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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations implement the Pearl Fisheries Act by specifying the licences, application forms, fees, ship identification, diving medical checks, navigation signals and monthly/annual returns required to search for and obtain pearl shell, trochus, bêche‑de‑mer and green snail in proclaimed waters. They also list detailed geographic boundaries for those waters.
They affect licence‑holders, ship owners and divers (who pay fees and must report catches and shipments), and licensing authorities (who grant, transfer, duplicate or cancel licences); breaches attract fines and may create civil liability.
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Direct links to the current provisions in Pearl Fisheries Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1953. No. 84.
REGULATIONS UNDER THE PEARL FISHERIES ACT 1952-1953.*
I THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Pearl Fisheries Act 1952-1953.
Dated this Twenty fifth
day of September , 1953.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture.
Pearl Fisheries Regulations.
Citation.
Commencement.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears—
“licensing authority” means a person or authority authorized by or under the Act to grant licences under section 10 of the Act in respect of proclaimed waters or an area of proclaimed waters;
“master”, in relation to a ship, includes any person in charge of the ship;
“the Act” means the Pearl Fisheries Act 1952-1953;
“the Navigation (Collision) Regulations” means the Navigation (Collision) Regulations in force from time to time under the Navigation Act 1912-1952.
(2.) In these Regulations, a reference to a form by letter shall be read as a reference to the form so lettered in the First Schedule to these Regulations and as including a reference to the directions contained in the form.
Pearling licence.
4.—(1.) An application for a licence to search for and obtain pearl shell, trochus, bêche-de-mer or green snail shall not be deemed to have been duly made unless—
(a) it is made in writing addressed to a licensing authority;
* Notified in the Commonwealth Gazette on , 1953.
605.—Price 10/15.9.1953.
(b) it specifies the name and address of the applicant and identifies the area of proclaimed waters in respect of which the applicant seeks the licence; and
(c) it is accompanied by the prescribed fee.
(2.) A licence to search for and obtain pearl shell, trochus, bêche-de-mer or green snail shall be in accordance with Form A.
Ship licence.
5.—(1.) An application for a licence authorizing the use of a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail shall not be deemed to have been duly made unless—
(a) it is made in accordance with Form B to a licensing authority; and
(b) it is accompanied by the prescribed fee.
(2.) A licence authorizing the use of a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail shall be in accordance with Form C.
Transfer of ship licence.
6.—(1.) An application for the transfer of a licence authorizing the use of a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail shall not be deemed to have been duly made unless—
(a) it is made in accordance with Form D to a licensing authority; and
(b) it is accompanied by the prescribed fee.
(2.) Where an application for the transfer of a licence authorizing the use of a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail is approved, the licensing authority shall endorse on the licence a memorandum of the transfer in accordance with Form E.
Divers’ licences.
7.— (1.) An application for the grant of a licence to or in respect of a diver, trial diver or diver’s tender employed on a ship licensed under sub-section (2.) of section 10 of the Act shall not be deemed to have been duly made unless—
(a) the applicant applies in person to a licensing authority; and
(b) in the case of an application for the grant of a licence to or in respect of a diver or trial diver, the applicant furnishes to the licensing authority a certificate signed, not earlier than thirty days before the date of the application, by a medical practitioner certifying that the diver or trial diver is not, in the opinion of the medical practitioner, suffering from a disease, complaint or infirmity likely to render the occupation of diving specially dangerous to him.
(2.) A licence granted to or in respect of a diver shall be in accordance with Form F.
(3.) A licence granted to or in respect of a trial diver shall be in accordance with Form G.
(4.) A licence granted to or in respect of a diver’s tender shall be in accordance with Form H.
Lost or destroyed licences.
8.—(1.) Where a licence granted under section 10 of the Act (in this regulation referred to as “the original licence”) has been lost or destroyed, the holder of the licence may make application in writing to a licensing authority for the issue to him of a duplicate licence.
