{"id":"fisheries-management-miscellaneous-fishery-regulations-2015","name":"Fisheries Management (Miscellaneous Fishery) Regulations 2015","slug":"fisheries-management-miscellaneous-fishery-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235544,"registerId":"sa-fisheries-management-miscellaneous-fishery-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Miscellaneous Fishery) Regulations 2015","content":"South Australia\nFisheries Management (Miscellaneous Fishery) Regulations 2015\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of the fishery\n5\tIssue of licences\n5A\tTransfer of licence\n6\tPower of Minister to limit fishing activities\n7\tRegistration\n8\tRevocation of registration\n9\tIndividual giant crab catch quota system—Northern Zone\n9A\tIndividual giant crab catch quota system—Southern Zone\n10\tUse of agents in fishing activities on shore\n11\tPeriodic returns\n12\tProvision relating to keeping of records\n13\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for Miscellaneous Fishery\nSchedule 2—Competitive tender procedure for issue of licences\n1\tCompetitive tender procedure\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Miscellaneous Fishery) Regulations 2015.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fisheries Management Act 2007;\nCorporations Act means the Corporations Act 2001 of the Commonwealth;\ncurrent company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:\n\t(a)\tthe company's name;\n\t(b)\tthe address of the company's registered office;\n\t(c)\tthe date of registration of the company;\n\t(d)\tthe State or Territory in which the company is taken to be registered under the Corporations Act;\n\t(e)\tthe company's Australian Company Number;\n\t(f)\twhether the company is a proprietary company or a public company;\n\t(g)\tthe full name of each director of the company;\n\t(h)\tthe full name of each secretary (if any) of the company;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;\nfishery means the Miscellaneous Fishery constituted by these regulations;\ngiant crab means Giant Crab Pseudocarcinus gigas;\nwaters of the State means all the waters to which the Act applies.\n\t(2)\tIn these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.\n\t(3)\tIn these regulations—\n\t(a)\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;\n\t(b)\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.\n4—Constitution of the fishery\n\t(1)\tThe Miscellaneous Fishery is constituted.\n\t(2)\tThe Miscellaneous Fishery consists of the taking of aquatic resources specified in Schedule 1 in the waters of the State.\n5—Issue of licences\n\t(1)\tIf a licence in force in respect of the fishery ceases to be held by a person, the Minister may issue the licence to another person.\n\t(2)\tIf the Minister considers that it would not be detrimental to the aquatic resources of the State to issue an additional licence in respect of the fishery, the Minister may issue a licence in respect of the fishery.\n\t(3)\tThe Minister may, but is not required to, call for applications in respect of a licence to be issued under this regulation in accordance with the competitive tender procedure prescribed by Schedule 2.\n\t(4)\tSubject to subregulation (5), if the Minister conducts a tender in accordance with Schedule 2, the Minister must not grant a licence in respect of which the procedure was conducted except to the person who was the successful applicant for the licence at the tender.\n\t(5)\tIf a person who is a successful applicant at a tender conducted in accordance with Schedule 2—\n\t(a)\tfails to make an application for the licence in respect of which the person was the successful applicant; or\n\t(b)\thaving made an application for that licence, is for any reason not granted the licence,\nthe Minister may call for additional applications in respect of that licence in accordance with the procedure prescribed by Schedule 2.\n\t(6)\tThe Minister may not issue a licence to an applicant under this regulation unless satisfied—\n\t(a)\tin the case of a natural person—that the person 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(b)\tin the case of a company—that each 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.\n5A—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 11 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.\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 each 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;\n\t(f)\tif a boat registered for use under the licence is the subject of, or registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement to take fish granted under a law of the Commonwealth or a corresponding law—\n\t(i)\tthat the entitlement is either to be transferred together with the licence to the transferee or to be surrendered on or before the transfer of the licence; or\n\t(ii)\tthat—\n\t(A)\tthe transfer of the licence separately from the entitlement is not likely to result in fishing activities that over‑exploit or endanger the aquatic resources of the State; and\n\t(B)\tthe person or body that granted the entitlement concurs with the separate transfer of the licence.