{"id":"fisheries-management-sardine-fishery-regulations-2021","name":"Fisheries Management (Sardine Fishery) Regulations 2021","slug":"fisheries-management-sardine-fishery-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235566,"registerId":"sa-fisheries-management-sardine-fishery-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Sardine Fishery) Regulations 2021","content":"South Australia\nFisheries Management (Sardine Fishery) Regulations 2021\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of fishery\n5\tIssue of licences\n6\tTransfer of licences\n7\tRegistration\n8\tRevocation of registration\n9\tIndividual sardine catch quota system\n10\tRestriction on use of certain registered boats to take sardines\n11\tInformation to be provided when certain registered boats used to take sardines\n12\tCatch and disposal requirements\n13\tSardines to be delivered or consigned to registered fish processor\n14\tRestriction on unloading of sardines onto other boats\n15\tPeriodic returns\n16\tProvision relating to keeping of records\n17\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for Sardine Fishery\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Sardine Fishery) Regulations 2021.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fisheries Management Act 2007;\nCorporations Act means the Corporations Act 2001 of the Commonwealth;\ncurrent company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:\n\t(a)\tthe name of the company;\n\t(b)\tthe address of the registered office of the company;\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;\nfishery means the Sardine Fishery constituted by these regulations;\nGulf St. Vincent Zone means the waters of Gulf St. Vincent and surrounding waters contained within and bounded by a line commencing at Mean High Water Springs closest to 35°14'11.18\" South, 137°10'0.03\" East in the vicinity of Marion Bay on Yorke Peninsula, then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 34°54'59.95\" South, 137°47'53.92\" East (Stansbury) then south‑easterly along the geodesic to the intersection of the coast line of mainland Australia at the Mean High Water Springs at the point closest to 35°09'59.83\" South, 138°28'03.57\" East in the vicinity of Onkaparinga Head then south‑westerly to the location closest to 35°36'21.55\" South, 138°5'45.63\" East (near Cape Jervis, Fleurieu Peninsula), then south‑westerly to Mean High Water Springs closest to 35°43'1.15\" South, 137°56'31.23\" East (near Penneshaw, Kangaroo Island), then beginning westerly following the line of Mean High Water Springs to the location closest to 35°37'54.52\" South, 137°10'0.03\" East, then northerly to the point of commencement;\nMarine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nOutside Zone means the waters adjacent to South Australia that are not within the Gulf St. Vincent Zone or the Spencer Gulf Zone;\nquota period—a quota period for the fishery means—\n\t(a)\tthe period that commences on 1 July 2021 and ends on 31 December 2021; or\n\t(b)\tthe period of 12 months commencing on 1 January 2022 or on 1 January in any subsequent year;\nsardine means Australian Sardine (Sardinops sagax);\nsardine fishing zone means—\n\t(a)\tthe Gulf St. Vincent Zone; or\n\t(b)\tthe Spencer Gulf Zone; or\n\t(c)\tthe Outside Zone;\nsardine net has the same meaning as in the Fisheries Management (General) Regulations 2017;\nsardine quota entitlement or quota entitlement, in relation to a licence in respect of the fishery and a sardine fishing zone, means the maximum number of kilograms of sardines that may be lawfully taken by the holder of a 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;\nSpencer Gulf Zone means the waters of Spencer Gulf and surrounding waters contained within and bounded by a line commencing at Mean High Water Springs closest to 34°56'41.95\" South, 135°37'30.03\" East (near Cape Carnot, Eyre Peninsula), then beginning easterly following the line of Mean High Water Springs to a point closest to 35°14'11.18\" South, 137°10'0.03\" East in the vicinity of Marion Bay on Yorke Peninsula, heading south to its intersection with Kangaroo Island, then beginning westerly following the line of Mean High Water Springs to the location closest to 35°52'59.95\" South, 136°32'8.19\" East (near Vennachar Point, Kangaroo Island), then westerly to 35°52'59.95\" South, 135°37'30.03\" East, then northerly to the point of commencement;\nunit entitlement, in relation to a licence in respect of the fishery and a sardine fishing zone, means the number of sardine units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of sardines determined by the Minister to be the value of a sardine unit for a sardine fishing zone and a quota period.\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 2020 (GDA2020) as defined in the determination under section 8A of the National Measurement Act 1960 of the Commonwealth for the recognised‑value standard of measurement position, and all coordinates are expressed in terms of GDA2020;\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 aquatic resources.