Spearfishing with a mini scuba tank in Australia: what each state allows

We get the question every season: can I take my speargun and a mini tank and stay down longer? In most of Australia the answer is no, and the fines are real.

The reason is simple. State fishing rules talk about "underwater breathing apparatus", and they define it as any artificial breathing gear other than a snorkel. A refillable mini tank is exactly that, whatever its size. The rules that apply to a full scuba set apply to a 0.5 L tank too.

The rules, state by state

Checked against each state's fisheries authority in October 2026.

State	Spearfishing with a tank	What the official source says
Queensland	No	You cannot use underwater breathing apparatus other than a snorkel to take fish, in tidal or fresh waters.
New South Wales	No, for fish	Snorkel only when taking fish. Scuba is only allowed for taking scallops and sea urchins. Hookah is not allowed.
Northern Territory	No	No scuba or hookah while spearfishing, and no speargun in your possession while using breathing apparatus.
South Australia	No	You must not carry a spear or speargun while using scuba, hookah or any other breathing apparatus. Maximum penalty: $2,500.
Western Australia	In places	Spearfishing on compressed air is prohibited in some marine parks, including Ningaloo and Shark Bay. Check the zone before you go in.
Victoria	No statewide ban found	Spearguns are banned in marine national parks and sanctuaries, within 30 m of a jetty or a river mouth, and can never be used for rock lobster.
Tasmania	No ban in the current guide	Spears and spearguns are allowed for most scalefish, never for rock lobster or abalone.

Where the table says no ban was found, that is what the current official guide shows. It is not a green light everywhere: marine parks, sanctuaries and local closures add their own rules, and a licence may be needed.

What you can still do with a tank

None of these rules stop you using a tank for other things.

• Rock lobster by hand. Victoria and Tasmania both allow rock lobster to be taken by hand on scuba, with a licence where required, size limits and closed seasons. Spears, nooses and gaffs are out for lobster in both states.
• Scallops and sea urchins in NSW. Scuba is permitted for these two.
• Looking, not taking. Snorkelling a reef with a tank, filming, or checking your boat's hull and prop is not fishing, so the spearfishing rules do not come into it.

Mixing a speargun and a tank is a bad idea anyway

Spearfishing pulls you down and makes you work hard. A struggling fish, a line around your arm, a chase to the bottom: all of it burns air fast. Our tanks are made for short time near the surface. The OX2000 gives 20 to 25 minutes at rest near the surface, the OX1000 around 15, the 0.5 L tanks up to 8, and every one of those numbers drops quickly with effort and depth.

Freedivers learn their limits on a single breath. The spearfishing rules were written with that in mind, and they make sense.

Before you go in

1. Check the current recreational fishing guide for your state. Rules change, and the table above is a snapshot.
2. Check the marine park zoning for the exact spot. Sanctuary and green zones usually mean no fishing at all.
3. If you dive with a tank, leave the speargun on the boat. In the Northern Territory and South Australia, simply having one with you while using breathing apparatus is the offence.
4. Follow the usual tank rules: stay near the surface, breathe continuously, never hold your breath on the way up. Our safety guide covers them.

Sources

• Queensland Government, Fishing gear rules
• NSW Department of Primary Industries, Recreational Spearfishing Guide
• Northern Territory Government, Rules for spearfishing
• South Australia, Fisheries Management (General) Regulations 2017 and PIRSA, Spear guns
• Western Australia DPIRD, Recreational fishing guide 2026
• Victorian Fisheries Authority, Using equipment in marine waters
• Tasmania, Recreational Sea Fishing Guide 2025-26

This guide is general information, not legal advice. When in doubt, call your state fisheries office before the trip.