Inland Fisheries (General) Regulations 2009


Tasmanian Crest
Inland Fisheries (General) Regulations 2009

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 .

30 November 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1.   Short title

[Regulation 1 Amended by S.R. 2018, No. 43, Applied:11 Jul 2018] These regulations may be cited as the Inland Fisheries (General) Regulations 2009 .

2.   Commencement

These regulations take effect on 22 December 2009.

3.   Interpretation

In these regulations, unless the contrary intention appears –
Act means the Inland Fisheries Act 1995 ;
bank, in relation to inland waters, includes –
(a) land within 100 metres of the bank of a river; and
(b) land within 100 metres of the edge or high-water mark of the inland waters;
fyke net means a net –
(a) that does not exceed 670 millimetres in opening height; and
(b) that does not exceed 670 millimetres in width; and
(c) that has mesh of not less than 15 millimetres and not more than 39 millimetres; and
(d) any wing or leader of which does not exceed 10 metres in length and does not exceed 1 200 millimetres in drop;
mesh has the meaning given by regulation 4 ;
possession includes control for the use or benefit of any person, whether or not that person has actual possession or custody.

4.   Meaning and measurement of mesh

(1)  Mesh is one of the spaces bounded by the threads of a net.
(2)  Mesh is measured by being stretched diagonally, the average length of 10 adjoining meshes being taken when the diagonally opposite knots touch each other while the mesh is held taut.

5.   Use of nets limited

(1)  A person who is on the bank of any inland waters or in or on a boat on any inland waters must not –
(a) use a net of any description to take fish for commercial purposes; or
(b) have possession of a net for the purpose of taking fish for commercial purposes.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

(2)  Subregulation (1) does not apply to –
(a) a net used only in a tidal river (other than the Ansons River, Scamander River or Swan River) by a person –
(i) on a fishing boat to which a fishing licence (vessel) under the Fisheries Rules 2009 relates; or
(ii) on any other boat or ship in transit to or from any waters beyond the seaward limits of a river; or
(iii) in accordance with a permit issued under the Act; or
(b) the holder of a commercial freshwater fishing licence using a fyke net or any other net in accordance with the licence.
(3)  [Regulation 5 Subregulation (3) omitted by S.R. 2018, No. 43, Applied:11 Jul 2018] .  .  .  .  .  .  .  .  

6.   Offence to have fish taken by unlicensed person

The holder of a commercial freshwater fishing licence must not –
(a) at any inland waters, receive or hide any fish caught by a person who is not the holder of a licence; or
(b) falsely represent that any fish have been caught by the holder of a licence.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

7.   Fees

The fees specified in Schedule 1 are prescribed in respect of licences, permits, registrations and registers issued or kept under the Act.

8.   Infringement notice offences and penalties

[Regulation 8 Inserted by S.R. 2018, No. 43, Applied:11 Jul 2018]
(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.
SCHEDULE 1 - Fees

Regulation 7

PART 1 - Licences and permits
 

Item

Fee units

1. 

Commercial freshwater fishing licence

 
 

Application for grant, variation, renewal, transfer or replacement –

 
 

(a) eels

100

 

(b) other species

150

 

Issue –

 
 

(a) eels

750

 

(b) one other species

250

 

(c) each additional species

100

 

Variation

100

 

Renewal (eels) –

750

 

and each kilogram of fish caught during previous year

0.25

 

Renewal (other species) –

 
 

(a) one species

250

 

(b) each additional species

100

 

Approval of transfer

100

 

Replacement licence

20

2. 

Fish farm licence – hobby scale (totally recirculating water)

 
 

Application

50

 

Issue

50

 

Variation

20

 

Renewal

50

 

Replacement licence

10

3. 

Fish farm licence – commercial scale 1 (totally recirculating water)

 
 

Application

150

 

Issue for each year

150

 

Variation

100

 

Renewal for each year

150

 

Approval of transfer

100

 

Replacement licence

20

4. 

Fish farm licence – commercial scale 2 (flowthrough water)

 
 

Application

250

 

Issue –

 
 

(a) each year

250

 

(b) each megalitre of a water allocation on a licence under the Water Management Act 1999

20

 

Renewal –

 
 

(a) each year

250

 

(b) each megalitre of a water allocation on a licence under the Water Management Act 1999

20

 

Variation

100

 

Approval of transfer

100

 

Replacement licence

20

5. 

Fishing permit

 
 

Application

25

 

Exemption permit for stocking purposes

60

 

Exemption permit for other purposes

100

6. 

Permission to transport live fish

 
 

Application for permission to transport live fish

170

PART 2 - Registration
   
 

Item

Fee units

1. 

Fish dealer

 
 

Application

50

 

Issue of certificate of registration

20

 

Application for renewal

25

 

Issue of certificate of renewal

20

 

Application for transfer

25

 

Transfer

25

2. 

Private fishery

 
 

Application

150

 

Issue of certificate of registration

500

 

Renewal

500

PART 3 - Registers
   
 

Item

Fee units

1. 

Inspection of register –

 
 

(a) first 15 minutes

10

 

(b) each subsequent hour or part of an hour

25

2. 

Copy of, or extract from, register –

 
 

(a) first 5 pages

5

 

(b) each subsequent page

1

SCHEDULE 2 - Infringement Notice Offences and Penalties
[Schedule 2 Inserted by S.R. 2018, No. 43, Applied:11 Jul 2018]

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 9 December 2009

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