\n6—Power of Minister to limit fishing activities\nThe Minister may impose conditions on a licence in respect of the fishery limiting the class of fishing activities that may be engaged in under the licence.\n7—Registration\nAn 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.\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—Individual giant crab catch quota system—Northern Zone\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period, the Northern Zone and the holder of a licence in respect of the fishery, means the next quota period during which giant crab may be taken by the holder of the licence in that Zone following the first quota period;\ngiant crab quota entitlement or quota entitlement—\n\t(a)\tin relation to a licence in respect of the fishery and the Northern Zone, means the maximum number of kilograms of giant crab that may be lawfully taken by the holder of the licence in the Northern Zone during a quota period, being the product of—\n\t(i)\tthe unit entitlement under that licence in respect of the Northern Zone; and\n\t(ii)\tthe unit value for the Northern Zone and that quota period,\nsubject to any variation applying during that quota period;\n\t(b)\tin relation to a licence in respect of the Northern Zone Rock Lobster Fishery—has the same meaning as in regulation 16A of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nquota period means a period of 12 months commencing on 1 November;\nunit entitlement—\n\t(a)\tin relation to a licence in respect of the fishery and the Northern Zone—means the number of giant crab units for the time being allocated to the licence in respect of the Northern Zone;\n\t(b)\tin relation to a licence in respect of the Northern Zone Rock Lobster Fishery—has the same meaning as in regulation 16A of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nunit value means the number of kilograms of giant crab determined by the Minister to be the value of a giant crab unit for the Northern Zone and a quota period.\n\t(2)\tIn this regulation, Northern Zone and Northern Zone Rock Lobster Fishery have the same respective meanings as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2017.\n\t(3)\tThe Minister must, on or before the commencement of each quota period, determine the number of kilograms of giant crab that is to be the value of a giant crab unit for the Northern Zone and the quota period.\n\t(4)\tThe Minister may impose or vary conditions on licences in respect of the fishery or the Northern Zone Rock Lobster Fishery varying giant crab quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of licences in respect of the fishery subject to conditions fixing a giant crab 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(b)\ton joint application made to the Minister by a holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement (the first licence) and the holder of a licence in respect of the Northern Zone Rock Lobster 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 in respect of the Northern Zone 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 in respect of the Northern Zone 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(c)\tif the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Northern Zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 November 2021) is less than the giant crab quota entitlement under the licence for that Zone and that quota period, the Minister may vary the conditions of the licence so as to increase the giant crab quota entitlement in respect of that Zone for the following quota period (the subsequent quota period) by 1 kilogram of giant crab for each kilogram by which the catch fell short of the giant crab 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(d)\tif the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Northern Zone during a quota period (the first quota period) (being a quota period that commences on or after 1 November 2022) exceeded the giant crab quota entitlement under the licence for that Zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that Zone 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 giant crab 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 giant crab for each kilogram taken in excess of the quota entitlement.\n\t(4a)\tFor the purposes of—\n\t(a)\tsubregulation (4)(c)(i) and (ii); and\n\t(b)\tsubregulation (4)(d)(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 (4)(c)(i) or (ii) must be disregarded.\n\t(4b)\tA variation of a quota entitlement under subregulation (4)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.\n\t(4c)\tAn application under subregulation (4)(a) or (b)(i) may not be made in respect of giant crab units allocated to the licence under subregulation (4)(c).\n\t(5)\tAn application to vary quota 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—\n\t(i)\tthe documents specified in the application form; and\n\t(ii)\tthe prescribed fee.