Fisheries and Oyster Farms Act 1935 Fisheries and Oyster Farms (Solitary Islands Marine Reserve) Regulation 1991 (1991-219) [GG No 62 of 26.4.1991] (NSW)
1991—No. 219
FISHERIES AND OYSTER FARMS ACT 1935—
REGULATION
(Fisheries and Oyster Farms (Solitary Islands Marine Reserve)
Regulation 1991)
NEW SOUTH WALES
[Published in Gazette No. 62 of 26 April 1991]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Fisheries and Oyster Farms Act 1935, has been pleased to make the Regulation set forth hereunder.
IAN ARMSTRONG
Minister for Agriculture and Fisheries.
Citation
1. This Regulation may be cited as the Fisheries and Oyster Farms (Solitary Islands Marine Reserve) Regulation 1991.
Commencement
2. This Regulation commences on 11 May 1991.
Application of Regulation
3. (1) A requirement of this Regulation which relates to the Reserve as a whole must be complied with in addition to any requirement which relates only to a particular zone within the Reserve.
(2) This Regulation does not operate so as to prohibit any activity authorised by a written approval granted by the Director-General under clause 13.
Definitions
4. In this Regulation:
“commercial collecting” means the taking of fish or gathering of
marine flora by any means for the purpose of sale;
“commercial fisherman” means a fisherman licensed under section
24C of the Act;
“commercial line fishing” means the use or possession of any commercial fishing line prescribed as lawful under the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989;
“commercial netting” means the use or possession of any commercial net prescribed as lawful under Division 2 of Part 4 of the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989;
“commercial tourist activity” means the undertaking of any activity associated with tourism for commercial gain, including dive charters, diver certification training, snorkelling tours, whale watching tours, fishing charters, boat tours and natural history excursions but excluding any licensed commercial fishing activity;“commercial trapping” means the use or possession of any trap prescribed as lawful under Division 2 of Part 5 of the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989;
“fish” means all or any of the varieties of marine, estuarine or fresh-water fishes (whether indigenous or not) and their young, fry and spawn, and includes crustacea and oysters and all other marine, estuarine and fresh-water animal life, and any part of a fish as so defined, but does not include any species of marine mammal or reptile;
“general use zone” means the areas described in Schedule 1;
“marine flora” includes seagrasses, seaweeds, mangroves and
saltmarsh plants;
“recreation zone” means the areas described in Schedule 2;
“ recreational aquarium collecting” means the taking of fish or
gathering of marina flora for a private aquarium;
“ recreational fishing competition” means a fishing competition
between members of a group of persons engaged in spear or line
fishing for the purpose of recreation;
“recreational line fishing” means taking or attempting to take fish
by means only of a line with 6 or less hooks attached;
“recreational trapping’’ means the use or possession of a trap as described by clauses 53 (1) or 54 (1) of the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989;
“refuge zone” means the areas described in Schedule 3;
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“Reserve” means the aquatic reserve declared by notification published in Gazette No. 59 of 19 April 1991 at page 2967 under section 16A of the Act, known as the Solitary Islands Marine Reserve and includes the general use zone, the recreation zone, the refuge zone and the sanctuary zone;
“sanctuary zone” means the areas described in Schedule 4;
“spearfishing” means taking or attempting to take fish by means of a
spear, speargun or similar device or by means of a bow and arrow;
“the Act” means the Fisheries and Oyster Farms Act 1935.
Prohibited activity in Reserve
5. A person must not, within the Reserve:
(a) take, or attempt to take, any coral; or
(b)
engage in mining or exploration (in connection with mining or prospecting) of the seabed within 1 kilometre, measured horizontally, below mean high water mark of any of the islands or in any areas which are shallower than 20 metres at low tide; or
(c) conduct or participate in a recreational fishing competition; or
(d) carry out any commercial tourist activity.
Prohibited
activity
in
general
use
zoneProhinited activity in general use zone
Prohibited activity in general use zone
6. A person must not, within the general use zone:
(a) engage in commercial collecting; or
(b)
gather, damage or destroy, or attempt to gather, damage or destroy, any marine flora except green sea lettuce (Ulva lactuca) or blackfish weed (Enteromorpha intestinalis).
