{"id":"fisheries-management-lakes-and-coorong-fishery-regulations-2024","name":"Fisheries Management (Lakes and Coorong Fishery) Regulations 2024","slug":"fisheries-management-lakes-and-coorong-fishery-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235534,"registerId":"sa-fisheries-management-lakes-and-coorong-fishery-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Lakes and Coorong Fishery) Regulations 2024","content":"South Australia\nFisheries Management (Lakes and Coorong Fishery) Regulations 2024\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tConstitution of fishery\n5\tMaximum number of licences that may be in force\n6\tTransfer of licence\n7\tRegistration\n8\tRevocation of registration\n9\tMesh net and pyramid net entitlements\n10\tIndividual pipi catch quota system\n11\tUse of agents in fishing activities—licences under which boats are registered\n12\tUse of agents in fishing activities—licences under which no boats are registered\n13\tCertain boats need not be registered\n14\tRestrictions on taking of pipi, cockles and vongole\n15\tRestriction on use of cockle rakes\n16\tInformation to be provided—taking pipi\n17\tPipi to be landed within State\n18\tDisposal of pipi\n19\tCatch and disposal requirements—pipi\n20\tPeriodic returns\n21\tProvision relating to keeping of records\n22\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for Lakes and Coorong Fishery\nPart 1—Aquatic resources prescribed for the purposes of regulation 4(2)(a)\nPart 2—Aquatic resources prescribed for the purposes of regulation 4(2)(b)\nSchedule 2—Repeal and transitional provisions\nPart 1—Repeal of Fisheries Management (Lakes and Coorong Fishery) Regulations 2009\n1\tRepeal of regulations\nPart 2—Transitional provisions\n2\tInterpretation\n3\tEligibility to be granted fishery licence\n4\tContinuation of entitlements\n5\tApproval of nominated agents\n6\tDeterminations of Minister\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Lakes and Coorong Fishery) Regulations 2024.\n2—Commencement\nThese regulations come into operation on 1 July 2024.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Fisheries Management Act 2007;\ncockle means any mollusc of—\n\t(a)\tthe order Veneroida (other than Pipi (Donax spp) or Vongole (Katelysia spp)); or\n\t(b)\tthe genus Anadara;\ncockle rake has the same meaning as in the Fisheries Management (General) Regulations 2017;\nDepartment means the administrative unit of the Public Service responsible for assisting a Minister in the administration of the Act;\ndomestic 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;\nfishery means the Lakes and Coorong Fishery constituted by these regulations;\nLakes and Coorong means the waters of the Coorong, Lake Alexandrina, Lake Albert, and the coastal waters adjacent to South Australia between the location on Mean High Water Springs closest to 35°31′23.45″ South, 138°46′23.86″ East (Beach Road, Goolwa) and the location on Mean High Water Springs closest to 36°49′34.54″ South, 139°50′55.98″ East (Kingston SE Jetty);\nMarine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nMean 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;\nmesh net has the same meaning as in the Fisheries Management (General) Regulations 2017, and includes a drum net as defined in those regulations;\nmesh net entitlement means the maximum number of mesh nets that the holder of a licence in respect of the fishery may lawfully use at any 1 time for the purpose of taking aquatic resources under the licence;\npipi means Pipi (Donax spp);\npipi quota entitlement—see regulation 10;\npyramid net has the same meaning as in the Fisheries Management (General) Regulations 2017;\npyramid net entitlement means the maximum number of pyramid nets that the holder of a licence in respect of the fishery may lawfully use at any 1 time to take aquatic resources under the licence;\nspouse—a person is the spouse of another if they are legally married;\nvongole means any mollusc of the genus Katelysia.\n\t(2)\tIn these regulations—\n\t(a)\ta reference to the taking of aquatic resources includes a reference to an act preparatory to, or involved in, the taking of the aquatic resources; and\n\t(b)\tall lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 2020 (GDA2020) as defined in the determination under section 8A of the National Measurement Act 1960 of the Commonwealth for the recognised‑value standard of measurement position, and all coordinates are expressed in terms of GDA2020; and\n\t(c)\tcommon 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.\n4—Constitution of fishery\n\t(1)\tThe Lakes and Coorong Fishery is constituted.\n\t(2)\tThe Lakes and Coorong Fishery consists of—\n\t(a)\tthe taking of aquatic resources specified in Schedule 1 Part 1 in the Lakes and Coorong; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 2 in the Lakes and Coorong for the purpose of bait.\n5—Maximum number of licences that may be in force\nThe maximum number of licences that may be in force in respect of the fishery is the number of licences in force in respect of the fishery immediately before the commencement of this regulation.\n6—Transfer of licence\n\t(1)\tLicences in respect of the fishery are transferable.\n\t(2)\tAn application for consent to the transfer of a licence must be accompanied by—\n\t(a)\tthe licence to be transferred; and\n\t(b)\ta form of return as required by regulation 20 completed by the holder of the licence up to the date of application; and\n\t(c)\tif the transferee is a company—a current company extract relating to the transferee issued not more than 1 month immediately preceding the date of application.