1995 —No. 14 (NSW)
1995 —No. 14
JUSTICES ACT 1902—REGULATION
(Justices (Short Descriptions of Fisheries Offences) Regulation 1995)
NEW SOUTH WALES
[Published in Gazette No. 3 of 13 January 1995]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.
Minister for Agriculture and Fisheries.
Citation 1. This Regulation may be cited as the Justices (Short Descriptions of
Fisheries Offences) Regulation 1995.
Commencement
2. This Regulation commences on the commencement of the Fisheries Management Act 1994.
Short descriptions of offences
3. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite it in Column 2 of the Schedule.
(2) If a choice of words is indicated in Column 2 of the Schedule, the words remaining after the omission of words irrelevant to the offence constitute the prescribed expression.
(3) In this Regulation, a reference to a provision in Schedule 1 in
relation to an offence is a reference to that provision as in force at the
time the offence is alleged to have occurred.
1995—No. 14
SCHEDULE l
(Cl. 3)
Column l Column 2
| Offence under Fisheries Management Act | Prescribed expression |
| 1994 | |
| Section 14 (1)—take fish in contravention of a fishing closure | take fish contrary to fishing |
closure
| Section 14 (2)—be in possession of fish taken in contravention of a fishing | possess fish taken contrary to fishing closure |
closure
| Section 16 (1 )—have in possession | possess prohibited size fish |
prohibited size fish
| Section 16 (2)—sell prohibited size fish | sell prohibited size fish |
| Section 17 (2)—take on any one day more fish than the daily limit | take more fish than daily |
limit
| Section 18 (2)—have in possession in specified circumstances more than the | possess more than maximum quantity of fish |
maximum quantity of fish
| Section 19 (2)—take protected fish | take protected fish |
| Section 19 (3)—have protected fish in possession | possess protected fish |
| Section 20 (2)—take any fish protected from commercial fishing for sale | take commercial protected fish |
for sale
| Section 20 (3)—sell any fish protected from commercial fishing | sell commercial protected fish |
| Section 22 (2)—use unregistered fishing gear of a class which is registrable | use unregistered fishing gear |
| Section 24 (1)—in absence of regulation permitting that use, use net or trap for | unlawful use of net/trap |
| Section 25 (1)—be in possession of fishing gear in or on or adjacent to waters, if | possess fishing gear in/on/ adjacent to closed waters |
use of fishing gear to take fish from when use of that gear/ those waters is prohibited, or taking fish taking of fish prohibited from those waters is prohibited
| Section 35 (1)—be in possession of fish taken in contravention of a provision of | possess fish illegally taken |
| Section 39 (2)—fail to remove anything on a recognised fishing ground which is | fail to remove obstruction on fishing ground after |
obstructing commercial net fishing after direction being directed by a fisheries officer to
do so
1995—No. 14
| Section 65 (l)—being a shareholder, contravene a provision of a management | shareholder contravenes |
provision of management
| plan for a share management fishery Section 65 (1)—shareholder whose | plan |
nominee shareholder’s nominee
contravenes a provision of a management contravenes management
| plan for a share management fishery Section 87 (4)—without reasonable excuse, | plan |
fail to appear/fail to attend
fail to attend when summonsed to appear from day to day at hearing at a hearing to give evidence or fail to attend from day to day unless excused or released from a summons to appear at a hearing to give evidence
| Section 87 (5)—being a person appearing at a hearing to give evidence, without | refuse/fail to comply with requirement to take oath or |
reasonable excuse, refuse or fail to make affirmation/answer comply with requirement to take an oath question/produce document or make an affirmation, answer a question, or produce a document
| Section 88 (2)—without reasonable excuse, refuse or fail to comply with a notice to | refuse/fail to comply with notice to produce |
attend and produce documents documents
| Section 102 (1)—take fish for sale from waters to which the Act applies when | take fish for sale when unlicensed |
unlicensed
| Section 104 (7)—contravene any condition of a commercial fishing licence | contravene condition of commercial fishing licence |
| Section 107 (1)—being the master of an unlicensed boat, use the boat to take | use unlicensed boat to take fish for sale/land fish |
Act applies, or to land fish in New
fish for sale from waters to which the waters
| Section 108 (7)—contravene any condition of a boat licence | contravene condition of boat |
licence
| Section 110 (9)—being the master of a licensed fishing boat, carry unregistered | carry unregistered crew |
