104Rules

104 Rules

[Section 104 Substituted by No. 7 of 2007, s. 34, Applied:30 Apr 2007]

(1)  The Minister may make rules for –

(a) marine resources protected area management plans; and

(b) habitat protection plans.

(2)  Without limiting the generality of subsection (1) , rules may be made in relation to the following matters:

(a) the prohibition of all or any fishing;

(b) the restriction of any fishing to any season, class of person, time, area, fishing method, apparatus, species, size, quantity, class of fish or for any purpose;

(c) the possession of any species, size, class or quantity of fish;

(d) the use and possession of any apparatus or other matter, equipment, contrivance or vessel;

(e) the granting of an approval under section 132 ;

(f) reporting, notification, marking, identification, landing or monitoring requirements in respect of any activity likely to have a detrimental effect on the environment;

(g) any other matter the Minister considers necessary or convenient to achieve the objectives of the marine resources protected area management plan or the habitat protection plan.

(3)  Rules may –

(a) provide that a contravention of any of the rules is an offence; and

(b) in respect of any offence, provide for the imposition of –

(i) a penalty of either or both of the following:

(A) imprisonment for a term not exceeding 2 years;

(B) a fine not exceeding 5 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues; or

(ii) a penalty specified in the regulations.