Fisheries Management (General) Variation Regulations 2016 (SA)

South Australia

Fisheries Management (General) 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 (General) Regulations 2007

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

5            Variation of Schedule 7—Areas in which use of fish nets is prohibited under section 70 of Act

6            Variation of Schedule 9—Areas in which explosive devices must not be carried while diving

7           Variation of Schedule 10—Expiation fees

Part 1—Preliminary

1—Short title

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

2—Commencement

These regulations will come into operation on the day on which the Fisheries Management (Aquatic Reserves) Regulations 2016 come into operation.

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 2007

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

1. Schedule 6, clause 31(b)—delete paragraph (b) and substitute:

   (b)in the waters of or near False Bay contained within and bounded by a line commencing at Mean High Water Springs closest to 33°04′26.61″ South, 137°32′58.50″ East, then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 32°59′41.12″ South, 137°45′31.96″ East (Stony Point), then south‑westerly to 33°05′12.75″ South, 137°34′10.86″ East, then north‑westerly to 33°04′26.05″ South, 137°33′24.19 East, then westerly to the point of commencement; or

2. Schedule 6—after clause 128 insert:

   129—Taking fish near Horseshoe Reef

   The taking of fish from within 25 metres of any part of Horseshoe Reef (35°8′14.6″ South, 138°27′49.1″ East) that becomes exposed at low water.

   130—Taking fish in certain parts of Onkaparinga River

   The taking of fish (other than the taking of fish by using a hand line or rod and line or the taking of shrimp (Suborder Natantia) by using a shrimp net)—

   (a)upstream from the mouth of the Onkaparinga River at a point closest to 35°09′53.26″ South, 138°28′13.51″ East, to the bridge on Main South Road at Noarlunga (D V Fleming Bridge) closest to 35°10′33.36″ South, 138°29′55.85″ East; or

   (b)in that portion of the waters of the estuary from the mouth of the Onkaparinga River at a point closest to 35°09′53.26″ South, 138°28′13.51″ East, to the bridge on Main South Road at Noarlunga (D V Fleming Bridge) closest to 35°10′33.36″ South, 138°29′55.85″ East.

5—Variation of Schedule 7—Areas in which use of fish nets is prohibited under section 70 of Act

Schedule 7, Part 1, Outer Harbor to Aldinga—delete the description of waters under the heading "Outer Harbor to Aldinga" and substitute:

The waters of or near Gulf St. Vincent contained within and bounded by a line commencing at the intersection of the southernmost breakwater at Outer Harbor with Mean High Water Springs closest to 34°46′59.00″ South, 138°28′40.45″ East, then beginning south‑easterly following the line of Mean High Water Springs to the location closest to 35°17′00.75″ South, 138°26′33.51″ East, then westerly to a line 600 metres seaward of Mean High Water Springs closest to 35°17′00.76″ South, 138°26′09.77″ East, then beginning north‑easterly following a line 600 metres seaward of Mean High Water Springs to the southernmost breakwater at Outer Harbor closest to 34°47′10.42″ South, 138°28′21.35″ East, then north‑easterly following the breakwater to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs.

6—Variation of Schedule 9—Areas in which explosive devices must not be carried while diving

Schedule 9, item 4—delete item 4 and substitute:

4The waters of Gulf St. Vincent contained within and bounded by a line commencing at the intersection of the southernmost breakwater at Outer Harbor with Mean High Water Springs at the location closest to 34°46′59.00″ South, 138°28′40.45″ East, then beginning south‑easterly following the line of Mean High Water Springs to the location closest to 35°07′52.63″ South, 138°28′11.09″ East, then south‑westerly to a line 600 m seaward of Mean High Water Springs closest to 35°07′56.15″ South, 138°27′47.30″ East, then beginning northerly following a line 600 m seaward of Mean High Water Springs to the southernmost breakwater at Outer Harbor closest to 34°47′10.42″ South, 138°28′21.35″ East, then north‑easterly following the breakwater to the point of commencement.

7—Variation of Schedule 10—Expiation fees

Schedule 10—after the item relating to clause 128 insert:

129	Taking fish near Horseshoe Reef	$100
130	Taking fish in certain parts of Onkaparinga River	$100

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 20 October 2016

No 248 of 2016

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