Queensland Consolidated Regulations

FISHERIES (GENERAL) REGULATION 2019

- Made under the Fisheries Act 1994
- As at 1 January 2024
- Reg 179 of 2019

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Application of regulations and declarations

   PART 2 - INTERPRETATION

           Division 1 - Definitions

   4.      Dictionary
   5.      Meaning of commercial fisher
   6.      Meaning of recreational fisher and recreational fishing
   7.      Meaning of commercial fishing apparatus and recreational fishing apparatus
   8.      Meaning of stowed and secured—Act, s 77A

           Division 2 - Key concepts

   9.      References to regulated waters
   10.     References to commercial fishery
   11.     References to licence, permit or quota authority by name
   12.     References to licences by fishery symbols
   13.     References to primary boat and tender boat and related references

           Division 3 - Other general interpretative provisions

   14.     References to periods of days or months
   15.     References to times
   15A.    References relating to fishing operations
   15B.    Meaning of commercial fisher in control of a fishing operation
   15C.    References to lands a boat and a landing place for a boat
   15D.    References to lands a fish and a landing place for fish taken without a boat
   16.     References relating to fish
   17.     References relating to waters or areas
   18.     References relating to boats
   19.     References relating to fishing apparatus

           Division 4 - Meaning of aquaculture

   19A.    Cultivation of live fisheries resources for sale that is not aquaculture—Act, sch 1, definition aquaculture

   PART 3 - PRESCRIBED ACTS FOR WHICH AUTHORITY REQUIRED

   20.     Prescribed acts—Act, s 82

   PART 4 - DEFENCE FOR ABORIGINES AND TORRES STRAIT ISLANDERS

   21.     Prescribed fishing apparatus—Act, s 14
   22.     Prescribed waters—Act, s 14

CHAPTER 2 - AUTHORITIES

   PART 1 - GENERAL MATTERS

           Division 1 - Authorities that may be issued

   23.     Purpose of division
   24.     Types of licences
   25.     Types of permits
   26.     Types of quota authorities

           Division 2 - General restrictions on issue of authorities

   27.     Use of bottom set line in Gulf of Carpentaria waters must not be authorised
   28.     Only particular authorities may authorise particular activities

           Division 3 - Authorisation under authorities generally

   29.     Activities authorised under authority
   30.     When a person is carrying out activity under an authority

   PART 2 - LICENCES

           Division 1 - Primary commercial fishing licence

   31.     Restrictions on issue of licence
   32.     Deciding number of tender boats for licence
   33.     Authorisation and conditions
   34.     Particular licences not transferable

           Division 2 - Commercial fisher licence

   35.     Restriction on issue of licence
   36.     Authorisation and conditions
   37.     Licence not transferable

           Division 3 - Charter fishing licence

   38.     Authorisation
   39.     Condition about taking maray or Australian sardines

           Division 4 - (Repealed)

           Division 5 - (Repealed)

   PART 3 - PERMITS

           Division 1 - Restrictions on issue of particular permits

   46.     Possessing or using purse seine net must not be authorised
   47.     Restriction on authorising taking or possessing of maray or Australian sardines
   48.     Restriction on authorising taking or possessing of freshwater fish
   49.     Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit
   50.     Maximum term of general fisheries permit
   51.     Restriction on authorising taking of fish in particular regulated waters under general fisheries permit
   51A.    Restriction on authorising taking or possession of regulated coral reef fin fish under general fisheries permit
   52.     Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit

           Division 2 - Authorisations under particular permits

   53.     Developmental fishing permit
   54.     Indigenous fishing permit
   55.     Stocked impoundment permit
   56.     Filleting permit

           Division 3 - Conditions applying to particular permits

   57.     General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters

   PART 4 - QUOTA AUTHORITIES

           Division 1 - Restrictions on issue

   58.     Restriction on further issue of particular quota authorities
   58A.    Issue of effort units for the Moreton Bay trawl region
   58B.    Issue of ENL-ITQ units
   58C.    Issue of C1-ITQ units
   58D.    Issue of hand-harvest ITQ units
   58E.    Issue of select coral ITQ units

