11SPrincess Charlotte Bay SMA — special management provisions

11S Princess Charlotte Bay SMA — special management provisions

primary commercial fishing boat licence means a primary commercial fishing boat licence issued under the law of Queensland.

specified area means the area enclosed by the meridians 143 30.00 E and 144 30.00 E and the parallels 14 00.00 S and 14 30.00 S.

Note   The area defined is known as the Queensland fisheries logbook areas D11 and E11.

 (2) For section 4.2.4 of the Zoning Plan, the Authority may grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) only if:

 (a) the person is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the specified area; and

 (b) in accordance with the licence, netting was carried out in the specified area:

 (i) at any time between 1 January 1996 and 31 December 1999 (inclusive); and

 (ii) at any time in 3 or more calendar years between 1 January 1988 and 31 December 1999 (inclusive); and

 (c) in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in the specified area in the period mentioned in subparagraph (b) (ii).

 (3) An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) must, in addition to containing the information required by subregulation 14E (2), be accompanied by adequate evidence showing that the applicant satisfies the criteria in subregulation (2).

 (4) For the purposes of subregulation (3), an application is accompanied by adequate evidence if the application is accompanied by:

 (a) a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 of Queensland, showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (2) (a); and

 (b) a copy of each of the documents specified in subregulation (5), certified to be a true copy by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 of Queensland), showing that the applicant had complied with the conditions set out in paragraphs (2) (b) and (c).

 (5) For paragraph (4) (b), the following documents are specified:

 (a) each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority or the State of Queensland through the Queensland Fisheries Service under regulation 109 of the Fisheries Regulation;

 (b) if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 of Queensland.