1 Name of Regulation
2 Commencement
3 Definitions
4 Notes
5 The management plan for a fishery prevails over this Regulation
Part 2 Protected fish, prohibited size fish and bag limits
6 Protected fish
7 Fish protected from commercial fishing
8 Defence—striped marlin
Division 2 Prohibited size fish
9 Prohibited size fish
10 Defence—taking of mullet for bait
11 Bag limits—taking of fish
12 Bag limits—possession of fish
13 General bag limit
14 Application of bag limits and possession limits to commercial fishers
15 Possession limits do not apply to persons in possession of fish for sale
Table Bag limits
Division 4 Special provisions relating to scallops
16 Definitions
17 Scallops taken by means of a dredge must be placed in approved sack or crate
18 Bag limits—scallops taken by means of a dredge
Division 1 Lawful use of fishing gear generally
Note
19 Fishing gear cannot be used in circumstances where fishing prohibited
20 Lawful use of fishing gear in restricted fisheries
21 Use of nets and traps prohibited in certain waters (Brisbane Waters, Port Hacking etc)
22 Registration of fishing gear
23 Applications for registration
24 Registration
Division 3 Lawful commercial nets
25 Application of Division
26 Hauling net (general purpose)
27 Trumpeter whiting net (hauling)
28 Garfish net (bullringing)
29 Garfish net (hauling)
30 Pilchard, anchovy and bait net (hauling)
31 Purse seine net
32 Prawn net (hauling)
33 Prawn net (hauling): Manning River
34 Prawn net (hauling): Wallis Lake
35 Prawn net (set pocket)
36 Prawn running net
37 Seine net (prawns)
38 Otter trawl net (prawns)
39 Otter trawl net (fish)
40 Danish seine trawl net (fish)
41 Meshing net
42 Beach safety meshing net
43 Flathead net
44 Bait net
45 Submersible lift net (bait)
Division 4 Lawful recreational nets
46 Application of Division
47 Spanner crab net
48 Hoop or lift net
49 Hand-hauled prawn net
50 Push or scissors net (prawns)
51 Dip or scoop net (prawns)
52 Hand-hauled yabby net
53 Landing net
Division 5 General provisions relating to lawful use of nets
54 Relaying of hauling lines prohibited
55 Joining of nets
56 Illegally reducing mesh size of nets
57 Monofilament and certain multi-strand nets prohibited
58 Method of dragging or drawing nets
Note
59 Fish trap
60 Lobster trap
61 Crab trap
62 Bait trap
63 Yabby trap
64 Shrimp trap
65 Eel trap
66 Set lines and hand held lines
67 Leaving hand held line unattended
68 Drift lines
69 Identification of set fishing gear
70 Scuba diving
71 Spear guns
72 Firearms
73 Taking of rock lobster
74 Taking of yabby, worms, pipis etc
75 Taking of shellfish by means of a dredge or similar device
76 Jagging or foul hooking of fish
77 Taking of Atlantic salmon or trout
78 Taking of groper
79 Restrictions on the sale of commercial nets
Part 4 Priorities in the use of fishing gear
80 Offence of fishing contrary to rights of priority
81 Commercial fishers must use fishing gear in accordance with this Part
82 Rights of priority between fishers on recognised fishing grounds
Division 3 Rights of priority between commercial fishers in the use of nets generally
83 Priority between commercial fishers using nets in inland waters
84 Priority between commercial fishers using nets in waters other than inland waters
85 Minimum crew number for hauling to sea beaches
86 Division does not apply where rights of priority otherwise determined
Division 4 Rights of priority between commercial fishers using prawn nets (set pocket)
