{"id":"fisheries-management-vongole-fishery-regulations-2021","name":"Fisheries Management (Vongole Fishery) Regulations 2021","slug":"fisheries-management-vongole-fishery-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235572,"registerId":"sa-fisheries-management-vongole-fishery-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Vongole Fishery) Regulations 2021","content":"South Australia\nFisheries Management (Vongole 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 vongole catch quota system\n10\tInformation to be provided\n11\tUse of agents in fishing activities—licences under which boats are registered\n12\tUse of agents in taking of vongole—licences under which no registered boats are used\n13\tCatch and disposal requirements\n14\tVongole to be delivered or consigned to registered fish processor\n15\tPeriodic returns\n16\tProvision relating to keeping of records\n17\tMinister's determinations\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Vongole Fishery) Regulations 2021.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fisheries Management Act 2007;\nCoffin Bay vongole fishing zone means the waters of or near Coffin Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 34°30′36.63″ South, 135°22′46.41″ East (generally south‑west of Farm Beach), then beginning south‑westerly following the line of Mean High Water Springs to the location closest to 34°27′20.27″ South, 135°13′00.86″ East (Point Burgess), then south‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs;\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 Vongole Fishery constituted by these regulations;\nMarine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nPort River vongole fishing zone means the waters of or near Port Gawler contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 34°40′12.21″ South, 138°26′35.28″ East (end of Port Gawler road), then beginning easterly following the line of Mean High Water Springs to the location closest to 34°46′58.98″ South, 138°28′40.51″ East, then north‑westerly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs;\nquota period—a quota period for the fishery is a period of 12 months commencing on 1 July;\nunit entitlement means the number of vongole units for the time being allocated to a licence;\nunit value means the number of kilograms of vongole determined by the Minister to be the value of a vongole unit for a vongole fishing zone and a quota period;\nvongole means any mollusc of the genus Katelysia;\nvongole fishing zone means—\n\t(a)\tthe Coffin Bay vongole fishing zone; or\n\t(b)\tthe Port River vongole fishing zone; or\n\t(c)\tthe West Coast vongole fishing zone;\nvongole quota entitlement or quota entitlement, in relation to a licence in respect of the fishery and a vongole fishing zone, means the maximum number of kilograms of vongole 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;\nWest Coast vongole fishing zone means—\n\t(a)\tthe waters of or near Smoky Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 32°15′48.57″ South, 133°46′09.73″ East (Cape D′Estrees), then beginning easterly following the line of Mean High Water Springs to the location closest to 32°23′54.30″ South, 133°52′00.18″ East (Cape Missiessy), then westerly to the line of Mean High Water Springs closest to 32°23′55.69″ South, 133°43′09.47″ East (Goalen Rocks), then north‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs; and\n\t(b)\tthe waters of or near Streaky Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 32°39′22.12″ South, 134°17′13.61″ East (most northern point of Perlubie beach), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 32°42′37.61″ South, 134°05′09.00″ East, then north‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs; and\n\t(c)\tthe waters of or near Venus Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 33°10′19.32″ South, 134°41′04.39″ East (Port Kenny jetty), then beginning easterly following the line of Mean High Water Springs to the location closest to 33°13′48.63″ South, 134°39′38.89″ East (South Head), then northerly to the line of Mean High Water Springs closest to 33°13′31.43″ South, 134°39′41.84″ East (North Head), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 33°10′51.19″ South, 134°38′14.72″ East, then north‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs.\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 vongole includes a reference to an act preparatory to, or involved in, the taking of vongole.\n\t(4)\tA reference in these regulations to unit entitlement, vongole fishing zone or vongole quota 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 14(1) 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 Vongole Fishery is constituted.