Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:2
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 2
Character Range: 113092–115527

2                                                                                Shoalwater Bay Species Conservation (Dugong Protection) SMA                                                                   use any net, other than a cast net.

Note: Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).
 (3) Further, a person must not use the Shoalwater Bay Species Conservation (Dugong Protection) SMA to carry out netting or bait netting (within the ordinary meaning of those expressions) if the person possesses, while in the SMA, a net other than a cast net (unless the net is stowed or secured on a vessel).

Exception ‑ set mesh nets in rivers or creeks
 (3A) Despite subsection (2), a person may use the Species Conservation (Dugong Protection) SMAs listed in paragraphs (g) to (n) in column 1 of item 1 of the table in subsection (2) to carry out the netting or bait netting if all of the following apply:
 (a) the netting or bait netting is in a river or creek;
 (b) the person uses no more than 3 set mesh nets;
 (c) each net is no longer than 120 metres;
 (d) each net has a mesh size of at least 150 millimetres but no more than 215 millimetres;
 (e) each net has no more than 50 rows of mesh between the top and bottom of the net;
 (f) the combined lengths of the nets is no more than 360 metres;
 (g) the nets are no more than 800 metres apart;
 (h) the distance between the first and last net is no more than 1 nautical mile;
 (i) any person using the nets is:
 (i) between the first and the last net; and
 (ii) no more than 800 metres from any of the nets.

Exceptions ‑ permissions
 (3B) Subsections (2) and (3) do not apply if a person carries out the netting or bait netting under a permission.

No netting (other than bait netting)—clause 3 of Schedule 5
 (4) The area described in clause 3 of Schedule 5 must not be used to carry out netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument).
Note 1: For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.
Note 2: See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.