Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991 (SA)
South Australia
Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991
under the Fisheries Act 1982
Contents
1Short title
3Revocation
4Interpretation
5Constitution of fisheries
6No further licences are to be granted
7Expiry of licences
8Renewal of licences
8ARefund on surrender of licence
9Registration of boats
10Registration as master
11Revocation of registration
12Transfer of licence
13Furnishing of returns
14Copies of returns must be made
15Fees
Schedule 1—Fish prescribed for prawn fisheries
Schedule 2—Fees
Schedule 3—Information required in application for consent to licence transfer
Legislative history
Appendix—Divisional penalties and expiation fees
1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991.
3—Revocation
The following regulations are revoked:
(a)the Scheme of Management (Gulf St. Vincent Prawn Fishery) Regulations 1984 (see Gazette 14.6.1984 p1615), as varied; and
(b)the Scheme of Management (Spencer Gulf Prawn Fishery) Regulations 1984 (see Gazette 14.6.1984 p1605), as varied; and
(c)the Scheme of Management (West Coast Prawn Fishery) Regulations 1987 (see Gazette 16.4.1987 p1045), as varied.
4—Interpretation
(1)In these regulations unless the contrary intention appears—
the Act means the Fisheries Act 1982;
continuous brake power rating has the same meaning as in the Fisheries (General) Regulations 2000;
Corporations Act means the Corporations Act 2001 of the Commonwealth;
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
(a)the company's name;
(b)the address of the company's registered office;
(c)the date of registration of the company;
(d)the State or Territory in which the company is taken to be registered under the Corporations Act;
(e)the company's Australian Company Number;
(f)whether the company is a proprietary company or a public company;
(g)the full name of each director of the company;
(h)the full name of each secretary (if any) of the company;
fishing period, in relation to a prawn fishery, means a period during which it is not unlawful to engage in a fishing activity of a class that constitutes the fishery by virtue of a declaration under section 43 of the Act;
Gulf St. Vincent means the waters within the area bounded by a line commencing at the intersection of the southern shore of Yorke Peninsula at high water mark with the meridian 137° east longitude, then proceeding due south along that meridian to its intersection with the northern shore of Kangaroo Island at high water mark, then easterly along that shore at high water mark to Cape St. Alban (latitude 35°48.7′ south, longitude 138°07.4′ east), then in a direction of 030°T to Porpoise Head on the southern shore of Fleurieu Peninsula (latitude 35°39.6′ south, longitude 138°13.6′ east), then along the high water mark of the eastern and western shoreline of Gulf St. Vincent back to the point of commencement;
licence period means the period of 12 months commencing on 1 July in any year;
overall length, in relation to a boat, means the horizontal distance between—
(a)a perpendicular dropped from the extremity of the bow of the boat, or, if a fixture or structure attached to the bow projects beyond the bow, from the extremity of that fixture or structure; and
(b)a perpendicular dropped from the extremity of the stern of the boat, or, if a fixture or structure attached to the stern projects beyond the stern, from the extremity of that fixture or structure;
prawn means western king prawn (Penaeus latisulcatus);
prawn fishery means—
(a)the Gulf St. Vincent Prawn Fishery; or
(b)the Spencer Gulf Prawn Fishery; or
(c)the West Coast Prawn Fishery,
constituted by these regulations;
revoked regulations means the regulations revoked by regulation 3;
SARDI means the South Australian Research and Development Institute;
Spencer Gulf means the waters of Spencer Gulf that are north of the geodesic joining Cape Catastrophe, Eyre Peninsula and Cape Spencer, Yorke Peninsula;
surveyed length, in relation to a registered boat, means the length as shown on the certificate of survey issued under the Harbors and Navigation Act 1993;
West Coast waters means the waters east of the meridian of longitude 131° east to the meridian of longitude 137° east, but excluding the waters of Spencer Gulf that are north of the geodesic joining Cape Catastrophe, Eyre Peninsula and Cape Spencer, Yorke Peninsula.
(2)In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
(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 Gulf St. Vincent Prawn Fishery; and
(b)the Spencer Gulf Prawn Fishery; and
(c)the West Coast Prawn Fishery.
(2)The Gulf St. Vincent Prawn Fishery consists of—
(a)the taking of prawns in Gulf St. Vincent; and
(b)the taking of fish specified in Part A of Schedule 1 in Gulf St. Vincent where the fish are taken at the same time in the same net incidentally to the taking of prawns.
(3)The Spencer Gulf Prawn Fishery consists of—
(a)the taking of prawns in Spencer Gulf; and
(b)the taking of fish specified in Part A of Schedule 1 in Spencer Gulf where the fish are taken at the same time in the same net incidentally to the taking of prawns.
