Fisheries Act 1994 - Queensland

Service summary

Object or Purpose of this legislative Instrument:

The Act provides for the use, conservation and enhancement of the community's fisheries resources and fish habitats in a way that seeks to:

  • apply and balance the principles of ecologically sustainable development; and
  • promote ecologically sustainable development.

Scope of this legislative Instrument:

The Act enables Fisheries, Department of Agriculture, Fisheries and Forestry to manage fisheries resources.

The Chief Executive is responsible for the management of all fisheries resources throughout the State.

The Act prescribes the powers and functions of the Chief Executive and makes provision for:

  • management and protection of fish habitats
  • management of commercial, recreational and indigenous fishing
  • management of aquaculture
  • prevention, control and eradication of disease in fish
  • penalties for fisheries offences.

It provides for the issuing of licences, permits, resource allocation authorities and development approvals, prescribed in detail in the Regulation, in relation to aquaculture, fishing, fisheries management and other activities.

The Regulation prescribes details, conditions, restrictions and fees relating to licences, permits, resource allocation authorities and development approvals issued by the Chief Executive and sets out fisheries offences and penalties.

It also provides detailed information relating to commercial and recreational fishing:

  • sets out prohibited activities and the areas to which they relate
  • lists fish that may be taken commercially or by recreational fishers
  • identifies fish habitat areas
  • identifies non indigenous fish resources
  • prescribes conditions governing: crab, line, net and trawl fisheries; other commercial fisheries-aquarium fish, beche de mer, coral, crayfish and rock lobster, eel, pearl, shell, shell grit, star, sand, trochus, worm, yabby.

Some fisheries are now subject to five management plans.

  • Fisheries (Gulf of Carpentaria Inshore Finfish) Management Plan 1999
  • Fisheries (East Coast Trawl) Management Plan 1999
  • Fisheries (Coral Reef Fin Fish) Management Plan 2003

The following Subordinate Legislation should be examined:

  • Fisheries Regulation 2008
  • Fisheries (Gulf of Carpentaria Inshore Finfish) Management Plan 1999
  • Fisheries (East Coast Trawl) Management Plan 1999
  • Fisheries (Coral Reef Fin Fish) Management Plan 2003.

The following Guides or Booklets are available:

Issued by Fisheries:

  • Recreational fishing rules and regulations for Queensland (a brief guide)

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Aquaculture

the cultivation of live fisheries resources for sale.

Fish

includes: prawns, crayfish, rock lobsters, crabs and other crustaceans; scallops, oysters, pearl oysters and other molluscs; sponges, annelid worms, beche de mer and other holothurians; trochus and green snails; the spat, spawn and eggs of fish or any part of the spat, spawn or eggs of fish; treated fish, including treated spat, spawn or eggs of fish; coral, coral limestone, shell grit or star sand; freshwater or saltwater products declared under a regulation to be fish.

Fisheries resources

includes fish and marine plants.

Appeal

Appeal process

Lodgement

Compliance mechanisms and penalties

Fisheries inspectors have powers to monitor and enforce compliance with the Act including seizure of property in connection with an offence.

Penalties for offences include suspension or cancellation of licences, permits or resource allocation authorities, fines and forfeiture of property seized.

Fisheries maintains a 24 hours fisheries compliant hotline 1800 017 116.

Review or appeal mechanisms

An appeal against a seizure of fisheries resources may be made to the Magistrates Court nearest where the fisheries resources were seized. A party dissatisfied by the decision of the Magistrates Court may appeal to a District Court but only on a question of law.

A person whose interests are adversely affected by an order, direction, requirement or other decision of the Chief Executive, and who is dissatisfied with the decision, may appeal against the decision to the tribunal but only on one or more of the following grounds:

  • the decision of the Chief Executive was contrary to this Act (Fisheries Act 1994)
  • the decision of the Chief Executive was manifestly unfair
  • the decision of the Chief Executive will cause severe personal hardship to the appellant.

Administering agency

Department of Agriculture and Fisheries
Fisheries Queensland
Regulatory Reform and Consultation

Contact details

Department of Agriculture and Fisheries
Fisheries Queensland
Regulatory Reform and Consultation

Operating address:
Level 2 80 Ann Street
BRISBANE
Queensland 4000
Mailing address:
GPO Box 46
Brisbane
Queensland 4001

Phone:

07 3224 2266

Fax:

07 3224 2804

Customer Service Centre
Department of Agriculture and Fisheries

Phone:

13 25 23

Phone:

07 3404 6999

Website:

Department of Agriculture and Fisheries Customer Service Centre Opens in a new browser window

Supporting information

Disclaimer

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To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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