Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 (SA)
South Australia
Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
under the Fisheries Act 1982
Contents
1Short title
3Revocation
4Interpretation
5Constitution of fisheries
6No further licences to be granted
7Expiry of licences
8Renewal of licences
9Refund on surrender of licence
10Transfer of licences
10ATransfer of licences between family members
10BTransfer of licences under amalgamation scheme
11Registration of boats
12Registration as master
13Revocation of registration
14Registered master may be assisted by only one agent
14ACarriage of crab nets on boats
14BIndividual blue crab catch quota system
14CIndividual pilchard catch quota system
14DRestriction on use of certain registered boats to take pilchards
14EInformation to be provided to Director before certain registered boats are used to take pilchards
15Use of agents in fishing activities on the shore
15ACatch and disposal records—blue crab
15BDisposal of pilchards
15CRestriction on unloading of pilchards onto other boats
15DInformation relating to catch and disposal of pilchards to be reported to Director
15ECatch and disposal records—pilchards
16Furnishing of returns
17Copies of returns must be made
18Fees
19Provision relating to keeping of documents
Schedule 1—Fish prescribed for the Marine Scalefish Fisheries
Schedule 2—Fees
Schedule 3—Information required in application for consent to licence transfer
Schedule 4—Transitional provisions
Legislative history
Appendix—Divisional penalties and expiation fees
1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991.
3—Revocation
The following regulations are revoked:
(a)the Scheme of Management (Marine Scale Fishery) Regulations 1984 (see Gazette 14.6.1984 p1647), as varied; and
(b)the Scheme of Management (Restricted Marine Scale Fishery) Regulations 1984 (see Gazette 14.6.1984 p1657), as varied.
4—Interpretation
(1)In these regulations unless the contrary intention appears—
the Act means the Fisheries Act 1982;
blue crab means blue crab (Portunus pelagicus);
Blue Crab Fishery has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
blue crab fishing zone has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
coastal waters means the waters of the ocean and all bays, gulfs, straits, passages, inlets and estuaries of the State that are subject to the tidal influence of the sea, but does not include the waters of the Coorong between the barrages and the Murray Mouth;
crab net has the same meaning as in the Fisheries (General) Regulations 2000;
Department means the Department of Primary Industries and Resources;
Gulf St. Vincent Blue Crab Fishing Zone has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
marine scalefish fishery means—
(a)the Marine Scalefish Fishery; or
(b)the Restricted Marine Scalefish Fishery,
constituted by these regulations;
MSFP licence means a licence in respect of the Marine Scalefish Fishery endorsed with a condition fixing a pilchard quota on the licence;
pilchard means pilchard (Sardinops neopilchardus);
pilchard net has the same meaning as in the Fisheries (General) Regulations 2000;
the revoked regulations means the regulations revoked by regulation 3;
SARDI means the South Australian Research and Development Institute;
Spencer Gulf Blue Crab Fishing Zone has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
spouse includes a person who is a putative spouse notwithstanding that a declaration has not been made under the Family Relationships Act 1975 in relation to that person.
(4)In these regulations, a reference to the taking of fish includes a reference to an act preparatory to, or involved in the taking of the fish.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
5—Constitution of fisheries
(1)The following fisheries are constituted:
(a)the Marine Scalefish Fishery; and
(b)the Restricted Marine Scalefish Fishery.
(2)The Marine Scalefish Fishery and the Restricted Marine Scalefish Fishery each consist of—
(a)the taking of fish specified in Schedule 1 in coastal waters; and
(b)the taking of razor fish (Pinna bicolor) in coastal waters for the purpose of bait.
(3)The holder of a licence in respect of a marine scalefish fishery must not, for the purpose of trade or business, take blue crab in the waters of a blue crab fishing zone unless the licence is endorsed with a condition fixing a blue crab quota on the licence in relation to that zone.
Penalty: Division 6 fine.
6—No further licences to be granted
(1)The licences in respect of the Marine Scale Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the Marine Scalefish Fishery subject to the provisions of the Act and these regulations, and no other licence may be granted in respect of the fishery.
(2)The licences in respect of the Restricted Marine Scale Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the Restricted Marine Scalefish Fishery subject to the provisions of the Act and these regulations, and no other licence may be granted in respect of the fishery.
7—Expiry of licences
A licence in respect of a marine scalefish fishery expires on 30 June following the date of its last renewal.
8—Renewal of licences
(1)A licence in respect of a marine scalefish fishery may be renewed by the Director on application made before or within 12 months after the expiry of the licence.
(2)An application to renew a licence in respect of a marine scalefish fishery must—
(a)be made by the holder of the licence or, if the licence has expired, by the person who last held the licence; and
(b)be made in writing in a form approved by the Director and signed by the applicant.
(3)Where an application to renew a licence is made before the expiry of the licence, the renewal of the licence takes effect from the expiry of the licence.
(4)Where an application to renew a licence is made after the expiry of the licence, the renewal of the licence takes effect from the date on which the application is granted.
(5)The Director may not renew a licence unless the applicant has paid—
(a)—
(i)the renewal fee specified in Schedule 2 less $90; or
(ii)the first instalment of the renewal fee specified in Schedule 2, in accordance with subregulation (6); and
(b)the amount of any previous renewal fee remaining payable in respect of the licence, together with any additional amount payable for late payment of an instalment of the renewal fee.
(6)Where an application to renew a licence is made before or within three months after the expiry of the licence, the renewal fee may be paid by four equal instalments payable on or before the date of renewal of the licence and 1 October, 1 January and 1 April following the date of renewal.
(7)If an instalment of a renewal fee is not paid in full within 21 days after the due date for payment, an additional amount equal to 10 per cent of the amount of the instalment is payable.
(8)Where—
(a)an instalment of a renewal fee for a licence is not paid in full on or before the due date; or
(b)an additional amount is required to be paid for late payment of an instalment of a renewal fee,
the amount unpaid may be recovered from the holder of the licence or the person who last held the licence as a debt due to the Crown.
9—Refund on surrender of licence
Where a licence in respect of a marine scalefish fishery is surrendered otherwise than as part of a process under regulation 10B, the Director must, on application by the former licensee, refund an amount that bears to the renewal fee last paid in respect of the licence the same proportion as the number of complete months from the date of surrender to the following 1 July bears to 12.
10—Transfer of licences
(a1)In this regulation—
authorised family transfer means a transfer of a licence that is authorised under regulation 10A;
authorised amalgamation scheme transfer means a transfer of a licence that is authorised under regulation 10B.
(1)Subject to these regulations, a licence in respect of a marine scalefish fishery may be transferred with the consent of the Director.
(2)A licence in respect of the Restricted Marine Scalefish Fishery cannot be transferred to the holder of another licence in respect of that fishery.
(3)An application for consent to the transfer of a licence must be a joint application made by the holder of the licence and the transferee.
