Fisheries (Scheme of Management—River Fishery) Variation Regulations 2007 (SA)

South Australia

Fisheries (Scheme of Management—River Fishery) Variation Regulations 2007

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Fisheries (Scheme of Management—River Fishery) Regulations 2006

1. Variation of regulation 1—Short title

2. Variation of regulation 3—Interpretation

3. Substitution of regulations 5 to 12

   5Conditions limiting certain fishing activities to specified areas

   6Maximum number of licences that may be in force

   7Registration

   8Revocation of registration

4. Variation of regulation 13—Use of agents in fishing activities

5. Variation of regulation 14—Periodic returns

6. Substitution of Schedules 1 to 3

   Schedule 1—Aquatic resources prescribed for River Fishery

   Schedule 2—Transitional provision

   1Eligibility to be granted fishery licence

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries (Scheme of Management—River Fishery) Variation Regulations 2007.

2—Commencement

These regulations will come into operation on the day on which Part 6 Division 1 of the Fisheries Management Act 2007 comes into operation.

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—River Fishery) Regulations 2006

4—Variation of regulation 1—Short title

Regulation 1—delete "Fisheries (Scheme of Management—River Fishery) Regulations" and substitute:

Fisheries Management (River Fishery) Regulations

5—Variation of regulation 3—Interpretation

1. Regulation 3(1), definition of Act—delete the definition and substitute:

   Act means the Fisheries Management Act 2007;

2. Regulation 3(1), definitions of licence period, revoked regulations, River Murray and SARDI—delete the definitions

3. Regulation 3(2)—delete "fish" wherever occurring and substitute in each case:

   aquatic resources

6—Substitution of regulations 5 to 12

Regulations 5 to 12 (inclusive)—delete the regulations and substitute:

5—Conditions limiting certain fishing activities to specified areas

The Minister may impose a condition on a licence in respect of the fishery limiting to specified areas of the River Murray the fishing activities that may be engaged in under the licence.

6—Maximum number of licences that may be in force

The maximum number of licences that may be in force in respect of the fishery is the number of licences in force in respect of the fishery immediately before the commencement of this regulation.

7—Registration

An application by the holder of a licence in respect of the fishery—

(a)to register a boat or device for use under the licence; or

(b)to register a person as a master of a boat that may be used under the licence,

must be accompanied by the documents specified in the application form.

8—Revocation of registration

(1)The Minister may, on application by the holder of a licence in respect of the fishery, revoke the registration of—

(a)a boat or device used under the licence; or

(b)a person as a master of a boat that may be used under the licence.

(2)An application for revocation must—

(a)be made in a manner and form approved by the Minister; and

(b)be signed by the applicant and be completed in accordance with the instructions contained in the form; and

(c)be accompanied by the documents specified in the application form.

7—Variation of regulation 13—Use of agents in fishing activities

Regulation 13, penalty provision—delete "$4 000" and substitute:

$5 000

8—Variation of regulation 14—Periodic returns

1. Regulation 14(1)(b)—delete "Executive Director of SARDI, with the approval of the Minister," and substitute:

   Minister

2. Regulation 14(1)(c)—delete "office of the Executive Director of SARDI" and substitute:

   Minister

3. Regulation 14(1), penalty provision—delete "$4 000" and substitute:

   $5 000

4. Regulation 14(2)—delete "fish" wherever occurring and substitute in each case:

   aquatic resources

5. Regulation 14(2)—delete "pursuant to" and substitute:

   under

6. Regulation 14(4)(a)—delete "Executive Director of SARDI" and substitute:

   Minister

7. Regulation 14(4), penalty provision—delete the penalty provision and substitute:

   Maximum penalty: $5 000.

   Expiation fee: $315.

9—Substitution of Schedules 1 to 3

Schedules 1 to 3 (inclusive)—delete the Schedules and substitute:

Schedule 1—Aquatic resources prescribed for River Fishery

Crustaceans

Yabby (Cherax spp)

Scalefish

Bony Bream (Nematalosa erebi)

Carp of all species (Family Cyprinidae)

Redfin (Perca fluviatilis)

Brown Trout (Salmo trutta)

Rainbow Trout (Oncorhynchus mykiss)

All other non‑native fish

Note—

Common and scientific fish names are given according to AS: SSA‑001 Australian Fish Names Standard published by Seafood Services Australia in July 2007, as amended from time to time.

Schedule 2—Transitional provision

1—Eligibility to be granted fishery licence

Only a person who is, immediately before 30 June 2008, the holder of a licence in respect of the fishery, may make an application under section 54 of the Act for a licence in respect of the fishery.

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 November 2007

No 285 of 2007

MAFF07/020CS