\n\t(3)\tThe Minister may only consent to the transfer of a licence if satisfied as to the following:\n\t(a)\tthat any fees or other amounts payable in relation to the licence under the Act have been paid in full;\n\t(b)\tthat the licence to be transferred has not been suspended;\n\t(c)\tthat no proceedings alleging an offence against the Act are pending or likely to be commenced in the State against the holder of the licence;\n\t(d)\tif the transferee is a natural person—that the transferee is at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery;\n\t(e)\tif the transferee is a company, that—\n\t(i)\tthe licence is subject to a condition fixing a pipi quota entitlement; and\n\t(ii)\tthe only devices registered for use under the licence are devices that may be used for taking pipi; and\n\t(iii)\teach director of the company is a fit and proper person to be a director of a company that holds a licence in respect of the fishery.\n7—Registration\n\t(1)\tAn application by the holder of a licence in respect of the fishery—\n\t(a)\tto register a boat or device for use under the licence; or\n\t(b)\tto register a person as a master of a boat that may be used under the licence,\nmust be accompanied by the documents specified in the application form.\n\t(2)\tA person other than the holder of a licence in respect of the fishery cannot be registered as a master of a boat used under the licence unless the holder of the licence is already registered as the master of a registered boat used under a fishery licence.\n\t(3)\tIf the holder of a licence in respect of the fishery is a company, a device, other than a device for taking pipi, must not be registered for use under the licence.\n8—Revocation of registration\n\t(1)\tThe Minister may, on application by the holder of a licence in respect of the fishery, revoke the registration of—\n\t(a)\ta boat or device used under the licence; or\n\t(b)\ta person as a master of a boat that may be used under the licence.\n\t(2)\tAn application for revocation of registration must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the documents specified in the application form.\n9—Mesh net and pyramid net entitlements\n\t(1)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing mesh net entitlements as follows:\n\t(a)\ta mesh net entitlement may be fixed by condition of a licence but must not exceed 100;\n\t(b)\tif a person becomes the holder of a licence as a result of the transfer of the licence, the mesh net entitlement under that licence will be fixed at 25 subject to any subsequent variation under paragraph (c);\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of the fishery, the mesh net entitlement under 1 of the licences may be increased by 25, provided that—\n\t(i)\tthe other licence is first surrendered to the Minister; and\n\t(ii)\tif the entitlement as so increased would exceed 100, the entitlement is fixed at 100 only.\n\t(2)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing pyramid net entitlements as follows:\n\t(a)\ta pyramid net entitlement may be fixed by condition of a licence but must not exceed 100;\n\t(b)\tif a person becomes the holder of a licence as a result of the transfer of the licence, the pyramid net entitlement under that licence will be fixed at 50 subject to any subsequent variation under paragraph (c);\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of the fishery, a pyramid net entitlement under 1 of the licences may be increased by a number equal to the pyramid net entitlement under the other licence, provided that—\n\t(i)\tthe other licence is first surrendered to the Minister; and\n\t(ii)\tif the entitlement as so increased would exceed 100, the entitlement is fixed at 100 only.\n\t(3)\tAn application to vary a mesh net or pyramid net entitlement must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form.\n\t(4)\tSubregulations (1)(b) and (2)(b) do not apply if the transferee is—\n\t(a)\tthe spouse or domestic partner of the licensee; or\n\t(b)\ta parent or grandparent of the licensee; or\n\t(c)\ta brother or sister, or half‑brother or half‑sister, of the licensee; or\n\t(d)\ta child or grandchild of the licensee; or\n\t(e)\ta child or grandchild of the spouse or domestic partner of the licensee.\n10—Individual pipi catch quota system\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which pipi may be taken by the holder of the licence following the first quota period;\npipi quota entitlement or quota entitlement, in relation to a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement, means the maximum number of kilograms of pipi that may be taken by the holder of the licence during a quota period, being the product of—\n\t(a)\tthe unit entitlement under the licence; and\n\t(b)\tthe unit value for the fishery and that quota period,\nsubject to any variation applying during that quota period;\nquota period—a quota period for the fishery for the taking of pipi is a period of 12 months commencing on 1 July;\nunit entitlement under a licence means the number of pipi units allocated to the licence for the time being;\nunit value means the number of kilograms of pipi determined by the Minister to be the value of a pipi unit for the fishery and a quota period.\n\t(2)\tThe Minister must determine the number of kilograms of pipi that is to be the value of a pipi unit for the fishery and each quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing pipi quota entitlements as follows:\n\t(a)\ta licence in respect of the fishery may be allocated a number of pipi units for a quota period equal to the number of pipi units allocated to that licence immediately before the commencement of that quota period;\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the fishery subject to a condition fixing a pipi quota entitlement, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences and decrease the unit entitlement under the other licence by a corresponding number of units;\n\t(c)\ton joint application made to the Minister by the holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to such a condition (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under that licence