Untitled document

Fisheries (Further Amendment) Regulations 2006

S.R. No. 122/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Entitlements of Rock Lobster Fishery Access Licence

4.Process for determination of compensation payable under section 63

5.Conditions of a Rock Lobster Fishery Access Licence

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 122/2006

Fisheries Act 1995

Fisheries (Further Amendment) Regulations 2006

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 19 September 2006

Responsible Minister:

BOB CAMERON
Minister for Agriculture

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Fisheries Regulations 1998 to—

(a)allow Rock Lobster Fishery Access Licence holders to take species of fish for use as bait in the Fishery; and

(b)amend the formula for determining the compensation payable for the cancellation of a transferable access licence under the Fisheries Act 1995.

2.Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995.

3.Entitlements of Rock Lobster Fishery Access Licence

After regulations 220(b) and 220A(b) of the Fisheries Regulations 1998[1] insert—

"(ba)use the number of fishing lines specified in the licence to take fish for bait (other than abalone, giant crab, jellyfish, scallop and sea urchin); and".

4.Process for determination of compensation payable under section 63

(1)In regulation 243(2) of the Fisheries Regulations 1998 for—

"Ais a fair and reasonable valuation for the licence including any quota entitlement issued in respect of the licence;"

substitute—

"Ais a fair and reasonable valuation for the licence, including any quota entitlement issued in respect of the licence, as determined by the valuer-general (within the meaning of Part I of the Valuation of Land Act 1960);".

(2)In regulation 243(10) of the Fisheries Regulations 1998, for paragraph (a) of the definition of "financial documentation" substitute—

"(a) in the case of item A, a copy of the written determination of the valuer-general;

(ab) in the case of item B—

(i)a statement endorsed by a certified practising accountant, being a member of CPA Australia, the Institute of Chartered Accountants in Australia or the National Institute of Accountants; or

(ii)a personal taxation statement issued by the Australian Taxation Office;".

5.Conditions of a Rock Lobster Fishery Access Licence

In regulation 318(2) of the Fisheries Regulations 1998—

(a)in paragraph (zp) for "coff." substitute

"coff; and";

(b)after paragraph (zp) insert—

"(zq)must not—

(i)use more than 6 fishing lines; or

(ii)use or possess any line with more than 3 hooks attached to each line; and

(zr)must not on any one day—

(i)take, possess or retain on board any boat any gummy shark or any school shark; or

(ii)land from any boat any gummy shark or any school shark.".

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ENDNOTES

[1] Reg. 3: S.R. No. 23/1998.  Reprint No. 6 as at 1 April 2006.  Reprinted to S.R. No. 28/2006 and subsequently amended by S.R. No. 63/2006.