\n9A—Individual giant crab catch quota system—Southern Zone\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period, the Southern Zone and the holder of a licence in respect of the fishery, means the next quota period during which giant crab may be taken by the holder of the licence in that Zone following the first quota period;\ngiant crab quota entitlement or quota entitlement—\n\t(a)\tin relation to a licence in respect of the fishery and the Southern Zone, means the maximum number of kilograms of giant crab that may be lawfully taken by the holder of the licence in the Southern Zone during a quota period, being the product of—\n\t(i)\tthe unit entitlement under that licence in respect of the Southern Zone; and\n\t(ii)\tthe unit value for the Southern Zone and that quota period,\nsubject to any variation applying during that quota period;\n\t(b)\tin relation to a licence in respect of the Southern Zone Rock Lobster Fishery—has the same meaning as in regulation 17 of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nquota period means a period of 12 months commencing on 1 October;\nunit entitlement—\n\t(a)\tin relation to a licence in respect of the fishery and the Southern Zone—means the number of giant crab units for the time being allocated to the licence in respect of that zone;\n\t(b)\tin relation to a licence in respect of the Southern Zone Rock Lobster Fishery—has the same meaning as in regulation 17 of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nunit value means the number of kilograms of giant crab determined by the Minister to be the value of a giant crab unit for the Southern Zone and a quota period.\n\t(2)\tIn this regulation, Southern Zone and Southern Zone Rock Lobster Fishery have the same respective meanings as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2017.\n\t(3)\tThe Minister must, on or before the commencement of each quota period, determine the number of kilograms of giant crab that is to be the value of a giant crab unit for the Southern Zone and the quota period.\n\t(4)\tThe Minister may impose or vary conditions on licences in respect of the fishery or the Southern Zone Rock Lobster Fishery varying giant crab quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of licences in respect of the fishery subject to conditions fixing a giant crab 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(b)\ton joint application made to the Minister by a holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement (the first licence) and the holder of a licence in respect of the Southern Zone Rock Lobster 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 in respect of the Southern Zone 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 in respect of the Southern Zone 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(c)\tif the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Southern Zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 October 2021) is less than the giant crab quota entitlement under the licence for that Zone and that quota period, the Minister may vary the conditions of the licence so as to increase the giant crab quota entitlement in respect of that Zone for the following quota period (the subsequent quota period) by 1 kilogram of giant crab for each kilogram by which the catch fell short of the giant crab 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(d)\tif the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Southern Zone during a quota period (the first quota period) (being a quota period that commences on or after 1 October 2022) exceeded the giant crab quota entitlement under the licence for that Zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that Zone 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 giant crab 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 giant crab for each kilogram taken in excess of the quota entitlement.\n\t(4a)\tFor the purposes of—\n\t(a)\tsubregulation (4)(c)(i) and (ii); and\n\t(b)\tsubregulation (4)(d)(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 (4)(c)(i) or (ii) must be disregarded.\n\t(4b)\tA variation of a quota entitlement under subregulation (4)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.\n\t(4c)\tAn application under subregulation (4)(a) or (b)(i) may not be made in respect of giant crab units allocated to the licence under subregulation (4)(c).\n\t(5)\tAn application to vary quota 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—\n\t(i)\tthe documents specified in the application form; and\n\t(ii)\tthe prescribed fee.\n10—Use of agents in fishing activities on shore\n\t(1)\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 metres of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\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 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.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n11—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 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.\n12—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.\n13—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, 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 made for the purposes of a regulation.