 goldband snapper Pristipomoides multidens and Pristipomoides typus green jobfish Aprion virescens hussar Lutjanus adetii lavender snapper Pristipomoides sieboldii Maori snapper Lutjanus rivulatus midnight snapper Macolor macularis miscellaneous jobfish and snapper, other than mangrove jack and golden snapper Aphareus spp., Etelis spp., Pristipomoides spp., and Lutjanus spp., other than Lutjanus argentimaculatus and Lutjanus johnii Moses snapper Lutjanus russelli onespot snapper Lutjanus monostigma paddletail Lutjanus gibbus red bass Lutjanus bohar red emperor Lutjanus sebae rosy snapper Pristipomoides filamentosus ruby snapper Etelis carbunculus saddletail snapper Lutjanus malabaricus sailfin snapper Symphorichthys spilurus smalltooth jobfish Aphareus furca stripey snapper Lutjanus carponotatus Table 8—Particular tropical snapper and seaperch Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 139 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Part 3 Particular non-indigenous fish Table 9—Particular wrasse Column 1 Column 2 Common name Scientific name anchor tuskfish Choerodon anchorago blackspot tuskfish Choerodon schoenleinii blue tuskfish Choerodon cyanodus humphead Maori wrasse Cheilinus undulatus pigfish Bodianus spp. purple tuskfish Choerodon cephalotes redbreast Maori wrasse Cheilinus fasciatus tripletail Maori wrasse Cheilinus trilobatus Venus tuskfish Choerodon venustus Column 1 Column 2 Common name Scientific name African mono Monodactylus sebae angel fish Pterophyllum spp. archerfish Toxotes jaculatrix Argentine bloodfin (tetra) Aphyocharax anisitsi armoured (cory) catfish Corydoras spp. asoka barb Puntius asoka auratus Melanochromis auratus banded barb Barbodes pentazona Page 140 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 banded leporinus Leporinus fasciatus betta Betta spp. big-spot rasbora Rasbora kalochroma bitterling Rhodeus amarus and Rhodeus sericeus black-banded headstander Chilodus punctatus black-banded osteochilus Osteochilus vittatus black-finned rummy-nose Petitella georgiae black ghost knife fish Apteronotus albifrons black-line silver hatchet fish Gasteropelecus spp. black phantom tetra Megalamphodus megalopterus black ruby barb Puntius nigrofasciatus black shark Morulius chrysophekadion black-spot filament barb Puntius filamentosus black-spotted upsidedown catfish Synodontis nigriventris black tetra Gymnocorymbus ternetzi blind cave tetra Astyanax mexicanus blue acara Aequidens pulchrus blue gourami Trichogaster trichopterus blue line rasbora Rasbora taeniata brichardi Lamprologus brichardi bumblebee fish Brachygobius spp. butterfly fish Pantodon buchholzi cardinal tetra Paracheirodon axelrodi Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 141 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Celebes rainbow Telmatherina ladigesi chalinochromis Chalinochromis spp. checkerboard barb Capoeta oligolepis cherry barb Capoeta titteya Chinese algae eater Gyrinocheilos aymonieri chocolate gourami Sphaerichthys osphromenoides clown barb Barbodes everetti clown loach Botia macracantha Cochu’s blue tetra Boehlkea fredcochui common brochis Brochis splendens Congo tetra Phenacogrammus interruptus copper striped rasbora Rasbora leptosoma croaking gourami Trichopsis vittatus Cumming’s barb Puntius cummingi discus Symphysodon spp. duboisi Tropheus duboisi dusky krib Pelvicachromis pulcher dwarf cichlid Apistogramma spp. dwarf flag cichlid Aequidens curviceps dwarf gourami Colisa lalia dwarf lattice cichlid Nannacara spp. dwarf loach Botia sidthimunki elegant rasbora Rasbora elegans Column 1 Column 2 Common name Scientific name Page 142 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 elephantnose Gnathonemus macrolepidotus elephantnose (Peter’s) Gnathonemus petersii emperor tetra Nematobrycon palmeri false magnificant rasbora Rasbora borapetensis flag cichlid Cichlasoma festivum flagtail porthole catfish Dianema urostriata flying fox Epalzeorhynchus kalopterus freshwater flounder Trinectes maculatus Frideric’s leporinus Leporinus friderici giant danio Danio aequipinnatus glass barb Puntius puellus glass bloodfin Prionobrama filigera glass catfish Kryptopterus bicirrhis glass fish Chanda spp. gold-cheek krib Pelvicachromis subocellatus golden dwarf cichlid Nannacara anomala golden gourami Trichogaster trichopterus goldfish Carassius auratus gold line rasbora Rasbora steineri guppy Poecilia reticulata hard lipped barb Osteochilus hasseltii harlequin rasbora Rasbora heteromorpha hatchetfish Carnegiella and Thoracocharax spp. Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 143 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 headstander Abramites hypselonotus and Anostomus spp. hi-spot rasbora Rasbora dorsiocellata honey dwarf gourami Colisa chuna Indian hatchetfish Chela laubuca Javanese rice fish Oryzias javanicus julie Julidochromis spp. Kerr’s danio Brachydanio kerri keyhole cichlid Aequidens maroni killie fish Aphyosemion spp. kissing gourami Helostoma temmincki kooli barb Puntius vittatus kuhli loach Acanthophthalmus kuhli latticed cichlid Limnotilapia dardennii leopard danio Brachydanio frankei lipstick leporinus Leporinus arcus little giant gourami Colisa fasciata long-band rasbora Rasbora einthoveni longfin barb Capoeta arulius long-finned African tetra Brycinus longipinnis Malayan flying barb Esomus malayensis Malayan halfbeak Dermogenys pusillus medaka Oryzias latipes melanochromis Melanochromis similis Column 1 Column 2 Common name Scientific name Page 144 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 microbrycon Microbrycon fredcochui mono Monodactylus argenteus moonlight gourami Trichogaster microlepis moorii Tropheus moorii multi-banded leporinus Leporinus multifasciatus Myers’s hillstream loach Pseudogastromyzon myersi neon tetra Paracheirodon innesi opaline gourami Trichogaster trichopterus orange-finned rasbora Rasbora vaterifloris ornate pimelodus Pimelodus ornatus oscar Astronotus ocellatus panchax Aplocheilus and Epiplatys spp. paradise fish (only males) Macropodus opercularis pearl danio Brachydanio albolineatus pearl gourami Trichogaster leeri pencil fish Nannostomus and Poecilobrycon spp. penguin fish Thayeria spp. platy Xiphophorus maculatus platy variatus Xiphophorus variatus poorman’s glass catfish Kryptopterus macrocephalus pristella Pristella maxillaris pygmy gourami Trichopsis pumilus Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 145 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 rainbow fish Glossolepsis, Chilatherina, Melanotaenia spp. rainbow shark Labeo erythrurus ram Microgeophagus ramirezi red-finned black shark Labeo bicolor red-finned shark Labeo frenatus red line rasbora Rasbora pauciperforata red-striped barb Puntius bimaculatus rosy barb Puntius conchonius saddled hillstream loach Homaloptera orthogoniata sailfin molly Poecilia latipinna sarawak rasbora Rasbora sarawakensis scissortail rasbora Rasbora trilineata Siamese flying fox Epalzeorhynchus siamensis silver prochilodus Prochilodus insignis silver rasbora Rasbora argyrotaenia sphenops mollie Poecilia sphenops spiny eel Macrognathus aculeatus spot-tailed leporinus Leporinus melanopleura spot-tailed rasbora Rasbora caudimaculata spotted danio Brachydanio nigrofascicatus spotted leporinus Leporinus maculatus spotted rasbora Rasbora maculata striped barb Puntius lineatus Column 1 Column 2 Common name Scientific name Page 146 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 striped kribensis Pelvicachromis taeniatus striped leporinus Leporinus striatus sucker catfish Otocinclus arnoldi Swegle’s tetra Megalamphodus sweglesi swordtail Xiphophorus helleri tetra Hemigrammus, Hyphessobrycon and Moenkhausia spp. thick-lipped gourami Colisa labiosa thin-banded barb Capoeta semifasciolatus tic-tac-toe barb Puntius ticto tiger barb Capoeta tetrazona tricolor shark Balantiocheilos melanopterus twig catfish Farlowella acus variegated shark Labeo variegatus whiptail catfish Loricaria filamentosa white cloud mountain minnow Tanichthys albonubes yellow tail rasbora Rasbora dusonensis Yucatan mollie Poecilia velifera zebra danio Brachydanio rerio Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 147 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Part 4 Particular freshwater fish Column 1 Column 2 Common name Scientific name Agassiz’s glassfish Ambassis agassizii Aru gudgeon Oxyeleotris aruensis Australian bass Macquaria novemaculeata Australian lungfish Neoceratodus forsteri Australian smelt Retropinna semoni banded rainbowfish Melanotaenia trifasciata Barcoo grunter Scortum barcoo barred grunter Amniataba percoides blackbanded rainbowfish Melanotaenia nigrans blackmast Craterocephalus stramineus Bloomfield River cod Guyu wujalwujalensis blue catfish Neoarius graeffei bony bream Nematalosa erebi boofhead catfish Neoarius leptaspis Cairns rainbowfish Cairnsichthys rhombosomoides Celebes flathead goby Glossogobius sp 1 chequered rainbowfish Melanotaenia inornata cherabins Macrobrachium rosenbergii or Macrobrachium lar coal grunter Hephaestus carbo concave flathead goby Glossogobius concavifrons Page 148 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Cooper Creek catfish Neosiluroides cooperensis crimson spotted rainbowfish Melanotaenia duboulayi delicate blue eye Pseudomugil tenellus desert goby Chlamydogobius eremius desert rainbowfish Melanotaenia tatei Eastern rainbowfish Melanotaenia splendida Edgbaston hardyhead Craterocephalus sp. elongate glassfish Ambassis elongatus empire gudgeon Hypseleotris compressa fimbriate gudgeon Oxyeleotris fimbriata firetail gudgeon Hypseleotris galii flagtail glassfish Ambassis miops flathead gudgeon Philypnodon grandiceps forktail catfish