Fisheries (General and Fees) Amendment Regulations (No. 2) 1997
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .
28 November 1997G. S. M. GREEN
Governor
By His Excellency's Command,
B. BONDE
Minister for Primary Industry and Fisheries
These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations (No. 2) 1997 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Fisheries (General and Fees) Regulations 1996 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting "(1) In" and substituting "In".
5. Regulation 6 amended (Minimum size of abalone)
Regulation 6 of the Principal Regulations is amended by omitting from subregulation (6) secondly occurring "(6) Subrule (5)" and substiting "(7) Subregulation (5)".
6. Regulation 8 amended (Fees)
Regulation 8 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "fee specified in Part 2 of Schedule 1 is" and substituting "fees specified in Part 2 of Schedule 1 are";(b) by omitting from subregulation (3) "services provided under the Act" and substituting "handling licences";(c) by inserting the following subregulations after subregulation (4) :(5) The fees specified in Parts 2 and 3 of Schedule 1 in relation to endorsements are payable in addition to the fees specified in those Parts for renewal.(6) The fees specified in Schedule 1A are prescribed in respect of miscellaneous matters under the Act.
7. Regulations 11, 12 and 13 substituted
Regulations 11, 12 and 13 of the Principal Regulations are rescinded and the following regulations are substituted:(1) A person must not export, or cause or permit to be exported, any fish for any purpose unless the fish is accompanied by –(a) in the case of abalone, a docket in the approved form issued by that person; or(b) in any other case a signed docket issued by that person containing the information specified in subregulation (2) .Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) A docket must contain the following information:(a) the name and address of the person;(b) the date of export;(c) the species or a recognised common name of the fish;(d) the quantity of each species.(3) It is a defence to any proceedings under subregulation (1) if the person proves that –(a) he or she does not carry on the business of selling or processing fish or fish products; and(b) the fish were exported otherwise than for the purpose of sale or storage for reward.(1) A person must not export rock lobster or cause or permit rock lobster to be exported on or in a fishing vessel to a State or Territory where the legal minimum carapace length for rock lobster is less than in State waters unless –(a) the fishing vessel was used to take the rock loster; and(b) the fishing vessel has tied up at a port of departure after the rock lobster has been taken; and(c) the rock lobster has been taken in accordance with the Act, the Fisheries Rules or these regulations; and(d) the person has given written notification of the information specified in regulation 14 to a police officer at the police station nearest to the proposed port of departure at least 24 hours before the fishing vessel leaves the port of departure for the purpose of exporting the rock lobster; and(e) the person has made the rock lobster available for inspection by a police officer on request; and(f) all rock lobster pots used from the fishing vessel are –(i) on the fishing vessel; and(ii) available for inspection.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) A person must not export rock lobster or cause or permit rock lobster to be exported on or in a fishing vessel to a State or Territory where the legal minimum size for rock lobster is the same or greater than in State waters unless –(a) the fishing vessel was used to take the rock lobster; and(b) the rock lobster has been taken in accordance with the Act, the Fisheries Rules or these regulations; and(c) the person has given notification of the information specified in regulation 14 to a police officer at least 24 hours before the fishing vessel leaves State waters for the purpose of exporting the rock lobster; and(d) the person has made the rock lobster available for inspection by a police officer on request; and(e) all rock lobster pots used from the fishing vessel are –(i) on the fishing vessel; and(ii) available for inspection.Penalty: Fine not exceeding the applicable Grade 2 penalty.A person must not export giant crabs or cause or permit giant crabs to be exported on or in a fishing vessel unless –(a) the fishing vessel was used to take the giant crabs; and(b) the giant crabs have been taken in accordance with the Act, the Fisheries Rules or these regulations; and(c) the person has given notification of the information specified in regulation 14 to a police officer at least 24 hours before the fishing vessel leaves State waters for the purpose of exporting the giant crabs; and(d) the person has made the giant crabs available for inspection by a police officer on request; and(e) all rock lobster pots used from the fishing vessel are –(i) on the fishing vessel; and(ii) available for inspection.Penalty: Fine not exceeding the applicable Grade 2 penalty.