\n\t(6)\tThis regulation does not apply in relation to a determination made for the purposes of regulations 9 or 9A or Schedule 2.\nSchedule 1—Aquatic resources prescribed for Miscellaneous Fishery\nAll aquatic resources other than Abalone (Haliotis spp), King Prawn (Melicertus latisulcatus) and Southern Rock Lobster (Jasus edwardsii).\nSchedule 2—Competitive tender procedure for issue of licences\n1—Competitive tender procedure\n\t(1)\tIf the Minister proposes to call applications for the issue of a licence in respect of the fishery, the Minister must cause an advertisement, in a form determined by the Minister, to be published—\n\t(a)\tcalling for tenders for such number of licences in respect of the fishery as are to be granted; and\n\t(b)\tfixing a time and date on which tenders will close (being a date that is at least 1 month after the publication of the advertisement); and\n\t(c)\trequiring each tender to be accompanied by an ADI guarantee equal to 10 per cent of the amount tendered; and\n\t(d)\trequiring all tenders to be made in a manner and form approved by the Minister.\n\t(1a)\tAn advertisement under subclause (1)—\n\t(a)\tmust be published in the Gazette; and\n\t(b)\tmay also be published—\n\t(i)\ton a website determined by the Minister; or\n\t(ii)\tin a newspaper circulating generally throughout the State.\n\t(2)\tAll tenders must be enclosed in a sealed envelope and forwarded to the office of the Minister.\n\t(3)\tThe Minister must provide at his or her office a locked box into which all tenders must be deposited.\n\t(4)\tAll tenders deposited in the locked box must remain there until the close of tenders.\n\t(5)\tA person must not interfere with or remove a tender from the locked box prior to the close of tenders.\nMaximum penalty: $1 250.\n\t(6)\tAt the close of tenders the Minister must open the locked box in the presence of two persons appointed by the Minister for this purpose.\n\t(7)\tOne of those persons must remove each of the envelopes from the box taking each 1 singly and at random and, after removing an envelope from the box, that person must open the envelope and hand the contents to the other person.\n\t(8)\tOn receiving the contents of an envelope the other person must prepare a schedule of tenderers containing—\n\t(a)\tthe name of each tenderer; and\n\t(b)\tthe amount tendered; and\n\t(c)\tthe order in which the envelopes containing the tenders were removed from the box.\n\t(9)\tWhen all the tenders have been removed from the box and the schedule of tenderers has been completed the Minister must examine each tender and the schedule of tenderers.\n\t(10)\tIf 1 licence in respect of the fishery is to be granted—\n\t(a)\tthe amount payable for the licence will be an amount equal to the highest amount tendered; and\n\t(b)\tthe successful applicant will be the person who tenders an amount equal to the highest amount.\n\t(11)\tIf 1 licence in respect of the fishery is to be granted and more than 1 person tenders an amount equal to the highest amount—\n\t(a)\t1 of the persons who tendered an amount equal to the highest amount will be the successful applicant; and\n\t(b)\tthe successful applicant will be the person whose tender was removed from the box before the tenders of the other persons who tendered an amount equal to the highest amount.\n\t(12)\tIf more than 1 licence in respect of the fishery is to be granted and the number of licences to be granted is equal to the number of persons who have tendered an amount equal to or greater than the clearing price, those persons who have tendered an amount equal to or greater than the clearing price will be the successful applicants.\n\t(13)\tIf the number of licences to be granted in respect of the fishery is less than the number of persons who have tendered an amount equal to or greater than the clearing price, the successful applicants will be selected as follows:\n\t(a)\teach of the persons who tendered an amount greater than the clearing price will be a successful applicant; and\n\t(b)\tthe name of the other persons who have tendered an amount equal to the clearing price will be put on a list in the order in which their tender was removed from the box and the successful applicant will be the person whose name appears first on the list; and\n\t(c)\tif, after following the procedure specified in paragraph (b), there remains 1 or more licences to be granted in respect of the fishery, the successful applicant or applicants in respect of that licence or those licences will be the person whose name appears next on the list prepared under paragraph (b) and so on in descending order until a successful applicant has been determined in respect of each licence to be granted.\n\t(14)\tIf more than 1 licence is to be granted in respect of the fishery the amount payable for that licence will be the clearing price determined by the Minister at the close of tenders.