and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence by a corresponding number of units; or\n\t(ii)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under that licence and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence by a corresponding number of units;\n\t(d)\tif the total catch of pipi taken by the holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the pipi quota entitlement under the licence for that quota period, the Minister may vary the conditions of the licence so as to increase the pipi quota entitlement for the following quota period (the subsequent quota period) by 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi quota entitlement for the first quota period up to—\n\t(i)\t—\n\t(A)\t10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or\n\t(ii)\tif the Minister is satisfied that exceptional circumstances apply—\n\t(A)\ta percentage that exceeds 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch other greater kilogram amount of catch,\nas is determined by the Minister on or before the commencement of the subsequent quota period;\n\t(e)\tif the total catch of pipi taken by the holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the pipi quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement for the following quota period (the subsequent quota period) as follows:\n\t(i)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount not exceeding 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 1 kilogram of pipi for each kilogram taken in excess of the quota entitlement; or\n\t(ii)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount greater than 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 2 kilograms of pipi for each kilogram taken in excess of the quota entitlement.\n\t(4)\tFor the purposes of—\n\t(a)\tsubregulation (3)(d)(i) and (ii); and\n\t(b)\tsubregulation (3)(e)(i) and (ii),\nany increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(d)(i) or (ii) must be disregarded.\n\t(5)\tA variation of a quota entitlement under subregulation (3)(d) or (e) must be expressed to apply only for the quota period during which the variation is made.\n\t(6)\tAn application under subregulation (3)(b) or (c)(i) may not be made in respect of pipi units allocated to the licence under subregulation (3)(d).\n\t(7)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(8)\tAn application to vary unit entitlements must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the prescribed fee.\n11—Use of agents in fishing activities—licences under which boats are registered\n\t(1)\tThis regulation applies only in relation to licences under which 1 or more registered boats are used to take aquatic resources.\n\t(2)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under such a licence, must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—\n\t(a)\tthe holder of the licence or the registered master is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and\n\t(b)\tthe holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 m of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement, or the registered master of a registered boat used under such a licence, must not cause or permit more than 8 persons to be engaged at the same time on the shore as agents of the holder of the licence in the taking of pipi under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under such a licence, must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery (other than the taking of pipi under a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under such a licence, must not cause or permit a person to be engaged on a boat as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—\n\t(a)\tthe holder of the licence or the registered master is at the same time also engaged on a registered boat in a fishing activity of a class that constitutes the fishery; and\n\t(b)\tthe holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 500 m of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(6)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under such a licence, must not cause or permit more than 2 persons to be engaged at the same time on a boat as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(7)\tThe Minister may impose conditions on a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement limiting the fishing activities that may be engaged in by agents of the holder of the licence in connection with the taking of pipi under the licence.\n12—Use of agents in fishing activities—licences under which no boats are registered\n\t(1)\tThis regulation applies only in relation to licences under which there are no registered boats.\n\t(2)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—\n\t(a)\tthe holder of the licence or a nominated agent is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and\n\t(b)\tthe holder of the licence or the nominated agent (as the case may be) and the other person remain, while so engaged, within 700 m of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must not cause or permit more than 8 persons (not including a nominated agent) to be engaged at the same time on the shore as agents of the holder of the licence in the taking of pipi under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery (other than a licence subject to a condition fixing a pipi quota entitlement) must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—\n\t(a)\tthe holder of the licence is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and\n\t(b)\tthe holder of the licence and the other person remain, while so engaged, within 700 m of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tThe holder of a licence in respect of the fishery must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery (other than the taking of pipi under a licence subject to a condition fixing a pipi quota entitlement).