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FISHERIES AMENDMENT BILL 2006

         Queensland



Fisheries Amendment
Bill 2006

 


 

 

Queensland Fisheries Amendment Bill 2006 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 3 (Main purpose of Act). . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 3A (How purpose is to be primarily achieved). . 7 7 Amendment of s 5 (Meaning of fish) . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 20 (Chief executive's functions). . . . . . . . . . . . . 7 9 Amendment of s 20A (Powers). . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 21 (Chief executive may delegate) . . . . . . . . . . 8 11 Omission of s 33 (Procedure to make management plan) . . . . . . 9 12 Replacement of s 37 (Management plan may declare closed season, closed waters etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 37 Management plan may make declaration regulating particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 38A (Management plan to protect things that are not fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Omission of s 39 (Amendment of management plan) . . . . . . . . . 10 15 Omission of s 40 (Compensation not payable on making, amendment or repeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 1A When compensation is payable because of a regulation or management plan Subdivision 1 Right to compensation in particular circumstances 42A Right to compensation . . . . . . . . . . . . . . . . . . . . . . . . 11 42B Limits to compensation payable . . . . . . . . . . . . . . . . . 12 42C No general right to compensation because of amendment .......................... 12

 


 

2 Fisheries Amendment Bill 2006 Subdivision 2 Claiming and payment of compensation 42D Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 13 42E Time limit on making claim . . . . . . . . . . . . . . . . . . . . . 13 42F Requirements for making claim . . . . . . . . . . . . . . . . . 13 42G Chief executive may require further information . . . . . 13 42H Deciding claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 42I Chief executive may obtain other information. . . . . . . 15 42J Amount of compensation that may be decided . . . . . 15 42K Restriction on payment if someone other than the claimant has a registered interest in the eligible authority ............................. 16 17 Replacement of pt 5, div 2, hdg (Fisheries declarations) . . . . . . . 17 18 Replacement of s 43 (Declaration of closed season, closed waters etc.) .................................... 17 19 Amendment of s 45 (Fisheries declaration is subordinate legislation) .................................... 17 20 Amendment of s 45A (Declaration to protect things that are not fish) .......................................... 18 21 Amendment of s 46 (Emergency fisheries declarations) . . . . . . . 18 22 Amendment of s 48 (Regulation may make provision about fisheries declaration matters etc.) . . . . . . . . . . . . . . . . . . . . . . . . 18 23 Amendment of s 53 (Form, content and term of authorities) . . . . 19 24 Replacement of s 65A (Application to register transfer of authority) ..................................... 19 65A Application to register transfer of authority . . . . . . . . . 19 25 Insertion of new s 65BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 65BA Internet system for transfer registration applications . 20 26 Amendment of s 65C (Temporary transfers) . . . . . . . . . . . . . . . . 21 27 Amendment of s 65D (Effect of temporary transfer). . . . . . . . . . . 21 28 Insertion of new s 68AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 68AB Suspension or cancellation for non-payment of fee other than because of dishonoured cheque . . . . . . . . 21 29 Amendment of s 69A (Effect of suspension on issue or transfer of another authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30 Insertion of new s 69B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 69B Further fees continue to be payable for suspended authority ............................. 23 31 Replacement of s 77 (Closed season and closed waters offences) ...................................... 23 77 Contravention of particular fisheries declarations . . . 24

 


 

3 Fisheries Amendment Bill 2006 77A Exemptions for contravention of regulated fishing apparatus declaration . . . . . . . . . . . . . . . . . . . . . . . . . 24 32 Amendment of s 78 (Prohibited acts about regulated fish) . . . . . 25 33 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 79A Contravening a condition of an authority . . . . . . . . . . 25 34 Omission of s 80 (Fish not to be taken in prohibited way) . . . . . . 25 35 Amendment of s 81 (Use of explosives etc. prohibited) . . . . . . . . 25 36 Omission of ss 84 to 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 37 Amendment of s 94 (Chief executive may declare diseases) . . . . 26 38 Replacement of s 118 (Statistical returns to be kept). . . . . . . . . . 26 118 Information requirements . . . . . . . . . . . . . . . . . . . . . . 26 39 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 132A Variation of Commonwealth-State arrangements . . . 28 40 Amendment of s 160 (Seized fisheries resources become property of State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 41 Insertion of new s 160A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 160A Chief executive's power to sell particular live seized fish ................................. 29 42 Amendment of s 163 (Obligation to pay net proceeds of sale of fisheries resources) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 43 Amendment of s 196 (Appeals to tribunal) . . . . . . . . . . . . . . . . . . 29 44 Omission of s 238 (Amendment of management plan) . . . . . . . . 30 45 Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 5 Transitional provisions for Fisheries Amendment Act 2006 254 Existing contracts to provide services relating to sharks ............................... 30 255 Existing general fisheries permits relating to sharks . 30 256 Activities carried out under existing contracts relating to sharks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 46 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 32 Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

 


 

 

2006 A Bill for An Act to amend the Fisheries Act 1994

 


