Fisheries (Abalone) (Amendment) Regulations 1997
i
Fisheries (Abalone) (Amendment) Regulations 1997
S.R. No. 34/1997
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provision 2
3. Principal Regulations 2
4. Amendments to definitions 2
5. Size limits for abalone taken by abalone licence holders from
Port Phillip Bay 3
6. Amendments to conditions, limitations and restrictions of
abalone licence 4
7. Amendments in relation to authority issued by Secretary 6
8. Amendments to conditions, limitations and restrictions of
abalone licence 6
9. Insertion of regulation 18A 6
18A. Secretary may issue authority for exemption from
regulation 17 or 18 6
10. Amendments to conditions, limitations and restrictions of
abalone processor's licence 7
11. Consequential amendment 8
12. Amendments to conditions, limitations and restrictions of
abalone processor’s licence 8
13. Amendments to conditions, limitations and restrictions of
abalone processor's licence 8
14. Insertion of regulation 23A 9
23A. Secretary may issue authority for exemption from
regulation 20, 21, 22 or 23 9
15. Consequential amendment 9
16. Amendments to conditions, limitations and restrictions of
abalone storer's licence 10
17. Amendments to conditions, limitations and restrictions of
abalone storer's licence 10
18. Insertion of regulation 27A 11
27A. Secretary may issue authority for exemption from
regulation 25, 26, or 27 11
19. Offence to sell abalone without receipt or invoice showing
prescribed details 11
20. Transport of abalone from licensed diver interstate 12
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Regulation Page
ii
21. Revocation of regulation 32(5) 12
22. Amendments to abalone docket 12
23. Amendments to Schedule 4 13
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NOTES 14
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1
STATUTORY RULES 1997
S.R. No. 34/1997
Fisheries Act 1968
Fisheries (Abalone) (Amendment) Regulations 1997
The Governor in Council makes the following Regulations:
Dated: 22 April 1997
Responsible Minister:
PATRICK McNAMARA
Minister for Agriculture and Resources
SHARNE BRYAN
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to amend the Fisheries (Abalone)
Regulations 1996 1 to make provision for the
Secretary to issue authorities to abalone
processors and abalone storers to undertake
certain activities in relation to the weighing,
sale, consignment, reporting or processing of
abalone which, in normal circumstances
would contravene the Regulations; and
(b) to make provision for the landing of abalone
in bags; and
(c) to include additional definitions and clarify
the intention of other matters in those
Regulations; and
(d) to make other minor amendments to those
Regulations.
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2. Authorising provision
These Regulations are made under section 81 of
the Fisheries Act 1968.
3. Principal Regulations
In these Regulations, the Fisheries (Abalone)
Regulations 1996 are called the Principal
Regulations.
4. Amendments to definitions
In regulation 4 of the Principal Regulations—
(a) after the definition of "Act" insert—
' "approved AQIS number" means the
registered establishment number issued
by the Australian Quarantine and
Inspection Service of the
Commonwealth Department of Primary
Industries and Energy;'; and
(b) after the definition of "approved weighing
station" insert—
' "bag" means a bag of a type approved by
the Secretary, which can be sealed by
means of one bin tag;'; and
(c) after the definition of "bin tag" insert—
' "gross weight" means—
(a) in respect of abalone contained in
bins, the total weight of the
abalone, bins, bin lids and any bin
inserts and including any water or
blood contained in the bins;
(b) in respect of abalone contained in
bags, the total weight of the
abalone, bags and any bin inserts
and including any water or blood
contained in the bags;
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"net weight" means—
(a) in respect of whole unshucked
abalone, the weight of the whole
abalone including the viscera,
shell and any marine growth
attached to the shell; and
(b) in respect of shucked abalone,
other than abalone in cans, the
weight of the abalone meat not
including any brine or other fluid;
and
(c) in respect of abalone in cans, the
drained weight of the abalone
meat in the can;'; and
(d) after the definition of "stock record book"
insert—
' "tare weight" means the weight—
(a) of all bins, bin lids and bin inserts;
or
(b) of all bags and bin inserts—
not including any abalone contained in
the bins or bags;'.
5. Size limits for abalone taken by abalone licence
holders from Port Phillip Bay
Before regulation 9(2) of the Principal
Regulations insert—
"(1A) The waters westward of a straight line from
the shoreward end of St Leonard's jetty to the
shoreward end of the Portsea jetty are
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excluded from the waters of Port Phillip Bay
in relation to abalone which may be taken by
the holder of an abalone licence.".
6. Amendments to conditions, limitations and
restrictions of abalone licence
(1) In regulation 17(1)(h) of the Principal
Regulations, after "a bin" insert "or bag".
(2) In regulation 17(1) of the Principal Regulations,
for paragraph (j) substitute—
"(j) must ensure that all abalone taken by him or
her are placed—
(i) in bins and that each bin is covered and
sealed with a bin lid by means of 1 or 2
bin tags affixed to both the bin and the
bin lid in such a manner that the bin lid
cannot be removed from the bin or that
abalone cannot be put into or removed
from the bin (other than in accordance
with these Regulations); or
(ii) into bags and sealed by means of 1 bin
tag affixed in such a manner that
abalone cannot be removed from or put
into the bag (other than in accordance
with these Regulations); and".
