Document ID: chunk:federal_register_of_legislation:F2022L00176:front:0:p2
Version: federal_register_of_legislation:F2022L00176
Segment Type: other
Provision Reference: 
Character Range: 2843–5789

to breathe underwater where the air is supplied from either an air compressor or one or more air cylinders above the surface of the water, and includes equipment which may be described as surface supplied breathing equipment or surface supplied breathing apparatus.
PZJA Arrangement means the document titled "Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984" dated 17 March 1999 and published on the Federal Register of Legislation, as that document exists at the commencement of this instrument.
            Note:  The PZJA Arrangement could be viewed on the website of the Federal Register of Legislation on 20 October 2021 at: https://www.legislation.gov.au/Details/F2008B00750.
Regulations means the Torres Strait Fisheries Regulations 1985.
underwater breathing apparatus includes hookah gear and self-contained underwater breathing apparatus (known as SCUBA).

  5        Schedules
  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

  6        Prohibition on taking, processing or carrying bêche-de-mer
(1)     The taking, processing or carrying of bêche-de-mer in the area of the bêche-de-mer fishery is prohibited.
Note:  This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to the application of the PZJA Arrangement.
       (2)    A person is exempt from the prohibition in subsection (1) where:
           (a)    the person is a bêche-de-mer licenced person; or
           (b)    the person takes or carries bêche-de-mer without the use of a boat – the number of bêche-de-mer in that person's possession does not exceed three; or
           (c)    the person takes or carries bêche-de-mer with the use of a boat, or by diving from a boat, and no other person is in the boat – the number of bêche-de-mer in the boat does not exceed three; or
           (d)    the person takes or carries bêche-de-mer with the use of a boat, or by diving from a boat, and there is at least one other person in the boat – the number of bêche-de-mer in the boat does not exceed six.

  7        Prohibition on taking, processing or carrying of undersize bêche-de-mer
       The taking, processing or carrying of bêche-de-mer of a species listed in an item in column 1 of the table is prohibited where, in their original living form at their longest point, the length of bêche-de-mer is shorter in length than the minimum length specified in column 2 of the table.
Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.

Item  Column 1                                       Column 2

      Species of bêche-de-mer                        Minimum length (centimetres)