| Section 117 (1)—being an unregistered fish receiver, receive fish for resale or other | unregistered fish receiver |
1995—No. 14
| Section 118 (7)—being a registered fish receiver, contravene any condition of | contravene condition of fish receiver registration |
registration
| Section 119 (3)—being a registered fish receiver, refuse or fail, without | as fish receiver, refuse/fail to give information/keep |
reasonable excuse, to give information or records keep records as prescribed
| Section 121—being a commercial fisher, | fail to make catch record |
fail to make a record as prescribed of all fish taken by the commercial fisher
| Section 122—being | a commercial fisher, | fail to send catch record to |
fail to send a copy of catch record to Director
| the Director within prescribed period Section 123 (1) | (a)—being a person who | fail to deliver record of sale |
sells fish, fail to make and deliver to to purchaser the purchaser on or before the sale a
prescribed record of the sale
| Section 123 (1) (b)—being a person who sells fish, fail to retain a copy of the | fail to retain record of sale for 12 months |
prescribed record of sale for 12 months
after the sale
| Section 123 (1) (c)—being a person who | fail to produce record of sale |
sells fish, fail, during a 12 month period, to produce a copy of the prescribed record of sale when requested
to do so by a fisheries officer
| Section 123 (2) (a) (i)—being a person who sells fish, fail to make, before the | fail to make record of |
possession
sale, a prescribed record concerning the
possession by the person of the fish
| Section 123 (2) (a) (ii)—being a person who sells fish, fail to obtain, on or | fail to obtain record of possession |
before the sale, from any other person
from whom the person acquired the fish,
a prescribed record concerning thepossession by the person of the fish
| Section 123 (2) (b)—being a person who sells fish, fail to retain a prescribed | fail to retain record of possession for 12 months |
record concerning the possession by the
person of the fish for 12 months aftersale
| Section 123 (2) (c)—being a person who sells fish, fail, during a 12 month | as seller, fail to produce record of possession |
period, to produce a prescribed record
concerning the possession by the person
of the fish when requested to do so by
a fisheries officer
| Section 123 (3)—being a person in possession of a prescribed quantity of | fail to produce record of possession |
fish, fail to produce a prescribed record concerning the possession by the person of the fish when requested to do so by a fisheries officer
| Section 124—make an entry in a fish record, or copy, knowing that the entry | make false/misleading entry in fish record |
is false or misleading
| Section 144 (1)—undertake aquaculture without an aquaculture permit | undertake aquaculture without |
permit
| Section 152 (3)—contravene a condition of an aquaculture permit | contravene condition of aquaculture permit |
| Section 155—being the holder of an aquaculture permit, fail to give Minister, | fail to notify change in particulars by lessee |
within 28 days after a change in the business address of the permit holder, any director of the body corporate or any other prescribed matter, particulars of that change
| Section 170 (3)—erect fence on a leased area otherwise than in accordance with | fence leased area without authority |
an authority of the Minister or a
condition of such authority
| Section 171 (3)—being a former lessee of an expired lease, fail without reasonable | fail to remove improvements on expired lease |
excuse when required by the Minister
within 1 year after the termination of a lease to remove improvements on the
lease within the period notified
| Section 179 (1) (a)—remove, or in any way injure or interfere with, any fish | remove/injure/interfere with |
or fish or vegetation within
marine vegetation cultivated within a leased area/thing used for leased area or any thing used for the aquaculture on leased area purpose of aquaculture on a leased area
without the consent of the lessee
| Section 179 (1) (b)—deposit anything on a leased area or dredge or dig within a | deposit thing od/dredge/dig within leased area without |
leased area without the direction or authority
| authority of the lessee or the Minister Section 183 (5)—without reasonable excuse,. | contravene quarantine order |
contravene provision of an order
declaring a quarantine area
| Section 184—intentionally or recklessly communicate a declared disease to live | intentionally/recklessly communicate a disease to |
fish or marine vegetation live fish/vegetation
1995—No. 14
| Section 185—sell any fish or marine vegetation (whether live or dead) | sell infected fish/marine vegetation |
knowing or with reason to suspect that