87 General
88 Preliminary determination by local fisheries officer
89 Fishers to give notice of intention to use prawn nets
90 Special provisions relating to Myall River
91 Notice of priority determination
92 Local fisheries officer to make priority determination
93 Manner of determining rights of priority—Myall River
94 Manner of determining rights of priority—Clarence River
95 Manner of determining rights of priority—other waters
96 Manner of making priority determination—general
97 Notice of result of priority determination
98 General conditions of use of prawn net following priority determination
99 Prawn nets to be operated only by commercial fisher or crew
Division 5 Rights of priority between fishers using prawn running nets
100 General
101 Preliminary determination by local fisheries officer
102 Priority between fishers using prawn running nets
103 General conditions relating to use of prawn running net following priority determination
104 This Part does not affect the conditions relating to lawful use of a net (Part 3)
105 Exemption from requirement to be personally present
Part 5 Miscellaneous provisions relating to fisheries management
Division 1 Recognised fishing grounds
106 Identification of recognised fishing grounds
Division 2 Interference with fishing activities and set fishing gear
107 Interference with fishing activities
108 Interference with set fishing gear
109 Lawful interference with set fishing gear
110 Wilfully disturbing fish
111 Interference with commercial fisher using line
Division 3 Use of explosives, electrical devices and other dangerous substances
112 Dynamite and explosive substances
113 Permit to use explosives
114 Use of electrical devices prohibited in all waters
115 Permit to use electrical devices
Division 4 Measurement of fishing gear
116 Measuring length and mesh size of nets
Division 5 Recreational fishing fee
117 Definition
118 Exempt bodies of water
119 Exempt fishers
120 Reductions in fishing fee for fishing in far north
121 Issue of replacement receipts
122 Additional classes of persons to whom fishing fee exemption certificates may be issued
123 Fishing fee exemption certificates: period for which in force
124 Fishing fee exemption certificates: fees
125 Amendment and cancellation of exemption certificates
Division 6 Acquisition of commercial fishing entitlements
126 Constitution of compensation review panel
127 Prohibited lures and baits
128 Taking of octopus from rock platforms
129 Shucking of intertidal invertebrates
130 Shucking of abalone
131 Mutilation of fish
132 Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova
133 Sorting charge for fish
Part 6 Commercial share management fisheries
134 Persons prohibited from holding shares (section 49 (2) of the Act)
135 Determination of catch history
136 Nomination of commercial fisher by shareholder
137 Special endorsements to take fish in share management fishery
138 Transfers and other dealings in shares—general
139 Forfeiture of shares for failure to pay certain contributions
140 Making of appeals to Share Appeal Panel (section 84 of the Act)
141 Fee for registration of dealings in shares
142 Fee for inspection of Share Register and registered documents
Part 7 Licensing and other commercial fisheries management
Division 1 Commercial fishing licences
143 Who may hold commercial fishing licence
144 Fee to accompany application for commercial fishing licence
145 Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant
146 Prescribed conditions of commercial fishing licence
147 Renewal of commercial fishing licence
148 Grounds for suspension or cancellation of a licence
149 Classes of commercial fishing licences
150 Annual contribution to cost of research and to other industry costs
151 Fee to accompany application for issue of fishing boat licence
152 Grounds for refusal to issue fishing boat licence
153 Prescribed conditions of fishing boat licences
154 Renewal of fishing boat licence
155 Additional licence fee for boats authorised to prawn trawl in ocean prawn trawl restricted fishery
156 Grounds for suspension or cancellation of a fishing boat licence
157 Licence may be placed in abeyance during period boat cannot be used
158 Transfer of right to a fishing boat licence
159 Boats taken to be licensed under the Act
160 Only licensed boats may be marked “LFB”
Division 3 Provisions relating to crew members
161 Fee to accompany application for registration
162 Eligibility for registration as a crew member
163 Period of registration
164 Application for authority to use unregistered crew members
165 Records to be kept about crew members
166 Records to be kept by registered crew members
167 False and misleading information in records
Division 1 Sea urchin and turban shell
168 Definitions
169 Sea urchin and turban shell are a restricted fishery
170 Types of endorsement in restricted fishery
171 Eligibility for endorsements
172 Public tender for issue of further endorsements
173 Nominated fishers
174 Endorsement of commercial fishing licences
175 Duration of endorsement
176 Application for endorsement for further period
177 Endorsement fee
178 Suspension and cancellation of endorsements
179 Total allowable catch
180 Quotas for sea urchin and turban shell
181 Transfer of quota