(2.) If the licensing authority is satisfied that—
(a) the original licence has been lost or destroyed; and
(b) no improper use has been or is being made of the original licence by, or with the consent of, the applicant,
he may, upon payment by the applicant of the prescribed fee, issue to him a duplicate licence.
(3.) A duplicate licence issued under this regulation has the same force and effect as the original licence.
(4.) A person shall not, in or in relation to an application under this regulation, make a statement or furnish information that is false or misleading in any particular.
Penalty: One hundred pounds.
Defaced licences.
9.—(1.) Where a licence granted under section 10 of the Act (in this regulation referred to as “the original licence”) has been defaced, a licensing authority may—
(a) upon application in writing, accompanied by the original licence; and
(b) upon payment of the prescribed fee,
issue a duplicate licence to the holder of the original licence.
(2.) A duplicate licence issued under this regulation has the same force and effect as the original licence.
Licensees to furnish particulars for statistical purposes.
10.—(1.) The holder of a licence to search for and obtain pearl shell, trochus, bêche-de-mer or green snail shall—
(a) not later than the seventh day of the month of February in each year, furnish to a licensing authority at the place where his licence was granted a return, in accordance with Form J, showing particulars of—
(i) the weight and value of pearl shell, trochus, bêche-de-mer and green snail respectively, and the value of pearls, taken by him in proclaimed waters; and
(ii) the average number of persons employed by him on board pearling ships in respect of which he is the holder of licences under sub-section (2.) of section 10 of the Act and at pearling stations in Australia or a Territory,
during the year that ended on the thirty-first day of January then last preceding; and
(b) not later than the seventh day of each month, furnish to a licensing authority at the place where his licence was granted—
(i) a return, in accordance with Form K, showing particulars of the weight of pearl shell, trochus, bêche-de-mer and green snail respectively taken
in proclaimed waters during the preceding month by each pearling ship in respect of which he is the holder of a licence under sub-section (2.) of. section 10 of the Act; and
(ii) a return, in accordance with Form L, showing particulars of the weight of pearl shell, trochus, bêche-de-mer and green snail respectively that, having been landed by him at a place in Australia or a Territory, have, during the preceding month, been shipped by him or on his behalf from that place to another place whether in Australia or a Territory or not.
(2.) A person shall not furnish information under this regulation that is false or misleading in any particular.
Penalty: One hundred pounds.
Licence fees.
Distinguishing letter and number.
12.—(1.) Where a licensing authority grants an application for a licence to use a ship in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail, he shall assign to the ship a distinguishing letter and number.
(2.) If—
(a) a ship in respect of which a licence under sub-section (2.) of section 10 of the Act is in force—
(i) is being or has been used for pearling in proclaimed waters since the grant of the licence; and
(ii) does not bear the distinguishing letter and number assigned to it under the last preceding sub-regulation conspicuously and legibly painted on each bow, above the water line, in dark letters and figures on a light ground, or in light letters and figures on a dark ground, each letter and figure being not less than twelve inches in depth;
(b) a ship in respect of which such a licence has been granted has ceased to be so licenced, and the distinguishing letter and number assigned to it under the last preceding sub-regulation has not been completely obliterated or removed; or
(c) a ship that is being used for pearling in proclaimed waters has painted or displayed upon a bow a letter or number not being—
(i) the letter and number assigned to it in pursuance of this regulation or under a law of a State; or
(ii) a letter or number assigned to it under a law of another country,
the master and the owner of the ship shall each be deemed to be guilty of an offence against this regulation punishable by a fine not exceeding One hundred pounds.
Certain provisions of regulation 12 not to apply to ships licensed under State law.
(a) is licensed under the law of a State to be used in searching for and obtaining pearl shell, trochus, bêche-de-mer or green snail; and
(b) has painted or displayed on it an identification letter and number in accordance with that law.
Signals and rules of navigation.
14.—(1.) The signals and rules of navigation prescribed by the Navigation (Collision) Regulations and by this regulation shall be observed by persons in charge of pearling ships in proclaimed waters.
