{"id":"fisheries-management-rock-lobster-fisheries-regulations-2017","name":"Fisheries Management (Rock Lobster Fisheries) Regulations 2017","slug":"fisheries-management-rock-lobster-fisheries-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235562,"registerId":"sa-fisheries-management-rock-lobster-fisheries-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1\tShort title\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3\tInterpretation\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of fisheries","content":"4\tConstitution of fisheries\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Maximum number of licences that may be in force","content":"5\tMaximum number of licences that may be in force\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of licence","content":"6\tTransfer of licence\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Registration","content":"7\tRegistration\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Revocation of registration","content":"8\tRevocation of registration\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Use of second registered boat","content":"9\tUse of second registered boat\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Restrictions on use of registered boat in Southern Zone","content":"10\tRestrictions on use of registered boat in Southern Zone\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Obligation of registered master to notify Department of use of bait nets","content":"11\tObligation of registered master to notify Department of use of bait nets\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Restrictions on fishing activities during closed season","content":"12\tRestrictions on fishing activities during closed season\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Rock lobster pot entitlements","content":"14\tRock lobster pot entitlements\n","sortOrder":11},{"sectionNumber":"14A","sectionType":"section","heading":"Use of rock lobster pots without escape gaps in Northern Zone","content":"14A\tUse of rock lobster pots without escape gaps in Northern Zone\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Individual rock lobster catch quota system—Northern Zone","content":"15\tIndividual rock lobster catch quota system—Northern Zone\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Individual rock lobster catch quota system—Southern Zone","content":"16\tIndividual rock lobster catch quota system—Southern Zone\n","sortOrder":14},{"sectionNumber":"16A","sectionType":"section","heading":"Individual giant crab catch quota system—Northern Zone","content":"16A\tIndividual giant crab catch quota system—Northern Zone\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Individual giant crab catch quota system—Southern Zone","content":"17\tIndividual giant crab catch quota system—Southern Zone\n","sortOrder":16},{"sectionNumber":"17A","sectionType":"section","heading":"Individual King George whiting catch quota system","content":"17A\tIndividual King George whiting catch quota system\n","sortOrder":17},{"sectionNumber":"17B","sectionType":"section","heading":"Individual snapper catch quota system","content":"17B\tIndividual snapper catch quota system\n","sortOrder":18},{"sectionNumber":"17C","sectionType":"section","heading":"Individual southern calamari catch quota system","content":"17C\tIndividual southern calamari catch quota system\n","sortOrder":19},{"sectionNumber":"17D","sectionType":"section","heading":"Individual southern garfish catch quota system","content":"17D\tIndividual southern garfish catch quota system\n","sortOrder":20},{"sectionNumber":"17E","sectionType":"section","heading":"Restrictions on taking King George whiting, snapper, southern calamari and southern garfish","content":"17E\tRestrictions on taking King George whiting, snapper, southern calamari and southern garfish\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Restriction on taking of vongole and cockles","content":"18\tRestriction on taking of vongole and cockles\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Rock lobster taken in Northern Zone to be landed whole within State","content":"19\tRock lobster taken in Northern Zone to be landed whole within State\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Disposal of rock lobster and giant crab","content":"20\tDisposal of rock lobster and giant crab\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Information to be provided—taking King George Whiting","content":"21\tInformation to be provided—taking King George Whiting\n","sortOrder":25},{"sectionNumber":"21A","sectionType":"section","heading":"Information to be provided—taking snapper","content":"21A\tInformation to be provided—taking snapper\n","sortOrder":26},{"sectionNumber":"21B","sectionType":"section","heading":"Information to be provided—taking southern calamari","content":"21B\tInformation to be provided—taking southern calamari\n","sortOrder":27},{"sectionNumber":"21C","sectionType":"section","heading":"Information to be provided—taking southern garfish","content":"21C\tInformation to be provided—taking southern garfish\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Catch and disposal requirements (rock lobster)—Northern Zone","content":"22\tCatch and disposal requirements (rock lobster)—Northern Zone\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Catch and disposal requirements (rock lobster)—Southern Zone","content":"23\tCatch and disposal requirements (rock lobster)—Southern Zone\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Catch and disposal requirements (giant crab)—Southern Zone","content":"24\tCatch and disposal requirements (giant crab)—Southern Zone\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Catch and disposal requirements—King George whiting","content":"25\tCatch and disposal requirements—King George whiting\n","sortOrder":32},{"sectionNumber":"25A","sectionType":"section","heading":"Catch and disposal requirements—snapper","content":"25A\tCatch and disposal requirements—snapper\n","sortOrder":33},{"sectionNumber":"25B","sectionType":"section","heading":"Catch and disposal requirements—southern calamari","content":"25B\tCatch and disposal requirements—southern calamari\n","sortOrder":34},{"sectionNumber":"25C","sectionType":"section","heading":"Catch and disposal requirements—southern garfish","content":"25C\tCatch and disposal requirements—southern garfish\n26\tKing George whiting, snapper, southern calamari and southern garfish to be delivered or consigned to registered fish processor\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Periodic returns","content":"27\tPeriodic returns\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Victorian licences","content":"28\tVictorian licences\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Sale of rock lobster during closed season","content":"29\tSale of rock lobster during closed season\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Provision relating to keeping of records","content":"30\tProvision relating to keeping of records\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Minister's determinations","content":"31\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for rock lobster fisheries\nPart 1—Aquatic resources prescribed for the purposes of regulation 4(2)(b) and (3)(b)\nPart 2—Aquatic resources prescribed for the purposes of regulation 4(2)(c) and (3)(c)\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n","sortOrder":40},{"sectionNumber":"2","sectionType":"section","heading":"Eligibility to be granted fishery licence","content":"2\tEligibility to be granted fishery licence\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Rock Lobster Fisheries) Regulations 2017.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fisheries Management Act 2007;\nbait net has the same meaning as in the Fisheries Management (General) Regulations 2017;\ncockle means any mollusc of—\n\t(a)\tthe order Veneroida (other than Pipi (Donax spp) or Vongole (Katelysia spp)); or\n\t(b)\tthe genus Anadara;\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 responsible for assisting a Minister in the administration of the Act;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\neligible rock lobster fishery licence means a licence in respect of the Northern Zone Rock Lobster Fishery under which the holder may lawfully take aquatic resources specified in Schedule 1;\ngiant crab means giant crab (Pseudocarcinus gigas);\nKing George whiting means Syllaginodes punctatus;\nKing George whiting fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nMarine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nMean High Water Springs means the line representing the average of all high water observations at the time of spring tide over a period of 19 years;\nmesh net has the same meaning as in the Fisheries Management (General) Regulations 2017;\nNorthern Zone means the waters adjacent to South Australia westerly of a line commencing at Mean High Water Springs closest to 35°37′03.86″ South, 139°00′00.00″ East, then southerly to 36°20′00.00″ South, 139°00′00.00″ East, then westerly to 36°20′00.00″ South, 138°40′00.00″ East, then southerly to 36°40′00.00″ South, 138°40′00.00″ East, then westerly to 36°40′00.00″ South, 138°20′00.00″ East, then southerly to 37°00′00.00″ South, 138°20′00.00″ East, then westerly to 37°00′00.00″ South, 138°00′00.00″ East;\nNorthern Zone Inner Region means those waters of the Northern Zone commencing at the intersection of Mean High Water Springs and 133°53′00″ East, then to position 33°42′00″ South, 133°53′00″ East, then to position 34°44′00″ South, 134°17′00″ East, then to position 35°54′00″ South, 136°23′50″ East, then to position 36°05′00″ South, 136°30′00″ East, then to position 36°30′00″ South, 137°19′00″ East, then to position 36°30′00″ South, 138°40′00″ East, then to position 36°20′00″ South, 138°40′00″ East, then to position 36°20′00″ South, 139°00′00″ East, then north along the meridian of longitude 139°00′00″ East to the intersection of Mean High Water Springs, then following Mean High Water Springs in the generally west, north‑westerly direction to the intersection with the point of commencement;\nNorthern Zone Outer Region means the waters of the Northern Zone that are not within the Northern Zone Inner Region;\nNorthern Zone Region or Region means the Northern Zone Inner Region or the Northern Zone Outer Region;\nprescribed Victorian licence means a Victorian licence that is held by the holder of a licence in respect of the Southern Zone Rock Lobster Fishery as a result of a transfer made before 28 June 1990;\nrevoked regulations means the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;\nrock lobster means Southern Rock Lobster (Jasus edwardsii);\nrock lobster fishery means—\n\t(a)\tthe Northern Zone Rock Lobster Fishery; or\n\t(b)\tthe Southern Zone Rock Lobster Fishery,\nconstituted by these regulations;\nrock lobster pot means a fish trap designed and constructed for the purpose of taking rock lobster;\nrock lobster pot entitlement means the maximum number of rock lobster pots that the holder of a licence in respect of a rock lobster fishery may lawfully use at any 1 time for the purpose of taking rock lobster under the licence;\nsnapper means Chrysophrys auratus;\nsnapper fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nSouth Australian licence means a licence in respect of the Southern Zone Rock Lobster Fishery;\nSouth East Fishing Zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nsouthern calamari means Sepioteuthis australis;\nsouthern calamari fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nsouthern garfish means Hyporhamphus melanochir;\nsouthern garfish fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nSouthern Zone means the waters adjacent to South Australia easterly of a line commencing at Mean High Water Springs closest to 35°37′03.86″ South, 139°00′00.00″ East, then southerly to 36°20′00.00″ South, 139°00′00.00″ East, then westerly to 36°20′00.00″ South, 138°40′00.00″ East, then southerly to 36°40′00.00″ South, 138°40′00.00″ East, then westerly to 36°40′00.00″ South, 138°20′00.00″ East, then southerly to 37°00′00.00″ South, 138°20′00.00″ East, then westerly to 37°00′00.00″ South, 138°00′00.00″ East;\nspouse—a person is the spouse of another if they are legally married;\nVictorian licence means a licence, permit, authority or other entitlement that authorises the holder to take aquatic resources for sale from waters of the State of Victoria that are adjacent to or adjoin the Southern Zone;\nvongole means any mollusc of the genus Katelysia.