Queensland: Fisheries Act 1994 (Qld)

Fisheries Act 1994 An Act for the management, use, development and protection of fisheries resources and fish habitats, the management of aquaculture activities and helping to prevent shark attacks, and for related purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Fisheries Act 1994. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Objectives 3 Particular purposes of Act (1) The main purpose of this Act is to provide for the use, conservation and enhancement of the community's fisheries resources and fish habitats in a way that seeks to— (a) apply and balance the principles of ecologically sustainable development; and (b) promote ecologically sustainable development. (2) In balancing the principles, each principle is to be given the relative emphasis appropriate in the circumstances, having regard to ensuring access to the fisheries resources is allocated in a way that maximises the potential economic, social and cultural benefits to the community. (3) Despite the main purpose of this Act, a further purpose of this Act is to reduce the possibility of shark attacks on humans in coastal waters of the State adjacent to coastal beaches used for bathing. (4) Subsections (1) and (3) do not limit the purposes of this Act. (5) In this section— ecologically sustainable development means using, conserving and enhancing the community's fisheries resources and fish habitats so that— (a) the ecological processes on which life depends are maintained; and (b) the total quality of life, both now and in the future, can be improved. precautionary principle means the principle that, if there is a threat of serious or irreversible environmental damage, lack of scientific certainty should not be used as a reason to postpone measures to prevent environment degradation, or possible environmental degradation, because of the threat. principles of ecologically sustainable development means the following principles— (a) enhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations; (b) providing fairness within and between generations; (c) protecting biological diversity, ecological processes and life-support systems; (d) in making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations; (e) considering the global dimension of environmental impacts of actions and policies; (f) considering the need to maintain and enhance competition, in an environmentally sound way; (g) considering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection; (h) that decisions and actions should provide for broad community involvement on issues affecting them; (i) the precautionary principle. 3A How particular purposes are to be primarily achieved (1) The main purpose of this Act is to be primarily achieved by providing for— (a) the management and protection of fish habitats; and (b) the management of commercial, charter, recreational and Indigenous fishing; and (c) the management of aquaculture. (2) The main purpose of this Act is to be achieved, so far as is practicable— (a) in consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or Indigenous fishing and the community generally; and (b) using a transparent and responsive approach to the management of access to fisheries resources. (3) The further purpose of this Act under section 3(3) is to be primarily achieved by the chief executive establishing and managing a program for particular coastal waters of the State adjacent to coastal beaches used for bathing. (4) The program is the shark control program. Division 3 Interpretation Subdivision 1 Dictionary 4 Definitions The dictionary in schedule 1 defines particular words used in this Act. Subdivision 2 Key definitions 5 Meaning of fish (1) Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives— (a) in water (whether freshwater or saltwater); or (b) in or on foreshores; or (c) in or on land under water. (2) Fish includes— (a) prawns, crayfish, rock lobsters, crabs and other crustaceans; and (b) scallops, oysters, pearl oysters and other molluscs; and (c) sponges, annelid worms and holothurians; and (d) trochus and green snails. (3) However, fish does not include— (a) pests under the Medicines and Poisons Act 2019; or (b) animals prescribed by regulation not to be fish. (4) Fish also includes— (a) the spat, spawn and eggs of fish; and (b) any part of fish or of spat, spawn or eggs of fish; and (c) treated fish, including treated spat, spawn and eggs of fish; and (d) coral, coral limestone, shell grit or star sand; and (e) freshwater or saltwater products declared under a regulation to be fish. (5) A regulation under subsection (4)(e) may declare a product to be fish only— (a) for a particular provision of this Act; or (b) if the product is used for a particular purpose. (6) Subsection (5) does not limit the Statutory Instruments Act 1992, section 24 or 25. 6 [Repealed] 7 Meaning of fishery Fishery includes activities by way of fishing, including, for example, activities specified by reference to all or any of the following— (a) a species of fish; (b) a type of fish by reference to sex, size or age or another characteristic; (c) an area; (d) a way of fishing; (e) a type of boat; (f) a class of person; (g) the purpose of an activity; (h) the effect of the activity on a fish habitat, whether or not the activity involves fishing; (i) anything else prescribed by regulation. 8 Meaning of marine plant (1) Marine plant includes the following— (a) a plant (a tidal plant) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen; (b) material of a tidal plant, or other plant material on tidal land; (c) a plant, or material of a plant, prescribed by regulation to be a marine plant. (2) Marine plant does not include a plant that is— (a) prohibited matter or restricted matter under the Biosecurity Act 2014; or Notes— 1 See the Biosecurity Act 2014, schedule 1 or schedule 2. 2 See also the note to the Biosecurity Act 2014, schedules 1 and 2. (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014. 9 [Repealed] Division 4 Operation of Act 10 Act binds all persons This Act binds all persons, including the State. 