Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1941

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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 9 August 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industry

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Distinguishing number

1. Regulation 11 of the Fisheries Regulations is amended by omitting from sub-paragraph (2) (a) (ii) “12 inches” and substituting “300 millimetres”.

2. Regulation 13 of the Fisheries Regulations is repealed and the following regulation substituted:

Measures for the prevention of collisions

“13. (1) The measures required by the Navigation (Collision) Regulations to be complied with by a master, mate or other person concerned with the navigation, management or working of a ship shall be complied with by a fisherman in charge of a boat in proclaimed waters.

Penalty: $200.

“(2) The imposition of a penalty on a person for a contravention of this regulation by reason of an act or omission does not relieve the person from civil liability for damage occasioned by that act or omission.”.

 

Schedule 3

3. Schedule 3 to the Fisheries Regulations is repealed and the following Schedule substituted:

SCHEDULE 3 Regulation 21

SUBSIDIARY AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF JAPAN CONCERNING JAPANESE TUNA LONG-LINE FISHING

The Government of Australia and the Government of Japan,

Pursuant to the provisions of paragraph 2 of Article II of the Agreement on Fisheries between the Government of Australia and the Government of Japan, signed at Canberra on the seventeenth day of October, 1979 (hereinafter referred to as “the Head Agreement”), and

Wishing to establish the detailed procedures for the conduct of tuna long-line fishing operations by fishing vessels of Japan (hereinafter referred to as “the vessels”) within the Australian fishing zone (hereinafter referred to as “the Zone”) and for the issuance of licences by the Government of Australia,

Have agreed as follows:

ARTICLE I

The Government of Australia shall, in accordance with the provisions of the Head Agreement, issue licences for the vessels, the number of which shall not exceed 290, subject to payment to the Government of Australia of a fee of nine hundred and ninety thousand, seven hundred and twenty Australian dollars for all the vessels to be licensed and for the period of validity of this Subsidiary Agreement.

ARTICLE II

The Government of Australia shall, by the licences issued for the vessels referred to in Article I of this Subsidiary Agreement, permit those vessels to take within the Zone north of Latitude 34° South (excluding the area within the Great Australian Bight) and within that part of the Zone south of Latitude 34° South adjacent to Lord Howe Island, all species of tuna and bill-fish, together with all other species of finfish including oceanic sharks which are incidentally caught:

(a) by the use of floating long-lines, except in the areas and at the times for each of those areas specified in the Appendix to this Subsidiary Agreement, which forms an integral part hereof; and

(b) by the use of hand-lines, in the area of the Coral Sea bounded to the north by the parallel of Latitude 12° South, to the south by the parallel of Latitude 22°21’30” South and to the west by the line described in paragraph B of the Appendix to this Subsidiary Agreement.

ARTICLE III

The Government of Australia and the Government of Japan recognise that it might not be possible for a vessel to prevent parts of its long-line from drifting into an area of the Zone at the time when that vessel is not permitted to take fish in that area in accordance with the provisions of Article II of this Subsidiary Agreement. Cases verified by the Government of Australia as cases in which the drifting of a part of a long-line into such an area cannot reasonably be avoided shall not be regarded as infringements of this Subsidiary Agreement. *

ARTICLE IV

1. The Government of Australia, subject to the relevant laws and regulations of Australia, undertakes to permit the vessels licensed under this Subsidiary Agreement to enter the ports of Brisbane, Sydney, Hobart, Fremantle, Albany and Port Hedland.

2. The Government of Australia shall give due notice to the Government of Japan of the procedures relating to the entry of the vessels into those ports.

ARTICLE V

1. The Government of Australia shall, in accordance with the relevant laws and regulations of Australia, issue a licence to the master of any vessel licensed under this Subsidiary Agreement.

SCHEDULE 3—continued

2. If an application for a licence for a master of any vessel licensed under this Subsidiary Agreement has been accepted by the competent Australian authorities, the Government of Australia shall not require that person to have in his possession, or to produce, the licence until due procedures have been completed for passing the licence to that person.

ARTICLE VI

1. The Government of Australia shall determine, after consultation between the two Governments, the methods of and the terms and conditions with respect to:

(a) applying for and issuing licences in respect of the vessels and masters;

(b) preparing and reporting of catch and effort data in respect of the vessels; and

(c) communicating between the vessels and the competent Australian authorities.

