Inland Fisheries (Commercial Nets and Fees) Amendment Regulations 2018

Inland Fisheries (Commercial Nets and Fees) Amendment Regulations 2018

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 Inland Fisheries Act 1995 .

2 July 2018

C. WARNER

Governor

By Her Excellency's Command,

S. COURTNEY

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Inland Fisheries (Commercial Nets and Fees) Amendment Regulations 2018 .

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 Inland Fisheries (Commercial Nets and Fees) Regulations 2009 are referred to as the Principal Regulations.

4.    Regulation 1 amended (Short title)

Regulation 1 of the Principal Regulations is amended by omitting "(Commercial Nets and Fees)" and substituting "(General)".

5.    Regulation 5 amended (Use of nets limited)

Regulation 5 of the Principal Regulations is amended by omitting subregulation (3) .

6.    Regulation 8 inserted

After regulation 7 of the Principal Regulations , the following regulation is inserted:

8.   Infringement notice offences and penalties

(1)  For the purposes of the Act –

(a) an offence against a provision of the Act specified in column 2 of the table in Part 1 of Schedule 2 is a prescribed offence in respect of which an infringement notice may be served; and

(b) an offence against a provision of these regulations specified in column 2 of the table in Part 2 of Schedule 2 is a prescribed offence in respect of which an infringement notice may be served.

(2)  A penalty specified in column 3 of a table in Part 1 or 2 of Schedule 2 is prescribed as the penalty payable for the relevant offence specified in column 2 of the relevant table.

7.    Schedule 2 inserted

After Schedule 1 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 2 - Infringement Notice Offences and Penalties

Regulation 8

PART 1 - Offences under Act

Column 1	Column 2	Column 3
Item	Section of Act	Penalty (penalty units)
1.	Section 21(1)	5
2.	Section 25(3A)	5
3.	Section 29(2)	5
4.	Section 140B(1)	5
5.	Section 144	3
6.	Section 173 (2)	3

PART 2 - Offences under regulations

Column 1	Column 2	Column 3
Item	Regulation	Penalty (penalty units)
1.	Regulation 5(1)	2

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

Notified in the Gazette on 11 July 2018

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Inland Fisheries (Commercial Nets and Fees) Regulations 2009 by –

(a) prescribing offences under the Inland Fisheries Act 1995 in respect of which infringement notices may be served and the penalties payable in respect of those offences; and

(b) making minor consequential amendments; and

(c) amending the title of the regulations.