family Ariidae freshwater catfish Tandanus tandanus freshwater longtom Strongylura krefftii freshwater prawn family Palaemonidae Gilbert’s grunter Pingalla gilberti golden flathead goby Glossogobius aureus golden perch Macquaria ambigua Gulf Grunter Scortum ogilbyi highfin catfish Neoarius berneyi jungle perch Kuhlia rupestris Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 149 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 khaki grunter Hephaestus tulliensis Lake Eacham rainbowfish Melanotaenia eachamensis Lake’s carp gudgeon Hypseleotris sp B leathery grunter Scortum hillii longfin eel Anguilla reinhardtii Lorentz grunter Pingalla lorentzi Macleay’s glassfish Ambassis macleayi Mary River cod Maccullochella peelii mariensis McCulloch’s rainbowfish Melanotaenia maccullochi Midgley’s carp gudgeon Hypseleotris sp A Mueller’s glassfish Ambassis mulleri Mulgrave goby Glossogobius sp B Murray cod Maccullochella peelii peelii Murray River rainbowfish Melanotaenia fluviatilis Myross hardyhead Craterocephalus sp. Northern purplespotted gudgeon Mogurnda mogurnda Northern saratoga Scleropages jardinii Obbes’ catfish Porochilus obbesi ornate rainbowfish Rhadinocentrus ornatus Pacific blue eye Pseudomugil signifer Pacific shortfin eel Anguilla obscura pennyfish Denariusa australis poreless gudgeon Oxyeleotris nullipora Column 1 Column 2 Common name Scientific name Page 150 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 redclaw Cherax quadricarinatus Rendahl’s catfish Porochilus rendahli river blackfish Gadopsis marmoratus Roman-nose goby Awaous acritosus sailfin glassfish Ambassis agrammus scaleless goby Schismatogobius insignum sevenspot archerfish Toxotes chatareus silver catfish Porochilus argenteus silver cobbler Neoarius midgleyi silver perch Bidyanus bidyanus sleepy cod Oxyeleotris lineolata smallhead grunter Scortum parviceps snakehead gudgeon Giurus margaritacea sooty grunter Hephaestus fuliginosus Southern purplespotted gudgeon Mogurnda adspera Southern saratoga Scleropages leichardti Southern shortfin eel Anguilla australis spangled perch Leiopotherapon unicolor speckled goby Redigobius bikolanus spiny crayfish Euastacus spp. spotted blue eye Pseudomugil gertrudae spotted flagtail Kuhlia marginata square blotch goby Glossogobius sp C Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 151 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Part 5 Particular fish found in the fishery area of the east coast trawl fishery striped gudgeon Gobiomorphus australis tank goby Glossogobius giurus threadfin rainbowfish Iriatherina werneri Utchee Creek rainbowfish Melanotaenia utcheenis Welch’s grunter Bidyanus welchi western carp gudgeon Hypseleotris klunzingeri yabby Cherax destructor Column 1 Column 2 Common name Scientific name Balmain bug Ibacus peronii cuttlefish Metasepia spp., Sepia spp. deepwater bug Ibacus alticrenatus goatfish family Mullidae mantis shrimp family Squillidae Moreton Bay bug Thenus spp. octopus Octopus spp. pipefish Solegnathus dunckeri, Solegnathus hardwickii prawn family Penaeidae Column 1 Column 2 Common name Scientific name Page 152 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Part 6 Other particular fish red champagne lobster Linuparus trigonus saucer scallop Yilstrum balloti scallop family Pectinidae shovel-nosed lobster Ibacus brucei slipper lobster Scyllarides spp. smooth bug Ibacus chacei squid Loliolus, Nototodarus, Photololigo, Sepioteuthis spp. threadfin bream family Nemipteridae three-spotted crab Portunus sanguinolentus yellowtail scad Trachurus novaezelandiae and Trachurus declivis Column 1 Column 2 Common name Scientific name albacore Thunnus alalunga amberjack Seriola dumerili and S. rivoliana Australian anchovy Engraulis australis Australian sardine Sardinops neopilchardus or Sardinops sagax barramundi Lates calcarifer barred javelin Pomadasys kaakan Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 153 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 beachworm family Onuphidae bigeye tuna Thunnus obesus billfish families Istiophoridae and Xiphiidae bivalve mollusc class Bivalvia black jewfish Protonibea diacanthus blacklip oyster Striostrea mytiloides blacklip pearl oyster Pinctada margaritifera blackspotted rockcod Epinephelus malabaricus black teatfish Holothuria whitmaei (previously Holothuria nobilis) bloodworm family Eunicidae blue swimmer crab Portunus armatus blue threadfin Eleutheronema tetradactylum cobia Rachycentron canadum common hardyhead Atherinomorus vaigiensis Cribb Island worm Marphysa mullawa diamondscale mullet Liza vaigiensis Dorab wolf herring Chirocentrus dorab dusky flathead Platycephalus fuscus eel Anguilla spp. fanfish family Bramidae flathead Platycephalus spp. freshwater mullet Trachystoma petardi garfish family Hemiramphidae Column 1 Column 2 Common name Scientific name Page 154 