it is infected with a declared disease
| Section 186—deposit in any waters any fish or marine vegetation (whether live | deposit infected fish/marine vegetation |
or dead) knowing or with reason to
suspect that it is infected with adeclared disease
| Section 190 (2)—take oysters from any public water land without authority | take oysters without authority |
| Section 200 (1)—being a local government authority, carry out dredging or | local government authority dredging/reclaiming without |
reclamation work in any waters without permit a permit
| Section 201 (1)—carry out dredging or reclamation work in any waters without | carry out dredging/reclamation work without permit |
a permit
| Section 205—cut, remove, damage or destroy marine vegetation on public | cut/remove/damage/destroy marine vegetation on public |
water land or aquaculture lease, or on water land/aquaculture the foreshore of any such land or lease lease/foreshore without without a permit permit
| Section 206 (1)—damage gravel beds in any waters knowing that it is a place | damage gravel beds where salmon/trout spawn/are |
where salmon or trout spawn or are likely to spawn likely to spawn
| Section 207 (2)—wilfully take or disturb salmon, trout or other prescribed fish | take/disturb salmon/trout prescribed fish while |
knowing that they are spawning or are spawning/on or near on or near their spawning beds spawning beds
| Section 210 (1)—sell live noxious fish without a permit | sell live noxious fish without |
permit
| Section 211 (1 )—possess live noxious fish without a permit issued by the Minister | possess live noxious fish without permit |
or an aquaculture permit
| Section 2 16 (l )—release live fish into any waters without a permit | release live fish without |
permit
| Section 217 (1 )—bring into New South Wales without a permit live fish of a | import live fish without |
permit
species not taken from New South Wales
waters
| Section 217 (2)—sell, buy or have | sell/buy/possess live fish |
possession of fish knowing that the fish imported without permit has been brought into New South Wales
in contravention of this section
| Section 219 (1)—set a net, netting or other material or otherwise create an | obstruct fish in bay/inlet/river/ |
creek/flat
obstruction across or within a bay, inlet, river or creek or across or around a flat so that fish will or could be blocked
and left stranded or immature fish will
or could be destroyed or the free
passage of fish will or could beobstructed
| Section 247 (1)—without reasonable excuse, | resist/obstruct fisheries officer |
resist or obstruct a fisheries officer in the exercise of the officer’s functions
| Section 247 (2)—assault, abuse or threaten a fisheries officer | assauIt/abuse/threaten fisheries |
officer
| Section 247 (2)—encourage another person to assault, abuse or threaten a fisheries | encourage person to assault/ abuse/threaten fisheries |
officer officer
| Section 247 (3)—impersonate a fisheries | impersonate fisheries officer |
officer
| Section 248 (4)—being a master of a boat, without reasonable excuse, fail to comply | fail to assist in boarding and search of boat |
with a requirement of a fisheries officer
under this section relating to assisting
the officer to board the boat for the
purposes of a search, and to take theboat to a specified place
| Section 249 (3)—without reasonable excuse, fail to comply with a requirement of a | fail to comply with requirement to remove gear |
fisheries officer under this section from water relating to removing fishing gear from
the water
| Section 251 (2)—being a person in control of a vehicle, fail to comply with a | fail to comply with requirement to move |
requirement of a fisheries officer to take vehicle for search the vehicle to a specified place for the
purpose of a search if it is not
reasonably practicable to carry out the
search where the vehicle is stopped
| Section 256 (4)—fail to comply with a requirement of a fisheries officer under | fail to comply with requirement to produce |
this section to produce records and records/answer questions answer questions relating to commercial
fishing activities and fish receivers
| Section 257 (4)—without reasonable excuse, fail to comply with a requirement of a | fail to comply with requirement to produce |
fisheries officer under this section to authority produce for inspection appropriate fishing
authority
1995—No. 1 4
| Section 258 (2)—without reasonable excuse, fail to comply with a requirement of a | fail to comply with |
requirement to provide
fisheries officer under this section to information provide information
| Section 259 (1)—make any statement, provide any information or produce any | make statement/provide information/produce |
document in connection with a document that is false/ requirement under Part 9 that the person misleading knows is false or misleading in a
