Inland Fisheries (Commercial Nets and Fees) Regulations 1999 (TAS)

Inland Fisheries (Commercial Nets and Fees) Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Inland Fisheries Act 1995 .13 December 1999

G. S. M. GREEN

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1Short titleThese regulations may be cited as the Inland Fisheries (Commercial Nets and Fees) Regulations 1999 . 2CommencementThese regulations take effect on 1 January 2000. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Inland Fisheries Act 1995 ; bank, in relation to inland waters, includes – (a) land within 100 metres of the bank of a river; and (b) land within 100 metres of the edge or high-water mark of the inland waters; commissional water rights means rights to take water under section 94 of the Water Act 1957 ; fee unit has the same meaning as in the Fee Units Act 1997 ; fyke net means a net – (a) that does not exceed 670 millimetres in opening height; and (b) that does not exceed 670 millimetres in width; and (c) that has mesh that is not less than 15 millimetres and not more than 39 millimetres; and (d) any wing or leader of which does not exceed 10 metres in length and does not exceed 1200 millimetres in drop; mesh has the meaning given by regulation 4 ; possession includes control for the use or benefit of any person, whether or not that person has actual possession or custody. 4Meaning and measurement of mesh (1)  Mesh is one of the spaces bounded by the threads of a net. (2)  Mesh is measured by being stretched diagonally, the average length of 10 adjoining meshes being taken when the diagonally opposite knots touch each other while the mesh is tautly held. 5Use of nets limited (1)  A person who is on the bank of any inland waters or in or on a boat on any inland waters must not – (a) use a net of any description to take fish for commercial purposes; or (b) have possession of a net for the purpose of taking fish for commercial purposes.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

(2)  Subregulation (1) does not apply to – (a) a net used only in a tidal river (other than the Ansons River, Scamander River or Swan River) by a person – (i) on a fishing boat to which a fishing licence (vessel) under the Fisheries Rules 1996 relates; or (ii) on any other boat or ship in transit to or from any waters beyond the seaward limits of a river; or (iii) in accordance with a permit issued under the Act; or (b) the holder of a commercial licence using a fyke net or any other net in accordance with the licence. (3)  An infringement notice may be issued in respect of an offence under subregulation (1) and the penalty to be imposed by the infringement notice is 2 penalty units. 6Offence to have fish taken by anotherThe holder of a commercial licence must not – (a) at any inland waters, receive or hide any fish caught by a person who is not the holder of a licence; or (b) falsely represent that any fish have been caught by the holder of a licence.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

7FeesThe fees specified in Schedule 1 are prescribed in respect of licences, permits, registrations and registers issued or kept under the Act. 8ExpiryThese regulations cease to have effect on 31 March 2000. Schedule 1Fees

Regulation 7

PART 1Licences and permits

Item	Fee Units
1.	Commercial fishing licence
Application for grant, variation, renewal, transfer or replacement –
(a) eels	100
(b) other species	150
Issue –
(a) eels	750
(b) one other species	250
(c) each additional species	100
Variation	100
Renewal (eels) –	750
and each kilogram of fish caught during previous year	0.25
Renewal (other species) –
(a) one species	250
(b) each additional species	100
Approval of transfer	100
Replacement licence	20
2.	Assistant fisher’s licence
Application for grant, variation, renewal, transfer or replacement	50
Issue	50
Renewal	75
Replacement licence	10
3.	Fish farm licence – hobby scale (totally recirculating water)
Application	50
Issue	50
Variation	20
Renewal	50
Replacement licence	10
4.	Fish farm licence – commercial scale 1 (totally recirculating water)
Application	150
Issue for each year	150
Variation	100
Renewal for each year	150
Approval of transfer	100
Replacement licence	20
5.	Fish farm licence – commercial scale 2 (flowthrough water)
Application	250
Issue –
(a) each year	250
(b) each megalitre of commissional water rights	20
Renewal –
(a) each year	250
(b) each megalitre of commissional water rights	20
Variation	100
Approval of transfer	100
Replacement licence	20
6.	Fishing permit
Application	25

PART 2Registration

Item	Fee Units
1.	Fish dealer
Application	50
Issue of certificate of registration	20
Application for renewal	25
Issue of certificate of renewal	20
Application for transfer	25
Transfer	25
2.	Premises
Application	50
Issue of certificate of registration	20
Renewal	20
3.	Private fishery
Application	150
Issue of certificate of registration	500
Renewal	500

PART 3Registers

Item	Fee Units
1.	Inspection of register –
(a) first 15 minutes	10
(b) each subsequent hour or part of an hour	25
2.	Copy of, or extract from, register –
(a) first 5 pages	5
(b) each subsequent page	1

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 1999

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) regulate the taking and possession of fish, and the use of equipment, by holders of commercial licences; and (b) prescribe fees for the purposes of the Inland Fisheries Act 1995 ; and (c) prescribe offences by holders of commercial licences for the purposes of infringement notices.