Schedule 1

Dictionary

In force

section 4

abalone means a mollusc of the genus Haliotis.

accepted development requirements see section 32.

affected person, for part 10, see section 187.

amend...

amending Act, for part 12, division 4, see section 240.

applicable code...

approved form means a form approved by the chief executive under section 221A.

approved harvest strategy means a harvest strategy approved by the Minister under section 16.

approved harvest strategy policy, for part 2, division 1, see section 15.

approved vessel tracking equipment, for a boat, means vessel tracking equipment—

(a)

of a kind approved by the chief executive and published on the department’s website; and

(b)

whose serial number or other identifying details have been given to, and recorded by, the chief executive for the boat.

approved video monitoring equipment, for a boat or type of boat, for part 5, division 3B, see section 76W.

aquaculture means the cultivation of live fisheries resources for sale other than in circumstances prescribed by regulation.

aquaculture authority means an aquaculture authority issued, and in force, under part 5, division 3.

aquaculture development means—

(a)

assessable development under the Planning Act that is making a material change of use of premises for aquaculture; or

(b)

PDA assessable development under the Economic Development Act 2012 that is making a material change of use of premises for aquaculture; or

(c)

SDA assessable development under the State Development and Public Works Organisation Act 1971 that is making a material change of use of premises under part 6 of that Act for aquaculture.

aquaculture development approval means any of the following approvals, whether given before or after the commencement—

(a)

a development approval under the Planning Act for aquaculture development mentioned in definition aquaculture development, paragraph (a);

(b)

a PDA development approval under the Economic Development Act 2012 for aquaculture development mentioned in definition aquaculture development, paragraph (b);

(c)

an SDA approval under the State Development and Public Works Organisation Act 1971 for aquaculture development mentioned in definition aquaculture development, paragraph (c).

aquaculture fisheries resources means fish and marine plants cultivated in aquaculture.

aquaculture furniture means a cage, rack, tank, tray or anything else used, or capable of being used, in aquaculture or to assist in aquaculture.

area means an area of land, waters or both land and waters, and includes a place.

arrangement includes agreement, promise, scheme, transaction (with or without consideration), understanding and undertaking (whether express or implied).

assessable development means development categorised as assessable development under the Planning Act.

assessment manager means an assessment manager under the Planning Act.

associated aquaculture activity, for aquaculture development, means an activity relating to aquaculture associated with the development, whether carried out before or after the aquaculture starts.

Examples of activities that may be carried out before aquaculture starts—

• installing aquaculture furniture

• filling an excavation with water to create a pond

Australian boat has the meaning given by the Commonwealth Fisheries Act.

authorising declaration see section 39(2).

Authority...

authority means a licence, permit, quota authority, resource allocation authority, aquaculture authority or other authority issued, and in force, under this Act.

boat includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a hovercraft and a submersible vessel.

body of water includes a dam and waterway.

body-worn camera means a device—

(a)

worn on clothing or otherwise secured on a person; and

(b)

designed to be used to—

(i)

record images; or

(ii)

record images and sounds.

building work see the Planning Act, schedule 2.

buy includes—

(a)

buy by wholesale, retail or auction; and

(b)

accept, acquire or receive in trade or commerce or under an arrangement; and

(c)

agree, attempt or offer to buy; and

(d)

cause or permit to be bought.

closed season declaration...

closed waters declaration...

coastal waters of the State has the meaning given by Commonwealth Fisheries Act.

commercial fishing activity—

(a)

for part 5, division 3B—see section 76W; or

(b)

for part 5, division 3C—see section 76ZH.

commercial quantity, for part 5, division 4, subdivision 2, see section 89.

Commonwealth Fisheries Act means the Fisheries Management Act 1991 (Cwlth).

Commonwealth Minister has the meaning given by part 5 of the Commonwealth Fisheries Act.

Commonwealth–State arrangement means an arrangement made by the State with the Commonwealth under this Act, and includes a Joint Authority arrangement, and includes, in each case, the arrangement as varied.

Note—

Part 7 deals with Commonwealth–State fisheries management arrangements.

Commonwealth–State fishery means a fishery for which there is in force a Commonwealth–State arrangement, and includes a Joint Authority fishery.

concurrence agency...

condition includes restriction.

container includes a basket, case and tray.

continuing appeal...

conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court.

coral limestone means a calcareous deposit derived from coral, but does not include shell grit or star sand.

currency period...

declaration means a declaration made by the chief executive under part 5, division 1.

declared disease...

declared fish habitat area means an area that is declared under this Act to be a fish habitat area.