           Division 2 - Authorisation and conditions

   59.     Authorisation under and conditions of quota authority

   PART 5 - RESOURCE ALLOCATION AUTHORITIES

   60.     Meaning of prescribed development purpose for declared fish habitat area
   61.     Restriction on issue of particular resource allocation authorities
   62.     Authorisation under resource allocation authority

   PART 6 - CRITERIA FOR SUSPENDING OR CANCELLING PARTICULAR AUTHORITIES

   63.     Application of part
   64.     Counting convictions
   65.     Criteria for suspending or cancelling particular licences
   66.     Criteria for suspending effort units
   67.     Criteria for suspending or cancelling SM units
   68.     Criteria for suspending line units
   69.     Criteria for cancelling line units
   70.     Criteria for suspending T4-ITQ units
   71.     Criteria for cancelling T4-ITQ units

   PART 7 - OTHER PROVISIONS ABOUT AUTHORITIES

           Division 1 - Miscellaneous offences

   72.     Obstructing persons fishing under an authority

           Division 2 - Register of authorities

   73.     Particulars to be contained in register—Act, s 73
   74.     Holder to notify chief executive of particular changes—Act, s 73

           Division 3 - Other matters

   75.     Authorities that continue after holder’s death—Act, s 70C
   76.     Activities for which inspectors may have an authority

CHAPTER 3 - DECLARED FISH HABITAT AREAS

   PART 1 - DECLARATION OF FISH HABITAT AREAS

   77.     Fish habitat area plans
   78.     Areas declared to be fish habitat areas
   79.     Particular cables and air space excluded from declared fish habitat area

   PART 2 - PROHIBITED ACTIVITIES

   80.     Person not to take bait using digging implement
   81.     Person not to remove weeds etc.

CHAPTER 4 - MATTERS PRESCRIBED FOR PARTICULAR OFFENCES UNDER THE ACT

   PART 1 - VESSEL TRACKING

           Division 1 - Preliminary

   82.     Definitions for part

           Division 2 - General matters

   83.     Authorities and boats in relation to which requirements apply
   84.     Way equipment must be installed
   85.     Periods during which equipment must be working properly

           Division 3 - Requirements if equipment malfunctions

              Subdivision 1 - Preliminary

   86.     Purpose and application of division
   87.     Definition for division
   88.     When person in control of a boat is aware of malfunction
   89.     Notices given by chief executive or inspector under division

              Subdivision 2 - Alternative way of communication

   89A.    Application of subdivision
   90.     Notice of alternative way
   91.     Changing alternative way

              Subdivision 3 - Manual reporting and landing requirements for boats other than tender boats

   92.     Application of subdivision
   93.     Manual reporting requirement
   94.     Requirement to take relevant boat to landing place—boat used under particular authority in particular area
   95.     Requirement to take relevant boat to landing place—other circumstances
   96.     Further requirement if relevant boat taken to landing place

              Subdivision 4 - Requirements for tender boats

   96A.    Application of subdivision
   96B.    Requirement to stop fishing

   PART 2 - OTHER MATTERS

   97.     Commercial quantity of priority fish
   98.     Circumstances in which non-indigenous fisheries resources may be released—Act, s 90

CHAPTER 5 - INFORMATION REQUIREMENTS

   PART 1 - PRELIMINARY

   99.     Purpose of chapter
   100.    Definitions for chapter

   PART 2 - PERSON OTHER THAN AUTHORITY HOLDER IN CONTROL OF A BOAT

   101.    Application of part
   102.    Authority holder to provide approved form
   103.    Person in control to keep approved form
   104.    Person in control to return approved form

   PART 3 - PERSON OTHER THAN AUTHORITY HOLDER FISHING UNDER AUTHORITY

   105.    Application of part
   106.    Holder to provide approved form
   107.    Relevant person to keep approved form
   108.    Relevant person to return approved form

