Scheme of Management (Marine Scalefish Fisheries) Variation Regulations 2003 (SA)

South Australia

Scheme of Management (Marine Scalefish Fisheries) Variation Regulations 2003

under the Fisheries Act 1982

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Scheme of Management (Marine Scalefish Fisheries) Regulations 1991 (Gazette 27.6.1991 p 2187) as varied

1. Variation of regulation 14C—Individual pilchard catch quota system

Part 1—Preliminary

1—Short title

These regulations may be cited as the Scheme of Management (Marine Scalefish Fisheries) Variation Regulations 2003.

2—Commencement

These regulations will come into operation on 10 April 2003.

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 Scheme of Management (Marine Scalefish Fisheries) Regulations 1991 (Gazette 27.6.1991 p 2187) as varied

4—Variation of regulation 14C—Individual pilchard catch quota system

1. Regulation 14C(2), definition of licence period—delete the definition

2. Regulation 14C(2), definition of pilchard quota—delete "licence period" wherever occurring and substitute in each case:

   prescribed period

3. Regulation 14C(2)—after the definition of pilchard quota insert:

   prescribed period means—

   (a)the period commencing on 10 April 2003 and ending on 31 December 2003; or

   (b)the period of 12 months commencing on 1 January 2004 or on 1 January in any subsequent year;

4. Regulation 14C(2), definition of unit value—delete "licence period" and substitute:

   prescribed period

5. Regulation 14C(3)(b)—delete paragraph (b) and substitute:

   (b)the Director must, on the commencement of each prescribed period, determine the number of kilograms of pilchard that is to be the value of a pilchard unit for the prescribed period;

   (ba)the Director may, not more than twice during a prescribed period, vary the conditions of all licences in respect of the fishery so as to increase the pilchard quotas of the licences by the same number of pilchard units;

6. Regulation 14C(3)(d)—delete "licence period" wherever occurring and substitute in each case:

   prescribed period

7. Regulation 14C(3)(e)—delete paragraph (e) and substitute:

   (e)any variation of—

   (i)a pilchard quota made pursuant to paragraph (ba) or (d); or

   (ii)a unit entitlement made pursuant to paragraph (c),

   must be expressed to apply only for the remainder of the prescribed period during which the variation is made;

8. Regulation 14C(4)—delete "three licence periods" and substitute:

   three prescribed periods

9. Regulation 14C(4)—delete "licence period" and substitute:

   prescribed period

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 10 April 2003

No 35 of 2003

MAFF03/0021CS