material particular
Offences under Fisheries Management
(General) Regulation 1995
| Clause 65 (1) (a)—not being a commercial fisher, take or attempt to take fish in | set/use/lift more than 4 hand |
lines
any waters (other than inland waters) by
setting, using or lifting more than 4hand held lines
| Clause 65 (1) (b)—not being a commercial fisher, take or attempt to take fish in | set/use/lift hand line with more than 3 hooks/3 gangs |
any waters (other than inland waters) by of hooks setting, using or lifting any hand held
line with more than 3 hooks or 3 gangs
of hooks attached
| Clause 65 (1) (b)—not being a commercial fisher, take or attempt to take fish in | set/use/lift hand line with more than 3 treble hooks |
any waters (other than inland waters) by on lure setting, using or lifting any hand held
line with more than 3 treble hooks
attached to a lure
| Clause 65 (1) (c)—not being a commercial fisher, take or attempt to take fish in | set/use/lift hand line with more than 5 ganged hooks |
any waters (other than inland waters) by
setting, using or lifting any hand held
line with a gang of hooks whichcomprises more than 5 hooks attached
| Clause 65 (3) (a)—being a commercial fisher, take or attempt to take fish in | set/use/lift more than 10 set |
lines
any Ocean waters or estuarine waters by setting, using or lifting more than 10 set lines
| Clause 65 (3) (b)—being a commercial fisher, take or attempt to take fish in | set/use/lift set line with more than 6 hooks |
any Ocean waters or estuarine waters by setting, using or lifting any set line with more than 6 hooks attached
1995—No. 14
Clause 65 (6)—for the purpose of taking fish (other than salmon or trout), set,
set/use/lift set line/hand line
when unauthorised
use or lift in any inland waters a set
line or hand held line, except aspermitted by this subclause
Clause 66 (1)—leave hand held line leave hand line unattended unattended when taking or attempting to
take fish from any inland waters
Clause 67 (1) (a)—being a commercial fisher, take fish in any waters (other set/use/lift drift line with more than l hook than inland waters) by setting, using or lifting a drift line to which is attached more than 1 hook, unless each hook is part of a gang of hooks
Clause 67 (1) (b)—being a commercial fisher, take fish in any waters (other
set/use/lift drift line with
more than 1 gang of hooks
than inland waters) by setting, using or lifting a drift line to which is attached more than 1 gang of hooks
Clause 67 (1) (c)—being a commercial fisher, take fish in any waters (other
set/use/lift drift line with gang
of more than 5 hooks
than inland waters) by setting, using or
lifting a drift line to which is attached a
gang of hooks comprising more than 5hooks
Clause 67 (1) (d)—being a commercial fisher, take fish in any waters (other
set/use/lift drift line with
another drift line attached
than inland waters) by setting, using or lifting a drift line to which is attached another drift line
Clause 67 (2)—being a commercial fisher, take fish in any waters (other than
set/use/lift more than 30 drift
lines
inland waters) by setting, using or lifting
more than 30 drift lines
Clause 67 (3)—being a commercial fisher, take fish in any inland waters by setting,
as
commercial
fisher,
set/use/lift
lift drift line in inland
using or lifting a drift line waters Clause 67 (4)—not king a commercial fisher, take fish in any waters by setting,
as recreational fisher, set/use/
lift drift line in any waters
using or lifting a drift line
Clause 68 (1)—place or set any net or other fishing gear, or use or lift any set
place/set/use/lift fishing gear not properly identified
net or other set fishing gear, in or on
any waters, unless the net or gear is
identified in accordance with subclause
(2) or (3)
1995—No. 14
| Clause 69 (1 )—take or attempt to take fish by any method while using any | take/attempt to take fish while |
scuba diving
apparatus capable of supplying air to
facilitate breathing underwater
| Clause 70 (1 ) (a)—use a spear gun to take fish in inland waters | use spear gun in inland |
waters
| Clause 70 (1) (b)—use a spear gun to take fish in any of the waters described in | use spear gun in Schedule 4 |
waters
Schedule 4
| Clause 70 ( 1) (c)—use a spear gun aided by lights to take fish in any waters | use spear gun aided by lights |
| Clause 71 (l )—take or attempt to take fish in any waters by means of a firm | take/attempt to take fish by |
firearm
| Clause 72 (1)—take or attempt to take rock lobster by any method other than by | take/attempt to take lobster other than by hand |
hand picking (whether or not while
wearing a glove)
| Clause 73 (1)—take or attempt to take any yabby (pink nippers), squirt worms, | take/attempt to take intertidal invertebrate by unauthorised |