 

s1 6 s5 Fisheries Amendment Bill 2006 The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Fisheries Amendment Act 2006. 3 Clause 2 Commencement 4 The following commence on a day to be fixed by 5 proclamation-- 6 (a) sections 12, 13, 18 to 22, 31, 33, 34, 36 and 38; 7 (b) section 46(1) to the extent it omits the definitions closed 8 season declaration and closed waters declaration; 9 (c) section 46(2) to the extent it inserts the definitions 10 emergency fisheries declaration, fisheries declaration, 11 regulated fish declaration, regulated fishing apparatus 12 declaration, regulated fishing method declaration and 13 regulated waters declaration. 14 Clause 3 Act amended 15 This Act amends the Fisheries Act 1994. 16 Clause 4 Amendment of long title 17 Long title, `and the management of aquaculture activities'-- 18 omit, insert-- 19 `, the management of aquaculture activities and helping to 20 prevent shark attacks' 21 Clause 5 Amendment of s 3 (Main purpose of Act) 22 (1) Section 3, heading-- 23 omit, insert-- 24 `3 Particular purposes of Act'. 25 (2) Section 3(3)-- 26

 


 

s6 7 s8 Fisheries Amendment Bill 2006 renumber as section 3(5). 1 (3) Section 3-- 2 insert-- 3 `(3) Despite the main purpose of this Act, a further purpose of this 4 Act is to reduce the possibility of shark attacks on humans in 5 coastal waters of the State adjacent to coastal beaches used for 6 bathing. 7 `(4) Subsections (1) and (3) do not limit the purposes of this Act.'. 8 Clause 6 Amendment of s 3A (How purpose is to be primarily 9 achieved) 10 (1) Section 3A, heading-- 11 omit, insert-- 12 `3A How particular purposes are to be primarily achieved'. 13 (2) Section 3A-- 14 insert-- 15 `(2) The further purpose of this Act under section 3(3) is to be 16 primarily achieved by the chief executive establishing and 17 managing a program for particular coastal waters of the State 18 adjacent to coastal beaches used for bathing. 19 `(3) The program is the shark control program.'. 20 Clause 7 Amendment of s 5 (Meaning of fish) 21 (1) Section 5(3)(c)-- 22 renumber as section 5(3)(d). 23 (2) Section 5(3)-- 24 insert-- 25 `(c) pests under the Pest Management Act 2001; or'. 26 Clause 8 Amendment of s 20 (Chief executive's functions) 27 (1) Section 20(1A) and (2)-- 28 renumber as section 20(2) and (5). 29

 


 

s9 8 s 10 Fisheries Amendment Bill 2006 (2) Section 20(2)(d) to (i), as renumbered-- 1 renumber as section 20(2)(e) to (j). 2 (3) Section 20(2), as renumbered-- 3 insert-- 4 `(d) the establishment and management of the shark control 5 program in circumstances where the chief executive 6 considers the program is necessary or desirable; and'. 7 (4) Section 20(2)(j), as renumbered, `this or another Act'-- 8 omit, insert-- 9 `an Act'. 10 (5) Section 20-- 11 insert-- 12 `(3) The shark control program may be established or maintained 13 despite the main purpose of this Act under section 3(1). 14 `(4) To remove any doubt, it is declared that it is not a function of 15 the chief executive to establish or manage the shark control 16 program other than to the extent mentioned in subsection 17 (2)(d).'. 18 Clause 9 Amendment of s 20A (Powers) 19 (1) Section 20A(1)(a)-- 20 insert-- 21 22 `Example-- 23 contracts to establish or manage the shark control program'. (2) Section 20A(2), `this or another Act'-- 24 omit, insert-- 25 `an Act'. 26 Clause 10 Amendment of s 21 (Chief executive may delegate) 27 (1) Section 21(1), `powers'-- 28 omit, insert-- 29

 


 

s 11 9 s 12 Fisheries Amendment Bill 2006 `functions'. 1 (2) Section 21(2), `power'-- 2 omit, insert-- 3 `function'. 4 (3) Section 21-- 5 insert-- 6 `(4) In this section-- 7 functions includes powers.'. 8 Clause 11 Omission of s 33 (Procedure to make management plan) 9 Section 33-- 10 omit. 11 Clause 12 Replacement of s 37 (Management plan may declare 12 closed season, closed waters etc.) 13 Section 37-- 14 omit, insert-- 15 `37 Management plan may make declaration regulating 16 particular matters 17 `(1) Without limiting section 36, a management plan may make 18 the declarations mentioned in this section (each a fisheries 19 declaration). 20 `(2) A fisheries declaration (a regulated fish declaration) may 21 regulate the taking, purchase, sale, possession or use of 22 particular fish. 23 24 Examples of matters that may be regulated under a regulated fish 25 declaration-- 26 1 A limit may be placed on the size or number of a species or type of 27 fish that may be taken, purchased, sold, used or possessed. 28 2 The taking, possessing or selling of fish of a particular species or 29 type may be prohibited. 30 3 The fish may be regulated by way of fillet size or other form in 31 which they may be possessed after they are taken.