(4)The application—
(a)must be made in writing in a form approved by the Director; and
(b)must contain the information specified in Schedule 3; and
(c)must contain a nomination by the holder of the licence of the person to whom the licence is to be transferred; and
(d)must be verified by the applicants by statutory declaration.
(5)The application must be lodged with the Director together with—
(a)the licence to be transferred; and
(b)a form of return as required by these regulations completed by the holder of the licence up to the date of application; and
(c)the application fee specified in Schedule 2.
(6)Before consenting to the transfer of a licence, the Director must be satisfied—
(a)that the transfer is—
(i)an authorised family transfer; or
(ii)an authorised amalgamation scheme transfer; and
(b)as to the following matters:
(i)that the licence to be transferred has not been suspended; and
(ii)that no proceedings alleging an offence under the Act are pending or likely to be commenced in the State against the holder of the licence; and
(iii)that the transfer is to one person only; and
(iv)that the transferee is a natural person who—
(A)is at least 15 years of age; and
(B)has not, within the period of three years preceding the date of the application, been convicted in the State or elsewhere in Australia of an offence involving a breach of any legislation relating to fishing; and
(v)that no proceedings alleging an offence involving a breach of any legislation relating to fishing are pending or likely to be commenced in the State or elsewhere in Australia against the transferee; and
(vii)if any boat registered by endorsement of the licence is the subject of, is registered by endorsement of, or is otherwise referred to in, a licence, permit, authority or other entitlement to take fish granted under the Commonwealth Act or the laws of another State or Territory—
(A)that the entitlement is either to be transferred together with the fishery licence to the transferee or to be surrendered on or before the transfer of the fishery licence; or
(B)that—
•the transfer of the fishery licence separately from the entitlement is not likely to result in fishing activities that endanger or overexploit fishery resources; and
•the person or body that granted the entitlement concurs with the separate transfer of the licence.
10A—Transfer of licences between family members
Subject to regulation 10, a licence in respect of the Marine Scalefish Fishery may be transferred if the transferee is—
(a)the spouse of the licensee; or
(b)a parent or grandparent of the licensee; or
(c)a brother or sister, or half-brother or half-sister, of the licensee; or
(d)a child or grandchild of the licensee; or
(e)a child or grandchild of the spouse of the licensee.
10B—Transfer of licences under amalgamation scheme
(1)In this regulation—
aggregate fishing points value, in relation to 2 or more licences, means the sum of the fishing points values endorsed on the licences under this regulation;
aggregate gear entitlement, in relation to 2 or more licences, means the aggregate of the numbers and kinds of devices the use of which is authorised by the gear endorsements of the licences (subject to any applicable limitations on the use of devices imposed by the Fisheries (General) Regulations 2000);
gear endorsement of a licence means the conditions and registrations endorsed on the licence under the Act specifying the numbers and kinds of devices that may be used for the purpose of taking fish pursuant to the licence;
licence means a licence in respect of a marine scalefish fishery;
line licence means a licence other than a net licence;
net means a fish net as defined in the Fisheries (General) Regulations 2000 but does not include a bait net as defined in those regulations;
net licence means a licence with a gear endorsement authorising the use of one or more nets (whether or not the endorsement authorises the use of other devices).
(2)For the purposes of this regulation, the Director must adopt and implement a system for ranking net licences in respect of the Marine Scalefish Fishery and a system for ranking line licences in respect of that fishery under which—
(a)points are allotted to every net licence or line licence, as the case may be, based on—
(i)the quantities of each fish species taken pursuant to the licence during a specified period (as recorded on returns lodged in respect of the licence under regulation 16 or the corresponding regulation previously in force); and
(ii)values (reflecting market values) applied in relation to those recorded quantities of each fish species,
so that the greater the resulting total value the greater the points allotted to the licence; and
(b)all net licences are arranged in ascending order of allotted points and then divided into 10 approximately equal groups and all line licences are similarly arranged and divided into groups; and
(c)the licences in each group are each given a value (a fishing points value) starting with 11 for the group with the lowest range of allotted points, 12 for the next group and so on through to 18 so that the value 18 is given to the licences in the groups with the three highest ranges of allotted points.
(3)The Director must then endorse on each licence in respect of the Marine Scalefish Fishery the fishing points value given to the licence under the system for ranking net licences or the system for ranking line licences (as the case may be) under subregulation (2).
(3a)The Director must endorse on each licence in respect of the Restricted Marine Scalefish Fishery a fishing points value of 7.
(4)The fishing points value endorsed on a licence under this regulation may be varied only—
(a)to reflect a change of the licence from a net licence to a line licence; or
(b)as otherwise required under this regulation; or
(c)in order to correct an error.
(5)Subject to regulation 10, a licence may then be transferred as authorised under the following provisions:
(a)a net licence in respect of the Marine Scalefish Fishery may be transferred to the holder of another net licence in respect of that fishery;
(b)a line licence in respect of the Marine Scalefish Fishery may be transferred to the holder of another line licence in respect of that fishery;
(c)1 or 2 licences in respect of the Restricted Marine Scalefish Fishery may be transferred to the holder of a licence in respect of the Marine Scalefish Fishery;
(d)when a transfer of a kind referred to in a preceding paragraph has effect, the transferee must surrender to the Director 1 of the 2 licences, or 2 of the 3 licences, as the case may be, then held by the transferee;
(e)if 1 or more of the licences held by the transferee has recorded on it under section 56 of the Act a conviction for an offence committed within the preceding period of 3 years, the licence or licences surrendered must be—
(i)the licence or licences without such a conviction, or as the case may require, the licence or licences with the lesser number of such convictions, recorded on the licence or licences; or
(ii)if the same number of such convictions is recorded on each licence—the licence or licences other than the licence with a conviction recorded on it for the most recently committed offence;
(f)where 1 or more licences are to be surrendered but—
(i)the last renewal fee for a licence to be surrendered has not been paid in full; or
(ii)an additional amount is required to be paid for late payment of an instalment of the renewal fee,
the balance of the renewal fee and any such additional amount must be paid before or when that licence is surrendered;
(g)on the surrender of a licence and payment of any amount required to be paid under paragraph (f) in respect of the licence, the Director must—
(i)replace the gear endorsement of the remaining licence held by the transferee with a gear endorsement that makes provision for the aggregate gear entitlement in relation to that licence and the surrendered licence or licences; and
(ii)vary the fishing points value endorsed on the remaining licence under this regulation so that it equals the aggregate fishing points value in relation to that licence and the surrendered licence or licences;
(h)when, as a result of the process referred to in paragraphs (a) to (g), the fishing points value endorsed on a licence under this regulation equals or exceeds 24, the licence may be transferred without complying with those paragraphs;
(i)paragraph (h) does not prevent the holder of a licence with a fishing points value that equals or exceeds 24 from transferring the licence under the process referred to in paragraphs (a) to (g).
11—Registration of boats
(1)An application to register a boat to be used in a marine scalefish fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
(2)Before granting registration of the boat the Director must be satisfied that the applicant is the holder of a licence in respect of the fishery.