Prohibited activity in recreation zone
7. A person must not, within the recreation zone:
(a) engage in commercial collecting;
(b)
take, or attempt to take, any fish except abalone, beach worms, crabs, crayfish, cunjevoi, fin fish, oysters, pippies, sea urchins or yabbies;
(c)
engage in commercial trapping or recreational trapping of any fish except rock lobsters and crabs; or
(d) engage in commercial netting of any fish; or
(e)
gather, damage or destroy, or attempt to gather, damage or destroy, any marine flora except green sea lettuce (Ulva lactuca) or blackfish weed (Enteromopha intestinalis).
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Prohibited activity in refuge zone
8. A person must not, within the refuge zone:
(a) take, or attempt to take, any fish except:
(i) fin fish by commercial line fishing or recreational line fishing; or
(ii) rock lobsters by means of recreational trapping or commercial trapping in those refuge zones which are situated beneath or adjacent to headlands on the mainland; or
(iii) fish specified in the Table to this clause by means of spearfishing; or
(b) take, or attempt to take, marine flora; or
(c) engage in recreational aquarium collecting.
TABLE
Allowed species for spearfishing in refuge zone
Amberjack (Seriola dumerilii)
Bream (Acanthopagrus australis)
Chinaman Leatherjacket (Nelusetta ayraudi)
Cobia (Rachycentron canadus)
Diamond Trevally (Alectis indica)
Dusky Flathead (Platycephalus fuscus)
Golden Trevally (Gnatharndodon speciosus)
Luderick (Girella elevata)
Mulloway (Argyrosomus hololepidotus)
Rainbow Runner (Elagatis bipinnulatus)
Red Morwong (Cheilodactycus fuscus)
Samson Fish (Naucratopsis hippos)
Sawtail Surgeon (Prionurus microlepidotus)
Spanish Mackerel (Indocybium Semifasciatum)
Sweet lip (Plectorhinchus flavomaculatus)
Tailor (Pomtomus saltatrix)Tarwhine (Rhabdosargus sarba)
Wahoo (Acanthocybium so landri)
Yellowtail King fish (Seriola lalandi)
Prohibited activity in sanctuary zone
9. (1) A person must not, within the sanctuary zone:
(a) take, or attempt to take, any fish; or
(b) wilfully disturb, injure or interfere with any fish; or1996—No. 219
(c) gather, damage or destroy any marine flora; or
(d) use an anchor.
(2) In this clause, “anchor” means any device attached to a boat by a
cable, chain or rope dropped overboard so as to grip the seabed for the
purpose of restricting the movement of the boat.
Exemption
10. Clauses 5, 6, 7, 8 and 9 do not apply to the removal of oysters from a leased area by the lessee or the lessee’s employees.
Approval necessary for commercial tourist activity
11. A person must not engage in commercial tourist activity within the Reserve without an approval under clause 13.
Prohibition on commercial collecting by person other than commercial fisherman
12. A person must not engage in commercial collecting within the Reserve unless the person is a commercial fisherman.
Power to grant approvals
13. The Director-General may, by order, grant an approval to a person to do anything prohibited by this Regulation, except an activity prohibited by clause 5 (b), subject to such conditions as the Director-General considers appropriate.
Offences
14. A person who commits a breach of clauses 5–9, 11 and 12 of this
Regulation is guilty of an offence.
| Maximum penalty: | 100 penalty units in the case of a corporation; or |
| 50 penalty units in any other case. | |
| Saving |
15. Nothing in this Regulation affects any restriction or prohibition in
any other instrument made or issued under the Act, whether before, on or
after the date on which this Regulation takes effect.
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SCHEDULE 1
(C1. 3)
General use zone (see accompanying map of Solitary Islands Marine
Reserve)
All that area within a 3 nautical mile limit from the High Water Mark of North Solitary Island, North West Solitary Island and South Solitary Island and all coastal waters from High Water Mark due easterly to a line 3 nautical miles from the territorial sea baselines (as described in the Commonwealth of Australia Gazette No. S29, 9 February 1983) including all rivers, estuaries, lagoons, bays and inlets upstream to the tidal limit and extending from the easternmost point (High Water Mark) of Plover Island in the north southerly to the easternmost point (High Water Mark) of Muttonbird Island in the south as shown on the map entitled “Solitary Islands Marine Reserve” accompanying this Regulation, but excluding the waters described as “recreation zone”, “refuge zone” and “sanctuary zone” in Schedules 2, 3 and 4 to this Regulation and any lands or islands within the Reserve above Mean High Water Mark.
