292Persons to whom the minimum sizes in regulation 291 do not apply

292 Persons to whom the minimum sizes in regulation 291 do not apply

(1) Regulation 291 does not apply to a person who takes or possesses abalone of a species specified in that regulation that is less than the minimum size for that species of abalone if—

(i) is the holder of, or is acting on behalf of the holder of, an Aquaculture (Crown Land—Abalone) Licence
or an Aquaculture (On‑shore Abalone) Licence authorising the hatching, rearing, breeding, growing or displaying of abalone of that species; and

(ii) takes or possesses the abalone in accordance with the licence, the Act and these Regulations; or

(i) is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking or possession of that species of abalone of that size; and

(ii) takes or possesses the abalone in accordance with the permit, the Act and these Regulations.

(2) Regulation 291 does not apply to a person acting in accordance with the Act and these Regulations who possesses abalone of a species specified in that regulation that is less than the minimum size for that species of abalone, if the person received the abalone from a person referred to in subregulation (1) and the abalone is—

(a) marked or labelled with an abalone label; and

(b) accompanied by a fish receipt created by the person referred to in subregulation (1) in respect of the abalone at the time of the sale or consignment of that abalone.