Pearl Fisheries Regulations (Cth)
REGULATIONS UNDER THE PEARL FISHERIES ACT 1952-1953.*
Dated this Twenty fifth
day of September , 1953.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture.
Pearl Fisheries Regulations.
“licensing authority” means a person or authority authorized by or under the Act to grant licences under section 10 of the Act in respect of proclaimed waters or an area of proclaimed waters;
“master”, in relation to a ship, includes any person in charge of the ship;
“the Act” means the Pearl Fisheries Act 1952-1953;
“the Navigation (Collision) Regulations” means the Navigation (Collision) Regulations in force from time to time under the
Navigation Act 1912-1952.
(2.) In these Regulations, a reference to a form by letter shall be read as a reference to the form so lettered in the First Schedule to these Regulations and as including a reference to the directions contained in the form.
(
* Notified in the
605.—Price 10/15.9.1953.
(
b )it specifies the name and address of the applicant and identifies the area of proclaimed waters in respect of which the applicant seeks the licence; and(
c ) it is accompanied by the prescribed fee.
(2.) A licence to search for and obtain pearl shell, trochus, bêche-de-mer or green snail shall be in accordance with Form A.
(
a ) it is made in accordance with Form B to a licensing authority; and(
b ) it is accompanied by the prescribed fee.
(2.) A licence authorizing the use of a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail shall be in accordance with Form C.
(
a ) it is made in accordance with Form D to a licensing authority; and(
b ) it is accompanied by the prescribed fee.
(2.) Where an application for the transfer of a licence authorizing the use of a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail is approved, the licensing authority shall endorse on the licence a memorandum of the transfer in accordance with Form E.
(
a ) the applicant applies in person to a licensing authority; and(
b ) in the case of an application for the grant of a licence to or in respect of a diver or trial diver, the applicant furnishes to the licensing authority a certificate signed, not earlier than thirty days before the date of the application, by a medical practitioner certifying that the diver or trial diver is not, in the opinion of the medical practitioner, suffering from a disease, complaint or infirmity likely to render the occupation of diving specially dangerous to him.
(2.) A licence granted to or in respect of a diver shall be in accordance with Form F.
(3.) A licence granted to or in respect of a trial diver shall be in accordance with Form G.
(4.) A licence granted to or in respect of a diver’s tender shall be in accordance with Form H.
(2.) If the licensing authority is satisfied that—
(
a ) the original licence has been lost or destroyed; and(b) no improper use has been or is being made of the original licence by, or with the consent of, the applicant,
he may, upon payment by the applicant of the prescribed fee, issue to him a duplicate licence.
(3.) A duplicate licence issued under this regulation has the same force and effect as the original licence.
(4.) A person shall not, in or in relation to an application under this regulation, make a statement or furnish information that is false or misleading in any particular.
Penalty: One hundred pounds.
(
a )upon application in writing, accompanied by the original licence; and(b) upon payment of the prescribed fee,
issue a duplicate licence to the holder of the original licence.
(2.) A duplicate licence issued under this regulation has the same force and effect as the original licence.
(
a ) not later than the seventh day of the month of February in each year, furnish to a licensing authority at the place where his licence was granted a return, in accordance with Form J, showing particulars of—(i) the weight and value of pearl shell, trochus, bêche-de-mer and green snail respectively, and the value of pearls, taken by him in proclaimed waters; and
(ii) the average number of persons employed by him on board pearling ships in respect of which he is the holder of licences under sub-section (2.) of section 10 of the Act and at pearling stations in Australia or a Territory,
during the year that ended on the thirty-first day of January then last preceding; and
(
b )not later than the seventh day of each month, furnish to a licensing authority at the place where his licence was granted—(i) a return, in accordance with Form K, showing particulars of the weight of pearl shell, trochus, bêche-de-mer and green snail respectively taken
in proclaimed waters during the preceding month by each pearling ship in respect of which he is the holder of a licence under sub-section (2.) of. section 10 of the Act; and
(ii) a return, in accordance with Form L, showing particulars of the weight of pearl shell, trochus, bêche-de-mer and green snail respectively that, having been landed by him at a place in Australia or a Territory, have, during the preceding month, been shipped by him or on his behalf from that place to another place whether in Australia or a Territory or not.
(2.) A person shall not furnish information under this regulation that is false or misleading in any particular.
Penalty: One hundred pounds.
