South Australian Current Regulations South Australian Current Regulations10—Registration of devices for non-commercial fishing
(1) This regulation
applies in relation to a mesh net or rock lobster pot to be used by a person
(including the holder of a fishery authority) for non-commercial fishing.
(2) An application for
registration of a device to which this regulation applies must—
(a) be
made in a manner and form approved by the Minister; and
(b) be
completed in accordance with the instructions contained in the form; and
(c) be
accompanied by the documents specified in the application form.
(3) An application for
registration of a mesh net—
(a) in
the case of a mesh net for use in the waters of Lake George—
(i)
cannot be made earlier than 2 months before the
commencement of the registration period during which the registration is to
have effect; and
(ii)
cannot be made at all if the applicant has by a separate
application obtained the registration of another mesh net for use in the
waters of Lake George for the same registration period;
(b) in
any other case—cannot be made except by a person who, immediately before
the commencement of these regulations, had the mesh net registered in the
person's name under the Fisheries Management (General) Regulations 2007 .
(4) An application for
registration of a rock lobster pot—
(a)
cannot be made earlier than 2 months before the commencement of the
registration period during which the registration is to have effect;
(b)
cannot be made at all if the applicant has by a separate application obtained
the registration of another rock lobster pot for the same registration period.
(5) Before registering
a device under this regulation the Minister may require the applicant to
produce the device for examination by a fisheries officer.
(6) The Minister must
refuse to register a device if—
(a) it
is not produced for examination pursuant to a requirement made under
subregulation (5); or
(b) the
applicant could not, on registration of the device, lawfully use it for the
purpose of taking aquatic resources in the waters of the State; or
(c)
registration would result in the number of devices registered in the
applicant's name being in excess of the greatest number of devices that the
applicant may lawfully use, at any 1 time, in the waters of the State.
(7) If the Minister is
satisfied that—
(a) an
application to register a device has been made in accordance with this
regulation; and
(b) the
applicant is a natural person of at least 15 years of age; and
(c) the
device complies with these regulations,
the Minister may register the device in the name of the applicant—
(d) in
the case of a rock lobster pot—
(i)
if the application was made on or before the commencement
of the registration period—for the whole of the registration period;
(ii)
if the application was made after the commencement of the
registration period—for a period commencing on the date of grant of the
application and ending on the expiry of the last day of the
registration period; or
(e) in
the case of a mesh net for use in the waters of Lake George—
(i)
if the application was made on or before the commencement
of the registration period—for the whole of the registration period;
(ii)
if the application was made after the commencement of the
registration period—for a period commencing on the date of grant of the
application and ending on the expiry of the last day of the
registration period; or
(f) in
any other case—for a period not exceeding 3 years.
(8) The Minister must,
on registering a device—
(a)
allot a registered number to the device; and
(b) in
the case of a rock lobster pot—issue to the person in whose name the pot
is registered a tag bearing the registered number; and
(c) in
the case of a mesh net for use in the waters of Lake George—issue to the
person in whose name the net is registered a tag bearing the registered
number.
(9) If the Minister is
satisfied that a tag issued in respect of a rock lobster pot, or a mesh net
for use in the waters of Lake George, registered under this regulation has
been lost, stolen, damaged or destroyed, the Minister must, on application
made in a manner and form approved by the Minister and payment of the
prescribed fee, issue a replacement tag.
(10) In this
regulation—
"registration period"—
(a) in
relation to a rock lobster pot—means a period of 8 months
commencing on 1 October in any year;
(b) in
relation to a mesh net for use in the waters of Lake George—means a
period of 12 months commencing on 1 July in any year.