SCHEDULE 2
(C1. 3)
Recreation zone
Sandon River, Sandon Headland and Plover Island
See diagram 1 accompanying this Regulation.
Wooli Wooli River
See diagram 5 accompanying this Regulation.
North Rock
See diagram 9 accompanying this Regulation.
Red Rock Headland and Corindi River
See diagram 10 accompanying this Regulation.
Arrawarra Creek
See diagram 12 accompanying this Regulation.
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Woolgoolga Headland
See diagram 13 accompanying this Regulation.
Bare Bluff
See diagram 14 accompanying this Regulation.
Moonee Creek
See diagram 16 accompanying this Regulation.
SCHEDULE 3
(C1. 3)
Refuge zone
Sandon River
See diagram 1 accompanying this Regulation.
Pimpernel Rock
See diagram 2 accompanying this Regulation.
Minnie Water
See diagram 3 accompanying this Regulation.
Diggers Camp
See diagram 4 accompanying this Regulation.
North Solitary Island and North West Rock
See diagram 7 accompanying this Regulation.
Station Creek Headland
See diagram 8 accompanying this Regulation.
Corindi River
See diagram 10 accompanying this Regulation.
North West Solitary Island
See diagram 11 accompanying this Regulation.
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South West Solitary Island
See diagram 15 accompanying this Regulation.
Moonee Beach
See diagram 16 accompanying this Regulation.
South Solitary Island
See diagram 17 accompanying this Regulation.
Split Solitary Island
See diagram 18 accompanying this Regulation.
Muttonbird Island
See diagram 19 accompanying this Regulation.
SCHEDULE 4
(C1. 3)
Sanctuary zone
Wooli Wooli River
See diagram 5 accompanying this Regulation.
Jones Point
See diagram 6 accompanying this Regulation.
North Solitary Island and North West Rock
See diagram 7 accompanying this Regulation.
North West Solitary Island
See diagram 11 accompanying this Regulation.
Arrawarra Headland
See diagram 12 accompanying this Regulation.
South West Solitary Island
See diagram 15 accompanying this Regulation.
South Solitary Island
See diagram 17 accompanying this Regulation.
Split Solitary Island
See diagram 18 accompanying this Regulation.
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NOTE
TABLE OF PROVISIONS
1. Citation
2. Commencement
3. Application of Regulation
4. Definitions
5. Prohibited activity in Reserve
6. Prohibited activity in general use zone
7. Prohibited activity in recreation zone
8. Prohibited activity in refuge zone
9. Prohibited activity in sanctuary zone
10. Exemption
11. Approval necessary for commercial tourist activity12. Prohibition on commercial collecting by person other than commercial fisherman
13. Power to grant approvals
14. Offences
15. Saving
SCHEDULES
EXPLANATORY NOTE
The object of this Regulation is to make provision, under the Fisheries and Oyster Farms Act 1935, for the management and protection of the aquatic reserve known as the Solitary Islands Marine Reserve.
Provision is made for the creation of 4 zones, the general use, recreation, refuge and sanctuary zones, within the Reserve and for the regulation of activities within those zones.
Mining and exploration (in connection with mining or prospecting) of the seabed within 1 kilometre, measured horizontally, below mean high water mark of any of the islands or in any areas which are shallower than 20 metres at low tide is totally prohibited in the Reserve. Certain other activities, such as the taking of coral and the conduct of recreational fishing competitions or comercial tourist activity, are prohibited throughout the Reserve without the authorisation of the Director-General of the Department of Agriculture and Fisheries, while other activities are prohibited in specific zones.
The removal of oysters by the lessee of a leased area within the Reserve is not affected by the prohibitions. Further, the Director-General may grant approvals to enable persons to engage in activities which would otherwise be prohibited, such as the carrying out of scientific research in the Reserve.
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