The Oyster Fishery Act 1885 (SA)

ANNO QUADRAG.ESIM0 OCTAVO ET QUADRAGESIMO

NON0

A.D. 1885.

No. 366.

An Act to promote the Breeding of Oysters and to

regulate the Oyster Fishery.

[Assented to, December rrth, 1885.1

HEREAS it is desirable to promote the breeding of oysters Preamble.

bv the Governor of the Province of South Australia, by and with	W and to regulate the oyster fishery-Be it therefore Enauted
tfie advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled,
as follows:

1, This Act may be called "The Oyster Fishery Act, 1885." short title.

A-366.

'.

2, This Act shall not apply to the Northern Territory. Not to apply to Northern Terri to~Q

3. The " Oyster Fishery Act, 1873," is hereby repealed; but this Repeal of 13, 1873.

repeal shall not affect-

(1.) Anything duly done or suffered under the said Act before

the commencement of this A d ; or

(2.) Any right or privilege acquired, or any liability incurred,

under the said Act before the commencement of this Act;

or

(3.) Any punishment or forfeiture incurred under the said Act

before the commencement of this Act; or

(4.) The institution or prosecution to its termination of any pro-

ceeding for inflicting such punishment, recovering such

forfeiture,

48" & 49' VICTORIE, No. 366.

The Oyster Fishery Act.-1885.

forfeiture, or enforcing such liability; and any such pro- ceeding may be instituted and carried on as if the said Act had not been repealed.

Interpretation. 4. In this Act the following words shall have the meanings

respectively assigned to them by this section so far as is consistent

with the context :-

" To fish " and " fishing " shall include any mode of taking oysters:

Form " and forming " shall include " plant " and " pianting ":

Oyster " and "oysters " shall include shore oysters, rock oysters,

and mud oysters:

"Inspector" means the inspector of oyster fisheries to be appointed

under this Act:

Oyster brood" shall include spat, and any small oysters

measuring less than two inches in their narrowest diamctcr:

" Prescribed " shall mean prescribed by this Act or by regulations

to be made thereunder:

"This Act" shall include any regulations made thereunder:

" Vessel " includes any ship, vessel, or boat of any sort, tonnage,

or construction, except any ship, vessel, or boat propelled

by steam.

Divisionn of ~ c t.	5, This Act is divided into six parts, as follows--
PART I.--Administration:
PART 11.-General Licences for Oyster Fishing:
PART 111.-Natural Oyster Beds and exclusive Licences therefor:
PART iv.-Artificial Oyster Beds and exclusive Licences therefor:
PART V.--Oyster Beds generally:

PART	vr.-Miscellaneous	Provisions.
PART I.

ADMINISTRATION.

Addistmtion 6. The general administration of this Act shall be under the

Treasurer. control and direction of the Treasurer.

Tressurer may 7, The Treasurer may from time to time make and publish

mderesgubtions- regulations for regulating the powers and duties of all officers appointed under this Act, for providing for the more effectual pro- tection and improvement of oysters, and the management of any waters in which oyster fishing may be carried on, and for the

amount

48" & qgO VICTORIfi, No. 366.

The Oyster Fishery Act.---188 5.

amount to be charged for licences for different classes of boats and P ~ a r I.

persons engaged in oyster fishing, not exceeding the amounts respectively provided by this Act, and generally for carrying out the objects of this Act.

8. 'Such regulations shall be published in the Government Gazette, Bc&tions to be

the production whereof shall be conclusive evidence of them, and, publishedinCaeette and laid before Par-

within fourteen days after the making of such regulations, they sha'll liament.

be laid before both Houses of Parliament, if Parliament be then

sitting, and, if Parliament be not then sitting, then within fourteen

days after the beginning of the next session of Parliament, and shall

have the force of law from the date of such publication, and shall

continue to have such force if or so far as not disallowed by express

resolution of either House of Pa~lia~ment, within one month after

being so laid before both Houses of Parliament.

such salary as may be voted by Parliament, who shall act under the inspector. 9, The Governor may appoint an inspector of oyster fisheries at Governor mayappoint

direction of the Treasurer in the discharge of his duties under

this Act.

PART 11. PART IT.

GENERAL LICENCES FOR OYSTER FISHING.

10, The Treasurer may at any time of the year issue ani~ual Licences forboiitsand

licencesl to endure from the thirtieth day of June in each year to fisher'men.

the first day of July in the year following, for the following pur-

poses and on receipt of the following fees, or such lesser fees as may

bc prcscribed by the Treasurer.

