Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement)

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

S.R. No. 14/2009

table of provisions

RegulationPage

RegulationPage

1Objective

2Commencement

3Authorising provision

4Principal Regulations

5Offences

6New regulations 7 and 8 inserted

7Prescribed fisheries offences

8Savings and Transitionals—Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

7Revocation of fisheries offences in Schedule 2

8New Schedule 3 inserted for fisheries offences

SCHEDULE 3—Offences against the Fisheries Act 1995 and the Fisheries Regulations 2009

9New items inserted in Schedule 3 from 1 April 2009

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ENDNOTES

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S.R. No. 14/2009

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

statutory rules 2009

S.R. No. 14/2009

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S.R. No. 14/2009

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

Conservation, Forests and Lands Act 1987

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S.R. No. 14/2009

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

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S.R. No. 14/2009

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 24 February 2009

Responsible Minister:

JOE HELPER

Minister for Agriculture

ryan Heath

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a)to revoke items from Schedule 2 which relate to offences against the Fisheries Regulations 1998 and the Fisheries Act 1995;

(b)to insert a new Schedule of offences against the Fisheries Regulations 2009 and the Fisheries Act 1995 for which an infringement notice may be served;

(c)to prescribe penalties for those prescribed offences;

(d)to make other amendments.

2Commencement

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(1)These Regulations, except regulation 9, come into operation on 2 March 2009.

(2)Regulation 9 comes into operation on 1 April 2009.

3Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

4Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.

5Offences

(1)For the heading to regulation 6 of the Principal Regulations, substitute—

"Prescribed offences other than fisheries offences".

(2)In regulation 6(1) of the Principal Regulations, after "prescribed offences" insert "other than offences against the Fisheries Act 1985 or the Fisheries Regulations 2009".

(3)In regulation 6(2) of the Principal Regulations, after "prescribed offences" insert "referred to in subregulation (1)".

6New regulations 7 and 8 inserted

After regulation 6 of the Principal Regulations, insert—

"7Prescribed fisheries offences

(1)For the purposes of section 91(1) of the Act, the prescribed offences against the Fisheries Act 1985 and the Fisheries Regulations 2009 are the offences set out in Column 3 of Schedule 3.

(2)For the purposes of section 91(3) of the Act, the penalty prescribed for a prescribed offence referred to in subregulation (1) is the amount set out in Column 4 of Schedule 3 opposite that prescribed offence.

(3)A summary of an offence in Column 5 of Schedule 3 is not to be taken to affect—

(a)the nature or elements of the offence to which the summary refers; or

(b)the operation of these Regulations.

(4)In Column 5 of Schedule 3—

(a)a reference to a regulation is a reference to a regulation of the Fisheries Regulations 2009[2]; and

(b)a reference to a section is a reference to a section of the Fisheries Act 1995.

8Savings and Transitionals—Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

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Without limiting the operation of sections 28 and 30 of the Interpretation of Legislation Act 1984, if—

(a)an offence set out in an item of Schedule 2 as in force immediately before the commencement of the Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009 (has been committed before the commencement; and

(b)the item has been revoked by those Regulations and has not been re enacted in Schedule 3—

the offence is taken to be a prescribed offence for the purposes of section 91 of the Act and an infringement notice may be issued in relation to the offence as if that item had not been revoked.".

7Revocation of fisheries offences in Schedule 2

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In Schedule 2 to the Principal Regulations, items 1–92 are revoked.

8New Schedule 3 inserted for fisheries offences

After Schedule 2 to the Principal Regulations, insert—

"______

SCHEDULE 3

Offences against the Fisheries Act 1995 and the Fisheries Regulations 2009

In this Schedule—

abalone aquaculture licence means an Aquaculture (Crown Land—Abalone) Licence and an Aquaculture (On-shore Abalone) Licence;

AFAL means abalone fishery access licence;

AL means access licence;

AQL means aquaculture licence;

BGFAL means Bait (General) Fishery Access Licence;

CFL means commercial fishery licence;

CIFAL means Corner Inlet Fishery Access Licence;

EFAL means Eel Fishery Access Licence;

FRAL means Fish Receivers' (Abalone) Licence;

FRSL means Fish Receivers' (Scallop) Licence;

GCFWZAL means Giant Crab Fishery (Western Zone) Access Licence;

GLBFAL means Gippsland Lakes (Bait) Fishery Access Licence;

GLFAL means Gippsland Lakes Fishery Access Licence;

GLMDFAL means Gippsland Lakes (Mussel Dive) Fishery Access Licence;

LTBFAL means Lake Tyers (Bait) Fishery Access Licence;

MLLBFAL means Mallacoota Lower Lake (Bait) Fishery Access Licence;

OFAL means Ocean Fishery Access Licence;

PPB means Port Phillip Bay;

PPBMBFAL means Port Phillip Bay (Mussel Bait) Fishery Access Licence;

RLFAL means rock lobster fishery access licence;

SIBFAL means Sydenham Inlet (Bait) Fishery Access Licence;

SOFAL means Scallop (Ocean) Fishery Access Licence;

SRBFAL means Snowy River (Bait) Fishery Access Licence;

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the Act means the Fisheries Act 1995;

the Regulations means the Fisheries Regulations 2009;

TIFAL means Trawl (Inshore) Fishery Access Licence;

WOFAL means Wrasse (Ocean) Fishery Access Licence;

WP/PPBFAL means Western Port/Port Phillip Bay Fishery Access Licence.

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