(4)The West Coast Waters Prawn Fishery consists of—
(a)the taking of prawns in the West Coast waters; and
(b)the taking of fish specified in Part B of Schedule 1 in the West Coast waters where the fish are taken at the same time in the same net incidentally to the taking of prawns.
6—No further licences are to be granted
(1)The licences in respect of the Gulf St. Vincent Prawn Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the Gulf St. Vincent Prawn Fishery subject to the provisions of the Act, the Fisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987 and these regulations, and no other licence may be granted in respect of the fishery.
(2)The licences in respect of the Spencer Gulf Prawn Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the Spencer Gulf Prawn Fishery subject to the Act and these regulations, and no other licence may be granted in respect of the fishery.
(3)The licences in respect of the West Coast Prawn Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the West Coast Prawn Fishery subject to 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 prawn fishery expires on 30 June following the date of its last renewal.
8—Renewal of licences
(1)A licence in respect of a prawn fishery may be renewed by the Director on application made before the expiry of the licence or before the end of the licence period following the expiry of the licence.
(2)An application to renew a licence in respect of a prawn 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 instalments of 25 per cent 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.
8A—Refund on surrender of licence
Where a licence in respect of a prawn fishery is surrendered, 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 day on which the following licence period commences bears to the number of months in the licence period during which the licence was surrendered.
9—Registration of boats
(1)An application to register a boat to be used pursuant to a licence in respect of a prawn 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—
(a)the applicant is the holder of a licence in respect of the fishery; and
(b)no other boat is registered by the endorsement of the applicant's licence in respect of the fishery; and
(c)the boat has—
(i)an overall length not exceeding 22 metres; and
(ii)a main engine the continuous brake power rating of which does not exceed 272 kW.
10—Registration as master
An application for registration of a person as the master of a boat used pursuant to a licence in respect of a prawn 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.
11—Revocation of registration
(1)The Director may, on application by the holder of a licence in respect of a prawn fishery, revoke a registration effected by endorsement of the licence.
(2)An application for the revocation of a 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.
12—Transfer of licence
(1)A licence in respect of a prawn fishery may be transferred with the consent of the Director.
(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 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)where the transferee is a company—a current company extract relating to the transferee issued not more than one month immediately preceding the date of application; and
(d)the application fee specified in Schedule 2.
(6)Before consenting to the transfer of a licence, the Director must be satisfied as to the following matters:
(a)that the licence to be transferred has not been suspended;
(b)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;
(c)that the transfer is to one person only;
(d)that the transferee is—
(i)a natural person of at least 15 years of age; or
(ii)a company;
(e)that no conviction for an offence involving a breach of any legislation relating to fishing has, within the period of three years preceding the date of the application, been recorded in the State or elsewhere in Australia against the transferee, or, where the transferee is a company, against a director of the company;
(f)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, or, where the transferee is a company, against a director of the company;
(i)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—
(i)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
(ii)that—
(A)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
(B)the person or body that granted the entitlement concurs with the separate transfer of the licence.
13—Furnishing of returns
(1)The holder of a licence in respect of a prawn fishery must—
(a)fill out a return in a form determined by the Minister, in respect of each fishing period; 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 fishing period to which it relates.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)Where the holder of a licence in respect of a prawn fishery takes no prawns or other fish pursuant to the licence during a particular fishing period, he or she is required by subregulation (1) to furnish a return in respect of that period indicating that no fish were taken.
14—Copies of returns must be made
The holder of a licence in respect of prawn 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 fishing period to which the return relates.
Penalty: Division 6 fine.
15—Fees
The fees set out in Schedule 2 are prescribed for the purposes of the Act and these regulations.
Schedule 1—Fish prescribed for prawn fisheries
Part A
Crustaceans
Lobster, slipper (Ibacus spp.)
Molluscs
Squid, calamary (Sepioteuthis australis)
Part B
Crustaceans
Lobster, slipper (Ibacus spp.)
Molluscs
Octopus (Octopus spp.)
Scallop (Family Pectinidae)
Squid,
calamary (Sepioteuthis australis)
arrow (Nototodarus gouldii)
Schedule 2—Fees
| 1 | On application for the renewal of a licence in respect of— | |
| (a) the Gulf St. Vincent Prawn Fishery | $25 715.00 | |
| (b) the Spencer Gulf Prawn Fishery | $23 053.00 | |
| (c) the West Coast Prawn Fishery | $4 969.00 | |
| 2 | On application for the transfer of a licence in respect of a prawn fishery | $311.00 |
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, business address and telephone number of the transferee and, where the transferee is a natural person, the transferee's date of birth and residential address.
4The price to be paid for the transfer of—
(a)the licence; and
(b)any boat, equipment, registration endorsed on the licence, or other matter of 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;
(h)a description of the boat's engine, including the make, year of manufacture and continuous brake power rating.
6Details of the number of persons who are to assist the transferee to take fish from the boat or otherwise.