(2.) If—
(
a ) a ship in respect of which a licence under sub-section (2.) of section 10 of the Act is in force—(i) is being or has been used for pearling in proclaimed waters since the grant of the licence; and
(ii) does not bear the distinguishing letter and number assigned to it under the last preceding sub-regulation conspicuously and legibly painted on each bow, above the water line, in dark letters and figures on a light ground, or in light letters and figures on a dark ground, each letter and figure being not less than twelve inches in depth;
(
b )a ship in respect of which such a licence has been granted has ceased to be so licenced, and the distinguishing letter and number assigned to it under the last preceding sub-regulation has not been completely obliterated or removed; or(
c )a ship that is being used for pearling in proclaimed waters has painted or displayed upon a bow a letter or number not being—(i) the letter and number assigned to it in pursuance of this regulation or under a law of a State; or
(ii) a letter or number assigned to it under a law of another country,
the master and the owner of the ship shall each be deemed to be guilty of an offence against this regulation punishable by a fine not exceeding One hundred pounds.
(
a ) is licensed under the law of a State to be used in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail; and(b) has painted or displayed on it an identification letter and number in accordance with that law.
(2.) The person in charge of a pearling ship carrying out diving operations in proclaimed waters and not under command shall keep at hand a red pennant which he shall, on the approach of another ship, whether or not that other ship is a pearling ship, cause to be displayed in a prominent position on his ship.
(3.) The person in charge of a pearling ship under way shall give a wide berth to a pearling ship displaying the red pennant referred to in the last preceding sub-regulation.
(4.) Nothing in the last two preceding sub-regulations gives a right to a pearling ship carrying out diving operations to obstruct a fairway used by ships other than pearling ships.
(5.) A person in charge of a pearling ship in proclaimed waters shall not—
(
a ) contravene or fail to comply with a rule of navigation prescribed by the Navigation (Collision) Regulations or by this regulation;(b) fail to exhibit, display or use a light or signal required by the Navigation (Collision) Regulations or by this regulation to be exhibited, displayed or used; or
(
c ) exhibit, display or use a light or signal other than those prescribed by the Navigation (Collision) Regulations or by this regulation.
Penalty: One hundred pounds.
(6.) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by his failure to observe a signal or rule of navigation required by this regulation to be observed.
(2.) The short methods of reference referred to in the last preceding sub-regulation may be used in a licence under section 10 of the Act, an application for, or for the transfer of, such a licence, or in a delegation under section 7 of the Act.
THE SCHEDULES.
FIRST SCHEDULE.
Licence No. Form A.
Regulation 4.
Commonwealth of Australia.
LICENCE TO SEARCH FOR AND OBTAIN PEARL SHELL, TROCHUS, BÊCHE-DE-MER OR GREEN SNAIL.
Place of issue Date of issue
Subject to the conditions specified hereunder,
of is licensed to search for and obtain pearl shell, trochus, bêche-de-mer and green snail* in the area (s) of proclaimed waters specified hereunder.
This licence is granted subject to the following conditions:—
1. The said shall comply with the provisions of the
Pearl Fisheries Act 1952-1953 and of any regulations and notices that are for the time being in force under that Act.
2.
Unless
sooner cancelled in pursuance of section 10 of the
Licensing authority.
* Strike out any of these items to which the licence does not relate.
Here insert any other conditions subject to which the licence is granted.
Form B.
Regulation 5.
Commonwealth of Australia.
APPLICATION FOR SHIP LICENCE.
To the licensing authority at
I,* of .
hereby apply for a licence (
No. | Name of ship. | Description of ship. | How painted. | Official number. | Port of registry. | Tonnage. | Horsepower of engine. | Number of diver connexions. | Value of ship and equipment. | Name of owner. | Area(s) of proclaimed waters in respect of which licence is required. |
1. | |||||||||||
2. | |||||||||||
3. | |||||||||||
4. |
Dated this day of , 19.
Signature of applicant.
* Name in full.
Address in full.
‡ Strike out any of these items to which the application does not relate.
Licence No. Form C.
Regulation 5.
Commonwealth of Australia.
SHIP LICENCE.
Place of issue Date of issue
Subject to the conditions specified hereunder, of is licensed to use, and to permit and suffer to be used, the ship specified hereunder, in searching for and obtaining pearl shell, trochus, bêche-de-mer and green snail* in the area(s) of proclaimed waters specified hereunder.
Description:
Distinguishing Letter and No.:
State ship licence No.:
Name:
How painted:
Tonnage:
Number of diver connexions:
This licence is granted subject to the following conditions:—
1. The said shall comply with the provisions of the
Pearl Fisheries Act 1952-1953 and of any regulations and notices that are for the time being in force under that Act.
2.
Unless sooner
cancelled in pursuance of section 10 of the
Licensing authority.
* Strike out any of these items to which the licence does not relate.
Here insert any other conditions subject to which the licence is granted.
Form D.
Regulation 6.
Commonwealth of Australia.
APPLICATION FOR TRANSFER OF SHIP LICENCE.
