{"id":"fisheries-management-prawn-fisheries-regulations-2017","name":"Fisheries Management (Prawn Fisheries) Regulations 2017","slug":"fisheries-management-prawn-fisheries-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235554,"registerId":"sa-fisheries-management-prawn-fisheries-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Prawn Fisheries) Regulations 2017","content":"South Australia\nFisheries Management (Prawn Fisheries) Regulations 2017\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of fisheries\n5\tMaximum number of licences that may be in force\n6\tTransfer of licence\n7\tRegistration\n8\tRevocation of registration\n9\tIndividual fishing nights entitlement scheme—Gulf St. Vincent Prawn Fishery\n10\tTemporary restrictions or prohibitions on certain fishing activities\n11\tCatch and disposal requirements—Gulf St. Vincent Prawn Fishery\n12\tPeriodic returns\n13\tProvision relating to keeping of records\n14\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for prawn fisheries\nPart 1—Aquatic resources prescribed for Gulf St. Vincent & Spencer Gulf Prawn Fisheries\nPart 2—Aquatic resources prescribed for West Coast Prawn Fishery\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2\tEligibility to be granted fishery licence\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Prawn Fisheries) Regulations 2017.\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;\nGDA2020 means the Geocentric Datum of Australia 2020 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;\nGulf St. Vincent means the waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage contained within and bounded by a line commencing at Mean High Water Springs closest to 35°13'26.85\" South, 137°00'00.03\" East, then beginning easterly following the line of Mean High Water Springs to the location closest to 35°39'37.01\" South, 138°13'38.12\" East (Porpoise Head), then south‑westerly to the location on Mean High Water Springs closest to 35°48'06.88\" South, 138°07'29.09\" East (Cape St Albans, Kangaroo Island), then beginning south‑westerly following the line of Mean High Water Springs to the location closest to 35°40'20.02\" South, 137°00'00.03\" East, then northerly to the point of commencement;\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;\noverall length, in relation to a boat, means the horizontal distance between—\n\t(a)\ta perpendicular dropped from the extremity of the bow of the boat or, if a fixture or structure attached to the bow projects beyond the bow, from the extremity of that fixture or structure; and\n\t(b)\ta perpendicular dropped from the extremity of the stern of the boat or, if a fixture or structure attached to the stern projects beyond the stern, from the extremity of that fixture or structure;\nprawn means King Prawn (Merlicertus latisulcatus);\nprawn fishery means—\n\t(a)\tthe Gulf St. Vincent Prawn Fishery; or\n\t(b)\tthe Spencer Gulf Prawn Fishery; or\n\t(c)\tthe West Coast Prawn Fishery,\nconstituted by these regulations;\nSpencer Gulf means the waters of Spencer Gulf north of the geodesic from the location on Mean High Water Springs closest to 34°59'07.10\" South, 136°00'11.09\" East (Cape Catastrophe, Eyre Peninsula) to the location on Mean High Water Springs closest to 35°17'59.55\" South, 136°52'50.14\" East (Cape Spencer, Yorke Peninsula);\nsurveyed length, in relation to a registered boat, means the length as shown on the certificate of survey issued under the Harbors and Navigation Act 1993;\ntrawl net has the same meaning as in the Fisheries Management (General) Regulations 2017;\nWest Coast waters means the waters adjacent to South Australia contained within the meridians of longitude 131° East and 137° East, but does not include the waters of Spencer Gulf north of the geodesic from the location on Mean High Water Springs closest to 34°59'07.10\" South, 136°00'11.09\" East (Cape Catastrophe, Eyre Peninsula) to the location on Mean High Water Springs closest to 35°17'59.55\" South, 136°52'50.14\" East (Cape Spencer, Yorke Peninsula).\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)\tall lines in spatial descriptions are geodesics and coordinates expressed in terms of GDA2020;\n\t(b)\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(c)\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 fisheries\n\t(1)\tThe following fisheries are constituted:\n\t(a)\tthe Gulf St. Vincent Prawn Fishery;\n\t(b)\tthe Spencer Gulf Prawn Fishery;\n\t(c)\tthe West Coast Prawn Fishery.\n\t(2)\tThe Gulf St. Vincent Prawn Fishery consists of—\n\t(a)\tthe taking of prawns in Gulf St. Vincent; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 1 in Gulf St. Vincent where the aquatic resources are taken at the same time in the same net incidentally to the taking of prawns.\n\t(3)\tThe Spencer Gulf Prawn Fishery consists of—\n\t(a)\tthe taking of prawns in Spencer Gulf; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 1 in Spencer Gulf where the aquatic resources are taken at the same time in the same net incidentally to the taking of prawns.