Fisheries Act 1994

This Act may be cited as the Fisheries Act 1994.

This Act commences on a day to be fixed by proclamation.

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—

apply and balance the principles of ecologically sustainable development; and

promote ecologically sustainable development.

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.

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.

Subsections (1) and (3) do not limit the purposes of this Act.

In this section—ecologically sustainable development means using, conserving and enhancing the community’s fisheries resources and fish habitats so that—

the ecological processes on which life depends are maintained; and

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—

enhancing individual and community wellbeing through economic development that safeguards the wellbeing of future generations;

providing fairness within and between generations;

protecting biological diversity, ecological processes and life-support systems;

in making decisions, effectively integrating fairness and short and long-term economic, environmental and social considerations;

considering the global dimension of environmental impacts of actions and policies;

considering the need to maintain and enhance competition, in an environmentally sound way;

considering the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

that decisions and actions should provide for broad community involvement on issues affecting them;

the precautionary principle.

The main purpose of this Act is to be primarily achieved by providing for—

the management and protection of fish habitats; and

the management of commercial, charter, recreational and Indigenous fishing; and

the management of aquaculture.

The main purpose of this Act is to be achieved, so far as is practicable—

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

using a transparent and responsive approach to the management of access to fisheries resources.

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.

The program is the shark control program.

The dictionary in schedule 1 defines particular words used in this Act.

Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives—

in water (whether freshwater or saltwater); or

in or on foreshores; or

in or on land under water.

Fish includes—

prawns, crayfish, rock lobsters, crabs and other crustaceans; and

scallops, oysters, pearl oysters and other molluscs; and

sponges, annelid worms and holothurians; and

trochus and green snails.

However, fish does not include—

pests under the Medicines and Poisons Act 2019; or

animals prescribed by regulation not to be fish.

Fish also includes—

the spat, spawn and eggs of fish; and

any part of fish or of spat, spawn or eggs of fish; and

treated fish, including treated spat, spawn and eggs of fish; and

coral, coral limestone, shell grit or star sand; and

freshwater or saltwater products declared under a regulation to be fish.

A regulation under subsection (4)(e) may declare a product to be fish only—

for a particular provision of this Act; or

if the product is used for a particular purpose.

Subsection (5) does not limit the Statutory Instruments Act 1992, section 24 or 25.

Fishery includes activities by way of fishing, including, for example, activities specified by reference to all or any of the following—

a species of fish;

a type of fish by reference to sex, size or age or another characteristic;

an area;

a way of fishing;

a type of boat;

a class of person;

the purpose of an activity;

the effect of the activity on a fish habitat, whether or not the activity involves fishing;

anything else prescribed by regulation.

Marine plant includes the following—

a plant (a tidal plant) that usually grows on, or adjacent to, tidal land, whether it is living, dead, standing or fallen;

material of a tidal plant, or other plant material on tidal land;

a plant, or material of a plant, prescribed by regulation to be a marine plant.

Marine plant does not include a plant that is—

prohibited matter or restricted matter under the Biosecurity Act 2014; or

controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

This Act binds all persons, including the State.

This Act applies to persons, things, acts and omissions on or in—

land within the limits of the State; and

Queensland waters.

However, this Act does not apply to—

activities to which a Commonwealth law cooperative fishery applies; or

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

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

exclusive Commonwealth matters for a State law cooperative fishery; or

the taking and keeping of fish under a collection authority issued under the Biodiscovery Act 2004.

This Act also applies to—

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

activities in the Australian fishing zone to which a State law cooperative fishery applies.

Subsection (3)(a) does not apply to recreational fishing regulated by a Commonwealth plan of management.

Subsection (3)(b) does not apply to exclusive Commonwealth matters for the State law cooperative fishery.

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—

foreign boats;

operations on and from foreign boats;

persons on foreign boats;

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.

This Act does not apply to—

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

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

the use of a hand net to lift from water fish taken by other fishing apparatus; or

the use of a gaff to secure fish taken by other fishing apparatus.

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.

The exemption may be given on conditions stated in the regulation.

A person must not contravene a condition of an exemption that applies to the person.Maximum penalty for subsection (3)—200 penalty units.