Spear fishing is permitted in tidal waters so long as you don't use tanks and is in a permitted area... However it is porhibitited in all fresh water waterways and still water...
Fishing gear - fresh waters:
http://www.dpi.qld.gov.au/28_3023.htm
Spear Fishing - Tidal waters:
http://www.dpi.qld.gov.au/28_3696.htm
Tidal waters closed spear fishing:
Spearfishing
Spear guns and spears must not be used to take fish while using or wearing underwater breathing apparatus other than a snorkel.
Spearfishing for barramundi is prohibited between 6pm and 6am. Spearfishing is prohibited in all fresh waters
Spearfishing is prohibited in the following tidal areas (for precise boundaries consult the
Fisheries Regulation 2008):
- Bargara Beach (Bundaberg): the Basin.
- Brampton and Carlisle Islands: waters between the islands.
- Cape Edgecumbe: the foreshores and waters seaward 50 m from low water mark from the boat ramp in Greys Bay around Cape Edgecumbe to the eastern headland of Horseshoe Bay.
- Cooktown: within 100 m of the main wharf and pontoons.
- Dungeness and Lucinda Point: within 100 m of the public jetties.
- Dunk Island: the north-western and western sides.
- Great Keppel Island:the north western, western and southern sides.
- Hayman Island: the southern and western sides.
- Hook Island: the eastern, south-eastern and southern sides.
- Lake Weyba (Noosa River): and waterway adjoining the lake and river downstream of Parkyns Jetty at Tewantin and the western tip of Goat Island.
- Lindeman Island: the western and southern sides.
- Long Island: the western side.
- Maroochy River: waterways joining it downstream of, and including, the Cod Hole.
- Mooloolah River: downstream of the Nicklin Way Bridge and Brisbane Road.
- Artificial reef area Moreton Island near Cowan Cowan.
- Noosa River: within 100 m of all public jetties in and south of the Noosa River.
- North Keppel Island: the western and southern sides.
- Port Dennison: waters under, or within 100 m of, the main wharf at Port Dennison, Bowen, and a structure attached to the wharf.
- Pumicestone Strait: between a line from Elimbah Creek to Gallagher Point, Bribie Island and a line from Ninghi Creek to Dux Creek, Bribie Island.
- Pumicestone Strait: north of a line from Bells Creek to the northern tip of the most northern island of a group of islands east of Bells Creek, to the western side of Bribie Island.
- Richards Island (Bedarra Island): the north-western and northern sides.
- Seaforth Island.
- Southern Moreton Bay: Jumpinpin and the Southport Broadwater including the seaway Moreton Bay south of 27º42' S (Logan River).
- South Molle Island: the northern side.
- Tallebudgera Creek: upstream of a straight line between the eastern extremity of Burleigh Heads and the seaward end of the rock groyne near its southern bank of the creek end.
- West Molle Island (Daydream Island): surrounding waters.
- Woodgate: in the vicinity of the artificial reef, Hervey Bay.
- Woody Island: in the vicinity of the artificial reef at the northern end of Great Sandy Strait.
(All imformation supplied by QLD DPI 2012)
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