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FISHERIES MANAGEMENT ACT 1994 - As at 19 July 2023 - Act 38 of 1994

- As at 19 July 2023 - Act 38 of 1994

Table of Provisions

PART 1 - PRELIMINARY

PART 1A - FISHERY MANAGEMENT STRATEGIES

  • 7A Definitions
  • 7B Declaration of designated fishing activities
  • 7C Fishery management strategy for designated activities
  • 7D Purpose of fishery management strategy
  • 7E Content of fishery management strategy
  • 7F Revision of draft strategy and publication of approved strategy following environmental assessment
  • 7G Management plan not to be made until completion of environmental assessment

PART 2 - GENERAL FISHERIES MANAGEMENT

Division 1 - Fishing closures

  • 8 Closure of waters to fishing
  • 9 Publication of notification of closures
  • 10 Duration of closures
  • 11 Amendment or revocation of closures
  • 12 General provisions relating to closures
  • 13 Regulations relating to closures
  • 14 Offences relating to closures

Division 2 - Offences relating to size, quantity and particular species of fish

Division 2A - Trafficking in fish

Division 3 - Fishing gear

Division 4 - (Repealed)

None

Division 4A - Recreational fishing fee

Division 4B - Acquisition of commercial fishing entitlements

  • 34K Purpose of Division
  • 34L Declaration by Minister of acquisition of entitlements
  • 34M Consultation on proposed acquisition declaration
  • 34N Termination of commercial fishing entitlements following declaration of acquisition
  • 34O Entitlement to compensation for acquired entitlements

Division 4C - Fishing businesses

Division 5 - General

  • 35 Possessing fish illegally taken
  • 36 Defence for accidental etc taking of fish
  • 37 Defence--special approval for research or other authorised purposes
  • 37AA Provisions relating to permits
  • 37A Defence--permits authorising sale of fish for charitable purposes
  • 38 Right to fish in certain inland waters
  • 39 Obstruction of recognised fishing grounds
  • 40 Regulations relating to general management of fisheries

PART 2A - FISHING DETERMINATIONS AND QUOTAS

Division 1 - Fishing determinations generally

Division 2 - Fishing determinations by TAF Committee

Division 3 - Fishing determinations by Secretary

Division 4 - Allocation of commercial fishing determinations (quotas)

Division 5 - Allocation of non-commercial fishing determinations

PART 3 - COMMERCIAL SHARE MANAGEMENT FISHERIES

Division 1 - Overview

  • 41 Staged implementation of share management fisheries
    • 41A. (Repealed)

Division 2 - Declaration of share management fisheries

Division 2A - (Repealed)

None

Division 3 - Issue of shares

  • 46 Invitation for shares
  • 47 Application for shares
  • 48 Provisional issue of shares to applicants
  • 49 Who may hold shares
  • 50 Method of determining eligibility and entitlement to shares
  • 51 Catch history
  • 52 Final issue of shares
  • 52A Shares subject to appeal

Division 4 - Limited access to fishery after issue of shares

Division 4A - Redefinition proposals

  • 55A Minister may put forward redefinition proposal
  • 55B Notice of redefinition proposal
  • 55C Shareholders who are affected by a redefinition proposal
  • 55D Poll on redefinition proposal
  • 55E Outcome of poll
  • 55F Power to implement redefinition proposal that has majority support
  • 55G Power to redefine fishery with shareholder support

Division 5 - Management plans

Division 6 - Fishing and other shareholding rights

  • 66 Who may fish in share management fisheries
  • 67 Minimum shareholding required to fish
  • 68 Endorsements on licences
  • 69 Nomination of commercial fisher by holder of shares
  • 70 Special endorsements to take fish in share management fishery
  • 71 Transfer and other dealings in shares
  • 71A Issue of further classes of shares in fishery
  • 72 Maximum shareholding permitted
  • 73 Duration of shareholding
    • 73A. (Repealed)
  • 74 Surrender of shares
  • 75 Forfeiture of shares for certain contraventions of Act
  • 75A Payment for fish taken in contravention of quota or forfeiture of shares
  • 75B How forfeited shares are to be dealt with

Division 7 - Management charges and community contributions

Division 8 - (Repealed)

None

Division 9 - Share Management Fisheries Appeal Panel

  • 82 Establishment of Panel
  • 83 Composition and procedure of Panel
  • 84 Making of appeals
  • 85 Hearing and determination of appeals
  • 86 Procedure at appeals
  • 87 Power to summon witnesses and take evidence
  • 88 Power to obtain documents

Division 10 - Share Management Fisheries Register

PART 4 - LICENSING AND OTHER COMMERCIAL FISHERIES MANAGEMENT

Division 1 - Commercial fishing licences

Division 2 - Fishing boat licences

Division 3 - Exploratory, developmental and other restricted fisheries

Division 4 - Fish receivers

  • 117 Fish receiver to be registered
  • 118 Provisions relating to registration
  • 119 Fish receiver to supply information
  • 120 Evidentiary provision