\n\t(4)\tThe West Coast Waters Prawn Fishery consists of—\n\t(a)\tthe taking of prawns in the West Coast waters; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 2 in the West Coast waters where the aquatic resources are taken at the same time in the same net incidentally to the taking of prawns.\n5—Maximum number of licences that may be in force\n\t(1)\tThe maximum number of licences that may be in force in respect of the Gulf St. Vincent Prawn Fishery is the number of licences in force in respect of that fishery immediately before the commencement of this regulation.\n\t(2)\tThe maximum number of licences that may be in force in respect of the Spencer Gulf Prawn Fishery is the number of licences in force in respect of that fishery immediately before the commencement of this regulation.\n\t(3)\tThe maximum number of licences that may be in force in respect of the West Coast Prawn Fishery is the number of licences in force in respect of that fishery immediately before the commencement of this regulation.\n6—Transfer of licence\n\t(1)\tLicences in respect of a prawn 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 12 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)\tthat the transfer is to 1 person only;\n\t(e)\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 a prawn fishery;\n\t(f)\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 a prawn fishery;\n\t(g)\tif a registered boat used 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.\n7—Registration\n\t(1)\tAn application by the holder of a licence in respect of a prawn 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)\tThe Minister may only grant an application to register a boat for use under a licence in respect of a prawn fishery if satisfied that—\n\t(a)\tthe overall length of the boat does not exceed 24 metres; and\n\t(b)\tthe continuous brake power rating of the main engine of the boat does not exceed 340 kw; and\n\t(c)\tno other boat is 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 a prawn 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 fishing nights entitlement scheme—Gulf St. Vincent Prawn Fishery\n\t(1)\tIn this regulation—\namalgamated gear means trawl nets set up as a triple rig with an overall headline length not exceeding 43.89 metres;\nclosed season means the period commencing on 1 January in any year and ending on the last day of February in the same year;\nfishery means the Gulf St. Vincent Prawn Fishery;\nfishing night means a night occurring during a prescribed period;\nfishing nights entitlement, in relation to a licence in respect of the fishery and a fishing season, means the maximum number of nights during which the holder of the licence may lawfully take aquatic resources under the licence during that fishing season, being the product of—\n\t(a)\tthe unit entitlement under the licence; and\n\t(b)\tthe unit value for the fishery and the fishing season,\nsubject to any variation applying during that fishing season;\nfishing season means the period comprising prescribed period 1 in any year and the prescribed period 2 ending on 31 October in the following year;\nfollowing fishing season, in relation to a first fishing season and the holder of a licence in respect of the fishery, means the next fishing season during which aquatic resources may be taken by the holder of the licence following the first fishing season;\nnight means the period between sunset on 1 day and sunrise on the next day;\nprescribed period means—\n\t(a)\tprescribed period 1; or\n\t(b)\tprescribed period 2;\nprescribed period 1 means a period commencing on 1 November in any year and ending on 31 December in the same year;\nprescribed period 2 means—\n\t(a)\tthe period that commenced on 1 March 2023 and ending on 31 October 2023; or\n\t(b)\ta period commencing on 1 March in any subsequent year and ending on 31 October in the same year;\nprescribed period 2 (2020) means the prescribed period 2 that ended on 31 July 2020;\nprescribed period 2 (2021) means the prescribed period 2 ending on 31 July 2021;\nprescribed period 2 (2022) means the prescribed period 2 ending on 31 July 2022;\nunit entitlement means the number of fishing night units for the time being allocated to a licence in respect of the fishery;\nunit value means the value of a fishing night unit determined by the Minister for the fishery and a prescribed period in a fishing season.\n\t(2)\tThe Minister will, for the purposes of this regulation, determine—\n\t(a)\tthe total number of nights on which aquatic resources may be lawfully taken by holders of licences in respect of the fishery during a prescribed period in a fishing season; and\n\t(b)\tthe number of fishing night units that are to be required for the holder of a licence in respect of the fishery to lawfully take aquatic resources under the licence on a night during a prescribed period in a fishing season; and\n\t(c)\tthe number of fishing night units that are to be required for the holder of a licence in respect of the fishery to lawfully take aquatic resources under the licence on a night during a prescribed period in a fishing season by using amalgamated gear.