\n\t(4)\tA reference in these regulations to sardine fishing zone, sardine quota entitlement or unit entitlement in relation to the Marine Scalefish Fishery or a licence in respect of that fishery is a reference to that term as defined in regulation 17(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017 as in force immediately before the commencement of these regulations.\nNote—\nThe Fisheries Management (Marine Scalefish Fishery) Regulations 2017 were, immediately before the commencement of these regulations, known as the Fisheries Management (Marine Scalefish Fisheries) Regulations 2017.\n4—Constitution of fishery\n\t(1)\tThe Sardine Fishery is constituted.\n\t(2)\tThe fishery consists of the taking of aquatic resources specified in Schedule 1 in the Gulf St. Vincent Zone, the Spencer Gulf Zone and the Outside Zone.\n5—Issue of licences\n\t(1)\tSubject to this regulation, the Minister may issue licences in respect of the fishery.\n\t(2)\tAn application for a licence in respect of the fishery may only be made—\n\t(a)\tby a person who, immediately before 1 July 2021, held a licence in respect of the Marine Scalefish Fishery—\n\t(i)\tsubject to a condition fixing a sardine quota entitlement (unless the condition was imposed on the licence after the commencement of the MSF quota period 2021 and was expressed to apply only during the balance of that quota period); or\n\t(ii)\tunder which a sardine net was registered; or\n\t(b)\tby a person—\n\t(i)\tto whom a licence in respect of the fishery was transferred under these regulations; and\n\t(ii)\twho makes the application on or before the expiration of that licence held by the person (or subsequent licence held by the person in substitution for that licence).\n\t(3)\tThe Minister may only grant an application for a licence in respect of the fishery to a person referred to in subregulation (2)(a) if—\n\t(a)\tthe person's licence in respect of the Marine Scalefish Fishery has been varied so as to revoke a condition of the licence fixing a sardine quota entitlement on the licence; or\n\t(b)\tthe person's licence in respect of the Marine Scalefish fishery has been surrendered.\n\t(4)\tIn this regulation—\nMarine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017, as in force immediately before the commencement of this regulation;\nMSF quota period 2021 means the period ending on 31 December 2021 defined as quota period 2021 in regulation 17(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017, as in force immediately before the commencement of this regulation.\n6—Transfer of licences\n\t(1)\tLicences in respect of the fishery are transferable.\n\t(2)\tAn application for consent to the transfer of a licence must be accompanied by—\n\t(a)\tthe licence to be transferred; and\n\t(b)\ta form of return as required by regulation 15 completed by the holder of the licence up to the date of application; and\n\t(c)\tif the transferee is a company—a current company extract relating to the transferee.\n\t(3)\tThe Minister may only consent to the transfer of a licence if satisfied as to the following:\n\t(a)\tthat any fees or other amounts payable in relation to the licence under the Act have been paid in full;\n\t(b)\tthat the licence to be transferred has not been suspended;\n\t(c)\tthat no proceedings alleging an offence against the Act are pending or likely to be commenced in the State against the holder of the licence;\n\t(d)\tif the transferee is a natural person—that the transferee is at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery;\n\t(e)\tif the transferee is a company—that each director of the company is a fit and proper person to be a director of a company that holds a licence in respect of the fishery.\n7—Registration\nAn application by the holder of a licence in respect of the fishery—\n\t(a)\tto register a boat or device for use under the licence; or\n\t(b)\tto register a person as a master of a boat that may be used under the licence,\nmust be accompanied by the documents specified in the application form.\n8—Revocation of registration\n\t(1)\tThe Minister may, on application by the holder of a licence in respect of the fishery, revoke the registration of—\n\t(a)\ta boat or device used under the licence; or\n\t(b)\ta person as a master of a boat that may be used under the licence.\n\t(2)\tAn application for revocation of registration must—\n\t(a)\tbe made in the manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the documents specified in the application form.\n9—Individual sardine catch quota system\n\t(1)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which sardines may be taken by the holder of the licence following the first quota period;\nGulfs Zone means the Gulfs Zone as defined by regulation 3(1), as in force immediately before 1 January 2025.