Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 4381

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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, make the following Regulations under the Fisheries Act 1952.

Dated 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

SIMON CREAN

Minister of State for Primary Industries and Energy

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1. Amendment

1.1 The Fisheries Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

 

2. Regulation 15a (Weekly return relating to gemfish)

2.1 Omit the regulation.

3. Regulation 15b (Returns relating to orange roughy)

3.1 Omit the regulation.

4. New Regulation 15a

4.1 After Regulation 15, insert:

Returns relating to SEF species

“15a. (1) In this regulation:

‘Management Plan’ means the South East Fishery (Individual Transferable Quota) Management Plan made by the Minister on 9 December 1991 and published in the Gazette on 9 December 1991;

‘receiver’ means a person who receives SEF species for processing for trade, or for sale by wholesale or retail, except:

(a) a person who receives SEF species for which a receiver is already required to lodge a return under subregulation (4); or

(b) a person who receives SEF species only for the purpose of transporting the fish from one place to another.

‘SEF species’ means:

(a) the species of fish specified in Schedule 1 to the Management Plan; and

(b) School Shark (Galeorhinus galeus); and

(c) Gummy Shark (Mustelus antarcticus).

“(2) This regulation applies only to SEF species taken by a boat in relation to which units under the Management Plan have been allocated or have been assigned as a result of a transfer.

“(3) This regulation applies to receivers who operate in New South Wales, Victoria, Queensland, Western Australia, South Australia or Tasmania on or after 1 January 1992.

“(4) A receiver who receives SEF species on any day must, within 24 hours after the end of the day, complete a return that contains the particulars specified in subregulation (8).

Maximum penalty: $2,000.

 

“(5) The return must be in the form approved by the Minister.

“(6) A receiver who is required to complete a return in any week ending at the end of a Sunday must give the Department a return before the end of the following Tuesday.

Maximum penalty: $2,000.

“(7) A return may be sent or delivered to the Department at the address specified in the return form.

“(8) For the purposes of subregulation (4), the following particulars are specified:

(a) the name of the receiver; and

(b) the address of the depot at which the receiver received the SEF species; and

(c) the name (in block letters) of the individual who takes.

delivery of the SEF species for the receiver; and

(d) the individual’s signature; and

(e) the individual’s telephone number; and

(f) the date on which the receiver received the SEF species; and

(g) the quantity (in kilograms) of each SEF species that the receiver received in each of the following forms:

(i) whole fish; and

(ii) gutted fish; and

(iii) headed and gutted fish; and

(iv) filleted fish; and

(v) fish in any other form.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

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; 1987 Nos. 135 and 259; 1988 Nos. 30, 63 and 81; 1989 No. 69; 1990 Nos. 78, 79 and 200.