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 gastropod class Gastropoda giant clam family Tridacnidae giant helmet shell Cassis cornuta giant queenfish Scomberoides commersonnianus goldenline whiting Sillago analis golden snapper Lutjanus johnii goldlip pearl oyster Pinctada maxima goldspotted rockcod Epinephelus coioides grass emperor Lethrinus laticaudis great barracuda Sphyraena barracuda green snail Turbo marmoratus grey mackerel Scomberomorus semifasciatus grey reef shark Carcharhinus amblyrhynchos guitarfish family Rhynchobatidae hammerhead shark Sphyrna spp. helmet shell Cassis cornuta king threadfin Polydactylus macrochir longtail tuna Thunnus tonggol luderick Girella tricuspidata mahi mahi Coryphaena spp. mangrove jack Lutjanus argentimaculatus manta ray Manta spp. maray Etrumeus teres Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 155 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 marine yabby Trypaea australiensis milky oyster Saccostrea cuccullata mud crab Scylla spp. mullet family Mugilidae mulloway Argyrosomus holoepidotus Northern bluefin tuna Thunnus orientalis Northern whiting Sillago sihama painted crayfish Panulirus ornatus pearl oyster—see entries for blacklip pearl oyster and goldlip pearl oyster pearl perch Glaucosoma scapulare pickhandle barracuda Sphyraena jello pikey bream Acanthopagrus berda pipi family Donacidae pomfret family Bramidae queenfish Scomberoides spp. ray orders Myliobatiformes, Rajiformes, Torpediniformes, Rhiniformes and Rhinobatiformes samsonfish Seriola hippos sandtiger shark Odontaspis ferox sand whiting Sillago ciliata sawfish family Pristidae scaly jewfish Nibea squamosa Column 1 Column 2 Common name Scientific name Page 156 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 school mackerel Scomberomorus queenslandicus sea cucumber families Holothuriidae and Stichopodidae sea mullet Mugil cephalus shark orders Carcharhiniformes, Lamniformes and Orectolobiformes shark mackerel Grammatorcynus bicarinatus shovelnose ray family Rhinobatidae silver biddy Gerres subfasciatus silver javelin Pomadasys argenteus skipjack tuna Katsuwonus pelamis smooth-clawed rock crab Leptodius affinis snapper Pagras auratus soldier crab Mictyris longicarpus Southern bluefin tuna Thunnus maccoyii Southern herring Herklotsichthys castelnaui spanish mackerel Scomberomorus commerson spanner crab Ranina ranina speartooth shark genus Glyphis spotted mackerel Scomberomorus munroi swallowtail dart Trachinotus coppingeri tailor Pomatomus saltatrix tarwhine Rhabdosargus sarba teraglin Atractoscion aequidens Column 1 Column 2 Common name Scientific name Current as at 1 September 2019 Page 157 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Part 7 Reference documents for scientific names three-spotted crab Portunus sanguinolentus tiger squid Sepioteuthis lessoniana trevally family Carangidae trochus Trochus niloticus tropical rocklobster family Palinuridae trumpeter whiting Sillago maculata trumpet shell Charonia tritonis wahoo Acanthocybium solandri white shark Carcharodon carcharias white teatfish Holothuria fuscogilva whitetip reef shark Triaenodon obesus yellowfin bream Acanthopagrus australis yellowfin tuna Thunnus albacares yellowtail kingfish Seriola lalandi yellowtail pike Sphyraena obtusata 1 Rees, A.J.J., Yearsley, G.K., and Gowlett-Holmes, K., Codes for Australian Aquatic Biota, CSIRO Marine and Atmospheric Research, World Wide Web electronic publications, 1999 onwards. Available at www.marine.csiro.au/caab/. Column 1 Column 2 Common name Scientific name Page 158 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 Part 8 References to stocks of fish 1 References to a stock of fish by location generally A reference to a stock of fish by its geographical location is a reference to the population of the fish that is indigenous to the location. Example— A reference to the sleepy cod (Gulf of Carpentaria drainage division and Normanby river basin stock) is a reference to the population of sleepy cod that is indigenous to the Gulf of Carpentaria drainage division and Normanby river basin. 2 References to stocks of barramundi by particular locations In 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. 