\n\t(2)\tThe fishery consists of the taking of vongole in a vongole fishing 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 subject to a condition fixing a vongole quota entitlement (unless the condition was imposed on the licence after the commencement of the MSF quota period 2020‑2021 and was expressed to apply only during the balance of that quota period); 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 vongole 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 2020‑2021 means the period that ended on 30 June 2021 defined as quota period 2020‑2021 in regulation 14(1) 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 vongole 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 vongole may be taken by the holder of the licence following the first quota period;\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 2019‑2020 means the period that ended on 30 June 2020 defined as quota period 2019‑2020 in regulation 14(1) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017, as in force immediately before the commencement of this regulation;\nMSF quota period 2020‑2021 means the period that ended on 30 June 2021 defined as quota period 2020‑2021 in regulation 14(1) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017, as in force immediately before the commencement of this regulation;\nquota period 2021‑2022 means the quota period in respect of the fishery that ends on 30 June 2022.\n\t(2)\tThe Minister must, on or before the commencement of each quota period, determine the number of kilograms of vongole that is to be the value of a vongole unit for a vongole fishing zone and a quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the fishery as follows:\n\t(a)\ta condition may be imposed on a licence in respect of the fishery fixing a vongole quota entitlement;\n\t(c)\ton joint application made to the Minister by the holders of any 2 licences in respect of the fishery 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 vongole fishing zone and decrease the unit entitlement under the other licence in respect of that vongole fishing 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 fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone (the first licence) and the holder of a licence in respect of the fishery not subject to a condition fixing a vongole quota entitlement in respect of that vongole 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 that licence in respect of that vongole fishing zone; and\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a vongole quota entitlement in respect of that vongole fishing zone may be imposed on that licence;\n\t(e)\tif—\n\t(i)\ta licence in respect of the fishery is issued to a person who formerly held a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a vongole quota entitlement; and\n\t(ii)\tthe total catch of vongole taken pursuant to that licence in respect of the Marine Scalefish Fishery during the MSF quota period 2019‑2020 was less than the vongole quota entitlement under that licence for that vongole fishing zone and that quota period,\nthe conditions of that person's licence in respect of the fishery may be varied so as to increase the vongole quota entitlement in respect of that vongole fishing zone for the quota period 2021‑2022 by up to 1 kilogram of vongole for each kilogram by which the catch fell short of the vongole quota entitlement for the MSF quota period 2019‑2020;\n\t(f)\tif the total catch of vongole taken by the holder of a licence in respect of the fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole 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 vongole 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 vongole quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of vongole for each kilogram by which the catch fell short of the vongole 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 vongole taken by the holder of a licence in respect of the fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the vongole 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 vongole 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 vongole for each kilogram taken in excess of the quota entitlement;\n\t(h)\tif—\n\t(i)\tthe holder of a licence in respect of the fishery has assisted in the carrying out of research work under the Act in relation to the fishery; and\n\t(ii)\tthe Minister considers that it is appropriate to compensate or reward the holder of the licence for the time spent in providing that assistance,\nthe conditions of the licence may be varied so as to increase the vongole quota entitlement under the licence.\n\t(4)\tIn determining whether to vary the conditions of a licence under subregulation (3)(e) so as to increase the vongole quota entitlement under the licence for a particular vongole fishing zone and the quota period 2021‑2022, the Minister must take into account—\n\t(a)\tthe total catch of vongole taken by the holder of the licence in respect of the Marine Scalefish Fishery in that vongole fishing zone during the MSF quota period 2020‑2021; and\n\t(b)\tany increase in the vongole quota entitlement under the licence in respect of the Marine Scalefish Fishery licence in respect of that vongole fishing zone for the MSF quota period 2020‑2021.\n\t(4a)\tFor the purposes of—\n\t(a)\tsubregulation (3)(f)(i) and (ii); and\n\t(b)\tsubregulation (3)(g)(i) and (ii),\nthe following must be disregarded:\n\t(c)\tany 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 made under subregulation (3)(e);\n\t(d)\tany 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).\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)(c) or (d) may not be made in respect of vongole units allocated to the licence under subregulation (3)(f).