\n\t(2)\tThe Minister must, on or before the commencement of each quota period, determine the number of kilograms of sardines that is to be the value of a sardine unit for a sardine fishing zone and the quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing sardine quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of the fishery fixing a sardine quota entitlement;\n\t(b)\ton the commencement of the quota period commencing on 1 January 2025, the Minister must, in respect of each licence in respect of the fishery that was, immediately before the commencement of that quota period, allocated sardine units in respect of the Gulfs Zone, allocate—\n\t(i)\ta number of sardine units in respect of the Spencer Gulf Zone equal to the number of sardine units allocated to the licence immediately before the commencement of that quota period in respect of the Gulfs Zone; and\n\t(ii)\ta number of sardine units in respect of the Gulf St. Vincent Zone equal to the number of sardine units allocated to the licence immediately before the commencement of that quota period in respect of the Gulfs Zone,\ndisregarding any variation of that unit entitlement in respect of the Gulfs Zone during the quota period ending 31 December 2024 that was expressed to apply only for, or for the balance of, that quota period;\n\t(d)\tthe Minister may, not more than twice during a quota period, vary the conditions of all licences in respect of the fishery so as to increase the sardine quota entitlements under the licences on a proportionate basis according to the proportion that the number of sardine units allocated to a licence in respect of the same sardine fishing zone bears to the total number of units under all licences for that fishing zone at the commencement of the quota period;\n\t(e)\ton joint application made to the Minister by the holders of any 2 licences in respect of the fishery the conditions of those licences may be varied so as to increase (by whole units or part units) the unit entitlement under 1 of the licences in respect of a particular sardine fishing zone and decrease the unit entitlement under the other licence in respect of that sardine fishing zone by a corresponding number of units (or part units);\n\t(f)\tif the total catch of sardines taken by the holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement in respect of a particular sardine fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 January 2022) is less than the sardine 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 sardine quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of sardines for each kilogram by which the catch fell short of the sardine 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 sardines taken by the holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement in respect of a particular sardine fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 January 2023) exceeded the sardine 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 sardines 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 sardines for each kilogram taken in excess of the quota entitlement.\n\t(4)\tFor the purposes of—\n\t(a)\tsubregulation (3)(f)(i) and (ii); and\n\t(b)\tsubregulation (3)(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 (3)(f)(i) or (ii) must be disregarded.\n\t(4a)\tA variation of a quota entitlement or unit entitlement under subregulation (3)(d) must be expressed to apply only for the balance of the quota period during which the variation is made.\n\t(4b)\tA variation of a quota entitlement under subregulation (3)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(4c)\tAn application under subregulation (3)(e) may not be made in respect of sardine units allocated to the licence under subregulation (3)(f).\n\t(5)\tAn application to vary unit entitlements must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(6)\tThe holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement must not take sardines under the licence while the total number of sardine units allocated to the licence is less than 100 units.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n10—Restriction on use of certain registered boats to take sardines\n\t(1)\tA registered boat registered for use under more than 1 licence in respect of the fishery must not be used to take sardines under more than 1 such licence at any 1 time.