Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006

i Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 S.R. No. 140/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 2 4. Amendments to Schedule 2 2 ═══════════════ ENDNOTES 20 -- 1 of 21 -- 1 STATUTORY RULES 2006 S.R. No. 140/2006 Conservation, Forests and Lands Act 1987 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 17 October 2006 Responsible Minister: BOB CAMERON Minister for Agriculture RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002— (a) to prescribe further offences against a relevant law for which an infringement notice may be served; (b) to prescribe penalties for those prescribed offences; (c) to make other amendments. 2. Authorising provision These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987. -- 2 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 2 3. Principal Regulations In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 20021 are called the Principal Regulations. 4. Amendments to Schedule 2 (1) In Schedule 2 to the Principal Regulations, in Column 4 of item 1 for "1·5" substitute "5". (2) In Schedule 2 to the Principal Regulations, after item 5 insert— " 5A 6911 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(a) of the Fisheries Regulations 1998 3 penalty units as a licence holder, fail to ensure that any information provided to the Secretary, is provided clearly, legibly, truthfully and accurately 5B 6912 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to 3 penalty units as a licence holder, fail to notify the Secretary within 28 days of any change to his or her residential address or postal address or, in the case of a r. 3 -- 3 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 3 comply with a licence condition imposed by regulation 301(2)(b) of the Fisheries Regulations 1998 corporation, the registered office address 5C 6913 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(d) of the Fisheries Regulations 1998 3 penalty units as a licence holder, fail to ensure that the licence or a true and accurate copy of the licence is retained on board the boat, or in the case of licensed premises, on those premises, at all times 5D 6914 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by 3 penalty units as a licence holder, fail to ensure that a monthly catch and effort return is completed on the form provided by the Secretary showing all the details required by the form r. 4 -- 4 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 4 regulation 302(2)(a) of the Fisheries Regulations 1998 5E 6915 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(b) of the Fisheries Regulations 1998 3 penalty units as a licence holder, fail to ensure that the catch and effort return completed under regulation 302(2)(a) of the Fisheries Regulations 1998 is sent to the Secretary by the 14th day of the month following the period of the return 5F 6916 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(c) of the Fisheries 3 penalty units as a licence holder, fail to ensure that a copy of every catch and effort return completed under regulation 302(2)(a) of the Fisheries Regulations 1998 is retained for a period of 3 years r. 4 -- 5 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 5 Regulations 1998 5G 6917 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(f) of the Fisheries Regulations 1998 3 penalty units as a licence holder, fail to ensure that any fish that are not required to be taken other than noxious aquatic species, are immediately returned to the water with the least possible injury or damage 5H 6918 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(g) of the Fisheries Regulations 1998 3 penalty units as a licence holder, take, possess, retain on board or land from a boat, more than the catch limit of fish of the taxa specified in regulation 504 of the Fisheries Regulations 1998 r. 4 -- 6 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 6 5I 6919 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(h) of the Fisheries Regulations 1998 3 penalty units as a licence holder, take, possess, retain on board or land from a boat, more than a total of 400 kilograms of fish of the taxa specified in regulation 504 of the Fisheries Regulations 1998 5J 6920 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(i) of the Fisheries Regulations 1998 3 penalty units as a licence holder, take, possess, retain on board or land from a boat, any fish of the taxa specified in regulation 302(2)(i) of the Fisheries Regulations 1998 r. 4 -- 7 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 7 5K 6921 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(d)(i) of the Fisheries Regulations 1998 3 penalty units as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, use more than 6 fishing lines 5L 6922 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(d)(ii) of the Fisheries Regulations 1998 3 penalty units as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, use or possess any line with more than 3 hooks attached to each line r. 4 -- 8 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 8 5M 6923 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(e)(i) of