Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002
26Contingency arrangements for breakdown of meal plant
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26 Contingency arrangements for breakdown of meal plant
(1) For paragraph 24(2)(b), the following contingency arrangements apply: (a) offal must not be discharged when: (i) fishing gear is in the water; or (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands; (b) at least once a day and at different times, the observer must observe the offal discharge and record: (i) the date, location, weather and sea conditions during the observation; and (ii) the approximate amount of offal discharged during the observation; and (iii) the behaviour of the discharge; and (iv) the location and activity of the nominated boat during the discharge; and (v) the interaction of seabirds and marine mammals with the discharge; (c) the observer must try to collect random samples of the offal discharge for analysis. (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder: (a) must stop fishing in the area of the fishery; and (b) must stow all fishing gear; until after the meal plant is repaired.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.