Fisheries Management (General) (Section 70—Prescribed Fishing Activities) Variation Regulations 2020 (SA)

South Australia

Fisheries Management (General) (Section 70—Prescribed Fishing Activities) Variation Regulations 2020

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fisheries Management (General) Regulations 2017

4            Variation of regulation 22—Taking rock lobster or setting rock lobster pots in Northern or Southern Zone during closed season

5            Variation of Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act

6            Variation of Schedule 11—Expiation fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (General) (Section 70—Prescribed Fishing Activities) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which the Fisheries Management (Rock Lobster Fisheries) (Quota) Variation Regulations 2020 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 (General) Regulations 2017

4—Variation of regulation 22—Taking rock lobster or setting rock lobster pots in Northern or Southern Zone during closed season

Regulation 22(3)—delete subregulation (3) and substitute:

(3)Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not take rock lobster in the Southern Zone during the closed season.

Maximum penalty:

(a)for a first offence—$10 000;

(b)for a second or subsequent offence—$20 000.

Expiation fee: $200.

(4)Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not set a rock lobster pot in the Southern Zone during the closed season.

Maximum penalty:

(a)for a first offence—$10 000;

(b)for a second or subsequent offence—$20 000.

Expiation fee: $315.

(5)In this regulation—

closed season means—

(a)in relation to the Northern Zone—the period commencing at 1800 hours on 31 May in any year and ending at 1200 hours on the following 1 November;

(b)in relation to the Southern Zone—the period commencing at 1800 hours on 31 May in any year and ending at 0600 hours on the following 1 October.

5—Variation of Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act

1. Schedule 6, clause 120, table—delete the heading "Crustaceans" and the entries relating to Southern Rock Lobster

2. Schedule 6, clause 122—delete the clause

6—Variation of Schedule 11—Expiation fees

1. Schedule 11, table, entries relating to Schedule 6 clause 120—delete "• taking rock lobster" and "$200"

2. Schedule 11, table, entries relating to Schedule 6 clause 122—delete the entries

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 21 May 2020

No 68 of 2020