2 Froese, R. and Pauly, D., Editors, 2019, FishBase, World Wide Web electronic publication. Available at www.fishbase.org. Current as at 1 September 2019 Page 159 Authorised by the Parliamentary Counsel Schedule 7 Fisheries (General) Regulation 2019 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. Page 160 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 Schedule 8 References relating to waters or areas section 17 Part 1 Working out boundaries of waters or areas generally 1 References to latitudes and longitudes (1) Subject to subsection (2), the latitudes and longitudes used to describe the boundary of an area are worked out using GDA 94. (2) The latitudes and longitudes used to describe the boundary of an area shown on a fish habitat area plan mentioned in schedule 3 are worked out using the geodetic datum shown on the plan. 2 References to boundaries, lines, shores and other points Unless otherwise provided, the following apply— (a) a boundary or line along a shore follows high water mark; (b) a boundary or line along a shore intersected by a waterway crosses the waterway by the shortest line between its banks; (c) other boundaries and lines run from point to point in a straight line; (d) a reference to a shore is a reference to the shore at high water mark; (e) a reference to a point or to the tip of an island or other geographical feature, is a reference to the point or tip on the shore at high water mark. Current as at 1 September 2019 Page 161 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 3 References to waterways Unless otherwise provided, a reference to a waterway is a reference to all of the following— (a) the waterway upstream of the shortest line between its banks at their junction, at low water, with the body of water into which the waterway finally flows; (b) the foreshores of the waterway. 4 References to banks of waterways Unless otherwise provided, a reference to a bank of a waterway is a reference to the bank at its junction, at high water, with the body of water into which the waterway finally flows. 5 References to aids to navigation A 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 2 Meaning of particular terms used to describe waters or areas 6 Meaning of 7n mile line 7n mile line is a line parallel to the territorial sea baseline and 7n miles out to sea. 7 Meaning of 25n mile line 25n mile line is a line parallel to the territorial sea baseline and 25n miles out to sea. Page 162 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 8 Meaning of coastal 500m line Coastal 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. 9 Meaning of dam A dam is an artificial structure that is designed and constructed to hold water above the level of the banks of a waterway. 10 Meaning 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. 11 Meaning of full supply level Full 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. 12 Meaning of inlet An 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. Current as at 1 September 2019 Page 163 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 13 Meaning of territorial sea baseline The 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 3 References to particular waters or areas 14 References to river basins by name or reference number (1) A reference to a river basin of a particular name is a reference to the river basin of that name shown on the freshwater basins map. (2) However, a reference to a river basin does not include tidal waters in the river basin. (3) 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. 15 References 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). Page 164 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 16 Meaning of nearshore waters Nearshore 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. 17 Meaning of offshore waters Offshore 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. 18 Meaning 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 Current as at 1 September 2019 Page 165 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 • 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 Page 166 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 8 Fisheries (General) Regulation 2019 • 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. Current as at 1 September 2019 Page 167 Authorised by the Parliamentary Counsel Schedule 9 Fisheries (General) Regulation 2019 Schedule 9 References relating to boats section 18 1 Definition for schedule In this schedule— amidships, of a boat, means the vertical plane at the middle of the boat’s length at a right angle to its centre-line plane. 2 Meaning of beam of a boat The beam, of a boat, is the maximum breadth at the boat’s amidships between— (a) if the boat has a metal shell—the moulded lines of its frame; or (b) otherwise—the outer surfaces of its hull, excluding sponsons, fenders and rubbing strips. 