(3) For regulation 17(1)(k) of the Principal
Regulations substitute—
"(k) after sealing—
(i) a bin of abalone with a bin lid and a bin
tag or tags; or
(ii) a bag of abalone with a bin tag—
must not remove, damage or break the bin
tag or remove abalone from or add abalone
to the bin or bag; and".
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(4) In regulation 17(1)(l) of the Principal
Regulations—
(a) for "30" substitute "60"; and
(b) in sub-paragraph (i)(A), after "all bins"
insert "or bags"; and
(c) in sub-paragraph (i)(B), for "including bin
lids and bin inserts" substitute "or bags";
and
(d) for sub-paragraph (ii) substitute—
"(ii) must place the duplicate and triplicate
copies of the abalone docket into a
waterproof envelope approved or
provided by the Secretary, seal the
envelope and affix it to the bin or bag
to which is attached the highest
numbered bin tag; and".
(5) In regulation 17(1)(m) of the Principal
Regulations—
(a) for "transferred or delivered to a person"
substitute "first processed"; and
(b) for paragraph (vii) substitute—
"(vii) return the duplicate and triplicate
copies of the abalone docket to the
waterproof envelope on the bin or bag
that those copies were taken from;
and".
(6) In regulation 17(1)(n) of the Principal
Regulations, for "transferred or delivered to a
person" substitute "first processed".
(7) In regulation 17(1)(p) of the Principal
Regulations—
(a) for "transferred or delivered to a person"
substitute "to be first processed"; and
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(b) in sub-paragraph (i), for "the person is"
substitute "the abalone are transferred or
delivered only to".
7. Amendments in relation to authority issued by
Secretary
(1) For regulation 17(2) of the Principal Regulations
substitute—
"(2) Sub-regulation (1) does not apply to a person
who is acting in accordance with a written
authority of the Secretary issued under
regulation 18A, to the extent specified in the
authority.".
(2) Regulations 17(3), (4) and (5) of the Principal
Regulations are revoked.
8. Amendments to conditions, limitations and
restrictions of abalone licence
In regulation 18(1)(d) of the Principal
Regulations, for "72 hours" substitute "7 days".
9. Insertion of regulation 18A
After regulation 18 of the Principal Regulations
insert—
"18A. Secretary may issue authority for
exemption from regulation 17 or 18
(1) The Secretary may, in writing, authorise a
person who is the holder of an abalone
processor's licence to undertake activities
which would otherwise contravene
regulation 17 or 18.
(2) In issuing an authority, the Secretary must
specify—
(a) the provision of the relevant regulation
to which the authority applies; and
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(b) the circumstances in which the
authority applies; and
(c) the period during which the authority
applies; and
(d) the place at which the authority applies.
(3) In issuing an authority, the Secretary may
impose conditions relating to the taking,
landing, weighing, reporting or transporting
of abalone.".
10. Amendments to conditions, limitations and
restrictions of abalone processor's licence
(1) In regulation 20(1)(c) of the Principal
Regulations, after "all bins" insert "or bags".
(2) In regulation 20(1)(d) of the Principal
Regulations—
(a) after "bin tag" insert ", or a bag of abalone is
not sealed with a completely intact bin tag";
and
(b) in sub-paragraph (ii), after "to any bin"
insert "or bag".
(3) In regulation 20(1)(g) of the Principal
Regulations, after "to, any bin" insert "or bag".
(4) In regulation 20(1)(h) of the Principal
Regulations, after "the bin" insert "or bag".
(5) For regulation 20(2) of the Principal Regulations
substitute—
"(2) Sub-regulation (1) does not apply to a person
acting in accordance with a written authority
of the Secretary issued under regulation 23A,
to the extent specified in the authority.".
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11. Consequential amendment
For regulation 21(3) of the Principal Regulations
substitute—
"(3) Sub-regulations (1) and (2) do not apply to a
person acting in accordance with a written
authority of the Secretary issued under
regulation 23A, to the extent specified in the
authority.".
12. Amendments to conditions, limitations and
restrictions of abalone processor’s licence
In regulation 22 of the Principal Regulations—
(a) before "The holder" insert "(1)";
(b) for paragraph (a)(i) substitute—
"(i) at the time of the sale or consignment,
issue a receipt or invoice showing, in
respect of all abalone sold or
consigned, all of the details specified in
regulation 29(1) except the name and
address of the person who supplied the
abalone to the seller; and";
(c) in paragraph (a)(iii), before "packaging"
insert "innermost";
(d) at the end of the regulation insert—
"(2) Sub-regulation (1) does not apply to a
person acting in accordance with a
written authority of the Secretary issued
under regulation 23A, to the extent
specified in the authority.".
13. Amendments to conditions, limitations and
restrictions of abalone processor's licence
(1) In regulation 23(1)(n) of the Principal
Regulations, for "72 hours" substitute "7 days".