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(6)\tThe Minister may impose conditions on a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement limiting the fishing activities that may be engaged in by agents of the holder of the licence in connection with the taking of pipi under the licence.\n\t(7)\tThe Minister may, on application by the holder of a licence subject to a condition fixing a pipi quota entitlement, approve a person as a nominated agent for the purposes of this regulation.\n\t(8)\tAn approval under subregulation (7) may be made subject to such conditions as the Minister thinks fit.\n\t(9)\tA person must not contravene, or fail to comply with, a condition of an approval under subregulation (7).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(10)\tIn this regulation—\nnominated agent means a person approved by the Minister as a nominated agent under subregulation (7).\n13—Certain boats need not be registered\n\t(1)\tA boat used by a person as the agent of the holder of a licence in respect of the fishery in a fishing activity of a class that constitutes the fishery need not be registered if the boat is marked with the same distinguishing mark and in the same way as a registered boat.\n\t(2)\tAn unregistered boat that is marked as referred to in subregulation (1) need not be in the charge of a registered master.\n14—Restrictions on taking of pipi, cockles and vongole\n\t(1)\tThe holder of a licence in respect of the fishery must not take pipi for a commercial purpose unless the licence is subject to a condition fixing a pipi quota entitlement.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe holder of a licence in respect of the fishery (other than a licence subject to a condition fixing a pipi quota entitlement) must not take pipi under the licence unless—\n\t(a)\tthe pipi are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and\n\t(b)\tthe number of pipi taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of pipi that may be taken in any 1 day for that purpose.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery must not take vongole under the licence unless—\n\t(a)\tthe vongole are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and\n\t(b)\tthe number of vongole taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of vongole that may be taken in any 1 day for that purpose.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery must not, on any 1 day, take a number of cockles under the licence exceeding the number fixed by condition of the licence as the maximum number of cockles that may be taken in any 1 day under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n15—Restriction on use of cockle rakes\nThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must not use, or cause, suffer or permit the use of, more than 6 cockle rakes at any 1 time for the purpose of taking pipi under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n16—Information to be provided—taking pipi\n\t(1)\tIf fishing activities involving the taking of pipi under a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n17—Pipi to be landed within State\nThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must ensure that all pipi taken under the licence are landed within the State.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n18—Disposal of pipi\nThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must ensure that all pipi taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n19—Catch and disposal requirements—pipi\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement, the nominated agent of a holder of such a licence, or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of pipi taken under the licence:\n\t(a)\tthe holder of the licence, nominated agent or registered master must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the catch and disposal of pipi taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence, nominated agent or registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence, nominated agent or registered master must ensure that pipi taken under the licence is weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence, the nominated agent and the registered master of the registered boat are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tIn this regulation—\nnominated agent of the holder of a licence means a person approved as a nominated agent under regulation 12.\n20—Periodic returns\n\t(1)\tThe holder of a licence in respect of the fishery must provide the Department with such returns in the manner and form, at such times and containing such information, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tThe holder of a licence in respect of the fishery must keep a record of each return that the licence holder provides to the Department under this regulation in such manner, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n21—Provision relating to keeping of records\nA person required under these regulations to keep a record for a period of time must ensure that the record—\n\t(a)\tis maintained in a good condition and is legible; and\n\t(b)\tis kept so that it is readily accessible; and\n\t(c)\tis produced for inspection by a fisheries officer on request.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n22—Minister's determinations\n\t(1)\tThe Minister may make a determination for the purposes of a regulation.\n\t(2)\tA determination may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which it is expressed to apply.\n\t(3)\tIf the Minister makes a determination for the purposes of a regulation, notice of the determination—\n\t(a)\tmust be published on the Department's website; and\n\t(b)\tmay also be published in the Gazette.\n\t(4)\tAs soon as practicable after a determination of the Minister is made, a notice in writing setting out the date on which notice of the determination is published and the terms of the determination must be given to the persons bound by the determination in a manner and form that, in the opinion of the Minister, will bring the determination to the attention of those persons.