11 General application of Act (1) This Act applies to persons, things, acts and omissions on or in— (a) land within the limits of the State; and (b) Queensland waters. (2) However, this Act does not apply to— (a) activities to which a Commonwealth law cooperative fishery applies; or (b) the taking of fish, within the meaning of the Torres Strait Fisheries Act 1984 (Cwlth), for the purposes of a Commonwealth law Torres Strait cooperative fishery; or (c) the landing in Queensland of fish taken under a Commonwealth fishing concession as mentioned in section 10(2)(c) of the Commonwealth Fisheries Act; or (d) exclusive Commonwealth matters for a State law cooperative fishery; or (e) the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004. (3) This Act also applies to— (a) recreational fishing carried on in the part of the Australian fishing zone that is the adjacent area for Queensland by the use of an Australian boat; and (b) activities in the Australian fishing zone to which a State law cooperative fishery applies. (4) Subsection (3)(a) does not apply to recreational fishing regulated by a Commonwealth plan of management. (5) Subsection (3)(b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery. (6) In this section— adjacent area for Queensland has the meaning given by the Petroleum (Submerged Lands) Act 1967 (Cwlth). Australian fishing zone has the meaning given by the Commonwealth Fisheries Act. Commonwealth fishing concession means a fishing concession within the meaning of the Commonwealth Fisheries Act. Commonwealth law cooperative fishery means a Commonwealth–State fishery managed under Commonwealth law. Commonwealth law Torres Strait cooperative fishery means a fishery managed under Commonwealth law under an arrangement under the Torres Strait Fisheries Act 1984, part 3. Commonwealth plan of management means a plan of management within the meaning of the Commonwealth Fisheries Act. exclusive Commonwealth matter, for a State law cooperative fishery, means any of the following matters— (a) foreign boats; (b) operations on and from foreign boats; (c) persons on foreign boats; (d) for activities in the Australian fishing zone—matters that happened before the Commonwealth–State arrangement for the fishery took effect if Commonwealth law applies to the matters. recreational fishing has the same meaning as in the Commonwealth Fisheries Act. State law cooperative fishery means a Commonwealth–State fishery managed in accordance with State law. 12 When Act does not apply This Act does not apply to— (a) the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or (b) the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person's control, put the fish or plants back immediately they come into the person's possession; or (c) the use of a hand net to lift from water fish taken by other fishing apparatus; or (d) the use of a gaff to secure fish taken by other fishing apparatus. 13 Exemptions from Act (1) A regulation may exempt a person from this Act or a provision of this Act. Examples— 1 A regulation may exempt a person who keeps live fish, for sale, in a pet shop or restaurant from all provisions of the Act. 2 A regulation may exempt a person from all provisions of the Act for the use or possession of specified fishing apparatus. (2) The exemption may be given on conditions stated in the regulation. (3) A person must not contravene a condition of an exemption that applies to the person. Maximum penalty for subsection (3)—200 penalty units. 14 Defence for Aboriginal peoples and Torres Strait Islander peoples for particular offences (1) It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove— (a) the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and (b) the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and (c) depending on whichever of the following applies— (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters. (2) However, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Ailan Kastom. (3) In this section— prescribed fishing apparatus means— (a) fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or (b) fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section. prescribed waters means waters— (a) that are regulated waters under a regulated waters declaration; and (b) that are prescribed specifically under a regulation for the purpose of this section; and (c) where the taking of any fish, or the possession of any fish taken, by any person is prohibited. Part 2 Functions of Minister Division 1 Harvest strategies Subdivision 1 Preliminary 15 Definitions for division In this division— approved harvest strategy policy means the document called 'Queensland Harvest Strategy Policy'— (a) approved by the Minister; and (b) published on the department's website. public notice means a notice published— (a) in a newspaper circulating generally throughout Queensland; and (b) on the department's website. Subdivision 2 Harvest strategy 16 Approval of harvest strategy (1) The Minister may approve a harvest strategy prepared by the chief executive if the Minister is satisfied— (a) the harvest strategy is consistent with the main purpose of this Act; and (b) this subdivision has been complied with for the harvest strategy. (2) As soon as practicable but no more than 3 months after the chief executive gives the Minister a harvest strategy prepared under this subdivision, the Minister must— (a) approve the harvest strategy; or (b) approve the harvest strategy subject to stated changes being made to the strategy; or (c) decide not to approve the harvest strategy. (3) If the Minister approves the harvest strategy (including subject to stated changes being made), a copy of the approved harvest strategy must be published on the department's website. (4) The Minister must give public notice of the Minister's decision under subsection (2) within 14 days after the decision is made. (5) The public notice must state— (a) the reasons for the Minister's decision; and (b) if the Minister approves the harvest strategy (including subject to stated changes being made)—that a copy of the approved harvest strategy is available on the department's website. 17 Preparation and notice of draft harvest strategy (1) The chief executive may prepare a harvest strategy complying with section 19 for a fishery. (2) In preparing the draft harvest strategy, the chief executive must comply with the approved harvest strategy policy. (3) The chief executive must give public notice of the draft harvest strategy stating— (a) the fishery to which the draft harvest strategy applies; and (b) that a copy of the draft harvest strategy is available for inspection, without charge— (i) during normal business hours at each office of the department; and (ii) on the department's website; and (c) that written submissions may be made to the chief executive about the draft harvest strategy within a stated reasonable period of at least 28 days after the notice is published on the department's website. 