Fisheries Management (Lakes and Coorong Fishery) (Quota) Amendment Regulations 2022 (SA)

South Australia

Fisheries Management (Lakes and Coorong Fishery) (Quota) Amendment Regulations 2022

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Fisheries Management (Lakes and Coorong Fishery) Regulations 2009

3            Amendment of regulation 10—Individual pipi catch quota system

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Lakes and Coorong Fishery) (Quota) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on 1 July 2022.

Part 2—Amendment of Fisheries Management (Lakes and Coorong Fishery) Regulations 2009

3—Amendment of regulation 10—Individual pipi catch quota system

1. Regulation 10(1)—before the definition of pipi quota entitlement insert:

   following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which pipi may be taken by the holder of the licence following the first quota period;

2. Regulation 10(3)(e) and (f)—delete paragraphs (e) and (f) and substitute:

   (e)if the total catch of pipi taken by the holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the pipi quota entitlement under the licence for that quota period, the Minister may vary the conditions of the licence so as to increase the pipi quota entitlement for the following quota period (the subsequent quota period) by 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi quota entitlement for the first quota period up to—

   (i)—

   (A)10% of the quota entitlement for the first quota period; or

   (B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or

   (ii)if the Minister is satisfied that exceptional circumstances apply—

   (A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or

   (B)such other greater kilogram amount of catch,

   as is determined by the Minister on or before the commencement of the subsequent quota period;

   (f)if the total catch of pipi taken by the holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the pipi quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement for the following quota period (the subsequent quota period) as follows:

   (i)if the catch exceeded the quota entitlement by—

   (A)an amount not exceeding 10% of the quota entitlement for the first quota period; or

   (B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,

   by 1 kilogram of pipi for each kilogram taken in excess of the quota entitlement; or

   (ii)if the catch exceeded the quota entitlement by—

   (A)an amount greater than 10% of the quota entitlement for the first quota period; or

   (B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,

   by 2 kilograms of pipi for each kilogram taken in excess of the quota entitlement.

3. Regulation 10—after subregulation (3a) insert:

   (3b)For the purposes of—

   (a)subregulation (3)(e)(i) and (ii); and

   (b)subregulation (3)(f)(i) and (ii),

   the following must be disregarded:

   (c)any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence made under subregulation (3)(da);

   (d)any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(e)(i) or (ii).

   (3c)A variation of a quota entitlement under subregulation (3)(e) or (f) must be expressed to apply only for the quota period during which the variation is made.

   (3d)An application under subregulation (3)(c) or (d)(i) may not be made in respect of pipi units allocated to the licence under subregulation (3)(e).

Editorial note—

As required by section 10AA(2) of the Legislative Instruments 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's Deputy

with the advice and consent of the Executive Council

on 16 June 2022

No 37 of 2022