   PART 4 - WHOLESALE SALE OF FISHERIES RESOURCES

           Division 1 - Preliminary

   109.    Application of part
   110.    Definitions for part

           Division 2 - Requirements

   111.    Docket for sale to be given
   112.    Seller to keep docket
   113.    Seller to give copy of record or docket with consignment
   114.    Buyer to keep docket

   PART 5 - PROCESSING ABALONE

   115.    Application of part
   116.    Definition for part
   117.    Processor to keep record of processing

   PART 6 - PARTICULAR ACTS INVOLVING SPANISH MACKEREL OR REGULATED CORAL REEF FIN FISH

   118.    Application of part
   119.    Buyer to keep record of fish bought outside the State
   120.    Person who takes fish outside particular fishery areas to keep record of taking
   121.    Person transporting fish to keep record of consignment
   122.    Person storing fish to keep record of storage

   PART 7 - AIVR SYSTEM

   123.    Person using AIVR system to keep record of transaction number

CHAPTER 6 - OTHER MATTERS RELATING TO FISHERIES MANAGEMENT

   PART 1 - AUTOMATED INTERACTIVE VOICE RESPONSE SYSTEM

   124.    Chief executive must establish and operate AIVR system
   125.    Requirements for AIVR system
   126.    Record kept by AIVR system is evidence of particular information
   127.    Transaction number given by AIVR system is evidence of transaction
   128.    Procedure if AIVR system not working properly

   PART 2 - COMPLIANCE, ENFORCEMENT AND ADMINISTRATION OF ACT

   129.    Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence
   130.    Prescribed matters for evidentiary certificates—Act, s 184
   131.    Matters about seizure of fisheries resources—Act, s 154
   132.    Persons who may be appointed as inspectors
   133.    Prescribed entities for delegation of functions or powers—Act, s 222

   PART 3 - ACCEPTED DEVELOPMENT REQUIREMENTS

   134.    Purpose of part
   135.    Accepted development requirements
   136.    Documents stating accepted development requirements available for inspection

   PART 4 - FEES

           Division 1 - Fees for resource allocation authority and fish movement exemption notice

   137.    Assessment fees

           Division 2 - Other fees

   138.    Definition for division
   139.    Fees generally
   140.    General matters about fees for a licence, fishery symbol or quota authority
   141.    Additional provision about annual fees for a licence, fishery symbol or quota authority
   142.    Further provision about licence, fishery symbol or quota authority held for part of a financial year

           Division 3 - Waiver or refund of fees

   143.    Chief executive may waive or refund a fee

CHAPTER 7 - TRANSITIONAL PROVISIONS

   PART 1 - PROVISIONS FOR SL NO. 179 OF 2019

   144.    Existing commercial fisher licences
   145.    Existing commercial fishing boat licences
   146.    Existing general purpose permits
   147.    Existing notices relating to vessel tracking
   148.    Annual fees for 2019-20 financial year
   149.    References to 2008 regulation

   PART 2 - PROVISIONS FOR FISHERIES LEGISLATION AMENDMENT REGULATION 2020

           Division 1 - Amendments commencing on notification of amendment regulation

   150.     References to trawl regions
   151.    References to Fisheries (Commercial Fisheries) Regulation 2019, sch 9
   152.    Existing general fisheries permits
   153.    Existing ITQ units

           Division 2 - Amendments commencing on 1 January 2021

   154.    Existing commercial fishing boat licences
   155.    Existing commercial harvest fishery licences
   156.    Existing commercial fisher licences
   157.    Existing carrier boat licences
   158.    Undecided applications for particular licences
   159.    References to particular licences

           Division 3 - Amendments commencing on 1 September 2021

   160.    Fees for fishery symbols and quota authorities for financial year starting 1 July 2021
   161.    Continued application of ch 5, pt 2 to particular licences
   162.    Continued application of ch 5, pt 3 to particular licences
   163.    References to T1 effort units and T2 effort units
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 2B
           SCHEDULE 2C
           SCHEDULE 2D
           SCHEDULE 2E
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11