2. The Government of Australia shall notify the Government of Japan of determinations under paragraph 1 of this Article within a reasonable time.

ARTICLE VII

The Government of Japan shall, in accordance with the relevant laws and regulations of Japan, provide the Government of Australia with available current economic and marketing information relevant to the operations of the vessels within the Zone.

ARTICLE VIII

1. The Government of Australia and the Government of Japan shall, in accordance with the provisions of Article IX of the Head Agreement, consult in Canberra not later than three months before the expiry of this Subsidiary Agreement for the purposes of:

(a) reviewing the operations of the vessels under this Subsidiary Agreement including any problems identified by either Government; and

(b) discussing the terms and conditions under which a subsidiary agreement might be concluded for the following period of one year.

2. Upon request by either Government, consultations shall be undertaken at any time during the period of validity of this Subsidiary Agreement on any aspect of the implementation of this Subsidiary Agreement.

ARTICLE IX

This Subsidiary Agreement shall enter into force on the first day of November, 1984 or on the date of signature, whichever is later, and shall remain in force for a period of one year.

IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Subsidiary Agreement.

DONE in duplicate at Canberra, this thirtieth day of October 1984, in the English language.

For the Government of Australia: For the Government of Japan:

JOHN KERIN YOSHIJO KONISHI

APPENDIX

A. At all times, the areas of the Zone, other than the areas described in paragraph B and paragraph C of this Appendix, within 12 nautical miles seaward of the baselines from which the breadth of the territorial sea is measured.

B. At all times, the area landward of the line:

(1) commencing at the intersection of the baseline from which the breadth of the territorial sea is measured on the western coast of Western Australia by the parallel of Latitude 34° South;

(2) thence west along that parallel to its intersection by the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;

(3) thence northerly and north-easterly along that line to its intersection by the meridian of Longitude 127° East;

(4) thence easterly along the rhumb line to the point of Latitude 13°21’ South, Longitude 129°40’ East;

(5) thence north along the meridian of Longitude 129°40’ East to its intersection by the parallel of Latitude 10°30’ South;

SCHEDULE 3—continued

(6) thence east along that parallel to its intersection by the meridian of Longitude 133°16’ East;

(7) thence south along that meridian to its intersection by the parallel of Latitude 11° South;

(8) thence south-easterly along the rhumb line to the point of Latitude 11°25’ South, Longitude 134°15’ East;

(9) thence east along the parallel of Latitude 11°25’ South to its intersection by the meridian of Longitude 135°35’ East;

(10) thence north easterly along the rhumb line to the point of Latitude 11°05’ South, Longitude 136°10’ East;

(11) thence north-easterly along the rhumb line to the point of Latitude 10°30’ South, Longitude 136°40’ East;

(12) thence south-easterly along the rhumb line to the point of Latitude 11° South, Longitude 137°05’ East;

(13) thence south along the meridian of Longitude 137°05’ East to its intersection by the parallel of Latitude 11°47’ South;

(14) thence easterly along the rhumb line to the point of Latitude 11°10’ South, Longitude 141° East;

(15) thence north along the meridian of Longitude 141° East to its intersection by the parallel of Latitude 10°22’44” South;

(16) thence north-easterly along the rhumb line to the point of Latitude 9°46’ South, Longitude 142° East;

(17) thence easterly along the rhumb line to the point of Latitude 9°45’24” South, Longitude 142°03’30” East;

(18) thence north along the meridian of Longitude 142°03’30” East to its intersection by the parallel of Latitude 9°15’43” South;

(19) thence north-easterly along the rhumb line to the point of Latitude 9°12’50” South, Longitude 142°06’25” East;

(20) thence north-easterly along the rhumb line to the point of Latitude 9°11’51” South, Longitude 142°08’33” East;

(21) thence easterly along the rhumb line to the point of Latitude 9°11’58” South, Longitude 142°10’18” East;

(22) thence easterly along the rhumb line to the point of Latitude 9°11’22” South, Longitude 142°12’54” East;

(23) thence easterly along the rhumb line to the point of Latitude 9°11’34” South, Longitude 142°14’08” East;

(24) thence south-easterly along the rhumb line to the point of Latitude 9°13’53” South, Longitude 142°16’26” East;

(25) thence south-easterly along the rhumb line to the point of Latitude 9°16’04” South, Longitude 142°20’41” East;

