South Australian Consolidated Regulations South Australian Consolidated Regulations18—Individual sardine catch quota system
(1) This regulation
applies only in relation to licences in respect of the
Marine Scalefish Fishery under which sardine nets are registered.
(2) In this
regulation—
"quota period"—a quota period for the Marine Scalefish Fishery is a
period of 12 months commencing on 1 January;
"sardine quota entitlement" or "quota entitlement", in relation to a licence
in respect of the Marine Scalefish Fishery, means the maximum number of
kilograms of sardines that may lawfully be taken by the holder of the licence
during a quota period, being the product of—
(a) the
unit entitlement under that licence; and
(b) the
unit value for that quota period,
subject to any variation applying during that quota period;
"unit entitlement" means the number of sardine units for the time being
allocated to a licence;
"unit value" means the number of kilograms of sardines determined by the
Minister to be the value of a sardine unit for a prescribed period.
(3) The Minister must,
on or before the commencement of each quota period, determine the number of
kilograms of sardines that is to be the value of a sardine unit for the
quota period.
(4) The Minister may
impose or vary conditions on licences in respect of the
Marine Scalefish Fishery fixing sardine quota entitlements as follows:
(a) all
licences in respect of the fishery must be allocated the same number of
sardine units;
(b) the
Minister may, not more than twice during a quota period, vary the conditions
of all licences in respect of the fishery so as to increase the
sardine quota entitlements under the licences by the same number of sardine
units;
(c) on
joint application made to the Minister by the holders of any 2 licences
in respect of the fishery, the conditions of those licences may be varied so
as to increase (by whole units or part units) the unit entitlement under 1 of
the licences and decrease the unit entitlement under the other licence by a
corresponding number of units;
(d) if
the total catch of sardines taken by the holder of a licence in respect of the
fishery during a quota period exceeded the sardine quota entitlement under the
licence for that quota period, the conditions of the licence may be varied so
as to decrease the sardine quota entitlement—
(i)
if the catch exceeded the sardine quota entitlement by
not more than 2 tonnes of sardines—by 1 kilogram for each
kilogram taken in excess of the sardine quota entitlement; or
(ii)
if the catch exceeded the sardine quota entitlement by
more than 2 tonnes but not more than 4 tonnes of sardines—by
2 kilograms for each kilogram taken in excess of the sardine quota
entitlement;
(i)
the holder of a licence in respect of the fishery is
convicted of an offence of contravening a condition of the licence fixing a
sardine quota entitlement; and
(ii)
the conduct constituting the offence involved the taking
of more than 4 tonnes of sardines in excess of the quota entitlement,
the conditions of the licence may be varied so as to decrease the sardine
quota entitlement under the licence for 3 quota periods following the
conviction by 1 kilogram for each kilogram taken in excess of the sardine
quota entitlement for the quota period during which the offence was committed;
(f) a
variation of a quota entitlement or unit entitlement under this subregulation
(other than paragraph (e)) must be expressed to apply only for the
remainder of the quota period during which the variation is made.
(5) An application to
vary unit entitlements must—
(a) be
made in a manner and form approved by the Minister; and
(b) be
signed by the applicants and completed in accordance with the instructions
contained in the form; and
(c) be
accompanied by the appropriate fee fixed by the Fisheries Management (Fees)
Regulations 2007 .