Fisheries Management (Northern Prawn Fishery) Regulations 1995 (Cth)

Fisheries Management (Northern Prawn Fishery) Regulations 1995

Statutory Rules 1995 No. 12 as amended

made under the

Fisheries Management Act 1991

This compilation was prepared on 6 August 2004

taking into account amendments up to SR 2004 No. 235

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Fisheries Management (Northern Prawn Fishery) Regulations 1995.

2Interpretation

(1) In these Regulations:

Act means the Fisheries Management Act 1991.

NPF Plan means the Northern Prawn Fishery Management Plan 1995 made under subsection 17 (1) of the Act.

(2)An expression used in these Regulations that is also used in the NPF Plan has the same meaning in these Regulations as it has in the NPF Plan.

Note   Some of the expressions used in the NPF Plan, and their meanings, are:

gear statutory fishing right means a statutory fishing right described in section 7 of the NPF Plan.

operational footrope, for a prawn trawl net, means the part of the footrope of the net that lies between the 2 outermost points at which the netting at the bottom of the net is attached to the footrope.

operational headrope, for a prawn trawl net, means the part of the headrope of the net that lies between the 2 outermost points at which the netting at the top of the net is attached to the headrope.

3Particulars to be included in Register

 (1)AFMA must enter in the Register the following particulars in relation to a statutory fishing right granted in respect of the Northern Prawn Fishery:

• (a)

  if the person who is the owner of the fishing right is not the person to whom the fishing right was granted — the name of the owner;

• (b)

  if the person who is the holder of the fishing right is not the person to whom the fishing right was granted — the name of the holder;

• (d)

  if the fishing right is a Class B statutory fishing right — an indication whether it is an active or surplus Class B statutory fishing right;

• (e)

  if the fishing right is a gear statutory fishing right — an indication whether the holder elects to hold the fishing right in relation to a Class B statutory fishing right under clause 23B of the NPF Plan;

• (f)

  if the holder elects to hold the fishing right in relation to a Class B statutory fishing right under paragraph (e) — the number or alphanumeric code (if any) by which the Class B statutory fishing right is identified by AFMA;

• (g)

  if there is a nominated boat for the fishing right:

  • (i)

    the name of the boat;

  • (ii)

    the number of gear statutory fishing rights for the boat;

  • (iii)

    the operational headrope and operational footrope equivalent, in metres, that the number of gear statutory fishing rights for the boat equate to;

  • (vi)

    if a Commonwealth or State authority issues a licence in relation to the boat — the number (if any) of the licence;

  • (vii)

    if a State authority issues a distinguishing symbol in relation to the boat — a description or representation of the symbol;

• (h)

  the postal address shown for the holder of the fishing right in the last written notice of address received by AFMA from the holder;

• (i)

  the telephone number shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder;

• (j)

  the fax number (if any) shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder;

• (k)

  if the holder or owner of the fishing right is a company — the Australian Company Number of the company;

• (l)

  if AFMA identifies the fishing right by a number or an alphanumeric code — that number or code.

(1A)

AFMA may enter in the Register the following particulars in relation to a statutory fishing right granted in respect of the Northern Prawn Fishery if there is a nominated boat for the fishing right:

• (a)

  details of the boat’s breadth, depth, hull length, colour and hull underdeck volume;

• (b)

  details of the type, serial number, aspiration, power (in kW), turbocharger number (if any) and aftercooler system (if any) of the boat’s engine;

• (c)

  if a Commonwealth or State Authority issues a radio call sign for a radio carried on the boat — details of the call sign.

 (2)AFMA may alter the Register to take into account a change in a particular referred to in subregulation (1) or (1A).

Notes to the Fisheries Management (Northern Prawn Fishery) Regulations 1995

Note 1

The Fisheries Management (Northern Prawn Fishery) Regulations 1995 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Statutory Rules 1995 No. 12 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1995 No. 12	10 Feb 1994	10 Feb 1994
2004 No. 235	6 Aug 2004	6 Aug 2004	—

Table of Amendments

ad. = added or inserted

 am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.........................................

rs. 2004 No. 235

Notes 1 and 2

 to r. 2...........

rep. 2004 No. 235

Note to r. 2.............................

ad. 2004 No. 235

R. 3.........................................

am. 2004 No. 235