\n\t(15)\tIf a person makes a tender that is successful but—\n\t(a)\tthe person fails, within a reasonable time, to make an application for the licence in respect of which his or her tender was accepted; or\n\t(b)\tthe person makes such an application but for any reason does not accept the licence that the Minister is prepared to grant in the person's favour,\nthe person forfeits an amount equal to 10% of the amount tendered on the Minister making a demand on the guarantee referred to in subclause (1).\n\t(16)\tIf a person makes a tender that is not successful, or the tender is successful but the Minister is not prepared to grant the licence in the person's favour, the person does not forfeit the amount of 10% of the amount tendered.\n\t(17)\tIn this Schedule—\nclearing price means an amount equal to the lowest amount that, having regard to the number of licences to be granted in respect of the fishery, would have to be tendered by an applicant to enable that applicant to be a successful applicant.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\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.\nLegislation revoked by principal regulations\nThe Fisheries Management (Miscellaneous Fishery) Regulations 2015 revoked the following:\nFisheries Management (Miscellaneous Fishery) Regulations 2000\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n193\nGazette 13.8.2015 p3807\n1.9.2015: r 2\n2017\n231\nGazette 8.8.2017 p3421\n15.1.2018: r 2\n2020\n322\nGazette 17.12.2020 p5786\n17.12.2020: r 2\n2021\n106\nGazette 1.7.2021 p2612\n1.7.2021: r 2\n2022\n41\nGazette 16.6.2022 p1825\n1.7.2022: r 2\n2022\n42\nGazette 16.6.2022 p1831\n1.10.2022 except r 3—1.11.2022: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n15.1.2018\nr 3\n\n\nr 3(1)\n\n\nDepartment\ninserted by 231/2017 r 4(1)\n15.1.2018\nr 3(3)\nsubstituted by 231/2017 r 4(2)\n15.1.2018\n\nvaried by 106/2021 r 4\n1.7.2021\nr 5A\ninserted by 106/2021 r 5\n1.7.2021\nr 8\n\n\nr 8(2)\nvaried by 231/2017 r 5\n15.1.2018\nr 9 before substitution by 41/2022\n\n\nr 9(1)\n\n\ngiant crab quota entitlement or quota entitlement\nvaried by 231/2017 r 6(1)\n15.1.2018\nquota period\nsubstituted by 322/2020 r 4\n17.12.2020\nunit entitlement\nvaried by 231/2017 r 6(1)\n15.1.2018\nr 9(2)\nvaried by 231/2017 r 6(1)\n15.1.2018\nr 9(4)\nvaried by 231/2017 r 6(2)\n15.1.2018\nr 9(5)\nvaried by 231/2017 r 6(3), (4)\n15.1.2018\nr 9\nsubstituted by 41/2022 r 3\n1.7.2022\nr 9(1)\n\n\nfollowing quota period\ninserted by 42/2022 r 3(1)\n1.11.2022\nr 9(4)\namended by 42/2022 r 3(2)\n1.11.2022\n\n(e) deleted by 42/2022 r 3(2)\n1.11.2022\nr 9(4a)—(4c)\ninserted by 42/2022 r 3(3)\n1.11.2022\nr 9A\ninserted by 41/2022 r 3\n1.7.2022\nr 9A(1)\n\n\nfollowing quota period\ninserted by 42/2022 r 4(1)\n1.10.2022\nr 9A(4)\namended by 42/2022 r 4(2)\n1.10.2022\n\n(e) deleted by 42/2022 r 4(2)\n1.10.2022\nr 9A(4a)—(4c)\ninserted by 42/2022 r 4(3)\n1.10.2022\nr 11\nsubstituted by 231/2017 r 7\n15.1.2018\nr 12\ninserted by 231/2017 r 7\n15.1.2018\nr 13\ninserted by 231/2017 r 7\n15.1.2018\nr 13(6)\namended by 41/2022 r 4\n1.7.2022\nSch 1\nvaried by 231/2017 r 8\n15.1.2018\nSch 2\n\n\ncl 1\n\n\ncl 1(1)\nvaried by 231/2017 r 9(1)\n15.1.2018\ncl 1(1a)\ninserted by 231/2017 r 9(2)\n15.1.2018\nSch 3\nomitted under Legislation Revision and Publication Act 2002\n15.1.2018\nHistorical versions\n15.1.2018\n\n17.12.2020\n\n1.7.2021\n\n1.7.2022\n\n1.10.2022\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its actual provisions","Complexity cannot be meaningfully assessed without access to the text"],"plain_english_summary":"These South Australian regulations (made under the Fisheries Management Act) set rules for the \"Miscellaneous Fishery\" — a catch‑all category for species or methods not covered by other fishery instruments. They affect commercial and recreational fishers and aquaculture operators by prescribing licensing, permitted methods, and limits that control who can fish, how, where, and how much.\n\nThe legislation text was unavailable here; consult legislation.sa.gov.au or contact OPCWeb@sa.gov.au to obtain the full instrument."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2015 regulations appear to have been a relatively straightforward licensing framework for miscellaneous species. However, the legislative history shows significant expansion through amendments in 2017, 2020, 2021, and particularly 2022. The 2022 amendments (Regs 41 and 42) added the entire dual-zone giant crab quota system (regulations 9 and 9A), transforming what was likely a simple input-controlled fishery into a complex output-managed fishery with individual transferable quotas, banking/borrowing provisions, and cross-fishery trading with the rock lobster fishery. This represents a substantial expansion from original 'miscellaneous' licensing purposes into sophisticated resource economics territory."