Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998

1: Short Title and commencement
1: This Act may be cited as the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998.
2: This Act comes into force on 1 April 1998.
1: Amendments to
Fisheries Act 1996
2: Part to be part of
Fisheries Act 1996 This Part is part of the Fisheries Act 1996 the principal Act
3: Interpretation
1: This subsection inserted the definitions of the terms Dredge oyster Foveaux Strait dredge oyster Foveaux Strait dredge oyster fishery s 2(1)
2: This subsection amended the definition of the term Quota weight equivalent s 2(1)
4: Aggregation limits
This section inserted s 59(6A)
5: Allocation of annual catch entitlement
1: This subsection amended s 67(2)
2: This subsection inserted s 67(2A) (2B)
3: This subsection amended s 67(3) (4)
6: Minimum holdings of annual catch entitlement
1: This subsection amended s 74(1)(b)
2: This subsection inserted s 74(1)(ca)
3:
a:
b: This paragraph amended s 74(2)
4: This subsection amended s 74(3)
5: This subsection amended s 74(6)
6: This subsection amended s 74(8) Subsection (3)(a) repealed 26 May 2001 41 Fisheries (Remedial Issues) Amendment Act 2001
7: Conversion factors
This section inserted s 188(5) (6)
8: Disposal of fish by commercial fishers
This section substituted s 191(2)(b) s 191(2)(ba)
9: Penalties
This section inserted s 252(5)(m)
10: Foveaux Strait dredge oyster fishery subject to quota system
This section inserted s 368A
11: Quota management area defined
This section amended Part 3
12: Schedule 4 This section amended Schedule 4
13: Foveaux Strait dredge oysters subject to monthly balancing regime
This section amended Schedule 8
14: Quota allocations
1: This subsection amended Schedule 9
2: This subsection inserted Part 5
2: Amendments to
Fisheries Act 1983
15: Part to be part of
Fisheries Act 1983 This Part is part of the Fisheries Act 1983
16: Interpretation
This section inserted definitions of the terms Dredge oyster Foveaux Strait dredge oyster Foveaux Strait dredge oyster fishery s 2(1) Fisheries Act 1983
17: Conversion factors
This section inserted s 3A(6) (7) Fisheries Act 1983
18: Registers, transfers, and leases of quota
This section amended ss 28P(1)(c)(ii) 28P(1)(d)(ii) 28Q(10)(a) 28Q(10)(b) 28R(2)(b) Fisheries Act 1983
19: Minimum holdings of quota and interests in quota
1: This subsection amended s 28S(1)(b) Fisheries Act 1983
2: This subsection inserted s 28S(1)(ba) Fisheries Act 1983
3: This subsection amended s 28S(9) Fisheries Act 1983
4: This subsection inserted s 28S(11)(ba) Fisheries Act 1983
5: This subsection amended s 28S(11) Fisheries Act 1983
6: This subsection amended s 28S(12) Fisheries Act 1983
7: This subsection amended s 28S(15) Fisheries Act 1983
20: Foveaux Strait dredge oysters excluded from under and overfishing provisions
This section amended s 28V(11) Fisheries Act 1983
21: Restriction on amount of quota that may be held by any one person
This section inserted s 28W(10) Fisheries Act 1983
22: Wharf sales, etc
This section substituted s 67(2)(b) s 67(2)(ba) Fisheries Act 1983
23: Schedule 1A This section amended Schedule 1A Fisheries Act 1983
24: Oyster numbers to be entered on returns, etc, as if kilogrammes
1: The purpose of this section is to provide for the reporting and recording of quantities of Foveaux Strait dredge oysters to be in oyster numbers and not weights, notwithstanding that standard reporting and recording forms, computer programmes, and other documents used across the fishing industry contain references to weight only and not to fish numbers, until such time as—
a: Part 4 Fisheries Act 1996
b: The relevant registers, forms, computer programmes, or other documents are earlier adapted to specifically provide for the reporting and recording of oyster quantities by reference to numbers and not weights, or the chief executive and the particular person concerned earlier agree on an alternative method of reporting or recording oyster quantities.
2: Where any record, return, or other document prescribed or required or contemplated by the Fisheries Act 1983 Fisheries Act 1996
a: Contains provision for the reporting or recording of fish by reference to weight in kilogrammes; and
b: Does not make specific provision for the reporting or recording of oysters by reference to the number of oysters,— then, in relation to Foveaux Strait dredge oysters, that return, record, or other document is to be read and completed as if the reference to weight were a reference to oyster numbers.
3: Unless in any case the context clearly otherwise requires, any figure entered on or after 1 April 1998 in relation to a quantity of Foveaux Strait dredge oysters in—
a: Any register kept under section 28P Fisheries Act 1983
b: Any form of transfer or lease of quota required by section 28R Fisheries Act 1983 may be entered as, and is to be read as referring to, oyster numbers and not weight, notwithstanding that the relevant part of the register (including any computer printout) or form contains a reference to weight only.
4: The chief executive must, as soon as practicable in the circumstances of each case, give individual notification of the effect of this section to—
a: Every fisher of quota in the Foveaux Strait dredge oyster fishery:
b: Every licensed fish receiver who deals with Foveaux Strait dredge oysters:
c: Any other person required to make records or returns under the Fisheries Act 1983 Fisheries Act 1996
5: This section ceases to apply—
a: On and from the date that Part 4 Fisheries Act 1996
b: In relation to any particular return, record, register, or other document, on and from such earlier date as—
i: The return, record, register, or other document is adapted to specifically provide for the reporting and recording of oyster quantities by reference to numbers and not weights; or
ii: The chief executive and the person concerned agree on any alternative method of reporting or recording oyster quantities.
3: Amendments to Fisheries Regulations
25: Fisheries (Reporting) Regulations 1990
a: This paragraph amended reg 19(1)(i) of the Fisheries (Reporting) Regulations 1990 (SR 1990/214)
b: This subsection inserted reg 19(1)(iii) of the Fisheries (Reporting) Regulations 1990 (SR 1990/214)
26: Fisheries (Recordkeeping) Regulations 1990
1: This subsection inserted reg 2A Fisheries (Recordkeeping) Regulations 1990
2: This subsection inserted reg 19(2) Fisheries (Recordkeeping) Regulations 1990
27: Fisheries (Cost Recovery Levies) Order 1997
a: This paragraph amended clause 3(1) of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)
b: This paragraph amended clause 5(1) of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)
c: This paragraph amended in Part A of the Schedule of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)
d: This paragraph amended Part C of the Schedule of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)
28: Fisheries (Licensed Fish Receivers) Regulations 1997 This section inserted reg 13(6) Fisheries (Licensed Fish Receivers) Regulations 1997
29: Amendments made by
sections 25 to 28 The regulations and order amended by sections 25 to 28