Fisheries (General and Fees) Amendment Regulations 2005

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 .

W. J. E. COX

Governor

By His Excellency's Command,

STEVEN KONS

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2005 .

2.   Commencement

(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.

3.   Principal Regulations

In these regulations, the Fisheries (General and Fees) Regulations 1996 are referred to as the Principal Regulations.

4.   

The amendments effected by this regulation have been incorporated into the authorised version of the Fisheries (General and Fees) Regulations 1996 .

5.   

The amendments effected by this regulation have been incorporated into the authorised version of the Fisheries (General and Fees) Regulations 1996 .

6.   

The amendment effected by this regulation has been incorporated into the authorised version of the Fisheries (General and Fees) Regulations 1996 .

7.   

The amendments effected by this regulation have been incorporated into the authorised version of the Fisheries (General and Fees) Regulations 1996 .

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";

[Commences: 1 November 2006

(i) by omitting from subregulation (3A) "136mm" and substituting "138mm";

]

(j) by omitting from the penalty under subregulation (3A) "Fine not exceeding the applicable";

[Commences: 1 November 2006

(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";

[Commences: 1 November 2006

(q) by omitting from subregulation (7) "136mm" and substituting "138mm";

]

(r) by omitting from the penalty under subregulation (7) "Fine not exceeding the applicable";

[Commences: 1 November 2006

(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.   

The amendments effected by this regulation have been incorporated into the authorised version of the Fisheries (General and Fees) Regulations 1996 .

10.   

The amendments effected by this regulation have been incorporated into the authorised version of the Fisheries (General and Fees) Regulations 1996 .

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.