blood worms, beach worms, pipis or any method other intertidal invertebrate from a rock platform by any method other than use of a single blade knife with a blade
longer than it is wide, or from any
other place by any method other than
the methods prescribed by paragraphs (a)
to (e)
| Clause 74 (1)—being a recreational fisher, take or attempt to take shellfish by | as recreational fisher, take/ attempt to take shellfish by |
| means of a dredge or similar device Clause 74 (2)—being a commercial fisher, | dredge |
take/attempt to take shellfish
take or attempt to take shellfish by by dredge from non-ocean means of a dredge or similar device waters from any waters (other than ocean
waters) unless authorised to do so by a
permit
| Clause 74 (3)—being a commercial fisher, take or attempt to take shellfish by | take/attempt to take shellfish with oversize dredge |
means of a dredge if the overall width of the dredge (or the overall width of any combined dredges joined together) exceeds 3.5 metres
| Clause 74 (4)—being a commercial fisher, take or attempt to take shellfish by | take/attempt to take shellfish by more than l dredge |
means of more than l dredge or similar device, or more than one combination of dredges or similar devices, from a boat
at any one time
1995—No. 14
| Clause 75 (2)—take or attempt to take fish by the method of jagging | take/attempt to take fish by |
jagging
| Clause 76 (1)—take or attempt to take Atlantic salmon or trout from any waters | take/attempt to take salmon/ trout from waters by |
(other than the backed up waters of a unauthorised method dam or an impoundment) by any method
other than the use of a single rod and
line with not more than 2 hooks
attached, or 3 treble hooks, or 3 double
hooks, attached to a lure
| Clause 76 (2)—take or attempt to take Atlantic salmon or trout from the backed | take/attempt to take salmon/ trout from dam/ |
up waters of a dam or an impoundment impoundment by by any method other than the use of not unauthorised method more than 2 rods and lines, each with not more than 2 hooks attached, or 3 treble hooks, or 3 double hooks, attached
to a lure
| Clause 76 (3)—use a light to take Atlantic salmon or trout | use light to take salmon/trout |
| Clause 77—take or attempt to take in any waters blue, brown or red groper by any | take/attempt to take groper by |
unauthorised method
method other than by the use of a rod
and line or a handline
| Clause 78 (1)—sell a commercial net to another person unless satisfied that the | sell commercial net to unauthorised person |
person is the holder of a commercial
fishing licence or a permit under thisclause
| Clause 78 (2)—being a person who sells a commercial net, fail to make a record of | sell commercial net without making record of sale |
the sale containing the date of sale, a
description of the net and its registration
number, and the licence or permit
number of the person to whom the netwas sold
| Clause 78 (3)—being a person who sells a commercial net, fail to retain the record | fail to retain and produce record of sale of |
referred to in subclause (2) for 5 years commercial net after the net was sold and fail, during
that 5 year period, to produce the record
when requested to do so by a fisheries
officer
| Clause 79—attempt to take fish contrary to the rights of priority between fishers | attempt to fish contrary to rights of priority |
determined by Part 4 after being directed not to do so by a fisheries officer or by another fisher
| Clause 80—being a commercial fisher, use a net or other fishing gear contrary to | use fishing gear contrary to |
Part 4
the provisions of this Part
| Clause 106—drive, ride or use a boat, surfboard, water ski, aquaplane or similar | drive/ride/use boat/surfboard/ water ski/aquaplane/ |
equipment in any waters on a recognised equipment in manner fishing ground in such a manner and in causing dispersal of fish such proximity to the ground as is likely
to cause the dispersal of schooling fish,
or fish travelling in a school or shoal,
after being directed to cease doing so by
a fisheries officer
| Clause 106—drive, ride or use a boat, surfboard, water ski, aquaplane or similar | drive/ride/use boat/surfboard/ water ski/aquaplane/ |
equipment in any waters in a manner equipment in manner that unreasonably interferes with the interfering with commercial operations of a commercial fisher fishing lawfully fishing in those waters or
waiting to carry on lawful fishing in
those waters, after being directed to
cease doing so by a fisheries officer
| Clause 107 (1)—without reasonable excuse, interfere with any set fishing gear | interfere with set fishing gear |
| Clause 109—without reasonable excuse, wilfully disturb fish in the vicinity of a | disturb fish in vicinity of commercial fisher |
commercial fisher using a net or other