18 Preparation and submission of final harvest strategy (1) This section applies if the chief executive prepares a draft harvest strategy for a fishery under section 17. (2) The chief executive must prepare a final harvest strategy complying with section 19 for the fishery. (3) The final harvest strategy must be prepared having regard to each submission made about the draft harvest strategy within the period stated in the public notice. (4) The chief executive must give the Minister— (a) the final harvest strategy; and (b) a written report about— (i) the submissions made about the draft harvest strategy within the period stated in the public notice, including, whether any changes were made to the draft harvest strategy because of any of the submissions; and (ii) other consultation undertaken by the chief executive in preparing the draft or final harvest strategy. 19 Content of harvest strategy (1) The draft and final harvest strategy must state— (a) the fishery to which it applies; and (b) the ecological, economic and social objectives for the fishery; and (c) the allocation of access to fisheries resources for the fishery— (i) to each fishing sector; and (ii) to another purpose or group of persons (if any); and (d) a framework for the management of the fishery, including— (i) the targets and limits for maintaining fisheries resources at levels that achieve the ecological, economic and social objectives for the fishery; and (ii) the triggers for when action must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved; and (iii) how the performance of the fishery against the matters mentioned in subparagraphs (i) and (ii) is to be measured; and (iv) action that must be taken under this Act to ensure the ecological, economic and social objectives for the fishery are being achieved. (2) The draft and final harvest strategy may also— (a) state when the performance of the fishery must be assessed under section 25; or (b) state when the harvest strategy must be reviewed under section 26, which must be at least once every 5 years; or (c) provide for other matters for achieving the main purpose of this Act. Subdivision 3 Amendment of harvest strategy 20 Amendment of harvest strategy (1) The Minister may approve an amendment of an approved harvest strategy prepared by the chief executive if the Minister is satisfied— (a) the harvest strategy, as amended, would be consistent with the main purpose of this Act; and (b) this subdivision has been complied with for the amendment. (2) As soon as practicable but no more than 3 months after the chief executive gives the Minister an amendment of an approved harvest strategy prepared under this subdivision, the Minister must— (a) approve the amendment; or (b) approve the amendment subject to stated changes being made to the amendment; or (c) decide not to approve the amendment. (3) If the Minister approves the amendment (including subject to stated changes being made), a copy of the approved amendment, and a copy of the approved harvest strategy including the amendment, must be published on the department's website. (4) The Minister must give public notice of the Minister's decision under subsection (2) within 14 days after the decision is made. (5) The public notice must state— (a) the reasons for the Minister's decision; and (b) if the Minister approves the amendment (including subject to stated changes being made)—that a copy of the approved amendment, and a copy of the approved harvest strategy including the approved amendment, is available on the department's website. 20A [Repealed] 21 Preparation and notice of draft amendment (1) The chief executive may prepare an amendment of an approved harvest strategy. (2) In preparing the draft amendment, the chief executive must comply with the approved harvest strategy policy. (3) The chief executive must give public notice of the draft amendment stating— (a) the approved harvest strategy to which the amendment applies; and (b) that a copy of the draft amendment is available for inspection, without charge— (i) during normal business hours at each office of the department; and (ii) on the department's website; and (c) that written submissions may be made to the chief executive about the draft amendment within a stated reasonable period of at least 28 days after the notice is published on the department's website. (4) Subsection (3) does not apply to a minor amendment to— (a) correct an error in the approved harvest strategy; or (b) make a change other than a change of substance. 22 Preparation and submission of final amendment (1) This section applies if the chief executive prepares an amendment of an approved harvest strategy under section 21. (2) The chief executive may prepare a final amendment of the harvest strategy. (3) The final amendment must be prepared having regard to each submission made about the draft amendment within the period stated in the public notice. (4) The chief executive must give the Minister— (a) the final amendment; and (b) a written report about— (i) the submissions made about the draft amendment within the period stated in the public notice, including, whether any changes were made to the draft amendment because of any of the submissions; and (ii) other consultation undertaken by the chief executive in preparing the draft or final amendment. Subdivision 4 Implementation of harvest strategy 23 Action under Act must be consistent with harvest strategy (1) The chief executive or another person involved in the administration of this Act must not make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy. (2) Subsection (1) does not apply to a person acting under a direction given under section 24. 24 Ministerial direction about action inconsistent with harvest strategy (1) The Minister may direct the chief executive or another person involved in the administration of this Act to make a decision or do another thing under this Act that is inconsistent with an approved harvest strategy if— (a) the chief executive or other person is authorised to make the decision or do the thing under this Act; and (b) the Minister is satisfied making the decision or doing the thing is consistent with the main purpose of this Act. (2) The chief executive or other person must comply with the direction. (3) The direction remains in force for 3 months after it is given. (4) The Minister must give public notice of the direction within 14 days after the direction is given. (5) The public notice must state— (a) the direction and to whom it has been given; and (b) the reasons for the direction; and (c) the period for which the direction remains in force. Subdivision 5 Reviews relating to harvest strategy 25 Assessment of performance of fishery (1) The chief executive must assess the performance of a fishery against the approved harvest strategy for the fishery. (2) The assessment must be conducted— (a) if the harvest strategy states when the assessment must be conducted—at the stated time; or (b) otherwise—annually. (3) The chief executive must give the Minister a written report about the assessment within 21 days after completing the assessment. (4) The report must state the action the chief executive considers should be taken to address any concerns about the performance of the fishery against the harvest strategy. (5) Unless the Minister directs otherwise within 21 days after the Minister is given the report, the chief executive must take the action mentioned in subsection (4) as soon as practicable after the 21 days have passed. 