\n\t(3)\tThe Minister may, for the purposes of this regulation—\n\t(a)\tdetermine that fishing night units are to be of 2 or more classes; and\n\t(b)\tdetermine, in respect of a particular class of fishing night units, the prescribed period or periods in a fishing season during which aquatic resources may be taken by holders of licences in respect of the fishery.\n\t(4)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing fishing nights entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of any 2 licences in respect of the fishery, the Minister may vary the conditions of the licences 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(ab)\tif the total number of nights on which the holder of the licence in respect of the fishery took aquatic resources during the prescribed period 2 (2020) is less than the fishing nights entitlement under the licence for that prescribed period, the Minister may vary the conditions of the licence so as to increase the fishing nights entitlement for the prescribed period 2 (2021) and the prescribed period 2 (2022) by up to 1 fishing night for every fishing night by which the number of nights fell short of the fishing nights entitlement for the prescribed period 2 (2020);\n\t(b)\ta variation of a unit entitlement under paragraph (a) may be expressed to apply only for the fishing season during which the variation is made;\n\t(c)\tif—\n\t(i)\tfishing night units allocated to a licence in respect of the fishery are of a particular class that allows for the holder of the licence to take aquatic resources under the licence during both prescribed period 1 and prescribed period 2 in a fishing season; and\n\t(ii)\tin respect of the fishing night units of that class—the total number of nights on which the holder of the licence in respect of the fishery took aquatic resources during a fishing season (the first fishing season) (being a fishing season that commenced on or after 1 November 2021) is less than the fishing nights entitlement under the licence for that fishing season in respect of fishing night units of that class, the Minister may vary the conditions of the licence so as to increase the fishing nights entitlement in respect of fishing night units of that class for the following fishing season (the subsequent fishing season) by 1 fishing night for every fishing night by which the number of nights fell short of the fishing nights entitlement for the first fishing season up to—\n\t(A)\t—\n\t•\t10% of the fishing nights entitlement in respect of the fishing night units of that class for the first fishing season; or\n\t•\tsuch lower percentage of the fishing nights entitlement in respect of the fishing night units of that class for the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the subsequent fishing season; or\n\t(B)\tif the Minister is satisfied that exceptional circumstances apply—\n\t•\ta percentage that exceeds 10% of the fishing nights entitlement in respect of fishing night units of that class for the first fishing season; or\n\t•\tsuch other greater number of fishing nights,\nas is determined by the Minister on or before the commencement of the subsequent fishing season;\n\t(d)\tif—\n\t(i)\tfishing night units allocated to a licence in respect of the fishery are of a particular class that allows for the holder of the licence to take aquatic resources under the licence only during prescribed period 2 in a fishing season; and\n\t(ii)\tin respect of the fishing night units of that class—the total number of nights on which the holder of the licence in respect of the fishery took aquatic resources during prescribed period 2 in a fishing season (the first fishing season) (being a fishing season that commenced on or after 1 November 2021) is less than the fishing nights entitlement under the licence for prescribed period 2 in that fishing season in respect of fishing night units of that class, the Minister may vary the conditions of the licence so as to increase the fishing nights entitlement in respect of fishing night units of that class for prescribed period 2 in the following fishing season (the subsequent fishing season) by 1 fishing night for every fishing night by which the number of nights fell short of the fishing nights entitlement for prescribed period 2 in the first fishing season up to—\n\t(A)\t—\n\t•\t10% of the fishing nights entitlement in respect of the fishing night units of that class for prescribed period 2 in the first fishing season; or\n\t•\tsuch lower percentage of the fishing nights entitlement in respect of the fishing night units of that class for prescribed period 2 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the