Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) Schedule 5, entry for the Fisheries Act 1994--
omit, insert--
| Column 1 Infringement notice offence | Column 2 Infringement notice fine (penalty units) | |
| s 70(1) | for a failure to return an authority within 7 days of-- | |
| (a) cancellation | 2 | |
| (b) suspension | 1 | |
| s 73(3) | 1 | |
| s 77(1) | (a) for a contravention of a regulated fishing apparatus declaration involving the sale, purchase, use or possession of a net that is commercial fishing apparatus | 10 |
| (b) for a contravention of a regulated fishing apparatus declaration if paragraph (a) does not apply | 5 | |
| (c) for a contravention of a regulated fishing method declaration | 5 | |
| s 77(2) | for a contravention of a regulated waters declaration by-- | |
| 4 | ||
| 8 | ||
| s 78(1) | for unlawfully taking or possessing a regulated fish by-- | |
| 2 | ||
| 4 | ||
| (b) a commercial fisher under the Fisheries Regulation 2008, or another person who may take, possess or sell fish for trade or commerce, involving-- | ||
| 4 | ||
| 8 | ||
| s 79 | 10 | |
| s 79A | for a contravention of a condition of an authority involving-- | |
| (a) boat marks | 3 | |
| (b) quota requirements | 5 | |
| (c) resource allocation | 5 | |
| (d) use of fishing apparatus | 10 | |
| s 82 | for unlawfully doing an act prescribed under a regulation or a management plan as an act that may be done only by the holder of an authority-- | |
| (a) if the act is done by a recreational fisher under the Fisheries Regulation 2008 | 2 | |
| (b) if the act is done by a commercial fisher under the Fisheries Regulation 2008 | 10 | |
| s 87(1) | 10 | |
| s 88B(2) | 10 | |
| s 118(4) | for a contravention of a requirement under the following provisions, if section 118(4), penalty, paragraph (b) applies to the contravention-- | |
| (a) section 118(1)(a)-- | ||
| 4 | ||
| 8 | ||
| (b) section 118(1)(b) | 4 | |
| s 122 | 10 | |
| s 123(b) | 10 | |
| s 125(3) | 10 | |
| s 173(2) | 1 | |
Authorised person for service of infringement notices--an inspector under the Fisheries Act 1994, section 140'.
(2) Schedule 5, entry for the Fisheries Regulation 2008--
omit, insert--
| Column 1 Infringement notice offence | Column 2 Infringement notice fine (penalty units) | |
| s 620(1) | 2 | |
| s 621(1) | 2 | |
Authorised person for service of infringement notices--an inspector under the Fisheries Act 1994, section 140'.
(3) Schedule 5, entry for the Integrated Planning Act 1997, part 2, entry for s 4.3.1(1)--
insert--
| '8AA | If the assessable development carried out-- | |
| (a) is assessable under the Fisheries Act 1994; and | ||
| (b) relates to aquaculture, a declared fish habitat area or is the removal, damage or destruction of marine plants | 10'. |
(4) Schedule 5, entry for the Integrated Planning Act 1997, part 2, entry for s 4.3.1(1), paragraph 8B, '8A'--
omit, insert--
'8AA'.
(5) Schedule 5, entry for the Integrated Planning Act 1997, part 2, entry for s 4.3.2(1), after paragraph 9--
insert--
| '9AA | If the self-assessable development carried out is self-assessable under the Fisheries Act 1994 | 10'. |
(6) Schedule 5, entry for the Integrated Planning Act 1997, part 2, entry for s 4.3.2(1), paragraph 9A, 'paragraph 9 does'--
omit, insert--
'paragraphs 9 and 9AA do'.
(7) Schedule 5, entry for the Integrated Planning Act 1997, part 2, entry for s 4.3.3(1), after paragraph 18--
insert--
| '18AA | For a contravention of a condition in a development approval for which the chief executive administering the Fisheries Act 1994 is the assessment manager or a concurrence agency | 10'. |
(8) Schedule 5, entry for the Integrated Planning Act 1997, part 2, entry for s 4.3.3(1), paragraph 18A, 'paragraphs 10 to 18'--
omit, insert--
'paragraphs 10 to 18AA'.
(9) Schedule 5, entry for the Integrated Planning Act 1997, part 2, authorised person for service of infringement notice entry--
insert--
'(c) an authorised officer appointed under the Fisheries Act 1994, section 140, for an offence against--
(i) section 4.3.1(1) as limited by the description relating to that section in part 2, column 1, paragraph 8AA; or
(ii) section 4.3.2(1) as limited by the description relating to that section in part 2, column 1, paragraph 9AA; or
(iii) section 4.3.3(1) as limited by the description relating to that section in part 2, column 1, paragraph 18AA'.
