Fisheries Act 1893 (SA)

ANNO QUINQUAGESIMO SEXTO ET QUINQUAGESIMO

SEPTIMO

A.D. 1893.

No. 574.

An Act to amend '' The Fisheries Act."

[Asserzted t o, Decembev 23rd, 1893 .l

IIEREAS it is desirable to amend "The Fisheries Actv-Be it Preamble.

W therefore Enacted by the Governor of the Province of South

Australia, with the advice and consent of the Legislative Council

and House of Assembly of the said province, in this present Parlia-

ment assembled, as follows:

1, This Act may be cited as G The Fisheries Amendment Act, Short title.

1893."

2, Except in so f i r as the same is hereby altered, "The Fisheries Incor~orationwith "The Fisheries Act. '

Act" shall be incorporated and read with this Act as one Act.

3. Sections 2 and 3 of The Fisheries Act" are hereby repealed. Repeal.

declare, by Proclamation to be published in the Government Gazette, proclaimed. 4. I t shall be lawful for the Governor from time to time to closeseasonmay be

that the whole or any portion of any river, inlet, creek, lake, lagoon, estuary, or arm of the sea shall be closed against the use of all

fishing nets, fish traps, fixed engines, or other devices of whatever

description for catching fish (except the rod arid line, or hand-line), for such term as shall be specified in such Proclamatiun, aud any such Proclaxnation may be extended or may be rescinded in like manner.

the publication of any such Proclamation as aforesaid, and during closed watem. 5. If any person, after the expiration of twenty-one days from Pendty on fishisgk

574 the

56" & 57" VICTORIS,, No. 574.

The Fisheries Amendment Act.-1893.

the currency thereof or any extension thereof, shall shoot, cast, haul, stake, fix, or place any net, trap, fixed engine, or other device of whatever description (exceptthe rod and line and hand- line) for the purposc of taking or capturing fish within the limits of the area defined in such Yroclamation, such person shall be liable, for the first offence, to a penalty not exceeding Ten Pounds, and for the second or any subsequent offence to a penalty of not less than Two Pounds and not exceeding Twenty Pounds; and all fish taken in violation of the provisions of this section, together with any net, trap, device, or fixed engine used for the purpose of taking the same, shall be forfeited to Her Majesty, and shall be disposed of as the Commissioner may direct.

Forfeiture of net.

offence under this Act may order any such net, trap, device, or (3. The Justices before whom any person is convicted of an

fixed engine to be forfeited, and the same shall be disposed of as

the Commissioner may direct.

Search for nets or

7, The Commissioner or any Justice of the Peace may authorise, in writing, any police constable to search for any net, trap, device, or fixed engine which has been forfcitcd as aforesaid, and the constable so authorised may, at any time between sunrise and sunset, enter into and search any house, store, shop, tent, or other premises, and go on board of any boat and search for, and seize, and take away any such net, trap, device, or fixed engine.

traps.

Fishing rcmrves for

aborigines. 8, The Governor may declare by Proclamation that the whole

or any portion of any river, inlet, creek, lake, lagoon, estuary, or arm of the sea shall be a reserve within which only aboriginal natives of South Australia shall be allowed to fish.

Governor may make	Q, It shall be lawful for the Governor from time to time to make, alter, and rcvokc regulations for the purposc of giving effect to the provisions of this Act and not inconsistent therewith, and
regulations.
for the purposes following, namely :-

(l) For prescribing the mode of testing the dimensions of the

meshes of nets:

(2) For determining all rights of priority of fishermen in shoot-

ing or fixing nets:

(3) For the imposition of a penalty not exceeding in any case

the sum of Five Poulrds for any breach of any regulation:

(4) For prescribing the nature, quality, or material of any nct, trap, fixcd engine, or device to hc used in capturing or taking fish within the limits defined in any such regula- tion, or for prohibiting the use of any trap, net, fixed engine, or device.

Other and special 10,

The Governor from time to time may make all such other regulations not inconsistent with this Act, either applicable gene-

regulations may be

made. . .

rally

56" 8r 57' VICTORIW, No. 574.

l%e Fisheries Amendment A c t. 1 8 9 3.

rally or to meet particular cases, as may be necessary or desirable to carry out the objects and purposes of this Act, or as may be con- venien t for the administration thereof.

Gazette, and, within fourteen days after the making thereof, shall published. 11. All such regulations shall be published in the Government [email protected] b.

be laid before both Houses of Parliament, if Parliament be then sitting, and, if Parliament be not then sitting, then within fourteen days after the beginning of the next session of Parliament, and shall have the force of law from the date of such publication.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. 5. WAY, Lieutenant-Governor.

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Adelaide: By authority, C. E. Bnre~ow,