Fisheries Declaration 2019

The dictionary in schedule 5 defines particular words used in this declaration.

A reference in this declaration to particular regulated waters by name or description is a reference to the regulated waters with that name or description under schedule 1.

Subject to subsections (1) and (2), and unless this declaration provides otherwise, terms used in it have the meaning given under the Fisheries (General) Regulation 2019.

Subsection (3) is not limited to a term defined under the Fisheries (General) Regulation 2019 but also applies to a provision of the regulation that aids the interpretation of a term mentioned in the regulation.

sections 14 and 15 of the regulation for the interpretation of references to periods and times; and

schedule 7 of the regulation for the interpretation of references to, or relating to, fish; and

schedule 8 of the regulation for the interpretation of references to, or relating to, waters or areas; and

schedule 9 of the regulation for the interpretation of references to, or relating to, boats; and

schedule 10 of the regulation for the interpretation of references to, or relating to, fishing apparatus.

A prohibition or restriction on the carrying out of an activity under a fisheries declaration applies to persons acting under an authority.

If an activity is prohibited under a fisheries declaration, the activity is prohibited even if the activity is not prohibited, or is not prohibited in the same way, under another fisheries declaration, whether of the same type or another type.

If 2 or more fisheries declarations, whether of the same type or different types, apply to the carrying out of an activity, both or all of the fisheries declarations must be complied with in relation to the carrying out of the activity.

This chapter provides for regulated waters declarations under sections 33 and 35 of the Act.

Part 2 declares particular waters to be regulated waters.

Parts 3 to 13 regulate the carrying out of particular activities in the regulated waters.

This section applies if a regulated waters declaration states a period in which an activity is regulated in stated regulated waters.

The activity is regulated in the stated regulated waters under the regulated waters declaration only in the stated period.

This section applies if—

an activity is regulated in stated regulated waters under a regulated waters declaration; and

the declaration does not state a particular period in which the activity is regulated in the waters.

The activity is regulated in the regulated waters at all times.

The chief executive may prepare a fisheries regulated waters plan for this chapter.

A fisheries regulated water plan is—

held by the chief executive; and

identified by the prefix ‘FRW’ followed by the plan number.

Copies of fisheries regulated waters plans are—

available for inspection, free of charge, during office hours on business days at the department’s head office; and

published on the department’s website.

Each of the waters described in schedule 1, column 2—

is declared to be regulated waters; and

has the name set out opposite it in column 1 of the schedule.

The regulated waters in schedule 1, part 1 are named by reference to particular fish, the taking or possession of which is regulated in the waters.

The regulated waters in schedule 1, part 2 are—

named by reference to their location; and

listed in approximate order of their location going from the State’s border with New South Wales to the State’s border with the Northern Territory.

This section applies for identifying waters that form part of regulated waters that are declared by reference to waters shown as regulated waters on a fisheries regulated waters plan.

Waters shown within the boundary lines on the fisheries regulated waters plan are part of the regulated waters.

However, if the fisheries regulated waters plan shows that waters within a particular boundary are excluded from the regulated waters shown on the plan, those waters are not part of the regulated waters.

If the fisheries regulated waters plan shows a boundary by reference to a geographical feature or fixed structure—

the boundary is decided by reference to the feature or structure; and

to the extent the boundary is decided by reference to the feature or structure, a line in relation to the boundary shown on the plan is only indicative of the current position of the boundary.

Also, if the fisheries regulated waters plan shows a boundary with a gap in it, the boundary continues in a straight line across the gap to the nearest point of the boundary on the other side of the gap.

A person must not carry out an activity in regulated waters that is prohibited under parts 4 to 12.

Subsection (1) does not apply to a person carrying out an activity that is permitted under part 13.