 


 

s 13 10 s 16 Fisheries Amendment Bill 2006 `(3) A fisheries declaration (a regulated fishing apparatus 1 declaration) may regulate the purchase, sale, possession or 2 use of particular fishing apparatus. 3 `(4) A fisheries declaration (a regulated fishing method 4 declaration) may regulate how fish may be taken. 5 `(5) A fisheries declaration (a regulated waters declaration) may 6 regulate all or any of the following in particular waters-- 7 (a) the taking or possessing of fish; 8 (b) engaging in stated activities; 9 (c) using or possessing a boat, aquaculture furniture, fishing 10 apparatus or anything else. 11 `(6) However, a regulated waters declaration does not apply to an 12 activity authorised by a development approval unless the 13 declaration expressly states that it applies to the activity.'. 14 Clause 13 Amendment of s 38A (Management plan to protect things 15 that are not fish) 16 Section 38A, `A management plan may be made'-- 17 omit, insert-- 18 `A management plan, including a fisheries declaration 19 included in the management plan, may be made'. 20 Clause 14 Omission of s 39 (Amendment of management plan) 21 Section 39-- 22 omit. 23 Clause 15 Omission of s 40 (Compensation not payable on making, 24 amendment or repeal) 25 Section 40-- 26 omit. 27 Clause 16 Insertion of new pt 5, div 1A 28 After section 42-- 29

 


 

s 16 11 s 16 Fisheries Amendment Bill 2006 insert-- 1 `Division 1A When compensation is payable 2 because of a regulation or 3 management plan 4 `Subdivision 1 Right to compensation in particular 5 circumstances 6 `42A Right to compensation 7 `(1) This section applies to a person if-- 8 (a) the person is, other than because of a temporary transfer, 9 the holder of an authority (the eligible authority) that-- 10 (i) is a licence or quota; and 11 (ii) authorises the taking of fish for trade or commerce 12 in a fishery described under a regulation or 13 management plan as a commercial fishery; and 14 (b) a regulation or management plan is amended after the 15 commencement of this section (the relevant 16 amendment); and 17 (c) because of the relevant amendment, an entitlement to 18 take fisheries resources that the person had under the 19 eligible authority immediately before the relevant 20 amendment is lost or reduced. 21 `(2) Subject to sections 42B and 42K,1 the person is entitled to be 22 paid compensation by the State for the value of the loss or 23 reduction. 24 `(3) However, the compensation is only payable if, under 25 subdivision 2, a claim for the compensation has been made 26 and the chief executive has decided to grant the claim. 27 1 Section 42K (Restriction on payment if someone other than the claimant has a registered interest in the eligible authority)

 


 

s 16 12 s 16 Fisheries Amendment Bill 2006 `42B Limits to compensation payable 1 `(1) The entitlement under section 42A arises only if the cause, or 2 one of the causes, of the loss or reduction was-- 3 (a) a reallocation, under the relevant amendment, of the 4 entitlement to take fisheries resources to persons who do 5 not hold an authority to which section 42A applies; or 6 (b) a restriction or prohibition, under the relevant 7 amendment, of the exercise of the entitlement in an area, 8 if the purpose of the restriction or prohibition was to 9 protect a thing that is not fish. 10 `(2) Compensation is not payable for the loss or reduction if-- 11 (a) compensation under section 42A has already been paid 12 for the loss or reduction to a previous or another holder 13 of the eligible authority; or 14 (b) compensation is payable for a similar loss or reduction 15 of an entitlement under another Act or law of the State, 16 another State or the Commonwealth. 17 `42C No general right to compensation because of 18 amendment 19 `(1) To remove any doubt, it is declared that, other than as 20 provided for under section 42A, no one has an entitlement 21 under or in relation to this Act to claim or to be paid an 22 amount from the State for or in connection with-- 23 (a) the making, amendment or repeal of a regulation or 24 management plan; or 25 (b) something previously permitted under a regulation or 26 management plan becoming prohibited or regulated 27 because of an amendment to the regulation or plan. 28 `(2) Subsection (1) applies whether the amount is claimed as 29 compensation, reimbursement or otherwise. 30

 


 

s 16 13 s 16 Fisheries Amendment Bill 2006 `Subdivision 2 Claiming and payment of 1 compensation 2 `42D Application of sdiv 2 3 `This subdivision applies for a claim for compensation under 4 section 42A. 5 `42E Time limit on making claim 6 `The claim must be made within 6 months after the day the 7 relevant amendment commences. 8 `42F Requirements for making claim 9 `The claim must-- 10 (a) be made in writing to the chief executive; and 11 (b) be signed by all holders of the eligible authority; and 12 (c) state each of the following-- 13 (i) the entitlement to take fisheries resources the 14 subject of the claim; 15 (ii) the ground under section 42B(1) on which the 16 claim is made; 17 (iii) the amount of the compensation claimed; 18 (iv) how the claimant has worked out the amount. 19 `42G Chief executive may require further information 20 `(1) The chief executive may, by written notice to the claimant, 21 require the claimant to give the chief executive within a stated 22 reasonable period-- 23 (a) additional information about, or a document relevant to, 24 the claim; or 25 (b) a statutory declaration verifying any information 26 included in the claim or any additional information 27 required under paragraph (a). 28

 


