South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Declaration of aquatic reserves
   5.      Application of 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 2--Fisheries Council of South Australia

   11.     Establishment of Council
   12.     Presiding member and deputy presiding member
   13.     Terms and conditions of membership
   14.     Vacancies or defects in appointment of members
   15.     Remuneration
   16.     Functions of Council
   17.     Council's procedures
   18.     Annual strategic plan
   19.     Annual report

           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.     Duty of Council to prepare 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.     Applications for licences, permits 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

   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--Appeals

   112.    Appeal to District Court against decision of Minister
   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--Repeals and transitional provisions
           SCHEDULE 2--Related amendments
           Legislative history