\n\t(5)\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(6)\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(7)\tThe holder of a licence in respect of the fishery must not take vongole for a commercial purpose in a vongole fishing zone unless the licence is subject to a condition fixing a vongole quota entitlement in respect of that vongole fishing zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n10—Information to be provided\n\t(1)\tIf fishing activities involving the taking of vongole under a licence in respect of the fishery 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.\n11—Use of agents in fishing activities—licences under which boats are registered\n\t(1)\tThis regulation applies only in relation to licences under which 1 or more registered boats are used to take vongole.\n\t(2)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under such a licence, must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in the taking of vongole under the licence unless—\n\t(a)\tthe holder of the licence or the registered master is at the same time also engaged on the shore in the taking of vongole; and\n\t(b)\tthe holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under such a licence, must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in the taking of vongole under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n12—Use of agents in taking of vongole—licences under which no registered boats are used\n\t(1)\tThis regulation applies only in relation to licences under which there are no registered boats.\n\t(2)\tThe holder of a licence in respect of the fishery must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in the taking of vongole under the licence unless—\n\t(a)\tthe holder of the licence is at the same time also engaged on the shore in the taking of vongole; and\n\t(b)\tthe holder of the licence and the other person remain, while so engaged, within 700 metres of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in the taking of vongole under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n13—Catch and disposal requirements\n\t(1)\tThe holder of a licence in respect of the fishery or the registered master of a registered boat used under the licence must comply with the following provisions in respect of vongole 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 vongole 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 vongole 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.\n14—Vongole to be delivered or consigned to registered fish processor\nThe holder of a licence in respect of the fishery must ensure that all vongole taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation 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.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n90\nGazette 24.6.2021 p2342 \n1.7.2021: r 2\n2022\n40\nGazette 16.6.2022 p1822\n1.7.2022: 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\n1.7.2022\nr 9\n\n\nr 9(1)\n\n\nfollowing quota period\ninserted by 40/2022 r 3(1)\n1.7.2022\nr 9(3)\n(b) deleted by 40/2022 r 3(2)\n1.7.2022\n\namended by 40/2022 r 3(3)\n1.7.2022\nr 9(4a)—(4c)\ninserted by 40/2022 r 3(4)\n1.7.2022\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose of establishing a dedicated management regime for the vongole fishery following its separation from the Marine Scalefish Fishery. The 2022 amendments (regulation 40/2022) refined the quota carry-forward mechanics in regulation 9 but did not expand the substantive scope beyond vongole fishery management."},"complexity_factors":["Multiple nested definitions with cross-references to other regulations (Marine Scalefish Fishery Regulations 2017) and Commonwealth legislation (Corporations Act 2001)","Complex spatial boundaries defined by precise GPS coordinates using geodesic lines and GDA2020 datum for three separate fishing zones","Sophisticated quota mechanics including: carry-forward provisions (subregulation 9(3)(f)), penalty reductions for overfishing (subregulation 9(3)(g) with tiered penalties at 10% threshold), and historical catch reconciliation from 2019-2020 and 2020-2021 periods","Conditional logic with multiple exceptions: subregulation 9(4a) explicitly excludes certain prior variations from calculations, and subregulation 9(4c) prohibits applications for units derived from carry-forward provisions","Dual-track regulatory structure distinguishing between licences with registered boats (regulation 11) and without (regulation 12)","17 defined terms in interpretation section, several incorporating external standards (AS5300-2019 fish names, GDA2020 geodetic datum)","Ministerial determination powers throughout with variable application (regulation 17), creating delegated legislative framework"],"plain_english_summary":"This legislation creates a dedicated licensing and quota system for commercial fishing of vongole (a type of edible clam) in three specific coastal areas of South Australia: Coffin Bay, Port River (near Port Gawler), and the West Coast (Smoky Bay, Streaky Bay, and Venus Bay).