\n\t(5)\tThe Minister may, by further determination, vary or revoke a determination.\n\t(6)\tThis regulation does not apply in relation to a determination made for the purposes of regulation 10.\nSchedule 1—Aquatic resources prescribed for Lakes and Coorong Fishery\nPart 1—Aquatic resources prescribed for the purposes of regulation 4(2)(a)\n\nAnnelids\nBloodworm (Class Polychaeta)\nTubeworm (Class Polychaeta)\nCrustaceans\nCrab of all species (Family Portunidae)\nFreshwater Prawn (Macrobrachium australiensis)\nYabby (Cherax spp)\nMolluscs\nSouthern Calamari (Sepioteuthis australis)\nCockle\nMussels (Mytilus spp)\nFreshwater Mussels (Family Hyriidae)\nPipi (Donax spp)\nGould's Squid (Nototodarus gouldi)\nScalefish\nBarracouta (Thyrsites atun)\nBlack Bream (Acanthopagrus butcheri)\nBony Bream (Nematalosa erebi)\nCarp of all species (Family Cyprinidae)\nCod of all marine species (Family Moridae)\nCongolli (Pseudaphritis urvilli)\nDory of all species (Family Zeidae)\nFlathead (Platycephalus spp)\nFlounder of all species (Family Bothidae or Pleuronectidae)\nGreenback Flounder (Rhombosolea tapirina)\nGarfish (Hyporhamphus melanochir)\nAustralian Herring (Arripis georgianus)\nMullet of all species (Family Mugilidae)\nMulloway (Argyrosomus japonicus)\nMurray Cod (Maccullochella peelii)\nGolden Perch (Macquaria ambigua)\nRedfin (Perca fluviatilis)\nBight Redfish (Centroberyx gerrardi)\nRedfish (Centroberyx affinis)\nWestern Australian Salmon (Arripis truttaceus)\nSnapper (Chrysophrys auratus)\nSnook (Sphyraena novaehollandiae)\nSouthern Sole (Aseraggodes haackeanus)\nSwallowtail (Centroberyx lineatus)\nSea Sweep (Scorpis aequipinnis)\nBlue‑eye Trevalla (Hyperoglyphe antarctica)\nTrevally (Carangidae spp)\nBrown Trout (Salmo trutta)\nRainbow Trout (Oncorhynchus mykiss)\nWhiting of all species (Family Sillaginidae)\nWrasse of all species (Family Labridae) other than Western Blue Groper (Achoerodus gouldii)\nShark\nRays of all species (Class Elasmobranchii)\nShark of all species (Class Elasmobranchii) other than White Shark (Carcharodon carcharias)\nSkate of all species (Class Elasmobranchii)\nPart 2—Aquatic resources prescribed for the purposes of regulation 4(2)(b)\n\nMolluscs\nRazorfish (Pinna bicolor)\nVongole\nScalefish\nAustralian Anchovy (Engraulis australis)\nAustralian Sardine (Sardinops sagax)\nSchedule 2—Repeal and transitional provisions\nPart 1—Repeal of Fisheries Management (Lakes and Coorong Fishery) Regulations 2009\n1—Repeal of regulations\nThe Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 are repealed.\nPart 2—Transitional provisions\n2—Interpretation\nIn this Part—\nrepealed regulations means the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 repealed under clause 1 of this Schedule.\n3—Eligibility to be granted fishery licence\nOnly a person who was, immediately before the commencement of this clause, the holder of a licence in respect of the fishery, may make an application under section 54 of the Act for a licence in respect of the fishery.\n4—Continuation of entitlements\nSubject to the Act and these regulations—\n\t(a)\ta mesh net entitlement fixed by a condition of a licence in respect of the fishery will be the number endorsed on the licence as the mesh net entitlement under the repealed regulations immediately before the commencement of this clause (subject to any subsequent variation made in accordance with regulation 9 of these regulations); and\n\t(b)\ta pyramid net entitlement fixed by a condition of a licence in respect of the fishery will be the number endorsed on the licence as the pyramid net entitlement under the repealed regulations immediately before the commencement of this clause (subject to any subsequent variation made in accordance with regulation 9 of these regulations).\n5—Approval of nominated agents\nThe approval of a person as a nominated agent of the holder of a licence under regulation 11A of the repealed regulations (and in effect immediately the commencement of this clause) will continue to have effect as if it had been an approval under regulation 12 of these regulations (and will be subject to the same conditions).\n6—Determinations of Minister\n\t(1)\tA determination of the Minister made under regulation 15 of the repealed regulations (and in effect immediately before the commencement of this clause) will be taken to be a determination of the Minister made under regulation 16 of these regulations.\n\t(2)\tA determination of the Minister made under regulation 18 of the repealed regulations (and in effect immediately before the commencement of this clause) will be taken to be a determination of the Minister made under regulation 19 of these regulations.\n\t(3)\tA determination of the Minister made under regulation 19 of the repealed regulations (and in effect immediately before the commencement of this clause) will be taken to be a determination of the Minister made under regulation 20 of these regulations.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2024\n55\nGazette 27.6.2024 p1896 \n1.7.2024: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument narrows practical access compared with an open licensing regime by fixing the maximum number of licences to the number in force immediately before commencement (regulation 5) and by providing in the transitional provisions that only persons who were licence holders immediately before commencement may apply for a fishery licence under section 54 of the Act (Schedule 2 cl 3). It continues existing entitlements (mesh and pyramid net numbers and nominated agent approvals) but formalises an individual pipi quota system with ministerially determined unit values and administrative controls (regulation 10). Operationally, the regulations therefore preserve the incumbent cohort and create a managed, quota‑based access regime with greater administrative control over reporting, landing and disposal than a simple open‑access or generic licensing model, thereby restricting new entry and concentrating decision rights in the Minister and Department (regs 5, 10, 16–22; Schedule 2)."