3 Meaning of depth of a boat (1) The depth, of a boat, is the vertical distance from the boat’s keel datum to— (a) if the boat is or was modified or replaced after 15 December 2000 under a relevant provision—a point at the boat’s amidships that is level with the highest point of its uppermost continuous deck; or (b) otherwise— (i) for a boat with a stepped uppermost continuous deck the raised part of which extends over the boat’s amidships—a line of reference extending from the lower part of the deck along a parallel line to the raised part; or (ii) if subparagraph (i) does not apply—the underside of the boat’s uppermost continuous deck at the boat’s amidships. Page 168 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 9 Fisheries (General) Regulation 2019 (2) In this section— keel datum, of a boat, means— (a) for a composite or wooden boat—the lower edge of the boat’s keel rabbet; or (b) for a boat with a hollow form at the bottom of its amidships or with thick or horizontal garboards fitted to its bottom—the point where the line of the boat’s bottom continued inwards cuts the boat’s centre-line plane; or (c) if, because of the boat’s shape, the keel datum can not be worked out under paragraph (a) or (b)—the tangent providing the greatest depth measurement. relevant provision means— (a) the Fisheries (Commercial Fisheries) Regulation 2019, chapter 3, part 2, division 2, subdivision 2; or (b) a provision of the repealed Fisheries (East Coast Trawl) Management Plan 1999, or the repealed Fisheries (East Coast Trawl) Management Plan 2010, corresponding to the provision mentioned in paragraph (a). 4 Meaning of length of a boat The length, of a boat, is the distance between the front and end tips of the boat, ignoring anything that does not increase the boat’s effective length. Examples of things that do not increase a boat’s effective length— • an anchor rail • a bowsprit Example of things that do increase a boat’s effective length— additions to the boat’s hull (whether fixed temporarily or permanently) that increase the boat’s deck area Current as at 1 September 2019 Page 169 Authorised by the Parliamentary Counsel Schedule 9 Fisheries (General) Regulation 2019 5 Meaning of hull units for a boat The hull units, for a boat, 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 beam of the boat measured in metres. D means the depth of the boat measured in metres. Note— The figure of 0.6 represents a block coefficient to standardise variations in boat design and the figure of 2.83 represents a constant which converts cubic metres to units of 100 cubic feet. 6 Working 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. HU L B× D× 0.6× 2.83 = Page 170 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 9 Fisheries (General) Regulation 2019 (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. Current as at 1 September 2019 Page 171 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 Schedule 10 References relating to fishing apparatus section 19 Part 1 Lines 1 Bottom set line A bottom set line is a line that is anchored to the bed of a body of water in which the line is being used. 2 Cross-line A cross-line is a line fixed at both ends and set across or in water. 3 Drum line A 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. 4 Fishing line A 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. Page 172 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 5 Free-floating line A 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. 6 Set line A 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 2 Nets Division 1 Particular types of nets 1 Beam trawl net A beam trawl net is a net with its mouth attached to a beam or pole to keep the net open. 2 Bottom set net A bottom set net is a mesh net that is set along the seabed. Current as at 1 September 2019 Page 173 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 3 Cast net A 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. 4 General purpose mesh net A general purpose mesh net is a mesh net that may be used in the net fishery (east coast no. 1) under the fishery provisions about the fishery. 5 Mesh net A 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. 6 Otter trawl net An otter trawl net is a net with its mouth kept open by otter boards and the force of water. 7 Purse seine net A 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. 8 Ring net A ring net is a mesh net shot in a way that allows it to encircle the fish being targeted. Page 174 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 9 Scoop net A scoop net is a mesh net, with a handle, that can be used to take fish by being formed into a scoop. 10 Seine net A 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. 11 Set mesh net A 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. 12 Set pocket net A set pocket net is a bag shaped set net placed across a current or tide to trap fish. 13 Trawl net A 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 ropes Current as at 1 September 2019 Page 175 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 14 Try 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). 15 Tunnel net A 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 2 Particular parts of nets or things used with nets 16 Meaning of back net for a mesh net A 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. 17 Meaning of bar for a trawl net A bar, in relation to mesh in a trawl net, is— Page 176 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 (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. 