Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006
S.R. No. 140/2006
table of provisions
RegulationPage
RegulationPage
1.Objective
2.Authorising provision
3.Principal Regulations
4.Amendments to Schedule 2
═══════════════
ENDNOTES
1
S.R. No. 140/2006
Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006
statutory rules 2006
S.R. No. 140/2006
1
S.R. No. 140/2006
Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006
Conservation, Forests and Lands Act 1987
1
S.R. No. 140/2006
Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006
Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006
1
S.R. No. 140/2006
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)toprescribe further offences against a relevant lawfor 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.
3.Principal Regulations
r. 3
In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] 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 accurately5B / 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 comply with a licence condition imposed by regulation 301(2)(b) of the Fisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to notify the Secretary within 28days of any change to his or her residential address or postal address or, in the case of a corporation, the registered office address
r. 4
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 times5D / 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 regulation 302(2)(a) of the Fisheries Regulations 1998 / 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
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 return5F / 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 Regulations 1998 / 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 3years
r. 4
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 arenot 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
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 400kilograms 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
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 theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, use more than 6fishing lines5L / 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 3hooks attached to each line
r. 4
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 2gummy shark and school shark5N / 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 2gummy shark and school shark
r. 4
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 8wrasse on any one day5P / 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 2banded morwong on any one day
r. 4
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 1July to 31December in each year and 1January to30June in each year and forward the original return to the Secretary within 30days 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".
r. 4
(4)In Schedule 2 to the Principal Regulations, after item 16 insert—
"16A / 6927 / An offence under section 67(3) ofthe 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
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 FisheriesAct 1995 constituted
by a contravention of regulation 507(1)(e) ofthe 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 1995to the extent that the person uses equipment in accordance with the Act and the Fisheries Regulations 1998
r. 4
20B / 6929 / An offence under section 114(3) ofthe Fisheries Act 1995 constituted
by a contravention of regulation 507(1)(t) of the Fisheries Regulations 1998 / 3 penalty units / use any equipment other than an abalone tool to take abalone, except as a holder of a licence or permit issued under the Fisheries Act 1995to 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 section118A of the Fisheries Act 1995
r. 4
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 Regulations 1998, except in accordance with section 118B(3) of the Fisheries Act 199520E / 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
r. 4
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; 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 document20H / 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
r. 4
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 199520J / 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
r. 4
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 3years after the date on which the document was created orreceived (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".
r. 4
(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—
r. 4
"65A / 6942 / An offence under regulation 533(5)(a)of the Fisheries Regulations 1998 / 2 penalty units / use a spear gun in inland waters other than in accordance with regulation 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 GippslandLakes, LakeTyers, Mallacoota Inlet, Shallow Inlet, Tamboon Inlet, Wingan Inlet or Curdies Inlet, other than in accordance with regulation 533(7) of the Fisheries Regulations 1998
r. 4
65C / 6944 / An offence under regulation 533(5)(c) of the Fisheries Regulations 1998 / 2 penalty units / use a speargun within 30metres 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 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) ofthe 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 30metres 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.
r. 4
(12)In Schedule 2 to the Principal Regulations, in column 4 of item 76 for "1·5" substitute "3".
(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 abaloneexcept 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
═══════════════
1
S.R. No. 140/2006
Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2006
ENDNOTES
Endnotes
1
[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.Nos48/2005 and 172/2005.