Fisheries Management Act 2007

Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim

Aboriginal descent;

aboriginal traditional fishing means fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant aboriginal custom;

aboriginal traditional fishing management plan—see section 60;

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary

Act 2005;

advisory committee means an advisory committee established under section 20;

aquaculture has the same meaning as in the

Aquaculture

Act 2001;

aquaculture fish means fish farmed under an aquaculture licence;

aquaculture licence has the same meaning as in the Aquaculture

Act 2001;

aquatic animal means an aquatic animal of any species, and includes the reproductive products and body parts of an aquatic animal;

aquatic mammal means a seal or sea lion (order

Pinnipedia) or a dolphin or whale (order Cetacea);

aquatic plant means an aquatic plant of any species, and includes the reproductive products and parts of an aquatic plant;

aquatic reserve means any waters, or land and waters, declared by proclamation to constitute an aquatic reserve;

aquatic resource means fish or aquatic plants;

aquatic resources of the State means aquatic resources of the waters to which this Act applies but does not include aquatic resources being farmed under an aquaculture licence;

arrangement means—

Part

4Division 1 (whether or not it is also made with another State or other States); or

Part

4Division 3;

Australian fishing zone means the Australian fishing zone as defined in the Commonwealth Act;

authorised person means a fisheries officer, scientific observer or sea ranger;

authority means a licence, permit, registration, authorisation or other authority under this Act;

boat means a vessel or craft that is used, or is capable of being used, as a means of transportation on water;

coastal waters has the same meaning as in the

Commonwealth Act;

commercial fishing means fishing for a commercial purpose;

commercial purpose means the purpose of trade or business;

commercial quantity means a quantity declared by the regulations to be a commercial quantity for the purposes of this

Act;

Commonwealth Act means the

Fisheries Management Act

1991 of the Commonwealth;

Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister performing and exercising functions and powers under section 60 of the Commonwealth

Act;

condition includes a limitation;

contravene includes not comply with;

corresponding law means a law of the

Commonwealth or another State or a Territory of the Commonwealth declared by the regulations to be a law corresponding to this Act;

council has the same meaning as in the

Local Government

Act 1999;

developmental fishery means a fishery declared by the regulations to be a developmental fishery for the purposes of this

Act;

device means an implement, apparatus, device or substance for taking or facilitating the taking of an aquatic resource;

director of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

Director of Fisheries or

Director means the person for the time being holding or acting in the office of the Director of Fisheries under

Part

3Division 1;

ecologically sustainable development—see section 7(5);

entitlement under a fishery authority means—

ERD Court means the Environment, Resources and

Development Court;

exemption means an exemption granted under this

Act;

exotic aquatic organism means fish or an aquatic plant of a species that is not endemic to the waters to which this Act applies;

and exotic fish and exotic aquatic plant have corresponding meanings;

fish means an aquatic animal other than—

or

fisheries officer means—

fishery—

4—means a class of fishing activities identified in an arrangement under that Part as a fishery to which the arrangement applies;

Act (other than Part 4);

fishery authority means a fishery licence or fishery permit;

fishery licence means a licence in respect of a fishery under Part

6Division 1;

fishery permit means a permit in respect of a fishery under Part

6Division 1;

fishing activity or fishing means the act of taking an aquatic resource, or an act preparatory to, or involved in, the taking of an aquatic resource;

fish of a priority species means—

fish processor means a person who, for a commercial purpose, processes, stores, transports or deals with fish or other aquatic resources;

foreign boat has the same meaning as in the

Commonwealth Act;

Fund means the Fisheries Research and

Development Fund continued in existence under section 21;

gear entitlement under a fishery authority means the maximum number of devices of a particular kind that the holder of the authority may lawfully use at any 1 time for the purpose of taking fish pursuant to the authority;

indigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title

Act 1993 of the Commonwealth;

Joint Authority means a Joint Authority established under section 61 of the Commonwealth Act of which the Minister is a member;

Joint Authority Fishery means a fishery in respect of which there is in force an arrangement under

Part

4Division 2 under which the fishery is to be under the management of a Joint Authority;

management plan means a management plan under

Part

5;

native title group means a native title group under section 24CD of the Native

Title Act 1993 of the Commonwealth;

noxious, in relation to an aquatic resource, means a species of aquatic resource declared by the Minister by notice in the

Gazette to be a noxious species for the purposes of this Act;

plant includes alga;

prescribed apparatus means apparatus of a kind prescribed by the regulations for the purpose of counting, grading, weighing or sizing fish;

prescribed procedure means a procedure prescribed by the regulations for determining the weight of a fish catch;

processing—

protected species means a species of aquatic resource declared by the regulations to be a protected species for the purposes of this Act;

public authority includes a Minister, statutory authority or council;

purchase means—

quota entitlement under a fishery authority means the total quantity of aquatic resource of a particular class that may be taken under the authority during a quota period;

quota period means the period during which a total allowable catch or total allowable commercial catch may be taken;

recreational fishing means fishing other than commercial fishing or aboriginal traditional fishing;

registered boat—

Part

6Division 1 for use under a fishery authority; and

registered fish processor means a person who is registered as a fish processor under

Part

6Division 3;

registered master—

Part

6Division 1 as master of a boat that may be used under a fishery authority; and

registered owner—

Part

6Division 1—means the holder of that authority;

register of authorities—see section 116(1)(a);

register of exemptions—see section 116(1)(b);

relevant Act means—

Adelaide Dolphin Sanctuary

Act 2005; or

Marine Parks

Act 2007; or

River Murray

Act 2003;

relevant Minister means—

Dolphin Sanctuary Act 2005 is committed;

or

Act 2007 is committed; or

Act 2003 is committed;

repealed Act means the

Fisheries

Act 1982;

River Murray has the same meaning as in the

River Murray

Act 2003;

scientific observer means a person appointed as a scientific observer under section 80;

sea ranger means a person appointed as a sea ranger under section 80;

sell means—

specially protected area means—

species includes a subspecies or variety;

State includes a Territory;

take, in relation to an aquatic resource, means catch, take or obtain the resource (whether dead or alive) from any waters or kill or destroy the resource in any waters;

total allowable catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period;

total allowable commercial catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period for a commercial purpose;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013;

waters means—

and