Fisheries Management Act 2007 (SA)

South Australia Fisheries Management Act 2007 An Act to provide for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves, the regulation of fishing and the processing of aquatic resources, the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Declaration of aquatic reserves 5 Application of Act 5A Licence or other right is not personal property for the purposes of Commonwealth Act 6 Ownership of aquatic resources of State Part 2—Objects of Act 7 Objects of Act Part 3—Administration Division 1—Minister and Director 8 Minister 9 Director 10 Delegation Division 3—Advisory committees 20 Establishment of committees Division 4—Fisheries Research and Development Fund 21 Continuation of Fund 22 Accounts 23 Audit Part 4—Commonwealth-State arrangements Division 1—Commonwealth-State joint authorities 24 Powers and functions of Minister 25 Judicial notice 26 Functions of Joint Authority 27 Delegation 28 Procedure of Joint Authorities 29 Report of Joint Authority Division 2—Arrangements with Commonwealth with respect to management of particular fisheries 30 Arrangement for management of certain fisheries 31 Application of this Act to fisheries in accordance with arrangements 32 Application of Commonwealth law to limits of State in accordance with arrangements 33 Functions of Joint Authority 34 Joint Authority to exercise certain powers instead of Minister or Director 35 Application of certain provisions relating to offences 36 Presumption relating to certain statements 37 Regulations relating to Joint Authority fishery Division 3—Arrangements with other States 38 Arrangements with other States 39 Functions Part 5—Management plans for commercial fishing, recreational fishing and aquatic reserves 40 Interpretation 41 Application of Part 42 Preparation of management plans 43 General nature and content of management plans 44 Procedure for preparing management plans 45 Tabling of management plans 46 Procedure for making certain amendments to management plans 47 Duration of management plans 48 Availability and evidence of management plans 49 Review of management plans 50 Implementation of management plans Part 6—Regulation of fishing and processing Division 1—Commercial fishing 51 Interpretation 52 Obligation of commercial fishers to hold licence or permit 53 Obligation for boats and devices used in commercial fishing to be registered 54 Application for licence, permit or registration 55 Conditions of licence, permit or registration 56 Duration of authority and periodic fee and return etc 57 Transfer of licence or permit 58 Acquisition of licences etc by Minister 59 Obligation to carry authority and identification while engaging in fishing activities Division 2—Aboriginal traditional fishing 60 Management of aboriginal traditional fishing 61 Availability and evidence of aboriginal traditional fishing management plans Division 3—Processing 62 Obligation of fish processors to be registered 63 Classes of registration 64 Applications for registration 65 Conditions of registration 66 Duration of registration and periodic fee and return etc Division 4—Miscellaneous 67 Misuse of authorities 68 Issue of duplicate authority 69 Effect of suspension of authority Part 7—Offences Division 1—Offences relating to fishing activities 70 Prescribed fishing activities prohibited 71 Taking, injuring etc aquatic mammals and protected species prohibited 72 Sale, purchase or possession of aquatic resources without authority prohibited 73 Possession of prescribed quantity of aquatic resource in prescribed circumstances 74 Unauthorised trafficking in fish of priority species prohibited 75 Interference with lawful fishing activities prohibited Division 2—Miscellaneous offences 76 Entering etc aquatic reserve, or engaging in fishing activity in aquatic reserve, without authorisation prohibited 77 Disturbance of water beds, or removal or interference with animals or plants, in aquatic reserve without authorisation prohibited 78 Unauthorised activities relating to exotic organisms or noxious species prohibited Division 3—Temporary prohibition of certain fishing activities etc 79 Temporary prohibition of certain fishing activities etc Division 4—Miscellaneous 79A Permits Part 8—Enforcement Division 1—Authorised persons Subdivision 1—Appointment of authorised persons 80 Appointment of fisheries officers, scientific observers and sea rangers Subdivision 2—Fisheries officers 81 General powers of fisheries officers 82 Power of fisheries officer to search persons for evidence of certain offences 83 Powers of fisheries officers relating to exotic aquatic organisms and aquaculture fish 84 Power of fisheries officer to arrest persons without warrant 85 Corresponding laws may confer powers and functions 86 Fisheries officer may be assisted in exercise of powers etc Subdivision 3—Scientific observers 87 Functions of scientific observer 88 Placement of scientific observer on registered boat Subdivision 4—Sea rangers 89 Functions of sea ranger Subdivision 5—Miscellaneous 90 Provisions relating to things seized 91 Offence to hinder etc authorised persons Division 2—Orders made by Minister 92 Protection orders 93 Action on non-compliance with protection order 94 Reparation orders 95 Action on non-compliance with reparation order 96 Reparation authorisations 97 Related matters 98 Registration of orders or authorisations by Registrar-General 99 Effect of charge Division 3—Court orders 100 Additional orders court can make on conviction 101 Orders ERD Court may make on application by Minister 102 Provisions relating to orders under this Division Division 4—Demerit points scheme 103 Interpretation 104 Demerit points for certain offences 105 Consequences of certain number of demerit points being incurred by person or recorded against authority 106 Notices to be sent by Minister when certain number of demerit points are incurred or recorded 107 Notices to be sent by Minister when person becomes liable to disqualification or authority is to be cancelled 108 Disqualification etc and discounting of demerit points 109 Court not to take into account demerit points in determining penalty Division 5—Miscellaneous 110 Additional penalty based on value of aquatic resources Part 9—Review and appeals Division 1—Internal review 111 Review of certain decisions of Minister Division 2—External review 112 External review 113 Appeals to ERD Court against protection or reparation order 114 Constitution of ERD Court Part 10—Miscellaneous Division 1—General 115 Exemptions 116 Registers 117 Recovery of fees, levies and other amounts 118 Statutory declarations 119 False or misleading statement or information 120 Offences committed by bodies corporate or agents, or involving registered boats 121 Commencement of prosecutions 122 Self-incrimination 123 Rewards 124 Confidentiality 125 Service 126 Evidentiary provisions Division 2—Regulations 127 General 128 Regulations relating to conservation and management of aquatic resources, management of fisheries and aquatic reserves and regulation of fishing 129 Regulations relating to processing of aquatic resources 130 Regulations relating to control of exotic aquatic organisms and disease Division 3—Review of Act 131 Review of Act by Minister Schedule 1—Transitional provisions Part 2—Transitional provisions 2 Minister 3 Commonwealth-State arrangements 4 Fisheries officers 5 Fisheries and fishery licences 6 Fish processor registrations 7 Temporary prohibitions of fishing activities 8 Aquatic reserves and marine parks 9 Permits 10 Exemptions 11 Register of authorities Legislative history