Fisheries (General and Fees) Amendment Regulations 2005
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 .
21 December 2005W. J. E. COX
Governor
By His Excellency's Command,
STEVEN KONS
Minister for Primary Industries and Water
These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2005 .
(1) These regulations, other than paragraphs (i) , (k) , (q) and (s) of regulation 8 , take effect on the day on which the making of these regulations is notified in the Gazette or on 1 January 2006, whichever is later.(2) Paragraphs (i) , (k) , (q) and (s) of regulation 8 take effect on 1 November 2006.
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 as follows:(a) by omitting "a" from the definition of Grade 2 penalty and substituting "the";(b) by omitting "a" from the definition of Grade 3 penalty and substituting "the";(c) by inserting the following definition after the definition of pensioner :Perkins Bay greenlip area means –(a) the area of State waters adjacent to the north coast of Tasmania bounded by an imaginary line running due north from Cowrie Point along the line of longitude 145o 22’ 7.6” East until its junction with the line of latitude 40o 35’ 00” South, then west along that line of latitude until its junction with the line of longitude 145o 2’ 52.2” East and then south along that line of longitude; and(b) the area of State waters adjacent to the north coast of Tasmania known as Robbins Passage bounded on the east by an imaginary line running due north along the line of longitude 145o 2’ 52.2” East and bounded on the west by an imaginary line running due north along the line of longitude 144o 55’ 00” East;
5. Regulation 6 amended (Taking or possessing abalone)
Regulation 6 of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "Fine not exceeding the applicable";(b) by omitting from the penalty under subregulation (2) "Fine not exceeding the applicable";(c) by omitting from the penalty under subregulation (3) "Fine not exceeding the applicable".
6. Regulation 6A amended (Taking or possessing greenlip abalone)
The penalty under regulation 6A of the Principal Regulations is amended by omitting "Fine not exceeding the applicable".
7. Regulation 6B amended (Possession by fish processing licence holder)
Regulation 6B of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "Fine not exceeding the applicable";(b) by omitting from the penalty under subregulation (3) "Fine not exceeding the applicable".
8. Regulation 6C amended (Taking or possessing abalone in certain waters)
Regulation 6C of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "Fine not exceeding the applicable";(b) by omitting from the penalty under subregulation (1A) "Fine not exceeding the applicable";(c) by omitting from the penalty under subregulation (1B) "Fine not exceeding the applicable";(d) by omitting from the penalty under subregulation (1C) "Fine not exceeding the applicable";(e) by omitting from the penalty under subregulation (2) "Fine not exceeding the applicable";(f) by omitting from the penalty under subregulation (2A) "Fine not exceeding the applicable";(g) by omitting from the penalty under subregulation (2B) "Fine not exceeding the applicable";(h) by omitting from the penalty under subregulation (3) "Fine not exceeding the applicable";(i) by omitting from subregulation (3A) "136mm" and substituting "138mm";(j) by omitting from the penalty under subregulation (3A) "Fine not exceeding the applicable";(k) by omitting from subregulation (3B) "136mm" and substituting "138mm";(l) by omitting from the penalty under subregulation (3B) "Fine not exceeding the applicable";(m) by omitting from the penalty under subregulation (4) "Fine not exceeding the applicable";(n) by omitting subregulation (5) and substituting the following subregulations:(5) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 145mm from, or have possession of greenlip abalone that has a shell length of less than 145mm in, waters other than those in the Perkins Bay greenlip area.Penalty: Grade 3 penalty.(5A) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 140mm from, or have possession of greenlip abalone with a shell length less than 140mm in, the Perkins Bay greenlip area.Penalty: Grade 3 penalty.(o) by inserting in subregulation (6) "who is not the holder of a fishing licence (abalone dive)" after "person";(p) by omitting from the penalty under subregulation (6) "Fine not exceeding the applicable";(q) by omitting from subregulation (7) "136mm" and substituting "138mm";(r) by omitting from the penalty under subregulation (7) "Fine not exceeding the applicable";(s) by omitting from subregulation (8) "136mm" and substituting "138mm in";(t) by omitting from the penalty under subregulation (8) "Fine not exceeding the applicable".
9. Regulation 6D amended (Taking or possessing certain abalone)
Regulation 6D of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "Fine not exceeding the applicable";(b) by omitting from the penalty under subregulation (2) "Fine not exceeding the applicable".
10. Regulation 18 amended (Prohibition on taking certain fish)
Regulation 18 of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "Fine not exceeding the applicable";(b) by omitting from the penalty under subregulation (2) "Fine not exceeding the applicable";(c) by omitting from the penalty under subregulation (3) "Fine not exceeding the applicable".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 December 2005
These regulations are administered in the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Fisheries (General and Fees) Regulations 1996 by –(a) revising certain provisions relating to the taking and possessing of abalone in certain waters; and(b) inserting a definition of Perkins Bay greenlip area; and(c) making minor corrections to penalties.