 

s 16 14 s 16 Fisheries Amendment Bill 2006 `(2) The notice may be given at any time before the claim is 1 decided. 2 `(3) If the claimant does not comply with the requirement within 3 the following period the claimant is taken to have withdrawn 4 the claim-- 5 (a) generally--the period stated in the notice; 6 (b) if, within the period stated in the notice, the chief 7 executive agrees in writing to a longer period to comply 8 with the requirement--the longer period. 9 `42H Deciding claim 10 `(1) Subject to sections 42I and 42J, the chief executive must, 11 within a reasonable period after the making of the claim, 12 decide-- 13 (a) whether to grant or refuse the claim; and 14 (b) if the chief executive decides to grant the claim--the 15 amount of the compensation payable. 16 `(2) If the chief executive decides to refuse the claim or decides an 17 amount of compensation that is less than the amount claimed 18 or agreed to by the claimant, the chief executive must give the 19 claimant a written notice informing the claimant-- 20 (a) of the decision and the reasons for it; and 21 (b) that the claimant may appeal against the decision to the 22 tribunal within 28 days. 23 `(3) In deciding what is a reasonable period for subsection (1), 24 regard must be had to-- 25 (a) whether the chief executive may need to give a notice 26 under section 42G or obtain, under section 42I, other 27 information or evidence; and 28 (b) the period that may be needed to consider the 29 information or document the subject of the notice or the 30 information or evidence that may need to be obtained. 31

 


 

s 16 15 s 16 Fisheries Amendment Bill 2006 `42I Chief executive may obtain other information 1 `(1) Before making the decision, the chief executive may obtain 2 from a person other than the claimant any further information 3 or evidence that the chief executive considers will help the 4 making of the decision. 5 `(2) If the chief executive obtains further information or evidence 6 under subsection (1) and the chief executive proposes to act 7 on the information or evidence adversely to the claimant-- 8 (a) the chief executive must give the claimant a written 9 notice stating-- 10 (i) what the further information or evidence is; and 11 (ii) that the claimant may respond in writing to the 12 further information or evidence within a stated 13 reasonable period after the giving of the notice; 14 and 15 (b) the chief executive must not make the decision unless 16 the claimant has given the response or the following 17 period has ended-- 18 (i) generally--the period stated in the notice; 19 (ii) if, within the period stated in the notice, the chief 20 executive agrees in writing to a longer period for 21 the giving of the response--the longer period. 22 `42J Amount of compensation that may be decided 23 `(1) The amount of the compensation decided may only be for-- 24 (a) either-- 25 (i) if the eligible authority continued in force after the 26 commencement--the difference between its 27 market value immediately before the 28 commencement and its market value immediately 29 after the commencement; or 30 (ii) if, under the relevant amendment, the eligible 31 authority ended--its market value immediately 32 before the commencement; and 33

 


 

s 16 16 s 16 Fisheries Amendment Bill 2006 (b) the loss, for no more than 3 years from the 1 commencement, of probable taxable income from 2 fishing lost or reduced because of the lost or reduced 3 entitlement to take fisheries resources the subject of the 4 claim. 5 `(2) In working out the market value immediately before the 6 commencement, any reduction in the value of the eligible 7 authority caused by the making, or the prospect of the making, 8 of the relevant amendment must be disregarded. 9 `(3) In working out the lost or reduced fishing income, regard may 10 be had only to income from fishing under the eligible 11 authority as stated in taxation returns lodged by the claimant 12 and relevant notices of assessment accompanying the claim or 13 given to the chief executive by or for the claimant. 14 `(4) If the chief executive considers-- 15 (a) a ground on which the claim is made was not the sole 16 cause of the loss or reduction claimed; and 17 (b) the other cause or causes of the loss or reduction were 18 not causes for which compensation may be claimed 19 under subdivision 1; 20 the chief executive may reduce the amount worked out under 21 subsection (1) to reflect the other cause or causes. 22 `(5) In this section-- 23 commencement means when the relevant amendment 24 commenced. 25 taxable income means taxable income under the Income Tax 26 Assessment Act 1997 (Cwlth). 27 `42K Restriction on payment if someone other than the 28 claimant has a registered interest in the eligible 29 authority 30 `If-- 31 (a) the claim and an amount of compensation has been 32 decided under this subdivision; and 33 (b) someone other than the claimant has a registered interest 34 in the eligible authority; 35

 


 

s 17 17 s 19 Fisheries Amendment Bill 2006 the chief executive must not pay the claimant the amount 1 unless the other person has agreed in writing to the making of 2 the payment.'. 3 Clause 17 Replacement of pt 5, div 2, hdg (Fisheries declarations) 4 Part 5, division 2, heading-- 5 omit, insert-- 6 `Division 2 Fisheries declarations by chief 7 executive'. 8 Clause 18 Replacement of s 43 (Declaration of closed season, 9 closed waters etc.) 10 Section 43-- 11 omit, insert-- 12 `43 Chief executive may make fisheries declarations 13 `(1) Subject to section 45, the chief executive may make a fisheries 14 declaration in an instrument other than a management plan. 15 `(2) Subsection (1) does not limit section 37.2 16 17 Note-- 18 Section 37 provides for the types of fisheries declarations and what they 19 may regulate.'. Clause 19 Amendment of s 45 (Fisheries declaration is subordinate 20 legislation) 21 Section 45(1), from `declaration under' to `declaration)'-- 22 omit, insert-- 23 `fisheries declaration under this division or a quota 24 declaration'. 25 2 Section 37 (Management plan may make declaration regulating particular matters)

 