Note—

Section 120 deals with declaration of fish habitat areas.

declared quarantine area...

development application means a development application under the Planning Act.

development approval means a development approval under the Planning Act.

development authority...

development permit means a development permit under the Planning Act.

drainage feature means a drainage feature within the meaning given by the Water Act 2000, schedule 4, definition drainage feature, paragraph (b).

electronic document...

eligible authority, for part 5, division 2, see section 43(1)(a).

emergency fisheries declaration...

engages in a trafficking activity, for part 5, division 4, subdivision 2, see section 89B.

entitlement, for the holder of an authority, means the things that, under section 52, the holder is authorised to do as the holder of the authority.

entity includes an entity established under the law of the Commonwealth or another State.

environmental offset see the Environmental Offsets Act 2014, section 7(2).

environmental offset condition means a condition of a development approval that requires or otherwise relates to an environmental offset.

executive officer, for a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.

fee includes a charge or tax.

fish see section 5.

fisheries agency...

fisheries declaration see section 33(1).

fisheries development means development that relates to aquaculture, fisheries resources, fish habitat or waterway barrier works.

fisheries development approval means—

(a)

generally—a development approval for fisheries development if the chief executive, or the chief executive of the department in which the Planning Act is administered, was the assessment manager or a referral agency under that Act for the application for the approval; or

(b)

in relation to aquaculture development—an aquaculture development approval.

fisheries legislation includes—

(a)

this Act or a former Act; and

(b)

the Commonwealth Fisheries Act or the Fisheries Act 1952 (Cwlth); and

(c)

the Marine Parks Act 2004 and the Great Barrier Reef Marine Park Act 1975 (Cwlth); and

(d)

another law of the State, the Commonwealth or another State, or a former law of the Commonwealth (other than an Act mentioned in paragraph (b) or (c))—

(i)

about fishing, fisheries resources or fish habitats; or

(ii)

prescribed by regulation.

fisheries offence means an offence against—

(a)

fisheries legislation; or

(b)

the Biosecurity Act 2014, if the offence relates to fisheries resources or fish habitats; or

(c)

the Economic Development Act 2012, the Planning Act or the State Development and Public Works Organisation Act 1971, if the offence relates to fisheries development.

fisheries resources includes fish and marine plants.

fishery see section 7.

fish habitat includes land, waters and plants associated with the life cycle of fish, and includes land and waters not presently occupied by fisheries resources.

fishing includes—

(a)

searching for, or taking, fish; and

(b)

attempting to search for, or take, fish; and

(c)

engaging in other activities that can reasonably be expected to result in the locating, or taking, of fish; and

(d)

landing fish (from a boat or in another way), bringing fish ashore or transhipping fish.

fishing apparatus means anything used, or capable of being used, to take fish, or assist in the taking of fish, and includes, for example—

(a)

a hook, line or rod used, or capable of being used, to take fish; and

(b)

a crab pot, crayfish pot, net, pitch fork, spear gun or trap used, or capable of being used, to take fish.

fishing sector means a part of the fishing industry representing—

(a)

commercial fishing; or

(b)

charter fishing; or

(c)

recreational fishing; or

(d)

Indigenous fishing.

fish movement exemption notice...

fish way means a fish ladder or another structure or device by which fish can pass through, by or over waterway barrier works.

foreign boat has the meaning given by the Commonwealth Fisheries Act.

foreshore means parts of the banks, bed, reefs, shoals, shore and other land between high water and low water.

former Act means the Fisheries Act 1976 or Fishing Industry Organisation and Marketing Act 1982.

harvest strategy means a harvest strategy prepared under part 2, division 1.

high water means the mean height of the highest high water at spring tide.

holder of an authority means the person to whom it is issued or transferred.

in, a boat, vehicle or place, includes—

(a)

for a boat or vehicle—on the boat or vehicle; and

(b)

for a place—on or at the place.

indigenous fisheries resources means fisheries resources—

(a)

in relation to a particular area—

(i)

spawned, born or grown, other than by aquaculture, in the area; and

(ii)

belonging to a species of fisheries resources native to the area; or

(b)

without reference to a particular area—

(i)

spawned, born or grown, other than by aquaculture, in Queensland; and

(ii)

belonging to a species of fisheries resources native to Queensland.