To the licensing authority at
I, * of , being the holder of licence No. authorizing the use of the ship ‡in searching for and obtaining pearl shell, trochus, bêche-de-mer and green snail§ in the area(s) of proclaimed waters specified hereunder, hereby apply that the said licence be transferred to of
Dated this day of , 19 .
Signature of proposed transferor.
Witness to signature.
Address of witness.
I. * of , hereby apply that the abovementioned licence be transferred to me.
Dated this day of , 19 .
Signature of proposed transferee
Witness to signature.
Address of witness.
* Name in full.
Address in full.
‡ Here insert the name of the ship.
§ Strike out any of these items to which the licence does not relate.
Form E.
Regulation 6.
MEMORANDUM OF TRANSFER OF SHIP LICENCE.
This licence has this day been transferred to of
Dated at this day of , 19 .
Licensing authority.
Licence No. Form F.
Regulation 7.
Commonwealth of Australia.
DIVER’S LICENCE.
Place of issue Date of issue
Subject to the conditions specified
hereunder, of nationality
is licensed to be employed as a diver using diving apparatus on a ship licensed
under sub-section (2.) of section 10 of the
This licence is granted subject to the following conditions:—
1. The said shall comply with the provisions of the
Pearl Fisheries Act 1952-1953 and of any regulations and notices that are for the time being in force under that Act.
2. *
Unless
sooner cancelled in pursuance of section 10 of the
Licensing authority.
* Here insert any other conditions subject to which the licence is granted.
Licence No. Form G.
Regulation 7.
Commonwealth of Australia.
TRIAL DIVER’S LICENCE.
Place of issue Date of issue
Subject to the conditions specified
hereunder,
of nationality
is licensed to be employed as a trial diver using diving apparatus on a ship
licensed under sub-section (2.) of section 10 of the
This licence is granted subject to the following conditions:—
1. The said shall comply with the provisions of the
Pearl Fisheries Act 1952-1953 and of any regulations and notices that are for the time being in force under that Act.
2. *
Unless
sooner cancelled in pursuance of section 10 of the
Licensing authority.
*Here insert any other conditions subject to which the licence is granted.
Licence No. Form H.
Regulation 7.
Commonwealth of Australia.
DIVER’S TENDER’S LICENCE.
Place of issue Date of issue
Subject
to the conditions specified hereunder,
of nationality is licensed to be
employed as a diver’s tender on a ship licensed under sub-section (2.) of
section 10 of the
This licence is granted subject to the following conditions:—
1. The said shall comply with the provisions of the
Pearl Fisheries Act 1952-1953 and of any regulations and notices that are for the time being in force under that Act.
2. *
Unless
sooner cancelled in pursuance of section 10 of the
Licensing authority.
* Here insert any other conditions subject to which the licence is granted.
Form J.
Regulation 10.
Commonwealth of Australia.
ANNUAL RETURN BY HOLDER OF LICENCE UNDER SECTION 10 (1.).
(1) Weight and Value of Pearl Shell, Trochus, Bêche-de-mer and Green Snail taken in Proclaimed Waters during the Year ended 31st January, 19 .
Shell, &c. | Weight. | Value. | ||
Tons. | cwt. | qrs. | lb. | £ |
Pearl shell................................................... | ||||
Pearls ( | ||||
Trochus...................................................... | ||||
Bêche-de-mer.............................................. | ||||
Green snail.................................................. | ||||
Form J—
(2) Average Number of Persons Employed on Board Pearling Ships and at Pearling Stations during the Year ended 31st January, 19 .
Supervisors. | Engineers. | Divers. | Tenders. | Engine-drivers. | Crews. | Shipwrights. | Bosuns. | Sailmakers. | Shell assorters and packers. | Assistants to tradesmen. | Totals. |
|
|
Torres Strait Islanders.... |
Half-castes.................... |
Malays.......................... |
Chinese........................ |
Filipinos....................... |
Indonesians................... |
Japanese....................... |
Others........................... |
|
I hereby certify that, to the best of my knowledge and belief, the above particulars are true and complete.
Dated this day of , 19 .
Signature.
Address.
Licence No.
Witness to signature.
Address of witness.
Form K.
Regulation 10.
Commonwealth of Australia.
MONTHLY RETURN BY HOLDER OF LICENCE UNDER SECTION 10 (1.) OF PEARL SHELL, TROCHUS, BÊCHE-DE-MER AND GREEN SNAIL TAKEN IN PROCLAIMED WATERS.
The following weight of pearl shell, trochus, bêche-de-mer and green snail respectively was taken by the ship* during the month of , 19 .