subsequent fishing season; or\n\t(B)\tif the Minister is satisfied that exceptional circumstances apply—\n\t•\ta percentage that exceeds 10% of the fishing nights entitlement in respect of fishing night units of that class for prescribed period 2 in the first fishing season; or\n\t•\tsuch other greater number of fishing nights,\nas is determined by the Minister on or before the commencement of the subsequent fishing season;\n\t(e)\tif the total number of nights on which the holder of a licence in respect of the fishery took aquatic resources during prescribed period 1 in a fishing season (the first fishing season) (being a fishing season that commences on or after 1 November 2022) exceeded the fishing nights entitlement under the licence for that period and that fishing season, the conditions of the licence may be varied so as to decrease the fishing nights entitlement for prescribed period 1 in the following fishing season (the subsequent fishing season) as follows:\n\t(i)\tif the number of fishing nights exceeded the fishing nights entitlement by—\n\t(A)\tan amount not exceeding 10% of the fishing nights entitlement for prescribed period 1 in the first fishing season; or\n\t(B)\tsuch lower percentage of the fishing nights entitlement for prescribed period 1 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,\nby 1 fishing night for each fishing night by which the number of nights exceeded the fishing nights entitlement; or\n\t(ii)\tif the number of fishing nights exceeded the fishing nights entitlement by—\n\t(A)\tan amount greater than 10% of the fishing nights entitlement for prescribed period 1 in the first fishing season; or\n\t(B)\tsuch lower percentage of the fishing nights entitlement for prescribed period 1 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,\nby 2 fishing nights for each fishing night by which the number of nights exceeded the fishing nights entitlement;\n\t(f)\tif the total number of nights on which the holder of a licence in respect of the fishery took aquatic resources during prescribed period 2 in a fishing season (the first fishing season) (being a fishing season that commences on or after 1 November 2022) exceeded the fishing nights entitlement under the licence for that period and that fishing season, the conditions of the licence may be varied so as to decrease the fishing nights entitlement for prescribed period 2 in the following fishing season (the subsequent fishing season) as follows:\n\t(i)\tif the number of fishing nights exceeded the fishing nights entitlement by—\n\t(A)\tan amount not exceeding 10% of the fishing nights entitlement for prescribed period 2 in the first fishing season; or\n\t(B)\tsuch lower percentage of the fishing nights entitlement for prescribed period 2 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,\nby 1 fishing night for each fishing night by which the number of nights exceeded the fishing nights entitlement; or\n\t(ii)\tif the number of fishing nights exceeded the fishing nights entitlement by—\n\t(A)\tan amount greater than 10% of the fishing nights entitlement for prescribed period 2 in the first fishing season; or\n\t(B)\tsuch lower percentage of the fishing nights entitlement for prescribed period 2 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,\nby 2 fishing nights for each fishing night by which the number of nights exceeded the fishing nights entitlement.\n\t(4a)\tIn determining whether to vary the conditions of a licence under subregulation (4)(ab) so as to increase the fishing nights entitlement under the licence for the prescribed period 2 (2022), the Minister must take into account—\n\t(a)\tthe total nights of fishing undertaken by the holder of the licence during the prescribed period 2 (2021); and\n\t(b)\tany increase in the fishing nights entitlement under the licence for the prescribed period 2 (2021).\n\t(4b)\tFor the purposes of subregulation (4)(c)(ii)(A) and (B), the following must be disregarded:\n\t(a)\tany increase in the fishing nights entitlement under a licence applying during a first fishing season as a result of a variation of the fishing nights entitlement under the licence made under subregulation (4)(ab);\n\t(b)\tany increase in the fishing nights entitlement under a licence applying during a first fishing season as a result of a variation of the fishing nights entitlement under the licence previously made under subregulation (4)(c)(ii)(A) or (B).\n\t(4c)\tFor the purposes of subregulation (4)(d)(ii)(A) and (B) and subregulation (4)(f)(i) and (ii), the following must be disregarded:\n\t(a)\tany increase in the fishing nights entitlement under a licence applying during prescribed period 2 in a first fishing season as a result of a variation of the fishing nights entitlement under the licence made under subregulation (4)(ab);\n\t(b)\tany increase in the fishing nights entitlement under a licence applying during prescribed period 2 in a first fishing season as a result of a variation of the fishing nights entitlement under the licence previously made under subregulation (4)(d)(ii)(A) or (B).