Division 5 - Fish records

Division 5A - Fishing reports

  • 124A Real time reporting
  • 124B False reports

Division 6 - Administrative reviews by Civil and Administrative Tribunal

  • 125 Definition of "relevant authority"
  • 126 Applications to Civil and Administrative Tribunal for administrative reviews of certain decisions

PART 4A - CHARTER FISHING MANAGEMENT

Division 1 - Preliminary

Division 2 - Charter fishing licences

Division 3 - Charter fishing businesses and transfer rules

PART 5 - CO-OPERATION WITH COMMONWEALTH AND OTHER STATES IN FISHERIES MANAGEMENT

Division 1 - Preliminary

Division 2 - Joint Authorities

Division 3 - Arrangements with respect to the management of particular fisheries

  • 135 Arrangement for management of certain fisheries
  • 136 Application of this Act to fisheries in accordance with arrangements
  • 137 Functions of Joint Authority
  • 138 Joint Authority to exercise certain powers instead of Minister
  • 139 Application of certain provisions relating to offences
  • 140 Presumption relating to certain statements
  • 141 Regulations

Division 4 - State agreements

PART 6 - AQUACULTURE MANAGEMENT

Division 1 - Preliminary

Division 2 - Aquaculture permits

  • 144 Aquaculture prohibited except in accordance with a permit
  • 145 Applications for permits
  • 146 Issue or refusal of permit
  • 147 Permit to specify area and type of aquaculture
  • 148 Variation of permits
  • 149 Authority to take fish
  • 150 Inconsistency with lease
  • 151 Duration of permits
  • 152 Conditions of permits
  • 153 Holder of permit to provide information to the Minister
  • 154 Register of permits
  • 155 Change in particulars to be notified
  • 156 Annual contribution to cost of administration or research or to other industry costs
  • 157 Annual contributions to be held in trust accounts
  • 157A Minister may appoint advisory council as committee
  • 158 Overdue contribution
  • 159 Power to cancel or suspend a permit without a hearing
  • 160 Power to cancel or suspend a permit after a hearing
  • 161 Power to declare person to be a disqualified person for the purposes of this Part
  • 162 Permit area to be maintained in tidy condition

Division 3 - Leases of public water land for aquaculture

Division 4 - (Repealed)

None

Division 5 - Miscellaneous provisions

  • 188 Minister may order restoration work to be carried out in relation to illegal operations on aquaculture farm
  • 189 When aquaculture operations can be closed
  • 190 Special provisions relating to oysters on public water or other land
  • 191 Regulations

PART 7 - PROTECTION OF AQUATIC HABITATS

Division 1 - Habitat protection plans

Division 2 - (Repealed)

None

Division 3 - Dredging and reclamation

  • 198 Objects of Division
  • 198A Definitions
  • 198B Application of Division
  • 199 Circumstances in which a public authority (other than local authority) may carry out dredging or reclamation
  • 200 Circumstances in which a local government authority may carry out dredging or reclamation
  • 201 Circumstances in which a person (other than a public or local government authority) may carry out dredging or reclamation
  • 202 Appeal to the Land and Environment Court
  • 203 Minister may order carrying out of certain work

Division 4 - Protection of mangroves and certain other marine vegetation

Division 5 - Protection of spawning of salmon, trout and certain other fish

  • 206 Protection of spawning areas of salmon, trout and certain other fish
  • 207 Prohibition on taking or disturbing salmon, trout and certain other fish while spawning
  • 208 Defence for authorised activities

Division 6 - (Repealed)

None

Division 7 - Protection of fish and marine vegetation from disease

Division 8 - Miscellaneous provisions

  • 218 Fishways to be provided in construction of dams and weirs
  • 219 Passage of fish not to be blocked
  • 220 Provisions relating to permits under this Part
  • 220AA Secretary may make stop work order

PART 7A - THREATENED SPECIES CONSERVATION

Division 1 - Preliminary

Division 2 - Listing of threatened species, populations and ecological communities and key threatening processes

Subdivision 1 - Listing
  • 220C Lists
  • 220D Amendment of lists
  • 220E Identification of nationally threatened species and ecological communities
  • 220F Eligibility for listing of species
  • 220FA Listing of populations
  • 220FB Listing of ecological communities
  • 220FC Threatening processes eligible for listing as key threatening processes
  • 220FD Regulations prescribing criteria under this Part
    • Subdivision 2 - Procedure for listing
  • 220G Fisheries Scientific Committee responsible for lists
  • 220H Who may initiate action for listing
  • 220I How nominations made
  • 220IA Referral of nomination to Threatened Species Scientific Committee
  • 220J Consideration of nomination by Fisheries Scientific Committee
  • 220K Notification and consultation with respect to proposed determination of Fisheries Scientific Committee
  • 220L Fisheries Scientific Committee's final determination
  • 220M Minister's response to proposed final determination
  • 220MA Publication of final determination
  • 220N Provisional listing
  • 220NA Lists to be kept under review
  • 220O Protection measures apart from listing