18 Meaning of belly rope for a cod end The 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. 19 Meaning of front opening of a net The front opening, of a net, is the opening through which fish enter the net. 20 Meaning of ground chain for an otter trawl net A 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. 21 Meaning of leading edge for a part of a net or thing used with a net The 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. 22 Meaning of square mesh for a net For 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. Current as at 1 September 2019 Page 177 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 23 Meaning of sweep of a net (1) The sweep, of a net, includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the point on the head rope or bottom rope of 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. 24 Meaning of tickler chain in relation to a trawl net A 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. 25 Meaning of trailing edge for a part of a net or thing used with a net The 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 3 References to particular actions involving nets 26 Meaning of fix a net Fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set. 27 Meaning of haul a net Haul, a net, means gather or retrieve the net or a part of the net, without the use of a boat, for taking fish. 28 Meaning of set a net Set, a net, means fix the net or part of it in a way that it can trap fish. Page 178 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 29 Meaning of shoot a net Shoot, a net, means place or spread the net, or part of it, in a way that it can trap fish. 30 Meaning of use a net For 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 4 Other matters 31 References to distances between nets A reference to a distance between nets is a reference to— (a) for nets in a waterway—the distance between the nets measured along the centre line of the waterway; or (b) for nets on a foreshore—the distance between the nets measured along the shore. 32 References to drops and number of meshes (1) A reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut. (2) A reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net. Current as at 1 September 2019 Page 179 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 33 Meaning 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. 34 Meaning of mesh size of a net (1) Mesh size, of a net that is knotted, is the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 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 Page 180 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 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. 35 Meaning 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. 36 Meaning of net that is neither fixed nor hauled A 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 3 Traps 1 Canister trap A canister trap is a trap consisting of a bucket with perforations in the bottom and sides or a similar type of device. 2 Collapsible trap A collapsible trap is a trap made of rigid material, with 1 or more collapsible sides. Current as at 1 September 2019 Page 181 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 3 Eel trap An eel trap is a mesh trap— (a) supported by a rigid rectangular frame; and (b) to which a cod end or pocket is attached. 4 Funnel trap A funnel trap is a mesh trap consisting of a rigid frame with funnel-shaped entrances or a similar device. 5 Pyramid trap A 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. 6 Round eel trap A 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. 7 Round trap A round trap is a mesh trap supported by a rigid cylindrical frame. Part 4 Other fishing apparatus 1 Crab pot A 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. Page 182 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 2 Dilly A 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. 3 Hand pump A hand pump is a hand-operated pump used for taking bait. 4 Hook A 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. 5 Lobster loop A 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. 6 Lure A lure is an artificial bait with 1 or more hooks attached to it. 7 Shell dredge A shell dredge is a rigid device that is used for gathering shells as it is dragged along the substrate. Current as at 1 September 2019 Page 183 Authorised by the Parliamentary Counsel Schedule 10 Fisheries (General) Regulation 2019 8 Spear gun A spear gun includes a bow for propelling a spear. 