12—Registration as master
(1)An application for registration of a person as the master of a boat used pursuant to a licence in respect of a marine scalefish fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
(2)A person other than the holder of the licence cannot be registered as the master of a boat used pursuant to the licence unless the holder of the licence is already registered as the master of a boat used pursuant to a licence in respect of a marine scalefish fishery.
13—Revocation of registration
(1)The Director may, on application by the holder of a licence in respect of a marine scalefish fishery, revoke any registration effected by endorsement of the licence.
(2)An application for revocation of any registration must be made in writing in a form approved by the Director and be accompanied by the licence on which the registration is endorsed.
14—Registered master may be assisted by only one agent
The registered master of a boat registered by endorsement of a licence in respect of the Restricted Marine Scalefish Fishery must not, when using the boat for the purpose of engaging in a fishing activity of a class that constitutes the fishery, cause or permit more than one other person to assist him or her in that activity.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
14A—Carriage of crab nets on boats
The Director may impose conditions on licences in respect of a marine scalefish fishery limiting the number of crab nets that may be carried on boats and otherwise regulating the carrying of crab nets used for fishing activities pursuant to the licences.
14B—Individual blue crab catch quota system
(1)In this regulation—
blue crab quota, in relation to a licence in respect of a marine scalefish fishery or the Blue Crab Fishery and a blue crab fishing zone, means the maximum number of kilograms of blue crab that may be lawfully taken by the holder of the licence in that zone during a licence period, being the product of—
(a)the unit entitlement of that licence in respect of that zone; and
(b)the unit value for that zone and that licence period,
subject to any variation of the blue crab quota of the licence applying during that licence period;
licence period means—
(a)the period commencing on 17 September 2001 and ending on 30 June 2002; or
(b)the period of 12 months commencing on 1 July 2002 or on 1 July in any subsequent year;
unit entitlement, in relation to a licence in respect of a marine scalefish fishery or the Blue Crab Fishery and a blue crab fishing zone, means the number of blue crab units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of blue crab determined by the Director to be the value of a blue crab unit for a blue crab fishing zone and a licence period.
(2)The Director may impose or vary conditions on licences in respect of a marine scalefish fishery fixing or varying blue crab quotas (and may vary conditions on licences in respect of the Blue Crab Fishery varying blue crab quotas) as follows:
(a)on renewal of a licence in respect of a marine scalefish fishery referred to in the left column of the table in Schedule 4 for a term expiring on 30 June 2002, the licence must be allocated the number of blue crab units specified opposite in the middle column in respect of the blue crab fishing zone specified opposite in the right column;
(b)during the licence period ending on 30 June 2002, the conditions of each licence in respect of a marine scalefish fishery referred to in Schedule 4 must be varied so as to reduce the blue crab quota of the licence for that licence period by one kilogram for each kilogram of blue crab taken pursuant to the licence during the period commencing on 1 July 2001 and ending on 16 September 2001 (as recorded on completed CDR books delivered to the Director under regulation 15A);
(c)on the commencement of each licence period, the Director must determine the number of kilograms of blue crab that is to be the value of a blue crab unit for a blue crab fishing zone and the licence period;
(d)on application made to the Director by the holders of any two licences in respect of a marine scalefish fishery endorsed with conditions fixing blue crab quotas on the licences in relation to the same blue crab fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement of one of the licences in respect of that zone and decrease the unit entitlement of the other licence in respect of that zone by a corresponding number of units;
(e)on application made to the Director by the holder of a licence in respect of a marine scalefish fishery endorsed with a condition fixing a blue crab quota on the licence in relation to a particular blue crab fishing zone (the first licence) and the holder of another licence in respect of a marine scalefish fishery (being a licence not endorsed with a condition fixing a blue crab quota on the licence (whether at all or in relation to that zone) (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement of that licence in respect of that zone; and
(ii)a corresponding number of units may be allocated to the second licence and a condition fixing a blue crab quota on that licence in respect of that zone may be imposed;
(f)on application made to the Director by the holder of a licence in respect of a marine scalefish fishery endorsed with a condition fixing a blue crab quota on the licence in relation to a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of the Blue Crab Fishery endorsed with a condition fixing a blue crab quota on the licence in respect of the same zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units; or
(ii)the conditions of the first licence may be varied so as to increase the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone by a corresponding number of units;
(g)on application made to the Director by the holder of a licence in respect of the Blue Crab Fishery endorsed with a condition fixing a blue crab quota in respect of a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery not endorsed with a condition fixing a blue crab quota on the licence (whether at all or in relation to the same zone) (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement of that licence in respect of that zone; and
(ii)a corresponding number of units may be allocated to the second licence and a condition fixing a blue crab quota on that licence in respect of that zone may be imposed;
(h)the Director may, if the total blue crab catch taken pursuant to a licence in respect of a marine scalefish fishery during a licence period exceeded the blue crab quota of the licence for that licence period, vary the conditions of the licence so as to decrease the quota—
(i)if the catch exceeded the quota by not more than 20 kilograms of blue crab—by one kilogram for each kilogram in excess of the quota; or
(ii)if the catch exceeded the quota by more than 20 kilograms but not more than 50 kilograms of blue crab—by two kilograms for each kilogram in excess of the quota;
(i)any variation of a blue crab quota made under paragraph (h) must be expressed to apply only for the licence period during which the variation is made;
(j)unit entitlements and blue crab quotas must not be varied except as provided by this regulation or the Scheme of Management (Blue Crab Fishery) Regulations 1998.
(3)If—
(a)a court convicts the holder of a licence in respect of a marine scalefish fishery of an offence of contravening a condition of the licence imposing a blue crab quota on the licence; and
(b)the conduct constituting the offence involved the taking of more than 50 kilograms of blue crab in excess of the quota,
the court must make an order requiring the Director to vary the conditions of the licence so as to reduce the blue crab quota of the licence for three licence periods following the conviction by one kilogram for each kilogram in excess of the quota for the licence period during which the offence was committed.
(4)An application under subregulation (2)(d), (e), (f) or (g) must be made in a manner and form approved by the Director.
(5)The holder of a licence in respect of a marine scalefish fishery endorsed with a condition fixing a blue crab quota on the licence must not, while the unit entitlement of the licence is less than—
(a)in the case of a licence referred to in Schedule 4—19 blue crab units; or
(b)in any other case—80 blue crab units,
take blue crab pursuant to the licence except in the waters of the State west of longitude 135°E.
Penalty: Division 6 fine.
14C—Individual pilchard catch quota system
(1)This regulation applies only in relation to licences in respect of the Marine Scalefish Fishery endorsed with a condition permitting the holder of the licence to take pilchards by use of a pilchard net.