Area(s) of Proclaimed Waters from which taken. | Pearl Shell. | Trochus. | Bêche-de-mer. | Green Snail. | |||||||||||||||
Tons. | cwt. | qrs. | lb. | Tons. | cwt. | qrs. | lb. | Tons. | cwt. | qrs. | lb. | Tons. | cwt. | qrs. | lb. | ||||
Totals ...... | |||||||||||||||||||
I hereby certify that, to the best of my knowledge and belief, the above particulars are true and complete.
Dated this day of , 19 .
Signature.
Address.
Licence No.
Witness to signature.
Address of witness.
* Here insert distinguishing letter and number of the ship.
Each area specified in the licence in respect of the ship under section 10 (2.) of the Act must be shown separately in this column and the weight of pearl shell, trochus. bêche-de-mer and green snail respectively taken from each of those areas must be specified in the appropriate columns opposite the reference to that area.
Form L.
Regulation 10.
Commonwealth of Australia.
MONTHLY RETURN OF SHIPMENTS BY HOLDER OF LICENCE UNDER SECTION 10 (1.).
The following weight of pearl shell, trochus, bêche-de-mer and green snail respectively was shipped at by me or on my behalf during the month of , 19 .
Shell, &c. | Number of packages. | Destination. | Weight. | |
Pearl shell....................... | Tons. | cwt. | qrs. | lb. |
Trochus.......................... | ||||
Bêche-de-mer.. | ||||
Green snail..................... | ||||
I hereby certify that, to the beat of my knowledge and belief, the above particulars are true and complete.
Dated this day of , 19 .
Signature.
Address.
Licence No.
Witness to signature.
Address of witness.
SECOND SCHEDULE.
Regulation 11.
Fees.
First Column. | Second Column. | ||
Licence, &c. | Fee. | ||
£ | |||
Licence to search for and obtain pearl shell, trochus, bêche-de-mer or green snail.............. | 1 | 0 | 0 |
| 1 | 0 | 0 |
| 0 | 10 | 0 |
Licence to or in respect of a diver................................................................................... | 0 | 10 | 0 |
Licence to or in respect of a diver’s tender...................................................................... | 0 | 10 | 0 |
Duplicate of lost, destroyed or defaced licence................................................................ | 0 | 5 | 0 |
THIRD SCHEDULE.
Regulation 15.
Short Methods of Reference to Areas of Waters that are, or include, Proclaimed Waters.
First Column. | Second Column. |
Short description. | Full description. |
Western Australian Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 1 of the Western Australian Division |
|
Sub-area 2 of the Western Australian Division |
|
Sub-area 3 of the Western Australian Division |
|
Sub-area 4 of the Western Australian Division |
|
Sub-area 5 of the Western Australian Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
|
|
Sub-area 6 of the Western Australian Division |
|
Northern Territory Division |
|
Sub-area 1 of the Northern Territory Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 2 of the Northern Territory Division |
|
Sub-area 3 of the Northern Territory Division |
|
Sub-area 4 of the Northern Territory Division |
|
Sub-area 5 of the Northern Territory Division |
|
Sub-area 6 of the Northern Territory Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 7 of the Northern Territory Division |
|
Sub-area 8 of the Northern Territory Division |
|
Sub-area 9 of the Northern Territory Division |
|
Sub-area 10 of the Northern Territory Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Pull description. |
Sub-area 11 of the Northern Territory Division |
|
Sub-area 12 of the Northern Territory Division |
|
Sub-area 13 of the Northern Territory Division |
|
Sub-area 14 of the Northern Territory Division |
|
Sub-area 15 of the Northern Territory Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 16 of the Northern Territory Division |
|
Sub-area 17 of the Northern Territory Division |
|
Sub-area 18 of the Northern Territory Division |
|
Third Schedule
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 19 of the Northern Territory Division |
|
Sub-area 21 of the Northern Territory Division |
|
Sub-area 22 of the Northern Territory Division |
|
Sub-area 23 of the Northern Territory Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Queensland Division .. |
|
Sub-area 1 of the Queensland Division |
|
Sub-area 2 of the Queensland Division |
|
Sub-area 3 of the Queensland Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 3 of the Queensland Division—continued. |
|
Sub-area 4 of the Queensland Division |
|
Sub-area 5 of the Queensland Division |
|
Sub-area 6 of the Queensland Division |
|
Sub-area 7 of the Queensland Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sub-area 8 of the Queensland Division |
|
Sub-area 9 of the Queensland Division |
|
Sub-area 10 of the Queensland Division |
|
Sub-area 11 of the Queensland Division |
|
Sub-area 12 of the Queensland Division |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
|
|
Papuan Division.. |
|
New Guinea Division .. |
|
Third Schedule—
First Column. | Second Column. |
Short description. | Full description. |
Sew Guinea Division— |
|
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
0
0
0