the Fisheries Regulations 1998 3 penalty units as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, on any one day, take, possess or retain on board any boat more than a total combined number of 2 gummy shark and school shark 5N 6924 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(e)(ii) of the Fisheries Regulations 1998 3 penalty units as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, on any one day, land from any boat more than a combined number of 2 gummy shark and school shark r. 4 -- 9 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 9 5O 6925 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(j) of the Fisheries Regulations 1998 3 penalty units as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, take more than 8 wrasse on any one day 5P 6926 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(k) of the Fisheries Regulations 1998 3 penalty units as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, take, possess or land from any boat more than 2 banded morwong on any one day r. 4 -- 10 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 10 5Q 6855 An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 335(2)(f) of the Fisheries Regulations 1998 3 penalty units as a holder of an aquaculture licence, fail to complete an aquaculture crop production return on the form approved by the Secretary for the period 1 July to 31 December in each year and 1 January to 30 June in each year and forward the original return to the Secretary within 30 days of the end of each period". (3) In Schedule 2 to the Principal Regulations, in Column 4 of items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 for "1 penalty unit" substitute "3 penalty units". (4) In Schedule 2 to the Principal Regulations, after item 16 insert— "16A 6927 An offence under section 67(3) of the Fisheries Act 1995 constituted by a contravention of regulation 506(2) of the Fisheries Regulations 1998 3 penalty units take or possess fish of a specified species from specified waters during the closed season for fish of that species, other than in accordance with regulation 506(4) of the r. 4 -- 11 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 11 Fisheries Regulations 1998". (5) In Schedule 2 to the Principal Regulations, in column 4 of item 19 for "1·5" substitute "3". (6) Items 19C, 19D and 19E of Schedule 2 to the Principal Regulations are revoked. (7) In Schedule 2 to the Principal Regulations, after item 20 insert— "20A 6928 An offence under section 114(3) of the Fisheries Act 1995 constituted by a contravention of regulation 507(1)(e) of the Fisheries Regulations 1998 3 penalty units use any equipment other than underwater breathing apparatus or recreational hoop nets for the taking of, or attempting to take, rock lobster, except as a holder of a licence or permit issued under the Fisheries Act 1995 to the extent that the person uses equipment in accordance with the Act and the Fisheries Regulations 1998 20B 6929 An offence under section 114(3) of the Fisheries Act 1995 constituted by a 3 penalty units use any equipment other than an abalone tool to take abalone, except as a holder of a r. 4 -- 12 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 12 contravention of regulation 507(1)(t) of the Fisheries Regulations 1998 licence or permit issued under the Fisheries Act 1995 to the extent that the person uses equipment in accordance with the Act and the Fisheries Regulations 1998 20C 6930 An offence under section 118A of the Fisheries Act 1995 3 penalty units sell abalone that is not packaged with packaging that is marked or labelled in accordance with regulations made for the purposes of section 118A of the Fisheries Act 1995 20D 6931 An offence under section 118B(1) of the Fisheries Act 1995 3 penalty units remove, destroy or render wholly or partially illegible any mark or label on any packaging containing abalone where that mark or label has been placed on the packaging in accordance with the Fisheries r. 4 -- 13 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 13 Regulations 1998, except in accordance with section 118B(3) of the Fisheries Act 1995 20E 6932 An offence under section 118B(2) of the Fisheries Act 1995 3 penalty units deface, damage or destroy any packaging containing abalone, except in accordance with section 118B(3) of the Fisheries Act 1995 20F 6933 An offence under section 120A(4) of the Fisheries Act 1995 3 penalty units fail to comply with the requirements of a notice under section 120A(1) of the Fisheries Act 1995 by the date specified in the notice 20G 6934 An offence under section 120AA(2) of the Fisheries Act 1995 3 penalty units fail to create a document concerning the proposed sale of fish in the form required by the Fisheries Regulations 1998; and where the sale of fish is by consignment, fail to ensure a copy of the document accompanies the consignment; r. 4 -- 14 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 14 and in the case of any other sale, fail to ensure a copy of the document is given to the purchaser at or before the sale; and fail to keep a copy of the document 20H 6935 An offence under section 120AA(3) of the Fisheries Act 