 

s 20 18 s 22 Fisheries Amendment Bill 2006 Clause 20 Amendment of s 45A (Declaration to protect things that 1 are not fish) 2 (1) Section 45A, heading, `Declaration'-- 3 omit, insert-- 4 `Fisheries declaration'. 5 (2) Section 45, `A declaration'-- 6 omit, insert-- 7 `A fisheries declaration'. 8 Clause 21 Amendment of s 46 (Emergency fisheries declarations) 9 (1) Section 46(1)-- 10 omit, insert-- 11 `(1) A fisheries declaration under this division may be made 12 because of an emergency (an emergency fisheries 13 declaration).'. 14 (2) Section 46(4)-- 15 omit. 16 (3) Section 46(5) to (9)-- 17 renumber as section 46(4) to (8). 18 Clause 22 Amendment of s 48 (Regulation may make provision 19 about fisheries declaration matters etc.) 20 (1) Section 48, words before subsection (3)-- 21 omit, insert-- 22 `48 Relationship between fisheries declaration under div 2 23 and other subordinate legislation'. 24 (2) Section 48(3), after `fisheries declaration'-- 25 insert-- 26 `under this division'. 27 (3) Section 48(4), after `or fisheries declaration'-- 28 insert-- 29

 


 

s 23 19 s 24 Fisheries Amendment Bill 2006 `under this division'. 1 (4) Section 48(3) and (4)-- 2 renumber as section 48(1) and (2). 3 Clause 23 Amendment of s 53 (Form, content and term of 4 authorities) 5 Section 53(c)-- 6 omit, insert-- 7 `(c) is issued-- 8 (i) for the term stated in it; or 9 (ii) if no term is stated in the authority--until it is 10 cancelled or surrendered or it otherwise expires 11 under this Act.'. 12 Clause 24 Replacement of s 65A (Application to register transfer of 13 authority) 14 Section 65A-- 15 omit, insert-- 16 `65A Application to register transfer of authority 17 `(1) An application to register the transfer of an authority must-- 18 (a) be made to the chief executive in the approved form; and 19 (b) be made by-- 20 (a) if the transfer is a temporary quota transfer--the 21 transferor under the transfer; or 22 (b) otherwise--each holders of the authority 23 immediately before the transfer. 24 `(2) Without limiting what the approved form may require, it must 25 include-- 26 (a) a sufficient description of the authority; and 27 (b) a written declaration by the applicant that-- 28 (i) the information in or accompanying the application 29 provided by the applicant is true; and 30

 


 

s 25 20 s 25 Fisheries Amendment Bill 2006 (ii) the applicant has complied with the requirements 1 under this Act that relate to the authority; and 2 (iii) each transferee under the transfer has complied 3 with the requirements under this Act that relate to 4 the authority. 5 `(3) Unless the transfer is a temporary quota transfer, the 6 application must be accompanied by-- 7 (a) the written approval of each person, other than the 8 holder, who has a registered interest in the authority; and 9 (b) if a fee payable under this Act for, or relating to, the 10 authority has not been paid--the chief executive's 11 written approval to the registration of the transfer. 12 `(4) Also, the application must be accompanied by the fee 13 prescribed under a regulation, unless-- 14 (a) the application is made by the internet system 15 mentioned in section 65BA; or 16 (b) the fee is waived under section 65E.'. 17 Clause 25 Insertion of new s 65BA 18 After section 65B-- 19 insert-- 20 `65BA Internet system for transfer registration applications 21 `(1) The chief executive may establish an internet system under 22 which-- 23 (a) applications may be made to register authority transfers; 24 and 25 (b) the following are made or done automatically on the 26 internet-- 27 (a) the decision about whether an application to 28 register a transfer, or a transfer of a particular type, 29 is a properly made application for section 65A; 30 (b) registration of the transfer. 31 `(2) However, the use of the system may allow the decision to be 32 made only if the information that the system requires to be 33

 


 

s 26 21 s 28 Fisheries Amendment Bill 2006 given in making the application shows the application is, on 1 its face, a properly made application for section 65A. 2 `(3) For section 196,3 a decision made under the system is taken to 3 be a decision of the chief executive under section 65B.'. 4 Clause 26 Amendment of s 65C (Temporary transfers) 5 Section 65C(2)(d)-- 6 omit. 7 Clause 27 Amendment of s 65D (Effect of temporary transfer) 8 Section 65D(6)-- 9 omit, insert-- 10 `(6) Each of the following is an interested party under subsection 11 (1)-- 12 (a) the transferor under the temporary transfer; 13 (b) the transferee under the temporary transfer; 14 (c) unless the transfer is a temporary quota 15 transfer--anyone else who has a registered interest in 16 the authority the subject of the temporary transfer.'. 17 Clause 28 Insertion of new s 68AB 18 After section 68A-- 19 insert-- 20 `68AB Suspension or cancellation for non-payment of fee 21 other than because of dishonoured cheque 22 `(1) This section applies if-- 23 (a) a fee payable under this Act for or relating to an 24 authority is not paid; and 25 (b) the authority is not suspended under section 68A; and 26 3 Section 196 (Appeals to tribunal)

 


