Fisheries (Scheme of Management—Marine Scalefish Fisheries) Variation Regulations 2005 (SA)
South Australia
Fisheries (Scheme of Management—Marine Scalefish Fisheries) Variation Regulations 2005
under the Fisheries Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
Variation of regulation 4—Interpretation
Insertion of regulations 14D and 14E
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
Insertion of regulations 15B, 15C, 5D and 15E
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
Insertion of regulation 19
19Provision relating to keeping of documents
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Variation Regulations 2005.
2—Commencement
These regulations will come into operation on 1 October 2005.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
4—Variation of regulation 4—Interpretation
Regulation 4(1)—after the definition of marine scalefish fishery insert:
MSFP licence means a licence in respect of the Marine Scalefish Fishery endorsed with a condition fixing a pilchard quota on the licence;
5—Insertion of regulations 14D and 14E
After regulation 14C insert:
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.
6—Insertion of regulations 15B, 15C, 5D and 15E
After regulation 15A insert:
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 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 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 the all 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 fine.
(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 fine.
(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 fine.
7—Insertion of regulation 19
After regulation 18 insert:
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.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 29 September 2005
No 207 of 2005
MAFF05/0013CS
0
0
0