For every vessel engaged in oyster fishing carrying two men,

Three Pounds; carrying three or more men, Five Pounds:

For every person engaged in oyster fishing, Forty Shillings.

11, Every licence shall be numbered consecutively, and the licence- LiCenc, ..,b,,t, a,

number shall be painted in the prescribed manner on the vessel, and painted On boats1 &c.

marked on such one or more of its sails as may be prescribed.

12, Every person who shall fish for oyster8 .in a vessel which is Penalty onfishing for

not licensed, or shall take part in the management of such vessel	unliceased
when so engaged, shall, on conviction for every such offence, pay a penalty not exceeding Five Pounds, and the fact tlmt the licence- iiurnber is not painted or marked in the prescribed manner shall be
primti.fircie evidence that the vessel is not licensed.

13. Every person fishing for oysters for the purposes of trade PenJty for fishing

without being licensed for that purpose, shall, on conviction, for f;;'z:Twith~~t

every such offence, pay a penalty not exceeding Two Pounds; and

the fact of such person being on board any vessel engaged in fishing

for oysters shall be conclusive evidence that such person was so

engaged. PART

48" & 49" VICTORIiE, No. 366.

The Oyster Fishery Act.-18 8 5. . - -

PART IIX. PART 111.

NATURAL OYSTER-BEDS AND EXCLUSIVE LICENCES

THEREFOR.

14. Whenever any person shall, after the passing of this Act, have discovered on or near the coast of South Australia a natural oyster-bed, he may apply to the Treasurer for the issue to him of an exclusive licence for the use of such oyster-bed, or any part thereof, as hereinafter provided.

~k~~~~~~~ d oyster-

bedmay apply for

exolueive licence.

Notice of application Ifis The applicant for such exclusive licence shall publish in the

to be advertised.	Government Gazette a notice of such application, describing therein the oyster-bed with reasonable certaiiy, and such notice-shall be repeated once in each week for four consecutive weeks.
Xotice of intention to	16. Any person wishing t o oppose the issuc of an exclusive licence to any applicant shall give notice in writing of such objec- tion to the ~reasurer within one calendar month of the first publication of such notice.
oppose to be givon.

Inquiry to be held in 17. Upon receiving notice of the intention to oppose the grant of

case of opposition. an exclusive licence, the Treasurer, or some person appointed by him in writing, shall hold an inquiry concerning the justice of issuing an exclusive licence, and for that purpose the Treasurer, or the person so appointed, may administer oaths.

Inquiry to be held 18, If no notice of an intention to oppose the issue of an exclu-

where no notice of	sive licence is received within the time above provided in that behalf,
opposition.	the Treasurer, or some person appointed by him as aforesaid, shall inquire concerning the clue publication of the notice, and the justice of issuing an exclusive licence.

Trr88urer may issue 10. Upon being satisfied that an exclusive licence ought to be

licence.

granted, the Treasurer may issue to the applicant an exclusive licence to use the oyster-bed for such period, not exceeding five

years from the date of the licence, as, having regard to the circum- stances shall appear fit and proper, and such licence may be in the

form given in the Schedule hereto, or such other form as may be

necessary.

Licencee to have ex-

clusive right to fish 20, The licencee, his executors, administrators, and assigns shall,

for oy~ters. during the whole of the term in the said licence mentioned, have the sole and exclusive right by himself or themselves, or his or their servants, agents, or licencees, to fish for oysters in the oyster-bed for which the licence is granted.

Licence may be f o p 21.

If, at any time during the currency of such licence, it shall be proved to the satisfaction of the Treasurer that the holder of such licence, or any person by his direction or permission, is managing

feited for unhusband-

like -ogement.

or using the oyster-bed in such a manner that the same is likely to be exhausted or greatly reduced in value, the Treasurer, by

notice

I

48" & 49' VICTORIE, No. 366.

The Oyster Fishery Act.-1 885.

notice in the Guvmment Gazette, may revoke such licence, which

PART 111.

shall thereupon cease and determine, and the licencee shall not be

entitled to any compensation for such revocation.

PART	IV.	PART IT.
+.

ARTIFICIAL OYSTER-BEDS AND EXCLUSITTE

LICENCES 'THEREFOR.