 

s 29 22 s 29 Fisheries Amendment Bill 2006 (c) the fee is not for an application to which section 1 68A(1)(c) applies. 2 `(2) The chief executive may give the holder of the authority a 3 notice warning the holder that, under this section-- 4 (a) the authority will be suspended unless the fee is paid or 5 a repayment agreement for the fee is made within 30 6 days after the giving of the notice; and 7 (b) if the authority is a commercial fisher licence--it will be 8 cancelled unless the fee is paid or a repayment 9 agreement for the fee is made within 90 days after the 10 giving of the notice. 11 `(3) If the fee is not paid or a repayment agreement for the fee is 12 not made within 30 days after the giving of the notice the 13 authority is suspended. 14 `(4) The suspension ends if the fee is paid within 90 days after the 15 giving of the notice. 16 `(5) If-- 17 (a) the authority is a commercial fisher licence; and 18 (b) the fee is not paid or a repayment agreement for the fee 19 is not made within 90 days after the giving of the notice; 20 the authority is cancelled. 21 `(6) Otherwise, the suspension continues until and unless the fee is 22 paid or a repayment agreement for the fee is made. 23 `(7) In this section-- 24 commercial fisher licence means an authority that, under a 25 regulation, is described as a commercial fisher licence. 26 repayment agreement, for a fee, means a written agreement 27 between the holder of the authority and the chief executive for 28 the payment of the fee.'. 29 Clause 29 Amendment of s 69A (Effect of suspension on issue or 30 transfer of another authority) 31 (1) Section 69A(a), from `to issue' to `another authority that'-- 32 omit, insert-- 33

 


 

s 30 23 s 31 Fisheries Amendment Bill 2006 `to issue another authority, or register a transfer of another 1 authority, to the holder of the suspended authority, if the other 2 authority'. 3 (2) Section 69A(b), from `to transfer' to `authority, to'-- 4 omit, insert-- 5 `to register a transfer of the authority to'. 6 (3) Section 69A-- 7 insert-- 8 `(2) However, subsection (1)(b) does not apply if-- 9 (a) the suspension is under section 68AB; and 10 (b) the chief executive has, under section 65A(3)(b), given 11 written approval to the registration of the transfer. 12 `(3) To remove any doubt, it is declared that subsection (2) does 13 not affect the suspension under section 68AB.4'. 14 Clause 30 Insertion of new s 69B 15 After section 69A-- 16 insert-- 17 `69B Further fees continue to be payable for suspended 18 authority 19 `(1) This section applies if an authority is suspended. 20 `(2) To remove any doubt, it is declared that the suspension has no 21 effect on a liability under this Act to pay the full amount of a 22 further fee for or relating to the suspended authority. 23 `(3) Subsection (2) continues to apply for the amount even if the 24 suspended authority is later cancelled.'. 25 Clause 31 Replacement of s 77 (Closed season and closed waters 26 offences) 27 Section 77-- 28 4 Sections 65A (Application to register transfer of authority) and 68AB (Suspension or cancellation for non-payment of fee other than because of dishonoured cheque)

 


 

s 31 24 s 31 Fisheries Amendment Bill 2006 omit, insert-- 1 `77 Contravention of particular fisheries declarations 2 `(1) A person to whom a regulated fishing apparatus declaration or 3 regulated fishing method declaration applies must comply 4 with the declaration. 5 Maximum penalty--300 penalty units. 6 `(2) A person to whom a regulated waters declaration applies must 7 comply with the declaration. 8 Maximum penalty--1000 penalty units. 9 `77A Exemptions for contravention of regulated fishing 10 apparatus declaration 11 `(1) Section 77(1) does not apply to the sale, purchase, use or 12 possession of commercial fishing apparatus regulated under a 13 regulated fishing apparatus declaration if the apparatus is used 14 or to be used-- 15 (a) in sporting activities, other than fishing; or 16 17 Examples-- 18 indoor cricket and school sports, other than fishing (b) to protect trees or collect fruit from trees; or 19 (c) for display or decorative purposes; or 20 21 Examples-- 22 for use in shopfitting or as part of a restaurant's decor (d) for other purposes prescribed under a regulation or 23 management plan. 24 `(2) Section 77(1) does not apply to the possession of fishing 25 apparatus regulated under a regulated fishing apparatus 26 declaration if the apparatus is stowed and secured on a boat 27 lawfully passing through waters. 28 `(3) Section 77(1) does not apply to the possession of commercial 29 fishing apparatus regulated under a regulated fishing 30 apparatus declaration if the person possessing the apparatus-- 31 (a) is a genuine maker, dealer in or repairer of fishing 32 apparatus; or 33

 


 

s 32 25 s 35 Fisheries Amendment Bill 2006 (b) is a person acting for a person mentioned in paragraph 1 (a); or 2 (c) is transporting the fishing apparatus to or from the place 3 where it is made, used, dealt in, repaired or stored for a 4 person who has an authority to use or possess the 5 apparatus.'. 6 Clause 32 Amendment of s 78 (Prohibited acts about regulated fish) 7 Section 78(1), `possess or'-- 8 omit, insert-- 9 `possess, use or'. 10 Clause 33 Insertion of new s 79A 11 After section 79-- 12 insert-- 13 `79A Contravening a condition of an authority 14 `A person to whom a condition of an authority applies must 15 comply with the condition. 16 Maximum penalty--100 penalty units.'. 17 Clause 34 Omission of s 80 (Fish not to be taken in prohibited way) 18 Section 80-- 19 omit. 20 Clause 35 Amendment of s 81 (Use of explosives etc. prohibited) 21 (1) Section 81(1)(d)-- 22 omit, insert-- 23 `(d) possess fish taken by a thing mentioned in paragraph 24 (b); or 25 (e) possess fish taken by a device mentioned in paragraph 26 (c).'. 27 (2) Section 81(2)-- 28

