South Australian Numbered Regulations

FISHERIES MANAGEMENT (SARDINE FISHERY) (QUOTA) AMENDMENT REGULATIONS 2022 (NO 73 OF 2022) - REG 3

3—Amendment of regulation 9—Individual sardine catch quota system

        (1)         Regulation 9(1)—delete subregulation (1) and substitute:

        (1)         In this regulation—

"following quota period", in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which sardines may be taken by the holder of the licence following the first quota period.

        (2)         Regulation 9(3)(b) and (c)—delete paragraphs (b) and (c)

        (3)         Regulation 9(3)(f) to (i)—delete paragraphs (f) to (i) (inclusive) and substitute:

            (f)         if the total catch of sardines taken by the holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement in respect of a particular sardine fishing zone during a quota period (the "first quota period") (being a quota period that commenced on or after 1 January 2022) is less than the sardine quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the sardine quota entitlement in respect of that fishing zone for the following quota period (the "subsequent quota period") by 1 kilogram of sardines for each kilogram by which the catch fell short of the sardine quota entitlement for the first quota period up to—

                  (i)         —

                        (A)         10% of the quota entitlement for the first quota period; or

                        (B)         such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or

                  (ii)         if the Minister is satisfied that exceptional circumstances apply—

                        (A)         a percentage that exceeds 10% of the quota entitlement for the first quota period; or

                        (B)         such other greater kilogram amount of catch,

as is determined by the Minister on or before the commencement of the subsequent quota period;

            (g)         if the total catch of sardines taken by the holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement in respect of a particular sardine fishing zone during a quota period (the "first quota period") (being a quota period that commences on or after 1 January 2023) exceeded the sardine quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the "subsequent quota period ) as follows:

                  (i)         if the catch exceeded the quota entitlement by—

                        (A)         an amount not exceeding 10% of the quota entitlement for the first quota period; or

                        (B)         such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,

by 1 kilogram of sardines for each kilogram taken in excess of the quota entitlement; or

                  (ii)         if the catch exceeded the quota entitlement by—

                        (A)         an amount greater than 10% of the quota entitlement for the first quota period; or

                        (B)         such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,

by 2 kilograms of sardines for each kilogram taken in excess of the quota entitlement.

        (4)         Regulation 9(4)—delete subregulation (4) and substitute:

        (4)         For the purposes of—

            (a)         subregulation (3)(f)(i) and (ii); and

            (b)         subregulation (3)(g)(i) and (ii),

any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(f)(i) or (ii) must be disregarded.

        (4a)         A variation of a quota entitlement or unit entitlement under subregulation (3)(d) must be expressed to apply only for the balance of the quota period during which the variation is made.

        (4b)         A variation of a quota entitlement under subregulation (3)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.

        (4c)         An application under subregulation (3)(e) may not be made in respect of sardine units allocated to the licence under subregulation (3)(f).