22, Where, at the passing of this Act, no natural oyster-beds exist, Licence to form and

the occupier of any lands bordering on the sea or any estuary thereof, oy8ter~beds.	occupy artificial
or any person with the consent of such occupier, may apply to the Treasurer for a licence to form an artificial oyster-bed on or near the shore adjacent to such lands, and the 'Treasurer may grant such licence to the applicant upon such terms as shall appear fit and proper, and such licence may be in the form given in the Schedule hereto, or in such other form as may be necessary.
Any person may, by a like application, obtain from the Trea- snrer, upon such conditions as shall appear fit and proper, a licence to form an artificial oyster-bed on or near the shore adjacent to any Crown lands bordering on or near to the sea or any estuary.
The licence shall be conditioned to be void if, within a time to be therein named and n ~ t exceeding one year, the licencee shall not have formed and planted the oyster-bed for which the licence is granted.
The licencee shall forthwith publish in the Gazette a notice of the situation and limits of the oyster-bed, and of the length of time for which the licence is granted to him.

23, The person who, in pursuance of such hence, forms or Righteof the occupier.

plants any such artificial oyster-bed, his executors, administrators,

and assigns, shall hold the same for such period, not exceeding

twenty-one years, as shall be expressed in the licence.

But the forming of such artificial oyster-bed shall not give any exclusive right to the occupation of any shore or sea-ground, except for the purpose aforesaid, or prevent the full and free exercise of any right whatever in or along any shore or sea-ground, subject to the provisions of this Act.

PART V. P ~ a r v,

OYSTERBEDS GENERALLY.

24, The provisions in this part of this Act shall apply to every General provisionr

licence for any natural oyster-bed, or for forming any artificial oyster- for oylter-bedr	affecting licences
bed :-

(l.) Every

6 48" & 49' VICTORI-E, No. 366.

The Oyster Fishery Act.--1885.

PABT v.

(1 .) Every licence shall set forth as near as may be the limits of

the area to which such licence extends, and shall continue

in force for such time, and be subject to such conditions

and restrictions, and the payment of such fees and in such

manner, as shall be prescribed thercin:

2.) I t shall be subject to a condition that any part of the area affected thereby may at any time, after not less than three months' notice, be resumed, if needed for the purpose of the construction of any public works, without the licencee being entitled to any compensation in respect of such resumption:

('3.) I t shall not include within the area described any part of a

public rescrve, or any land reserved for public purposes.

Licencenot to warrant

trespaes upon lands.	25. No licence shall confer a right of entry upon the lands of any person or body politic without the consent of such person or body,
Persons entitled to
shore may farm	26, Nothing in this 9 c t contained shall make it necessary for entitled to thc soil in any part of the shore of the sea, or of any estuary or navigable river, to obtain any permission under this Act to form oyster-beds on such shore.
oyster-bedadth-	any person who, under a grant from the Crown, is seized of or
out licence,
beds to be indicated
Boundaries of oyster-	27. The occupier of every artificial o y ster-bed, and the occupier thc exilusive licence, shall set up on- some convinicnt part of the adjacent shore, not being private property: distinguishing posts or marks, to be ayproved by the inspector, for indicating the limits of such oyster-bed.

bv	on shore or	of every natural oyster-bed, whereof any person or persons shall have
Where any such oyster-bed cannot be conveniently marked by posts or otherwise on thc shore, the same may be indicated by buoys or other floating marks approved as afore~aid. PAR'L' VI.

MlSCELLANEOUS YROVTSTONS.

Treasurer may

close natural oyeter-

28. The Treasurer may from time to time, by one calendar month's notice published in the Govet nment Gazette, fix a term, not exceeding four years, during which any natural oyster-bed, not being on private property nor the subject of an exclusive licence, shall be closed, and upon the expiration of such noticc thc same shall be closed accordingly during the term fixed by such notice. Every person fishing for oysters on any such closed oyster-bed shall, on conviction, pay a penalty not exceeding Twenty Pounds, or suffer imprisonment, with or without hard labor, for not more than three calendar months.

beds,

29. The

48" & 49O VICTORIW No. 366.

The Oyster Fishery Act.-1885.

29. The inspector may a t any time board any vessel licensed

under this Act, or enga&d in oyster fishing, and see whether the	l nspector may board
provisions of this Act are complied with; and any person resisting	vessels.
or impeding the inspector in the discharge of his duties under this section shall, on conviction fur every such offcnce, pay a penalty not exceeding Ten Pounds.

30. No person shall be competent to be or continue an inspector	oyster fishing, &C.,
Person interested in

under this Act who has, or after his appointment shall have, any	not to act as inspector.
interest. direct or indirect, in any oyster fishery, or in any vessel
used in oyster fishing, or in the sale of oysters, or who shall act as
agent for'any person so interested, and if any person disqualified as
a.foresaid shall act as inspector, he shall, for every such offence, pay	Penalty.
a penalty of Fifty Pounds.

