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FISHERIES REGULATION 2008 No. 83 - SECT 579

579 Additional requirements for unloading spanish mackerel if prior notice given

(1) This section applies if a prior notice given by or for an SM unit holder stated that spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.

(2) A prescribed person must not unload, or allow to be unloaded, the spanish mackerel unless section 572 has been complied with.

(3) Also, a prescribed person may unload the spanish mackerel, or allow the spanish mackerel to be unloaded, only if--

(a) the spanish mackerel is unloaded after the landing period mentioned in the prior notice has ended; and
(b) for spanish mackerel being unloaded from, or using, a tender boat--the tender boat is attached to, or is within, 200m of its primary boat; and
(c) the spanish mackerel is unloaded at 1 of the following places that is open for entry, under the Act, by an inspector--
(i) the landing place mentioned in the notice;
(ii) if the landing place is within a defined port area--another place within the defined port area;
(iii) if the landing place is not within a defined port area--another place within 0.5n miles of the landing place.

(4) However, subsection (3)(a) does not apply if--

(a) an inspector supervises the person unloading the spanish mackerel; or
(b) both of the following apply--
(i) the spanish mackerel are unloaded by moving the boat carrying the spanish mackerel to a place on land;
(ii) until the landing period has ended--
(A) the spanish mackerel are kept on the boat; and
(B) the boat is kept at a place that is within 200m of, and visible to a person at, the landing place.


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