182 Special licence conditions for licence holders who nominate fishers
Division 2 Ocean prawn trawl restricted fishery
183 Definitions
184 Ocean prawn trawl fishery is a restricted fishery
185 Types of endorsement in restricted fishery
186 Eligibility for endorsement
187 Application for endorsement
188 Duration of endorsement
189 Application for endorsement for further period
190 Cancellation and suspension of endorsements
Division 3 Ocean fish trawl restricted fishery
191 Definitions
192 Ocean fish trawl fishery is a restricted fishery
193 Types of endorsement in restricted fishery
194 Eligibility for endorsement
195 Application for endorsement
196 Duration of endorsement
197 Application for endorsement for further period
198 Cancellation and suspension of endorsements
Division 4 Ocean trap and line restricted fishery
199 Definitions
200 Ocean trap and line fishery is a restricted fishery
201 Types of endorsement in restricted fishery
202 Eligibility for endorsement
203 Application for endorsement
204 Duration of endorsement
205 Application for endorsement for further period
206 Cancellation and suspension of endorsements
Division 5 Estuary general restricted fishery
207 Definitions
208 Estuary general fishery is a restricted fishery
209 Types of endorsement in restricted fishery
210 Eligibility for endorsement
211 Application for endorsement
212 Duration of endorsement
213 Application for endorsement for further period
214 Cancellation and suspension of endorsements
Division 6 Estuary prawn trawl restricted fishery
215 Definitions
216 Estuary prawn trawl fishery is a restricted fishery
217 Eligibility for endorsement
218 Application for endorsement
219 Duration of endorsement
220 Application for endorsement for further period
221 Cancellation and suspension of endorsements
Division 7 Scallops in Jervis Bay
222 Definitions
223 Application of Division
224 Maximum number of commercial fishing licences that may be endorsed
225 Ballot for issue of new endorsements
226 Fee for new endorsements
227 Duration of endorsement
228 Cancellation and suspension of endorsements
Division 8 Inland restricted fishery
229 Definitions
230 Inland fishery is a restricted fishery
231 Types of endorsement in restricted fishery
232 Eligibility for endorsement
233 Ballot or tender for issue of further endorsements
234 Class D endorsement—special grounds for eligibility
235 General restrictions on eligibility
236 Endorsement
237 Endorsement of licence for further period
238 Endorsement fees
239 Duration of endorsement
240 Cancellation and suspension of endorsements
241 Transfer of class A and class B endorsements
242 Transfer fee
243 Endorsement holders must not take or possess native finfish
244 Definitions
245 Application of Division
246 Maximum number of commercial fishing licences that may be endorsed
247 Total allowable catch for jellyfish
248 Endorsing of licences
249 Grounds for refusal to endorse licence
250 Fee for endorsements
251 Duration of endorsement
252 Cancellation and suspension of endorsements
253 Application for endorsement of licence for a further period
254 Quota for jellyfish
Division 10 Ocean hauling fishery
255 Definitions
256 Ocean hauling fishery is a restricted fishery
257 Types of endorsement in restricted fishery
258 Application for endorsement
259 Eligibility for an endorsement
260 Duration of endorsement
261 Type of hauling net that may be used (class A endorsement)
262 Region in which hauling nets may be used (class A endorsement)
263 Class B endorsement holder may only assist class A endorsement holder
264 Identity card
265 Code of conduct
266 Holder of class A, C or D endorsement unable to take fish
267 Application for endorsement of licence for further period
268 Cancellation and suspension of endorsements
Division 11 Special classes of endorsement
269 Definitions
270 Skipper’s endorsement
271 Conditional skipper’s endorsement
272 Training endorsement
273 Application for special endorsement
274 Duration of special endorsement
275 Cancellation and suspension of special endorsements
Division 12 Entitlements of fishing business owners
Note
276 Eligibility for an endorsement (owners of fishing businesses)
277 Effect of sale or disposal of fishing business on eligibility
278 Manner of attaching conditions to endorsements
279 Cancellation of endorsement with consent of licence holder
280 Endorsements do not authorise unlawful use of fishing gear
Part 9 Fish receivers and fish records
281 Definition
282 Registration not required in certain cases
283 Registration requirements do not apply in respect of certain fish
284 Classes of registered fish receiver
285 Fee to accompany application for registration as fish receiver
286 Grounds for refusing application for registration
287 Renewal of registration
288 Cancellation or suspension of registration
289 Fish consignments by registered fish receivers to be labelled
290 Prescribed period for furnishing catch records to Director
291 Records of sale and possession of fish—prescribed quantity
292 Information to be included in records of sale and possession of fish
293 Records and monthly reports by registered fish receivers
Part 10 Charter fishing management
294 Object
295 Definitions
296 Guided recreational charter fishing—meaning
