Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 80
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Environment Protection and Biodiversity Conservation Act 1999.
Dated 14 May 2009
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
PETER ROBERT GARRETT
Minister for the Environment, Heritage and the Arts
1              Name of Regulations
                These Regulations are the Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Environment Protection and Biodiversity Conservation Regulations 2000
                Schedule 1 amends the Environment Protection and Biodiversity Conservation Regulations 2000.
Schedule 1        Amendments
(regulation 3)
 
[1]           Paragraph 12.18 (2) (a)
omit
item
insert
item mentioned in that subregulation
[2]           Paragraph 12.18 (2) (b)
substitute
               (b)    possession of the item mentioned in that subregulation by a person on a vessel if:
                          (i)    the item is stowed securely; and
                         (ii)    the vessel is in passage through a marine area or anchored or moored in a marine area.
[3]           After subregulation 12.18 (4)
insert
      (4A)   Paragraph (1) (b) does not apply to the use or possession of a spear in an area if the Director has made a determination under paragraph 12.35 (3) (b) that a spear may be used for taking fish in the area.
      (4B)   Paragraph (1) (d) does not apply to the use or possession of a spear gun in an area if the Director has made a determination under paragraph 12.35 (3) (b) that a spear gun may be used for taking fish in the area.
[4]           After subregulation 12.18 (6)
insert
      (6A)   Paragraph (1) (h) does not apply to the use or possession, in an area of water, of a device that can be used, or is designed, for taking fish if the Director has made a determination under paragraph 12.35 (3) (b) that a device of that kind may be used for taking fish in the area.
         (7)   An offence against subregulation (1) is an offence of strict liability.
[5]           Subregulation 12.35 (2), including the penalty
substitute
         (2)   A person commits an offence if the person takes fish in a Commonwealth reserve in contravention of a determination made by the Director under subregulation (3).
Penalty:   50 penalty units.
Note   Paragraph 354 (1) (a) of the Act provides that a person must not kill, injure, take, trade, keep or move a member of a native species in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A sets out the offence in relation to that paragraph.
[6]           Paragraph 12.35 (3) (b)
substitute
               (b)    for an area of water where fishing is allowed:
                          (i)    that specified kinds, quantities or combinations of fishing gear must not be carried or used; and
                         (ii)    that specified kinds, quantities or combinations of fishing gear may be carried or used; and
                         (iii)    that specified kinds of fishing gear must be carried or used by a person who is fishing or intending to fish; and
                        (iv)    that specified methods of taking fish may, or must not, be used by a person who is fishing or intending to fish; and
                         (v)    that equipment that allows a person to breathe under the surface of the water may be used; and
                        (vi)    the kind of fish that a person may take, or must not take; and
                        (vii)    the maximum number of fish, or maximum number of a species of fish, that a person may possess in a day; and
                       (viii)    the minimum or maximum size of fish, or minimum or maximum size of a species of fish, that a person may take; and
                        (ix)    the maximum number of fillets of fish, or the maximum number of fillets of a species of fish, that a person may possess in a day; and
                         (x)    the minimum or maximum size of fillets of fish, or minimum or maximum size of fillets of a species of fish, that a person may possess; and
                        (xi)    that, if a person stores any fish in a freezer, the fish must be stored in bags clearly marked with the name of the person who owns the fish; and
                        (xii)    the type or origin of bait that may be used; and
                       (xiii)    that the cleaning or filleting of fish may be undertaken in an area of water.
[7]           Subregulations 12.35 (4) and (5)
substitute
         (4)   A person who is fishing in an area of water commits an offence if the person:
                (a)    uses equipment that allows the person to breathe under the surface of the water; or
               (b)    attracts or takes fish using, or installs, equipment other than:
                          (i)    a rod and line to which a single hook or fishing lure is attached; or
                         (ii)    a hand‑held line to which a single hook or fishing lure is attached; or
                         (iii)    a hand‑held net designed to land a fish caught on a hook or fishing lure attached to a line; or
                        (iv)    a spear or spear gun of a kind that is mentioned in a determination made under subparagraph (3) (b) (iv) as a method of taking fish in the area of water; or
                (c)    uses a hand‑held net to take a fish that has not been caught on a hook or fishing lure attached to a line; or
               (d)    tethers fish (whether or not alongside a boat).
Penalty:   30 penalty units.
      (4A)   Subregulation (4) does not apply to an action taken by a person if the action is in accordance with a determination made under subregulation (3) for the area of water.
         (5)   A person commits an offence if, in a Commonwealth reserve, the person:
                (a)    uses a live animal as bait for fishing; or
               (b)    uses a member of a native species, other than a species of fish, as bait for fishing; or
                (c)    leaves a fishing line unattended while the fishing line is being used for fishing; or
               (d)    cleans or fillets fish:
                          (i)    if the person is on land — within 50 metres of any area of water, except at a facility provided by the Director for that purpose; or
                         (ii)    if the person is in an area of water — within 1 kilometre of land.
Penalty:   15 penalty units.
      (5A)   Subregulation (5) does not apply to an action taken by a person if the action is in accordance with a determination made under subregulation (3).
[8]           After subregulation 12.35 (6)
insert
         (7)   An offence against subregulation (2), (4) or (5) is an offence of strict liability.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.