\n\t(4d)\tFor the purposes of subregulation (4)(e)(i) and (ii), any increase in the fishing nights entitlement under a licence applying during a first fishing season as a result of a variation of the fishing nights entitlement under the licence previously made under subregulation (4)(c)(ii)(A) or (B) must be disregarded.\n\t(4e)\tA variation of a fishing nights entitlement under subregulation (4)(c), (d), (e) or (f) must be expressed to apply only for the fishing season during which the variation is made.\n\t(4f)\tAn application under subregulation (4)(a) may not be made in respect of fishing night units allocated to the licence under subregulation (4)(c) or (4)(d).\n\t(5)\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.\n\t(6)\tThe holder of a licence in respect of the fishery must not engage in a fishing activity under the licence—\n\t(a)\tduring daylight hours; or\n\t(b)\tduring a closed season.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(7)\tThe holder of a licence in respect of the fishery must not engage in a fishing activity under the licence by using amalgamated gear without the approval of the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n10—Temporary restrictions or prohibitions on certain fishing activities\n\t(1)\tThe Minister may, by notice given to each holder of a licence in respect of a prawn fishery in a manner determined by the Minister—\n\t(a)\trestrict or prohibit fishing activities of a specified class during a specified period; or\n\t(b)\tvary or revoke such a restriction or prohibition.\n\t(2)\tA restriction or prohibition under subregulation (1) may be subject to such exceptions and conditions as the Minister thinks fit.\n\t(3)\tA person must not contravene, or fail to comply with, a notice under subregulation (1).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tNotice of a restriction or prohibition imposed under subregulation (1) must be published by the Minister in the Gazette as soon as practicable.\n11—Catch and disposal requirements—Gulf St. Vincent Prawn Fishery\n\t(1)\tThe holder of a licence in respect of the Gulf St. Vincent Prawn Fishery or the registered master of a registered boat from which aquatic resources are taken under such a licence must comply with the following provisions:\n\t(a)\tthe holder of the licence 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 aquatic resources taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or registered master must provide such 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 or registered master must ensure that aquatic resources taken under the licence are 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 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 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.\n12—Periodic returns\n\t(1)\tThe holder of a licence in respect of a prawn 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.\n13—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.\n14—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.\n\t(6)\tThis regulation does not apply in relation to a determination made for the purposes of regulation 9 or 10.\nSchedule 1—Aquatic resources prescribed for prawn fisheries\nPart 1—Aquatic resources prescribed for Gulf St. Vincent & Spencer Gulf Prawn Fisheries\n\nCrustaceans\nBug (Ibacus spp)\nMolluscs\nSouthern Calamari (Sepioteuthis australis)\nPart 2—Aquatic resources prescribed for West Coast Prawn Fishery\n\nCrustaceans\nBug (Ibacus spp)\nMolluscs\nSouthern Calamari (Sepioteuthis australis)\nOctopus (Octopus spp)\nScallop (Family Pectinidae)\nGould's Squid (Nototodarus gouldi)\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2—Eligibility to be granted fishery licence\n\t(1)\tOnly a person who is, immediately before the commencement of this clause, the holder of a licence in respect of the Gulf St. Vincent Prawn Fishery, may make an application under section 54 of the Act for a licence in respect of that fishery.\n\t(2)\tOnly a person who is, immediately before the commencement of this clause, the holder of a licence in respect of the Spencer Gulf Prawn Fishery, may make an application under section 54 of the Act for a licence in respect of that fishery.\n\t(3)\tOnly a person who is, immediately before the commencement of this clause, the holder of a licence in respect of the Western Coast Prawn Fishery, may make an application under section 54 of the Act for a licence in respect of that fishery.\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 (Prawn Fisheries) Regulations 2017 revoked the following:\nFisheries Management (Prawn Fisheries) Regulations 2006\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n233\nGazette 8.8.2017 p3428 \n15.1.2018: r 2\n2020\n323\nGazette 17.12.2020 p5788\n17.12.2020: r 2\n2021\n105\nGazette 1.7.2021 p2610\n1.7.2021: r 2\n2022\n75\nGazette 1.9.2022 p5822\n1.11.2022: r 2\n2023\n20\nGazette 20.4.2023 p807\n1.5.2023: r 2\n2023\n70\nGazette 27.7.2023 p2381\n31.7.