Fishing Industry Organisation and Marketing Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 194 Fishing Industry Organisation and Marketing Act 1982 FISHING INDUSTRY ORGANISATION AND MARKETING AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 36 (Prohibition against taking certain fish) . . . . . . . . . . . 3 5 Amendment of s 36A (Non–application of prohibition against taking certain fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new ss 36AA–36AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 36AA Meaning of “tropical rock lobster area” . . . . . . . . . . . . . . . . . . . . . . 4 36AB Prohibition against taking or having in possession certain fish in the tropical rock lobster area . . . . . . . . . . . . . . . . . . . . . . . . . . 5 36AC Nonapplication of prohibition against taking or having in possession certain fish in the tropical rock lobster area . . . . . . . . . . 6 7 Amendment of s 36B (Exemption for Aborigines and Torres Strait Islanders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 39 (Certain acts prohibited) . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of Sch 4 (Limit on taking of certain species of fish) . . . . . . . 6 10 Insertion of new Schs 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 4A LIMIT ON TAKING OR HAVING IN POSSESSION IN THE TROPICAL ROCK LOBSTER AREA CERTAIN SPECIES OF FISH

2 Fishing Industry Organisation and Marketing Amendment (No. 1) No. 194, 1994 SCHEDULE 4B LIMIT ON TAKING OR HAVING IN POSSESSION ON BOARD A VESSEL IN THE TROPICAL ROCK LOBSTER AREA CERTAIN SPECIES OF FISH

s1 3 s5 Fishing Industry Organisation and Marketing No. 194, 1994 Amendment (No. 1) ˙ Short title 1. This regulation may be cited as the Fishing Industry Organisation and Marketing Amendment Regulation (No. 1) 1994 . ˙ Regulation amended 2. This regulation amends the Fishing Industry Organisation and Marketing Regulation 1991 . ˙ Amendment of s 3 (Interpretation) 3.(1) Section 3, heading— omit, insert— ‘ Definitions ’. (2) Section 3— insert— ‘ “tropical rock lobster area” has the meaning given by section 36AA;’. ˙ Amendment of s 36 (Prohibition against taking certain fish) 4. Section 36, heading— omit, insert— ‘ Prohibition against taking or having in possession certain fish ’. ˙ Amendment of s 36A (Non–application of prohibition against taking certain fish) 5.(1) Section 36A, heading— omit, insert— ‘ Nonapplication of prohibition against taking or having in possession certain fish ’. (2) Section 36A(1)(c) and (e)—

s6 4 s6 Fishing Industry Organisation and Marketing No. 194, 1994 Amendment (No. 1) omit . (3) Section 36A(1)(d)— renumber as section 36A(1)(c). (4) Section 36A— insert— ‘ (1A) Section 36 does not apply to a person who takes or has in possession fish mentioned in the section and is— (a) the holder of a docket, under section 44 of the Act, for the fish; or (b) in possession of the fish for keeping the fish in the form of cleaned and preserved molluscs in a genuine shell collection.’. ˙ Insertion of new ss 36AA–36AC6. After section 36A— insert— ˙ ‘ Meaning of “tropical rock lobster area” ‘ 36AA. In this regulation— “tropical rock lobster area” means the area bounded by a line— • beginning at the intersection of 10°48' south latitude and 141°20' east longitude • then continuing northerly along the meridian of the longitude to its intersection by the parallel of 10°28' south latitude • then easterly along the parallel to its intersection by the meridian of 144° east longitude • then southerly along the meridian to its intersection by the parallel of 10°41'17" south latitude • then westerly along the parallel to its intersection by the meridian of 142°31'49" east longitude • then southerly along the meridian to its northernmost intersection by the coastline of Cape York Peninsula at low water mark

s6 5 s6 Fishing Industry Organisation and Marketing No. 194, 1994 Amendment (No. 1) • then generally south-westerly along the western coastline of Cape York Peninsula at low water mark to its intersection by the parallel of 10°48' south latitude • then westerly along the parallel to the beginning. ˙ ‘ Prohibition against taking or having in possession certain fish in the tropical rock lobster area ‘ 36AB.(1) In this section— “responsible person” for a vessel means— (a) the owner of the vessel; or (b) if the owner is not on board the vessel when fish mentioned in Schedule 4B are taken or had in possession on board the vessel—the person in apparent control of the vessel; or (c) if the owner is not on board the vessel and there is no person in apparent control of the vessel when fish mentioned in Schedule 4B are taken or had in possession on board the vessel—the persons on board the vessel who have taken or are in possession of the fish; “vessel limit” for a vessel means the number of fish specified for a species of fish in Schedule 4B. ‘ (2) A person must not take or have in possession in the tropical rock lobster area more than the number of fish specified for the species of fish in Schedule 4A. ‘ (3) Despite subsection (2), a person on a vessel in the tropical rock lobster area must not knowingly or negligently take a number of fish that will cause the vessel limit to be exceeded. ‘ (4) A responsible person for a vessel in the tropical rock lobster area must not knowingly or negligently allow a person to take a number of fish that will cause the vessel limit to be exceeded.

s 7 6 s 10 Fishing Industry Organisation and Marketing No. 194, 1994 Amendment (No. 1) ˙ ‘ Nonapplication of prohibition against taking or having in possession certain fish in the tropical rock lobster area ‘ 36AC. Section 36AB does not apply to a person who takes or has in possession fish mentioned in the section and is— (a) the holder of a docket, under section 44 of the Act, for the fish; or (b) in possession of the fish for keeping the fish in the form of cleaned and preserved molluscs in a genuine shell collection.’. ˙ Amendment of s 36B (Exemption for Aborigines and Torres Strait Islanders) 7. Section 36B, ‘and 36’— omit, insert— ‘, 36 and 36AB’. ˙ Amendment of s 39 (Certain acts prohibited) 8. Section 39(4), ‘or ‘G’’— omit, insert— ‘, ‘G’ or ‘N1’’. ˙ Amendment of Sch 4 (Limit on taking of certain species of fish) 9. Schedule 4, heading— omit, insert— ‘ LIMIT ON TAKING OR HAVING IN POSSESSION CERTAIN SPECIES OF FISH ’. ˙ Insertion of new Schs 4A and 4B 10. After Schedule 4— insert—

s 10 7 s 10 Fishing Industry Organisation and Marketing No. 194, 1994 Amendment (No. 1) ‘ SCHEDULE 4A ‘ LIMIT ON TAKING OR HAVING IN POSSESSION IN THE TROPICAL ROCK LOBSTER AREA CERTAIN SPECIES OF FISH section 36AB(2) Lobster— Tropical Rock ( panulirus spp.) 3

s 10 8 s 10 Fishing Industry Organisation and Marketing No. 194, 1994 Amendment (No. 1) ‘ SCHEDULE 4B ‘ LIMIT ON TAKING OR HAVING IN POSSESSION ON BOARD A VESSEL IN THE TROPICAL ROCK LOBSTER AREA CERTAIN SPECIES OF FISH section 36AB(1), (3) and (4) Lobster— Tropical Rock ( panulirus spp.) 6’. ENDNOTES 1. Made by the Governor in Council on 9 June 1994. 2. Notified in the Gazette on 10 June 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1994