\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 based on the Geocentric Datum of Australia 1994 (GDA94) as defined in the Commonwealth of Australia Gazette GN35 of 6 September 1995, and all coordinates are expressed in terms of GDA94;\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 Northern Zone Rock Lobster Fishery;\n\t(b)\tthe Southern Zone Rock Lobster Fishery.\n\t(2)\tThe Northern Zone Rock Lobster Fishery consists of—\n\t(a)\tthe taking of rock lobster in the waters of the Northern Zone; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 1 in the waters of the Northern Zone; and\n\t(c)\tthe taking of aquatic resources specified in Schedule 1 Part 2 in the waters of the Northern Zone for the purpose of bait.\n\t(3)\tThe Southern Zone Rock Lobster Fishery consists of—\n\t(a)\tthe taking of rock lobster in the waters of the Southern Zone; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 1 in the waters of the Southern Zone; and\n\t(c)\tthe taking of aquatic resources specified in Schedule 1 Part 2 in the waters of the Southern Zone for the purpose of bait.\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 Northern Zone Rock Lobster 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 Southern Zone Rock Lobster 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 rock lobster 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 27 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 rock lobster 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 rock lobster fishery.\n7—Registration\n\t(1)\tAn application by the holder of a licence in respect of a rock lobster 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 rock lobster fishery if satisfied that—\n\t(a)\tno more than 1 other boat is registered for use under the licence; and\n\t(b)\tthe boat in respect of which the application is made is not already registered for use under a licence in respect of a rock lobster fishery.\n8—Revocation of registration\n\t(1)\tThe Minister may, on application by the holder of a licence in respect of a rock lobster 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—Use of second registered boat\n\t(1)\tIf 2 boats are registered for use under a licence in respect of a rock lobster fishery, the holder of the licence must not use both boats, or cause, suffer or permit both boats to be used, at the same time for taking aquatic resources under the licence unless the use made of 1 of the boats is limited to the setting and retrieval of bait nets and mesh nets.\nMaximum penalty: $5 000.\n\t(2)\tA second registered boat that is being used for the setting and retrieval of nets as referred to in subregulation (1) need not be in the charge of a registered master.\n10—Restrictions on use of registered boat in Southern Zone\n\t(1)\tA registered boat must not be used to take aquatic resources under a licence in respect of the Southern Zone Rock Lobster Fishery (the Fishery) on a particular day if the boat has already been used on that day to take aquatic resources under a Victorian licence.\n\t(2)\tIf a registered boat is to be used to take aquatic resources under a licence in respect of the Fishery or a Victorian licence on a particular day, the Department must be notified in the manner and form, and at such times, as determined by the Minister under which licence the boat is to be on that day.\n\t(3)\tIf a registered boat is used to take aquatic resources on 2 or more consecutive days under the same licence, subregulation (2) need only be complied with in relation to the first day.\n\t(4)\tWhile aquatic resources taken outside waters to which this Act applies are aboard a registered boat—\n\t(a)\tthe boat must not be used to take aquatic resources under a licence in respect of the Fishery; and\n\t(b)\tany aquatic resources taken in the waters of the Fishery must not be stored on the boat.\n\t(5)\tIf a provision of this regulation is contravened or not complied with, the registered owner of the registered boat is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n11—Obligation of registered master to notify Department of use of bait nets\n\t(1)\tThe Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination before a bait net registered for use under a licence in respect of a rock lobster fishery is set in waters from a registered boat used under the licence.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the registered master of the registered boat is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n12—Restrictions on fishing activities during closed season\n\t(3)\tUnless the Minister has, by notice in the Gazette, made a determination to the contrary, the holder of a licence in respect of the Southern Zone Rock Lobster Fishery must not take rock lobster in the Southern Zone during a closed season.\nMaximum penalty: \n\t(a)\tfor a first offence—$10 000;\n\t(b)\tfor a second offence—$20 000;\n\t(c)\tfor a third or subsequent offence—$35 000.\nExpiation fee: $315.\n\t(4)\tUnless the Minister has, by notice in the Gazette, made a determination to the contrary, the holder of a licence in respect of the Southern Zone Rock Lobster Fishery must not set a rock lobster pot in the Southern Zone during a closed season.\nMaximum penalty: \n\t(a)\tfor a first offence—$10 000;\n\t(b)\tfor a second offence—$20 000;\n\t(c)\tfor a third or subsequent offence—$35 000.\nExpiation fee: $315.\n\t(5)\tIn this regulation—\nclosed season means—\n\t(b)\tin relation to the Southern Zone—the period commencing at 1800 hours on 31 May in any year and ending at 0600 hours on the following 1 October.\n14—Rock lobster pot entitlements\n\t(1)\tThe Minister may impose or vary conditions on licences in respect of a rock lobster fishery fixing rock lobster pot entitlements as follows:\n\t(a)\ta rock lobster pot entitlement may be fixed by condition of a licence but must—\n\t(i)\tin the case of a licence in respect of the Northern Zone Rock Lobster Fishery—be not more than 100 and not less than 20;\n\t(ii)\tin the case of a licence in respect of the Southern Zone Rock Lobster Fishery—be not more than 100 and not less than 40;\n\t(b)\tthe rock lobster pot entitlement fixed by any such condition of a licence must be the number endorsed on the licence as the rock lobster pot entitlement under the revoked regulations immediately before the commencement of these regulations subject to any subsequent variation made in accordance with this regulation;\n\t(c)\tthe rock lobster pot entitlements fixed by licence conditions as referred to in this regulation may be increased or decreased on the same proportionate basis for all licences (provided that where in relation to any licence the result of such proportionate variation would be a fractional entitlement, that fractional entitlement is increased to the next highest whole number) if the Minister is satisfied that it is appropriate to do so for the proper management of a rock lobster fishery;\n\t(d)\tsubject to paragraph (e), on joint application made to the Minister by the holders of any 2 licences in respect of the same fishery, the rock lobster pot entitlements under the licences may be varied so as to increase the entitlement under 1 of the licences and decrease the entitlement under the other by a corresponding number;\n\t(e)\ta variation must not be made as referred to in paragraph (d) if it would result in the entitlement under 1 of the licences exceeding the upper limit referred to in paragraph (a);\n\t(f)\ta variation must not be made as referred to in paragraph (d) if it would result in the entitlement under 1 of the licences falling below the lower limit referred to in paragraph (a) unless—\n\t(i)\tthe variation is expressed to apply only until the expiry of the quota period during which the variation is made; or\n\t(ii)\t—\n\t(A)\tthe licence is surrendered to the Minister; and\n\t(B)\tif any boat registered for use under that licence is the subject of, is registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement (other than a prescribed Victorian licence) to take aquatic resources granted under a law of the Commonwealth or a corresponding law—that other licence, permit, authority or entitlement is also surrendered;\n\t(h)\tdespite any other provisions of this regulation, a variation may be made in accordance with paragraph (c) in respect of the Northern Zone Rock Lobster Fishery despite the fact that it would result in the rock lobster pot entitlement under a licence falling below 20 and, in that event, the entitlement under that licence may, until the licence is transferred, continue to be fixed at a number less than 20 but may not be decreased subsequently.\n\t(1a)\tDespite any other provisions of this regulation, if the rock lobster pot entitlement under a licence in respect of the Southern Zone Rock Lobster Fishery was, immediately before the commencement of this subregulation, less than 40, the entitlement under that licence may continue to be fixed at a number less than 40 until—\n\t(a)\tthe licence is transferred to a person who is not a member of the licensee's family; or\n\t(b)\tthe rock lobster pot entitlement under the licence is increased to 40 or more by variation under subregulation (1)(d) (being a variation that applies beyond the quota period during which it is made).\n\t(1b)\tFor the purposes of subregulation (1a), a person is a member of the licensee's family if the person is—\n\t(a)\tthe spouse or domestic partner of the licensee; or\n\t(b)\ta parent or grandparent of the licensee; or\n\t(c)\ta brother or sister, or half‑brother or half‑sister, of the licensee; or\n\t(d)\ta child or grandchild of the licensee; or\n\t(e)\ta child or grandchild of the spouse or domestic partner of the licensee.