Division 3 - Critical habitat of endangered species, populations and ecological communities and critically endangered species and ecological communities

  • 220P Habitat eligible to be declared critical habitat
  • 220Q Identification of critical habitat
  • 220R Publication of preliminary identification and consultation with other Ministers
  • 220S Matters to which Minister to have regard in declaring critical habitat
  • 220T Declaration of critical habitat by Minister
  • 220U Amendment or revocation of declaration of critical habitat
  • 220V Public authorities to have regard to critical habitat
  • 220W Maps of critical habitat
  • 220X Minister to keep register of critical habitat
  • 220Y Discretion not to disclose location of critical habitat
  • 220Z Effect of failure to comply with procedural requirements

Division 4 - Offences

  • 220ZA Harming threatened species, populations or ecological communities
  • 220ZB Buying, selling or possessing threatened species
  • 220ZC Damage to critical habitat
  • 220ZD Damage to habitat of threatened species, population or ecological community
  • 220ZE Regulations may prohibit certain actions
  • 220ZF Defences
  • 220ZFA Further defences
  • 220ZFB Defences relating to joint management agreements
  • 220ZG Court may order offender to mitigate damage or restore habitat
  • 220ZGA Community service work

Division 4A - Interfering with fish of threatened species

  • 220ZGB Interfering with fish of threatened species

Division 5 - Recovery plans and threat abatement plans

  • 220ZH Application of Division
  • 220ZI Secretary to prepare recovery plans for threatened species, populations and ecological communities
  • 220ZJ Secretary to prepare threat abatement plans
    • 220ZJA. (Repealed)
  • 220ZK Priorities for recovery or threat abatement plans
    • 220ZL. (Repealed)
  • 220ZM Guidelines for recovery or threat abatement plans
  • 220ZN Contents of recovery or threat abatement plans
  • 220ZO Public and other consultation concerning draft recovery or threat abatement plan
  • 220ZP Approval of recovery or threat abatement plan by Minister
  • 220ZQ Recovery and threat abatement plans to be published
  • 220ZR Review of recovery and threat abatement plans
  • 220ZS Ministers and public authorities to implement recovery and threat abatement plans
  • 220ZT Public authorities to report on implementation of recovery and threat abatement plans
  • 220ZU Notification of, and consultation concerning, proposed departures from recovery or threat abatement plan
  • 220ZV Reference of matters concerning departures to Ministers and Premier for settlement

Division 5A - Threatened Species Priorities Action Statements

  • 220ZVA What the Statement provides for
  • 220ZVB Secretary to prepare and adopt Priorities Action Statement
  • 220ZVC Public consultation on draft statement or amendments
  • 220ZVD Consideration of submissions by Secretary
  • 220ZVE Review to include report on achievements

Division 6 - Licensing and Ministerial orders

Subdivision 1 - Grant of licences
  • 220ZW Licence to harm threatened species, population or ecological community or damage habitat
  • 220ZX Application for licence
  • 220ZY Payment of licence processing fee
  • 220ZZ Significant effect on threatened species, populations or ecological communities, or their habitats
  • 220ZZA Assessment guidelines
  • 221 Publication of licence application
  • 221A Matters that Secretary must take into account
  • 221B Determination of licence application
  • 221C Deemed approval
  • 221D Conditions and restrictions to licence
  • 221E Proposed variation of licence to be publicly notified
  • 221F Notification of licence determination
  • 221G Cancellation of licence
  • 221H Secretary to keep register of licences
  • 221I Appeal by applicant or person commenting on licence application
    • Subdivision 1A - Ministerial orders
  • 221IA Ministerial order to permit harm to threatened species etc
  • 221IB Minor amendments
  • 221IC Species impact statement
  • 221ID Public consultation
  • 221IE Matters that Minister must take into account
  • 221IF Making an order
  • 221IG Interim orders
  • 221IH Secretary to keep register of orders
  • 221II Revocation of an order
  • 221IJ Breaching conditions or restrictions
    • 221IK. (Repealed) Subdivision 2 - Species impact statements
  • 221J Form of species impact statements
  • 221K Content of species impact statement
  • 221L Secretary's requirements
  • 221M Regulations
  • 221N Secretary may accredit persons to prepare assessments of species impact statements
  • 221NA Regulations