},"complexity_factors":["Parallel regulatory structures: Regulations 9 and 9A are nearly identical but apply to different zones (Northern vs Southern) with different quota periods (1 November vs 1 October start dates), creating duplication and risk of inconsistency","Nested conditional logic in quota calculations: Multiple tiers of exceptions for under-catching (carry-forward provisions) and over-catching (penalty provisions), including sub-paragraphs (i)(A), (i)(B), (ii)(A), (ii)(B) with ministerial discretion at each level","Cross-referencing to external legislation: Heavy reliance on the Fisheries Management (Rock Lobster Fisheries) Regulations 2017 for definitions of zones and quota concepts, meaning this regulation cannot be understood in isolation","Mathematical formula complexity: Quota entitlements calculated as product of 'unit entitlement' × 'unit value', with variations that must be disregarded for certain calculations (reg 9(4a) and 9A(4a))","Temporal complexity: Different commencement dates for quota periods (2021 vs 2022) affecting which carry-forward and penalty rules apply, plus 'exceptional circumstances' provisions allowing ministerial override of percentage caps","Prohibitions on certain transfers: Regulation 9(4c) and 9A(4c) create exceptions to the general transfer rules by blocking applications for units obtained through carry-forward provisions","Competitive tender mechanics: Schedule 2 contains detailed procedural rules for sealed tenders, locked boxes, random selection processes, and clearing price calculations that read like auction house rules","17 defined terms in interpretation section (reg 3), several incorporating external definitions from Commonwealth Corporations Act and AS5300-2019 standard"],"plain_english_summary":"These regulations create and manage the 'Miscellaneous Fishery' in South Australia—a catch-all fishery for aquatic species not covered by other specific fisheries like rock lobster or abalone.\n\n**What it does:**\n- **Establishes the fishery**: Covers all aquatic resources *except* abalone, king prawns, and southern rock lobster (which have their own separate rules).\n- **Licences**: Sets out how people or companies can get a licence to fish in this fishery. The Minister can issue new licences if it won't harm fish stocks, sometimes through a competitive tender (auction) process.\n- **Transfers**: Allows licences to be sold or transferred to others, subject to checks that the new holder is a 'fit and proper person' (basically, someone trustworthy with no serious legal issues).\n- **Giant crab quotas**: Creates a detailed quota system for catching giant crabs in two zones—Northern and Southern—with complex rules about:\n  - How many kilograms each licence holder can catch (based on 'units' allocated to them)\n  - Trading units between licence holders\n  - Carrying over unused quota to the next year (up to 10%, or more in 'exceptional circumstances')\n  - Penalties for over-catching (you lose double the excess from next year's quota if you go over by more than 10%)\n- **Rules for shore-based fishing**: Limits how many agents/helpers a licence holder can use on shore (max 2) and requires the licence holder to stay within 700 metres of them.\n- **Record keeping**: Requires licence holders to submit regular returns (reports) to the Department and keep proper records.\n\n**Who it affects:**\n- Commercial fishers in South Australia who catch species not covered by other specific fisheries\n- Companies involved in commercial fishing\n- People who want to buy or sell fishing licences\n- Specifically, giant crab fishers in the Northern and Southern Zones\n\n**Why it matters:**\nThis is essentially the 'everything else' fishery. Without these regulations, there would be no clear rules for catching many commercially important species. The giant crab provisions are particularly significant because they prevent overfishing through strict catch limits and create a tradable quota system that allows the industry to self-regulate while protecting the resource."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The 2015 regulations, as amended, have broadened and formalised management tools beyond simple licensing. The instrument now contains two zone‑specific individual giant crab quota regimes (r 9 and r 9A) with mechanistic roll‑over and penalty/adjustment rules, explicit linkages allowing unit transfers between this fishery and rock lobster fishery licences (r 9(4)(b); r 9A(4)(b)), and a detailed competitive tender allocation process (Schedule 2). These additions (not present in the basic licensing framework) move the instrument from a generic ‘miscellaneous licence’ regime toward a quota‑based allocation and active entitlement‑management regime, increasing administrative, economic and compliance scope compared with a simple access/licence model."