The Fisheries Act Amendment Act 1909 (SA)

EDWARDI V11 REGIS.

A.D. 1909.

No. 977.

An Act to further amend " The Fisheries Act, 1904," and

for other purposes.

[Assented to, November r 7th, 1909.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

l, This Act may be cited alone as "The Fisheries Act Amendment Short title.

Act, 1909," and this Act and " The Fisheries Act, 1904 " (herein-

after called " the principal Act ") may be cited together as " The Fisheries Acts, 1904 and 1909."

2, This Act is incorporated with the principal Act, and the Inocnponrtion.

A-977

principal Act and this Act shall be read together as one Act.

3, This Act shall come into operation on a day to be fixed by Commencement of

Proclamation. Aot.

Repeals and Amendments.

4, (1) " The Fisheries Act Amendment Act, 1905," is hereby Repeal.

repealed.

(2) The definition of " Fisherman " in section 3 of the principal

Act is hereby repealed.

5. Section 7 of the principal Act is hereby repealed, and in lieu Duties of inspe~tom.

thereof it is enacted as follows :-

7. Every inspector, in addition to and without prejudice to

any other power vested in him, shall-

(a) If authorised so to do by the Minister, receive and destroy

the

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The fisheries Act Amendment Act.--1909.

the heads of cormorants, pelicans, turtles, and tor- toises, and issue certificates of destruction of the same

in the form in the Fourth Schedule:

( b ) Apprehend any person offending against any of the pro-

visions of this Act who refuses to give his name or

address:

(c) If authorised so to do by the Minister, enter any place where fish are or are suspected by him to be sold, kept, or exposed for sale, or packed or prepared for sending to any market or shop or to any agent,

, fish salesman, or auctioneer, or to any person or place for sale or exchange, and therein search for and examine any device or fish.

Any inspector may be authorised as aforesaid in respect of any one or more occasions, or any one or more places, or generally, without limitation as to occasion or place.

Pouwa of i n w t o m. 6, The following paragraphs are hereby added to section 8 of the

principal Act :-

(g) Seize any device which, in his opinion, is used or intended

to be used contrary to the provisions of this Act:

( h ) Seize any fish which he has reasonable grounds for sus-

pecting has been illegally taken.

*h netting-~und* 7. Notwithstanding anything contained in this Act or the prin- cipal Act, or any Proclamation or Regulation made under the principal Act, the device known as a wire netting-pound shall not be illegal unless in a form disallowed by an inspector by notice in the Government Gazette or served upon the person using such de~ice.

Beeiating inspector. 8. Paragraph (J ) of section 24 of the principal Act shall, after

the passing of this Act, be read as follows :-

(f) Resists or obstructs or interferes with any inspector in the

discharge or exercise of any of his duties or powers.

Offencee. 9, The following paragraphs are hereby added to section 24 of

the principal Act :-

Unlicensed Behermen. ( S ) Following the trade or calling of a fisherman, whether as his

only trade or calling or not, and not having a fisherman's

licence, has any fish in his boat or in his possession:

( t ) Not being the holder of a fisherman's licence, uses at any

one time, within or upon the waters of the River Murray, of Lake Alexandrina, of Lake Albert, or of

the Coorong, more than one drum net or mesh net, or

more than one cross or side line, or more than twelve

springers:

(U) Detaches

go EDWARDI VII, No. 977.

The fisheries Act Amendment Act.--1909.

the heads of cormorants, pelicans, turtles, and tor- toises, and issue certificates of destruction of the same

in the form in the Fourth Schedule:

( b ) Apprehend any person offending against any of the pro-

visions of this Act who refuses to give his name or

address:

(c) If authorised so to do by the Minister, enter any place where fish are or are suspected by him to be sold, kept, or exposed for sale, or packed or prepared for sending to any market or shop or to any agent,

, fish salesman, or auctioneer, or to any person or place for sale or exchange, and therein search for and examine any device or fish.

Any inspector may be authorised as aforesaid in respect of any one or more occasions, or any one or more places, or generally, without limitation as to occasion or place.

Pouwa of i n w t o m. 6, The following paragraphs are hereby added to section 8 of the

principal Act :-

(g) Seize any device which, in his opinion, is used or intended

to be used contrary to the provisions of this Act:

( h ) Seize any fish which he has reasonable grounds for sus-

pecting has been illegally taken.

*h netting-~und* 7. Notwithstanding anything contained in this Act or the prin- cipal Act, or any Proclamation or Regulation made under the principal Act, the device known as a wire netting-pound shall not be illegal unless in a form disallowed by an inspector by notice in the Government Gazette or served upon the person using such de~ice.

Beeiating inspector. 8. Paragraph (J ) of section 24 of the principal Act shall, after

the passing of this Act, be read as follows :-

(f) Resists or obstructs or interferes with any inspector in the

discharge or exercise of any of his duties or powers.

Offencee. 9, The following paragraphs are hereby added to section 24 of

the principal Act :-

Unlicensed Behermen. ( S ) Following the trade or calling of a fisherman, whether as his

only trade or calling or not, and not having a fisherman's

licence, has any fish in his boat or in his possession:

( t ) Not being the holder of a fisherman's licence, uses at any

one time, within or upon the waters of the River Murray, of Lake Alexandrina, of Lake Albert, or of

the Coorong, more than one drum net or mesh net, or

more than one cross or side line, or more than twelve

springers:

(U) Detaches

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The Fisheries Act Amendment Act. - 190%

(U) Detaches or otherwise removes the eggs or spawn, or the hair or fibre to which the eggs or spawn naturally attach, from any fish known as "crayfish," or know- ingly has in his possession or control any crayfish from which the eggs or spawn or such hair or fibre hss been detached or otherwise removed:

( V ) Whether having tb fisherman's licence or not, takes any fish O n l i d boat.

for sale or barter in an unregistered ship or boat, or uses an unregistered ship or boat in the taking of fish for sale or barter or otherwise for the purpose of the trade or calling of a fisherman.

