Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 1351

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Fisheries Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Fisheries Act 1952.

Dated 18 June 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industry

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1. After regulation 9 of the Fisheries Regulations the following regulation is inserted:

Return of cancelled licence

“9a. The holder of a licence granted under section 9 of the Act shall return the licence to the Department not later than 14 days after the date of receipt of notification that the licence has been cancelled under section 9a of the Act by the licensing authority.

Penalty: (a) in the case of a natural person—$100; or

(b) in the case of a body corporate—$500.”.

Licence and other fees

2. Regulation 10 of the Fisheries Regulations is amended by omitting subregulation (2) and substituting the following subregulation:

“(2) For the purposes of Schedule 1, the overall length of a boat shall be taken to be:

(a) in the case of a boat in respect of which applications have been made for the grant of a licence under subsection 9 (2) or (3) of the Act and for the assignment of units of fishing capacity assignable to

the boat under a plan of management determined under section 7B of the Act, being a plan of management that provides for the measurement of the overall length of boats to be used in the fisheries to which the plan relates—the overall length of the boat determined in accordance with the provisions of the plan of management; or

(b) in any other case—the length of a straight line following the centre of the main deck of the boat from the fore side of the stem to the aft side of the stern of the boat.”.

Publication of log-books

3. Regulation 16 of the Fisheries Regulations is amended:

(a) by omitting from paragraph (1) (a) “or” (last occurring); and

(b) by inserting after paragraph (1) (a) the following paragraph:

“(ab) relating to the carrying and transhipping of fish taken in Australian waters; or”.

Offences in relation to log-books

4. Regulation 18 of the Fisheries Regulations is amended:

(a) by omitting from subregulation (3) “as soon as practicable”; and

(b) by inserting after subregulation (3) the following subregulation:

“(3a) A person shall not cause to be entered in a log-book information that, to the knowledge of that person, is false or misleading in a material particular.

Penalty: $2,000.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 June 1987.

2. Statutory Rules 1954 No. 116 as amended by 1968 Nos. 7 and 143; 1974 Nos. 211 and 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235; 1980 Nos. 13, 279 and 369; 1981 No. 388; 1982 No. 127; 1983 No. 10; 1984 No. 233; 1985 Nos. 194 and 358.