Pearling (General) Regulations 1991

A person shall not transport or attempt to transport, or permit or suffer his or her agent, employee or subordinate to transport or attempt to transport, pearl oysters by any means on, in, over or from Western Australian waters unless —

those pearl oysters are in tagged designated containers and prior notice of that transport has been given in a notice of pearling or hatchery activity; or

prior to that transport, those pearl oysters have been —

held on a holding site; and

subjected to pearl seeding operations on the holding site referred to in subparagraph (i); and

held in designated containers,

those pearl oysters have been taken by, and are being held on, a catcher boat and the catcher boat is still actually engaged in taking pearl oysters; or

those pearl oysters are being transported —

entirely within a nursery site; or

entirely within a quarantine site; or

from one part of a pearl oyster farm that is not a nursery site to another part of that farm that is also not a nursery site;

those pearl oysters are, on the day on which they are taken by a catcher boat, transported by the catcher boat or a dump boat, in tagged designated containers, directly to the nearest dump (other than a dump on a pearl oyster farm); or

those pearl oysters are —

in designated containers; and

held on or transported to an operation boat situated on a holding site; and

transported entirely within the holding site referred to in subparagraph (ii);

if the pearl oysters are being transported —

from a hatchery; or

to a quarantine site; or

from a quarantine site,

if the pearl oysters are being transported to a nursery site either —

the pearl oysters are pearl oysters to which this subparagraph applies and both —

a certificate of health is in force in relation to those pearl oysters; and

that transport has been approved;

the pearl oysters are being transported from another nursery site on the same pearl oyster farm and that transport has been approved;

in any other case, that transport has been approved.

For the purposes of subregulation (1)(g) and (h) a certificate of health is taken to be in force in relation to pearl oysters if —

a certificate of health has been issued in relation to a sample of pearl oysters taken from the batch of pearl oysters of which the pearl oysters to be transported are part; and

not more than 2 weeks have elapsed since that certificate was issued; and

no pearl oysters have been transported to the place from which the pearl oysters are to be transported since the tested sample was taken.

Subregulation (1)(h)(i) applies to pearl oysters which were —

collected using a spat collector located on the same pearl oyster farm as the nursery site; or

produced in a hatchery, or collected using a spat collector, located in the same zone as the nursery site and either —

the pearl oyster farm on which the nursery site is located is more than 5 nautical miles from any other pearl oyster farm; or

the licensee or permit holder operating any pearl oyster farm which is within 5 nautical miles of the pearl oyster farm on which the nursery site is located has given written approval to the pearl oysters being transported to the nursery site without being quarantined;

transported to the nursery site from a quarantine site.