Western Australian Current Regulations

PEARLING (GENERAL) REGULATIONS 1991 - REG 36

36 .         When dumping of pearl oysters subjected to seeding operations permissible on holding sites

        (1)         Subject to subregulation (2), a person shall not dump or attempt to dump, or permit or suffer his or her agent, employee or subordinate to dump or attempt to dump, pearl oysters which have been subjected to pearl seeding operations on a holding site unless —

            (a)         the holding site is marked by a master buoy consisting of a surface float —

                  (i)         which has a diameter of 75 cm or more; and

                  (ii)         which is branded with a number identifying that surface float preceded by an approved abbreviated reference to the licensee or permit holder using the holding site; and

                  (iii)         which has attached to it an aluminium radar reflector with a surface area of not less than 1.5 m ² ;

                and

            (aa)         where an inspector has required that the holding site be marked and lit so as to indicate its location to any vessels that may be in the area, the holding site is marked and lit in an approved manner; and

            (b)         those pearl oysters are dumped in designated containers; and

            (c)         all designated containers referred to in paragraph (b) are when dumped attached to a long‑line which has surface floats 15 cm in diameter attached to each end of the long‑line; and

            (d)         the 2 surface floats referred to in paragraph (c) are branded with the same identifying number, which number is different from the identifying number with which the surface floats attached to any other long‑line on the holding site are branded; and

            (e)         all long‑lines on the holding site are within a radius of 200 m of the surface float referred to in paragraph (a) or of a surface float —

                  (i)         which has a surface diameter of 75 cm or more; and

                  (ii)         which is branded with an approved abbreviated reference to the licensee or permit holder using the holding site;

                and

            (f)         all designated containers attached to a long‑line are capable of holding the number of pearl oysters prescribed by regulation 5 in respect of containers of the type to which those designated containers belong.

        Penalty: $2 000.

        (2)         A person shall not dump or attempt to dump, or permit or suffer his or her agent, employee or subordinate to dump or attempt to dump, in the same dump on a holding site both pearl oysters which have been seeded in pearl seeding operations and pearl oysters which have been subjected to pearl seeding operations but have not been seeded.

        Penalty: $2 000.

        [Regulation 36 amended: Gazette 8 Dec 1998 p. 6570; 17 Dec 1999 p. 6212.]