\n\t(2)\tIf subregulation (1) is contravened, the registered owner and the registered master of the registered boat are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n11—Information to be provided when certain registered boats used to take sardines\n\t(1)\tIf a registered boat is, or is to be, used under more than 1 licence in respect of the fishery to take sardines, 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 the determination of the Minister made for the purposes of subregulation (1) is not complied with, the registered owner and registered master of the registered boat are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n12—Catch and disposal requirements\n\t(1)\tIf sardines are taken from a registered boat under a licence in respect of the fishery, the holder of the licence or the registered master must comply with the following provisions:\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 sardines 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 the sardines are weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence and the registered master of the registered boat are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of 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.\n13—Sardines to be delivered or consigned to registered fish processor\nThe holder of a licence in respect of the fishery must ensure that all sardines taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n14—Restriction on unloading of sardines onto other boats\nThe registered owner or registered master of a registered boat from which sardines are taken under a licence in respect of the fishery must not cause, suffer or permit the sardines to be unloaded onto another boat unless the other boat is specified on the certificate of registration of the registered fish processor to whom the sardines are to be consigned.\nMaximum penalty: $5 000.\nExpiation fee: Expiation fee $315.\n15—Periodic returns\n\t(1)\tThe holder of a licence in respect of the fishery must provide the Department with such returns in the manner and form, at such times and containing such information, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tThe holder of a licence in respect of the fishery must keep a record of each return that the licence holder provides to the Department under this regulation in such manner, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n16—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.\n17—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 9.\nSchedule 1—Aquatic resources prescribed for Sardine Fishery\nAustralian Anchovy (Engraulis australis)\nMaray (Etrumeus teres)\nAustralian Sardine (Sardinops sagax)\nBlue Sprat (Spratelloides robustus)\nSandy Sprat (Hyperlophus vittatus)\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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n89\nGazette 24.6.2021 p2332 \n1.7.2021: r 2\n2022\n73\nGazette 1.9.2022 p5812\n1.1.2023: r 2\n2024\n121\nGazette 12.12.2024 p4653\n1.1.2025: r 2\n2024\n124\nGazette 12.12.2024 p4662\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\n1.1.2023\nr 3\n\n\nr 3(1)\n\n\nGulf St. Vincent Zone\ninserted by 124/2024 r 3(1)\n1.1.2025\nGulfs Zone\ndeleted by 124/2024 r 3(1)\n1.1.2025\nOutside Zone\namended by 124/2024 r 3(2)\n1.1.2025\nsardine fishing zone\nsubstituted by 124/2024 r 3(3)\n1.1.2025\nSpencer Gulf Zone\ninserted by 124/2024 r 3(4)\n1.1.2025\nr 4\n\n\nr 4(2)\namended by 124/2024 r 4\n1.1.2025\nr 9\n\n\nr 9(1)\nsubstituted by 73/2022 r 3(1)\n1.1.2023\nGulfs Zone\ninserted by 124/2024 r 5(1)\n1.1.2025\nr 9(3)\n(b), (c) deleted by 73/2022 r 3(2)\n1.1.2023\n\namended by 73/2022 r 3(3)\n1.1.2023\n\n(h), (i) deleted by 73/2022 r 3(3)\n1.1.2023\n\namended by 121/2024 r 3\n1.1.2025\n\namended by 124/2024 r 5(2)\n1.1.2025\nr 9(4)\nsubstituted by 73/2022 r 3(4)\n1.1.2023\nr 9(4a)—(4c)\ninserted by 73/2022 r 3(4)\n1.1.2023\nTransitional etc provisions associated with regulations or variations\nFisheries Management (Sardine Fishery) (Quota) Amendment Regulations 2022 (No 73 of 2022), Sch 1—Transitional provision etc\n1—Interpretation\nIn this Schedule—\nprincipal regulations means the Fisheries Management (Sardine Fishery) Regulations 2021;\nrelevant day means 1 January 2023.\n2—Transitional provision etc\nIf the total catch of sardines taken by the holder of a licence in respect of the Sardine Fishery subject to a condition fixing a sardine quota entitlement during the quota period that commenced on 1 January 2022 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 9(3)(g) of the principal regulations by regulation 3(3) of these regulations, regulation 9(3)(g), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 January 2023.\nFisheries Management (Sardine Fishery) (Fishing Zones) Amendment Regulations 2024 (No 124 of 2024), Sch 1—Transitional provision etc\n1—Interpretation\nIn this Schedule—\nGulfs Zone means the Gulfs Zone as defined by regulation 3(1) of the principal regulations, as in force immediately before 1 January 2025;\nprincipal regulations means the Fisheries Management (Sardine Fishery) Regulations 2021;\nSpencer Gulf Zone has the same meaning as in the principal regulations.