Transport Infrastructure (Public Marine Facilities) Regulation 2023
sec.87Unloading fish in State managed boat harbour
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sec.87 Unloading fish in State managed boat harbour
A person who is the owner, the master or apparently in charge of a fishing ship (the operator ) must not unload fish from the fishing ship at a place in a State managed boat harbour to a person who is not the holder of a fish receival service approval for the place. Maximum penalty—20 penalty units. However, the operator does not commit an offence against subsection (1) if— the operator unloads fish, at the place— into a fixed facility provided by the holder of a fish receival service approval for the place; and in accordance with the holder’s approval; and the person receiving the fish at the facility has the holder’s prior permission to operate a service to receive fish into the facility at the place. (sec.87-ssec.1) A person who is the owner, the master or apparently in charge of a fishing ship (the operator ) must not unload fish from the fishing ship at a place in a State managed boat harbour to a person who is not the holder of a fish receival service approval for the place. Maximum penalty—20 penalty units. (sec.87-ssec.2) However, the operator does not commit an offence against subsection (1) if— the operator unloads fish, at the place— into a fixed facility provided by the holder of a fish receival service approval for the place; and in accordance with the holder’s approval; and the person receiving the fish at the facility has the holder’s prior permission to operate a service to receive fish into the facility at the place.
- (a) the operator unloads fish, at the place— (i) into a fixed facility provided by the holder of a fish receival service approval for the place; and (ii) in accordance with the holder’s approval; and
- (i) into a fixed facility provided by the holder of a fish receival service approval for the place; and
- (ii) in accordance with the holder’s approval; and
- (b) the person receiving the fish at the facility has the holder’s prior permission to operate a service to receive fish into the facility at the place.
- (i) into a fixed facility provided by the holder of a fish receival service approval for the place; and
- (ii) in accordance with the holder’s approval; and