Fisheries Regulations (Amendment) (Cth)
REGULATIONS
UNDER THE FISHERIES ACT 1952
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
Dated this twentieth day of September 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
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AMENDMENTS OF THE
FISHERIES REGULATIONS
“nominated person” means a person nominated by the Minister or the Secretary in pursuance of sub-regulation 12j (1);”.
(a) by omitting “grant, endorse or transfer” and substituting “grant or transfer”; and.
(b) by omitting “grant, endorsement or transfer” and substituting “grant or transfer”.
“(2) An application for the grant of a licence under sub-section 9 (2) or (3) of the Act shall be made not less than—
(a) except where paragraph (b) applies—30 days; or
(b) where the Minister or the Secretary in a particular case allows a number of days that is less than 30—the number of days so allowed,
before the date on which the licence so applied for is to come into force.
“(3) An application for the grant, transfer or endorsement of a licence in respect of a foreign boat shall be lodged at the Department of Primary Industry in Canberra.”.
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Each fee specified in column 2 of Schedule 1 is payable in respect of the matter specified in column 1 of the Schedule opposite to that fee.”;
(b) by omitting from sub-regulation (2) “the Schedule” and substituting “Schedule 1”; and
(c) by omitting sub-regulations (4) and (5).
“12a. For the purposes of paragraph 13ab (3) (b) of the Act, the person who is for the time being performing the duties of the office of Senior Co-ordinator, Australian Coastal Surveillance Centre in the Department of Transport is a prescribed person.
“12b. (1) For the purposes of paragraph 13ab (3) (b) of the Act, the prescribed manner of obtaining the approval of a prescribed person or authority is by making an application for the approval to the prescribed person or authority by means of—
(a) in the case of a boat that is at sea at the time the approval is sought—
(i) a radio message transmitted through an Australian coast radio station operated by the Overseas Telecommunications Commission (Australia) that commences with the appropriate code letters and contains the required particulars; or
(ii) a telegram or telex message that commences with the appropriate code letters and contains the required particulars; and
(b) in the case of a boat that is not at sea at the time the approval is sought—a telegram or telex message that commences with the appropriate code letters and contains the required particulars.
“(2) For the purposes of this regulation, the appropriate code letters are—
(a) in the case of an application that is made in respect of a boat that is to travel from a point outside the Australian fishing zone to a point inside an area that is an authorized area in relation to the boat—AFZE;
(b) in the case of an application that is made in respect of a boat that is to travel through an area of the Australian fishing zone that is not an authorized area in relation to the boat, being travel from a port in Australia or in an external Territory to a point inside an area that is an authorized area in relation to the boat or travel from a point inside an area that is an authorized area in relation the boat to a point inside another such area—AFZT;
(c) in the case of an application that is made in respect of a boat that is to travel to a port in Australia or in an external Territory from a point outside the Australian fishing zone or from a point inside an area that is an authorized area in relation to the boat—AFZH; and
(d) in the case of an application that is made in respect of a boat that is to travel to a point outside the Australian fishing zone from a point inside an area that is an authorized area in relation to the boat or from a port in Australia or in an external Territory—AFZX.