\n2—Transitional provision etc\n\t(1)\tIf the Minister may, in respect of the total catch of sardines taken by the holder of a licence in respect of the sardine fishery subject to a condition fixing a sardine quota entitlement in respect of the Gulfs Zone during the quota period ending on 31 December 2024, have varied the conditions of that licence pursuant to regulation 9(3)(f) of the principal regulations so as to increase the sardine quota entitlement under the licence in respect of the Gulfs Zone for the quota period commencing on 1 January 2025, the Minister may instead vary the conditions of that licence so as to increase the sardine quota entitlement under the licence in respect of the Spencer Gulf Zone for that quota period by an amount equal to that by which the sardine quota entitlement under the licence may have been increased in respect of the Gulfs Zone.\n\t(2)\tIf the Minister may, in respect of the total catch of sardines taken by the holder of a licence in respect of the sardine fishery subject to a condition fixing a sardine quota entitlement in respect of the Gulfs Zone during the quota period ending on 31 December 2024, have varied the conditions of that licence pursuant to regulation 9(3)(g) of the principal regulations so as to decrease the sardine quota entitlement under the licence in respect of the Gulfs Zone for the quota period commencing on 1 January 2025, the Minister may instead vary the conditions of that licence so as to decrease the sardine quota entitlement under the licence in respect of the Spencer Gulf Zone for that quota period by an amount equal to that by which the sardine quota entitlement under the licence may have been decreased in respect of the Gulfs Zone.\nHistorical versions\n1.1.2023\n\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2021 structure. Originally, the fishery operated with a single 'Gulfs Zone' combining Spencer Gulf and Gulf St. Vincent. The 2024 amendments (commencing 1 January 2025) split this into two separate zones with independent quota management, requiring complex transitional provisions to convert existing unit entitlements. Additionally, the quota carry-over mechanics (regulation 9(3)(f) and (g)) were substantially modified in 2022 and 2024, adding layers of conditional logic about percentage thresholds and exceptional circumstances that did not exist in the original regulations."},"complexity_factors":["Multiple nested definitions with cross-references to other regulations (Marine Scalefish Fishery Regulations 2017, Fisheries Management (General) Regulations 2017)","Complex spatial boundaries defined by precise GPS coordinates using geodesic lines and GDA2020 datum","Sophisticated quota calculation mechanics involving unit entitlements, unit values, and multi-zone allocations","Conditional carry-over provisions with percentage thresholds (10% default, variable by Ministerial determination) and exceptional circumstances overrides","Temporal complexity with transitional provisions spanning 2021-2025, including the split of 'Gulfs Zone' into separate Spencer Gulf and Gulf St. Vincent zones from 1 January 2025","Double penalty structure for overfishing (2:1 reduction ratio) versus single credit for underfishing (1:1)","Multiple amendment regulations (2022, 2024) creating layered transitional provisions that modify original operation","Ministerial discretion embedded throughout with 'determination' powers requiring separate publication and notification"],"plain_english_summary":"This legislation creates a dedicated **Sardine Fishery** in South Australian waters, separating it from the broader Marine Scalefish Fishery that existed before 2021. It establishes a **quota system** to control how many sardines (and related species like anchovies and sprats) can be caught.\n\n**Who it affects:**\n- **Commercial fishers** who held specific licences in the old Marine Scalefish Fishery and used sardine nets\n- **Companies and individuals** who buy or transfer sardine fishing licences\n- **Fish processors** who receive the catch\n- **Boat owners and masters** (captains) operating in the fishery\n\n**Key rules:**\n- **Three fishing zones:** Gulf St. Vincent, Spencer Gulf, and Outside Zone (waters beyond the gulfs)\n- **Quota system:** Each licence holder gets a maximum catch limit based on \"units\" allocated to them. The Minister sets how many kilograms each unit is worth each year\n- **Licence transfers:** Licences can be sold or transferred, but the Minister must approve and check that fees are paid and the new holder is a \"fit and proper person\"\n- **Carry-over rules:** If you catch less than your quota, you may get extra allowance next year (up to 10%, or more in exceptional circumstances). If you overfish, you lose double the excess from next year's quota\n- **Strict reporting:** Fishers must record catches, deliver sardines only to registered processors, and submit regular returns to the Department\n- **Boat restrictions:** A boat registered under multiple licences cannot fish under more than one licence at the same time\n\n**Why it matters:**\nThis creates a sustainable, regulated fishery preventing overfishing of sardines—a crucial species for human consumption, bait, and the marine food chain. The quota system ensures catches stay within scientific limits while allowing tradeable fishing rights."