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n17.12.2020\nr 3\n\n\nr 3(1)\n\n\nGDA2020\ninserted by 20/2023 r 3(1)\n1.5.2023\nGulf St. Vincent\nsubstituted by 20/2023 r 3(2)\n1.5.2023\nSpencer Gulf\nsubstituted by 20/2023 r 3(3)\n1.5.2023\nWest Coast waters\nsubstituted by 20/2023 r 3(4)\n1.5.2023\nr 3(3)\nvaried by 105/2021 r 4\n1.7.2021\n\namended by 20/2023 r 3(5)\n1.5.2023\nr 7\n\n\nr 7(2)\nvaried by 105/2021 r 5(1), (2)\n1.7.2021\nr 9\n\n\nr 9(1)\n\n\nclosed season\nsubstituted by 70/2023 r 3(1)\n31.7.2023\nfishing season\namended by 70/2023 r 3(2)\n31.7.2023\nfollowing fishing season\ninserted by 75/2022 r 3(1)\n1.11.2022\nprescribed period 1\namended by 70/2023 r 3(3)\n31.7.2023\nprescribed period 2\nsubstituted by 70/2023 r 3(4)\n31.7.2023\nprescribed period 2 (2020)\ninserted by 323/2020 r 4(1)\n17.12.2020\nprescribed period 2 (2021)\ninserted by 323/2020 r 4(1)\n17.12.2020\nprescribed period 2 (2022)\ninserted by 323/2020 r 4(1)\n17.12.2020\nunit value\namended by 75/2022 r 3(2)\n1.11.2022\nr 9(3)\nsubstituted by 75/2022 r 3(3)\n1.11.2022\nr 9(4)\nvaried by 323/2020 r 4(2)\n17.12.2020\n\namended by 75/2022 r 3(4)\n1.11.2022\nr 9(4a)\ninserted by 323/2020 r 4(3)\n17.12.2020\nr 9(4b)—(4f)\ninserted by 75/2022 r 3(5)\n1.11.2022\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n17.12.2020\nHistorical versions\n17.12.2020\n\n1.7.2021\n\n1.11.2022\n\n1.5.2023\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The instrument (and later amendments) revised spatial definitions (substituting GDA2020 coordinates), altered fishing‑season timing and prescribed periods, established a detailed Gulf St. Vincent fishing‑night entitlement regime (with unit values, classes, carry‑overs and caps), and restricted eligibility for new licences in transitional provisions. Relevant changes appear in the definitions and spatial regs (r 3), the entitlement rules (r 9), Schedule 2 Part 2 (eligibility) and the legislative history showing subsequent variations."},"complexity_factors":["Precise spatial definitions using GDA2020 coordinates and geodesic lines","Detailed fishing‑night entitlement scheme with multiple classes, carry‑over, caps and exceptional‑circumstance rules","Significant ministerial discretion (determinations, temporary restrictions, unit values) that can change operational parameters","Licence transfer eligibility criteria including company extracts and fit‑and‑proper tests","Technical registration limits (boat length, engine power, one boat per licence)","Extensive reporting, catch handling and record‑keeping obligations with specified penalties and expiation fees","Transitional provisions and multiple amendments that interact with current rules"],"plain_english_summary":"These regulations create and manage three South Australian prawn fisheries, defining their geographic limits, capping licence numbers, and setting rules for licence transfer and boat registration. They impose an individual fishing‑night entitlement system for Gulf St. Vincent, allow the Minister to set or vary total nights and unit values, and require catch handling, reporting and record‑keeping. Licence‑holders pay fees, meet technical and reporting obligations, comply with night and gear limits, and may be subject to temporary ministerial restrictions that change fishing opportunities administratively."},"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 of this legislation changed from its original intent, as the legislative text was not accessible. The page returned a website error rather than the regulation content."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 'Page Not Found' error","Analysis is impossible without the actual text of the regulations","Complexity score of 1 reflects the absence of content to assess, not the likely complexity of the underlying instrument","Fisheries regulations of this type are typically moderately complex (would likely score 5-7) due to technical definitions, quota mechanisms, and enforcement provisions — but this cannot be confirmed"],"plain_english_summary":"This South Australian regulation (made under the Fisheries Management Act) sets who may fish for prawns and how — licensing, catch limits, permitted gear, seasonal and area closures, and reporting requirements for prawn fishing in SA waters. It primarily affects commercial prawn fishers, industry bodies and regulators. To view the instrument, search \"Fisheries Management (Prawn Fisheries) Regulations 2017\" at legislation.sa.gov.au."