Queensland Consolidated Acts Queensland Consolidated Actsabalone means a mollusc of the genus Haliotis.
amend, for part 5, division 3A, subdivision 5, see section 76M.
amending Act, for part 12, division 4, see section 240.
applicable code see the Planning Act, schedule 3.
approved form means a form approved by the chief executive under section 221A.
aquaculture means the cultivation of live fisheries resources for sale other than in circumstances prescribed under a regulation.
aquaculture fisheries resources means live fish and marine plants cultivated in aquaculture.
aquaculture furniture means a cage, rack, tank, tray or anything else used, or capable of being used, in aquaculture or to assist in aquaculture.
area means an area of land, waters or both land and waters, and includes a place.
arrangement includes agreement, promise, scheme, transaction (with or without consideration), understanding and undertaking (whether express or implied).
assessable development see the Planning Act, schedule 3.
assessment manager see the Planning Act, section 246(1).
Australian boat has the meaning given by the Commonwealth Fisheries Act.
authority means—
(a) a licence, permit, resource allocation authority or other authority issued, and in force, under this Act; or
(b) a quota in force under this Act.
boat includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a hovercraft and a submersible vessel.
body of water includes a dam and waterway.
building work see the Planning Act, section 10(1).
buy includes—
(a) buy by wholesale, retail or auction; and
(b) accept, acquire or receive in trade or commerce or under an arrangement; and
(c) agree, attempt or offer to buy; and
(d) cause or permit to be bought.
coastal waters of the State has the meaning given by Commonwealth Fisheries Act.
Commonwealth Fisheries Act means the Fisheries Management Act 1991 (Cwlth).
Commonwealth Minister has the meaning given by part 5 of the Commonwealth Fisheries Act.
Commonwealth–State arrangement means an arrangement made by the State with the Commonwealth under this Act, and includes a Joint Authority arrangement, and includes, in each case, the arrangement as varied.
Editor's note—
Part 7 deals with Commonwealth–State fisheries management arrangements.
Commonwealth–State fishery means a fishery for which there is in force a Commonwealth–State arrangement, and includes a Joint Authority fishery.
concurrence agency, for a development application, see the Planning Act, section 251.
condition includes restriction.
container includes a basket, case and tray.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court.
coral limestone means a calcareous deposit derived from coral, but does not include shell grit or star sand.
currency period, for a development approval, means the period mentioned in the Planning Act, section 341.
declaration means a declaration in force under this Act.
declared disease means anything that is declared under section 94(2), 96(1) or 97(1) to be a declared disease.
declared fish habitat area means an area that is declared under this Act to be a fish habitat area.
Editor's note—
Section 120 deals with declaration of fish habitat areas.
declared quarantine area means an area that is declared under section 95(1), 96(1) or 97(1) to be a quarantine area.
development application see the Planning Act, schedule 3.
development approval see the Planning Act, schedule 3.
development permit see Planning Act, section 243.
eligible authority, for part 5, division 1A, see section 42A(1)(a).
emergency fisheries declaration see section 46(1).
entitlement, for the holder of an authority, means the things that, under section 52, the holder is authorised to do as the holder of the authority.
entity includes an entity established under the law of the Commonwealth or another State.
environmental offset condition see the Planning Act, section 346A(1).
executive officer, for a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person's position is given the name of executive officer.
fee includes a charge or tax.
fish see section 5.
fisheries declaration see section 37(1).
fisheries development means assessable or self-assessable development relating to aquaculture, fisheries resources, fish habitat or waterway barrier works.
fisheries development approval means a development approval for which the chief executive is assessment manager or a concurrence agency.
fisheries legislation includes—
(a) this Act or a former Act; and
(b) the Commonwealth Fisheries Act or the Fisheries Act 1952 (Cwlth); and
(c) the Marine Parks Act 2004 and the Great Barrier Reef Marine Park Act 1975 (Cwlth); and
(d) another law of the State, the Commonwealth or another State—
(i) about fishing, fisheries resources or fish habitats; or
(ii) prescribed under a regulation.
fisheries offence means an offence against—
(a) fisheries legislation; or
(b) the Planning Act, if the offence relates to fisheries development.
fisheries resources includes fish and marine plants.