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(2) In regulations 23(1)(p)(i) and (ii) of the Principal
Regulations, after "abalone transfer certificate,"
insert "an abalone docket,".
(3) After regulation 23(2) of the Principal Regulations
insert—
"(3) Sub-regulation (1) does not apply to a person
acting in accordance with a written authority
of the Secretary issued under regulation 23A,
to the extent specified in the authority.".
14. Insertion of regulation 23A
After regulation 23 of the Principal Regulations
insert—
"23A. Secretary may issue authority for
exemption from regulation 20, 21, 22 or 23
(1) The Secretary may, in writing, authorise a
person who is the holder of an abalone
processor's licence to undertake activities
which would otherwise contravene
regulation 20, 21, 22 or 23.
(2) In issuing an authority, the Secretary must
specify—
(a) the provision of the relevant regulation
to which the authority applies; and
(b) the circumstances in which the
authority applies; and
(c) the period during which the authority
applies; and
(d) the place at which the authority applies.
(3) In issuing an authority, the Secretary may
impose conditions relating to the receiving,
transporting, weighing, sale, consignment,
reporting, storage or processing of abalone.".
15. Consequential amendment
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For regulation 25(3) of the Principal Regulations
substitute—
"(3) Sub-regulations (1) and (2) do not apply to a
person acting in accordance with a written
authority of the Secretary issued under
regulation 27A, to the extent specified in the
authority.".
16. Amendments to conditions, limitations and
restrictions of abalone storer's licence
In regulation 26 of the Principal Regulations—
(a) before "The holder" insert "(1)";
(b) at the end of the regulation insert—
"(2) Sub-regulation (1) does not apply to a
person acting in accordance with a
written authority of the Secretary issued
under regulation 27A, to the extent
specified in the authority.".
17. Amendments to conditions, limitations and
restrictions of abalone storer's licence
(1) In regulation 27(1)(n) of the Principal
Regulations, for "72 hours" substitute "7 days".
(2) After regulation 27(2) of the Principal Regulations
insert—
"(3) Sub-regulation (1) does not apply to a person
acting in accordance with a written authority
of the Secretary issued under regulation 27A,
to the extent specified in the authority.".
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18. Insertion of regulation 27A
After regulation 27 of the Principal Regulations
insert—
"27A. Secretary may issue authority for
exemption from regulation 25, 26, or 27
(1) The Secretary may, in writing, authorise a
person who is the holder of an abalone
storer's licence to undertake activities which
would otherwise contravene regulation 25,
26 or 27.
(2) In issuing an authority, the Secretary must
specify—
(a) the provision of the relevant regulation
to which the authority applies; and
(b) the circumstances in which the
authority applies; and
(c) the period during which the authority
applies; and
(d) the place at which the authority applies.
(3) In issuing an authority, the Secretary may
impose conditions relating to the receiving,
weighing, consignment, reporting or storage
of abalone.".
19. Offence to sell abalone without receipt or invoice
showing prescribed details
In regulation 29(1) of the Principal Regulations—
(a) after "receipt" (wherever occurring) insert
"or invoice"; and
(b) for paragraph (a) substitute—
"(a) his or her name; and"; and
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(c) for paragraphs (g) and (h) substitute—
"(g) the name and address of the person who
processed the abalone or the trader
identification number or approved
AQIS number of the place where the
abalone was processed.".
20. Transport of abalone from licensed diver interstate
For regulation 30(a) of the Principal Regulations
substitute—
"(a) contained in—
(i) bins that are each sealed with a bin lid
in such a manner that the bin lid cannot
be removed or abalone removed from,
or added to, the bin while the bin lid
and bin tag are still attached and
without breaking the bin tag; or
(ii) a bag that is sealed with a bin tag in
such a manner that abalone cannot be
removed from or added to the bag
without breaking the bin tag; and".
21. Revocation of regulation 32(5)
Regulation 32(5) of the Principal Regulations is
revoked.
22. Amendments to abalone docket
In Schedule 2 to the Principal Regulations—
(a) in Part B—
(i) for "bins of abalone landed" substitute
"bins or bags of abalone landed"; and
(ii) for "(in kilograms) of bins (including
bins lids and bin inserts)" substitute
"(in kilograms) of bins or bags"; and
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(iii) for "enter number of bins" substitute
"enter number of bins or bags"; and
(iv) for "affixed to bins of abalone landed"
substitute "affixed to bins or bags of
abalone landed"; and
(b) in Part C omit "of abalone" (wherever
occurring); and
(c) in Part D omit "of unshucked abalone".
23. Amendments to Schedule 4
In Schedule 4 to the Principal Regulations, for
Table 4 substitute—
TABLE 1
Column 1 Column 2 Column 3
A total of 5 kilograms of
abalone, but not
exceeding the individual
limit specified in column
2 in respect of abalone in
the form specified in
column 3
1 kilogram Dried abalone
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NOTES
1 S.R. No. 26/1996.
Notes
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