\n\t(2)\tAn application to vary rock lobster pot 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.\n\t(3)\tThe holder of a licence in respect of the Northern Zone Rock Lobster Fishery must not, for a commercial purpose, engage in a fishing activity of a class that constitutes the Fishery while the rock lobster pot entitlement under the licence is less than 20.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the Southern Zone Rock Lobster Fishery must not, for a commercial purpose, engage in a fishing activity of a class that constitutes the Fishery while the rock lobster pot entitlement under the licence is less than 40.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4a)\tSubregulation (4) does not apply if—\n\t(a)\tthe rock lobster pot entitlement under the licence is fixed at a number less than 40 pursuant to subregulation (1a); and\n\t(b)\tthe rock lobster pot entitlement under the licence is 30 or greater.\n\t(5)\tThe Minister may impose conditions on licences in respect of a rock lobster fishery limiting the number of rock lobster pots that may be carried on boats and otherwise regulating the carrying of rock lobster pots on boats used for fishing activities under the licences.\n\t(6)\tIf a court convicts the holder of a licence in respect of a rock lobster fishery of an offence of contravening a condition of the licence fixing a rock lobster pot entitlement, the court must make an order requiring the Minister to vary the conditions of the licence so as to reduce the rock lobster pot entitlement under the licence by 1 rock lobster pot for each rock lobster pot used in excess of the entitlement.\n14A—Use of rock lobster pots without escape gaps in Northern Zone\n\t(1)\tThe holder of a licence in respect of the Northern Zone Rock Lobster Fishery must not, without the written approval of the Minister, take rock lobster in the Northern Zone using a rock lobster pot that is not fitted with 2 escape gaps that comply with subregulation (4).\nMaximum penalty: \n\t(a)\tfor a first offence—$10 000;\n\t(b)\tfor a second offence—$20 000;\n\t(c)\tfor a third or subsequent offence—$35 000.\nExpiation fee: $500.\n\t(2)\tAn approval under subregulation (1)—\n\t(a)\tmay be made subject to such conditions as the Minister thinks fit; and\n\t(b)\tmay, at any time, be varied or revoked by the Minister (including by varying or revoking a condition of the approval or imposing a further condition).\n\t(3)\tA person must not contravene a condition of the approval.\nMaximum penalty: \n\t(a)\tfor a first offence—$10 000;\n\t(b)\tfor a second offence—$20 000;\n\t(c)\tfor a third or subsequent offence—$35 000.\nExpiation fee: $500.\n\t(4)\tEscape gaps must—\n\t(a)\tbe as near as practicable to 180° apart; and\n\t(b)\tbe kept free of obstructions at all times; and\n\t(c)\tbe not less than 5.7 centimetres high and 28 centimetres wide; and\n\t(d)\tbe not more than 11 centimetres above the base of the pot at their highest point.\n15—Individual rock lobster catch quota system—Northern Zone\n\t(1)\tIn this regulation—\nfishery means the Northern Zone Rock Lobster Fishery;\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which rock lobster may be taken by the holder of the licence following the first quota period;\nquota period—a quota period for the fishery means—\n\t(a)\tthe period commencing on 1 November 2023 and ending on 31 August 2024; or\n\t(b)\tthe period of 12 months commencing on 1 September 2024 or on 1 September in any subsequent year;\nrock lobster quota entitlement or quota entitlement, in relation to a licence in respect of the fishery and a Northern Zone Region, means the maximum number of kilograms of rock lobster that may be lawfully taken by the holder of the licence in that Region during a quota period, being the product of—\n\t(a)\tthe unit entitlement under the licence in respect of that Region; and\n\t(b)\tthe unit value for the Region and that quota period,\nsubject to any variation applying during that quota period;\nunit entitlement means the number of rock lobster units for the time being allocated to a licence in respect of the fishery for a Northern Zone Region.\n\t(2)\tThe Minister must determine the number of kilograms of rock lobster that is to be the value of a rock lobster unit for a Northern Zone Region and each quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing rock lobster quota entitlements as follows:\n\t(a)\tsubject to subregulation (4), on joint application made to the Minister by the holders of any 2 licences, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of a particular Northern Zone Region and decrease the unit entitlement under the other licence in respect of the same Northern Zone Region by a corresponding number of units;\n\t(b)\tif the total catch of rock lobster taken by the holder of a licence in respect of the fishery subject to a condition fixing a rock lobster quota entitlement in respect of a particular Northern Zone Region during a quota period (the first quota period) (being a quota period that commenced on or after 1 November 2021) is less than the rock lobster quota entitlement under the licence for that Region and that quota period, the Minister may vary the conditions of the licence so as to increase the rock lobster quota entitlement in respect of that Region for the following quota period (the subsequent quota period) by 1 kilogram of rock lobster for each kilogram by which the catch fell short of the rock lobster 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(c)\tif the total catch of rock lobster taken by the holder of a licence in respect of the fishery subject to a condition fixing a rock lobster quota entitlement in respect of a particular Northern Zone Region during a quota period (the first quota period) (being a quota period that commences on or after 1 November 2022) exceeded the rock lobster quota entitlement under the licence for that Region and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that Region 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 rock lobster 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 rock lobster for each kilogram taken in excess of the quota entitlement.\n\t(4)\tFor the purposes of—\n\t(a)\tsubregulation (3)(b)(i) and (ii); and\n\t(b)\tsubregulation (3)(c)(i) and (ii),\nany increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(b)(i) or (ii) must be disregarded.\n\t(4a)\tA variation of a quota entitlement under subregulation (3)(b) or (c) must be expressed to apply only for the quota period during which the variation is made.\n\t(4b)\tAn application under subregulation (3)(a) may not be made in respect of rock lobster units allocated to the licence under subregulation (3)(b).\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—\n\t(i)\tthe documents specified in the application form; and\n\t(ii)\tthe prescribed fee.\n\t(6)\tThe holder of a licence in respect of the fishery must not, for a commercial purpose—\n\t(a)\ttake rock lobster in a Northern Zone Region while the number of rock lobster units allocated to the licence in respect of that Region is less than 320; or\n\t(b)\ttake aquatic resources of a kind specified in Schedule 1 in the waters of the fishery while the number of rock lobster units allocated to the licence in respect of the Northern Zone Inner Region is less than 320.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n16—Individual rock lobster catch quota system—Southern Zone\n\t(1)\tIn this regulation—\nthe fishery means the Southern Zone Rock Lobster Fishery;\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which rock lobster may be taken by the holder of the licence following the first quota period;\nquota period—a quota period for the fishery means—\n\t(a)\tthe period that commenced on 1 September 2024 and ends on 31 August 2025; or\n\t(b)\tthe period of 12 months commencing on 1 September 2025 or on 1 September in any subsequent year;\nrock lobster quota entitlement or quota entitlement, in relation to a licence in respect of the fishery, means the maximum number of kilograms of rock lobster that may be lawfully taken by the holder of the licence during a quota period, being the product of—\n\t(a)\tthe unit entitlement under that licence; and\n\t(b)\tthe unit value for the fishery and that quota period,\nsubject to any variation applying during that quota period;\nunit entitlement means the number of rock lobster units for the time being allocated to a licence;\nunit value means the number of kilograms of rock lobster determined by the Minister to be the value of a rock lobster unit for the fishery and a quota period.\n\t(2)\tThe Minister must determine the number of kilograms of rock lobster that is to be the value of a rock lobster unit for the fishery and each quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing rock lobster quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of any 2 licences, 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)\tif the total catch of rock lobster taken by the holder of a licence in respect of the fishery subject to a condition fixing a rock lobster quota entitlement during a quota period (the first quota period) (being a quota period that commenced on or after 15 September 2021) is less than the rock lobster quota entitlement under the licence for that quota period, the Minister may vary the conditions of the licence so as to increase the rock lobster quota entitlement for the following quota period (the subsequent quota period) by 1 kilogram of rock lobster for each kilogram by which the catch fell short of the rock lobster 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(c)\tif the total catch of rock lobster taken by the holder of a licence in respect of the fishery subject to a condition fixing a rock lobster quota entitlement during a quota period (the first quota period) (being a quota period that commences on or after 1 September 2022) exceeded the rock lobster quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement for the following quota period (the subsequent quota period) as follows:\n\t(i)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount not exceeding 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 1 kilogram of rock lobster 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 rock lobster for each kilogram taken in excess of the quota entitlement.\n\t(3a)\tFor the purposes of—\n\t(a)\tsubregulation (3)(b)(i) and (ii); and\n\t(b)\tsubregulation (3)(c)(i) and (ii),\nany increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(b)(i) or (ii) must be disregarded.\n\t(3b)\tA variation of a quota entitlement under subregulation (3)(b) or (c) must be expressed to apply only for the quota period during which the variation is made.\n\t(3c)\tAn application under subregulation (3)(a) may not be made in respect of rock lobster units allocated to the licence under subregulation (3)(b).\n\t(4)\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—\n\t(i)\tthe documents specified in the application form; and\n\t(ii)\tthe prescribed fee.