“(3) For the purposes of this regulation, the required particulars are—
(a) in the case of an application that is made in respect of a boat referred to in paragraph (2) (a)—
(i) the international radio call-sign of the boat;
(ii) the geographical co-ordinates of the point at which it is proposed that the boat should enter the Australian fishing zone and the date upon which, and the time at which, it is proposed that the boat should arrive at that point; and
(iii) the geographical co-ordinates of the point in the area that is an authorized area in relation to the boat to which it is proposed that the boat should travel and the date upon which, and the time at which, it is proposed that the boat should arrive at that point;
(b) in the case of an application that is made in respect of a boat referred to in paragraph (2) (b)—
(i) the international radio call-sign of the boat;
(ii) where it is proposed that the boat should commence to travel from a port in Australia or in an external Territory—the name of the port and the date upon which, and the time at which, it is proposed that the boat should commence to travel from the port;
(iii) where it is proposed that the boat should commence to travel from a point inside an area that is an authorized area in relation to the boat—the geographical co-ordinates of the point at which it is
proposed that the boat should enter the area of the Australian fishing zone that is not an authorized area in relation to the boat and the date upon which, and the time at which, it is proposed that the boat should so enter that area;
(iv) the proposed movements of the boat while it is in the area of the Australian fishing zone that is not an authorized area in relation to the boat and, where it is proposed that the boat should change course while it is in that area, the geographical co-ordinates of each point at which it is proposed that the boat should change course in that area and the date upon which, and the time at which, it is proposed that each such change of course should occur; and
(v) the geographical co-ordinates of the point to which it is proposed that the boat should travel and the date upon which, and the time at which, it is proposed that the boat should arrive at that point;
(c) in the case of an application that is made in respect of a boat referred to in paragraph (2) (c)—
(i) the international radio call-sign of the boat;
(ii) the geographical co-ordinates of the point at which it is proposed that the boat should enter the area of the Australian fishing zone that is not an authorized area in relation to the boat and the date upon which, and the time at which, it is proposed that the boat should so enter that area;
(iii) the proposed movements of the boat while it is in the area of the Australian fishing zone that is not an authorized area in relation to the boat and, where it is proposed that the boat should change course while it is in that area, the geographical co-ordinates of each point at which it is proposed that the boat should change course in that area and the date upon which, and the time at which, it is proposed that each such change of course should occur; and
(iv) the name of the port to which it is proposed that the boat should travel and the date upon which, and the time at which, it is proposed that the boat should arrive at that port; and
(d) in the case of an application that is made in respect of a boat referred to in paragraph (2) (d)—
(i) the international radio call-sign of the boat;
(ii) where it is proposed that the boat should commence to travel from a port in Australia or in an external
Territory—the name of the port and the date upon which, and the time at which, it is proposed that the boat should commence to so travel;
(iii) where it is proposed that the boat should commence to travel from a point inside an area that is an authorized area in relation to the boat—the geographical co-ordinates of the point at which it is proposed that the boat should enter the area of the Australian fishing zone that is not an authorized area in relation to the boat and the date upon which, and the time at which, it is proposed that the boat should so enter that area;
(iv) the proposed movements of the boat while it is in the area of the Australian fishing zone that is not an authorized area in relation to the boat and, where it is proposed that the boat should change course while it is in that area, the geographical co-ordinates of each point at which it is proposed that the boat should change course in that area and the date upon which, and time at which, it is proposed that each such change of course should occur; and
(v) the geographical co-ordinates of the point at which it is proposed that the boat should leave the Australian fishing zone and the date upon which, and the time at which, it is proposed that the boat should arrive at that point.
“(4) Where a time is required to be specified in an application referred to in sub-regulation (1), that time shall be expressed as Greenwich Mean Time.
“(5) In this regulation, ‘authorized area’, in relation to a boat, means an area within the Australian fishing zone within which the use of the boat for taking, processing and carrying fish is authorized by a licence granted under section 9 of the Act.
“12c. (1) The master of a foreign boat licensed under the Act shall not, without reasonable excuse, fail to make, in accordance with this regulation, while the boat is in the Australian fishing zone, position reports to the Australian Coastal Surveillance Centre in the Department of Transport.
Penalty: $200.
“(2) A position report shall be made within 12 hours after each of the times specified in the licence for the purposes of this regulation.
“(3) A position report—
(a) shall be conveyed to the Australian Coastal Surveillance Centre by radio through an Australian coast radio station
operated by the Overseas Telecommunications Commission (Australia);
(b) shall be prefaced by the code letters AFZP; and
(c) shall specify—
(i) the international radio call-sign of the boat;
(ii) the time specified in the licence that, by virtue of sub-regulation (2), is the relevant time in relation to the making of that report; and
(iii) the geographical co-ordinates of the boat at the time referred to in sub-paragraph (ii).
“12d. (1) The master of a foreign boat licensed under the Act shall, at all times while the boat is in the Australian fishing zone, cause the international radio call-sign allotted to it to be displayed on the boat in accordance with this regulation.
Penalty: $200.
“(2) The international radio call-sign of the boat—
(a) shall be displayed in such a position, or in such positions, on the boat as to be clearly visible from aircraft and from surface vessels; and
(b) shall be represented—
(i) by white characters on a black background;
(ii) by black characters on a white background; or
(iii) by black characters on an international safety yellow background.
“(3) Each character referred to in paragraph (2) (b)—
(a) shall consist of a Roman capital letter without ornamentation or an Arabic numeral without ornamentation;
(b) in the case of a boat less than 20 metres in length—
(i) shall be not less than 50 centimetres in height; and
(ii) shall consist of strokes not less than 6.25 centimetres wide; and
(c) in the case of a boat not less than 20 metres in length—
(i) shall be not less than 1 metre in height; and
(ii) shall consist of strokes not less than 12.5 centimetres wide.
