1Citation
These regulations may be cited as the Pearling (General) Regulations 1991.
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Bill homepageThese regulations may be cited as the Pearling (General) Regulations 1991.
These regulations shall come into operation on the day, or the first of the days, as the case requires, fixed under section 2 of the Act.
In these regulations, unless the contrary intention appears —
approved, except in relation to a form, means approved in writing by an inspector;
approved form means a form approved by the CEO;
batch means group of spat —
derived from broodstock brought together for the purpose of spawning; and
all of which were spawned at approximately the same time and form one settlement;
broodstock means pearl oysters which are over 120 mm in length and which are, or are intended to be, used for breeding;
catcher boat means boat used to take, or attempt to take, pearl oysters;
certificate of health has the meaning given in the Fish Resources Management Regulations 1995 regulation 144A;
designated container or panel means container of a type specified in Schedule 1;
dump, when used as —
a noun, means area of Western Australian waters where pearl oysters are held or placed; or
a verb, means place pearl oysters on a dump;
filled, in relation to a designated container, means filled with the number of pearl oysters prescribed by regulation 5 in respect of containers of the particular type to which the designated container belongs;
fleet master means master of a boat nominated in a notice of pearling or hatchery activity to be the fleet master of 2 or more boats using the same dump;
grow out, in relation to pearl oysters, means hold on a nursery site while the pearl oysters grow to the minimum length;
hatchery means building or place where the acclimatization, propagation, hatching, breeding, rearing or raising of pearl oysters is carried on or attempted to be carried on, but does not include a spat collector;
hatchery (nursery) licence or permit means hatchery licence or hatchery permit which is expressed to be for “hatchery options” or “hatchery quota”;
holding site means area of Western Australian waters to which a prohibition or restriction made under section 19 of the Act applies, which prohibition or restriction is expressed to be made for the purposes of this definition;
length, in relation to a pearl oyster, means dorso‑ventral shell length, excluding the fingers;
licensee means holder of a pearling licence or hatchery licence;
minimum length means 120 mm or such other length as is declared by the Minister under subregulation (4);
notice of pearling or hatchery activity means notice of pearling or hatchery activity referred to in regulation 12;
nursery site means area, being all or part of a pearl oyster farm the farm lease for which allows the area to be used for the growing out of spat;
operated pearl oyster dump means dump —
situated within a holding site; and
used solely for the purpose of dumping pearl oysters which have been seeded in pearl seeding operations;
operation boat means boat used for carrying out pearl culture techniques;
pearling (seeding) licence or permit means pearling licence or pearling permit which is expressed to be for “hatchery options” or “hatchery quota”;
pearling (wildstock) licence or permit means a pearling licence or pearling permit under which the holder of the licence is permitted to take wildstock;
permit holder means holder of a pearling permit or a hatchery permit;
place means any land, building, structure (whether permanent or temporary), tent, boat, aircraft or vehicle or any part of any land, building, structure, tent, boat, aircraft or vehicle;
quarantine site means area, being a pearl oyster farm the farm lease for which allows the area to be used for the purpose of quarantining and disease testing pearl oysters;
returned pearl oyster dump means dump —
situated within a holding site; and
used solely for the purpose of dumping pearl oysters which have been subjected to pearl seeding operations but have not been seeded;
seeding means specific pearl culture technique of inserting a nucleus into a pearl oyster;
settlement means transition of pearl oysters from planktonic larvae to benthic spat, during which the pearl oysters attach to a substrate by means of byssi;
spat means pearl oysters at any stage prior to settlement or which, having settled, are less than the minimum length;
spat collector means object or device used to collect, or attempt to collect, spat;
tag means pearl oyster identification tag issued under regulation 24(1);
tagged designated container means designated container to which a valid tag has been affixed;
transport boat means boat used for transporting pearl oysters;
wildstock means pearl oysters, other than broodstock, that are —
taken from the wild; or
acquired in accordance with regulation 44T(2)(a); or
collected from a spat collector located on a pearl oyster farm operated by the person taking them and are more than 80 mm in length; or
collected from any other spat collector and are more than 40 mm in length; or
obtained from a hatchery and are —
more than 12 months old; or
more than 40 mm in length.