26 Review of harvest strategy (1) The chief executive must review each approved harvest strategy to assess whether it is achieving the main purpose of this Act in an appropriate and effective way. (2) The review must be conducted— (a) if the harvest strategy states when the review must be conducted—at the stated time; or (b) otherwise—within 5 years after the harvest strategy was approved by the Minister or, if applicable, the last time the harvest strategy was reviewed. (3) The chief executive must give the Minister a written report about the review within 21 days after completing the review. (4) The report must state the action the chief executive considers should be taken to address any concerns about the harvest strategy, including, for example— (a) whether the harvest strategy should be amended and, if so, how; and (b) whether the Minister should issue a direction under section 24 or make a reallocation decision under division 2. Division 2 Resource reallocation 27 Reallocation decision (1) The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community. (2) The Minister may make a decision under subsection (1) (a reallocation decision) on application by a person (including, for example, the chief executive of a department) or on the Minister's own initiative. (3) For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from— (a) the chief executive; and (b) the applicant for the reallocation, if any; and (c) representatives of the affected fishing sectors; and (d) any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and (e) other entities the Minister considers appropriate. (4) If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made. (5) The public notice must state— (a) the reallocation decision; and (b) the reasons for the reallocation decision; and (c) if known, the action proposed to be taken under this Act to implement the reallocation decision. (6) In this section— reallocation, in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources— (a) from a fishing sector to another fishing sector; or (b) from a fishing sector to another purpose or group of persons; or (c) from a purpose or group of persons to a fishing sector or another purpose or group of persons. 28 Chief executive to implement reallocation decision (1) The chief executive must take all necessary steps to give effect to a reallocation decision, including, for example— (a) preparing an amendment of an approved harvest strategy and giving it to the Minister for approval under division 1; or (b) making or amending a declaration under part 5, division 1. (2) In acting under subsection (1), the chief executive may advise the Minister of, and seek the Minister's approval for, alternative ways to give effect to the Minister's decision. Division 3 Ministerial advisory bodies 29 Minister may establish advisory bodies The Minister may establish an advisory committee or other body to help the Minister in the administration of this Act. Part 3 Shark control program 30 Management of shark control program (1) The chief executive must establish and manage a shark control program for the coastal waters of the State the chief executive considers necessary or desirable. (2) The shark control program may be established and managed despite the main purpose of this Act under section 3(1). (3) To remove any doubt, it is declared that it is not a function of the chief executive to establish or manage the shark control program other than to the extent mentioned in subsection (1). 31 Exclusion zone (1) A person must not, without a reasonable excuse, be in the exclusion zone for shark control equipment. Maximum penalty—200 penalty units. Note— The locations of shark control equipment are available on the department's website. (2) Subsection (1) does not apply to a person who is authorised, in writing, by the chief executive or an inspector to be in the exclusion zone for shark control equipment for— (a) installing, repairing or maintaining the equipment; or (b) freeing animals, persons or things caught in the equipment. (3) Also, subsection (1) does not apply to a person in a boat that transits through the exclusion zone for shark control equipment— (a) in a straight line or in the most appropriate or direct route, taking into account the circumstances of the waters; and (b) without stopping. (4) In this section— exclusion zone, for shark control equipment, means the area within 20m of the shark control equipment. shark control equipment means— (a) any equipment, such as a net or line, that is connected to a buoy marked with the words 'shark control program'; and (b) any buoy or other thing that is connected to the equipment. Examples of other things for paragraph (b)— anchor, float, hook, sinker Part 4 Accepted development requirements 32 Accepted development requirements for Planning Act A regulation may, for the Planning Act, state the requirements (the accepted development requirements) that fisheries development must comply with to be categorised as accepted development under that Act. Part 5 Fisheries management Division 1 Chief executive declarations Subdivision 1 Fisheries declarations 33 Power to make declarations (1) The chief executive may make the declarations mentioned in this subdivision (each a fisheries declaration). (2) A fisheries declaration may be made to protect things that are not fish. Example— A declaration may regulate taking or possessing fish in an area to protect dugong in the area. (3) A fisheries declaration made under this subdivision is subordinate legislation. 34 Regulated fish declaration A fisheries declaration (a regulated fish declaration) may regulate the taking, purchase, sale, possession or use of particular fish. Examples of matters that may be regulated under a regulated fish declaration— 1 A limit may be placed on the size or number of a species or type of fish that may be taken, purchased, sold, used or possessed. 2 The taking, possessing or selling of fish of a particular species or type may be prohibited. 3 The fish may be regulated by way of fillet size or other form in which they may be possessed after they are taken. 