(2)In this regulation—
pilchard quota, in relation to a licence in respect of the Marine Scalefish Fishery, means the maximum number of kilograms of pilchard that may be lawfully taken by the holder of the licence during a prescribed period, being the product of—
(a)the unit entitlement of that licence; and
(b)the unit value for that prescribed period,
subject to any variation of the pilchard quota of the licence applying during that prescribed period;
prescribed period means—
(a)the period commencing on 10 April 2003 and ending on 31 December 2003; or
(b)the period of 12 months commencing on 1 January 2004 or on 1 January in any subsequent year;
unit entitlement means the number of pilchard units for the time being allocated to a licence;
unit value means the number of kilograms of pilchard determined by the Director to be the value of a pilchard unit for a prescribed period.
(3)The Director may impose or vary conditions on licences in respect of the Marine Scalefish Fishery fixing pilchard quotas as follows:
(a)all licences in respect of the fishery must be allocated the same number of pilchard units;
(b)the Director must, on the commencement of each prescribed period, determine the number of kilograms of pilchard that is to be the value of a pilchard unit for the prescribed period;
(ba)the Director may, not more than twice during a prescribed period, vary the conditions of all licences in respect of the fishery so as to increase the pilchard quotas of the licences by the same number of pilchard units;
(c)the conditions of any two licences in respect of the fishery may, on application made to the Director by the holders of those licences in a manner and form approved by the Director, be varied so as to increase (by whole units or part units) the unit entitlement of one of the licences and decrease the unit entitlement of the other licence by a corresponding number of units;
(d)the Director may, if the total pilchard catch taken pursuant to a licence during a prescribed period exceeded the pilchard quota of the licence for that prescribed period, vary the conditions of the licence so as to decrease the quota—
(i)where the catch exceeded the quota by not more than 2 000 kilograms of pilchard—by one kilogram for each kilogram in excess of the quota; or
(ii)where the catch exceeded the quota by more than 2 000 kilograms but not more than 4 000 kilograms of pilchard—by two kilograms for each kilogram in excess of the quota;
(e)any variation of—
(i)a pilchard quota made pursuant to paragraph (ba) or (d); or
(ii)a unit entitlement made pursuant to paragraph (c),
must be expressed to apply only for the remainder of the prescribed period during which the variation is made;
(f)unit entitlements and pilchard quotas must not be varied except as provided by this regulation.
(4)If—
(a)a court convicts the holder of a licence in respect of the Marine Scalefish Fishery of an offence of contravening a condition of the licence imposing a pilchard quota on the licence; and
(b)the conduct constituting the offence involved the taking of more than 4 000 kilograms of pilchard in excess of the quota,
the court must make an order requiring the Director to vary the conditions of the licence so as to reduce the pilchard quota of the licence for three prescribed periods following the conviction by one kilogram for each kilogram in excess of the quota for the prescribed period during which the offence was committed.
14D—Restriction on use of certain registered boats to take pilchards
(1)A boat registered by endorsement of more than 1 MSFP licence must not be used to take pilchards pursuant to more than 1 such licence at any 1 time.
(2)If subregulation (1) is contravened, the registered owner and registered master of the registered boat are each guilty of an offence.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
14E—Information to be provided to Director before certain registered boats are used to take pilchards
(1)Subject to subregulation (3), at least 4 hours before a boat registered by endorsement of more than 1 MSFP licence departs on a trip during which it is to be used to take pilchards pursuant to such a licence, the Director must be informed by telephone of—
(a)the intended time of the boat's departure; and
(b)the number of the licence pursuant to which the boat is to be used.
(2)If subregulation (1) is not complied with, the registered owner and registered master of the registered boat are each guilty of an offence.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(3)If a boat is used to take pilchards on 2 or more consecutive occasions pursuant to the same MSFP licence, subregulation (1) need only be complied with in relation to the first occasion.
15—Use of agents in fishing activities on the shore
(1)The holder of a licence in respect of a marine scalefish fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—
(a)the holder of the licence or the registered master is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
(b)the holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)The holder of a licence in respect of the Marine Scalefish Fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(3)The holder of a licence in respect of the Restricted Marine Scalefish Fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 1 person to be engaged at the same time on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
15A—Catch and disposal records—blue crab
(1)In this regulation—
CDR book means a book issued by the Department containing blank forms BSCF1;
form BSCF1 means the document produced by the Department entitled BSCF1 Primary Industries (S.A.) Fisheries Blue Crab Catch and Disposal Record.
(2)The holder of a licence in respect of a marine scalefish fishery that is endorsed with a condition fixing a blue crab quota on the licence or the registered master of a boat from which blue crab is taken pursuant to such a licence must comply with the following provisions:
(a)immediately on landing blue crab taken pursuant to the licence he or she must weigh the crabs on accurate scales and complete Part A of form BSCF1 using a blue or black ballpoint pen; and
(b)he or she must cause the crabs to which the completed Part A of that form relates to be transported to the registered premises of the registered fish processor specified on the form, together with the white, blue and green copies of the completed form; and
(c)he or she must complete forms BSCF1 in consecutive ascending order and complete all forms in a CDR book before commencing to use a new CDR book; and
(d)he or she must ensure that the yellow copies of forms BSCF1 and the CDR book are kept on board the registered boat until the CDR book is completed; and
(e)he or she must deliver a completed CDR book to the Director of Fisheries within 14 days of its completion.
(3)If a provision of subregulation (2) is not complied with, the holder of the licence is guilty of an offence.
Penalty: Division 6 fine.
15B—Disposal of pilchards
The holder of a MSFP licence must ensure that all pilchards taken pursuant to the licence are consigned to a registered fish processor.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
15C—Restriction on unloading of pilchards onto other boats
The registered owner or registered master of a registered boat from which pilchards are taken pursuant to a MSFP licence must not cause, suffer or permit the pilchards to be unloaded onto another boat unless the other boat is specified on the certificate of registration of the registered fish processor to whom the pilchards are to be consigned.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
15D—Information relating to catch and disposal of pilchards to be reported to Director
(1)If pilchards are taken from a registered boat pursuant to a MSFP licence, the holder of the licence must ensure that the information specified in subregulation (2) is reported to the Director within the time specified in subregulation (3).
Penalty: Division 7 fine.
Expiation fee: Division 9 fee.
(2)The information that must be reported is—
(a)the name of the person making the telephone call; and
(b)the number of the licence pursuant to which the pilchards were taken; and
(c)the name of the registered boat from which the pilchards were taken; and
(d)the name of the registered master of the registered boat; and
(e)the location at which the pilchards are to be unloaded from the registered boat; and
(f)the estimated time of arrival of the registered boat at that location; and
(g)the estimated total weight in tonnes of the pilchards taken; and
(h)the name of the registered fish processor to whom the pilchards are to be consigned; and
(i)whether the pilchards are to be delivered to the registered premises of the registered fish processor or to be loaded onto a boat specified in the certificate of registration of the registered fish processor; and
(j)the estimated time at which the pilchards are to be unloaded from the registered boat; and
(k)the number of the form PFCDR that is to be completed in respect of the pilchards.