},"complexity_factors":["Two parallel, detailed individual quota regimes (regs 9 and 9A) with different quota period start dates (1 Nov v 1 Oct) and separate adjustment rules","Cross‑references to external instruments and other regulations (Corporations Act definitions, AS5300—2019 fish names standard, and the Fisheries Management (Rock Lobster Fisheries) Regulations 2017)","Nested conditional logic in quota adjustments: under‑catch and over‑catch rules, percentage caps (10%), exceptional‑circumstances exceptions, and exclusion of prior temporary increases when calculating adjustments (r 9(4)–(4c); r 9A(4)–(4c))","Significant Ministerial discretion across functions: issuing licences, setting unit values each quota period, varying conditions and making determinations (r 5; r 9(3); r 9A(3); r 13)","Transfer regime with multiple pre‑conditions including ASIC company extracts, fit and proper tests, and constraints where vessel or other entitlements are involved (r 5A)","Competitive tender procedure with a prescriptive sealed‑envelope process, 10% ADI guarantee, forfeiture rules and a defined ‘clearing price’ mechanism (Schedule 2)","Administrative requirements and penalties: periodic returns, record‑keeping obligations, accessibility/inspection rules and specified penalty/expiation amounts (r 10–12)","Schedule 1’s very broad scope (all aquatic resources except three named species) creates potential interaction with many fisheries and regulatory regimes","Amendment history and staged commencement dates increase interpretive complexity (multiple variations 2017–2022)"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Constitutes the “Miscellaneous Fishery”: it covers all aquatic resources in South Australian State waters except abalone, king prawn and southern rock lobster (Schedule 1). (Sch 1)\n\n- Controls access by licence. The Minister may issue licences when an existing licence is vacated or, if not detrimental to resources, may issue additional licences. The Minister can run a competitive tender to allocate licences under a prescribed sealed‑envelope procedure (reg 5; Sch 2). (r 5; Sch 2)\n\n- Licences are transferable subject to Ministerial consent and conditions. Transfer applications must include the licence, recent returns and, for companies, an ASIC company extract. The Minister must be satisfied about unpaid fees, suspensions, pending prosecutions and that transferees are “fit and proper” persons; transfers involving other Commonwealth/State entitlements (for example vessel entitlements) must be dealt with so they do not create over‑fishing risk or must have concurrence from the other regulator. (r 5A)\n\n- The Minister can impose conditions limiting the class of fishing activities allowed under a licence, and may register boats/devices and masters for use under a licence. Registration and revocation follow forms and documentary requirements. (r 6–8)\n\n- The regulations create individual catch quota systems for giant crab in two separate zones (Northern Zone and Southern Zone). Each licence has a unit entitlement and the Minister sets a unit value (kilograms per unit) for each quota period; quota = units × unit value. The Minister must set the unit value on or before the start of each quota period. Quota periods differ by zone (12 months starting 1 November for Northern, 1 October for Southern). (r 9; r 9A)\n\n- The Minister may vary unit entitlements between licences on joint application (within the fishery, or between this fishery and the relevant Rock Lobster Fishery licence), and may increase or decrease next period’s quota entitlements to reflect under‑ or over‑catch in the previous quota period subject to percentage caps and special exceptions. Variations tied to under/over‑catch are temporary (apply only for the quota period in which varied) and prior variations are disregarded when calculating further adjustments. (r 9(4)–(4c); r 9A(4)–(4c))\n\n- Limits agents working on shore: a licence holder or registered master must be present within 700 m of any shore agent and no more than two shore agents may be engaged at the same time for a licence. Penalties and expiation fees apply. (r 10)\n\n- Licence holders must submit periodic returns and keep records in the manner and for the period the Minister determines; records must be accessible and produced on request. Penalties/expiations apply for non‑compliance. (r 11–12)\n\n- The Minister may make determinations to give effect to regulations (publication and notice requirements apply), although regulations say determinations for rules in r 9, r 9A and Schedule 2 are treated separately. (r 13)\n\n\n**Who is affected**\n\n- Commercial fishers and businesses seeking to operate in the Miscellaneous Fishery (i.e. all species other than Abalone, King Prawn and Southern Rock Lobster) — they require licences and must comply with licence conditions, returns and record‑keeping. (Sch 1; r 5, 11–12)\n\n- Companies that hold or seek to hold licences — directors must meet “fit and proper” tests and company applicants must supply an ASIC company extract on transfer. (r 3; r 5A)\n\n- Existing licence holders in the rock lobster fisheries can be affected where unit entitlements may be shifted between rock lobster licences and Miscellaneous Fishery licences under joint application. (r 9(4)(b); r 9A(4)(b))\n\n- Successful tenderers: persons or businesses that win licences by competitive tender must provide an ADI bank guarantee equal to 10% of the tender and may forfeit it in prescribed circumstances. (Sch 2)\n\n- Shore agents and registered masters: regulation 10 sets who may act and the proximity requirement. (r 10)\n\n\n**Why