\n16A—Individual giant crab catch quota system—Northern Zone\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the Northern Zone Rock Lobster Fishery, means the next quota period during which giant crab may be taken by the holder of the licence following the first quota period;\ngiant crab quota entitlement or quota entitlement—\n\t(a)\tin relation to a licence in respect of the Northern Zone Rock Lobster Fishery—means the maximum number of kilograms of giant crab that may be lawfully taken by the holder of the licence during a quota period, being the product of—\n\t(i)\tthe unit entitlement under the licence; and\n\t(ii)\tthe unit value for the Fishery 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 Miscellaneous Fishery—has the same meaning as in regulation 9 of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;\nMiscellaneous Fishery means the fishery of that name constituted by the Fisheries Management (Miscellaneous Fishery) Regulations 2015;\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 Northern Zone Rock Lobster Fishery—means the number of giant crab units for the time being allocated to the licence;\n\t(b)\tin relation to a licence in respect of the Miscellaneous Fishery—has the same meaning as in regulation 9 of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;\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 Rock Lobster Fishery and a quota period.\n\t(2)\tThe Minister must determine the number of kilograms of giant crab that is to be the value of a giant crab unit for the Northern Zone Rock Lobster Fishery and each quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the Northern Zone Rock Lobster Fishery or the Miscellaneous Fishery fixing giant crab quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition 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 the holder of a licence in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement (the first licence) and the holder of a licence in respect of the Miscellaneous Fishery subject to a condition fixing a giant crab quota entitlement in respect of the Northern Zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under that licence and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of the Northern Zone by a corresponding number of units; or\n\t(ii)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under that licence and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of the Northern Zone 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 Northern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement 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 quota period, the Minister may vary the conditions of the licence so as to increase the giant crab quota entitlement 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 Northern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement 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 quota period, the conditions of the licence may be varied so as to decrease the quota entitlement for the following quota period (the subsequent quota period) as follows:\n\t(i)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount not exceeding 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 1 kilogram of 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(3a)\tFor the purposes of—\n\t(a)\tsubregulation (3)(c)(i) and (ii); and\n\t(b)\tsubregulation (3)(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 (3)(c)(i) or (ii) must be disregarded.\n\t(3b)\tA variation of a quota entitlement under subregulation (3)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.\n\t(3c)\tAn application under subregulation (3)(a) or (b)(i) may not be made in respect of giant crab units allocated to the licence under subregulation (3)(c).\n\t(4)\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—\n\t(i)\tthe documents specified in the application form; and\n\t(ii)\tthe prescribed fee.\n17—Individual giant crab catch quota system—Southern Zone\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the Southern Zone Rock Lobster Fishery, means the next quota period during which giant crab may be taken by the holder of the licence following the first quota period;\ngiant crab quota entitlement or quota entitlement—\n\t(a)\tin relation to a licence in respect of the Southern Zone Rock Lobster Fishery—means the maximum number of kilograms of giant crab that may be lawfully taken by the holder of the licence during a quota period, being the product of—\n\t(i)\tthe unit entitlement under the licence; and\n\t(ii)\tthe unit value for the Fishery 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 Miscellaneous Fishery—has the same meaning as in regulation 9A of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;\nMiscellaneous Fishery means the fishery of that name constituted by the Fisheries Management (Miscellaneous Fishery) Regulations 2015;\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 Southern Zone Rock Lobster Fishery—means the number of giant crab units for the time being allocated to the licence;\n\t(b)\tin relation to a licence in respect of the Miscellaneous Fishery—has the same meaning as in regulation 9A of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;\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 Rock Lobster Fishery and a quota period.\n\t(2)\tThe Minister must determine the number of kilograms of giant crab that is to be the value of a giant crab unit for the Southern Zone Rock Lobster Fishery and each quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the Southern Zone Rock Lobster Fishery or the Miscellaneous Fishery fixing giant crab quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition 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 the holder of a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement (the first licence) and the holder of a licence in respect of the Miscellaneous Fishery subject to a condition fixing a giant crab quota entitlement in respect of the Southern Zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under that licence and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of the Southern Zone by a corresponding number of units; or\n\t(ii)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under that licence and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of the Southern Zone 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 Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement 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 quota period, the Minister may vary the conditions of the licence so as to increase the giant crab quota entitlement 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 Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement 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 quota period, the conditions of the licence may be varied so as to decrease the quota entitlement for the following quota period (the subsequent quota period) as follows:\n\t(i)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount not exceeding 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 1 kilogram of 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(3a)\tFor the purposes of—\n\t(a)\tsubregulation (3)(c)(i) and (ii); and\n\t(b)\tsubregulation (3)(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 (3)(c)(i) or (ii) must be disregarded.\n\t(3b)\tA variation of a quota entitlement under subregulation (3)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.\n\t(3c)\tAn application under subregulation (3)(a) or (b)(i) may not be made in respect of giant crab units allocated to the licence under subregulation (3)(c).\n\t(4)\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—\n\t(i)\tthe documents specified in the application form; and\n\t(ii)\tthe prescribed fee.\n17A—Individual King George whiting catch quota system\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of a rock lobster fishery, means the next quota period during which King George whiting may be taken by the holder of the licence following the first quota period;\nKing George whiting quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a King George whiting fishing zone, means the maximum number of kilograms of King George whiting that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—\n\t(a)\tthe unit entitlement under that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nunit entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a King George whiting fishing zone, means the number of King George whiting units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of King George whiting determined by the Minister to be the value of a King George whiting unit for a King George whiting fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each King George whiting fishing zone; and\n\t(b)\tdetermine the number of kilograms of King George whiting that is to be the value of a King George whiting unit for each King George whiting fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which King George whiting units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a King George whiting quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional King George whiting units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of King George whiting that is to be the value of a King George whiting unit for each King George whiting fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a King George whiting unit in relation to a particular King George whiting fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing King George whiting quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of a rock lobster fishery fixing a King George whiting quota entitlement;\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that King George whiting fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that King George whiting fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;\n\t(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a King George whiting quota entitlement in respect of that zone (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 that zone; and\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a King George whiting quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of King George whiting taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the King George whiting quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the King George whiting quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of King George whiting for each kilogram by which the catch fell short of the King George whiting 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(g)\tif the total catch of King George whiting taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the King George whiting quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing 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 King George whiting 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 King George whiting for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii)); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b), (c), (d) or (e) may not be made in respect of King George whiting units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n17B—Individual