35 Regulated waters declaration (1) A fisheries declaration (a regulated waters declaration) may regulate all or any of the following in particular waters— (a) the taking or possessing of fish; (b) engaging in stated activities; (c) using or possessing a boat, aquaculture furniture, fishing apparatus or anything else. (2) However, a regulated waters declaration does not apply to an activity authorised by a development approval unless the declaration expressly states that it applies to the activity. (3) In this section— waters includes foreshores and nontidal land. 36 Other fisheries declarations (1) A fisheries declaration (a regulated fishing apparatus declaration) may regulate the purchase, sale, possession or use of particular fishing apparatus. (2) A fisheries declaration (a regulated fishing method declaration) may regulate how fish may be taken. Subdivision 2 Quota declarations 37 Quota declaration (1) The chief executive may make a declaration (a quota declaration) about the total quota entitlement for a fishery or part of a fishery. (2) A regulation may provide for the proportion of the total quota entitlement allocated for each quota authority for the fishery or part of the fishery. (3) The total quota entitlement, and the quota entitlement for a quota authority, may be by reference to 1 or more of the following— (a) an amount of fish; (b) an amount of effort; (c) another matter prescribed by regulation. (4) A quota declaration made under this subdivision is subordinate legislation. Subdivision 3 Other declarations 38 Urgent declaration The chief executive may make a fisheries declaration or a quota declaration (in either case an urgent declaration) under this subdivision if the chief executive is satisfied that urgent action is needed— (a) to deal with a significant threat to fisheries resources or a fish habitat; or (b) to deal with a significant threat caused by fishing to a thing that is not fish; or (c) for another emergency. 38A [Repealed] 39 Authorising declaration (1) This section applies if— (a) any of the following happens— (i) a natural disaster, accident or other event; (ii) the chief executive makes an urgent declaration; and (b) the chief executive is satisfied— (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development. (2) The chief executive may make a declaration (an authorising declaration) that authorises holders of the particular authorities to do the stated thing for the temporary period. Examples of what an authorising declaration may authorise— 1 taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area 2 using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration 39A [Repealed] 40 Making urgent declaration or authorising declaration (1) The chief executive makes an urgent declaration or authorising declaration by publishing it on the department's website. (2) The urgent declaration or authorising declaration must— (a) state whether it is an urgent declaration or an authorising declaration; and (b) outline the reason for making the declaration; and (c) be signed by the chief executive. (3) The chief executive must take all reasonable steps to ensure persons who may be affected by the urgent declaration or authorising declaration are made aware of the declaration. Examples of steps the chief executive may take— 1 publishing notice of the declaration (or a copy of the declaration) in relevant newspapers or on social media 2 electronically communicating notice of the declaration (or a copy of the declaration) to holders of relevant authorities, including, for example, by email or SMS (4) The Statutory Instruments Act 1992, sections 49, 50 and 51 apply to an urgent declaration or authorising declaration as if it were subordinate legislation. 41 Duration of urgent declaration or authorising declaration (1) The chief executive must repeal an urgent declaration or authorising declaration as soon as practicable after the chief executive is satisfied the reason for making it no longer exists. (2) Unless it is earlier repealed, the urgent declaration or authorising declaration expires 3 months after it is made. (3) However, if the urgent declaration or authorising declaration is inconsistent with a regulation or a declaration under subdivision 1 or 2, the urgent declaration or authorising declaration expires 21 days after it is made unless it is earlier repealed. Subdivision 4 Relationships between regulations and declarations 42 Relationships between regulations and declarations (1) If there is an inconsistency between a regulation and a declaration under subdivision 1 or 2, the regulation prevails to the extent of the inconsistency. (2) If there is an inconsistency between a declaration under subdivision 3 and a regulation or a declaration under subdivision 1 or 2, the declaration under subdivision 3 prevails to the extent of the inconsistency. (3) If there is an inconsistency between an urgent declaration and an authorising declaration, the urgent declaration prevails to the extent of the inconsistency. (4) If there is an inconsistency between 2 or more urgent declarations, the more recently made urgent declaration prevails to the extent of the inconsistency. (5) If there is an inconsistency between 2 or more authorising declarations, the more recently made authorising declaration prevails to the extent of the inconsistency. Division 1A [Repealed] Subdivision 1 [Repealed] 42A [Repealed] 42B [Repealed] 42C [Repealed] Subdivision 2 [Repealed] 42D [Repealed] 42E [Repealed] 42F [Repealed] 42G [Repealed] 42H [Repealed] 42I [Repealed] 42J [Repealed] 42K [Repealed] Division 2 Compensation for particular regulatory amendment Subdivision 1 Right to compensation in particular circumstances 43 Right to compensation (1) This section applies to a person if— (a) the person is, other than because of a temporary transfer, the holder of an authority (the eligible authority) that— (i) is a licence, or a quota authority or another authority to which a quota entitlement applies; and (ii) authorises the taking of fish for trade or commerce in a fishery described under a regulation as a commercial fishery; and (b) a regulation, or a fisheries declaration or quota declaration other than an urgent declaration, is amended (the relevant amendment); and (c) because of the relevant amendment, an entitlement to take fisheries resources that the person had under the eligible authority immediately before the relevant amendment commences is lost or reduced. (2) Subject to sections 44 and 48D, the person is entitled to be paid compensation by the State for the value of the loss or reduction. (3) However, the compensation is only payable if, under subdivision 2, a claim for the compensation has been made and the chief executive has decided to grant the claim. (4) This section does not prevent a regulation, fisheries declaration or quota declaration providing for payment of compensation for the making, amendment or repeal of an urgent declaration. (5) In this section— amend, in relation to a regulation, fisheries declaration or quota declaration, includes— (a) make; and (b) repeal. 