118Tagging exemptions

118 Tagging exemptions

(1)  The Secretary may exempt a person or group of persons from the need to comply with a requirement under rule 117 if the Secretary reasonably considers that –

(a) compliance with the requirement is unnecessary, impracticable or unreasonable; and

(b) granting the exemption would not be detrimental to the rock lobster fishery.

(2)  An exemption under subrule (1) (a tagging exemption) may be granted –

(a) on application in accordance with subrule (3) ; or

(b) if the Secretary considers it necessary or desirable, on the Secretary's own initiative.

(3)  An application is to be –

(a) in an approved form; and

(b) supported by such information or evidence as the Secretary may require, either at the time of lodgement or subsequently.

(4)  A tagging exemption may be granted –

(a) by such means as the Secretary thinks fit; and

(b) unconditionally or on such conditions as to duration, supervision, circumstance or otherwise as the Secretary thinks fit.

(5)  A person who has the benefit of a tagging exemption must not contravene a condition of the tagging exemption.

Penalty:  Grade 2 penalty.

(6)  The Secretary may, by notice, vary the conditions of, or revoke, a tagging exemption at any time.

(7)  The Secretary is to ensure that a notice refusing an application for a tagging exemption, or a notice varying or revoking a tagging exemption, states the reasons for the action being taken.

(8)  The Secretary may give such public and private notice of a tagging exemption as the Secretary thinks fit.