Fisheries Regulations (Amendment) (Cth)

Statutory Rules

1974 No. 211

REGULATIONS UNDER THE FISHERIES ACT 1952-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Fisheries Act 1952-1974.

Dated this twelfth day of November, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

K. S. WRIEDT

Minister of State for Agriculture.

__________

Amendments of the Fisheries Regulations

Commencement.

1. These Regulations shall come into operation on the date on which the Fisheries Act 1973 (other than sections 1, 2, 8, 18 and 20) comes into operation.

Interpretation.

2. Regulation 3 of the Fisheries Regulations is repealed and the following regulations substituted:—

“3. In these Regulations, unless the contrary intention appears—

‘approved form’ means a form approved by the Minister;

‘licencing authority’ means the Minister or the Secretary and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Secretary to a person or authority under sub-section (1) of section 6a of the Act, that person or authority;

‘master’, in relation to a boat, includes the person for the time being in charge of the boat;

‘the Act’ means the Fisheries Act 1952-1974.

Licence not to be granted, &c., until fee paid.

“4.A licencing authority shall not grant, endorse or transfer a licence under section 9 of the Act unless the fee prescribed by these Regulations in respect of the grant, endorsement or transfer, as the case may be, of that licence has been paid.

Application to be in approved form.

“4a. An application for the grant, transfer or endorsement of a licence shall be made in the approved form.”.

* Notified in the Australian Government Gazette on 19 November 1974.

  Statutory Rules 1954, No. 116, as amended by Statutory Rules 1968, Nos. 7 and 143.

Lost or destroyed licences, &c.

3. Regulation 8 of the Fisheries Regulations is amended—

(a) by omitting the words “or certificate of registration” (wherever occurring); and

(b) by omitting from sub-regulation (1) the words “or issued”.

Defaced licences, &c.

4. Regulation 9 of the Fisheries Regulations is amended—

(a) by omitting the words “or certificate of registration” (wherever occurring); and

(b) by omitting from sub-regulation (1) the words “or issued”.

5. After regulation 14 of the Fisheries Regulations the following regulations are added:—

Return by processor.

“15. A person who has, at any time during a period of six months ending on the last day of a month, received, at a place in Australia north of the parallel 20 degrees south latitude, prawns for processing in Australia shall, on or before the fifteenth day of the next succeeding month, furnish a return in the approved form to the Secretary—

(a) stating the total quantity of prawns so received during the preceding month (including the quantity of prawns received from each boat from which prawns were received);

(b) giving the prescribed particulars in relation to those prawns; and

(c) giving particulars of the sale or other disposal of any fish (other than prawns) received by the processor at a place north of that parallel during the preceding month for processing in Australia.

Penalty: $200.

Return by master of prawns processed north of 20° south latitude.

“16. The master of a boat, in respect of which a licence has been granted under sub-section 9 (2) of the Act and with the use of which prawns taken north of the parallel 20 degrees south latitude have, during a period of six months ending on the last day of a month, been processed in Australian waters shall, on or before the fifteenth day of the next succeeding month, furnish a return in the approved form to the Secretary—

(a) stating the total quantity of those prawns so processed during the preceding month;

(b) giving the prescribed particulars in relation to those prawns; and

(c) giving particulars of the sale or other disposal of any fish (other than prawns) taken with the use of the boat north of that parallel, during the preceding month in Australian waters.

Penalty: $200.

Return by master of prawns delivered for processing south of 20º south latitude.

“17. The master of a boat, in respect of which a licence has been granted under sub-section 9 (2) of the Act and from which prawns taken with the use of the boat in Australian waters north of the parallel 20 degrees south latitude have, during a period of six months ending on the last day of a month, been delivered south of that parallel to another boat, or to a place in Australia, shall, on or before the fifteenth day of the next succeeding month, furnish a return in the approved form to the Secretary—

(a) stating the total quantity of those prawns so delivered during the preceding month;

(b) giving particulars of the sale of those prawns; and

(c) giving particulars of the sale of any fish (other than prawns) taken with the use of the boat in Australian waters north of that parallel that have, during the preceding month, been delivered south of that parallel to another boat, or to a place in Australia.

Penalty: $200.

Return by master of prawns received from another boat processed in Australian waters.

“18. The master of a boat, in respect of which a licence has been granted under sub-section 9 (3) of the Act and with the use of which prawns received from another boat north of the parallel 20 degrees south latitude have, during a period of six months ending on the last day of a month, been processed in Australian waters shall, on or before the fifteenth day of the next succeeding month, furnish a return in the approved form to the Secretary—

(a) stating the total quantity of those prawns so processed during the preceding month;

(b) giving the prescribed particulars in relation to those prawns; and

(c) giving particulars of the sale or disposal of any fish (other than prawns) received by the boat from another boat north of that parallel and processed in Australian waters with the use of the boat during the preceding month.

Penalty: $200.

Interpretation.

“19. (1) For the purposes of regulations 15, 16 and 18, ‘the prescribed particulars’ in relation to prawns referred to in paragraph 15 (a), 16 (a) or 18 (a) are particulars of—

(a) the total value of the prawns;

(b) the value of prawns of each species of prawn;

(c) the quantity of prawns of each species of prawn;

(d) the sale or other disposal of so much of the prawns as are sold or otherwise disposed of in the form of—

(i) uncooked prawn tails;

(ii) prawn cutlets (being peeled, de-veined, and split prawn tails) whether cooked or uncooked and whether breaded or unbreaded;

(iii) whole uncooked prawns; or

(iv) whole cooked prawns or in any other wholly or partially processed form.

“(2) For the purposes of sub-regulation (1), particulars of the sale or other disposal of prawns in the form of uncooked prawn tails shall be separately specified in relation to each species and size range of prawn.

Marking of fishing equipment.

“20. A licensing authority shall, upon the application of the holder of a licence granted under sub-section 9 (2) of the Act, assign a distinguishing symbol to equipment, being equipment of a kind to which a notice under paragraph 8 (1) (f) of the Act applies, to be used for taking, in the area of proclaimed waters specified in the notice, fish to which the notice applies in pursuance of the licence.”.