 


 

s 36 26 s 38 Fisheries Amendment Bill 2006 renumber as section 81(3). 1 (3) Section 81-- 2 insert-- 3 `(2) Subsection (1)(a), (b) and (d) does not apply to an activity 4 carried out by a person if the person-- 5 (a) is acting under a contract made by the chief executive 6 for the establishment or management of the shark 7 control program; and 8 (b) is authorised under an authority to carry out the 9 activity.'. 10 Clause 36 Omission of ss 84 to 86A 11 Sections 84 to 86A-- 12 omit. 13 Clause 37 Amendment of s 94 (Chief executive may declare 14 diseases) 15 Section 94(1), definition disease-- 16 insert-- 17 `(c) a species of a fish or plant that may compete against 18 fisheries resources or other fisheries resources to the 19 detriment of the fisheries resources or other fisheries 20 resources.'. 21 Clause 38 Replacement of s 118 (Statistical returns to be kept) 22 Section 118-- 23 omit, insert-- 24 `118 Information requirements 25 `(1) A regulation or management plan, a condition of an authority, 26 or the chief executive by written notice, may require (an 27 information requirement) a person to-- 28

 


 

s 38 27 s 38 Fisheries Amendment Bill 2006 (a) obtain and keep for stated periods, in the approved form, 1 stated documents or information (the required 2 information) about-- 3 (i) fishing, a fishery or fisheries resources; or 4 (ii) trade or commerce related to fishing, a fishery or 5 fisheries resources; or 6 (b) give the chief executive or another stated person 7 documents or information mentioned in paragraph (a) 8 (also the required information), in writing or in another 9 stated way, or at stated intervals or times. 10 11 Example of another stated person-- 12 if the person of whom the requirement is made is a buyer of 13 fisheries resources, the person who sold them to the buyer 14 Examples of another stated way-- 15 by a telephonic automated interactive voice response system 16 by VMS equipment 17 by recording the required information on the department's 18 website on the internet `(2) However, an information requirement may apply to or be 19 made of a person only if the required information relates to 20 the person, or could reasonably be expected to relate to the 21 person. 22 `(3) To remove any doubt, it is declared that, subject to subsection 23 (2), subsection (1) is capable of applying to a person whether 24 or not the person performs activities by way of fishing or 25 other activities. 26 `(4) A person to whom an information requirement applies, or of 27 whom an information requirement has been made, must 28 comply with the requirement unless, in the circumstances, the 29 person could not reasonably have been expected to have, or to 30 be able to obtain, the required information. 31 Maximum penalty for subsection (4)-- 32 (a) 1000 penalty units if-- 33 (i) the required information is a docket or other 34 document about the buying or selling of fisheries 35 resources in trade or commerce; or 36

 


 

s 39 28 s 41 Fisheries Amendment Bill 2006 (ii) the person carries on a business that includes the 1 processing of abalone and the required information 2 relates to the business or the processing; or 3 (b) otherwise--500 penalty units.'. 4 Clause 39 Insertion of new s 132A 5 After section 132-- 6 insert-- 7 `132A Variation of Commonwealth-State arrangements 8 `A Commonwealth-State arrangement may be varied in the 9 way provided for under the Commonwealth Fisheries Act.'. 10 Clause 40 Amendment of s 160 (Seized fisheries resources become 11 property of State) 12 (1) Section 160, heading, `Seized'-- 13 omit, insert-- 14 `When seized'. 15 (2) Section 160(2) to (5)-- 16 renumber as section 160(3) to (6). 17 (3) Section 160-- 18 insert-- 19 `(2) However, this section stops applying if the fisheries resources 20 are sold under section 160A.'. 21 (4) Section 160(6), as renumbered, after `However, if'-- 22 insert-- 23 `the fisheries resources are not fish that were live when they 24 were seized and'. 25 Clause 41 Insertion of new s 160A 26 After section 160-- 27 insert-- 28

 


 

s 42 29 s 43 Fisheries Amendment Bill 2006 `160A Chief executive's power to sell particular live seized 1 fish 2 `(1) This section applies if-- 3 (a) seized fisheries resources mentioned in section 160(1) 4 were live fish when they were seized; and 5 (b) the fish have not, under section 160, become the 6 property of the State. 7 `(2) The chief executive may sell the fish at any time after the 8 seizure as if the fish were the property of the State. 9 `(3) However, the sale must be carried out in a reasonable way 10 decided by the chief executive or in a way agreed with the 11 owner of the fish. 12 `(4) Also, until the end of the period under 163(2), the chief 13 executive must hold the net proceeds of the sale on trust for 14 whoever will, under that section, be entitled to the net 15 proceeds.'. 16 Clause 42 Amendment of s 163 (Obligation to pay net proceeds of 17 sale of fisheries resources) 18 Section 163(1)(b)-- 19 omit, insert-- 20 `(b) the fisheries resources-- 21 (i) are sold after becoming property of the State; or 22 (ii) are fish that have been sold under section 160A.'. 23 Clause 43 Amendment of s 196 (Appeals to tribunal) 24 Section 196(2)(a)-- 25 insert-- 26 `(a) a decision of the chief executive about policy, including, 27 for example, a decision of the chief executive about the 28 shark control program;'. 29

 


