Fisheries (Fish Processors) Variation Regulations 2005 (SA)

South Australia

Fisheries (Fish Processors) Variation Regulations 2005

under the Fisheries Act 1982

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Fisheries (Fish Processors) Regulations 1991

1. Variation of regulation 17—Delivery of pilchards to registered fish processor

2. Insertion of regulation 19

   19Provision relating to keeping of documents

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries (Fish Processors) Variation Regulations 2005.

2—Commencement

These regulations will come into operation on 1 October 2005.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Fisheries (Fish Processors) Regulations 1991

4—Variation of regulation 17—Delivery of pilchards to registered fish processor

1. Regulation 17(1)—after the definition of form PFCDR insert:

   form PFTF means the document produced by the Department entitled Pilchard Fishery Transit Form properly completed by the person who took the pilchards;

2. Regulation 17(2)—delete subregulation (2) and substitute:

   (2)If—

   (a)a registered fish processor purchases or obtains pilchards from—

   (i)the holder of a licence in respect of the Marine Scalefish Fishery endorsed with a condition fixing a pilchard quota on the licence; or

   (ii)the agent of the holder of a licence referred to in subparagraph (i); and

   (b)the pilchards are consigned to the registered fish processor when the pilchards are unloaded from the registered boat from which they were taken; and

   (c)the pilchards are to be transported to the registered premises of the registered fish processor by 2 or more vehicles,

   the registered fish processor must, before the vehicles depart for the registered premises, complete Part B of a form PFTF in respect of each vehicle other than the vehicle in which pilchards are to be transported together with a form PFCDR in respect of the pilchards.

   Penalty: Division 7 fine.

   Expiation fee: Division 9 fee.

   (3)A registered fish processor who purchases or obtains pilchards from a person referred to in subregulation (2)(a)(i) or (ii) must—

   (a)on delivery of the pilchards to the registered premises of the registered fish processor—

   (i)immediately weigh the pilchards; and

   (ii)immediately complete the certificate contained in Part B of a form PFCDR in respect of the pilchards; and

   (b)within 7 days of taking delivery of the pilchards to which the form PFCDR relates, deliver, or cause to be delivered, the completed form to the Director.

   Penalty: Division 7 fine.

   Expiation fee: Division 9 fee.

   (4)A registered fish processor must keep the blue copies of all forms PFCDR completed by the registered fish processor for a period of 7 years.

   Penalty: Division 7 fine.

   Expiation fee: Division 9 fee.

5—Insertion of regulation 19

After regulation 18 insert:

19—Provision relating to keeping of documents

A registered fish processor required by these regulations to keep a document for a period of time must ensure that the document—

(a)is maintained in a good condition and is legible; and

(b)is kept in a readily accessible place; and

(c)is produced for inspection by a fisheries officer on request.

Penalty: Division 7 fine.

Expiation fee: Division 9 fee.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 29 September 2005

No 208 of 2005

MAFF05/0013CS