South Australian Numbered Acts South Australian Numbered Acts128—Regulations relating to conservation and management of
aquatic resources, management of fisheries and aquatic reserves and regulation
of fishing
(1) Subject to this
section, the Governor may make regulations for the conservation and management
of the aquatic resources of the State, the management of fisheries and
aquatic reserves and the regulation of fishing.
(2) Without limiting
the generality of subsection (1), the regulations may—
(a) make
provision for the management of a fishery (and without limiting the matters
for which provision may be made)—
(i)
limit the applications for licences or permits in respect
of the fishery to those that may be considered by the Minister to those made
during a specified period or to those made during a specified period after a
call by the Minister for applications or otherwise;
(ii)
prescribe the maximum number of licences or permits that
may be in force in respect of a fishery or that may be granted in relation to
applications made during a specified period or during a specified period after
a call for applications;
(iii)
prescribe qualifications that applicants for licences or
permits in respect of the fishery must possess to be eligible to be granted
the licences or permits and any other matters to which the Minister must have
regard in determining eligibility for licences or permits in respect of the
fishery;
(iv)
prescribe a procedure under which applicants for licences
or permits in respect of the fishery who are eligible to be granted licences
or permits may be selected for the available number of licences or permits;
(v)
provide that no further licences or permits in respect of
the fishery may be granted;
(vi)
provide that only the holder of a licence or permit in
respect of a fishery may be registered as the master of a boat used pursuant
to the licence or permit;
(vii)
prescribe matters of which the Minister must be satisfied
before granting the registration of a boat;
(viii)
prescribe and provide for any security to be given by the
holder of a licence or permit in respect of a fishery for due compliance with
the provisions of this Act;
(ix)
authorise the transfer of licences in respect of the
fishery or a class of licence in respect of the fishery;
(x)
prescribe matters of which the Minister must be satisfied
before consenting to the transfer of a licence in respect of the fishery;
(xi)
prescribe matters that may be the subject of conditions
of licences or permits in respect of the fishery;
(xii)
prescribe a quota system for the fishery and for that
purpose (without limiting the matters which may be provided for)—
(A) require the Minister to fix a
total allowable catch, or total allowable commercial catch, for the fishery,
specify the method by which the total allowable catch, or
total allowable commercial catch, is to be determined and prescribe the
circumstances in which the total allowable catch, or total
allowable commercial catch, may be varied by the Minister during a quota
period;
(B) provide for the allocation of
quota entitlements to holders of licences or permits in respect of the
fishery;
(xiii)
in respect of a miscellaneous fishery provide for
licences or permits of different kinds by empowering the Minister to impose
conditions on the licences or permits limiting the class of fishing activities
that may be engaged in pursuant to the licences or permits, limiting the term
for which a licence or permit may remain in force or imposing any other
limitation or restriction;
(xiv)
empower or require a court convicting the holder of a
licence or permit in respect of the fishery of an offence of contravening or
failing to comply with a condition of the licence or permit to order that the
conditions of the licence or permit be varied by the Minister in the manner
specified in the regulations;
(b) make
provision for the rationalisation or restructuring of a fishery (other than by
way of adjustments in allocations of aquatic resources referred to in
section 58) and for that purpose (without limiting the matters for which
provision may be made)—
(i)
provide a scheme for the acquisition of licences or
entitlements under licences by the Minister and include in the scheme
provision for compulsory acquisition and the payment of compensation to
persons whose licences or entitlements are compulsorily acquired;
(ii)
prescribe the method of calculation of amounts payable
for the acquisition of licences or entitlements or as compensation for their
compulsory acquisition;
(iii)
provide for a process of objection and appeal in relation
to the payment of compensation under the regulations;
(iv)
provide for the imposition of levies for the purpose of
funding the costs of acquiring licences or entitlements;
(c)
identify zones within an area of waters to which an aboriginal
traditional fishing management plan applies—
(i)
to which entry by persons other than Aboriginal persons
is restricted or prohibited;
(ii)
within which fishing activities other than
aboriginal traditional fishing activities are restricted or prohibited;
(d)
require persons who engage in aboriginal traditional fishing activities, or
aboriginal traditional fishing activities of a specified class, to hold a
permit issued by the Minister and regulate the granting and renewal of
permits, and the imposition of conditions on permits;
(e)
require and regulate—
(i)
the application or affixing of a mark or other
distinguishing feature to registered boats and other boats of a prescribed
class;
(ii)
the removal of prescribed marks or other distinguishing
features from boats that have ceased to be registered under this Act and other
boats of a prescribed class;
(f)
prohibit, regulate or restrict the use of registered boats for
recreational fishing;
(g)
require and regulate the application or affixing of marks or other
distinguishing features to devices and equipment used for or in connection
with fishing activities;
(h)
prescribe and regulate the devices and equipment to be installed in or carried
on boats used for fishing activities;
(i)
prohibit, restrict or regulate the carrying or possession
of devices;
(j)
require and provide for the registration of devices;
(k)
prescribe methods for determining the size or weight of fish or other
aquatic resources;
(l)
restrict or regulate the treatment, handling, storage, movement or dealing by
persons engaged in fishing activities of or with fish or other
aquatic resources taken in the course of those fishing activities;
(m)
regulate fishing competitions;
(n)
require persons engaged in fishing activities of a prescribed class to provide
returns relating to those fishing activities and any matters ancillary or
incidental to or connected with those fishing activities and make provision
for the form and lodgment of the returns.
(3) The Governor may
only make regulations relating to aboriginal traditional fishing on the
recommendation of the Minister.
(4) The Minister may
recommend the making of regulations relating to aboriginal traditional fishing
if—
(a) the
Minister is satisfied that the regulations are necessary or desirable for the
purpose of giving effect to an aboriginal traditional fishing management plan
made with a native title group under Part 6 Division 2; and
(b) the
regulations are, in the opinion of the Minister, consistent with the plan and
the indigenous land use agreement under which the plan was made; and
(c) the
Minister has consulted the native title group and given due consideration to
any comments made by the group in relation to the regulations.