South Australian Numbered Regulations

FISHERIES MANAGEMENT (ROCK LOBSTER FISHERIES) (MISCELLANEOUS) AMENDMENT REGULATIONS 2023 (NO 19 OF 2023) - REG 3

3—Insertion of regulation 14A

After regulation 14 insert:

14A—Use of rock lobster pots without escape gaps in Northern Zone

        (1)         The holder of a licence in respect of the Northern Zone Rock Lobster Fishery must not, without the written approval of the Minister, take rock lobster in the Northern Zone using a rock lobster pot that is not fitted with 2 escape gaps that comply with subregulation (4)

.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second offence—$20 000;

            (c)         for a third or subsequent offence—$35 000.

Expiation fee: $500.

        (2)         An approval under subregulation (1)

—

            (a)         may be made subject to such conditions as the Minister thinks fit; and

            (b)         may, at any time, be varied or revoked by the Minister (including by varying or revoking a condition of the approval or imposing a further condition).

        (3)         A person must not contravene a condition of the approval.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second offence—$20 000;

            (c)         for a third or subsequent offence—$35 000.

Expiation fee: $500.

        (4)         Escape gaps must—

            (a)         be as near as practicable to 180° apart; and

            (b)         be kept free of obstructions at all times; and

            (c)         be not less than 5.7 centimetres high and 28 centimetres wide; and

            (d)         be not more than 11 centimetres above the base of the pot at their highest point.