Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person who
packages or stores fish —
(a)
other than at the person’s principal place of residence; or
(b) at
the person’s principal place of residence if that place is
in —
(i)
the Exmouth townsite, as referred to in
regulation 16L(1); or
(ii)
Ningaloo Marine Park Land Zone, as referred to in
regulation 16L(1),
must ensure that a
label, as described in subregulation (2), is securely attached to each
package containing fish and to each fish that is stored other than in a
package.
Penalty: $5 000 and the penalty provided in
section 222 of the Act.
(2) For the purposes
of subregulation (1) a label must —
(a) be
not less than 75 mm in length and 25 mm in width; and
(b) have
legibly written on it the full name of the owner of the fish or package to
which the label is attached; and
(c) be
attached to the fish or package in such a manner that it is clearly visible
for inspection.
(3)
Subregulation (1) does not apply to, and in respect of —
(a) fish
taken for a commercial purpose by a person in accordance with an
authorisation; or
(b) fish
kept, bred, hatched or cultured by the person in accordance with an
aquaculture licence; or
(c) fish
of the Family Atherinidae, Clupeidae, Engraulidae, Hemirhamphidae or
Mugilidae; or
(d)
fish —
(i)
in the possession and under the direct physical control
of the person who took the fish; and
(ii)
packaged or stored together only with fish taken by the
same person;
or
(e) fish
taken by a person on, or who has just completed, a day trip; or
(f) fish
taken by a person and packaged or stored with fish not taken by the person,
if —
(i)
the quantity of fish packaged or stored together does not
exceed the total of the maximum quantity of fish that one person may be in
possession of in accordance with regulation 16D; and
(ii)
no other fish are packaged or stored by the person.
(4) For the purposes
of subregulation (1), a person using or having control of —
(a) a
vehicle in which fish is present; or
(b) a
refrigerator, freezer, icebox, or other storage container in which fish is
present,
is, in the absence of
proof to the contrary, to be taken to have packaged or stored the fish.
(5) In this
regulation —
day trip has the same meaning as in
regulation 16E;
package means any type of wrapping, package, or
container;
store , in relation to fish, includes the act of
placing in a refrigerator, freezer, icebox, or other storage container.
[Regulation 22 inserted in Gazette
1 Oct 2003 p. 4299‑300; amended in Gazette
4 Nov 2005 p. 5309‑10; 22 Dec 2005
p. 6221; 29 May 2008 p. 2057.]
[Division 3: Former heading and r. 23‑29 deleted in Gazette
1 Oct 2003 p. 4299.]
[Division 3A: Heading and r. 29A‑29C deleted in Gazette
1 Oct 2003 p. 4299.]
[Division 4: Former heading and r. 30 deleted in Gazette
1 Oct 2003 p. 4299.]
[Division 4A: Heading and r. 30A, 30B deleted in Gazette
1 Oct 2003 p. 4299.]
[Division 4B: Heading and r. 30BA, 30C, 30E‑30EC deleted
in Gazette 1 Oct 2003 p. 4299; r. 30D deleted in Gazette
28 Feb 2003 p. 661.]
[Division 4C‑4F: Headings and r. 30F‑30M deleted in
Gazette 1 Oct 2003 p. 4299.]