snapper catch quota system\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of a rock lobster fishery, means the next quota period during which snapper may be taken by the holder of the licence following the first quota period;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nsnapper quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a snapper fishing zone, means the maximum number of kilograms of snapper that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—\n\t(a)\tthe unit entitlement under that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nunit entitlement, in relation to a licence under a rock lobster fishery or the Marine Scalefish Fishery and a snapper fishing zone, means the number of snapper units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of snapper determined by the Minister to be the value of a snapper unit for a snapper fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each snapper fishing zone; and\n\t(b)\tdetermine the number of kilograms of snapper that is to be the value of a snapper unit for each snapper fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which snapper units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a snapper quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional snapper units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of snapper that is to be the value of a snapper unit for each snapper fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a snapper unit in relation to a particular snapper fishing zone. \n\t(5)\tThe Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing snapper quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of a rock lobster fishery fixing a snapper quota entitlement;\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of a Northern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that snapper fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of a Southern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that snapper fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of the South East Fishing Zone and the holder of a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of that Zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of the South East Fishing Zone and decrease the unit entitlement under the other licence in respect of that Zone by a corresponding number of units;\n\t(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;\n\t(f)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a snapper quota entitlement in respect of that zone (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 that zone; and\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a snapper quota entitlement in respect of that zone may be imposed on that licence;\n\t(g)\tif the total catch of snapper taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the snapper quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the snapper quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of snapper for each kilogram by which the catch fell short of the snapper 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(h)\tif the total catch of snapper taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the snapper quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing 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 snapper 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 snapper for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(g)(i) and (ii); and\n\t(b)\tsubregulation (5)(h)(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 (5)(g)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(g) or (h) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b), (c), (d), (e) or (f) may not be made in respect of snapper units allocated to the licence under subregulation (5)(g).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n17C—Individual southern calamari catch quota system\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of a rock lobster fishery, means the next quota period during which southern calamari may be taken by the holder of the licence following the first quota period;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nsouthern calamari quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a southern calamari fishing zone, means the maximum number of kilograms of southern calamari that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—\n\t(a)\tthe unit entitlement under that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nunit entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a southern calamari fishing zone means the number of southern calamari units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of southern calamari determined by the Minister to be the value of a southern calamari unit for a southern calamari fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each southern calamari fishing zone; and\n\t(b)\tdetermine the number of kilograms of southern calamari that is to be the value of a southern calamari unit for each southern calamari fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which southern calamari units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a southern calamari quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional southern calamari units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of southern calamari that is to be the value of a southern calamari unit for each southern calamari fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a southern calamari unit in relation to a particular southern calamari fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing southern calamari quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of a rock lobster fishery fixing a southern calamari quota entitlement;\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern calamari fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern calamari fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;\n\t(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a southern calamari quota entitlement in respect of that zone (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 that zone; and\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a southern calamari quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of southern calamari taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the southern calamari quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the southern calamari quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of southern calamari for each kilogram by which the catch fell short of the southern calamari 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(g)\tif the total catch of southern calamari taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the southern calamari quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing 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 southern calamari 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 southern calamari for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b), (c), (d) or (e) may not be made in respect of southern calamari units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n17D—Individual southern garfish catch quota system\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of a rock lobster fishery, means the next quota period during which southern garfish may be taken by the holder of the licence following the first quota period;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nsouthern garfish quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster licence or the Marine Scalefish Fishery and a southern garfish fishing zone, means the maximum number of kilograms of southern garfish that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—\n\t(a)\tthe unit entitlement under that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nunit entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a southern garfish fishing zone, means the number of southern garfish units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of southern garfish determined by the Minister to be the value of a southern garfish unit for a southern garfish fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each southern garfish fishing zone; and\n\t(b)\tdetermine the number of kilograms of southern garfish that is to be the value of a southern garfish unit for each southern garfish fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which southern garfish units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a southern garfish quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional southern garfish units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of southern garfish that is to be the value of a southern garfish unit for each southern garfish fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a southern garfish unit in relation to a particular southern garfish fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing southern garfish quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of a rock lobster fishery fixing a southern garfish quota entitlement;\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern garfish fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern garfish fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;\n\t(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a southern garfish quota entitlement in respect of that zone (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 that zone; and\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a southern garfish quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of southern garfish taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the southern garfish quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the southern garfish quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of southern garfish for each kilogram by which the catch fell short of the southern garfish 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(g)\tif the total catch of southern garfish taken by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the southern garfish quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing 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 southern garfish 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 southern garfish for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b), (c), (d) or (e) may not be made in respect of southern garfish units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n17E—Restrictions on taking King George whiting, snapper, southern calamari and southern garfish\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery must not take King George whiting in a King George whiting fishing zone for a commercial purpose unless the licence is subject to a condition fixing a King George whiting quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe holder of a licence in respect of a rock lobster fishery must not take snapper in a snapper fishing zone for a commercial purpose unless the licence is subject to a condition fixing a snapper quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of a rock lobster fishery must not take southern calamari in a southern calamari fishing zone for a commercial purpose unless the licence is subject to a condition fixing a southern calamari quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of a rock lobster fishery must not take southern garfish in a southern garfish fishing zone for a commercial purpose unless the licence is subject to a condition fixing a southern garfish quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n18—Restriction on taking of vongole and cockles\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery must not take vongole under the licence unless—\n\t(a)\tthe vongole are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and\n\t(b)\tthe number of vongole taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of vongole that may be taken in any 1 day for that purpose.