Fisheries (General) Variation Regulations 2005 (SA)

Case

South Australia

Fisheries (General) 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 (General) Regulations 2000

  1. Variation of Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act

  2. Variation of Schedule 2—Areas in which use of fish nets is prohibited (Sched. 1, cl. 30)

    Part 2—Areas in which use of gill net, purse seine net or other hauling net is prohibited

Part 1—Preliminary

1—Short title

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

2—Commencement

These regulations will come into operation on 11 August 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 (General) Regulations 2000

4—Variation of Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act

Schedule 1, clause 30—delete the clause and substitute:

30The taking of fish by any person—

(a)by using a fish net in any of the waters of the State specified in Schedule 2 Part 1; or

(b)by using a gill net, purse seine net or other hauling net in any of the waters of the State specified in Schedule 2 Part 2.

5—Variation of Schedule 2—Areas in which use of fish nets is prohibited (Sched. 1, cl. 30)

Schedule 2—after its present contents (to be designated as Part 1—Areas in which use of any fish net is prohibited) insert:

Part 2—Areas in which use of gill net, purse seine net or other hauling net is prohibited

West Coast

All those waters bounded as follows:

Commencing at a point north of Cape Blanche in Sceale Bay at the intersection of the high water mark and latitude 33°00′S, then in a generally southerly direction along the high water mark along the coastline of the West Coast to a point at the intersection of the high water mark with longitude 135°00′E, including the waters of Baird Bay, Venus Bay and Waterloo Bay, then from that point in a southerly direction along the geodesic to a point at latitude 33°50′S, and longitude 135°00′E, then in a north-westerly direction to a point at latitude 33°00′S, and longitude 134°00′E, then in an easterly direction along the geodesic to the point of commencement.

Tumby Bay to Dutton Bay

All of the waters adjacent to Tumby Bay and Dutton Bay on the western side of Spencer Gulf bounded as follows:

Commencing at the intersection of the high water mark in Dutton Bay and longitude 136°30′E, then in a southerly direction along the geodesic to a point at latitude 34°05’S, and longitude 136°30′E, then in a direction of 218°T to a point at latitude 34°30′S, and longitude 136°10′E, then in a westerly direction along the geodesic to the intersection of the high water mark south of Massena Bay and latitude 34°30′S, and then in a northerly direction along the high water mark of the coastline of Eyre Peninsula to the point of commencement.

Yorke Peninsula

All of the waters surrounding Yorke Peninsula bounded as follows:

Commencing at the intersection of the high water mark at Rogues Point and latitude 34°30′S, then in an easterly direction along the geodesic to a point at latitude 34°30’S, longitude 138°00′E, then in a southerly direction to a point at latitude 35°00′S, and longitude 138°00′E, then in a direction of 224°T to a point at latitude 35°15′S, and longitude 137°45′E, then in a direction of 260°T to a point at latitude 35°25′S, and longitude 136°45′E, then in a northerly direction along the geodesic to a point at latitude 34°45′S, and longitude 136°45′E, then in an easterly direction along the geodesic to a point at latitude 34°45′S, and longitude 137°15′E, then in a northerly direction along the geodesic to a point at latitude 34°00′S, and longitude 137°15′E, then in an easterly direction along the geodesic to a point at the intersection of the high water mark at Warburton Point and latitude 34°00′S, and then in a southerly direction along the high water mark of the coastline of Yorke Peninsula to the point of commencement.

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 11 August 2005

No 178 of 2005

MAFF05/0024CS

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