(1) In these
regulations, unless the contrary intention appears—
"Act" means the Fisheries Management Act 2007 ;
"bait net" has the same meaning as in the Fisheries Management (General)
Regulations 2017 ;
"cockle" means any mollusc of—
(a) the
order Veneroida (other than Pipi ( Donax spp) or Vongole ( Katelysia
spp)); or
(b) the
genus Anadara;
"Corporations Act" means the Corporations Act 2001 of the Commonwealth;
"current company extract" means a document prepared by the Australian
Securities and Investment Commission from its national database kept under the
Corporations Act that contains current details of the following in relation to
a company:
(a) the
company's name;
(b) the
address of the company's registered office;
(c) the
date of registration of the company;
(d) the
State or Territory in which the company is taken to be registered under the
Corporations Act;
(e) the
company's Australian Company Number;
(f)
whether the company is a proprietary company or a public company;
(g) the
full name of each director of the company;
(h) the
full name of each secretary (if any) of the company;
"Department" means the administrative unit of the Public Service responsible
for assisting a Minister in the administration of the Act;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"eligible rock lobster fishery licence" means a licence in respect of the
Northern Zone Rock Lobster Fishery under which the holder may lawfully take
aquatic resources specified in Schedule 1;
"giant crab" means giant crab (Pseudocarcinus gigas );
"King George whiting" means Syllaginodes punctatus ;
"King George whiting fishing zone" has the same meaning as in the
Fisheries Management (Marine Scalefish Fishery) Regulations 2017 ;
"Marine Scalefish Fishery" means the fishery of that name constituted by the
Fisheries Management (Marine Scalefish Fishery) Regulations 2017 ;
"Mean High Water Springs" means the line representing the average of all high
water observations at the time of spring tide over a period of 19 years;
"mesh net" has the same meaning as in the Fisheries Management (General)
Regulations 2017 ;
"Northern Zone" means the waters adjacent to South Australia westerly of a
line commencing at Mean High Water Springs closest to
35°37′03.86″ South, 139°00′00.00″ East, then
southerly to 36°20′00.00″ South,
139°00′00.00″ East, then westerly to
36°20′00.00″ South, 138°40′00.00″ East, then
southerly to 36°40′00.00″ South,
138°40′00.00″ East, then westerly to
36°40′00.00″ South, 138°20′00.00″ East, then
southerly to 37°00′00.00″ South,
138°20′00.00″ East, then westerly to
37°00′00.00″ South, 138°00′00.00″ East;
"Northern Zone Inner Region" means those waters of the Northern Zone
commencing at the intersection of Mean High Water Springs and
133°53′00″ East, then to position
33°42′00″ South, 133°53′00″ East,
then to position 34°44′00″ South,
134°17′00″ East, then to position
35°54′00″ South, 136°23′50″ East,
then to position 36°05′00″ South,
136°30′00″ East, then to position
36°30′00″ South, 137°19′00″ East,
then to position 36°30′00″ South,
138°40′00″ East, then to position
36°20′00″ South, 138°40′00″ East,
then to position 36°20′00″ South,
139°00′00″ East, then north along the meridian of
longitude 139°00′00″ East to the intersection of Mean High
Water Springs, then following Mean High Water Springs in the generally west,
north-westerly direction to the intersection with the point of commencement;
"Northern Zone Outer Region" means the waters of the Northern Zone that are
not within the Northern Zone Inner Region;
"Northern Zone Region" or "Region" means the Northern Zone Inner Region or the
Northern Zone Outer Region;
"prescribed Victorian licence" means a Victorian licence that is held by the
holder of a licence in respect of the Southern Zone Rock Lobster Fishery as a
result of a transfer made before 28 June 1990;
"revoked regulations" means the Fisheries Management (Rock Lobster Fisheries)
Regulations 2006 ;
"rock lobster" means Southern Rock Lobster (Jasus edwardsii );
"rock lobster fishery" means—
(a) the
Northern Zone Rock Lobster Fishery; or
(b) the
Southern Zone Rock Lobster Fishery,
constituted by these regulations;
"rock lobster pot" means a fish trap designed and constructed for the purpose
of taking rock lobster;
"rock lobster pot entitlement" means the maximum number of rock lobster pots
that the holder of a licence in respect of a rock lobster fishery may lawfully
use at any 1 time for the purpose of taking rock lobster under the licence;
"snapper" means Chrysophrys auratus;
"snapper fishing zone" has the same meaning as in the
Fisheries Management (Marine Scalefish Fishery) Regulations 2017 ;
"South Australian licence" means a licence in respect of the Southern Zone
Rock Lobster Fishery;
"South East Fishing Zone" has the same meaning as in the
Fisheries Management (Marine Scalefish Fishery) Regulations 2017 ;
"southern calamari" means Sepioteuthis australis ;
"southern calamari fishing zone" has the same meaning as in the
Fisheries Management (Marine Scalefish Fishery) Regulations 2017 ;
"southern garfish" means Hyporhamphus melanochir ;
"southern garfish fishing zone" has the same meaning as in the
Fisheries Management (Marine Scalefish Fishery) Regulations 2017 ;
"Southern Zone" means the waters adjacent to South Australia easterly of a
line commencing at Mean High Water Springs closest to
35°37′03.86″ South, 139°00′00.00″ East, then
southerly to 36°20′00.00″ South,
139°00′00.00″ East, then westerly to
36°20′00.00″ South, 138°40′00.00″ East, then
southerly to 36°40′00.00″ South,
138°40′00.00″ East, then westerly to
36°40′00.00″ South, 138°20′00.00″ East, then
southerly to 37°00′00.00″ South,
138°20′00.00″ East, then westerly to
37°00′00.00″ South, 138°00′00.00″ East;
"spouse"—a person is the spouse of another if they are legally married;
"Victorian licence" means a licence, permit, authority or other entitlement
that authorises the holder to take aquatic resources for sale from waters of
the State of Victoria that are adjacent to or adjoin the Southern Zone;
"vongole" means any mollusc of the genus Katelysia.
(2) In these
regulations, unless the contrary intention appears,
"company", "director", "proprietary company"
and "public company" have the same respective meanings as in the
Corporations Act.
(3) In these
regulations—
(a) all
lines in spatial descriptions are geodesics based on the
Geocentric Datum of Australia 1994 ("GDA94") as defined in the
Commonwealth of Australia Gazette GN35 of 6 September 1995, and
all coordinates are expressed in terms of GDA94;
(b)
common and scientific fish names are given according to AS5300—2019
Australian Fish Names Standard published by the Fisheries Research &
Development Corporation, as in force from time to time;
(c) a
reference to the "taking of aquatic resources" includes a reference to an act
preparatory to, or involved in, the taking of the aquatic resources.