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple fishery constitution. The original 2017 version established the three fisheries and basic licensing rules. However, amendments in 2020, 2021, 2022, and 2023 have layered on an increasingly complex 'individual fishing nights entitlement scheme' (Regulation 9) that now includes: COVID-19 era carry-over provisions (2020-2022 specific periods), a 10% cap system with 'exceptional circumstances' overrides, penalty mechanisms for over-fishing (double penalties for exceeding thresholds), and complex 'disregard' rules to prevent double-counting of carried-over nights. The 2023 amendments also updated all spatial coordinates to the GDA2020 datum. What began as a straightforward licensing regime has evolved into a sophisticated tradable quota-style management system with temporal accounting rules comparable to much larger Commonwealth fisheries legislation."},"complexity_factors":["Nested conditional logic in Regulation 9 (Individual fishing nights entitlement scheme) with multiple tiers of exceptions: carry-over provisions vary depending on which 'prescribed period' (seasonal window) applies, whether the fisher under-fished or over-fished, whether 'exceptional circumstances' exist, and specific percentage caps (10% default with ministerial discretion to lower or raise)","Multiple cross-references to external legislation including the Fisheries Management Act 2007, Corporations Act 2001 (Cth), Harbors and Navigation Act 1993, and National Measurement Act 1960 (Cth)","Detailed spatial definitions using GDA2020 geodetic coordinates with specific latitudes/longitudes for fishery boundaries (Gulf St. Vincent, Spencer Gulf, West Coast waters)","Temporal complexity with multiple defined time periods: 'prescribed period 1', 'prescribed period 2', 'prescribed period 2 (2020)', 'prescribed period 2 (2021)', 'prescribed period 2 (2022)', 'fishing season', 'following fishing season', 'closed season', and 'night'","Disregard clauses in subregulations 9(4b), 9(4c), and 9(4d) that require specific previous variations to be ignored when calculating current entitlements, creating a complex accounting system for fishing nights","Dual penalty structure for offences with both maximum penalties and expiation (on-the-spot fine) amounts specified for most violations","Ministerial discretion provisions throughout (determinations, approvals, variations) that create delegated legislative power with procedural requirements for notification and publication"],"plain_english_summary":"This legislation sets the rules for commercial prawn fishing in three specific areas of South Australian waters: Gulf St. Vincent, Spencer Gulf, and the West Coast.\n\n**What it does:**\n- **Creates three distinct fisheries** and defines exactly which waters each covers using precise GPS coordinates.\n- **Caps the number of fishing licences** at whatever existed when these rules started, effectively freezing the number of commercial fishers (no new entrants unless someone sells out).\n- **Sets up a 'fishing nights' trading system** for the Gulf St. Vincent fishery, where licence holders get allocated a limited number of nights they can fish each season. If they don't use all their nights, they can sometimes carry them over; if they overfish, they lose nights the following season.\n- **Restricts boat size and power** — boats can't be longer than 24 metres or have engines over 340 kilowatts.\n- **Controls when fishing happens** — generally only at night (between sunset and sunrise) with a closed season over January and February.\n- **Requires detailed record-keeping** — fishers must track their catch, how it's disposed of, and submit regular returns to the government.\n- **Allows licence transfers** but with strict checks — the buyer must be a 'fit and proper person' (a legal term meaning someone of good character with no serious criminal history), and all fees must be paid up.\n\n**Who it affects:**\n- Commercial prawn fishers operating in South Australia's three prawn fisheries.\n- Companies wanting to buy or sell fishing licences.\n- Boat masters (skippers) working under these licences.\n\n**Why it matters:**\nThis is a classic example of 'rights-based management' in fisheries. By limiting the number of licences and creating a tradeable 'fishing nights' system, the government tries to prevent overfishing while giving fishers flexibility. The detailed rules about boat size, fishing times, and record-keeping are designed to protect prawn stocks and ensure sustainable fishing. The 'grandfathering' clause (only existing licence holders can apply) protects current fishers but makes it nearly impossible for new operators to enter the market."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-prawn-fisheries-regulations-2017","history":"/api/acts/fisheries-management-prawn-fisheries-regulations-2017/history","analysis":"/api/acts/fisheries-management-prawn-fisheries-regulations-2017/analysis","conflicts":"/api/acts/fisheries-management-prawn-fisheries-regulations-2017/conflicts","importantCases":"/api/acts/fisheries-management-prawn-fisheries-regulations-2017/important-cases","documents":"/api/acts/fisheries-management-prawn-fisheries-regulations-2017/documents"}}