10
CurrentFisheries Management (Marine Scalefish Fishery) Regulations 2017
Schedule 1Demerit point offences and demerit points
Part 2Offences against regulations
10 Fisheries Management (Marine Scalefish Fishery) Regulations 2017
| Regulation | Description of offence | Demerit points |
| 11 | Registered master other than licence holder engaging in certain fishing activities— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 16(5) | Licence holder taking blue crab in certain waters while unit entitlement is below prescribed number— | |
| (a) first offence | 45 | |
| (b) second offence | 60 | |
| (c) third or subsequent offence | 75 | |
| 18(1) | Licence holder taking vongole other than for purpose of bait to be used under licence, or taking vongole on 1 day for such purpose in excess of daily limit fixed by condition of licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(2) | Licence holder taking pipi for commercial purpose without quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(3) | Licence holder without pipi quota entitlement taking pipi other than for purpose of bait to be used under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(4) | Licence holder taking cockles in any 1 day in excess of daily limit fixed by condition of licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(5) | Licence holder taking blue crab for commercial purpose without quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(6) | Licence holder taking sardines other than for purpose of bait to be used under licence, or taking sardines on 1 day for such purpose in excess of daily limit fixed by condition of licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(7) | Licence holder taking King George whiting for commercial purpose without quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(8) | Licence holder taking snapper for commercial purpose without quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(9) | Licence holder taking southern calamari for commercial purpose without quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 18(10) | Licence holder taking southern garfish for commercial purpose without quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 19 | Licence holder using or causing etc use of more than 6 cockle rakes at any 1 time for purpose of taking pipi under eligible licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 20 | Licence holder failing to ensure pipi taken under licence subject to pipi quota entitlement is landed within State— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 21 | Licence holder taking aquatic resources other than sand crabs using sand crab pot (Marine Scalefish Fishery)— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 24(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of King George whiting under licence subject to King George whiting quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 25(2) | Failing to comply with Minister's determination by failing to notify Department of certain information before fishing activities involving taking of pipi under licence subject to pipi quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 25A(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of snapper under licence subject to snapper quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 25B(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of southern calamari under licence subject to southern calamari quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 25C(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of southern garfish under licence subject to southern garfish quota entitlement— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 27(2) | Causing or permitting agents to be engaged in fishing activities on shore when licence holder or registered master is not also so engaged etc at the same time— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 27(3) | Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 27(4) | Causing or permitting more than prescribed number of agents to be engaged in taking pipi on shore at the same time— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 28(2) | Causing or permitting agents to be engaged in taking pipi in the Lakes and Coorong on shore when licence holder or nominated agent is not also so engaged etc at the same time— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 28(3) | Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 28(4) | Causing or permitting more than prescribed number of agents to be engaged in taking Pipi on shore at the same time— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 28(8) | Contravening or failing to comply with condition of approval of nominated agent— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 29(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of King George whiting taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of King George whiting taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 29(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 30(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of pipi taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of pipi taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 30(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 31(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of blue crab taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of blue crab taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 31(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 32(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of snapper taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of snapper taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 32(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| 32A(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of southern calamari taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of southern calamari taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 32A(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 32B(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of southern garfish taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of southern garfish taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 32B(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 33(1) | Licence holder failing to ensure all King George whiting taken under licence subject to King George whiting quota entitlement are delivered or consigned to registered fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 33(2) | Licence holder failing to ensure all pipi taken under licence subject to pipi quota entitlement are delivered or consigned to registered fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 33(3) | Licence holder failing to ensure all snapper taken under licence subject to snapper quota entitlement are delivered or consigned to registered fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 33(4) | Licence holder failing to ensure all southern calamari taken under licence subject to southern calamari quota entitlement are delivered or consigned to registered fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 33(5) | Licence holder failing to ensure all southern garfish taken under licence subject to southern garfish quota entitlement are delivered or consigned to registered fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 35(1) | Failing to provide return to Department as determined by Minister— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 35(2) | Failing to keep copy of return provided to Department as determined by Minister— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 36 | Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 |
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.