Fisheries Act 2000

The Executive may make regulations for this Act.

The regulations may make provision in relation to—

the sale, transport, storage, processing and handling of fish; and

the keeping of records for activities mentioned in paragraph (a); and

the prevention of damage to a place where fish spawn or are likely to spawn; and

the administration of licences.

The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Schedule 1 Reviewable decisions

(see pt 10)

column 1 item column 2 section column 3 decision column 4 entity

1

22 refuse to issue recreational group licence applicant for licence

2

30 refuse to issue fisheries licence applicant for licence

3

31 issue licence with conditions applicant for licence

4

36 (2) amend licence licensee

5

36 (3) issue amended licence with conditions licensee

6

36A refuse to issue replacement fisheries licence licensee

7

36H (3) take regulatory action licensee

8

36I (2) suspend licence licensee

9

39 refuse to register fish dealer applicant for registration

10

41 suspend fish dealer’s licence entity that has registration suspended

11

42 cancel fish dealer’s licence entity that has registration cancelled

Dictionary (see s 4)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 conservator of flora and fauna

 contravene

 disallowable instrument

 document

 function

 home address

 magistrate

 Magistrates Court

 penalty unit (see s 133)

 power

 reviewable decision notice.

abalone means blacklip and greenlip abalone and includes all other species of abalone.

aquaculture—see section 46.

aquatic habitat—see section 88.

authorised person—

means a fisheries officer; and

includes—

a conservation officer; and

a police officer.

authorised person’s direction—see section 72.

boat means any kind of vessel, however navigated.

commercial quantity of fish of a priority species means the quantity prescribed by regulation as a commercial quantity of the fish.

conservation officer—see the Nature Conservation Act 2014, dictionary.

conservator means the conservator of flora and fauna.

conservator guidelines means a guideline made under section 113A.

corresponding law means a law of a State that regulates fisheries.

critical habitat means aquatic habitat, or a part of aquatic habitat, declared as critical habitat under section 18A.

critical habitat declaration—see section 18A (1).

cultural resource management plan—see the Nature Conservation Act 2014, dictionary.

environment—see the Environment Protection Act 1997, dictionary.

exempt conduct, for part 8 (Offences)—see section 73.

exempt species means a species of fish declared to be an exempt species under section 18.

exempt species declaration—see section 18 (1).

fin fish means a marine, estuarine or freshwater fish of the class pisces.

fish means marine, estuarine or freshwater fish or other aquatic animal life, or any of their parts, at any stage of their history (whether alive or dead), and includes—

abalone, oysters and other aquatic molluscs; and

crustaceans; and

echinoderms; and

beachworms and other aquatic polychaetes;

but does not include—

reptiles; and

birds; and

amphibians.

fish dealer means a person who receives fish, for resale or other commercial use, from a person whom they know or suspect or ought to know or suspect to be a commercial fisher, but does not include a person who receives fish only for the purpose of transporting them on behalf of the owner of the fish.

fisheries licence—see section 19.

fisheries licence register—see section 36M.

fisheries management plan—see section 5.

fisheries officer means a person appointed under section 50.

fishing closure—see section 13.

fishing gear means equipment, other than a vehicle or boat, used for taking fish.

fish of a priority species means—

abalone; and

Murray Cod; and

rock lobster; and

fish of any other species prescribed by regulation as a priority species.

ground for regulatory action—see section 36F.

identity card means—

in relation to a fisheries officer—an identity card issued to the person under section 51; or

in relation to a conservation officer—an identity card issued to the person under the Nature Conservation Act 2014, section 29; or

in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer.

information direction—see section 64 (2).

lease—see the Planning Act 2023, section 257.

licensee means the holder of—

a fisheries licence; or

a recreational group licence.

net includes anything attached to a net.

noxious fish means a species of fish declared to be noxious under section 14.

occupier, of a place, for division 7.1 (Powers for places)—see section 53.

possession includes having a thing in the custody of someone else.

possession limit—see section 16A.

premises includes—

land (whether vacant or occupied); and

a vehicle; and

a vessel.

private waters means—

waters on private land that are not public waters; and

waters under an aquaculture licence.

processing means break up, can, chill, cook, cut up, freeze, pack, preserve, purge, shell, shuck, skin or otherwise treat or process fish.

public waters—

means—

waters on public land; and

a waterway; and

waters of a dam, water storage or other control structure situated on a waterway; but

does not include waters under an aquaculture licence.

receive fish, means receive fish from someone else, whether by purchase or otherwise, for any purpose other than—

personal or domestic consumption; or

transportation.

recreational group licence—see section 20.

registered means registered under this Act.

regulatory action—see section 36G.

reviewable decision, for part 10 (Notification and review of decisions)—see section 107.

rock lobster means an animal of the genus Jasus.

sell includes—

sell by wholesale, retail, auction or tender; and

barter or exchange; and

supply for profit; and

offer for sale, receive for sale or expose for sale; and

consign or deliver for sale; and

have in possession for sale; and

cause or allow anything mentioned in paragraphs (a) to (f) to be done.

species, of fish, includes a subspecies, domesticated forms or hybrids of a species.

stop vehicle direction—see section 67 (2).

suitability information—

about a person, for part 4 (Fisheries licences)—see section 24; or

about an activity, for part 4 (Fisheries licences)—see section 27.

suitable activity, for a fisheries licence, for part 4 (Fisheries licences)—see section 26.

suitable person, to hold a fisheries licence, for part 4 (Fisheries licences)—see section 23.

take means to gather, catch, kill or remove fish from an aquatic habitat.

traffic, in fish, includes the following:

sell the fish;

possess or gain possession or control of the fish with the intention of selling any of it;

receive the fish;

process the fish.

treatment direction—see section 72B.

urgent direction—see section 70 (2).

vehicle—see the Road Transport (General) Act 1999, dictionary.

waters means public waters and private waters.

waterway—see the Water Resources Act 2007, section 10.