fishing gear on a recognised fishingground
| Clause 110 (2)—without lawful excuse, refuse or neglect to comply with the | refuse/neglect to move from fishing position |
lawful requirement of a commercial
fisher using a line (other than a drift
line) in any waters to move to another
position (not more than 50 metresdistant) that the fisher indicates
| Clause 118 (1)—being a person who takes rock lobster from any waters, fail to | fail to attach tag to rock |
lobster
attach approved tag to the rock lobster
as soon as practicable after the rock
lobster is taken, in such a manner that
the tag cannot be removed without beingbroken
| Clause 118 (3)—possess a rock lobster in or on or adjacent to any waters which | possess rock lobster without tag in/on/adjacent to waters |
does not have a tag attached to it in
such a manner that it cannot be removed
without being broken
1995—No. 14
Clause 120 (1 )—take or attempt to take any fish from inland waters with a lure
take/attempt to take fish with
live fin fish/exotic fish/
or bait that is a live fin fish or any fish trout roe/salmon roe/trout or any part of a fish not native to the or salmon roe product waters of New South Wales or trout or
salmon roe or any product containing
trout or salmon roeClause 120 (2)—take or attempt to take salmon or trout with any lure or bait
take/attempt to take salmon/
trout with unauthorised
other than natural flies or insects or lure/bait their larvae; worms, shrimps, yabbies or mussels; artificial lures or baits; or plant matter
Clause 120 (3)—being a person fishing in inland waters, fail to produce, on
fail to produce lure/bait on demand by officer
demand of a fisheries officer, a lure or
bait being used by that person
Clause 121 ( 1 )—take or attempt to take any octopus from any rock platform in
take/attempt to take octopus from rock platform/waters
ocean waters or the waters of Port of Port Jackson Jackson Clause 122 (1)—shuck any intertidal shuck intertidal invertebrate invertebrate (other than abalone, rock in/on/adjacent to waters lobster or turban snail) in or on or except bait adjacent to any waters except for
immediate bait useClause 122 (2)—shuck rock lobster or turban snail in or on or adjacent to any
shuck rock lobster/turban snail
inlordadjacent to waters
waters
Clause 123 (1 )—being a commercial fisher who is authorised to take fish for sale
as
commercial fisher, shuck
abalone in unauthorised
in the abalone fishery, shuck abalone at place any place other than a place approved by the Director or premises registered under the regulations made under the Export Control Act 1982 of the
Commonwealth
Clause 123 (2)—not being such commercial fisher, shuck abalone in or on or
as
recreational fisher, shuck
abalone in/on/adjacent to
adjacent to any waters waters
Clause
124 ( 1 )—without reasonable excuse, mutilate any fish of a class specified in
mutilate fish in/on/adjacent to
waters in unauthorised
clause 7 (Prohibited size fish) in or on manner or adjacent to waters in any manner
other than by gutting or removing the
gills or scales
1995—No. 14
Clause 124 (2)—deliver or consign for sale any fish of a class specified in clause 7
deliver/consign for sale fish mutilated in unauthorised
(Prohibited size fish) which has been manner mutilated in any manner other than by gutting or removing the gills or scales
Clause 125 (1)—take or sell or have in possession a crayfish, shovel-nosed
take/sell/possess crayfish/
shovel-nosed lobster/rock
lobster, rock lobster or crab, carrying lobster/crab carrying ova ova externally externally
| Clause 125 (2)—have in possession a crayfish, shovel-nosed lobster, rock | possess crayfish/shovel-nosed | |
|
lobster, or crab, from which spawn or with ova/spawn removed
| ova have been deliberately removed Clause 157 (1)—being the holder of a | fail to make/cause to be made |
fishing boat licence, fail to make or record of crew member cause to be made, in respect of a person
who is a crew member on the boat, a
record containing the prescribed
information
| Clause 157 (2) (a)—being the holder of a fishing boat licence, fail to keep or | fail to keep/cause to be kept |
crew record for 5 years
cause to be kept the record referred to in clause 157 ( 1) on the licensed boat concerned for a period of 5 years after the crew member concerned ceases to be
engaged by the holder of the fishingboat licence
| Clause 157 (2) (b)—being the holder of a fishing boat licence, fail to produce the | fail to produce record of crew |
member
record referred to in clause 157 (1)
during that 5 year period when requestedto do so by a fisheries officer
| Clause 158 (2)—being a registered crew member, fail to comply with a | as crew member, fail to keep |
records of registration
requirement under this clause to make and keep such records as the Director may, by notice in writing, require in