},"complexity_factors":["22 regulations plus 2 schedules (including a long list of species in Schedule 1)","Extensive definitions in regulation 3, including geodetic coordinate standard (GDA2020) and cross‑references to other regulations and standards","Quota mechanics in regulation 10 with multiple defined terms (unit entitlement, unit value, quota period), numerical calculations and time‑dependent rules","Carry‑forward and carry‑back style adjustments with caps and an 'exceptional circumstances' override (regulation 10(3)(d)–(e)) and a disregard rule (regulation 10(4))","Multiple conditional pathways for varying entitlements (joint applications between licence holders, surrender requirement, cross‑fishery transfers with Marine Scalefish Fishery) (regulation 9 and 10)","Layered agent rules with different regimes depending on whether boats are registered, including distance requirements, numeric caps and nominated agent approvals (regs 11–13)","Numerous separate penalty and expiation fee amounts across regulations (different sums for different contraventions)","Ministerial determinations power that delegates many operational details to administrative instruments, with a parallel but separate rule‑making track for quota unit values (regulation 22 and regulation 10)","Transitional provisions that restrict new applicants to existing licence holders and carry over previous entitlements and determinations (Schedule 2)","Cross‑references to other instruments (Fisheries Management Act 2007, Fisheries Management (General) Regulations 2017, Fisheries Management (Marine Scalefish Fishery) Regulations 2017, Family Relationships Act 1975, and AS5300—2019 standard)"],"plain_english_summary":"**What this instrument does (mechanical changes first)**\n\n- Constitutes the \"Lakes and Coorong Fishery\" and lists exactly which waters are in it (regulation 4 and reg 3 definition of \"Lakes and Coorong\").\n- Prescribes which aquatic resources are in scope of the fishery for commercial take and which are only for bait (Schedule 1 Parts 1 and 2). \n- Keeps the number of licences fixed at whatever number was in force immediately before these regulations commence (regulation 5) and repeals the 2009 regulations (Schedule 2 Part 1).\n- Sets rules for licence transfers, including documents required and fitness checks for transferees, and special additional requirements where the transferee is a company (regulation 6).\n- Controls registration of boats, devices and masters for use under fishery licences and allows the Minister to revoke registrations on application (regs 7–8).\n- Establishes limits on gear (mesh nets and pyramid nets) and a mechanism to vary those entitlements, including rules when licences are transferred or surrendered (regulation 9).\n- Creates a formal, individual pipi (Donax spp) quota system: each licence can have a number of \"pipi units\"; the Minister determines the kilogram value of each unit per 12‑month quota period (1 July–30 June); and licence entitlements (kilograms) are the product of units × unit value. The Minister can vary unit entitlements across licences and between this fishery and the Marine Scalefish Fishery in certain joint‑application circumstances (regulation 10).\n- Provides carry‑forward (and carry‑back) style adjustments: if a licence catches less than its entitlement in a period the Minister may increase the following period's entitlement (subject to a cap—generally up to 10% unless the Minister determines otherwise for exceptional circumstances); if a licence exceeds its entitlement the Minister may reduce the next period's entitlement (with graduated reduction rates) (regulation 10(3)(d)–(e)).\n- Limits use of agents (people working on shore or boats on behalf of licence holders) by distance, number and circumstance, with separate rules depending on whether registered boats are used or not; permits the Minister to approve \"nominated agents\" and put conditions on those approvals (regs 11–13).\n- Restricts commercial taking of pipi so that pipi may only be taken commercially if the licence has a pipi quota condition; otherwise pipi and certain other bivalves may only be taken as bait and within daily limits set by licence conditions (regulation 14).\n- Caps certain gear and crew uses (for example no more than 6 cockle rakes at once for pipi quota licences; caps on number of agents engaged) (regulation 15 and regs 11–12).\n- Imposes reporting, weighing, tagging, landing and disposal rules for pipi caught under quota licences: notification to the Department as the Minister determines; all pipi must be landed within the State and delivered or consigned to a registered fish processor; detailed catch recording and recordkeeping requirements (regs 16–19).\n- Requires periodic returns and retention of returns as determined by the Minister, and sets general record‑keeping quality and production obligations (regs 20–21).\n- Gives the Minister broad administrative power to make determinations to implement many of the rules (how reports are supplied, recording formats, times and places, tagging and transport requirements), requires those determinations to be published on the Department website (regulation 22). Some determinations (notably unit values in the pipi quota system) are given separate treatment within regulation 10.\n- Transitional rules carry forward existing entitlements, continue existing nominated‑agent approvals and treat certain old Minister determinations as if made under the new regulations; only persons who were licence holders immediately before commencement may apply for a licence under section 54 of the Act (Schedule 2 Part 2).