“12e. (1) The master of a foreign boat licensed under the Act shall, at all times while the boat is in the Australian fishing zone, cause the name of the boat to be displayed on the boat in accordance with this regulation.
Penalty: $200.
“(2) The name of the boat shall be displayed—
(a) on both sides of the bow of the boat; and
(b) on the stern of the boat,
in characters of a colour that contrasts with the background on which it appears.
“(3) Each character referred to in sub-regulation (2)—
(a) shall consist of a Roman capital letter without ornamentation or an Arabic numeral without ornamentation; and
(b) shall be not less than 45 centimetres in height.
“(4) The name of the boat displayed at the places specified in sub-regulation (2) shall be kept clean and clearly visible.
“12f. (1) An officer may at any time inspect a foreign boat licensed under the Act and nets, traps and other equipment belonging to the boat and fish taken with the use of the boat.
(2) A person shall not obstruct an officer in the exercise of his powers under sub-regulation (1).
Penalty: $200.
“12g. (1) An officer may require the master of a foreign boat licensed under the Act—
(a) to produce to the officer—
(i) all papers held on the boat relating to the registration of the boat;
(ii) all licences held on the boat that have been issued in respect of the boat by the country whose flag the boat flies; and
(iii) all records held on the boat relating to fishing operations carried out with the use of the boat in the Australian fishing zone; and
(b) to allow the officer to make copies of, or take extracts from, the documents so produced to him.
“(2) An officer to whom a document has been produced under sub-regulation (1) may remove the document from the boat for the purpose of making a copy of or taking an extract from it.
“(3) If a document produced to an officer in pursuance of sub-regulation (1) is in a foreign language, the officer may require the master of the foreign boat, at the expense of the owner of the foreign boat, to furnish him with a written translation of the document into English made by such person as the officer may nominate.
“(4) A person shall not—
(a) refuse or neglect to comply with a requirement made by an officer under sub-regulation (1);
(b) prevent or obstruct an officer from making a copy of or taking an extract from a document under sub-regulation (1);
(c) prevent or obstruct an officer from removing a document from a boat under sub-regulation (2); or
(d) fail or neglect to comply with a requirement made by an officer under sub-regulation (3).
Penalty: $200.
“12h. An officer who, under regulation 12g, removes a document from a boat shall—
(a) retain the document for no longer than is reasonably necessary for making the copy or taking the extract; and
(b) allow the master of the boat, or a person nominated by the master, to accompany him while he has the document away from the boat for the purpose of making the copy or taking the extract.
“12j. (1) The Minister or the Secretary may, by notice in writing delivered to, or radio message sent to, the master of a foreign boat licensed under the Act, nominate—
(a) a person who is an officer; or
(b) a person—
(i) who is engaged in marine research; or
(ii) who is interested in methods of catching, capturing or processing fish,
as a person who is to be carried on the foreign boat in accordance with this regulation.
“(2) A notification delivered or sent to the master of a foreign boat in pursuance of sub-regulation (1) shall specify—
(a) the name and residential address of the nominated person;
(b) if the nominated person is not self-employed—
(i) the name and business address of his employer; and
(ii) the capacity in which he is employed;
(c) if the nominated person is self-employed—
(i) that he is self-employed; and
(ii) his occupation;
(d) the date upon which and the time and place at which, the nominated person is to be taken on board the boat;
(e) the purpose for which the nominated person is to be carried on the boat;
(f) the equipment (if any) relating to that purpose that the nominated person is to be permitted to take on board the boat; and
(g) the date upon which and the time and place at which the nominated person is to be put ashore from the boat.
“(3) A place specified in a notification referred to in sub-regulation (1) as a place at which the nominated person is to be taken on board a boat or put ashore from a boat shall be a place that, having regard to the proposed location of the fishing operations of the boat, is reasonable in the circumstances.
“(4) A notification delivered or sent to the master of a foreign boat in pursuance of sub-regulation (1) shall be delivered or sent to the master so that it is received by him not less than 14 days before the date on which the nominated person is to be taken on board the boat.