(3)The time within which the information must be reported to the Director is—
(a)if the pilchards are to be delivered to the registered premises of a registered fish processor—at least 1 hour before the pilchards are unloaded from the registered boat; or
(b)if the pilchards are to be loaded onto a boat specified in the certificate of registration of a registered fish processor—at least 2 hours before the pilchards are unloaded from the registered boat.
(4)If, after the name of a registered fish processor is reported to the Director under subregulation (1), the holder of the licence decides to consign the pilchards to a different fish processor from that named in the report, the holder of the licence must ensure that the name of the other registered fish processor is reported to the Director before the pilchards are unloaded from the registered boat.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(5)A report required by subregulation (1) or (4) must be made by telephone to a telephone number provided by the Director for the purposes of this regulation.
15E—Catch and disposal records—pilchards
(1)In this regulation—
CDR book means the document issued by the Department containing forms PFCDR;
form PFCDR means the document produced by the Department entitled PFCDR Primary Industries (S.A.) Fisheries Pilchards Catch and Disposal Record;
form PFTF means the document produced by the Department entitled Pilchard Fishery Transit Form;
PFTF book means the document issued by the Department containing forms PFTF.
(2)If pilchards are taken from a registered boat pursuant to a MSFP licence, the holder of the licence or the registered master of the registered boat must comply with the following provisions:
(a)immediately after the pilchards are unloaded from the registered boat he or she must complete Part A of a form PFCDR in respect of the pilchards;
(b)if the pilchards are to be loaded onto a boat specified in the certificate of registration of a registered fish processor, he or she must ensure that the blue and green copies of the form PFCDR completed in respect of the pilchards are given to the registered fish processor or an agent of the registered fish processor when the pilchards are loaded onto that boat;
(c)if the pilchards are to be transported to the registered premises of a registered fish processor, he or she must ensure that the blue and green copies of the form PFCDR completed in respect of the pilchards are transported to the registered premises together with the pilchards;
(d)if the pilchards are to be transported to the registered premises of a registered fish processor by 2 or more vehicles, he or she must ensure that—
(i)the blue and green copies of the form PFCDR completed in respect of the pilchards are transported in 1 of the vehicles together with the pilchards; and
(ii)Part A of a form PFTF is completed in respect of each other vehicle that is to be used to transport the pilchards; and
(iii)the blue copy of a PFTF form completed in respect of a vehicle is transported to the registered premises together with the pilchards carried in that vehicle;
(e)he or she must cause the white copy of a form PFTF completed in respect of a vehicle to be posted to the Director within 48 hours of the pilchards having being loaded onto the vehicle for transportation to the registered premises of the registered fish processor;
(f)he or she must cause the white copy of the form PFCDR completed in respect of the pilchards to be posted to the Director—
(i)within 24 hours of the pilchards having being unloaded from the registered boat; or
(ii)if a copy of the form has been sent to the Director by facsimile transmission—within 48 hours of the pilchards having been unloaded from the registered boat;
(g)he or she must ensure that the CDR book is kept on the registered boat until all the PFCDR forms in the book are completed.
(3)If a provision of subregulation (2) is not complied with, the holder of the licence is guilty of an offence.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(4)The holder of a MSFP licence must ensure that if a form PFCDR completed in respect of pilchards taken pursuant to the licence is cancelled, all copies of the form are marked with the word "cancelled" and the white, blue and green copies of the form are delivered to the Director within 24 hours of the cancellation.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(5)The holder of a MSFP licence must keep the following documents for a period of 7 years:
(a)CDR books containing the yellow copies of completed forms PFCDR;
(b)PFTF books containing the yellow copies of completed forms PFTF.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
16—Furnishing of returns
(1)The holder of a licence in respect of a marine scalefish fishery must—
(a)fill out a return, in a form determined by the Minister, in respect of each calendar month during the currency of the licence; and
(b)include in the return such information as the Chief Executive Officer of SARDI, with the approval of the Minister, requires; and
(c)date and sign the return and certify that the information contained in the return is complete and accurate, and post or deliver the return to the office of the Chief Executive Officer of SARDI within 15 days of the end of the month to which it relates.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)Where the holder of a licence in respect of a marine scalefish fishery takes no fish pursuant to the licence during a particular calendar month, he or she is required by subregulation (1) to furnish a return in respect of that period indicating that no fish were taken.
17—Copies of returns must be made
The holder of a licence in respect of a marine scalefish fishery must—
(a)make a copy of each return that he or she fills out pursuant to these regulations before the return is sent or delivered to the Chief Executive Officer of SARDI; and
(b)retain the copy for the period of one year from the last day of the month to which the return relates.
Penalty: Division 6 fine.
18—Fees
The fees set out in Schedule 2 are prescribed for the purposes of the Act and these regulations.
19—Provision relating to keeping of documents
A person required by these regulations to keep a document for a period of time must ensure that the document—
(a)is maintained in a good condition and is legible; and
(b)is kept in a readily accessible place; and
(c)is produced for inspection by a fisheries officer on request.
Penalty: Division 7 fine.
Expiation fee: Division 9 fee.
Schedule 1—Fish prescribed for the Marine Scalefish Fisheries
The following fish are specified for the marine scalefish fisheries:
| Scalefish | ||||
| Anchovy (Engraulis australis) Barracouta (Thyrsites atun) Bluethroated wrasse (Notolabrus tetricus) Bream (Acanthopagrus butcheri) Cod (marine species) (Family Moridae) Dory (Family Zeidae) Flathead (Family Platycephalidae) Flounder (Family Pleuronectidae) (Family Bothidae) Garfish (Hyporhamphus melanochir) Horse Mackerel (Trachurus declivis) Leather jacket (Family Aluteridae) Ling (Genypterus blacodes) Mackerel (Scomber australasicus) Morwong (Family Cheilodactylidae) Mullet (Family Mugilidae) Mulloway (Argyrosomus hololepidotus) Nannygai, Red snapper, Swallowtail (Family Berycidae) Pilchard (Sardinops neopilchardus) Red mullet (Upeneichthys porosus) Salmon (Arripis truttaceus) Snapper (Chrysophrys auratus) Snook (Sphyraena novaehollandiae) Sole (Aserragodes haackeanus) Sweep (Scorpis aequipinnis) Tommy ruff (Arripis georgianus) Trevalla (Hyperoglyphe antarctica) Trevally (Usacaranx georgianus) Whiting (Family Sillaginidae) Yellowtail kingfish (Seriola grandis) | ||||
| Crustaceans | ||||
| Crab, blue (Portunus pelagicus) Crab, sand (Ovalipes australiensis) Crab, rock (Nectocarcinus integrifrons) Crab, velvet (Nectocarcinus tuberculosus) | ||||
| Molluscs | ||||
| Cockle (Suborder: Teledonta) Cuttlefish (Sepia spp.) Mussels (Mytilus spp.) Octopus (Octopus spp.) Oyster (Family Ostridae) Scallop (Family Pectinidae) Squid calamary (Sepioteuthis australis) arrow (Nototodarus gouldi) | ||||
| Annelids | ||||
| Beachworm Bloodworm Tubeworm | } | (Class Polychaeta) | ||
| Shark | ||||
| All species other than white pointer shark (Carcharodon carcharias) Skate Rays | } | (Class Elasmobranchii) | ||
Schedule 2—Fees
| 1 | On application for the renewal of a licence in respect of a marine scalefish fishery | $3 669.00 |
| 2 | On application for the renewal of a licence endorsed with a condition fixing a blue crab quota on the licence (in addition to the fee payable under clause 1)—for each blue crab unit allocated to the licence | $50.10 |
| 3 | On application for the transfer of a licence in respect of a marine scalefish fishery | $311.00 |
| 4 | On application under regulation 14B by the holder of a licence in respect of a marine scalefish fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of blue crab | $104.00 |
| 5 | On application under regulation 14C by the holder of a licence in respect of the Marine Scalefish Fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of pilchards | $104.00 |
Schedule 3—Information required in application for consent to licence transfer
The following information is to be contained in an application for consent to transfer a licence:
1Full name of the holder of the licence.