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this regulation changed from its original intent, as the legislative text was not accessible. No content was available to compare against stated objectives or explanatory materials."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual regulatory content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Fisheries Management (Sardine Fishery) Regulations 2021 are South Australian subordinate legislation under the Fisheries Management Act 2007 that regulate the sardine (pilchard) fishery. They set the legal framework for who may fish, catch limits and quota arrangements, permitted gear and operational standards, reporting and compliance, and area closures—affecting commercial fishers, vessel operators and fishery managers in SA waters."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations originally carved sardine management out of the Marine Scalefish Fishery and established quota mechanics tied to a ‘Gulfs Zone’ (regs 5, 9; reg 3 definition cross‑reference). Subsequent amendments redefined fishing zones by splitting the Gulfs into the Spencer Gulf Zone and Gulf St. Vincent Zone and adjusted quota allocation rules and transitional arrangements to map prior unit entitlements into the new zones (reg 3 definitions; reg 9 amendments; Legislative history and Transitional provisions associated with amendments 73/2022 and 124/2024)."},"complexity_factors":["Detailed spatial definitions and geodesic coordinates for multiple zones (Gulf St. Vincent Zone, Spencer Gulf Zone, Outside Zone) creating precise geographic scope (reg 3; Legislative history amendments 124/2024).","Quota mechanics: dual metrics (unit entitlement × unit value) determine kilogram entitlements; Minister must set unit values each quota period (reg 3 definitions; reg 9(2)).","Extensive Ministerial discretion to allocate, vary and limit unit and quota entitlements, including proportionate increases, bilateral unit transfers, carry‑forward/increase and penalty‑style decreases with percentage thresholds and exceptional‑circumstance exceptions (reg 9(3)(d)–(g); regs 9(4)–(4c)).","Transitional and amendment complexity from prior Marine Scalefish arrangements to a standalone Sardine Fishery and later zone reconfiguration, requiring mapping of old entitlements to new zones (regs 5, 9; Legislative history Schs).","Licence transfer and fit‑and‑proper tests, with documentary requirements for companies (current company extract) and conditions precedent (reg 6(2)–(3)).","Operational compliance requirements with many minister-determined forms, times and places for registration, reporting, weighing, sealing, tagging, delivery, and returns, creating administrative burden and procedural uncertainty (regs 7, 11–15, 16).","Criminal and civil enforcement mix: specified maximum penalties and expiation fees across several provisions with differing amounts, requiring careful compliance (regs 6(3) penalties, 9(6) maximum penalty, regs 10–16 penalties/expiation fees).","Interdependence with other regulations (Fisheries Management (Marine Scalefish Fishery) Regulations 2017) and reliance on Ministerial determinations that must be published but can be narrowly tailored, increasing legal cross‑referencing and interpretive work (reg 3(4); reg 17).","Record‑keeping and inspection obligations include retention, legibility and production on request, with Minister‑set retention periods and formats (regs 12(3), 15(2), 16).","Multiple amendment dates and staged commencement (2021, 2023, 2025 changes) require temporal tracking of which rules applied when for transitional entitlements (Legislative history and Transitional provisions)."],"plain_english_summary":"These regulations create a distinct Sardine Fishery, set spatial fishing zones, and establish an individual quota system with unit entitlements and unit values that determine how many kilograms each licence holder may catch. They prescribe who may hold, transfer and register licences, require detailed catch, delivery and record-keeping obligations, and give the Minister power to set unit values and make determinations. Licence holders, registered boat owners/masters and registered fish processors bear the compliance, reporting and delivery obligations; the Department and Minister hold operational discretion."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-sardine-fishery-regulations-2021","history":"/api/acts/fisheries-management-sardine-fishery-regulations-2021/history","analysis":"/api/acts/fisheries-management-sardine-fishery-regulations-2021/analysis","conflicts":"/api/acts/fisheries-management-sardine-fishery-regulations-2021/conflicts","importantCases":"/api/acts/fisheries-management-sardine-fishery-regulations-2021/important-cases","documents":"/api/acts/fisheries-management-sardine-fishery-regulations-2021/documents"}}