“12k. (1) Where the Minister or the Secretary has, in pursuance of sub-regulation 12j (1), nominated a person to be carried on a foreign boat, the master of the boat shall—
(a) have his boat available to receive the nominated person on board at the time and place specified for embarkation in the notification delivered or sent to the master in relation to the nominated person;
(b) permit the nominated person to remain on board the boat until the time specified in the notification for him to be put ashore;
(c) permit the nominated person to have access to all parts of the boat to which he may reasonably require access;
(d) give the nominated person such information as is reasonably requested by him in relation to the boat, the equipment in or on the boat or any fish taken with the use of the boat; and
(e) put the nominated person ashore from the boat at the time and place specified for disembarkation in the notification delivered or sent to the master in relation to the nominated person.
“(2) The master of a foreign boat licensed under the Act on board which a nominated person is being carried in accordance with this regulation shall, while the nominated person is being so carried—
(a) provide the person with accommodation and sustenance of a standard that is equal to or better than the standard of accommodation and sustenance appropriate for a junior officer serving on the boat; and
(b) permit that person to use any facilities of the boat that the person requires the use of in order to operate any equipment taken on board the boat by him, being equipment
specified in the notification given or sent to the master of the boat in accordance with sub-regulation 12j (1).
“(3) Where the Minister or the Secretary has, in pursuance of sub-regulation 12j (1),nominated a person to be carried on a foreign boat, the person to whom the licence in respect of the boat has been issued under the Act shall not obstruct the master of the boat in the performance of his duties under sub-regulations (1) or (2).
Penalty: $200.
“12l. (1)Where a nominated person who is being carried on a foreign boat licensed under the Act requests the master of the boat to transmit a radio message, the master of the boat shall cause the radio message to be transmitted promptly.
Penalty:
$200
“(2)Where the master of a foreign boat licensed under the Act causes a radio message to be transmitted in pursuance of sub-regulation (1) he may recover from the nominated person at whose request the message was sent all costs incurred in sending the message.
“12m. Where a foreign boat licensed under the Act receives a radio message addressed to a nominated person being carried on the boat, the master of the boat shall cause the message to be delivered promptly to the nominated person.
Penalty: $200.”.
“13a. (1) The Secretary shall cause to be issued to each officer, other than a member of a police force or a member of the Defence Force, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.
“(2)A person, other than a member of a police force or a member of the Defence Force, who ceases to be an officer shall forthwith return his identity card to the Secretary.
Penalty: $200.
“(3) Where an officer, other than a member of a police force or a member of the Defence Force, goes aboard a boat for the purpose of inspecting the boat, equipment in or on the boat or fish on board the boat he shall, if requested to do so by the master of the boat, produce to the master the identity card issued to him in pursuance of sub-regulation (1).”.
“19a. For the purposes of sub-section 10 (4) of the Act, the prescribed form, in accordance with which a Justice of the Peace may grant a warrant authorizing an officer to enter land or premises for the purpose referred to in sub-section 10 (3) of the Act, is the form set out in Schedule 2.”.
SCHEDULE 1 Regulation 6
Column 1 | Column 2 | |
Matter | Fee | |
$ | ||
1. | Grant of a licence under sub-section 9 (1) of the Act................................. | 20.00 |
2. | Grant of a licence under sub-section 9 (2) of the Act— | |
| 40.00 | |
| 50.00 | |
| 60.00 | |
| 35.00 | |
3. | Grant of a licence under sub-section 9 (3) of the Act— | |
| 80.00 | |
| 100.00 | |
| 80.00 plus, for each metre in overall length of the boat, 35.00 | |
| 100.00 plus, for each metre in overall length of the boat, 35.00 | |
4. | Transfer under sub-section 9 (7) of the Act of a licence granted under subsection 9 (2) or (3) of the Act | 1.00 |
5. | Issue of a duplicate of a lost or defaced licence.......................................... | 1.00 |
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SCHEDULE 2
FISHERIES ACT 1952 Regulation 19a
SEARCH WARRANT UNDER SUB-SECTION 10 (4)
To; (
WHEREAS, on an application made
under sub-section 10 (3) of that
Act in relation to land or premises at ,
I, (
SCHEDULE 2—continued
YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the land or premises at , for the purpose referred to in sub-section 10 (3) of that Act, namely, the purpose of ascertaining whether there are on that land or in those premises fish that have been landed in contravention of section 13bb of that Act:
AND for so doing, this shall be your sufficient warrant.
Dated this day of 19 .
Justice of the Peace
1.
Notified in the
2. Statutory Rules 1954 No. 116 as amended by Statutory Rules 1968 Nos. 7 and 143; 1974 Nos. 21 land 212; 1975 No. 69;and 1976 No. 173.
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