\n\n**Who it affects:**\n- Commercial fishers who previously held vongole quota rights under the old Marine Scalefish Fishery system\n- New entrants who acquire licences through transfer\n- Registered fish processors who receive the catch\n\n**What it does:**\n- **Creates a separate fishery**: Vongole fishing is split off from the general Marine Scalefish Fishery into its own regulated system\n- **Controls access**: Only existing vongole fishers from the old system (or those who buy their licences) can get new licences\n- **Sets up a quota system**: Each licence holder gets a maximum catch limit (quota) based on 'units' allocated to their licence. The Minister sets how many kilograms each unit is worth each year\n- **Allows quota trading**: Fishers can buy, sell, or transfer units between licences with Minister approval\n- **Manages catch flexibility**: If you don't catch your full quota one year, you can usually carry over up to 10% to the next year (or more in exceptional circumstances). If you overfish, you lose double the excess from next year's quota\n- **Regulates how fishing happens**: Rules about using 'agents' (helpers) on shore, requiring them to stay within 700 metres of the licence holder, and limiting helpers to two at a time\n- **Tracks the catch**: Requires detailed record-keeping, weighing, tagging, and delivery to registered processors\n\n**Why it matters:**\nThis protects vongole stocks from overfishing by capping total catch, while giving fishers flexibility to manage their quotas across years. It also improves traceability by ensuring all commercial vongole goes through registered processors."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed as the legislative text was not accessible. No comparison between original intent and final form is possible from the retrieved content."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is impossible without access to the actual text of the regulations","Complexity cannot be meaningfully assessed; score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These regulations, made under South Australia’s Fisheries Management Act, set the legal framework for the vongole (pipi) fishery — typically defining who may harvest pipis, catch limits, permitted gear, licensing rules and fishing locations. They primarily affect commercial pipi harvesters, licence holders and fishing businesses, and may also impact recreational fishers; they matter for lawful harvest and fisheries management in South Australian coastal waters."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These regulations remove vongole management from the Marine Scalefish Fishery context and establish a separate Vongole Fishery with eligibility largely limited to persons who held relevant Marine Scalefish Fishery vongole quota conditions immediately before 1 July 2021 (reg 5; reg 3(4); reg 4). The 2022 variations to regulation 9 changed quota‑variation mechanics (see legislative history and notes to r 9), altering carry‑over and adjustment rules."},"complexity_factors":["Detailed spatial definitions using GDA2020 coordinates for multiple vongole fishing zones (reg 3(1): Coffin Bay, Port River, West Coast).","Quota calculation combines licence 'unit entitlement' with a ministerially determined 'unit value' each quota period (reg 3 definitions; reg 9(2)).","Complex carry‑over and adjustment rules allowing increases or decreases to entitlements with percentage caps and 'exceptional circumstances' discretion (reg 9(3)(e)‑(g), (4a)‑(4c)).","Broad ministerial discretion to set determinations affecting reporting, forms, timings and unit values, with publication and notice requirements (reg 17; reg 9(2); regs 10,13,15).","Eligibility and transfer constraints tied to historical Marine Scalefish Fishery licences and procedural tests (age, 'fit and proper' for individuals and company directors, company extracts) (reg 5; reg 6).","Multiple administrative steps and documentary requirements for registration, revocation and transfer of licences (regs 6–8).","Operational constraints on use of shore agents including proximity and numerical limits, differing by whether registered boats are used (regs 11–12).","Detailed statutory record‑keeping, inspection rights and varying penalty/expiation fees across offences (regs 10,13–16).","Cross‑referencing to prior Marine Scalefish Fishery definitions and transitional provisions increases interpretive load (reg 3(4); legislative history)."],"plain_english_summary":"Creates a standalone Vongole Fishery and regulates taking of vongole in specified zones. It sets who may hold licences, an individual catch‑quota system (unit entitlement × minister‑set unit value), transfer and registration rules, reporting and record‑keeping, delivery to registered processors, limits on agents, and penalties.\n\nAffects licence‑holders, vessel masters, agents and processors. Compliance costs include regular returns, record maintenance, sealed/labelled consignments and licence‑transfer conditions; many operational details and quota adjustments are made by Ministerial determinations."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-vongole-fishery-regulations-2021","history":"/api/acts/fisheries-management-vongole-fishery-regulations-2021/history","analysis":"/api/acts/fisheries-management-vongole-fishery-regulations-2021/analysis","conflicts":"/api/acts/fisheries-management-vongole-fishery-regulations-2021/conflicts","importantCases":"/api/acts/fisheries-management-vongole-fishery-regulations-2021/important-cases","documents":"/api/acts/fisheries-management-vongole-fishery-regulations-2021/documents"}}