1995 3 penalty units fail to produce for inspection a document created under section 120AA of the Fisheries Act 1995, that is in his or her possession, when asked to do so by an authorised officer or a member of the police force 20I 6936 An offence under section 120AB(2) of the Fisheries Act 1995 3 penalty units as a person purchasing specified fish who fails to obtain and keep, on receiving the fish, a copy of the document that the seller of the fish was required to create under section 120AA of the Fisheries Act 1995 r. 4 -- 15 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 15 20J 6937 An offence under section 120AC(2) of the Fisheries Act 1995 3 penalty units as a person who possesses fish of a particular species in a specified quantity, fail to have the document required by the Fisheries Regulations 1998 in his or her possession 20K 6938 An offence under section 120AC(3) of the Fisheries Act 1995 3 penalty units fail to produce for inspection any document the person has in his or her possession, in relation to fish specified for the purposes of section 120AC of the Fisheries Act 1995, if asked to do so by an authorised officer or member of the police force 20L 6939 An offence under section 120B of the Fisheries Act 1995 3 penalty units fail to keep any document that the person is required to keep under the Fisheries Act 1995 for at least 3 years after the date on which the document was created or r. 4 -- 16 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 16 received (as the case may be) 20M 6940 An offence under section 120C(2) of the Fisheries Act 1995 3 penalty units fail to ensure that a record, writing or mark is legible, large enough to be easily read, readily visible to a person handling the thing and in English". (8) In Schedule 2 to the Principal Regulations, in Column 4 of items 44 and 45 for "1·5" substitute "3". (9) In Schedule 2 to the Principal Regulations, after item 45 insert— "45A 6941 An offence under regulation 522(2A) of the Fisheries Regulations 1998 3 penalty units remove abalone meat from its shell before the time permitted under regulation 522(2A) other than as the holder of an Abalone Fishery Access Licence or as a person acting under the licence". (10) In Schedule 2 to the Principal Regulations, after item 65 insert— "65A 6942 An offence under regulation 533(5)(a) of the Fisheries 2 penalty units use a spear gun in inland waters other than in accordance with regulation r. 4 r. 4 -- 17 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 17 Regulations 1998 533(7) of the Fisheries Regulations 1998 65B 6943 An offence under regulation 533(5)(b) of the Fisheries Regulations 1998 2 penalty units use a spear gun in the waters of Anderson's Inlet, Corner Inlet, the Gippsland Lakes, Lake Tyers, Mallacoota Inlet, Shallow Inlet, Tamboon Inlet, Wingan Inlet or Curdies Inlet, other than in accordance with regulation 533(7) of the Fisheries Regulations 1998 65C 6944 An offence under regulation 533(5)(c) of the Fisheries Regulations 1998 2 penalty units use a spear gun within 30 metres of any jetty or the mouth of any creek or river other than in accordance with regulation 533(7) of the Fisheries Regulations 1998 65D 6945 An offence under regulation 533(6)(a) of the Fisheries Regulations 1998 2 penalty units possess a spear gun in, on or next to inland waters other than in accordance with regulation r. 4 -- 18 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 18 533(7) or (8) of the Fisheries Regulations 1998 65E 6946 An offence under regulation 533(6)(b) of the Fisheries Regulations 1998 2 penalty units possess a spear gun in, on or next to the waters of Anderson's Inlet, Corner Inlet, Gippsland Lakes, Lake Tyers, Mallacoota Inlet, Shallow Inlet, Tamboon Inlet, Wingan Inlet or Curdies Inlet other than in accordance with regulation 533(7) or (8) of the Fisheries Regulations 1998 65F 6947 An offence under regulation 533(6)(c) of the Fisheries Regulations 1998 2 penalty units possess a spear gun within 30 metres of any jetty or the mouth of any creek or river other than in accordance with regulation 533(7) or (8) of the Fisheries Regulations 1998". (11) Items 74 and 75 of Schedule 2 to the Principal Regulations are revoked. (12) In Schedule 2 to the Principal Regulations, in column 4 of item 76 for "1·5" substitute "3". r. 4 -- 19 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 19 (13) Item 77 of Schedule 2 to the Principal Regulations is revoked. (14) In Schedule 2 to the Principal Regulations, for item 78 substitute— " 78 6948 An offence under regulation 543(1) of the Fisheries Regulations 1998 3 penalty units remove packaging containing abalone except in circumstances specified in regulation 543(2) of the Fisheries Regulations 1998". (15) In Schedule 2 to the Principal Regulations, in Column 4 of items 81, 82, 83, 84, 85 and 86 for "1·5" substitute "3". ═══════════════ r. 4 -- 20 of 21 -- S.R. No. 140/2006 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006 20 ENDNOTES 1 Reg. 3: S.R. No. 48/2002. Reprint No. 1 as at 14 December 2004. Reprinted to S.R. No. 172/2004 and subsequently amended by S.R. Nos 48/2005 and 172/2005. Endnotes -- 21 of 21 --