Fisheries (Infringement Notices) Amendment Regulations 2008


Tasmanian Crest
Fisheries (Infringement Notices) Amendment Regulations 2008

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 .

3 March 2008

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Fisheries (Infringement Notices) Amendment Regulations 2008 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Fisheries (Infringement Notices) Regulations 2001 are referred to as the Principal Regulations.

4.    Regulation 9 rescinded

Regulation 9 of the Principal Regulations is rescinded.

5.    Schedule 1 amended (Offences under Living Marine Resources Management Act 1995 )

Schedule 1 to the Principal Regulations is amended as follows:
(a) by omitting

15(2)

Failing to comply with, or contravening, condition of permit

3

and substituting the following item:

15(2)

Contravening condition of permit

3

(b) by omitting

86A

Failing to comply with, or contravening, condition of licence

3

and substituting the following item:

86A

Contravening condition of licence

3

(c) by inserting after

262(1)

Purchasing, possessing or selling illegally taken or possessed fish

3

the following item:

270(2)

Contravening biosecurity direction

4

6.    Schedule 7 rescinded

Schedule 7 to the Principal Regulations is rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 5 March 2008

These regulations are administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Fisheries (Infringement Notices) Regulations 2001 by –
(a) prescribing a further offence under the Living Marine Resources Management Act 1995 for which an infringement notice may be issued; and
(b) omitting certain infringement notice offences and penalties that are being "transferred" to the Fisheries (Scallop) Rules 2005.