2The licence number.
3Full name, date of birth, address (residential and postal) and telephone number of the transferee.
4The price to be paid for the transfer of—
(a)the licence; and
(b)any boat, equipment, registration or other matter or thing being transferred as part of the transaction.
5Details of any boat to be used by the transferee to take fish including—
(a)its length (where surveyed—surveyed length);
(b)the number of its current survey certificate;
(c)the year of its construction;
(d)the material of which its hull is made;
(e)its main colour;
(f)its name;
(g)its registration number.
6Details of the number of persons who are to assist the transferee to take fish from the boat or otherwise.
7Details of any device to be used to take fish.
9Statements by the transferee as to—
(a)whether or not the transferee has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee in a court of a State or Territory of the Commonwealth.
10Details in respect of any of the statements made by the transferee in respect of the matters referred to in clause 9.
Schedule 4—Transitional provisions
Blue crab units to be allocated to licences on renewal for term ending on 30 June 2002
| Licence number | Number of blue crab units to be allocated | Blue crab fishing zone to which units relate |
| B059 | 30 | Gulf St. Vincent Blue Crab Fishing Zone |
| M012 | 193 | Gulf St. Vincent Blue Crab Fishing Zone |
| M026 | 84 | Gulf St. Vincent Blue Crab Fishing Zone |
| M057 | 342 | Spencer Gulf Blue Crab Fishing Zone |
| M073 | 146 | Gulf St. Vincent Blue Crab Fishing Zone |
| M084 | 27 | Gulf St. Vincent Blue Crab Fishing Zone |
| M155 | 27 | Gulf St. Vincent Blue Crab Fishing Zone |
| M182 | 185 | Gulf St. Vincent Blue Crab Fishing Zone |
| M189 | 92 | Spencer Gulf Blue Crab Fishing Zone |
| M216 | 56 | Gulf St. Vincent Blue Crab Fishing Zone |
| M254 | 36 | Gulf St. Vincent Blue Crab Fishing Zone |
| M262 | 95 | Gulf St. Vincent Blue Crab Fishing Zone |
| M281 | 26 | Gulf St. Vincent Blue Crab Fishing Zone |
| M311 | 21 | Gulf St. Vincent Blue Crab Fishing Zone |
| M323 | 164 | Gulf St. Vincent Blue Crab Fishing Zone |
| M335 | 254 | Gulf St. Vincent Blue Crab Fishing Zone |
| M351 | 21 | Gulf St. Vincent Blue Crab Fishing Zone |
| M355 | 27 | Gulf St. Vincent Blue Crab Fishing Zone |
| M417 | 91 | Spencer Gulf Blue Crab Fishing Zone |
| M432 | 28 | Gulf St. Vincent Blue Crab Fishing Zone |
| M461 | 80 | Spencer Gulf Blue Crab Fishing Zone |
| M492 | 19 | Gulf St. Vincent Blue Crab Fishing Zone |
1—Payment of renewal fee by instalments
Despite regulation 8(6), where an application to renew a licence in respect of a marine scalefish fishery referred to in the table for a term ending on 30 June 2002 is made before or within three months after the expiry of the licence, the renewal fee specified in Schedule 2 may be paid in one instalment of 50 per cent payable on or before the date of renewal and two instalments of 25 per cent payable on 1 January and 1 April 2002.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Formerly
Scheme of Management (Marine Scalefish Fisheries) Regulations 1991
Revocation of regulations
The Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 were revoked by Sch 3 of the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 2006 on 1.9.2006.
Principal regulations and variations
| Year | No | Reference | Commencement |
| 1991 | 111 | Gazette 27.6.1991 p2187 | 27.6.1991: r 2 |
| 1991 | 181 | Gazette 22.8.1991 p635 | 22.8.1991: r 2 |
| 1992 | 2 | Gazette 16.1.1992 p168 | 16.1.1992: r 2 |
| 1992 | 107 | Gazette 25.6.1992 p1932 | 25.6.1992: r 2 |
| 1992 | 217 | Gazette 17.12.1992 p2219 | 1.1.1993: r 2 |
| 1993 | 108 | Gazette 17.6.1993 p1997 | 17.6.1993: r 2 |
| 1993 | 124 | Gazette 24.6.1993 p2068 | 24.6.1993: r 2 |
| 1994 | 5 | Gazette 10.2.1994 p265 | 10.2.1994: r 2 |
| 1994 | 97 | Gazette 23.6.1994 p1812 | 23.6.1994: r 2 |
| 1994 | 152 | Gazette 1.9.1994 p677 | 1.9.1994: r 2 |
| 1995 | 147 | Gazette 29.6.1995 p3161 | 29.6.1995: r 2 |
| 1996 | 152 | Gazette 20.6.1996 p3009 | 20.6.1996: r 2 |
| 1996 | 160 | Gazette 27.6.1996 p3162 | 27.6.1996: r 2 |
| 1997 | 131 | Gazette 13.5.1997 p1959 | 13.5.1997: r 2 |
| 1998 | 132 | Gazette 11.6.1998 p2534 | 11.6.1998: r 2 |
| 1999 | 141 | Gazette 1.7.1999 p51 | 1.7.1999: r 2 |
| 2000 | 135 | Gazette 22.6.2000 p3356 | 22.6.2000: r 2 |
| 2001 | 142 | Gazette 28.6.2001 p2449 | 28.6.2001: r 2 |
| 2001 | 218 | Gazette 13.9.2001 p4174 | 13.9.2001 except rr 1—9—17.9.2001: r 2 |
| 2002 | 47 | Gazette 14.6.2002 p2153 | Pt 5 (rr 16—19)—14.6.2002: r 2 |
| 2002 | 137 | Gazette 27.6.2002 p2751 | 27.6.2002: r 2 |
| 2003 | 35 | Gazette 10.4.2003 p1673 | 10.4.2003: r 2 |
| 2003 | 141 | Gazette 5.6.2003 p2407 | Pt 7 (rr 17—19)— 5.6.2003: r 2 |
| 2004 | 9 | Gazette 19.2.2004 p535 | Pt 6 (rr 24—31)—19.2.2004: r 2 |
| 2004 | 137 | Gazette 24.6.2004 p2301 | Pt 7 (rr 17—19)—24.6.2004: r 2 |
| 2004 | 207 | Gazette 23.9.2004 p3714 | 1.10.2004: r 2 |
| 2005 | 138 | Gazette 16.6.2005 p1834 | Pt 7 (rr 13 & 14)—16.6.2005: r 2 |
| 2005 | 207 | Gazette 29.9.2005 p3554 | 1.10.2005: r 2 |
| 2006 | 71 | Gazette 8.6.2006 p1628 | 8.6.2006: r 2 |
| 2006 | 136 | Gazette 15.6.2006 p1859 | Pt 8 (rr 15 & 16)—15.6.2006: r 2 |