Division 7 - Stop work orders

  • 221O Secretary may make stop work order
  • 221P Prior notification of making of stop work order not required
  • 221Q Appeal to Minister
  • 221R Extension of stop work order
  • 221S Consultation about modification of proposed detrimental action
  • 221T Recommendations for further protective measures
  • 221U Stop work order prevails over other instruments

Division 8 - Joint management agreements

  • 221V Joint management agreements
  • 221W Contents of joint management agreements
  • 221X Publication of draft joint management agreement
  • 221Y Role of Fisheries Scientific Committee
  • 221Z Consideration of submissions by Minister

Division 9 - Fisheries Scientific Committee

Division 12 - Application of Planning Act

  • 221ZT Application of Division
  • 221ZU Definitions
  • 221ZV Determination of whether proposed development or activity likely to significantly affect threatened species, population or ecological community
  • 221ZW When species impact statement required for development consent under Part 4 of Planning Act
  • 221ZX Significant effect on environment requiring EIS includes significant effect on threatened species, populations and ecological communities for purposes of Part 5 of Planning Act
  • 221ZY Consultation with Minister for Primary Industries if a Minister is consent authority under Part 4 or determining authority under Part 5 of Planning Act
  • 221ZZ Concurrence of or consultation with Fisheries Agency Head if a Minister is not consent authority under Part 4 or determining authority under Part 5 of Planning Act
  • 221ZZA Regulations relating to amendments of threatened species etc lists

PART 8 - ADMINISTRATION

Division 1 - The Minister and Secretary

  • 222A Minister and Secretary to administer Act in accordance with its objects
  • 222B Fisheries Administration Ministerial Corporation
  • 223 Minister may acquire land
  • 224 Acquisition of land for purposes of a future lease grant
  • 225 Minister may carry out or assist research
  • 226 Minister may accept gifts etc
  • 227 Delegation by Minister
  • 228 Delegation by Secretary

Division 1A - (Repealed)

None

Division 2 - Advisory bodies

Division 3 - Special fisheries trust funds

PART 9 - ENFORCEMENT

Division 1 - Preliminary

Division 2 - Appointment of fisheries officers

Division 3 - Powers of entry, search etc of fisheries officers

  • 248 Power to board and search boats
  • 249 Power to require gear to be removed from water
  • 250 Power to enter and search premises
  • 251 Power to detain and search vehicles
  • 252 Entry into waters, and along banks etc
  • 253 Entry into and examination of aquaculture farms
  • 254 Entry into residential premises
  • 255 Power to examine fishing gear or other equipment
  • 255A Other power to search for or examine things
  • 256 Production of records relating to commercial fishing activities and fish receivers
  • 257 Power to require production of fishing authority
  • 258 Power to require information
  • 258A Special power to require information--Parts 7 and 7A
  • 258B Provisions relating to requirements to provide information or answer questions
    • 259. (Repealed)
  • 260 Issue of search warrants
  • 261 Hot pursuit
  • 262 Power of arrest
  • 263 Care to be taken

Division 4 - Seizure

Division 4A - Compliance audits

  • 275A Application of Division
  • 275B Nature of compliance audit
  • 275C Accreditation and regulation of compliance auditors
  • 275D Minister may require compliance audits by imposition of conditions on fishing authority
  • 275E Provisions relating to conditions for compliance audits
  • 275F Certification of audit report
  • 275G Offences
  • 275H Self-incriminatory information not exempt
  • 275I Use of information

Division 4B - Scientific observer program

  • 275J Definitions
  • 275K Scientific observer program
  • 275L Appointment of scientific observers by Minister
  • 275M Authority to observe relevant fishing activities
  • 275N Power conferred by observation authority
  • 275O Ancillary powers
  • 275P Scientific observer to exercise care
  • 275Q Production of instruments of authority
  • 275R Failure to comply with requirement of scientific observer
  • 275S Information provided to scientific observer is protected
  • 275T Obstructing, impersonating etc scientific observers

Division 5 - Criminal proceedings

  • 276 Penalty notices
  • 277 Nature of proceedings for offences
  • 278 Time within which proceedings may be commenced
  • 279 Offences by corporations
  • 279A Duty of master of boat to prevent contraventions of Act
  • 280 Evidence relating to fishing authorities
  • 281 Proof of lawful or reasonable excuse
  • 281A Record to be kept of instruments published on website

Division 6 - Civil enforcement

Division 7 - Prohibition orders

  • 282B Definitions
  • 282C Prohibition orders may be made against repeat offenders
  • 282D Provisions relating to making of prohibition order
  • 282E Duration, variation and revocation of prohibition order
  • 282F Appeal
  • 282G Offence of contravening order

Division 8 - Restoration orders and other actions

  • 282H Definitions
  • 282I Power of Minister to make restoration order
  • 282J Power of court to make restoration order
  • 282K Community service work in respect of serious fisheries offences

PART 10 - MISCELLANEOUS

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