Fisheries Management (Lakes and Coorong Fishery) (Quota) Variation Regulations 2020 (SA)

Case

South Australia

Fisheries Management (Lakes and Coorong Fishery) (Quota) 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 (Lakes and Coorong Fishery) Regulations 2009

4            Variation 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) Variation Regulations 2020.

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 (Lakes and Coorong Fishery) Regulations 2009

4—Variation of regulation 10—Individual pipi catch quota system

  1. Regulation 10(1)—after the definition of quota period insert:

    quota period 2019‑2020 means the quota period that ended on 30 June 2020;

    quota period 2020‑2021 means the quota period ending on 30 June 2021;

    quota period 2021‑2022 means the quota period ending on 30 June 2022;

  2. Regulation 10(3)—after paragraph (d) insert:

    (da)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 the quota period 2019‑2020 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 quota periods 2020‑2021 and 2021‑2022 by up to 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi quota entitlement for the quota period 2019‑2020;

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

    (3a)In determining whether to vary the conditions of a licence under subregulation (3)(da) so as to increase the pipi quota entitlement under the licence for the quota period 2021‑2022, the Minister must take into account—

    (a)the total catch of pipi taken by the holder of the licence during the quota period 2020‑2021; and

    (b)any increase in the pipi quota entitlement under the licence for the quota period 2020‑2021.

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 27 August 2020

No 262 of 2020

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