For the purposes of these regulations the life of a pearl oyster is taken to commence on the day specified in the notice of settlement of spat form lodged by the licensee or permit holder who operates the hatchery where the pearl oyster was produced as the date of settlement of the batch of spat from which the pearl oyster was produced.
For the purposes of these regulations a pearl oyster is deemed to be over 40 mm in length if it is from a batch of pearl oyster spat the majority of which are, at the time the pearl oyster is taken, over 40 mm in length.
The Minister may from time to time, by notice published in the Gazette, declare that pearl oysters under a length specified in the notice are deemed to be spat.
In a notice under subregulation (4) the Minister may specify different lengths for the purposes of different pearling or hatchery activities.
[Regulation 3 amended: Gazette 17 Dec 1999 p. 6200‑2; 15 Apr 2011 p. 1415; 24 Sep 2013 p. 4386-7.]
The Geocentric Datum of Australia (the GDA) is the prescribed Australian datum for the purposes of section 4(1) of the Act.
The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (GRS80) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —
No. | Name | South Latitude | East Longitude | Ellipsoidal Height |
AU 012 | Alice Springs | 23° 40′ 12.44592″ | 133° 53′ 07.84757″ | 603.358 m |
AU 013 | Karratha | 20° 58′ 53.17004″ | 117° 05′ 49.87255″ | 109.246 m |
AU 014 | Darwin | 12° 50′ 37.35839″ | 131° 07′ 57.84838″ | 125.197 m |
AU 015 | Townsville | 19° 20′ 50.42839″ | 146° 46′ 30.79057″ | 587.077 m |
AU 016 | Hobart | 42° 48′ 16.98506″ | 147° 26′ 19.43548″ | 41.126 m |
AU 017 | Tidbinbilla | 35° 23′ 57.15627″ | 148° 58′ 47.98425″ | 665.440 m |
AU 019 | Ceduna | 31° 52′ 00.01664″ | 133° 48′ 35.37527″ | 144.802 m |
AU 029 | Yaragadee | 29° 02′ 47.61687″ | 115° 20′ 49.10049″ | 241.291 m |
[Regulation 4 inserted: Gazette 19 Aug 2003 p. 3713‑14.]
For the purposes of section 8(4) of the Act, the number of pearl oysters prescribed in respect of a particular type of container referred to in Schedule 1 is a number equal to the total number of compartments, pockets or slots in a container of that type.
An application under section 22 of the Act for the issue or renewal of a lease, licence or permit referred to in the Table is to be accompanied by the application fee set out opposite the lease, licence or permit.
Table
Lease, licence or permit | Application fee ($) |
|---|---|
Farm lease | 2 283 |
Pearling licence or permit | 406 |
Hatchery licence or permit | 406 |
A person requesting the Minister to publish a notice under section 19 of the Act shall pay to the Minister a fee of $1 683.
[Regulation 6 amended: Gazette 30 Jun 1992 p. 2874; 29 Jun 1993 p. 3171; 28 Jun 1994 p. 3014; 22 Dec 1995 p. 6170; 17 Dec 1999 p. 6202; 28 Jun 2002 p. 3068; 7 Oct 2003 p. 4381; 15 Nov 2005 p. 5598; 10 Jul 2007 p. 3417; 15 Apr 2011 p. 1416; 7 Jul 2017 p. 3697; SL 2020/129 r. 4.]
For the purposes of section 26(2)(a) of the Act, the holding by the holder of a pearl diver’s licence of a current certificate from a medical practitioner to the effect that —
the medical practitioner has examined that holder in accordance with Australian Standard 2299 entitled “Underwater air breathing operations”; and
in the opinion of the medical practitioner, that holder is fit to work as a professional diver using a diving apparatus involving the use of compressed air for 12 months from the date of that certificate,
while diving is a requirement prescribed in respect of that holder.