Indigenous fishing means fishing conducted by Aboriginal peoples or Torres Strait Islander peoples.

indigenous fishing...

information notice, for a decision, means a written notice stating the following information—

(a)

the decision;

(b)

the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c)

that the person to whom the notice is given may ask for a review of the decision under this Act;

(d)

how, and the period within which, the review may be started.

inspector means a person who is appointed under this Act as an inspector.

internal review, for part 10, see section 187.

internal review decision, for part 10, see section 187.

issue an authority (other than a permit) includes renew the authority.

Joint Authority means a Joint Authority established under the Commonwealth Fisheries Act of which the Minister is a member.

Joint Authority arrangement means an arrangement made by the State with the Commonwealth under this Act, whether or not it is also made with another State.

Note—

Part 7 deals with Commonwealth–State fisheries management arrangements.

Joint Authority fishery means a fishery for which there is in force a Joint Authority arrangement under which the fishery is to be under the management of a Joint Authority.

keep includes possess.

land includes foreshores and tidal and nontidal land.

leave includes put.

low water means the mean height of the lowest low water at spring tide.

management plan...

marine plant see section 8.

material change of use see the Planning Act, schedule 2.

monitoring period, for part 5, division 3B, subdivision 2, see section 76ZB.

net means netting material used, or capable of being used, to take fish, and includes tackle and equipment used, or capable of being used, with a net.

net proceeds of sale of fisheries resources seized under this Act means the amount left from the proceeds of the sale of the fisheries resources after payment of—

(a)

expenses incurred in—

(i)

seizing the fisheries resources; and

(ii)

transporting the fisheries resources from the place of seizure to the place of sale; and

(iii)

performing any necessary treatment of the fisheries resources; and

(iv)

storing the fisheries resources until delivery for sale; and

(v)

selling the fisheries resources; and

(b)

any other expenses prescribed by regulation.

netting material includes material of any type formed into mesh.

non-indigenous fisheries resources means fisheries resources that—

(a)

in relation to a particular area—do not fall in the category mentioned in this schedule, definition indigenous fisheries resources, paragraph (a); or

(b)

without reference to a particular area—do not fall in the category mentioned in this schedule, definition indigenous fisheries resources, paragraph (b).

nontidal land includes land permanently or periodically submerged by waters not subject to tidal influence.

noxious fisheries resources...

noxious substance means anything that—

(a)

is harmful, or produces conditions that are harmful, to fisheries resources or fish habitats; or

(b)

is prescribed by regulation or declared by a declaration to be a noxious substance.

observation condition, for part 5, division 3C, see section 76ZI.

observation notice, for part 5, division 3C, subdivision 3, see section 76ZO(1).

observation period, for part 5, division 3C, subdivision 3, see section 76ZO(2)(a)(ii).

occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place.

offence against this Act, other than for sections 220 to 220B, includes—

(a)

an offence against the Biosecurity Act 2014, if the offence relates to fisheries resources or fish habitats; or

(b)

an offence against the Economic Development Act 2012, the Planning Act or the State Development and Public Works Organisation Act 1971, if the offence relates to fisheries development.

official observer means a person appointed as an official observer under section 76ZK.

operational work see the Planning Act, schedule 2.

original decision, for part 10, see section 187.

owner, for a thing that has been seized under this Act means—

(a)

if the chief executive is aware of the actual owner of the thing immediately before the seizure—the actual owner; or

(b)

otherwise—a person who would be entitled to possession of the thing had it not been seized.

permit means a permit in force under this Act.

person in control includes—

(a)

for a boat—the person who has, or reasonably appears to have, command or charge of the boat; and

(b)

for a vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver.

place includes premises and a place on or in waters or on land, but does not include a vehicle or boat.

Planning Act means the Planning Act 2016.

Policy Council...

possess a thing includes—

(a)

have custody or control of the thing; and

(b)

have an ability or right to obtain custody or control of the thing.

premises includes—

(a)

a building, wharf or other structure; and

(b)

a part of a building, wharf or other structure; and

(c)

land or waters where a building, wharf or other structure is situated.

prescribed aquaculture development means aquaculture development that is carried out in Queensland waters or on unallocated tidal land.

prescribed declared fish habitat area development means assessable development under the Planning Act that is either of the following, to the extent the development is carried out in Queensland waters or on land other than freehold land—

(a)

building work in a declared fish habitat area;

(b)

operational work completely or partly within a declared fish habitat area.

priority fish, for part 5, division 4, subdivision 2, see section 89A.

prohibited development...

protected animal means—

(a)

a protected animal under the Nature Conservation Act 1992; or

(b)

an animal of a listed threatened species, listed migratory species or listed marine species under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).

public notice, for part 2, division 1, see section 15.

public place means a place that the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money.