fishery see section 7.
fish habitat includes land, waters and plants associated with the life cycle of fish, and includes land and waters not presently occupied by fisheries resources.
fishing includes—
(a) searching for, or taking, fish; and
(b) attempting to search for, or take, fish; and
(c) engaging in other activities that can reasonably be expected to result in the locating, or taking, of fish; and
(d) landing fish (from a boat or in another way), bringing fish ashore or transhipping fish.
fishing apparatus means anything used, or capable of being used, to take fish, or assist in the taking of fish, and includes, for example—
(a) a hook, line or rod used, or capable of being used, to take fish; and
(b) a crab pot, crayfish pot, net, pitch fork, spear gun or trap used, or capable of being used, to take fish.
fish movement exemption notice, in relation to a development application for the construction or raising of a waterway barrier works, means a written notice stating the applicant is not required to ensure the waterway barrier works adequately provides for the movement of fish across the barrier.
fish way means a fish ladder or another structure or device by which fish can pass through, by or over waterway barrier works.
foreign boat has the meaning given by the Commonwealth Fisheries Act.
foreshore means parts of the banks, bed, reefs, shoals, shore and other land between high water and low water.
former Act means the Fisheries Act 1976 or Fishing Industry Organisation and Marketing Act 1982.
high water means the mean height of the highest high water at spring tide.
holder of an authority means the person to whom it is issued or transferred.
indigenous fisheries resources means fisheries resources—
(a) in relation to a particular area—
(i) spawned, born or grown, other than by aquaculture, in the area; and
(ii) belonging to a species of fisheries resources native to the area; or
(b) without reference to a particular area—
(i) spawned, born or grown, other than by aquaculture, in Queensland; and
(ii) belonging to a species of fisheries resources native to Queensland.
information notice means a notice complying with the QCAT Act, section 157(2).
inspector means a person who is appointed under this Act as an inspector.
issue an authority (other than a permit) includes renew the authority.
Joint Authority means a Joint Authority established under the Commonwealth Fisheries Act of which the Minister is a member.
Joint Authority arrangement means an arrangement made by the State with the Commonwealth under this Act, whether or not it is also made with another State.
Editor's note—
Part 7 deals with Commonwealth–State fisheries management arrangements.
Joint Authority fishery means a fishery for which there is in force a Joint Authority arrangement under which the fishery is to be under the management of a Joint Authority.
keep includes possess.
land includes foreshores and tidal and nontidal land.
leave includes put.
low water means the mean height of the lowest low water at spring tide.
management plan means a management plan in force under section 32 or 42.
marine plant see section 8.
material change of use see the Planning Act, section 10(1).
net means netting material used, or capable of being used, to take fish, and includes tackle and equipment used, or capable of being used, with a net.
net proceeds of sale of fisheries resources seized under this Act means the amount left from the proceeds of the sale of the fisheries resources after payment of—
(a) expenses incurred in—
(i) seizing the fisheries resources; and
(ii) transporting the fisheries resources from the place of seizure to the place of sale; and
(iii) performing any necessary treatment of the fisheries resources; and
(iv) storing the fisheries resources until delivery for sale; and
(v) selling the fisheries resources; and
(b) any other expenses prescribed under a regulation.
netting material includes material of any type formed into mesh.
non-indigenous fisheries resources means fisheries resources that—
(a) in relation to a particular area—do not fall in the category mentioned in this schedule, definition indigenous fisheries resources, paragraph (a); or
(b) without reference to a particular area—do not fall in the category mentioned in this schedule, definition indigenous fisheries resources, paragraph (b).
nontidal land includes land permanently or periodically submerged by waters not subject to tidal influence.
noxious fisheries resources means fisheries resources prescribed under a regulation or management plan to be noxious fisheries resources.
noxious substance means anything that—
(a) is harmful, or produces conditions that are harmful, to fisheries resources or fish habitats; or
(b) is prescribed under a regulation or management plan to be a noxious substance.
occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place.
offence against this Act, other than for section 220, includes an offence against the Planning Act so far as it relates to fisheries development.
operational work see the Planning Act, section 10(1).
owner, for a thing that has been seized under this Act means—
(a) if the chief executive is aware of the actual owner of the thing immediately before the seizure—the actual owner; or
(b) otherwise—a person who would be entitled to possession of the thing had it not been seized.
permit means a permit in force under this Act.
person in control includes—
(a) for a boat—the person who has, or reasonably appears to have, command or charge of the boat; and
(b) for a vehicle—the vehicle's driver or the person who reasonably appears to be the vehicle's driver.
place includes premises and a place on or in waters or on land, but does not include a vehicle or boat.