\n\n**Who this affects**\n\n- Current licence holders in the Lakes and Coorong Fishery (primary group): the regulations preserve existing licence numbers and entitlements and set operational, reporting and quota rules they must follow (regs 5, 10, 16–20, Schedule 2). \n- Potential new entrants: effectively limited, because the maximum number of licences is fixed at the pre‑commencement level and only persons who were licence holders immediately before commencement may apply under section 54 for a fishery licence (regulation 5; Schedule 2 cl 3).\n- Boat owners, masters and nominated agents: registration, distance and numeric limits on agents, and conditions for nomination affect who can operate and under what supervision (regs 7, 11–13).\n- Companies that hold licences: transfer rules and device registration limits constrain how corporate licence holders may operate (regulation 6(3)(e) and reg 7(3)).\n- Registered fish processors: pipi quota licences must deliver to registered processors (regulation 18).\n- The Department and the Minister: administer unit values, determinations, approvals, publication of determinations and quota variations (regs 10, 16, 19, 22).\n\n**Why it matters (official purpose and implementation trade‑offs)**\n\n- Officially the instrument organises who may fish where and for which species, caps total licence numbers and formalises an individual quota regime for pipi with reporting and landing controls. The regulations give the Minister the administrative levers (unit value, reporting forms, entitlements variation rules) to manage total pipi catch and monitor disposal chains (regulations 10, 16, 19, 22).\n\n- Who pays and who decides: licence holders bear the direct compliance costs (recordkeeping, reporting, possible gear adjustments, and limits on agents), processors must accept only registered consignments of pipi, and the Department administers enforcement. The Minister decides key numeric parameters (unit value, reporting form and timing, permitted variations and exceptional circumstances) and the Department enforces those rules (regs 10, 16–22).\n\n- Incentives and likely behavioural responses: licence holders with quota entitlements face incentives to use or trade unit entitlements (subject to the rules allowing joint applications and swaps between fisheries under specified conditions (regulation 10(3)(b)–(c))). Caps on licence numbers and net entitlements reduce entry and expansion by new operators and can concentrate benefits among existing licence holders (regs 5, 9). Limits on agents and nominal distance requirements change how labour and boats are deployed (regs 11–12). Mandatory landing and delivery to registered processors (regs 17–18) channel supply through particular businesses and increase traceability but add transport and administrative cost.\n\n- Administrative discretion and implementation risks: the Minister has broad discretion to determine unit values, reporting formats, timeframes and the extent of quota adjustments for under/over catch (regulation 10 and 22). That discretion reduces legislative precision and shifts technical detail into ministerial determinations, which are published but rely on licence holders seeing the Department's website and written notices (regulation 22(3)–(4)).\n\n- Compliance burden and enforcement: multiple criminal penalties and expiation fees are specified for breaches of quotas, agent rules, recordkeeping and reporting (see regs 11–12, 14, 16, 19–21). Some offences carry higher expiation fees depending on the rule.\n\n- Substitution and cross‑fishery effects: the rules allow movement of pipi unit entitlements between licences, and (in certain joint applications) between this fishery and the Marine Scalefish Fishery (regulation 10(3)(c)). That creates a channel for reassigning access between fisheries but only under the ministerially supervised processes described.\n\n**Concrete risks, trade‑offs and opportunity costs**\n\n- Restricting new licences and fixing total licence numbers (regs 5 and Schedule 2) preserves existing access but prevents new entrants and reduces competitive pressure on incumbents.\n- The quota system centralises management decisions (unit value, carry‑forward rules). That helps manage total catch but concentrates decision power in the executive (regulation 10 and 22). \n- Reporting, tagging, landing and processor‑only disposal increase traceability and enforcement capacity but impose costs on small operators and processors (regs 16, 18–19).\n- Ministerial discretion on exceptional circumstances and variation rates (regulation 10(3)(d)–(e)) introduces flexibility but also uncertainty for planning by licence holders.\n\n**Key sections to consult quickly**\n\n- What species are in scope: Schedule 1 (Parts 1 & 2).\n- Pipi quota mechanics and unit valuation: regulation 10.\n- Limits on licences and who may apply: regulation 5 and Schedule 2 cl 3.\n- Agent and nominated agent rules: regulations 11–12.\n- Reporting, landing and disposal requirements: regulations 16–19.\n- Ministerial administrative powers: regulation 22.\n\n(End of summary.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor (the 2009 regulations). It continues to regulate the same specific fishery (Lakes and Coorong), covers the same general activities (licensing, gear restrictions, quota management for pipi), and preserves existing entitlements through transitional provisions. While the 2024 version restructures and updates the rules—particularly refining the pipi quota calculations and agent provisions—it does not expand the fishery's geographic scope, add new major fishery categories, or fundamentally alter the regulatory framework beyond modernising the existing management approach."