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe holder of a licence in respect of a rock lobster fishery must not, on any 1 day, take a number of cockles under the licence exceeding the number fixed by condition of the licence as the maximum number of cockles that may be taken in any 1 day.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n19—Rock lobster taken in Northern Zone to be landed whole within State\nThe holder of a licence in respect of the Northern Zone Rock Lobster Fishery must ensure that rock lobster taken under the licence—\n\t(a)\tis landed whole; and\n\t(b)\tis landed within the State.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n20—Disposal of rock lobster and giant crab\n\t(1)\tSubject to subregulation (2), the holder of a licence in respect of a rock lobster fishery must ensure that all rock lobster and giant crab taken under the licence are consigned or delivered to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tIf a rock lobster is found to be dead when it is landed, the holder of the licence may retain the dead landed rock lobster for a non‑commercial purpose, provided that there are no more than 2 such rock lobster at any time on the boat on which they are landed and—\n\t(a)\tin the case of the holder of a licence in respect of the Northern Zone Rock Lobster Fishery—the total number of such rock lobster retained by the holder of the licence—\n\t(i)\tin the period that commences on the day on which this subregulation comes into operation and ends on 31 August 2025; or\n\t(ii)\tin the quota period for the fishery (within the meaning of regulation 15(1)) commencing on 1 September 2025 or on 1 September in any subsequent year,\ndoes not exceed 30; or\n\t(b)\tin the case of the holder of a licence in respect of the Southern Zone Rock Lobster Fishery—the total number of such rock lobster retained by the holder of the licence—\n\t(i)\tin the period that commences on the day on which this subregulation comes into operation and ends on 31 August 2025; or\n\t(ii)\tin the quota period for the fishery (within the meaning of regulation 16(1)) commencing on 1 September 2025 or on 1 September in any subsequent year,\ndoes not exceed 30.\n21—Information to be provided—taking King George Whiting\n\t(1)\tIf fishing activities involving the taking of King George whiting under a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n21A—Information to be provided—taking snapper\n\t(1)\tIf fishing activities involving the taking of snapper under a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n21B—Information to be provided—taking southern calamari\n\t(1)\tIf fishing activities involving the taking of southern calamari under a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n21C—Information to be provided—taking southern garfish\n\t(1)\tIf fishing activities involving the taking of southern garfish under a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n22—Catch and disposal requirements (rock lobster)—Northern Zone\n\t(1)\tThe holder of a licence in respect of the Northern Zone Rock Lobster Fishery or the registered master of a registered boat from which rock lobster is taken under such a licence must—\n\t(a)\tnotify the Department, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination, before the rock lobster is removed from the boat; and\n\t(b)\tnotify the Department of any changes in the information notified under paragraph (a) as determined by the Minister, in the manner and form and in accordance with the requirements specified by the Minister in the determination.\n\t(2)\tThe holder of a licence in respect of the Northern Zone Rock Lobster Fishery or the registered master of a registered boat from which rock lobster is taken under such a licence must comply with the following provisions in respect of rock lobster taken under the licence:\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 rock lobster taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or registered master must ensure that rock lobster taken under the licence is weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.\n\t(3)\tIf a determination of the Minister made for the purposes of subregulation (1) or (2) 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(4)\tThe holder of a licence in respect of the Northern Zone Rock Lobster Fishery must keep records made under subregulation (2) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n23—Catch and disposal requirements (rock lobster)—Southern Zone\n\t(1)\tUnless the rock lobster is to be weighed at a certification station nominated by the Minister by notice in the Gazette between the hours specified in the notice, if rock lobster is taken under a South Australian licence, the holder of the licence or the registered master of the registered boat from which the rock lobster is taken must—\n\t(a)\tnotify the Department in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination, before the rock lobster is removed from the boat; and\n\t(b)\tnotify the Department of any changes in the information notified under paragraph (a) as determined by the Minister, in the manner and form and in accordance with the requirements specified by the Minister in the determination.\n\t(2)\tThe holder of a South Australian licence or the registered master of a registered boat used under a South Australian 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 rock lobster taken under the licence as determined by the Minister;\n\t(b)\tif rock lobster taken under a Victorian licence is on board a registered boat used under the South Australian licence when the boat enters the Southern Zone, the holder of the South Australian licence or registered master of a registered boat used under the South Australian licence 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 rock lobster taken under the Victorian licence as determined by the Minister;\n\t(c)\tthe holder of the licence or registered master must provide the information recorded under paragraph (a) or (b) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(d)\tthe holder of the licence or registered master must ensure that rock lobster taken under the licence or a Victorian licence is weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.\n\t(3)\tIf a determination of the Minister made for the purposes of subregulation (1) or (2) 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(4)\tThe holder of a licence in respect of the Southern Zone Rock Lobster Fishery must keep records made under subregulation (2) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n24—Catch and disposal requirements (giant crab)—Southern Zone\n\t(1)\tUnless the giant crab is to be weighed at a certification station nominated by the Minister by notice in the Gazette between the hours specified in the notice, if giant crab is taken under a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement, the holder of the licence or the registered master of the registered boat from which the giant crab is taken must—\n\t(a)\tnotify the Department in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination, before the giant crab is removed from the registered boat from which it was taken; and\n\t(b)\tnotify the Department of any changes in the information notified under paragraph (a) as determined by the Minister, in the manner and form and in accordance with the requirements specified by the Minister in the determination.\n\t(2)\tThe holder of a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement or the registered master of a registered boat used to take giant crab 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 giant crab taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or registered master must ensure that giant crab taken under the licence is weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.\n\t(3)\tIf a determination of the Minister made for the purposes of subregulation (1) or (2) 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(4)\tThe holder of a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement must keep records made under subregulation (2) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n25—Catch and disposal requirements—King George whiting\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of King George whiting taken under the licence:\n\t(a)\tthe holder of the licence or the 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 King George whiting taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or the registered master must ensure that King George whiting 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n25A—Catch and disposal requirements—snapper\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of snapper taken under the licence:\n\t(a)\tthe holder of the licence or the 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 snapper taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or the registered master must ensure that snapper 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n25B—Catch and disposal requirements—southern calamari\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of southern calamari taken under the licence:\n\t(a)\tthe holder of the licence or the 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 southern calamari taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or the registered master must ensure that southern calamari 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n25C—Catch and disposal requirements—southern garfish\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of southern garfish taken under the licence:\n\t(a)\tthe holder of the licence or the 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 southern garfish taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or the registered master must ensure that southern garfish 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n26—King George whiting, snapper, southern calamari and southern garfish to be delivered or consigned to registered fish processor\n\t(1)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement must ensure that all King George whiting taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement must ensure that all snapper taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement must ensure that all southern calamari taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement must ensure that all southern garfish taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n27—Periodic returns\n\t(1)\tThe holder of a licence in respect of a rock lobster 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.