Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 2006
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 .18 September 2006
W. J. E. COX
Governor
By His Excellency’s Command,
D. E. LLEWELLYN
Minister for Primary Industries and Water
1Short titleThese regulations may be cited as the Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 2006 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Inland Fisheries (Recreational Fishing) Regulations 1999 are referred to as the Principal Regulations. 4Regulation 10 amended (Use of equipment) Regulation 10(5)(c) of the Principal Regulations is amended by omitting "20 metres" and substituting "8 metres". 5Regulation 10A insertedAfter regulation 10 of the Principal Regulations , the following regulation is inserted in Part 2: 10ASecuring whitebait nets (1) A person must not use a severed limb from a tree or bush, or any part of a severed limb from a tree or bush, to secure a whitebait net to the bank or bed of a river.Penalty: Fine of not less than 1 penalty unit and not more than 5 penalty units.
(2) A person must not use the dislodged trunk of a tree or bush, or any part of the dislodged trunk of a tree or bush, to secure a whitebait net to the bank or bed of a river.Penalty: Fine of not less than 1 penalty unit and not more than 5 penalty units.
(3) Subregulations (1) and (2) have effect regardless of – (a) when the severance or dislodgment occurred; or (b) whether the severance or dislodgment occurred as a result of human intervention or natural causes. (4) Nothing in this regulation is to be taken as prohibiting the use of implements containing or consisting of timber that has been legally harvested or imported into the State. (5) In this regulation – dislodged means no longer rooted to the ground; natural cause includes, but is not limited to, ageing, disease, wind action, flood action, lightning strike and animal activity. 6Schedule 4 amended (Infringement notice offences) Schedule 4 to the Principal Regulations is amended by inserting after using 2 lures, or 2 baits, together with one or more artificial flies – regulation 10(1)(d) | 1 |
holder of whitebait licence using more than one whitebait net at any one time – regulation 10(5)(a) | 1 |
holder of whitebait licence using whitebait net without attached tag bearing whitebait licence number – regulation 10(5)(b) | 1 |
using severed limb, or part of severed limb, from tree or bush to secure whitebait net to bank or bed of river – regulation 10A(1) | 1 |
using dislodged trunk, or part of dislodged trunk, of tree or bush to secure whitebait net to bank or bed of river – regulation 10A(2) | 1 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 27 September 2006
These regulations are administered in the Department of Primary Industries and Water.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations amend the
(a) providing that 8 metres, rather than 20 metres, is the maximum distance that the holder of a whitebait licence is permitted to be away from a whitebait net while it is in use; and (b) providing that a whitebait net is not to be secured to a riverbank or riverbed by means of severed or dislodged vegetation; and (c) prescribing further infringement notice offences; and (d) prescribing the penalties for those offences.