Fisheries Management (Fish Processors) Variation Regulations 2008 (SA)

Case

South Australia

Fisheries Management (Fish Processors) Variation Regulations 2008

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Fisheries Management (Fish Processors) Regulations 2007

  1. Insertion of regulation 9A

    9ADelivery of cockles

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Fish Processors) Variation Regulations 2008.

2—Commencement

These regulations come into operation on the day on which they are made.

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 (Fish Processors) Regulations 2007

4—Insertion of regulation 9A

After regulation 9 insert:

9A—Delivery of cockles

(1)In this regulation—

cockle means Katelysia spp;

marine scalefish fishery has the same meaning as in the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006;

M‑CDR form means the form produced by the Department entitled Mud Cockle Catch and Disposal Record;

Northern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2006.

(2)If cockles purchased or obtained by a registered fish processor from—

(a)the holder of—

(i)a licence in respect of a marine scalefish fishery; or

(ii)a licence in respect of the Northern Zone Rock Lobster Fishery; or

(b)an agent of the holder of such a licence; or

(c)another registered fish processor who purchased or obtained the cockles from a person referred to in paragraph (a) or (b),

are consigned or delivered to the registered fish processor in containers sealed with tags issued by the Minister, the registered fish processor must not unseal the containers except at registered premises of the fish processor.

Maximum penalty: $2 500.

Expiation fee: $210.

(3)A registered fish processor must keep the blue copies of all completed M‑CDR forms relating to cockles purchased or obtained by the registered fish processor from a person referred to in subregulation (2) for a period of 7 years.

Maximum penalty: $2 500.

Expiation fee: $210.

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 16 October 2008

No 274 of 2008

MAFF08/024CS

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