connection with the crew member's
registration
| Clause 159—make, or cause to be made, an entry in a record kept for the | make/cause to be made false/ |
misleading entry in crew
purposes of this Division knowing that record the entry is false or misleading in a
material particular
| Clause 19 l—sell a whole eastern rock lobster, or the tail of an eastern rock | sell whole eastern rack |
lobster/tail of eastern rock
lobster, which does not have a tag lobster without tag attached to it in such a manner that the
tag cannot be removed without being
broken
Offences under Fisheries Management
(Aquaculture) Regulation 1995
| Clause 49 (1)—being an aquaculture lessee, fail to mark out, within 30 days after | fail to mark boundaries of |
lease
the beginning of the lease or within
such further period as the Minister may
allow, the boundaries of the area leasedin accordance with this clause
| Clause 49 (6)—being an aquaculture lessee, fail to ensure that the boundaries of the | fail to maintain marked |
boundaries of lease
leased area continue to be marked as
required by this clause for the durationof the lease
| Clause 49 (7)—mark out an area of public water land as an aquaculture farm, or in | unlawfully mark out |
aquaculture lease
a way that is likely to lead persons to believe that the area is an aquaculture farm, unless the person is the lessee of
| the area or is authorised by the lessee Clause 50 (5)—being an aquaculture lessee, | fail to maintain marked boat |
fail to ensure that, while a direction channel under this clause remains in force in
relation to a boat channel, the channel
continues to be marked as required by
that clause for the duration of the
aquaculture lease concerned
| Clause 51 (7)—being an aquaculture lessee, fail to ensure that the markings required | fail to maintain marked access |
way
by this clause are maintained for the
duration of the term of the aquaculture
lease concerned, unless the access way isterminated before that lease is terminated
Offences under Fisheries Management
(Aquatic Reserves) Regulation 1995
LONG REEF
| Clause 8 (1) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from Long Reef Reserve |
| Clause 8 (1) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather marine vegetation from |
Reserve Long Reef Reserve
| Clause 8 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in Long Reef Reserve |
| Clause 8 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with marine vegetation in Long |
Reserve Reef Reserve
1995—No. 14
SHIPROCK
| Clause 11 (1) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from Shiprock Reserve | ||
| Clause 11 (1) (b)—gather or attempt to gather marine vegetation from the |
|
Reserve Shiprock Reserve
| Clause 11 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in Shiprock Reserve |
| Clause 11 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with |
| marine vegetation in |
Reserve Shiprock Reserve
JULIAN ROCKS
| Clause 14 (1 ) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from Julian Rocks Reserve |
| Clause 14 (1 ) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather marine vegetation from |
Reserve Julian Rocks Reserve
| Clause 14 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in Julian Rocks |
| Clause 14 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with marine vegetation in Julian |
Reserve Rocks Reserve
NORTH HARBOUR
| Clause 17 (1) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from North Harbour Reserve |
| Clause 17 (1) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather marine vegetation from |
Reserve North Harbour Reserve
| Clause 17 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in North Harbour |
| Clause 17 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with marine vegetation in North |
Reserve Harbour Reserve
BUSHRANGER’S BAY
| Clause 21 (1 ) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from Bushranger’s Bay Reserve |
| Clause 21 (1) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather marine vegetation from |
Reserve Bushranger’s Bay Reserve
| Clause 21 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in Bushranger’s Bay |
| Clause 21 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with marine vegetation in |
Reserve Bushranger's Bay Reserve
FLY POINT-HALIFAX PARK
| Clause 24 (1) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from Fly Point Reserve |
| Clause 24 (1) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather marine vegetation from Fly |
Reserve Point Reserve
| Clause 24 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in Fly Point Reserve |
| Clause 24 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with marine vegetation in Fly |
Reserve Point Reserve
TOWRA POINT
| Clause 27 (1) (a)—take or attempt to take fish from the Reserve | take/attempt to take fish from Towra Point Reserve |
