Fisheries Management (Demerit Points) Variation Regulations 2016 (SA)

South Australia

Fisheries Management (Demerit Points) Variation Regulations 2016

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fisheries Management (Demerit Points) Regulations 2009

4            Variation of Schedule 1—Demerit points offences and demerit points

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Demerit Points) Variation Regulations 2016.

2—Commencement

These regulations will come into operation on 31 May 2016.

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 Management (Demerit Points) Regulations 2009

4—Variation of Schedule 1—Demerit points offences and demerit points

1. Schedule 1, Part 1, clause 2, table, items relating to clause 124—after "pots" wherever occurring insert:

   in Southern Zone

2. Schedule 1, Part 2, clause 8, table, items relating to regulation 21(1) and 21(2)—delete the items and substitute:

reg 21	Storing or confining rock lobster in corf without holding licence in respect of rock lobster fishery	100
reg 21A(1)	Taking rock lobster by unlicensed person in Northern Zone during closed season—
(a)    if the offence is expiated	15
(b)    in any other case—
(i)     first offence	45
(ii)    second offence	60
(iii)    third or subsequent offence	75
reg 21A(2)	Setting rock lobster pot by unlicensed person in Northern Zone during closed season—
(a)    if the offence is expiated	15
(b)    in any other case—
(i)     first offence	45
(ii)    second offence	60
(iii)    third or subsequent offence	75

1. Schedule 1, Part 2, clause 14, table, items relating to regulation 13(2) and 13(5)—delete the items and substitute:

reg 13(1)	Holder of Northern Zone Rock Lobster Fishery licence taking rock lobster in Northern Zone Inner Region during closed season—
(a)    if the offence is expiated	20
(b)    in any other case—
(i)     first offence	60
(ii)    second offence	80
(iii)    third or subsequent offence	100
reg 13(2)	Holder of Northern Zone Rock Lobster Fishery licence setting rock lobster pot in Northern Zone Inner Region during closed season—
(a)    if the offence is expiated	20
(b)    in any other case—
(i)     first offence	60
(ii)    second offence	80
(iii)    third or subsequent offence	100

1. Schedule 1, Part 2, clause 14, table, item relating to regulation 26(1)—delete "Northern Zone" and substitute:

   Southern Zone

2. Schedule 1, Part 2, clause 14, table, item relating to regulation 26(3)—delete the item

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 26 May 2016

No 36 of 2016

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