88VLimitations on granting permissions to enter or use Princess Charlotte Bay SMA—special management provisions

#### 88V Limitations on granting permissions to enter or use Princess Charlotte Bay SMA—special management provisions (1) In this regulation: > primary commercial fishing boat licence means a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time. > 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 must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) unless: (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 Division 2A.2, be accompanied by evidence of the kind mentioned in subregulation (4) showing that the applicant satisfies the criteria in subregulation (2). (4) For subregulation (3), the evidence is: (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 true copies 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 former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 of Queensland, as in force on 1 July 2004; (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. (6) The matters mentioned in subregulation (2) are additional to the matters that the Authority is required to consider under regulation 88Q. (7) This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (2).