(26) thence south-easterly along the rhumb line to the point of Latitude 9°22’04” South, Longitude 142°29’41” East;

(27) thence easterly along the rhumb line to the point of Latitude 9°21’48” South, Longitude 142°31’29” East;

(28) thence south-easterly along the rhumb line to the point of Latitude 9°22’33” South, Longitude 142°33’28” East;

(29) thence north-easterly along the rhumb line to the point of Latitude 9°21’25” South, Longitude 142°35’29” East;

(30) thence easterly along the rhumb line to the point of Latitude 9°20’21” South, Longitude 142°41’43” East;

(31) thence easterly along the rhumb line to the point of Latitude 9°20’16” South, Longitude 142043’53” East;

(32) thence easterly along the rhumb line to the point of Latitude 9°19’26” South, Longitude 142°48’18” East, on the line every point on which is 3 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;

(33) thence easterly, south-easterly and southerly along that line to the point of Latitude 9°23’40” South, Longitude 142°51’ East;

SCHEDULE 3—continued

(34) thence south along the meridian of Longitude 142°51’ East to its intersection by the parallel of Latitude 9°40’30” South;

(35) thence easterly along the rhumb line to the point of Latitude 9°40’ South. Longitude 143° East;

(36) thence north-easterly along the rhumb line to the point of Latitude 9°33’ South, Longitude 143°05’ East;

(37) thence east along the parallel of Latitude 9°33’ South to its intersection by the meridian of Longitude 143°20’ East;

(38) thence north-easterly along the rhumb line to the point of Latitude 9°24’ South. Longitude 143°30’ East;

(39) thence easterly along the rhumb line to the point of Latitude 9°22’ South, Longitude 143°48’ East;

(40) thence easterly along the rhumb line to the point of Latitude 9°30’ South, longitude 144°15’ East;

(41) thence south-easterly along the rhumb line to the point of Latitude 9°39’26” South. Longitude 144°28’ East;

(42) thence south along the meridian of Longitude 144°28’ East to its intersection by the parallel of Latitude 9°54’ South;

(43) thence south-westerly along the rhumb line to the point of Latitude 10°15’ South, longitude 144°12’ East;

(44) thence south-westerly along the rhumb line to the point of Latitude 10°28’ South. Longitude 144°10’ East;

(45) thence west along the parallel of Latitude I0°28’ South to its intersection by the meridian of Longitude 144° East;

(46) thence south along that meridian to its intersection b\ the parallel of Latitude10°41’ South;

(47) thence east along that parallel to its intersection by the meridian of Longitude 145° Last:

(48) thence south along that meridian to its intersection b\ the parallel of Latitude 13° South:

(49) thence south-easterly along the rhumb line to the point of Latitude 15° South, Longitude 146° East;

(50) thence southerly along the rhumb line to the point of Latitude I 7°30’ South. Longitude 147’ East:

(51) thence south-easterly along the rhumb line to the point of Latitude 21° South. Longitude 152°55’ East;

(52) thence southerly along the rhumb line to the point of Latitude 24°30’ South. Longitude 154° East;

(53) thence west along the parallel of Latitude 24°30’ South to its intersection by the 200-metre isobath (Aus. 4602):

(54) thence southerly along that isobath to its intersection by the parallel of Latitude 28°40’ South;

(55) thence east along that parallel to its intersection by the meridian of Longitude 154° Last;

(56) thence south along that meridian to its intersection b\ the parallel of Latitude 29°10’ South:

(57) thence southerly along the rhumb line to the point of Latitude 30° South, Longitude 153°45’ East:

(58) thence south-westerly along the rhumb line to the point of Latitude 30°20’ South. Longitude 153°35’ East;

(59) thence southerly along the rhumb line to the point of Latitude 30°55’ South, Longitude 153°22’ East;

(60) thence southerly along the rhumb line to the point of Latitude 31°50’ South. Longitude 153°20’ East;

(61) thence southerly along the rhumb line to the point of Latitude 32°45’ South. Longitude 153°03’ East;

(62) thence south-westerly along the rhumb line to the point of intersection of the parallel of Latitude 33°50’ South by the 200-metre isobath (Aus. 4602):

(63) thence southerly along that isobath to its intersection by the parallel of Latitude 34° South: and

(64) thence west along that parallel to its intersection by the baseline from which the breadth of the territorial sea is measured on the coast of New South Wales.