},"complexity_factors":["22 defined terms in the interpretation section (regulation 3), including technical biological classifications (e.g., 'cockle' defined by order Veneroida and genus Anadara) and precise geospatial coordinates using GDA2020 datum","Nested conditional logic in the pipi quota system (regulation 10): multiple tiers of quota adjustments (rollovers for under-catch, penalties for over-catch), with percentage thresholds (10%), Ministerial discretion for 'exceptional circumstances', and complex rules about which variations count toward calculations","Cross-references to external instruments: Fisheries Management Act 2007, Fisheries Management (General) Regulations 2017, Family Relationships Act 1975, National Measurement Act 1960, and AS5300—2019 Australian Fish Names Standard","Dual regulatory tracks for licence holders with and without registered boats (regulations 11 and 12), creating parallel but slightly different rule sets for agent use","Multiple calculation methods for net entitlements (regulation 9) with family relationship exceptions that require checking against 5 different relationship categories","Transitional provisions (Schedule 2) mapping old regulation numbers to new ones and preserving existing approvals and entitlements","Ministerial determination powers (regulation 22) that allow variable application and delegated legislative detail for operational requirements"],"plain_english_summary":"These regulations govern commercial fishing in South Australia's Lakes and Coorong region—a specific area covering the Coorong, Lake Alexandrina, Lake Albert, and adjacent coastal waters between Goolwa and Kingston SE.\n\n**What the regulations do:**\n\n*   **Set up the fishery:** They officially establish the \"Lakes and Coorong Fishery\" and list exactly which fish and sea creatures can be caught (from bloodworms and yabbies to snapper and sharks).\n*   **Control who can fish:** They cap the number of commercial fishing licences at whatever number existed when these rules started. Licences can be transferred to others, but the Minister must approve transfers and check that fees are paid and the new holder is a \"fit and proper person.\"\n*   **Manage specific fishing gear:** They limit how many mesh nets (max 100) and pyramid nets (max 100) each licence holder can use. If you buy a licence from someone else, your net allowances drop to 25 (mesh) or 50 (pyramid) unless you're a close family member (spouse, parent, child, sibling, etc.).\n*   **Run a quota system for pipis:** Pipi (a type of small clam popular as seafood and bait) are tightly controlled. Each licence holder gets a quota entitlement—a maximum kilogram amount they can catch in a 12-month period starting 1 July. The rules allow quota to be traded between licence holders, even with holders of a different fishery (Marine Scalefish Fishery). If you under-catch your quota, you can \"roll over\" up to 10% to the next year (more in exceptional circumstances). If you over-catch, you lose double the excess from next year's quota.\n*   **Restrict how fishing is done:**\n    *   Licence holders using boats can only use agents (helpers) under strict conditions—maximum numbers apply (e.g., 8 agents for pipi gathering on shore, 2 for other activities), and the licence holder or boat master must stay within 500-700 metres of agents.\n    *   Licence holders without registered boats face similar restrictions but can get a \"nominated agent\" approved by the Minister.\n    *   You can't take pipi commercially without a quota licence. Without quota, you can only take limited amounts for bait.\n    *   Cockle rakes are limited to 6 per licence holder.\n*   **Require reporting:** Licence holders must provide regular returns to the Department, keep detailed records of catches and sales, and notify the Department before fishing for pipi. All pipi must be landed in South Australia and sold to registered fish processors.\n*   **Replace old rules:** They repeal the 2009 regulations and include transitional provisions so existing licence holders, net entitlements, and agent approvals continue under the new system.\n\n**Who it affects:**\n\n*   Commercial fishers operating in the Lakes and Coorong area.\n*   Fish processors buying pipi from these fishers.\n*   The South Australian Department responsible for fisheries.\n\n**Why it matters:**\n\nThese rules aim to prevent overfishing—particularly of pipi, which are vulnerable to depletion—while allowing a sustainable commercial fishing industry to continue. The quota system and strict reporting requirements help the government track catches and ensure fishers don't exceed sustainable limits. The family transfer exemptions recognise that fishing licences often stay within families across generations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full text of the regulations was not accessible due to a broken hyperlink. No comparison between stated purpose and operative provisions could be made."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Fisheries Management (Lakes and Coorong Fishery) Regulations 2024 would set fishing rules for the Coorong and Lakes Alexandrina and Albert under South Australia’s fisheries framework—covering licences, permitted gear, catch limits, protected species and seasonal restrictions. It affects commercial and recreational fishers and Indigenous communities, and matters for conservation and sustainable use of these ecologically significant waterways."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-lakes-and-coorong-fishery-regulations-2024","history":"/api/acts/fisheries-management-lakes-and-coorong-fishery-regulations-2024/history","analysis":"/api/acts/fisheries-management-lakes-and-coorong-fishery-regulations-2024/analysis","conflicts":"/api/acts/fisheries-management-lakes-and-coorong-fishery-regulations-2024/conflicts","importantCases":"/api/acts/fisheries-management-lakes-and-coorong-fishery-regulations-2024/important-cases","documents":"/api/acts/fisheries-management-lakes-and-coorong-fishery-regulations-2024/documents"}}