7Details of the person who is to be the registered master of the boat.
8Details of any device to be used to take fish.
9Statements by the transferee as to—
(a)whether or not the transferee, or where the transferee is a company, a director of the company, 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, or where the transferee is a company, a director of the company, 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 or director 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.
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 (Prawn Fisheries) Regulations 1991
Revocation of regulations
The Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991 were revoked by Sch 3 of the Fisheries (Scheme of Management—Prawn Fisheries) Regulations 2006 on 1.9.2006.
Principal regulations and variations
| Year | No | Reference | Commencement |
| 1991 | 106 | Gazette 27.6.1991 p2133 | 27.6.1991: r 2 |
| 1992 | 105 | Gazette 25.6.1992 p1927 | 25.6.1992: r 2 |
| 1993 | 126 | Gazette 24.6.1993 p2072 | 24.6.1993: r 2 |
| 1994 | 95 | Gazette 23.6.1994 p1808 | 23.6.1994: r 2 |
| 1995 | 44 | Gazette 20.4.1995 p1525 | 20.8.1995: r 2 |
| 1995 | 144 | Gazette 29.6.1995 p3154 | 29.6.1995: r 2 |
| 1996 | 154 | Gazette 20.6.1996 p3011 | 20.6.1996: r 2 |
| 1997 | 125 | Gazette 13.5.1997 p1953 | 13.5.1997: r 2 |
| 1998 | 138 | Gazette 11.6.1998 p2550 | 11.6.1998: r 2 |
| 1999 | 136 | Gazette 1.7.1999 p41 | 1.7.1999: r 2 |
| 1999 | 204 | Gazette 7.10.1999 p1449 | 7.10.1999: r 2 |
| 2000 | 137 | Gazette 22.6.2000 p3363 | 22.6.2000: r 2 |
| 2000 | 224 | Gazette 31.8.2000 p1369 | 1.9.2000: r 2 |
| 2001 | 138 | Gazette 28.6.2001 p2441 | 28.6.2001: r 2 |
| 2002 | 47 | Gazette 14.6.2002 p2153 | Pt 7 (rr 24—27)—14.6.2002: r 2 |
| 2003 | 141 | Gazette 5.6.2003 p2407 | Pt 9 (rr 23—26)—5.6.2003: r 2 |
| 2004 | 9 | Gazette 19.2.2004 p535 | Pt 8 (rr 39—44)—19.2.2004: r 2 |
| 2004 | 137 | Gazette 24.6.2004 p2301 | Pt 9 (rr 23—25)—24.6.2004: r 2 |
| 2005 | 138 | Gazette 16.6.2005 p1834 | Pt 9 (rr 17 & 18)—16.6.2005: r 2 |
| 2006 | 136 | Gazette 15.6.2006 p1859 | Pt 10 (rr 19 & 20)—15.6.2006: r 2 |
| 2006 | 138 | Gazette 15.6.2006 p1870 | Pt 10 (r 12)—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 23 | 5.6.2003 |
| r 2 | omitted under the Legislation Revision and Publication Act 2002 | 19.2.2004 |
| r 4 | ||
| r 4(1) | ||
| continuous brake horse power rating | deleted by 224/2000 r 3(a) | 1.9.2000 |
| continuous brake power rating | inserted by 224/2000 r 3(a) | 1.9.2000 |
| Corporations Act | inserted by 9/2004 r 39(1) | 19.2.2004 |
| current company extract | inserted by 9/2004 r 39(1) | 19.2.2004 |
| director | substituted by 224/2000 r 3(a) | 1.9.2000 |
| substituted by 47/2002 r 25(a) | 14.6.2002 | |
| deleted by 9/2004 r 39(1) | 19.2.2004 | |
| licence period | inserted by 144/1995 r 3 | 29.6.1995 |
| substituted by 138/1998 r 3 | 11.6.1998 | |
| proprietary company | substituted by 224/2000 r 3(b) | 1.9.2000 |
| substituted by 47/2002 r 25(b) | 14.6.2002 | |
| deleted by 9/2004 r 39(2) | 19.2.2004 | |
| renewal fee | deleted by 204/1999 r 3 | 7.10.1999 |
| SARDI | inserted by 126/1993 r 3 | 24.6.1993 |
| surveyed length | varied by 224/2000 r 3(c) | 1.9.2000 |
| r 4(2) | varied by 47/2002 r 25(c) | 14.6.2002 |
| substituted by 9/2004 r 39(3) | 19.2.2004 | |
| r 4(3) | varied by 47/2002 r 25(d) | 14.6.2002 |
| (a) deleted by 224/2000 r 3(d) | 1.9.2000 | |
| deleted by 9/2004 r 39(3) | 19.2.2004 | |
| r 7 | substituted by 144/1995 r 4 | 29.6.1995 |
| substituted by 138/1998 r 4 | 11.6.1998 | |
| r 8 | ||
| r 8(1) | varied by 144/1995 r 5(a) | 29.6.1995 |
| r 8(5) | varied by 126/1993 r 4 | 24.6.1993 |
| varied by 136/1999 r 3 | 1.7.1999 | |
| r 8(6) | substituted by 144/1995 r 5(b) | 29.6.1995 |
| substituted by 138/1998 r 5 | 11.6.1998 | |
| r 8(7) | substituted by 138/2001 r 3 | 28.6.2001 |
| r 8A | inserted by 105/1992 r 3 | 25.6.1992 |
| substituted by 144/1995 r 6 | 29.6.1995 | |
| r 9 | ||
| r 9(1) | varied by 9/2004 r 40 | 19.2.2004 |
| r 9(2) | varied by 44/1995 r 3 | 20.8.1995 |
| varied by 224/2000 r 4 | 1.9.2000 | |
| r 10 | substituted by 9/2004 r 41 | 19.2.2004 |
| r 12 | ||
| r 12(2) | deleted by 204/1999 r 4 | 7.10.1999 |
| r 12(5) | (c) deleted by 105/1992 r 4 | 25.6.1992 |