297 Marine and estuarine charter fishing sector—meaning
298 What boats must be licensed?
299 Annual licence fee
300 Classes of licence
301 Eligibility criteria—transferable licence
302 Eligibility criteria—non-transferable licence
303 Entitlement to claim a history of operations
304 Limitation on eligibility
305 Transfer of entitlement to history of operations
306 Boat replacement
307 Refusal of licence
308 Renewal of licence
309 Cancellation or suspension of licence
310 Conditions of licence—authorised activities
311 Other conditions of licences
312 Records of catch
Note
313 Application for review by third party
314 Establishment of panel to review decision
315 Conduct of review
316 Procedure to be followed by panel
317 Action by Minister following review
318 Advisory Committee
319 Chairperson and deputy chairperson of Advisory Committee
320 Functions of Advisory Committee
321 Deputies of members
322 Terms of office
323 Allowance for members
324 Vacancy in office of member
325 Filling of vacancy in office of member
326 General procedure for calling and holding meetings
327 Transaction of business outside meetings or by telephone
328 Quorum
329 Decisions
Division 5 Election of industry members of Advisory Committee
330 Regions for which members are to be elected
331 Qualifications for election
332 General restrictions on election
333 Voting entitlements
334 Election procedure
335 Exemption for Lord Howe Island residents
336 False or misleading information
Part 11 Protection of aquatic habitats
337 Application for permit under Part 7
338 Marine vegetation—regulation of harm (section 205 of the Act)
339 Fee for permit to harm marine vegetation (section 205 of the Act)
340 Noxious fish and vegetation (section 209 of the Act)
341 Seal of the Director
Division 2 Fisheries Resource Conservation and Assessment Council
342 Definitions
343 Government representatives
344 Other representatives
345 Members and procedure of Council
346 Transaction of business outside meetings or by telephone
Division 3 Establishment, composition and functions of ministerial advisory councils
347 Definitions
348 Establishment of advisory councils
349 Advisory Council on Commercial Fishing
350 Advisory Council on Recreational Fishing
351 Advisory Council on Fisheries Conservation
352 Advisory Council on Aquaculture
353 Appointment of nominees
Division 4 Provisions relating to members and procedure of advisory councils
354 Definitions
355 Terms of office
356 Allowances for members
357 Deputies
358 Vacancy in office of member
359 Removal of member from office by Minister
360 Filling of vacancy in office of member
361 Chairperson and deputy chairperson of advisory council
362 General procedure for calling and holding meetings of advisory council
363 Transaction of business outside meetings or by telephone
364 Quorum
365 Voting
366 Disclosure of pecuniary interests
367 Functions of members
Division 5 Composition of Management Advisory Committees and qualifications for election
368 Definitions
369 Composition of MAC
370 Qualifications for election to a MAC
371 General restrictions on election to a MAC
372 Qualifications to vote
373 Qualifications of owners of fishing businesses that operate in restricted fisheries
Division 6 Procedure for election of industry members of Management Advisory Committees
374 Definitions
375 Notice that election is required
376 Notification of election
377 Postponement of closing dates
378 Nomination of candidates
379 Withdrawal of nomination
380 Exhibition of roll
381 Application for enrolment by person not already enrolled
382 Uncontested election—share management fishery
383 Uncontested elections—restricted fisheries
384 Up-dating of roll
385 Printing of ballot-papers
386 Distribution of ballot-papers
387 Duplicate ballot-papers
388 Recording of votes
389 Receipt of ballot-papers
390 Ascertaining result of ballot
391 Scrutineers
392 Scrutiny of votes
393 Counting of votes
394 Notification of result of election
395 Decisions of returning officer final
396 Offence
397 Death of a candidate
Division 7 Provisions relating to members and procedure of Management Advisory Committees
398 Definitions
399 Non-elected members
400 Non-elected members—inland restricted fishery
401 Appointment of Nature Conservation Council representatives
402 Deputies of members
403 Terms of office
404 Allowances for members
405 Vacancy in office of a member
406 Filling of vacancy in office of member
407 General procedure for calling and holding meetings of a MAC
408 Transaction of business outside meetings or by telephone
409 Quorum
410 Voting
411 Class of persons that may be appointed as fisheries officers
412 Forfeiture offences
Division 3 Criminal proceedings
413 Penalty notices
414 Evidence in relation to fishing authorities
415 Payment by instalments
Part 14 Savings and transitional
416 Offences under 1935 Act
417 Savings provision concerning repealed regulation
418 Restricted fisheries—continuation of existing restricted fisheries
419 Committees, Councils and Panels
420 Refund in respect of review request
421 Interim licence
Schedule 2 Waters in which net and trap fishing are prohibited
Schedule 3 Waters in which use of prawn net (set pocket) is permitted
Schedule 4 Waters in which spearfishing is prohibited