\n28—Victorian licences\nA person who is the holder of a licence in respect of the Southern Zone Rock Lobster Fishery must—\n\t(a)\tif the person becomes the holder of a Victorian licence, notify the Department in the manner and form, and within such time, as determined by the Minister; or\n\t(b)\tif the person ceases to hold a Victorian licence, notify the Department in the manner and form, and within such time, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n29—Sale of rock lobster during closed season\n\t(1)\tUnless the Minister has, by notice in the Gazette, made a determination to the contrary, the holder of a licence in respect of the Southern Zone Rock Lobster Fishery must not sell live rock lobster during the period commencing at 1800 hours on 31 May in any year and ending at 0600 hours on the following 1 October.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tIt is a defence to a charge of an offence against subregulation (1) if the defendant proves that the defendant did not take the rock lobster to which the charge relates in the Southern Zone.\n30—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.\n31—Minister's determinations\n\t(1)\tThe Minister may make a determination for the purposes of a regulation.\n\t(2)\tA determination may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which it is expressed to apply.\n\t(3)\tIf the Minister makes a determination for the purposes of a regulation, notice of the determination—\n\t(a)\tmust be published on the Department's website; and\n\t(b)\tmay also be published in the Gazette.\n\t(4)\tAs soon as practicable after a determination of the Minister is made, a notice in writing setting out the date on which notice of the determination is published and the terms of the determination must be given to the persons bound by the determination in a manner and form that, in the opinion of the Minister, will bring the determination to the attention of those persons.\n\t(5)\tThe Minister may, by further determination, vary or revoke a determination.\n\t(6)\tThis regulation does not apply in relation to a determination made for the purposes of regulation 12, 15, 16, 16A, 17, 17A, 17B, 17C or 17D.\n","sortOrder":41},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Aquatic resources prescribed for rock lobster fisheries","content":"Schedule 1—Aquatic resources prescribed for rock lobster fisheries\n","sortOrder":42},{"sectionNumber":"Part 1","sectionType":"part","heading":"Aquatic resources prescribed for the purposes of regulation 4(2)(b) and (3)(b)","content":"Part 1—Aquatic resources prescribed for the purposes of regulation 4(2)(b) and (3)(b)\n\nAnguilliformes\nConger Eel (Family Congridae)\nAnnelids\nBeachworm (Class Polychaeta)\nBloodworm (Class Polychaeta)\nTubeworm (Class Polychaeta)\nCrustaceans\nEastern Rock Lobster (Sagmariasus verreauxi)\nGiant Crab (Pseudocarcinus gigas)\nRock Crab (Nectocarcinus integrifons)\nSpider Crab (Family Majidae)\nVelvet Crab (Nectocarcinus tuberculosus)\nMolluscs\nSouthern Calamari (Sepioteuthis australis)\nCockle\nCuttlefish (Sepia spp)\nMussel (Mytilus spp)\nOctopus (Octopus spp)\nOyster (Family Ostreidae)\nScallop (Family Pectinidae)\nGould's Squid (Notodarus gouldi)\nScalefish\nBarracouta (Thyrsites atun)\nBlack Bream (Acanthopagrus butcheri)\nCod (marine species) (Family Moridae)\nDory (Family Zeidae)\nSilver Drummer (Kyphosus sydneyanus)\nFlathead (Family Platycephalidae)\nFlounder (Family Bothidae or Pleuronectidae)\nSouthern Garfish (Hyporhamphus melanochir)\nBluespotted Goatfish (Upeneichthys vlamingii)\nAustralian Herring (Arripis georgianus)\nKnifejaw (Oplegnathus woodwardi)\nLeatherjacket (Family Monacanthidae)\nPink Ling (Genypterus blacodes)\nBlue Mackerel (Scomber australasicus)\nCommon Jack Mackerel (Trachurus declivis)\nMorwong (Family Cheilodactylidae)\nMullet of all species (Family Mugilidae)\nMulloway (Argyrosomus japonicus)\nRedfish (Centroberyx affinis)\nBight Redfish (Centroberyx gerrardi)\nWest Australian Salmon (Arripis truttaceus)\nSergeant Baker (Latropiscis purpurissatus)\nSnapper (Chrysophrys auratus)\nSnook (Sphyraena novaehollandiae)\nSouthern Sole (Aseraggodes haackeanus)\nSea Sweep (Scorpis aequipinnis)\nSwallowtail (Centroberyx lineatus)\nBlue-eye Trevalla (Hyperoglyphe antarctica)\nTrevally (Carangidae spp)\nWhiting (Family Sillaginidae)\nBlue Weed‑Whiting (Haletta semifasciata)\nWrasse (Labridae) (other than Western Blue Groper (Achoerodus gouldii))\nSharks\nRays of all species (Class Elasmobranchii)\nShark of all species (Class Elasmobranchii) other than White Shark (Carcharodon carcharias)\nSkate of all species (Class Elasmobranchii)\nPart 2—Aquatic resources prescribed for the purposes of regulation 4(2)(c) and (3)(c)\n\nMolluscs\nRazorfish (Pinna bicolor)\nVongole\nScalefish\nAustralian Anchovy (Engraulis australis)\nAustralian Sardine (Sardinops sagax)\n","sortOrder":43},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n","sortOrder":44},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions","content":"Part 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 Northern Zone Rock Lobster 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 Southern Zone Rock Lobster 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 (Rock Lobster Fisheries) Regulations 2017 revoked the following:\nFisheries Management (Rock Lobster Fisheries) Regulations 2006\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n235\nGazette 8.8.2017 p3442 \n15.1.2018: r 2\n2019\n196\nGazette 1.8.2019 p2913\n1.8.2019: r 2\n2020\n67\nGazette 21.5.2020 p2461\n21.5.2020: r 2\n2020\n263\nGazette 27.8.2020 p4412\n27.8.2020: r 2\n2020\n324\nGazette 17.12.2020 p5790\n17.12.2020: r 2\n2021\n88\nGazette 24.6.2021 p2312\n1.7.2021: r 2\n2022\n38\nGazette 16.6.2022 p1799\n1.7.2022: r 2\n2022\n39\nGazette 16.6.2022 p1813\n1.9.2022 except r 6—1.10.2022 and except rr 3 & 5—1.11.2022: r 2\n2023\n19\nGazette 20.4.2023 p803\n1.5.2023: r 2\n2023\n71\nGazette 27.7.2023 p2383\n31.8.2023 except rr 3 & 4—1.11.2023: r 2\n2024\n122\nGazette 12.12.2024 p4655\n1.1.2025: 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\n1.8.2019\nr 3\n\n\nr 3(1)\n\n\ndomestic partner\ninserted by 196/2019 r 4(1)\n1.8.2019\nKing George whiting\ninserted by 88/2021 r 4(1)\n1.7.2021\nKing George whiting fishing zone\ninserted by 88/2021 r 4(1)\n1.7.2021\nmarine scalefish fishery\ndeleted by 88/2021 r 4(2)\n1.7.2021\nMarine Scalefish Fishery\ninserted by 88/2021 r 4(2)\n1.7.2021\nsnapper\ninserted by 88/2021 r 4(3)\n1.7.2021\nsnapper fishing zone\ninserted by 88/2021 r 4(3)\n1.7.2021\nSouth East Fishing Zone\ninserted by 38/2022 r 3\n1.7.2022\nsouthern calamari\ninserted by 88/2021 r 4(4)\n1.7.2021\nsouthern calamari fishing zone\ninserted by 88/2021 r 4(4)\n1.7.2021\nsouthern garfish\ninserted by 88/2021 r 4(4)\n1.7.2021\nsouthern garfish fishing zone\ninserted by 88/2021 r 4(4)\n1.7.2021\nspouse\ninserted by 196/2019 r 4(2)\n1.8.2019\nvongole fishing zone\ndeleted by 88/2021 r 4(5)\n1.7.2021\nvongole quota entitlement\ndeleted by 88/2021 r 4(5)\n1.7.2021\nr 3(3)\nvaried by 88/2021 r 4(6)\n1.7.2021\nr 4\n\n\nr 4(2)\nvaried by 88/2021 r 5(1), (2)\n1.7.2021\nr 4(3)\nvaried by 88/2021 r 5(3), (4)\n1.7.2021\nr 12\n\n\nr 12(1) and (2)\ndeleted by 71/2023 r 3(1)\n1.11.2023\nr 12(3)\nsubstituted by 67/2020 r 4\n21.5.2020\nr 12(4)\ninserted by 67/2020 r 4\n21.5.2020\nr 12(5)\ninserted by 67/2020 r 4\n21.5.2020\nclosed season\n(a) deleted by 71/2023 r 3(2)\n1.11.2023\nr 13 before deletion by 88/2021\n\n\nr 13(1)\n\n\nquota period 2019-2020\ninserted by 263/2020 r 4(1)\n27.8.2020\nquota period 2020-2021\ninserted by 263/2020 r 4(1)\n27.8.2020\nquota period 2021-2022\ninserted by 263/2020 r 4(1)\n27.8.2020\nr 13(3)\nvaried by 263/2020 r 4(2)\n27.8.2020\nr 13(3a)\ninserted by 263/2020 r 4(3)\n27.8.2020\nr 13\ndeleted by 88/2021 r 6\n1.7.2021\nr 14\n\n\nr 14(1)\nvaried by 196/2019 r 5(1)\n1.8.2019\n\n(g) deleted by 196/2019 r 5(2)\n1.8.2019\nr 14(1a) and (1b)\ninserted by 196/2019 r 5(3)\n1.8.2019\nr 14(4a)\ninserted by 196/2019 r 5(4)\n1.8.2019\nr 14A\ninserted by 19/2023 r 3\n1.5.2023\nr 15\n\n\nr 15(1)\n\n\nfollowing quota period\ninserted by 39/2022 r 3(1)\n1.11.2022\nquota period\nsubstituted by 71/2023 r 4\n1.11.2023\nquota period 2019-2020\ninserted by 67/2020 r 5(1)\n21.5.2020\n\ndeleted by 122/2024 r 3(1)\n1.1.2025\nquota period 2020-2021\ninserted by 67/2020 r 5(1)\n21.5.2020\n\ndeleted by 122/2024 r 3(1)\n1.1.2025\nquota period 2021-2022\ninserted by 67/2020 r 5(1)\n21.5.2020\n\ndeleted by 122/2024 r 3(1)\n1.1.2025\nquota period 2022-2023\ninserted by 324/2020 r 4(1)\n17.12.2020\n\ndeleted by 122/2024 r 3(1)\n1.1.2025\nr 15(3)\nvaried by 67/2020 r 5(2)\n21.5.2020\n\nvaried by 324/2020 r 4(2)—(4)\n17.12.2020\n\namended by 39/2022 r 3(2)\n1.11.2022\n\n(ab), (ac) deleted by 122/2024 r 3(2)\n1.1.2025\nr 15(3a)\ninserted by 67/2020 r 5(3)\n21.5.2020\n\nvaried by 324/2020 r 4(5)—(7)\n17.12.2020\n\ndeleted by 122/2024 r 3(3)\n1.1.2025\nr 15(3b)\ninserted by 324/2020 r 4(8)\n17.12.2020\n\ndeleted by 122/2024 r 3(3)\n1.1.2025\nr 15(4)\nsubstituted by 39/2022 r 3(3)\n1.11.2022\n\namended by 19/2023 r 4\n1.5.2023\n\nsubstituted by 122/2024 r 3(4)\n1.1.2025\nr 15(4a) and (4b)\ninserted by 39/2022 r 3(3)\n1.11.2022\nr 16\n\n\nr 16(1)\n\n\nfollowing quota period\ninserted by 39/2022 r 4(1)\n1.9.2022\nquota period\nsubstituted by 263/2020 r 5(1)\n27.8.2020\n\nvaried by 324/2020 r 5(1), (2)\n17.12.2020\n\namended by 38/2022 r 4(1)\n1.7.2022\n\namended by 71/2023 r 5\n31.8.2023\n\nsubstituted by 122/2024 r 4(1)\n1.1.2025\nquota period 2019-2020\ninserted by 67/2020 r 6(1)\n21.5.2020\n\nvaried by 263/2020 r 5(2)\n27.8.2020\n\ndeleted by 39/2022 r 4(2)\n1.9.2022\nquota period 2020-2021\ninserted by 67/2020 r 6(1)\n21.5.2020\n\nvaried by 324/2020 r 5(3)\n17.12.2020\n\ndeleted by 122/2024 r 4(2)\n1.1.2025\nquota period 2021-2022\ninserted by 324/2020 r 5(4)\n17.12.2020\n\namended by 38/2022 r 4(2)\n1.7.2022\n\ndeleted by 122/2024 r 4(2)\n1.1.2025\nr 16(3)\n(d) deleted by 196/2019 r 6\n1.8.2019\n\nvaried by 67/2020 r 6(2)\n21.5.2020\n\nvaried by 324/2020 r 5(5)—(8)\n17.12.2020\n\n(ab) deleted by 39/2022 r 4(3)\n1.9.2022\n\namended by 39/2022 r 4(4)\n1.9.2022\n\n(ac) deleted by 122/2024 r 4(3)\n1.1.2025\nr 16(3a)\ninserted by 39/2022 r 4(5)\n1.9.2022\n\namended by 19/2023 r 5\n1.5.2023\n\nsubstituted by 122/2024 r 4(4)\n1.1.2025\nr 16(3b) and (3c)\ninserted by 39/2022 r 4(5)\n1.9.2022\nr 16A\ninserted by 38/2022 r 5\n1.7.2022\nr 16A\n\n\nr 16A(1)\n\n\nfollowing quota period\ninserted by 39/2022 r 5(1)\n1.11.2022\nr 16A(3)\namended by 39/2022 r 5(2)\n1.11.2022\n\n(e) deleted by 39/2022 r 5(2)\n1.11.2022\nr 16A(3a)—(3c)\ninserted by 39/2022 r 5(3)\n1.11.2022\nr 17\nsubstituted by 38/2022 r 6\n1.7.2022\nr 17\n\n\nr 17(1)\n\n\nfollowing quota period\ninserted by 39/2022 r 6(1)\n1.10.2022\nr 17(3)\namended by 39/2022 r 6(2)\n1.10.2022\n\n(e) deleted by 39/2022 r 6(2)\n1.10.2022\nr 17(3a)—(3c)\ninserted by 39/2022 r 