| Clause 27 (1) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather marine vegetation from |
Reserve Towra Point Reserve
| Clause 27 (2) (a)—wilfully disturb, injure or interfere with fish in the Reserve | disturb/injure/interfere with fish in Towra Point |
| Clause 27 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with marine vegetation in Tom |
Reserve Point Reserve
SOLITARY ISLANDS
| Clause 31 (1) (a)—take or attempt to take coral from the Reserve | take/attempt to take coral from Solitary Islands |
| Clause 31 (1) (b)—engage in mining or exploration (in connection with mining | engage in mining/exploration in Solitary Islands Reserve |
| Clause 31 (1) (c)—conduct or participate in | or prospecting) of the seabed in the horizontally, below mean high water mark of any of the islands or in any areas which are shallower than 20 metres at low tide |
conduct/participate in fishing
a recreational fishing competition in the competition in Solitary Reserve Islands Reserve
| Clause 31 (1) (d)—carry out any | carry out commercial tourist |
commercial tourist activity in the activity in Solitary Islands Reserve Reserve
1995—No. 1 4
| Clause 32 (1) (a)—take or attempt to take fish or marine vegetation for sale from | take/attempt to take fish/ vegetation for sale from |
the general use zone general use zone
| Clause 32 (1) (b)—gather or attempt to gather or wilfully damage, destroy or | gather/attempt to gather/ damage/destroy/interfere |
interfere with marine vegetation, except with marine vegetation in green sea lettuce (Ulva lactuca) or general use zone blackfish weed (Enteromorpha
intestinalis) in the general use zone
| Clause 33 (1) (a)—take or attempt to take fish or marine vegetation for sale from | take/attempt to take fish/ vegetation for sale from |
the recreation zone recreation zone
| Clause 33 (1) (b)—take or attempt to take fish (except abalone, beach worms, crabs, | take/attempt to take fish from recreation zone |
rock lobsters, cunjevoi, fin fish, oysters, pipis, sea urchins or yabbies) from the recreation zone
| Clause 33 (1) (c)—take or attempt to take fish (except rock lobsters and crabs) by | take/attempt to take fish by trap from recreation zone |
| means of a trap from the recreation zone Clause 33 (1) (d)—take or attempt to take | take/attempt to take fish by |
fish by a net that may only be lawfully commercial net used by a commercial fisher from the
recreation zone
| Clause 33 (1 ) (e)—gather or attempt to gather or wilfully damage, destroy or | gather/attempt to gat her/ damage/destroy/interfere |
interfere with marine vegetation, except with marine vegetation in green sea lettuce (Ulva lactuca) or recreation zone blackfish weed (Enteromorpha
intestinalis) in the recreation zone
| Clause 34 (1) (a)—take or attempt to take fish from the refuge zone except fin fish | take/attempt to take fish from refuge zone |
by means of a hook and line or rock lobsters by means of a lawful trap in those parts of the refuge zone which are
situated beneath or adjacent to headlands on the mainland or fish specified in the Table to this clause by means of
spearfishing
| Clause 34 (1) (b)—take or attempt to take fish for a private aquarium from the | take/attempt to take fish for aquarium from refuge zone |
refuge zone
| Clause 34 (1) (c)—gather or attempt to gather marine vegetation from the refuge | gather/attempt to gather vegetation from refuge |
zone zone
| Clause 34 (1) (d)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere vegetation in refuge zone | with |
refuge zone
1995—No. 14
| Clause 35 (1) (a)—take or attempt to take fish from the sanctuary zone | take/attempt to take fish from |
sanctuary zone
| Clause 35 (1) (b)—gather or attempt to gather marine vegetation from the | gather/attempt to gather vegetation from sanctuary |
sanctuary zone zone
| Clause 35 (2) (a)—wilfully | disturb, injure | disturb/injure/interfere with |
or interfere with fish in the sanctuary fish in sanctuary zone zone
| Clause 35 (2) (b)—wilfully damage, destroy or interfere with marine vegetation in the | damage/destroy/interfere with vegetation in sanctuary |
sanctuary zone zone
| Clause 35 (3)—use an anchor in sanctuary | use anchor in sanctuary zone |
zone
NOTES
TABLE OF PROVISIONS
1. Citation
2. Commencement
3. Short descriptions of offences
SCHEDULE 1
EXPLANATORY NOTE
The object of this Regulation is to prescribe the short descriptions that, by reason of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences under the Fisheries Management Act 1994, and the regulations made under that Act.
The Regulation is made under the Justices Act 1902, including sections 145B (Short
descriptions of certain offences) and 154 (the general regulation-making power).
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