10, Section 27 of the principal Act is hereby repealed, and in lieu Laying and,hearing of lnfol?latlom.

thereof it is enacted a4s follows :-

27. (1 ) All proceedings in respect of offences against this Act shall be by information, which may be laid by or at the instance of any person.

(2) Such information shall be heard and determined in a

summary way before any Special Magistrate or any two Justices under Ordinance No. 6 of 1860, or any Act for the time being in force relating to the duties of Justices as to summary pro- ceedings. Such Magistrate or Justices may make any order as to costs which he or they think fit. All convictions and orders made by such Magistrate or Justices may be enforced as pro- vided in the said Ordinance or in any other Act.

11. The Second Schedule to the principal Act is hereby amended Minimum weight

so that the weight thereby prescribed for a Whiting, Sand " and for whiting.

G Whiting " respectbely shall be four ounces instead of three and a

half ounces.

Licences.

12, Licences to take fish for sale or barter, in this amending Act Fi~hermen's licences.

referred to as fishermen's licences, shall be issued in the prescribed A,, 901, 1904,	3,
form, and shdl be either quarterly, half-yearly, or yearly licences. *red. such licence shall expire on the last day of March, June, September, or December next after the same is issued.

13, No licence shall be issued except to a natural-born or naturalised Who may be

British subj ect. liceneed.

14. (1) The following fees shall be paid for licences :-For every Licence fees.

quarterly licence, Two Shillings and Sixpence; for every half-yearly A C ~	901,1904,s. 4.
licence, Five Shillings; for every yearly licence, Ten Shillings.

(3) The Minister, on being satisfied that any person bond @e Servant's l i ~ ~.

employs any other person as his servant, may direct the issue to such employer in respect of the person so employed of a licence, to be called a servant's licence," upon payment of half the above- mentioned fees. A servant's licence shall be valid only in respect

of the' servant named therein. (3) All

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me Ehheries Act Amendment Act.-1909.

Applicstion of fees. (3) All fees shall be paid to the person appointed by the Minister

to receive the same, and shall be forthwith paid by him to the

Treasurer of the said State, and the amount in hand on the thirtieth day of June in each year shall be applied by the said Treasurer to

the public purposes of the said State.

Limce M c i e m t for

liaenaee and one 15. (1) One fisherman's licence shall be sufficient for the person

member of family.

named therein as licensee, and also for one member of his family

Act 901, 1904, S. 6.

under the age of twenty-one years whilst such member is working

with the same plant as such licensee.

(2) For the purposes of this section the following persons and no

others shall be deemed to be members of the licensee's family,

namely, his sons, daughters, stepsons, and stepdaughters.

Beg;stration and 16.

( 1 ) No person shall take any fish for sale or barter in any ship or boat, or use any ship or boat in the taking of fish for sale or barter, or otherwise for any purpose of the trade or calling of a fisherman, unless such ship or boat is-

marking of. boats.

I. Registered as herein provided; and

Jr. Marked as prescribed by regulations.

(2) Any person desiring to obtain the registration of a ship or boat for the purposes of this section, and to have a mark allotted to him for such yurpowes, shall make application therefor to the Chief Inspector in the prescribed form, whereupon the Chief In- epector shall issue to the applicant a certificate of registration in the prescribed form, and shall allot a mark to him.

(3) Registration of a ship or boat may be effected at any time, but shall expire on the same dates as fishermen's licences.

Miscellaneous.

Onns of proof. 17. In any proceedings for any offence against this Act or the principal Act, or any proclamation or regulation under the principal Act or this Act-

(a) The possession or occupancy by any person of a ship or boat containing any fish, or any fishing net, device, or other thing ordinarily used in taking fish, shall beprimcl jacie evidence that such person uses such ship or boat in taking fish:

(Q) The possession by any person of any illegal device shall, until the contrary is proved to the satisfaction of the Magistrate or Justices, be sufficient evidence that such person uses such device in taking fish:

( c ) The failure by any person to produce his licence when re- quired by an inspector so to do shall be primd facie evidence that such person is unlicensed:

( d ) The

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2 he fisheries Act Amendment Act.-1909.

( d ) The onus of proving that an accused person, who is alleged to follow or to have followed the trade or calling of a fisherman, did not at the timeof the alleged offence follow that trade or caUing shall be on such accused person:

(e) L4ny fish proved to have been taken shall, until the contrary

is proved to the satisfaction of the Magistrate or Justices,

be deemed to have been taken for sale or barter.

18. The repeal by this 9 c t of any Act or part thereof shall ~ a ~ t	of repralr
o t -

I. Invalidate or affect the operation of any licence granted, or of any transfer of any licence made before the passing of this Act:

1 1. Affect any offence committed before the passing of this Act,

or any liability, forfeiture, or penalty incurred or liable to be incurred by reason of anything done or omitted to be done before the passing of this Act, or alter the effect of the doing or omission of anything before the passing of this Act; and any legal or other proceedings commenced before the passing of this Act, or thereafter to be commenced with respect to any of such matters or things, may be con- tinued as if such repealed Act or part were still in force.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

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Adelaide : By authority, R. E. E. Roams, Acting Government Printer, North Terrace.

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