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reg 93

Conditions and restrictions

In force
Part 7Licences
Division 2Scientific purposes licences

93 Conditions and restrictions

(1)

A scientific purposes licence may be granted subject to such conditions and restrictions as the CEO thinks fit, including conditions and restrictions as to —

(a)

the marine nature reserves, marine parks and marine management areas in which the holder of the licence may take flora and fauna for scientific purposes; and

(b)

the scientific purposes for which the flora and fauna may be used; and

(c)

the species, and the greatest number of each or any species, that may be taken, held or disposed of; and

(d)

the part or parts of the State in which the flora or fauna may be taken, held or released.

(2)

The CEO is not to impose any restrictions on the taking, in a marine park or marine management area —

(a)

of fish within the meaning of the Fish Resources Management Act 1994, in accordance with the provisions of that Act relating to aquaculture or commercial or recreational fishing; or

(b)

of pearl oyster, within the meaning of the Pearling Act 1990, in accordance with that Act.

(3)

The prohibition in subregulation (2)(a) does not include a restriction that relates to conduct or activity other than the taking of fish but that incidentally affects the taking of fish.

(4)

Where a scientific purposes licence is granted subject to conditions or restrictions, those conditions or restrictions —

(a)

are to be endorsed upon or attached to the licence when granted; and

(b)

may be added to, cancelled, suspended and otherwise varied by the CEO from time to time during the operation of the licence.

(5)

The holder of a scientific purposes licence must not contravene a condition or restriction endorsed upon or attached to the licence.

Penalty: a fine of $1 000.

[Regulation 93 amended: Gazette 4 Oct 2002 p. 5065; 29 Sep 2006 p. 4334; 3 Dec 2010 p. 6052‑4; 19 Sep 2014 p. 3336.]

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