QCAT information notice, for part 10, see section 187.

quarantine declaration...

Queensland waters...

quota...

quota authority means a quota authority issued by the chief executive under this Act.

quota declaration see section 37(1).

quota entitlement, for an authority, means a quota applying to the entitlement to take fisheries resources under the authority for a fishery or part of a fishery.

reallocation decision see section 27(2).

recreational limit, for part 5, division 4, subdivision 2, see section 89.

register, when used as a noun, means the register the chief executive keeps under section 73(1).

registered interest, in an authority, means an interest in the authority that is noted on the register.

regulated fish means fish declared to be regulated fish by a regulated fish declaration.

regulated fish declaration see section 34.

regulated fishing apparatus declaration see section 36(1).

regulated fishing method declaration see section 36(2).

regulated waters declaration see section 35(1).

release includes place.

relevant amendment, for part 5, division 2, see section 43(1)(b).

relevant authority, for part 12, division 4, see section 240.

relevant boat—

(a)

for part 5, division 3B, subdivision 2—see section 76ZA; or

(b)

for part 5, division 3C, subdivision 3—see section 76ZM.

renew an authority (other than a permit) includes the renewal of a former authority made because of an application under section 56(2).

resource allocation authority means a resource allocation authority issued, and in force, under part 5, division 3.

self-assessable development...

sell includes—

(a)

sell by wholesale, retail or auction; and

(b)

supply in trade or commerce or under an arrangement; and

(c)

agree, attempt or offer to sell; and

(d)

keep or expose for sale; and

(e)

cause or permit to be sold.

serious fisheries offence means—

(a)

an offence against any of the following provisions—

(i)

section 77(1) or (2);

(ii)

section 78;

(iii)

section 79;

(iv)

section 79A;

(v)

section 80;

(vi)

section 81(1);

(vii)

section 82;

(viii)

section 87(1);

(ix)

section 89C;

(x)

section 90(1);

(xi)

section 118(4);

(xii)

section 176(1);

(xiii)

section 182(1); or

(b)

an offence against section 219(2) committed by a person acting under an authority in relation to a provision mentioned in paragraph (a); or

(c)

another fisheries offence prescribed by regulation to be a serious fisheries offence.

shark control program see section 3A(4).

species of a fish or plant means a species, subspecies, hybrid, variant, race, mutation or geographically separate population of the animal or plant.

specified works...

stowed and secured...

take fisheries resources includes—

(a)

catch, gather, kill or obtain from water or land; and

(b)

attempt to catch, gather, kill or obtain from water or land; and

(c)

land (from a boat or in another way), bring ashore or tranship.

temporary quota transfer...

temporary transfer see section 65C(1).

tidal land includes reefs, shoals and other land permanently or periodically submerged by waters subject to tidal influence.

total quota entitlement, for a fishery or part of a fishery, means the maximum combined quota entitlements for all authorities for the fishery or part.

trade or commerce includes—

(a)

a business activity; and

(b)

anything else done for gain or reward.

transfer, of an authority, includes—

(a)

transfer by a joint holder of the authority, of all or part of the holder’s interest in the authority, to the other joint holders of the authority; and

(b)

if the authority is a quota authority relating to another authority—transfer by the holder of the quota authority, from the authority to which it relates, to another authority held by the same holder.

tribunal...

unallocated tidal land means tidal land that is unallocated State land under the Land Act 1994, schedule 6.

unamended Act, for part 12, division 4, see section 240.

unlawfully means without authority under this Act or other legal authority, justification or excuse under an Act.

urgent declaration see section 38.

vehicle includes a caravan, trailer and aircraft, but does not include a boat.

vessel tracking equipment means equipment used as part of a system that monitors the position and operation of a vessel.

video monitoring condition, for part 5, division 3B, see section 76X.

video monitoring equipment, for part 5, division 3B, see section 76W.

VMS equipment...

watercourse see the Water Act 2000, schedule 4.

waterway includes a river, creek, stream, watercourse, drainage feature or inlet of the sea.

waterway barrier works means a dam, weir, crossing, fill or other complete or partial barrier within a waterway if the barrier limits fish access to, or movement within, a waterway.

wild river area...

wild river high preservation area...

wild river preservation area...

Regulations

This provision refers to the regulations (prescribed by regulation). Made under this Act:

1 more instrument made under this Act are listed on the Act’s overview.

This Act’s bill:Explanatory memorandum

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