8. Regulation 14 amended (Information required for exporting)
Regulation 14(b) of the Principal Regulations is amended by omitting subparagraph (ii) .
9. Regulation 19 amended (Storing fish)
Regulation 19 of the Principal Regulations is amended by omitting "purpose of section 69 " and substituting "purposes of sections 69 and 200(c)(ii) ".
10. Regulations 19B, 19C and 19D inserted
After regulation 19A of the Principal Regulations, the following regulations are inserted:19B. Processing of fish of prescribed amounts and species
For the purpose of section 67(1) of the Act –(a) the prescribed amount of fish is –(i) any amount in respect of rock lobster; and(ii) any amount in respect of abalone; and(iii) 10 tonnes or more in respect of any other species or a combination of other species; and(b) the prescribed period is one calendar year.19C. Prescribed apparatus illegally used
For the purpose of section 268(1)(b)(ii) of the Act, the prescribed apparatus is a fish trap.A levy payable by a person under section 279 of the Act is due and payable when the person renews the licence under which an activity to which the levy relates is undertaken.
11. Regulation 22 rescinded
Regulation 22 of the Principal Regulations is rescinded.
12. Schedule 1 amended (Licence fees)
Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting from item 14 of Part 1 "Renewal, each pot $100" and substituting the following:
Renewal, each pot –
(a) in 1998
$125
(b) in 1999
$150
(c) in 2000
$175
(d) in 2001
$200
(b) by omitting Parts 2 , 3 and 4 and substituting the following Parts:PART 2 - Fish processing licences
1.
Renewal, a calendar year, in respect of any amount of abalone or rock lobster or 10 tonnes or more of other species
$430
2.
Endorsement for rock lobster –
(a) processing less than 5 tonnes a calendar year
$150
(b) processing 5 tonnes or more a calendar year
$1 150
3.
Endorsement for abalone
$1 150
PART 3 - Handling licences
1.
Renewal
$50
2.
Endorsement for rock lobster –
(a) handling less than 5 tonnes of rock lobster a calendar year
$100
(b) handling 5 tonnes or more of rock lobster a calendar year
$1 100
PART 4 - Marine farming licences
1. Renewal or variation in respect of species not farmed on land –
(a) Bivalve
one species
$1 750
each additional species
$100
(b) Finfish
one species
$1 750
each additional species
$100
(c) Seaweed
$400
(d) Abalone
one species
$1 550
each additional species
$100
(e) Other species
$100
2. Renewal or variation in respect of species farmed on land –
(a) Abalone
one species
$1 550
each additional species
$100
(b) Other species
$300
3. Transfer –
(a) for species farmed on land
$300
(b) for species not farmed on land
$480
13. Schedule 1A inserted
After Schedule 1 to the Principal Regulations , the following Schedule is inserted:SCHEDULE 1A - Miscellaneous fees
1.
Consideration of an application for approval to lease, sub-lease or lend licence
$50
2.
Consideration of an application for approval of another form of supervision of activity under licence
$50
3.
Consideration of an application for approval to transfer licence or authorisation to other certificate
$50
4.
Examination of register kept under section 249 of Act
$10
5.
Obtaining copy or extract from register kept under section 298 of Act
$10
6.
Obtaining list of entries from register kept under section 298 of Act –
(a) first 200 names
$20
(b) each additional 200 names
$10
7.
Purchase of tag for scallop bag –
each tag
$1
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 November 1997
These regulations are administered in the Department of Primary Industry and Fisheries.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations make further provision relating to –(a) fees payable in respect of licences, services and other matters under the Act; and(b) export of rock lobster and giant crab; and(c) payment of industry levies; and(d) amounts of fish for which a fish processing licence is required; and(e) apparatus for which a special penalty is payable for illegal use.