44 Limits to compensation payable (1) The entitlement under section 43 arises only if the cause, or one of the causes, of the loss or reduction was— (a) a reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or (b) a restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish. (2) Compensation is not payable for the loss or reduction if— (a) compensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or (b) compensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth. 45 No general right to compensation (1) To remove any doubt, it is declared that, other than as provided for under section 43, no one has an entitlement under or in relation to this Act to claim or to be paid an amount from the State for or in connection with— (a) the making, amendment or repeal of a regulation or declaration; or (b) something previously permitted under a regulation or declaration becoming prohibited or regulated because of an amendment to the regulation or declaration. (2) Subsection (1) applies whether the amount is claimed as compensation, reimbursement or otherwise. 45A [Repealed] Subdivision 2 Claiming and payment of compensation 46 Application of subdivision This subdivision applies for a claim for compensation under section 43. 47 Requirements for making claim (1) The claim must— (a) be made in writing to the chief executive; and (b) be signed by all holders of the eligible authority; and (c) state each of the following— (i) the entitlement to take fisheries resources the subject of the claim; (ii) the ground under section 44(1) on which the claim is made; (iii) the amount of the compensation claimed; (iv) how the claimant has worked out the amount. (2) The claim must be made within 6 months after the day the relevant amendment commences. 48 Chief executive may require claimant to give further information (1) The chief executive may, by written notice to the claimant, require the claimant to give the chief executive within a stated reasonable period— (a) additional information about, or a document relating to, the claim; or (b) a statutory declaration verifying information included in the claim or additional information required under paragraph (a). (2) The notice may be given at any time before the claim is decided. (3) If the claimant does not comply with the requirement within the following period, the claimant is taken to have withdrawn the claim— (a) generally—the period stated in the notice; (b) if, within the period stated in the notice, the chief executive agrees in writing to a longer period to comply with the requirement—the longer period. 48A Deciding claim (1) Subject to sections 48B and 48C, the chief executive must, within a reasonable period after the making of the claim, decide— (a) to grant or refuse the claim; and (b) if the chief executive decides to grant the claim—the amount of the compensation payable. (2) If the chief executive decides to refuse the claim or decides an amount of compensation that is less than the amount claimed or agreed to by the claimant, the chief executive must give the claimant an information notice for the decision. (3) In deciding what is a reasonable period for subsection (1), the chief executive must have regard to— (a) whether the chief executive may need to give a notice under section 48 or obtain other information or evidence under section 48B; and (b) the period that may be needed to consider the information or document the subject of the notice or the information or evidence that may need to be obtained. 48B Chief executive may obtain information or evidence from other persons (1) Before making the decision under section 48A, the chief executive may obtain from a person other than the claimant the further information or evidence the chief executive considers necessary to make the decision. (2) If the chief executive obtains further information or evidence under subsection (1) and the chief executive proposes to act on the information or evidence adversely to the claimant— (a) the chief executive must give the claimant a written notice stating— (i) the further information or evidence; and (ii) that the claimant may respond in writing to the further information or evidence within a stated reasonable period after the giving of the notice; and (b) the chief executive must not make the decision unless the claimant has given the response or the following period has ended— (i) generally—the period stated in the notice; (ii) if, within the period stated in the notice, the chief executive agrees in writing to a longer period for the giving of the response—the longer period. 48C Amount of compensation that may be decided (1) The amount of compensation decided may only be for— (a) either— (i) if the eligible authority continued in force after the relevant commencement—the difference between its market value immediately before the relevant commencement and its market value immediately after the relevant commencement; or (ii) if, under the relevant amendment, the eligible authority ended—its market value immediately before the relevant commencement; and (b) the loss, for no more than 3 years from the relevant commencement, of probable taxable income from fishing lost or reduced because of the lost or reduced entitlement to take fisheries resources the subject of the claim. (2) In working out the market value immediately before the relevant commencement, any reduction in the value of the eligible authority caused by the making, or the prospect of the making, of the relevant amendment must be disregarded. (3) In working out the lost or reduced fishing income, regard may be had only to income from fishing under the eligible authority as stated in taxation returns lodged by the claimant and relevant notices of assessment accompanying the claim or given to the chief executive by or for the claimant. (4) Subsection (5) applies if the chief executive considers— (a) a ground on which the claim is made was not the sole cause of the loss or reduction claimed; and (b) the other cause or causes of the loss or reduction were not causes for which compensation may be claimed under subdivision 1. (5) The chief executive may reduce the amount worked out under subsection (1) to reflect the other cause or causes. (6) In this section— relevant commencement means when the relevant amendment commenced. taxable income means taxable income under the Income Tax Assessment Act 1997 (Cwlth). 