Fisheries Management (Prawn Fisheries) (Fishing Nights Entitlement) Variation Regulations 2020 (SA)

South Australia

Fisheries Management (Prawn Fisheries) (Fishing Nights Entitlement) 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 (Prawn Fisheries) Regulations 2017

4            Variation of regulation 9—Individual fishing nights entitlement scheme—Gulf St. Vincent Prawn Fishery

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Prawn Fisheries) (Fishing Nights Entitlement) 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 (Prawn Fisheries) Regulations 2017

4—Variation of regulation 9—Individual fishing nights entitlement scheme—Gulf St. Vincent Prawn Fishery

1. Regulation 9(1)—after the definition of prescribed period 2 insert:

   prescribed period 2 (2020) means the prescribed period 2 that ended on 31 July 2020;

   prescribed period 2 (2021) means the prescribed period 2 ending on 31 July 2021;

   prescribed period 2 (2022) means the prescribed period 2 ending on 31 July 2022;

2. Regulation 9(4)—after paragraph (a) insert:

   (ab)if the total number of nights on which the holder of the licence in respect of the fishery took aquatic resources during the prescribed period 2 (2020) is less than the fishing nights entitlement under the licence for that prescribed period, the Minister may vary the conditions of the licence so as to increase the fishing nights entitlement for the prescribed period 2 (2021) and the prescribed period 2 (2022) by up to 1 fishing night for every fishing night by which the number of nights fell short of the fishing nights entitlement for the prescribed period 2 (2020);

3. Regulation 9—after subregulation (4) insert:

   (4a)In determining whether to vary the conditions of a licence under subregulation (4)(ab) so as to increase the fishing nights entitlement under the licence for the prescribed period 2 (2022), the Minister must take into account—

   (a)the total nights of fishing undertaken by the holder of the licence during the prescribed period 2 (2021); and

   (b)any increase in the fishing nights entitlement under the licence for the prescribed period 2 (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 17 December 2020

No 323 of 2020