| 2006 | 138 | Gazette 15.6.2006 p1870 | Pt 8 (r 10)—1.7.2006: r 2 |
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
| Provision | How varied | Commencement |
| r 1 | substituted by 141/2003 r 17 | 5.6.2003 |
| r 2 | omitted under the Legislation Revision and Publication Act 2002 | 19.2.2004 |
| r 4 | ||
| r 4(1) | ||
| blue crab | inserted by 132/1998 r 3(a) | 11.6.1998 |
| Blue Crab Fishery | inserted by 132/1998 r 3(a) | 11.6.1998 |
| blue crab fishing zone | inserted by 132/1998 r 3(a) | 11.6.1998 |
| blue crab net entitlement | inserted by 132/1998 r 3(a) | 11.6.1998 |
| deleted by 218/2001 r 3 | 17.9.2001 | |
| blue crab pot entitlement | inserted by 132/1998 r 3(a) | 11.6.1998 |
| deleted by 218/2001 r 3 | 17.9.2001 | |
| crab net | inserted by 132/1998 r 3(b) | 11.6.1998 |
| varied by 142/2001 r 3 | 28.6.2001 | |
| crab pot | inserted by 132/1998 r 3(b) | 11.6.1998 |
| varied by 142/2001 r 3 | 28.6.2001 | |
| deleted by 218/2001 r 3 | 17.9.2001 | |
| Department | inserted by 132/1998 r 3(b) | 11.6.1998 |
| director | substituted by 47/2002 r 17(a) | 14.6.2002 |
| deleted by 9/2004 r 24(1) | 19.2.2004 | |
| Gulf St. Vincent Blue Crab Fishing Zone | inserted by 132/1998 r 3(b) | 11.6.1998 |
| licence period | inserted by 141/1999 r 3 | 1.7.1999 |
| deleted by 218/2001 r 3 | 17.9.2001 | |
| marine scalefish fishery | substituted by 124/1993 r 3(a) | 24.6.1993 |
| MSFP licence | inserted by 207/2005 r 4 | 1.10.2005 |
| pilchard | inserted by 135/2000 r 3 | 22.6.2000 |
| pilchard net | inserted by 135/2000 r 3 | 22.6.2000 |
| varied by 142/2001 r 3 | 28.6.2001 | |
| SARDI | inserted by 124/1993 r 3(b) | 24.6.1993 |
| Spencer Gulf Blue Crab Fishing Zone | inserted by 132/1998 r 3(c) | 11.6.1998 |
| spouse | inserted by 2/1992 r 2 | 16.1.1992 |
| r 4(2) | varied by 47/2002 r 17(b) | 14.6.2002 |
| deleted by 9/2004 r 24(2) | 19.2.2004 | |
| r 4(3) | varied by 47/2002 r 17(d) | 14.6.2002 |
| (a) deleted by 47/2002 r 17(c) | 14.6.2002 | |
| deleted by 9/2004 r 24(2) | 19.2.2004 | |
| r 5 | ||
| r 5(2) | substituted by 160/1996 r 3 | 27.6.1996 |
| r 5(3) | inserted by 132/1998 r 4 | 11.6.1998 |
| substituted by 218/2001 r 4 | 17.9.2001 | |
| r 8 | ||
| r 8(2) | substituted by 181/1991 r 2(a) | 22.8.1991 |
| r 8(5) | inserted by 181/1991 r 2(b) | 22.8.1991 |
| varied by 141/1999 r 4 | 1.7.1999 | |
| r 8(6) | inserted by 181/1991 r 2(b) | 22.8.1991 |
| r 8(7) | inserted by 181/1991 r 2(b) | 22.8.1991 |
| substituted by 142/2001 r 4 | 28.6.2001 | |
| r 8(8) | inserted by 181/1991 r 2(b) | 22.8.1991 |
| r 9 | varied by 152/1994 r 3 | 1.9.1994 |
| r 10 | ||
| r 10(a1) | inserted by 152/1994 r 4(a) | 1.9.1994 |
| r 10(1) and (2) | substituted by 207/2004 r 4 | 1.10.2004 |
| r 10(2a) | inserted by 2/1992 r 3 | 16.1.1992 |
| varied by 107/1992 r 3 | 25.6.1992 | |
| varied by 217/1992 r 3 | 1.1.1993 | |
| varied by 108/1993 r 3 | 17.6.1993 | |
| varied by 5/1994 r 3 | 10.2.1994 | |
| deleted by 152/1994 r 4(b) | 1.9.1994 | |
| r 10(6) | substituted by 152/1994 r 4(c) | 1.9.1994 |
| (b)(vi) deleted by 9/2004 r 25 | 19.2.2004 | |
| r 10A | inserted by 152/1994 r 5 | 1.9.1994 |
| r 10B | inserted by 152/1994 r 5 | 1.9.1994 |
| r 10B(1) | ||
| aggregate fishing points value | varied by 207/2004 r 5(1) | 1.10.2004 |
| aggregate gear entitlement | varied by 142/2001 r 5 | 28.6.2001 |
| varied by 207/2004 r 5(2) | 1.10.2004 | |
| gear endorsement | varied by 71/2006 r 4(1) | 8.6.2006 |
| licence | varied by 207/2004 r 5(3) | 1.10.2004 |
| net | substituted by 71/2006 r 4(2) | 8.6.2006 |
| r 10B(2) | varied by 207/2004 r 5(4), (5) | 1.10.2004 |
| r 10B(3) | varied by 207/2004 r 5(6) | 1.10.2004 |
| r 10B(3a) | inserted by 207/2004 r 5(7) | 1.10.2004 |
| r 10B(4) | varied by 207/2004 r 5(8) | 1.10.2004 |
| r 10B(5) | varied by 160/1996 r 4 | 27.6.1996 |
| varied by 9/2004 r 26 | 19.2.2004 | |
| substituted by 207/2004 r 5(9) | 1.10.2004 | |
| r 10C | inserted by 152/1994 r 5 | 1.9.1994 |
| varied by 218/2001 r 5 | 17.9.2001 | |
| deleted by 71/2006 r 5 | 8.6.2006 | |
| r 12 | substituted by 9/2004 r 27 | 19.2.2004 |
| r 14 | varied by 9/2004 r 28 | 19.2.2004 |
| r 14A | inserted by 132/1998 r 5 | 11.6.1998 |
| varied by 141/1999 r 5 | 1.7.1999 | |
| substituted by 218/2001 r 6 | 17.9.2001 | |
| r 14B | inserted by 132/1998 r 5 | 11.6.1998 |
| varied by 141/1999 r 6 | 1.7.1999 | |
| substituted by 218/2001 r 6 | 17.9.2001 | |
| r 14C | inserted by 135/2000 r 4 | 22.6.2000 |
| r 14C(2) | ||
| licence period | inserted by 218/2001 r 7 | 17.9.2001 |
| deleted by 35/2003 r 4(1) | 10.4.2003 | |
| pilchard quota | varied by 35/2003 r 4(2) | 10.4.2003 |
| prescribed period | inserted by 35/2003 r 4(3) | 10.4.2003 |
| unit value | varied by 35/2003 r 4(4) | 10.4.2003 |
| r 14C(3) | varied by 35/2003 r 4(5)—(7) | 10.4.2003 |
| r 14C(4) | varied by 35/2003 r 4(8), (9) | 10.4.2003 |
| rr 14D and 14E | inserted by 207/2005 r 5 | 1.10.2005 |
| r 15 | substituted by 9/2004 r 29 | 19.2.2004 |
| r 15A | inserted by 132/1998 r 6 | 11.6.1998 |
| r 15A(2) | varied by 142/2001 r 6 | 28.6.2001 |
| varied by 218/2001 r 8 | 17.9.2001 | |
| rr 15B—15E | inserted by 207/2005 r 6 | 1.10.2005 |