it matters (official rationale then practical effects and trade‑offs)**\n\n- The instrument gives the Minister procedural and substantive tools to control entry, allocate access and manage catch for a broad class of species that do not sit in the specifically excluded fisheries. Officially this enables sustainable management and orderly allocation of entitlements (r 5; r 9; r 9A). (r 5; r 9; r 9A)\n\n- Practical effects on costs and incentives:\n  - Entry and ownership: competitive tenders, transfer conditions and the need for ASIC extracts create administrative and financial barriers to entry and change of ownership. Tenderers face a required 10% ADI guarantee and may lose it if they fail to proceed (Sch 2 cl 1, 15). (Sch 2)\n  - Ongoing compliance: licence holders incur monitoring costs from required periodic returns and record‑keeping and face penalties/expiation fees for non‑compliance (r 11–12). (r 11–12)\n  - Asset character of entitlements: unit entitlements and quota entitlements are defined quantities that can be varied, transferred between licences (on joint application) and adjusted up or down between quota periods depending on prior catch. This gives licence units asset‑like properties but also subjects them to administrative rebalancing. (r 9(1)–(4c); r 9A(1)–(4c))\n  - Allocation uncertainty: the Minister holds substantial discretion (whether to issue new licences, to set unit values each quota period, and to vary entitlements) which can make long‑term planning and investment less predictable for licence holders. (r 5, r 9(3), r 9A(3), r 13) (See “implementation risk” below.)\n\n- Trade‑offs and opportunity costs:\n  - Concentrated benefit to successful tenderers: the tender system concentrates the right to fish in the hands of paying winners for the number of licences available, while the cost of running the fishery (compliance and monitoring) is borne by licence holders. (Sch 2; r 11–12)\n  - Redistribution of catch rights across zones and fisheries: joint‑application transfers between licences in this fishery and the rock lobster fisheries can shift fishing opportunity between operators and between fisheries (r 9(4)(b); r 9A(4)(b)). This creates substitution effects in fishing effort and may affect market supply and prices for particular species. (r 9(4)(b); r 9A(4)(b))\n\n- Implementation risk and discretion:\n  - The Minister is required to set unit values each quota period and may make determinations and conditions; these powers allow adaptive management but also introduce discretionary decision points that influence economic outcomes for licence holders (r 9(3); r 13). (r 9(3); r 13)\n  - The quota adjustment rules include nested conditions (caps, exceptional‑circumstances carve outs, temporary application of adjustments) that will require administrative systems and timely data to apply correctly. (r 9(4)–(4c); r 9A(4)–(4c))\n\n- Compliance burden and enforcement:\n  - Record‑keeping, returns and registration processes impose recurrent administrative burden (r 7, 11–12). (r 7; r 11–12)\n  - Offences carry monetary penalties and expiation fees; administrative remedies (expiation) are available for certain breaches. (r 10–12)\n\n\n**Concise statement of who pays, who decides, and what behaviour must change**\n\n- Who pays: licence applicants/tenderers (tender amounts and 10% ADI guarantee) and licence holders (fees, record‑keeping costs, possible forfeiture, penalties/expiations). (Sch 2; r 11–12)\n\n- Who decides: the Minister makes allocation decisions (issue, condition, unit value, quota adjustments), and may publish determinations. (r 5; r 9(3); r 13)\n\n- Behaviour changes required: prospective entrants must win licences (by tender or Ministerial grant); licence holders must comply with registration, proximity and agent limits, submit periodic returns, keep records and operate within quota entitlements. Quota holders must monitor catch against entitlements because past under/over‑catch changes next period’s entitlement. (r 5; r 7–12; r 9; r 9A)\n\n\n**Key implementation and economic risks to monitor**\n\n- Administrative complexity in applying quota‑adjustment formulas and differing quota periods across zones (r 9; r 9A).\n- Uncertainty for investment due to wide Ministerial discretion (r 5; r 13).\n- Barriers to entry through tender deposits and transfer pre‑conditions which may concentrate access and raise the effective cost of entry (Sch 2; r 5A).\n\n(References are to the regulation or Schedule and clause quoted.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-miscellaneous-fishery-regulations-2015","history":"/api/acts/fisheries-management-miscellaneous-fishery-regulations-2015/history","analysis":"/api/acts/fisheries-management-miscellaneous-fishery-regulations-2015/analysis","conflicts":"/api/acts/fisheries-management-miscellaneous-fishery-regulations-2015/conflicts","importantCases":"/api/acts/fisheries-management-miscellaneous-fishery-regulations-2015/important-cases","documents":"/api/acts/fisheries-management-miscellaneous-fishery-regulations-2015/documents"}}