(2.) The person in charge of a pearling ship carrying out diving operations in proclaimed waters and not under command shall keep at hand a red pennant which he shall, on the approach of another ship, whether or not that other ship is a pearling ship, cause to be displayed in a prominent position on his ship.
(3.) The person in charge of a pearling ship under way shall give a wide berth to a pearling ship displaying the red pennant referred to in the last preceding sub-regulation.
(4.) Nothing in the last two preceding sub-regulations gives a right to a pearling ship carrying out diving operations to obstruct a fairway used by ships other than pearling ships.
(5.) A person in charge of a pearling ship in proclaimed waters shall not—
(a) contravene or fail to comply with a rule of navigation prescribed by the Navigation (Collision) Regulations or by this regulation;
(b) fail to exhibit, display or use a light or signal required by the Navigation (Collision) Regulations or by this regulation to be exhibited, displayed or used; or
(c) exhibit, display or use a light or signal other than those prescribed by the Navigation (Collision) Regulations or by this regulation.
Penalty: One hundred pounds.
(6.) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by his failure to observe a signal or rule of navigation required by this regulation to be observed.
Short methods of reference to areas of waters.
15.—(1.) The areas of proclaimed waters, and the areas of waters that include waters that are proclaimed waters, described in full in the second column of the Third Schedule to these Regulations may be referred to by the short descriptions respectively specified in the first column of that Schedule.
(2.) The short methods of reference referred to in the last preceding sub-regulation may be used in a licence under section 10 of the Act, an application for, or for the transfer of, such a licence, or in a delegation under section 7 of the Act.
THE SCHEDULES.
FIRST SCHEDULE.
Licence No. Form A.
Regulation 4.
Commonwealth of Australia.
Pearl Fisheries Act 1952-1953.
LICENCE TO SEARCH FOR AND OBTAIN PEARL SHELL, TROCHUS, BÊCHE-DE-MER OR GREEN SNAIL.
Place of issue Date of issue
Subject to the conditions specified hereunder,
of is licensed to search for and obtain pearl shell, trochus, bêche-de-mer and green snail* in the area (s) of proclaimed waters specified hereunder.
Area(s) of Proclaimed Waters.
This licence is granted subject to the following conditions:—
1. The said shall comply with the provisions of the Pearl Fisheries Act 1952-1953 and of any regulations and notices that are for the time being in force under that Act.
2. †
Unless sooner cancelled in pursuance of section 10 of the Pearl Fisheries Act 1952-1953, this licence shall remain in force until the thirty-first day of January, 19 .
Licensing authority.
* Strike out any of these items to which the licence does not relate.
† Here insert any other conditions subject to which the licence is granted.
Form B.
Regulation 5.
Commonwealth of Australia.
Pearl Fisheries Act 1952-1953.
APPLICATION FOR SHIP LICENCE.
To the licensing authority at
I,* of† . hereby apply for a licence (or licences) to use, and to permit and suffer to be used, the ship(s) specified hereunder in searching for and obtaining pearl shell, trochus, bêche-de-mer and green snail‡ in the area (s) of proclaimed waters specified hereunder during the year ending 31st January, 19
| No. | Name of ship. | Description of ship. | How painted. | Official number. | Port of registry. | Tonnage. | Horsepower of engine. | Number of diver connexions. | Value of ship and equipment. | Name of owner. | Area(s) of proclaimed waters in respect of which licence is required. |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | |||||||||||
| 2. | |||||||||||
| 3. | |||||||||||
| 4. |
Dated this day of , 19.
Signature of applicant.
* Name in full.
† Address in full.
‡ Strike out any of these items to which the application does not relate.
Licence No. Form C.
Regulation 5.
Commonwealth of Australia.
Pearl Fisheries Act 1952-1053.
SHIP LICENCE.
Place of issue Date of issue
Subject to the conditions specified hereunder, of is licensed to use, and to permit and suffer to be used, the ship specified hereunder, in searching for and obtaining pearl shell, trochus, bêche-de-mer and green snail* in the area(s) of
This is an opening excerpt, not the complete document.