Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) The Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), unless:
(a) the person is the holder of a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time, that authorises netting to be carried out in the Princess Charlotte Bay specified area; and
(b) in accordance with the licence, netting was carried out in that area:
(i) at any time between 1 January 1996 and 31 December 1999 (inclusive); and
(ii) at any time in 3 or more calendar years between 1 January 1988 and 31 December 1999 (inclusive); and
(c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in that area in the period mentioned in subparagraph (b)(ii).
Evidence required for application
(2) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), in addition to containing the information required by Division 2, must:
(a) be accompanied by evidence of the kind mentioned in subsection (3) showing that the applicant satisfies the conditions in subsection (1); or
(b) for a continuation application--be accompanied by evidence that the primary commercial fishing boat licence is the same licence as existed when the original permission was first given (whether or not that permission was originally given to that person).
(3) For the purposes of paragraph (2)(a), the evidence is:
(a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 (Qld), showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (1)(a); and
(b) a copy of each of the documents specified in subsection (4), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 (Qld)), showing that the applicant had complied with the conditions set out in paragraphs (1)(b) and (c).
(4) For the purposes of paragraph (3)(b), the following documents are specified:
(a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority, or Queensland, through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 (Qld), as in force on 1 July 2004;
(b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 (Qld).
Matters do not limit section 103
(5) The matters mentioned in subsection (1) are additional to the matters that the Authority is required to consider under section 103.