Planning Act means the Sustainable Planning Act 2009.
possess a thing includes—
(a) have custody or control of the thing; and
(b) have an ability or right to obtain custody or control of the thing.
premises includes—
(a) a building, wharf or other structure; and
(b) a part of a building, wharf or other structure; and
(c) land or waters where a building, wharf or other structure is situated.
prescribed aquaculture development see section 76A(b).
prescribed declared fish habitat area development see section 76A(a).
prohibited development see the Planning Act, schedule 3.
public place means a place that the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money.
quarantine declaration means a declaration in force under section 95(1), 96(1) or 97(1) declaring an area to be a quarantine area.
quota means a quota (within the meaning of section 9) in force under section 38, 42, 44(1), 48(1) or 61(1)(a).
register, when used as a noun, means the register the chief executive keeps under section 73(1).
registered interest, in an authority, means an interest in the authority that is noted on the register.
regulated fish means fish declared to be regulated fish by a regulated fish declaration.
regulated fish declaration see section 37(2).
regulated fishing apparatus declaration see section 37(3).
regulated fishing method declaration see section 37(4).
regulated waters declaration see section 37(5).
release includes place.
relevant amendment, for part 5, division 1A, see section 42A(1)(b).
relevant authority, for part 12, division 4, see section 240.
renew an authority (other than a permit) includes the renewal of a former authority made because of an application under section 56(2).
resource allocation authority means a resource allocation authority issued, and in force, under part 5, division 3, subdivision 2A.
self-assessable development see the Planning Act, schedule 3.
sell includes—
(a) sell by wholesale, retail or auction; and
(b) supply in trade or commerce or under an arrangement; and
(c) agree, attempt or offer to sell; and
(d) keep or expose for sale; and
(e) cause or permit to be sold.
serious fisheries offence means a fisheries offence prescribed under a regulation or management plan to be a serious fisheries offence.
shark control program see section 3A(3).
species of a fish or plant means a species, subspecies, hybrid, variant, race, mutation or geographically separate population of the animal or plant.
specified works see the Wild Rivers Act 2005, section 48.
stowed and secured has the meaning given under a regulation or management plan.
take fisheries resources includes—
(a) catch, gather, kill or obtain from water or land; and
(b) attempt to catch, gather, kill or obtain from water or land; and
(c) land (from a boat or in another way), bring ashore or tranship.
temporary quota transfer means a temporary transfer of an authority that is a quota.
temporary transfer see section 65C(1).
tidal land includes reefs, shoals and other land permanently or periodically submerged by waters subject to tidal influence.
trade or commerce includes—
(a) a business activity; and
(b) anything else done for gain or reward.
transfer, of an authority, includes—
(a) transfer by a joint holder of the authority, of all or part of the holder's interest in the authority, to the other joint holders of the authority; and
(b) if the authority is a quota relating to another authority—transfer by the holder of the quota, from the authority to which it relates, to another authority held by the same holder.
tribunal means QCAT.
unallocated tidal land means tidal land that is unallocated State land under the Land Act 1994, schedule 6.
unamended Act, for part 12, division 4, see section 240.
unlawfully means without authority under this Act or other legal authority, justification or excuse under an Act.
vehicle includes a caravan, trailer and aircraft, but does not include a boat.
VMS equipment means equipment used as part of a system that monitors the position and operation of a vessel.
watercourse see the Water Act 2000, schedule 4.
waterway includes a river, creek, stream, watercourse or inlet of the sea.
waterway barrier works means a dam, weir or other barrier across a waterway if the barrier limits fish stock access and movement along a waterway.
wild river area see the Wild Rivers Act 2005, schedule.
wild river high preservation area means a high preservation area under the Wild Rivers Act 2005.
wild river preservation area means a preservation area under the Wild Rivers Act 2005.