Fisheries Act 2000

This Act is the Fisheries Act 2000.

The objects of this Act are—

to conserve native fish species and their habitats; and

to manage sustainably the fisheries of the ACT by applying the principles of ecologically sustainable development; and

to provide high quality and viable recreational fishing; and

to cooperate with other Australian jurisdictions in sustaining fisheries and protecting native fish species.

In this section:

ecologically sustainable development—see the Nature Conservation Act 2014, section 6 (4).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary defines certain terms, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘fishing closure—see section 13.’ means the term ‘fishing closure’ is defined in section 13.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Fisheries management plan

In this Act:

fisheries management plan—

means a plan for the ACT detailing how fish and fisheries may be appropriately managed; and

Examples

1 conservation of fish in certain areas

2 stocking fish into waters

includes anything required to be included by a conservator guideline; and

may apply, adopt or incorporate an instrument as in force from time to time.

Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

The conservator may prepare a draft fisheries management plan.

If the conservator prepares a draft fisheries management plan, the conservator must also prepare a notice about the draft fisheries management plan (a public consultation notice).

A public consultation notice must—

state that—

anyone may give a written submission to the conservator about the draft fisheries management plan; and

submissions may be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period); and

include the draft fisheries management plan.

A public consultation notice is a notifiable instrument.

If the conservator notifies a public consultation notice for a draft fisheries management plan—

anyone may give a written submission to the conservator about the draft fisheries management plan; and

the submission may be given to the conservator only during the public consultation period; and

the person making the submission may, in writing, withdraw the submission at any time.

At the end of the public consultation period, the conservator must—

consider any submissions received during the consultation period; and

make any revision to the draft fisheries management plan that the conservator considers appropriate; and

state in the draft fisheries management plan a date on which the plan will be reviewed.

If the conservator has prepared a fisheries management plan under section 6, the conservator—

if the plan involves a significant activity—must give the plan to the Minister for approval; or

in any other case—may approve the plan.

A fisheries management plan approved by the conservator is a disallowable instrument.

Note Minor amendments may be made to the plan under s 10.

In this section:

significant activity, for a fisheries management plan, means—

commercial fishing; or

commercial trade of fish; or

any other activity prescribed by regulation.

If the conservator gives a fisheries management plan to the Minister for approval, the Minister must—

approve the plan; or

direct the conservator to revise the plan under section 9.

A fisheries management plan approved by the Minister is a disallowable instrument.

Note Minor amendments may be made to the plan under s 10.

This section applies if the conservator gives a fisheries management plan to the Minister for approval under section 8 or review under section 11.

The Minister may direct the conservator to take 1 or more of the following actions in relation to the plan:

carry out further stated consultation;

consider a relevant report;

revise the plan in a stated way.

The conservator must—

give effect to the direction; and

resubmit the fisheries management plan to the Minister for approval.

Section 8 applies to a fisheries management plan resubmitted by the conservator.

This section applies if—

a fisheries management plan is in force (the existing plan); and

the conservator considers that minor amendments to the existing plan are appropriate.

The conservator—

may prepare an amended fisheries management plan, incorporating the minor amendments; and

need not comply with section 7 (1) (a); and

may make the fisheries management plan, as amended.

Note A fisheries management plan approved by the conservator is a disallowable instrument (see s 7 (2)).

In this section:

minor amendment, of a fisheries management plan, means an amendment that will improve the effectiveness or technical efficiency of the plan without changing the substance of the plan.

Examples

1 minor correction to improve effectiveness

2 omission of something redundant

3 technical adjustment to improve efficiency

The conservator must review a fisheries management plan—

on the date stated in the plan; or

at request of the Minister.

If the fisheries management plan involves a significant activity, the conservator must prepare a notice about the review (a public consultation notice).

A public consultation notice must state—

that the conservator is reviewing the fisheries management plan; and

that anyone may give a written submission to the conservator about the fisheries management plan; and

that submissions must be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period); and

where the fisheries management plan is available for inspection.

A public consultation notice is a notifiable instrument.

If the conservator notifies a public consultation notice about the review of the fisheries management plan—

anyone may give a written submission to the conservator about the plan; and

the submission may be given to the conservator only during the public consultation period; and

the person making the submission may, in writing, withdraw the submission at any time.

At the end of the review, the conservator—

may make minor amendments to the plan; or

may prepare a new fisheries management plan; or

if the conservator reasonably believes the plan is no longer needed—

if the plan involves a significant activity—must give the plan to the Minister for review; or

in any other case—may revoke the plan.

If the conservator gives a plan to the Minister under subsection (6), the Minister may direct the conservator to revise the plan under section 9.