That part of the Australian Standard referred to in subregulation (1)(a) which provides that medical examinations for commercial divers are to be carried out at 6 monthly intervals does not apply in respect of examinations carried out for the purposes of this regulation in accordance with that Australian Standard.
In subregulation (1) —
current certificate means certificate the date of which is not more than 12 months prior to the date of the diving referred to in that subregulation;
medical practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession.
[Regulation 7 amended: Gazette 29 Apr 2011 p. 1523.]
For the purposes of section 27(1)(b) of the Act, the annual fee for a licence referred to in the Table is the fee set out opposite the licence.
Table
Licence | Fee ($) |
|---|---|
Pearl diver’s licence | 80 |
Pearl boat licence | 80 |
Pearl boat master’s licence | 80 |
[Regulation 8 inserted: Gazette 15 Apr 2011 p. 1416.]
A request under section 32 of the Act for the approval of a transfer is to be made to the CEO in an approved form (or, if no form is approved, in writing) with the appropriate fee as set out in the Table to this regulation.
Table
Lease, licence or right being transferred | Fee ($) |
|---|---|
Farm lease or a right conferred by a farm lease ........................................................... | 737 |
Pearling licence or a right conferred by a pearling licence (other than a quota) ......... | 82 |
Hatchery licence or a right conferred by a hatchery licence (other than a quota) ........ | 82 |
All or part of a quota as referred to in section 32(5) of the Act ............................. | 455 |
A request for the approval of a transfer (an approved transfer) under section 32(5) of the Act of part, or all, of a quota (the approved quota) may be made in relation to a permanent or temporary approved transfer, but the request can be made only if the holder of the licence from which part, or all, of the quota is to be transferred —
has returned to an inspector any tags issued in relation to the approved quota; and
in relation to a permanent approved transfer — has paid any outstanding fee for the issue or renewal of the licence (including any instalments that are not yet due).
On an approved transfer taking place, the conditions of the licence from which, and of the licence to which, the approved quota is transferred are varied as specified by the CEO by notice in writing served on the holder of the licence.
Without limiting subregulation (3), a notice under that subregulation to the holder of a licence is to specify the variation in the quota that applies to the licence as a result of the approved transfer.
In the case of a temporary approved transfer, any variation under subregulation (3) to the conditions of a licence ceases to have effect on the expiry of the period during which the approved transfer has effect.
[Regulation 9 inserted: Gazette 17 Dec 1999 p. 6203; amended: Gazette 28 Jun 2002 p. 3068‑9; 10 Sep 2002 p. 4594‑5; 7 Oct 2003 p. 4381; 15 Nov 2005 p. 5598; 10 Jul 2007 p. 3418; 15 Apr 2011 p. 1416-17; 7 Jul 2017 p. 3697.]
If a notice made under section 27(1)(a) of the Act provides for the payment by instalments of an annual fee set out in that notice, the fee may be paid in 2 or 3 instalments in accordance with that notice.
If a fee referred to in subregulation (1) is to be paid by instalments, a surcharge of —
10% of that fee; or
any lesser percentage of that fee, if such a percentage is specified in the notice,
is payable with the first instalment.
If an instalment of a fee, including the surcharge if payable with the instalment, is not paid on or before the day specified in the notice (the due date) —
the full amount outstanding of the fee becomes immediately payable; and
the authority conferred by the lease, license or permit to which the fee applies is of no effect during the period from the due date until the day on which the full amount outstanding of the fee is paid.
In subregulation (3) —
full amount outstanding of the fee includes the surcharge payable under subregulation (2).
[Regulation 9A inserted: Gazette 18 Dec 1998 p. 6758.]
The CEO may refund, reduce or waive, in whole or in part, any fee or charge payable or paid under these regulations if the CEO considers it appropriate to do so.
[Regulation 9B inserted: SL 2020/129 r. 5.]
For the purposes of section 55(1)(a)(ii) and (b)(i) of the Act, the CEO may, with the approval in writing of the Minister, sell the relevant pearl oysters or pearl oyster spat —
at public auction; or
by tender or by private treaty.
[Regulation 10 amended: Gazette 15 Apr 2011 p. 1417.]
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