 

s 44 30 s 45 Fisheries Amendment Bill 2006 Clause 44 Omission of s 238 (Amendment of management plan) 1 Section 238-- 2 omit. 3 Clause 45 Insertion of new pt 12, div 5 4 After section 253-- 5 insert-- 6 `Division 5 Transitional provisions for Fisheries 7 Amendment Act 2006 8 `254 Existing contracts to provide services relating to 9 sharks 10 `(1) This section applies to a contract made before the 11 commencement of this section for someone to provide to the 12 State services involving the placement in coastal waters of the 13 State adjacent to a beach of nets or baited drumlines, for the 14 purpose of catching sharks. 15 `(2) The contract is taken to be, and to have always been, validly 16 made under this Act. 17 `(3) From the commencement, the contract is taken to have been 18 made for the shark control program. 19 `255 Existing general fisheries permits relating to sharks 20 `(1) The general fisheries permits or former general fisheries 21 permits issued under the Fisheries Regulation 1995 with the 22 following numbers are taken to be, and to have always been, 23 validly issued under this Act-- 24 PRM37037A 25 PRM37441E 26 PRM37965D 27 PRM37971I 28 PRM04051G 29 PRM04058D 30

 


 

s 45 31 s 45 Fisheries Amendment Bill 2006 PRM04060F 1 PRM04063K 2 PRM04092D 3 PRM04097E 4 PRM04172F 5 PRM04173D 6 PRM04949B 7 PRM05108J. 8 `(2) If, under section 63(4) and (5), the chief executive amends any 9 of the permits to authorise the holder to authorise someone 10 else to do any thing that the holder may do under the permit, 11 the amendment is taken to have had effect from-- 12 (a) if the relevant notice under section 63(5) states a day of 13 effect--the day of effect; or 14 (b) if no day of effect is stated in the notice--when the 15 permit was issued. 16 `(3) This section does not prevent the amendment or repeal of the 17 Fisheries Regulation 1995. 18 `256 Activities carried out under existing contracts 19 relating to sharks 20 `Section 81(1)(a), (b) and (d)5 does not apply to an activity 21 carried out by a person before the commencement of this 22 section if, when the activity was carried out, the person-- 23 (a) was acting under a contract mentioned in section 254; 24 and 25 (b) was authorised under a general fisheries permit 26 mentioned in section 255 to carry out the activity.'. 27 5 Section 81 (Use of explosives etc. prohibited)

 


 

s 46 32 s 46 Fisheries Amendment Bill 2006 Clause 46 Amendment of schedule (Dictionary) 1 (1) Schedule, definitions closed season declaration, closed 2 waters declaration, owner, Queensland waters and regulated 3 fish declaration-- 4 omit. 5 (2) Schedule-- 6 insert-- 7 `eligible authority, for part 5, division 1A, see section 8 42A(1)(a). 9 emergency fisheries declaration see section 46(1). 10 fisheries declaration see section 37(1). 11 owner, for a thing that has been seized under this Act 12 means-- 13 (a) if the chief executive is aware of the actual owner of the 14 thing immediately before the seizure--the actual owner; 15 or 16 (b) otherwise--a person who would be entitled to 17 possession of the thing had it not been seized. 18 register, when used as a noun, means the register the chief 19 executive keeps under section 73(1). 20 registered interest, in an authority, means an interest in the 21 authority that is noted on the register. 22 regulated fish declaration see section 37(2). 23 regulated fishing apparatus declaration see section 37(3). 24 regulated fishing method declaration see section 37(4). 25 regulated waters declaration see section 37(5). 26 relevant amendment, for part 5, division 1A, see section 27 42A(1)(b) 28 shark control program see section 3A(3). 29 temporary quota transfer means a temporary transfer of an 30 authority that is a quota.'. 31 (3) Schedule, definition Commonwealth-State arrangement, after 32 `Joint Authority arrangement'-- 33

 


 

s 46 33 s 46 Fisheries Amendment Bill 2006 insert-- 1 `, and includes, in each case, the arrangement as varied'. 2 (4) Schedule, definition waterway barrier works, after `a 3 waterway'-- 4 insert-- 5 `if the barrier limits fish stock access and movement along a 6 waterway'. 7

 


 

34 Fisheries Amendment Bill 2006 Schedule Minor amendments 1 section 3 2 1 Section 60(a)(ii), 63(3)(b) and 68(4)(b), `Fisheries 3 Tribunal'-- 4 omit, insert-- 5 `tribunal'. 6 Section 70D(3), `the chief executive keeps under section 2 7 73(1)'-- 8 omit. 9 3 Section 74(1)(d)-- 10 omit, insert-- 11 `(d) anything else about an authority that is in the register.'. 12 Section 76, `of authorities kept by the chief executive'-- 4 13 omit, insert-- 14 `about an authority'. 15 5 Section 76A(b), `item 5'-- 16 omit, insert-- 17 `item 8'. 18 6 Section 76T(2)(b), `item 5'-- 19 omit, insert-- 20 `item 8'. 21

 


 

35 Fisheries Amendment Bill 2006 Schedule (continued) 7 Section 88B(1)(b), `item 5'-- 1 omit, insert-- 2 `item 8'. 3 State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Fisheries Amendment Bill 2006 Fisheries Amendment Bill 2006 Amendment agreed to during Consideration 1 Clause 43 At page 29, line 26-- omit, insert-- `omit, insert--'.

 


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