48D Restriction on payment if someone other than the claimant has a registered interest in the eligible authority (1) This section applies if— (a) the claim and an amount of compensation has been decided under this subdivision; and (b) a person other than the claimant has a registered interest in the eligible authority. (2) The chief executive must not pay the claimant the amount unless the other person has agreed in writing to the chief executive making the payment. Division 3 Authorities issued under Act Subdivision 1 General 49 Authorities that may be issued (1) The chief executive may issue the following authorities under this Act— (a) a licence; (b) a permit; (c) a quota authority; (d) a resource allocation authority; (e) another authority prescribed by regulation. (2) A regulation may provide that an authority of a particular kind may or may not be issued for a stated activity or thing. 50 [Repealed] 51 [Repealed] 52 Things authorised by authorities (1) An authority authorises the holder of the authority to do the things permitted under a regulation or declaration or stated in the authority. (2) A regulation or declaration, or the authority itself, may also authorise other persons to do all or any of the things authorised by it. Example of someone else authorised by an authority— a person who is a member of the crew of a boat owned by the holder (3) However, an authority does not authorise the holder or anyone else (other than an inspector) to enter, or remain on, someone else's land. (4) Also, a resource allocation authority does not confer on the holder— (a) any right of ownership or tenure over the land, waters or resources mentioned in the authority; or (b) the right to carry out the development mentioned in the authority, unless the development is also authorised under the Planning Act. Note— See also section 76T and the Planning Act, section 163. 53 Form, content and term of authorities An authority— (a) must be in the approved form; and (b) must contain the particulars decided by the chief executive; and (c) is issued— (i) for the term stated in it; or (ii) if no term is stated in the authority—until it is cancelled or surrendered or it otherwise expires under this Act. Subdivision 2 Issue and renewal 54 Application for authority (1) An application for the issue of an authority must— (a) be made to the chief executive in the approved form; and (b) be accompanied by the fees prescribed by regulation. (2) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application. 55 Consideration of application for issue of authority (1) The chief executive must consider an application for the issue of an authority and may issue the authority or refuse to issue it. (2) In considering the application, the chief executive must comply with any relevant regulation or declaration. 56 Application for renewal of authority (other than permit) (1) The holder of an authority (other than a permit) may apply for its renewal to the chief executive. (2) Also, a person may apply to renew an expired former authority if— (a) the person held the former authority immediately before its expiry; and (b) the application is— (i) for an authority of the same type, and on substantially the same terms, as the former authority; and (ii) made within 3 months after the expiry. (3) However, the chief executive may, at any time, extend the period for applying to renew an expired former authority. (4) An application under this section must— (a) be made in the approved form; and (b) be accompanied by the fees prescribed by regulation. (5) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application. 57 Permit not renewable (1) A permit can not be renewed. (2) However, the holder may apply for the issue of another permit. (3) Compensation is not payable if the chief executive refuses to issue another permit. (4) However, subsection (3) does not prevent a regulation providing for payment of compensation. 58 Consideration of application for renewal of authority (other than permit) (1) The chief executive must consider an application for renewal of an authority (other than a permit) and may renew the authority or refuse to renew it. (2) In considering the application, the chief executive must comply with any relevant regulation or declaration. (3) If the application is an application under section 56(2) to renew an expired former authority and the chief executive decides to renew it— (a) the chief executive must fix the term of the renewed authority from the day after the former authority expired; but (b) the renewed authority takes effect only from the day the renewed authority is issued. 59 Refusal to issue or renew (1) The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. Examples of the bases on which the chief executive may be satisfied— 1 The authority was issued in error or because of a document or representation— (a) that is false, misleading or omits a material particular; or (b) obtained or made in another improper way. 2 The applicant has been convicted of a fisheries offence. 3 The applicant has had any of the following (a fisheries authority) cancelled or suspended— • a licence, permit, concession or other authority issued under fisheries legislation • a fisheries development approval. 4 The applicant has not complied with a condition of a fishing authority. 5 The applicant has not kept or given returns as required by the chief executive under this Act. 6 The applicant has given a false or misleading return to the chief executive under this Act. 7 The applicant has been convicted of an indictable offence. 8 The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation. 9 The applicant has not paid fees payable under this Act. 10 Another matter specified in a relevant regulation. (2) Compensation is not payable if the chief executive refuses to issue or renew an authority. (3) However, subsection (2) does not prevent a regulation providing for payment of compensation. 