Fisheries (Penalties) Regulations 2021
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Fisheries (Penalties) Regulations 2021
Fisheries (Penalties) Regulations 2021
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 . 15 February 2021 C. WARNER Governor By Her Excellency's Command, GUY BARNETT Minister for Primary Industries and Water
PART 1 - Preliminary
1.
Short title
These regulations may be cited as the
Fisheries (Penalties) Regulations 2021 .
2.
Commencement
These regulations take effect on 2 March 2021.
3.
Interpretation
In these regulations
abalone
has the same meaning as in the
Fisheries (Abalone) Rules 2017 ;
Act
means the
Living Marine Resources Management Act 1995 ;
commercial licence
means a licence issued for commercial purposes;
first offence
means a first offence against any fisheries regulation or fisheries rule;
fisheries regulation
means a regulation made and in force under the Act;
fisheries rule
means a rule made and in force under
Part 3
or
5
of the Act;
fish trap
has the same meaning as in the
Fisheries (Scalefish) Rules 2015 ;
giant crab
has the same meaning as in the
Fisheries (Giant Crab) Rules 2013 ;
level 1 offence
means an offence that involves
(a) fewer than
(i) 10 rock lobsters; or
(ii) 2 giant crabs; or
(iii) 100 scallops; or
(iv) 5 sharks; or
(v) 20 abalone; or
(vi) 20 kilograms of abalone; or
(vii) 20 fish of any other species; or
(b) fewer than
(i) 3 rock lobster pots; or
(ii) 4 rock lobster rings; or
(iii) 3 fish traps; or
(c) less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;
level 2 offence
means an offence that involves
(a) no fewer than
(i) 10 rock lobsters; or
(ii) 2 giant crabs; or
(iii) 100 scallops; or
(iv) 5 sharks; or
(v) 20 abalone; or
(vi) 20 kilograms of abalone; or
(vii) 20 fish of any other species; or
(b) no fewer than
(i) 3 rock lobster pots; or
(ii) 4 rock lobster rings; or
(iii) 3 fish traps; or
(c) not less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;
rock lobster
has the same meaning as in the
Fisheries (Rock Lobster) Rules 2011 ;
rock lobster pot
has the same meaning as in the
Fisheries (Rock Lobster) Rules 2011 ;
rock lobster ring
has the same meaning as in the
Fisheries (Rock Lobster) Rules 2011 ;
scallop
has the same meaning as in the
Fisheries (Scallop) Rules 2020 ;
second offence
means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of one offence under any
(a) fisheries regulation; or
(b) fisheries rule; or
(c) section of the Act;
shark
has the same meaning as in
Schedule 1 to the
Fisheries (Scalefish) Rules 2015
;
third or subsequent offence
means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of 2 or more offences under any
(a) fisheries regulation; or
(b) fisheries rule; or
(c) section of the Act.
4.
References to applicable Grade penalties
A reference in any fisheries regulation, fisheries rule or management plan to a fine not exceeding an applicable Grade penalty includes a reference to a fine of not less than the minimum specified for that penalty.
PART 2 - Penalties
5.
Grade 1 penalties
The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 1 penalty is a fine of not less than one penalty unit and not more than 20 penalty units.
6.
Grade 2 penalties
The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 2 penalty is a fine of
(a) not less than one penalty unit and not more than 1 000 penalty units, for a first offence; or
(b) not less than 2 penalty units and not more than 1 000 penalty units, for a second offence; or
(c) not less than 5 penalty units and not more than 1 000 penalty units, for a third or subsequent offence.
7.
Grade 3 penalties
(1)
The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 3 penalty is as follows:
(a) for a level 1 offence
(i) a fine of not less than one penalty unit and not more than 5 penalty units, for a first offence; or
(ii) a fine of not less than 2 penalty units and not more than 100 penalty units, for a second offence; or
(iii) a fine of not less than 5 penalty units and not more than 200 penalty units or a term of imprisonment not exceeding 6 months, or both, for a third or subsequent offence;
(b) for a level 2 offence
(i) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or
(ii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or
(iii) a fine of not less than 10 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence;
(c) for any other offence
(i) a fine of not less than one penalty unit and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or
(ii) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or
(iii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence.
(2)
A reference in any fisheries regulation or fisheries rule to a fine not exceeding the applicable Grade 3 penalty includes a reference to a term of imprisonment as specified in that penalty.
Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 24 February 2021 These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
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©The State of Tasmania (The Department of Premier and Cabinet) 2026 (Ver. 6.0.73 Rev. 1612)