6(3)\n1.10.2022\nr 17A\ninserted by 88/2021 r 7\n1.7.2021\nr 17A(1)\n\n\nfollowing quota period\ninserted by 38/2022 r 7(1)\n1.7.2022\nr 17A(4a)\ninserted by 19/2023 r 6\n1.5.2023\nr 17A(5)\namended by 38/2022 r 7(2)\n1.7.2022\nr 17A(5a)—(5c)\ninserted by 38/2022 r 7(3)\n1.7.2022\nr 17B\ninserted by 88/2021 r 7\n1.7.2021\nr 17B(1)\n\n\nfollowing quota period\ninserted by 38/2022 r 8(1)\n1.7.2022\nSouth East Fishing Zone\ndeleted by 38/2022 r 8(2)\n1.7.2022\nSouth East snapper fishing zone\ndeleted by 38/2022 r 8(2)\n1.7.2022\nr 17B(4a)\ninserted by 19/2023 r 7\n1.5.2023\nr 17B(5)\namended by 38/2022 r 8(3)—(5)\n1.7.2022\nr 17B(5a)—(5c)\ninserted by 38/2022 r 8(6)\n1.7.2022\nr 17C\ninserted by 88/2021 r 7\n1.7.2021\nr 17C(1)\n\n\nfollowing quota period\ninserted by 38/2022 r 9(1)\n1.7.2022\nr 17C(4a)\ninserted by 19/2023 r 8\n1.5.2023\nr 17C(5)\namended by 38/2022 r 9(2)\n1.7.2022\nr 17C(5a)—(5c)\ninserted by 38/2022 r 9(3)\n1.7.2022\nr 17D\ninserted by 88/2021 r 7\n1.7.2021\nr 17D(1)\n\n\nfollowing quota period\ninserted by 38/2022 r 10(1)\n1.7.2022\nr 17D(4a)\ninserted by 19/2023 r 9\n1.5.2023\nr 17D(5)\namended by 38/2022 r 10(2)\n1.7.2022\nr 17D(5a)—(5c)\ninserted by 38/2022 r 10(3)\n1.7.2022\nr 17E\ninserted by 88/2021 r 7\n1.7.2021\nr 18\n\n\nr 18(1)\nsubstituted by 88/2021 r 8\n1.7.2021\nr 20\n\n\nr 20(2)\nsubstituted by 122/2024 r 5\n1.1.2025\nr 21\n\n\nr 21(1)\nsubstituted by 88/2021 r 9\n1.7.2021\nrr 21A—21C\ninserted by 88/2021 r 10\n1.7.2021\nr 25\nsubstituted by 88/2021 r 11\n1.7.2021\nrr 25A—25C\ninserted by 88/2021 r 11\n1.7.2021\nr 26\nsubstituted by 88/2021 r 12\n1.7.2021\nr 29\n\n\nr 29(1)\nvaried by 67/2020 r 7\n21.5.2020\nr 31\n\n\nr 31(6)\nvaried by 88/2021 r 13\n1.7.2021\n\namended by 38/2022 r 11\n1.7.2022\nSch 1\n\n\nPt 1\n\n\nheading\ninserted by 88/2021 r 14(1)\n1.7.2021\nPt 1\nvaried by 88/2021 r 14(2)—(4)\n1.7.2021\n\namended by 19/2023 r 10(1)—(6)\n1.5.2023\n\namended by 122/2024 r 6\n1.1.2025\nPt 2\ninserted by 88/2021 r 14(5)\n1.7.2021\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n1.8.2019\nHistorical versions\n1.8.2019\n\n21.5.2020\n\n27.8.2020\n\n17.12.2020\n\n1.7.2021\n\n1.7.2022\n\n1.9.2022\n\n1.10.2022\n\n1.11.2022\n\n1.5.2023\n\n31.8.2023\n\n1.11.2023\n\n","sortOrder":45}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2750},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"While the title and original structure focused exclusively on rock lobster, the legislation has expanded via amendment to manage giant crab and four additional finfish species (King George whiting, snapper, southern calamari, and southern garfish). These additions (notably via amendments in 2021 and 2022) mean the regulations now function as a multi-species fisheries management instrument, despite the rock lobster-specific nomenclature."},"complexity_factors":["40+ defined terms in the interpretation section (regulation 3), including complex geospatial coordinates using the Geocentric Datum of Australia 1994 (GDA94)","Six separate but interconnected Individual Transferable Quota (ITQ) systems operating simultaneously: rock lobster (×2 zones), giant crab (×2 zones), King George whiting, snapper, southern calamari, and southern garfish","Extensive cross-referencing to three other regulation sets: Fisheries Management (General) Regulations, (Marine Scalefish Fishery) Regulations, and (Miscellaneous Fishery) Regulations","Nested conditional logic for quota variations involving percentage thresholds (10% under/over catch rules), tiered penalty rates (1:1 vs 2:1), and discretionary 'exceptional circumstances' overrides","Dual-zone architecture (Northern vs Southern) with different closed seasons, pot limits (20–100 vs 40–100), and family-transfer exceptions for pot entitlements","Ministerial determination powers that delegate substantive operational details (reporting forms, weighing protocols, certification stations) to subordinate instruments not contained in the regulations themselves"],"plain_english_summary":"**What this legislation does**\n\nThese regulations create a comprehensive licensing and quota system for commercial rock lobster fishing in South Australia. They divide the fishery into two zones—**Northern** (west of precise longitudinal lines) and **Southern** (east of those lines)—each with its own rules, seasons, and catch limits.\n\n**Who it affects**\n\n*   **Commercial fishers**: Anyone holding a licence to catch rock lobster, giant crab, or certain finfish species (King George whiting, snapper, southern calamari, and southern garfish).\n*   **Boat masters**: Skippers of registered fishing boats who must notify authorities and keep detailed records.\n*   **Licence traders**: People buying or selling fishing licences, as the regulations cap the total number of licences (no new ones are issued; you must buy an existing one).\n*   **Fish processors**: Businesses that must be registered to receive legally caught seafood.\n\n**Key rules you need to know**\n\n*   **Strict quotas (ITQ system)**: Each licence holder has an \"Individual Transferable Quota\"—a maximum kilogram limit they can catch each year. These quotas can be bought, sold, or transferred between licences.\n*   **Use-it-or-lose-it (with flexibility)**: If you catch less than your quota, you can \"bank\" up to 10% of the shortfall for next year (or more if the Minister approves \"exceptional circumstances\"). If you overfish, you get penalised: lose 1 kg next year for every 1 kg over, or 2 kg for every 1 kg over if you exceed the limit by more than 10%.\n*   **Equipment limits**: You can only use 20–100 \"pots\" (lobster traps) depending on your zone, and they must have specific escape gaps in the Northern Zone to let undersized lobsters out.\n*   **Closed seasons**: The Southern Zone is closed from 6:00 pm on 31 May to 6:00 am on 1 October each year (no fishing or selling live lobster during this time).\n*   **Paperwork and tracking**: You must notify the Department before removing catch from the boat, weigh it according to strict protocols, and deliver it only to registered processors. Detailed records must be kept for inspection.\n*   **Whole and local**: Rock lobster caught in the Northern Zone must be landed whole (not processed at sea) and within South Australia.\n\n**Why this matters**\n\nThese rules prevent the \"tragedy of the commons\" (where open access destroys fish stocks) by creating a property-rights-based system. By making licences transferable and capping total catch, the regulations aim to keep lobster populations sustainable while allowing fishers to trade their rights in a market. The extensive reporting requirements ensure traceability—helping to combat illegal fishing and \"black market\" seafood."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text could not be retrieved. No determination can be made about whether the regulation's scope changed from its original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404/Page Not Found error","Score of 1 reflects the absence of analysable content, not the inherent simplicity of the legislation","Fisheries regulations of this type are typically moderately complex (would likely score 5-7) due to technical quota systems, gear specifications, and licensing frameworks, but this cannot be confirmed without the text"],"plain_english_summary":"The Fisheries Management (Rock Lobster Fisheries) Regulations 2017 (SA) set detailed rules for rock lobster fishing in South Australian waters — typically covering licences/quotas, minimum size limits, gear restrictions, seasonal closures and reporting — to manage harvests and protect stocks.  \n\nThey principally affect commercial rock lobster fishers (and likely recreational fishers and seafood processors), shaping who can fish, how much, when and with what gear, and why compliance matters for conservation and industry sustainability."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded beyond a pure rock lobster regime to cover multiple associated species and separate quota systems (giant crab, King George whiting, snapper, southern calamari, southern garfish) and added detailed administrative controls and reporting obligations. These expansions and new quota mechanics are visible in inserted regulations 16A and 17A–17D and the legislative history showing repeated amendments that introduce new species, quota periods and Ministerial determination powers."},"complexity_factors":["Multiple overlapping quota systems (different species, zones and quota periods) with unit entitlements and unit values set by the Minister (regs 15–17D, 17A–17D, 16A)","Extensive Ministerial discretion to determine unit values, total allowable catches, methodologies and to vary or revoke determinations (regs 15(2), 16(2), 17A(2)–(4), 31)","Frequent opportunity for time‑limited, proportional and conditional variation of entitlements (regs 14, 15(3)–(4b), 16(3) and equivalents)","Detailed operational requirements: registration of boats/masters, dual‑boat rules, pot construction (escape gaps), landing whole rules, processor delivery and sealed/tagging requirements (rr 7–11, 14A, 19–20, 22–26)","Complex reporting, record‑keeping and notification obligations with Minister to prescribe form, timing and content; retained penalties and expiation fees for non‑compliance (rr 21–25C, 27, 30)","Spatial definitions and geodetic coordinates for Northern and Southern Zones and subregions, affecting where rules apply (r 3(1) definitions)","Interplay with Victorian licences and transitional rules limiting licence eligibility and affecting cross‑border activity (rr 10, 28, Sch 2)","Penalty regime with varying maximums and expiation fees, including escalating fines for repeated offences (rr 12, 14A and many others)","Administrative burden from application, transfer and variation processes (r 6, r 14(2), regs requiring prescribed forms and fees)"],"plain_english_summary":"This instrument prescribes how the Northern and Southern Zone rock lobster fisheries are run: licence rules, transferable entitlements, rock‑lobster pot limits, and multiple individual catch‑quota systems (rock lobster, giant crab, King George whiting, snapper, southern calamari and southern garfish). It sets landing, tagging, reporting and processor‑delivery requirements, spatial zones, closed‑season and penalty rules, and gives the Minister power to set unit values and vary entitlements. It affects licence‑holders, registered masters and boat owners, who bear compliance, reporting and operational costs while the Minister decides quotas and administrative conditions."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-rock-lobster-fisheries-regulations-2017","history":"/api/acts/fisheries-management-rock-lobster-fisheries-regulations-2017/history","analysis":"/api/acts/fisheries-management-rock-lobster-fisheries-regulations-2017/analysis","conflicts":"/api/acts/fisheries-management-rock-lobster-fisheries-regulations-2017/conflicts","importantCases":"/api/acts/fisheries-management-rock-lobster-fisheries-regulations-2017/important-cases","documents":"/api/acts/fisheries-management-rock-lobster-fisheries-regulations-2017/documents"}}