9 Trawl shoe A 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. Page 184 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 Schedule 11 Dictionary section 4 7n 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, for schedule 9, see schedule 9, section 1. approved way, for chapter 4, part 1, division 3, see section 87. assistant fisher see the Fisheries (Commercial Fisheries) Regulation 2019, section 33. back 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, of a boat, see schedule 9, section 2. beam trawl net see schedule 10, part 2, section 1. Current as at 1 September 2019 Page 185 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 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. buyer, for chapter 5, part 4, see section 109(a). canister trap see schedule 10, part 3, section 1. cast net see schedule 10, part 2, section 3. 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—— 1 using the boat to tow a tender that is being used for fishing 2 using the boat as a platform for spearfishing or to fish on a reef or sandbank coastal 500m line see schedule 8, section 8. collapsible trap see schedule 10, part 3, section 2. commercial fisher see section 5. 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. department’s website means a website, or part of a website— (a) administered by the department; and Page 186 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 (b) with a URL that contains qld.gov.au. depth, of a boat, see schedule 9, section 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. 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. entitlement— (a) under T1 effort units or T2 effort units, see the Fisheries (Commercial Fisheries) Regulation 2019, section 69; or (b) under an 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. F↑B sign see schedule 8, section 10(1). Current as at 1 September 2019 Page 187 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 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 1 to 8 about the fishery. fishery 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. 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 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. Page 188 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 hull units, for a boat, see schedule 9, section 5. 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 see section 26(d). land, a boat, includes— (a) landing a person or thing that is on the boat; and (b) moving a person or thing that is on land to the boat. landing place, for chapter 4, part 1, see section 82. 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, see schedule 9, section 4; or (b) of a net, see schedule 10, part 2, section 33. 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. Current as at 1 September 2019 Page 189 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 mesh size, of a net, see schedule 10, part 2, section 34. 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. 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. 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. prescribed development purpose, for a declared fish habitat area, see section 60 (s 214). 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. recreational fisher see section 6. Page 190 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 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). Current as at 1 September 2019 Page 191 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 relevant person, for chapter 5, part 3, see section 105(c). relevant quantity particulars, for chapter 5, part 4, see section 110. replacement, 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 see section 111. scoop net see schedule 10, part 2, section 9. seine net see schedule 10, part 2, section 10. seller, 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. 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. stock, of fish by reference to a location, see schedule 7, part 8, section 1. stowed and secured see section 8. Page 192 Current as at 1 September 2019 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 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 shoe, of a beam, otter board or trawl sled, see schedule 10, part 4, section 9. trunked, for a fish, means the fish has had its head or tail removed. try 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; or Examples of a place for subparagraph (i)— a wharf, an enclosed part of Queensland waters used to keep live fish, a place on land (ii) moving the boat while the fish are on the boat to a place on land; or Current as at 1 September 2019 Page 193 Authorised by the Parliamentary Counsel Schedule 11 Fisheries (General) Regulation 2019 (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— (a) for an amount of spanish mackerel—see the Fisheries (Commercial Fisheries) Regulation 2019, section 84; or (b) for an amount of regulated coral reef fin fish—see the Fisheries (Commercial Fisheries) Regulation 2019, section 91. working properly, for chapter 4, part 1, see section 80(6) of the Act. Page 194 Current as at 1 September 2019 Authorised by the Parliamentary Counsel