SCHEDULE 3—continued

C. At all times, the area bounded by the line:

(1) commencing at the point of Latitude 12° South, Longitude 145° East;

(2) thence south along the meridian of Longitude 145° East to its intersection by the parallel of Latitude 13° South;

(3) thence south-easterly along the rhumb line to the point of Latitude 15° South, Longitude 146° East:

(4) thence southerly along the rhumb line to the point of Latitude 17°30’ South, Longitude 147° East;

(5) thence south-easterly along the rhumb line to the point of Latitude 18°43’16” South, Longitude 149° East;

(6) thence north along the meridian of Longitude 149° East to its intersection by the parallel of Latitude 17° South;

(7) thence north-westerly along the rhumb line to the point of Latitude 14° South, Longitude 147° East; and

(8) thence north-westerly along the rhumb line to the point of commencement.

D. From 31 December to 31 March at 1400 hours GMT on each of those days (equivalent to midnight Australian Eastern Standard Time), the area bounded by the line:

(1) commencing at the point of Latitude 30° South, Longitude 153°45’ East;

(2) thence south-westerly along the rhumb line to the point of Latitude 30°20’ South, Longitude 153°35’ East:

(3) thence southerly along the rhumb line to the point of Latitude 30°55’ South, Longitude 153°22’ East:

(4) thence southerly along the rhumb line to the point of Latitude 31°50’ South, Longitude 153°20’ East;

(5) thence southerly along the rhumb line to the point of Latitude 32°45’ South, Longitude 153°03’ East:

(6) thence south-westerly along the rhumb line to the point of intersection of the parallel of Latitude 33°50’ South by the 200-metre isobath (Aus. 4602);

(7) thence southerly along that isobath to its intersection by the parallel of Latitude 34° South;

(8) thence east along that parallel to its intersection by the line every point on which is 50 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;

(9) thence northerly along that line to its intersection by the parallel of Latitude 30° South; and

(10) thence west along that parallel to the point of commencement.

Schedule 5

4. Schedule 5 to the Fisheries Regulations is repealed and the following Schedule substituted:

SCHEDULE 5 Regulation 21

SHORT METHODS OF REFERENCE TO CERTAIN AREAS OF PROCLAIMED WATERS

Column 1	Column 2	Column 3
Item	Short method of reference	Area of proclaimed waters
1	“prescribed area 1”	The area described in paragraph A of the Appendix to the Subsidiary Agreement
2	“prescribed area 2”		The area described in paragraph B of the Appendix to the Subsidiary Agreement
3		“prescribed area 3”		The area described in paragraph C of the Appendix to the Subsidiary Agreement
4	“prescribed area 4”		The area described in paragraph D of the Appendix to the Subsidiary Agreement
5	“prescribed area 5”	The area described in paragraph (b) of Article II of the Subsidiary Agreement
6			“authorized area of Australian fishing zone for Taiwanese vessels”	The area described in Schedule 4

NOTES

1. Notified in the Common wealth of Australia Gazette on 16 August 1985.

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.

Statutory Rules 1985 No. 195

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Radiocommunications (Licensing and General) Regulations

TABLE OF PROVISIONS

PART I—PRELIMINARY

Regulation

1. Citation

2. Interpretation

PART II—GENERAL

3. Authorised use of words

4. Fee for examination for the purposes of section 12 of the Act

5. Fee for issue or variation of compliance statement certificate

6. Prescribed classes of transmitters

7. Declaration as to receivers

8. Licence

9. Display and inspection of licence

10. Issue of duplicate

11. Condition for use of transmitter

12. Installation, &c, of station, service or network

PART III—AMATEUR STATIONS

13. Interpretation

14. Conditions for communication by amateur station

15. Conditions for use of amateur station

16. Conditions in relation to operation of amateur station

17. Condition in relation to control of equipment

PART IV—CITIZEN BAND RADIO STATIONS

18. Channels

PART V—MISCELLANEOUS

19. Prescribed form of warrant

20. Prescribed office for the purposes of section 71 of the Act

21. Evidentiary certificates

SCHEDULE I

Specified expressions in relation to transmitters

TABLE OF PROVISIONS—continued

SCHEDULE 2

Fee for examination for the purposes of section 12 of the Act

SCHEDULE 3

Prescribed classes of transmitters under section 22 of the Act

SCHEDULE 4

Form of search warrant under section 70 of the Act