| r 16 | ||
| r 16(1) | varied by 107/1992 r 4 | 25.6.1992 |
| varied by 124/1993 r 4 | 24.6.1993 | |
| varied by 9/2004 r 30 | 19.2.2004 | |
| r 17 | varied by 124/1993 r 5 | 24.6.1993 |
| r 18 | inserted by 137/2004 r 17 | 24.6.2004 |
| r 19 | inserted by 207/2005 r 7 | 1.10.2005 |
| Sch 1 | varied by 152/1994 r 6 | 1.9.1994 |
| varied by 160/1996 r 5 | 27.6.1996 | |
| Sch 2 before substitution by 137/2004 | substituted by 107/1992 r 5 | 25.6.1992 |
| substituted by 124/1993 r 6 | 24.6.1993 | |
| substituted by 97/1994 r 3 | 23.6.1994 | |
| varied by 147/1995 r 3 | 29.6.1995 | |
| varied by 152/1996 r 3 | 20.6.1996 | |
| varied by 131/1997 r 3 | 13.5.1997 | |
| varied by 132/1998 r 7 | 11.6.1998 | |
| varied by 141/1999 r 7 | 1.7.1999 | |
| varied by 135/2000 r 5 | 22.6.2000 | |
| varied by 142/2001 r 7 | 28.6.2001 | |
| varied by 218/2001 r 9 | 17.9.2001 | |
| varied by 47/2002 r 18 | 14.6.2002 | |
| varied by 137/2002 r 3 | 27.6.2002 | |
| varied by 141/2003 r 18 | 5.6.2003 | |
| Sch 2 before substitution by 138/2005 | substituted by 137/2004 r 18 | 24.6.2004 |
| cl 3 | varied by 207/2004 r 6 | 1.10.2004 |
| Sch 2 | substituted by 138/2005 r 13 | 16.6.2005 |
| substituted by 136/2006 r 15 | 15.6.2006 | |
| varied by 138/2006 r 10(1), (2) | 1.7.2006 | |
| Sch 3 | ||
| cl 9 | substituted by 9/2004 r 31 | 19.2.2004 |
| Sch 4 | deleted by 107/1992 r 6 | 25.6.1992 |
| inserted by 218/2001 r 10 | 13.9.2001 |
Transitional etc provisions associated with regulations or variations
No 131 of 1997
4—Transitional provision
(1)A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
(2)Despite regulation 3, a licence renewal fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
(3)In this regulation—
licence period means the period of 12 months commencing on 1 July in any year.
No 132 of 1998
8—Transitional provision
(1)A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
(2)Despite regulation 7, a licence renewal fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
(3)In this regulation—
licence period has the same meaning as in the principal regulations.
No 141 of 1999
8—Transitional provision
(1)A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
(2)Despite regulation 7, a licence renewal fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
(3)In this regulation—
licence period has the same meaning as in the principal regulations.
No 135 of 2000
6—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
(2)Despite regulation 5, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
(3)In this regulation—
licence period has the same meaning as in the principal regulations.
No 142 of 2001
8—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
(2)Despite regulation 7, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
(3)In this regulation—
licence period has the same meaning as in the principal regulations.
Fisheries (Variation of Schemes of Management) Regulations 2002 (No 47 of 2002)
19—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as varied by this Part applies in relation to a licence period commencing after the commencement of this Part.
(2)Despite regulation 18, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of this Part continues to apply in relation to a licence period that commenced before the commencement of this Part.
(3)In this regulation—
licence period has the same meaning as in the principal regulations.
Fisheries (Fees) Variation Regulations 2003 (No 141 of 2003)
19—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as varied by this Part applies in relation to the licence period commencing after the commencement of these regulations.
(2)Despite regulation 18, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period commencing before the commencement of these regulations.
Fisheries (Fees) Variation Regulations 2004 (No 137 of 2004)
19—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing after the commencement of these regulations.
(2)Despite regulation 18, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period commencing before the commencement of these regulations.
Fisheries (Fees) Variation Regulations 2005 (No 138 of 2005)
14—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
(2)Despite regulation 13, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Fisheries (Fees) Variation Regulations 2006 (No 136 of 2006)
16—Transitional provision
(1)A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2006.
(2)Despite regulation 15, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2005.
Historical versions
| 19.2.2004 |
| 24.6.2004 |
| 1.10.2004 |
| 16.6.2005 |
| 1.10.2005 |
| 8.6.2006 (electronic only) |
| 15.6.2006 |
Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:
| Division | Maximum imprisonment | Maximum fine | Expiation fee |
| 1 | 15 years | $60 000 | — |
| 2 | 10 years | $40 000 | — |
| 3 | 7 years | $30 000 | — |
| 4 | 4 years | $15 000 | — |
| 5 | 2 years | $8 000 | — |
| 6 | 1 year | $4 000 | $300 |
| 7 | 6 months | $2 000 | $200 |
| 8 | 3 months | $1 000 | $150 |
| 9 | – | $500 | $100 |
| 10 | – | $200 | $75 |
| 11 | – | $100 | $50 |
| 12 | – | $50 | $25 |
Note: This appendix is provided for convenience of reference only.
0
0
0