| varied by 9/2004 r 42(1) | 19.2.2004 | |
| r 12(6) | varied by 9/2004 r 42(2) | 19.2.2004 |
| (g) and (h) deleted by 9/2004 r 42(3) | 19.2.2004 | |
| r 13 | ||
| r 13(1) | varied by 105/1992 r 5 | 25.6.1992 |
| varied by 126/1993 r 5 | 24.6.1993 | |
| varied by 9/2004 r 43 | 19.2.2004 | |
| r 14 | varied by 126/1993 r 6 | 24.6.1993 |
| r 15 | inserted by 137/2004 r 23 | 24.6.2004 |
| Sch 1 | varied by 141/2003 r 24 | 5.6.2003 |
| Sch 2 before substitution by 137/2004 | substituted by 105/1992 r 6 | 25.6.1992 |
| substituted by 126/1993 r 7 | 24.6.1993 | |
| substituted by 95/1994 r 3 | 23.6.1994 | |
| varied by 144/1995 r 7 | 29.6.1995 | |
| varied by 154/1996 r 3 | 20.6.1996 | |
| varied by 125/1997 r 3 | 13.5.1997 | |
| varied by 138/1998 r 6 | 11.6.1998 | |
| varied by 136/1999 r 4 | 1.7.1999 | |
| varied by 137/2000 r 3 | 22.6.2000 | |
| varied by 138/2001 r 4 | 28.6.2001 | |
| varied by 47/2002 r 26 | 14.6.2002 | |
| varied by 141/2003 r 25 | 5.6.2003 | |
| Sch 2 | substituted by 137/2004 r 24 | 24.6.2004 |
| substituted by 138/2005 r 17 | 16.6.2005 | |
| substituted by 136/2006 r 19 | 15.6.2006 | |
| varied by 138/2006 r 12 | 1.7.2006 | |
| Sch 3 | ||
| cl 5 | varied by 224/2000 r 5 | 1.9.2000 |
| cl 9 | substituted by 9/2004 r 44 | 19.2.2004 |
| Sch 4 | deleted by 105/1992 r 7 | 25.6.1992 |
Transitional etc provisions associated with regulations or variations
No 105 of 1992
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 year commencing after the commencement of these regulations.
(2)Notwithstanding regulation 6, 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 year that commenced before the commencement of these regulations.
(3)In this regulation—
licence year means the period of 12 months from 1 October in any year.
No 126 of 1993
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 year commencing after the commencement of these regulations.
(2)Notwithstanding 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 year that commenced before the commencement of these regulations.
(3)In this regulation—
licence year means the period of 12 months from 1 October in any year.
No 95 of 1994
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 year commencing after the commencement of these regulations.
(2)Notwithstanding 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 year that commenced before the commencement of these regulations.
(3)In this regulation—
licence year means the period of 12 months from 1 October in any year.
No 144 of 1995
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)Notwithstanding 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 commencing before the commencement of these regulations.
(3)In this regulation—
licence period has the same meaning as in the principal regulations as varied by these regulations.
No 125 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 has the same meaning as in the principal regulations.
No 138 of 1998
7—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 6, 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 136 of 1999
5—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 4, 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 137 of 2000
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 has the same meaning as in the principal regulations.
No 138 of 2001
5—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 4, 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.
Fisheries (Variation of Schemes of Management) Regulations 2002 (No 47 of 2002)
27—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 26, 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)
26—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 25, 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)
25—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 24, 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)
18—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 17, 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)
20—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 19, 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 |
| 16.6.2005 |
| 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.
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