60 Notice of refusal of application for issue or renewal etc. If the chief executive refuses to issue or renew an authority sought by an applicant, the chief executive must promptly— (a) give the applicant an information notice for the refusal; and (b) refund the fees paid by the applicant, other than fees for assessing the application. Subdivision 2A Additional requirements for deciding applications for resource allocation authorities 60A Matters chief executive must consider In deciding an application for a resource allocation authority, the chief executive must have regard to the impact of the development mentioned in the authority on each of the following— (a) coastal management under the Coastal Protection and Management Act 1995; (b) the protection of Queensland waters as required under the Environmental Protection Act 1994; Note— See the Environmental Protection (Water) Policy 2009 for the way the environmental values of Queensland waters are to be protected. (c) the management of marine parks under the Marine Parks Act 2004. Subdivision 3 Conditions 61 Conditions imposed on issue or renewal—general (1) When the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example— (a) for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and (b) a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and (c) a condition conferring powers on inspectors. (2) The conditions must be stated in the authority. (3) In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration. (4) If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition. (5) If a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority's holder. (6) A power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act. (7) If an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both. (8) To remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority. (9) Compensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority. (10) However, subsection (9) does not prevent a regulation providing for payment of compensation. 61A Conditions imposed for repeated interactions with protected animals (1) This section applies if an authority holder has more than 1 interaction with a protected animal within a 12 month period. (2) The chief executive may amend the authority to impose reasonable conditions to reduce the risk of future interactions with a protected animal during a stated reasonable period, including, for example— (a) a condition requiring the holder to develop an individual mitigation plan; and (b) a condition imposing additional information requirements on the holder; and (c) a condition imposing a restriction on— (i) how long nets may be placed in the water; or (ii) the types of fishing apparatus that may be used; or (iii) the carrying out of particular fishing activities. (3) If the chief executive imposes a condition on an authority under this section, the chief executive must— (a) state in the condition a period within which the condition must be reviewed; and (b) review the condition within the stated period and decide whether or not the authority should be amended to remove the condition. (4) If the chief executive imposes a condition on an authority under this section, the chief executive must give the holder of the authority an information notice for the decision to impose the condition. (5) Section 61(8) to (10) apply in relation to the imposition of a condition on an authority under this section. (6) Section 63 does not apply to an amendment of an authority under this section. (7) A condition imposed on an authority under this section may also be imposed on the authority on the renewal of the authority if the period for which the condition applies has not ended. (8) In this section— interaction, with a protected animal, means physical contact between a boat, person or fishing apparatus involved in a fishing operation and the animal. 62 Conditions imposed by regulation (1) An authority is also subject to the conditions prescribed by regulation. (2) To remove any doubt, any condition that may be imposed on an authority by the chief executive may be prescribed by regulation. Subdivision 4 Amendment 63 Amendment of authority (1) If the chief executive considers an authority (including the conditions stated in it) should be amended, the chief executive must give the holder of the authority a written notice (the show cause notice) that— (a) states the proposed amendment; and (b) states the reasons for the proposed amendment; and (c) outlines the facts and circumstances forming the basis of the reasons; and (d) invites the holder to show, within a stated time of at least 28 days, why the authority should not be amended. (2) The chief executive may amend the authority if, after considering all representations made within the stated time, the chief executive still considers the authority should be amended— (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. (3) If the chief executive decides to amend the authority, the chief executive must give the holder of the authority an information notice for the decision. (4) Subsections (1) to (3) do not apply if the authority is amended only— (a) by omitting a condition if the omission does not adversely affect the holder's interests; or (b) for a formal or clerical reason; or (c) in another way that does not adversely affect the holder's interests; or (d) at the holder's request under section 63A. (5) The chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the holder. (6) To remove any doubt, any condition that may be imposed on an authority when it is issued may be imposed on the authority by amendment. (7) Compensation is not payable if an authority is amended, or anything previously permitted under the authority is prohibited or regulated. (8) However, subsection (7) does not prevent a regulation providing for payment of compensation. 63A Application for amendment of authority (1) The holder of an authority may apply to the chief executive to amend the authority. (2) An application under this section must be— (a) made in the approved form; and (b) accompanied by the fees prescribed by regulation. (3) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive requires to decide the application. 63B Consideration of application for amendment of authority (1) The chief executive must consider an application to amend an authority and may amend the authority in the way requested or refuse the application. (2) In considering an application to amend an authority, the chief executive must comply with any relevant regulation or declaration. 63C Refusal to amend (1) The chief executive may refuse an application to amend an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. (2) Compensation is not payable if the chief executive refuses an application to amend an authority. (3) However, subsection (2) does not prevent a regulation providing for payment of compensation. 63D Notice of refusal of application for amendment If the chief executive refuses an application to amend an authority, the chief executive must promptly— (a) give the applicant an information notice for the refusal; and (b) refund the fees paid by the applicant, other than fees for assessing the application. 64 Notice to return authori