31, Every person who shall knowingly deposit on any natural	Penalty for depoeiting
injurious matter on

or artificial oyster-bed any ballast, sand, mud, refuse, or injurious	beds.
matter of any nature whatsoever, except dredge refinse, shall for- feit and pay a penalty not exceeding Twenty Pounds, in addition to such reasonable compensation for the damage done, not exceed- ing One Hundred Pounds, as the Special Magistrate or Justices adjndica,ting may determine.
32. Evcry person who shall interfere with, remove, or destroy oysters or oyster-brood from any oyster-bed held under licence under	Penalty for inter-
fering with beda.
this Act without the consent of thc licencees thereof, or from any
oyster-bed upon private property without the consent of the pro-
prietors thereof, shall, on conviction for every such offence, forfeit
and pay a penalty of not less than One Pound nor more than Fifty
Pounds, in addition to such reasonable compensation for the damage	Compensation.

done, not exceeding One Hundred ~ounds,-as	the Special ~ a ~ i s t r s e
or Justices adjudicating may determine.

33. If any person holding any licence undcr this Act be con- On a~cond conviction licence to be forfeited

victed of a second or subsequent offence under the provisions of the and licencee dis-

Act, he shall, in addition to the penalty for such second or subsequent qualaed for three

years.

offence, forfeit such licence, and be for three years disqualified from

obtaining any other licence under this Act,

34. One-half of every sum which shall bc imposed as a penalty H ~ V of w d t i e a to

under this Act shall be paid to the person on whose information the ,emation	informer unless corn-
conviction shall have been obtained, unless compensation shall have been awarded to such person, in which case no further sum shall be
paid to him than the amount of such compensation, and the other
half, or the whole of every such penalty, as the case may be, shall be paid to the Treasurer as part of the public fund of the pro- vince.

48" & 49' VICTORIR, No. 366.

The Oyster Fishery Act.-1885.

PART VI. 35. The 148th section of the Criminal Law Consolidation Act,

~ ~ ~ ~ i, + ~ ~ ~ f ~ ~, ,876, 1b76, shall be read as if the wards " The Oyster Fishery Act, 1885,"

~ ~ ~ c e ~ l s o f o ~ s ~ r ~ ~	were inserted therein instead of the words	The Oyster Fishery Act,
&o.,toapplyto oystr!m,
&C., under this Act,	1873.''

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

this Bill.

WILLIAM C. F. ROBINICON, Governor.

VICTORIA;,, No.

The Oyster Fishery Act.-1 885.

THE SCHEDULE.

Licence to Discoverer of Natural Oyster-bed for the exclusive use thereof.

Whereas A. B., of has discovered a natural oyster-bed, situate

and bounded as follows [here set out situation and houndaries : and has applied for the issue to him of an exclusive licencc for the use of suc ?I oyster-bed. Now, in consideration of such discovery, the Treasurer of South Australia, by virtue of the Oyster Fishery Act, 1885, hereby licenses the said A. B., his executors, adminis- trators, and assigns, to the exclusion of all other persons, to fish for oysters in the said oyster-bed for the term of [Jive] years*: Provided that any part of the area to which this licence applies may at, any time, after not less than three months' notice, be resumed, if needed for the construction df any public works, without any com-

pensation in respect of such resumption. Dated the day of 188

* If any rent is to be paid here set it forth, beginning " Paying yearly an the day of ."

Licence to two t o f i r m an Artificial Oyster-bed.

These are to license A. B. and C. D. to form and plant an artificial oyster-bed on the shore or sea-ground hereinafter described, namely [here set out situation and boundariesl, and they, the said A. B. and C. D., and each of them, their and each of their executors, administrators, and assigns, forming and planting the said oyster-bed within [one year] from the date hereof, but not otherwise, shall continue to enjoy the exclusive usc of the same for [twenty-one] years, paying at the office of the Treasurer of South Australia, at Adelaide, the yearly rent of E on the day of in every year in advance (the first payment being made on

the day of next): Provided that any part of the area to which this licence applies may at any time, after not less than three months' notice, be reeumed, if needed for the construction of any public works, without any compensation

in respect of such resumption. Dated the day of 188

,/---.,

-p- -.

Adelaide : By authority, E. QPILLER, Government Printer, North-terrace.

B-366.