Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears —
aircraft includes a float plane and an air
cushioned craft;
bag limit has the same meaning as in
section 50 of the Act;
carrier boat licence means a licence referred to
in regulation 119;
commercial fishing licence means a licence
referred to in regulation 121;
complying drop net means a drop net
that —
(a) is
not more than 1.5 m at its widest point; and
(b) is
so constructed that when set —
(i)
its side or sides collapse so that its netting lies flat
on the ground; and
(ii)
its netting is not capable of ensnaring or entangling a
fish;
Cottesloe Reef waters means the waters of the
Cottesloe Reef as defined in the Cottesloe Reef Fish Habitat Protection Area
Order 2001 ;
disease means any disease of fish;
eastern gulf land area means the land adjacent to
the waters of the Shark Bay eastern gulf;
fillet means any part or piece of a finfish, other
than a whole fish, fish trunk, head, tail, fin or a product of gilling or
gutting the fish;
finfish means fish of the Class Elasmobranchii
(Chondrichthyes) or Osteichthyes;
fish processor’s licence means a licence
granted under section 83 of the Act;
fish trunk means —
(a) a
finfish that would be a whole fish except that —
(i)
all of its head; and
(ii)
all of its tail,
has been removed; or
(b) a
low risk finfish that would be a whole fish except that all, or any part of,
its head, tail or scales has been removed; or
(c) a
shark that would be a whole fish except that —
(i)
all of its head; and
(ii)
all of its tail; and
(iii)
one or more of its fins,
has been removed;
fishing boat licence means a licence referred to
in regulation 117;
fishing net means any fishing net other
than —
(a) a
hand scoop or hand dip net; or
(b) a
prawn hand trawl net; or
(c) a
complying drop net;
form followed by a number means the form of that
number in Schedule 14;
Freycinet Estuary means the waters of Shark Bay
western gulf south of 26° 13′ south latitude, excluding the waters
of Useless Inlet and Blind Inlet;
Gascoyne Region means —
(a) all
land in the State; and
(b) all
WA waters,
that are north of 27° 00′ south
latitude, excluding the Pilbara and Kimberley Region;
gear identification number of a person
means —
(a) any
letters and numbers specified in accordance with —
(i)
regulation 124(2)(b) on a recreational fishing
licence held by the person; or
(ii)
regulation 124A(4) on a receipt, within the meaning
of that regulation, for an application for a recreational fishing licence
issued to the person;
or
(b)
where the person is an Aboriginal person who does not hold a recreational
fishing licence, the letter “A” followed by the day, month and
year of the birth of the person in numbers (i.e. A 29/3/59);
jet ski means a jet ski or any other any vessel
designed for the transport of one, 2 or 3 persons that —
(a) is
propelled by means of an inboard motor powering a water jet pump; and
(b) is
designed to be steered by means of handlebars by a person sitting, standing or
kneeling on the vessel and not within it;
Kalbarri Blue Holes waters means the waters of the
Kalbarri Blue Holes as defined in the Kalbarri Blue Holes Fish Habitat
Protection Area Order 2007 ;
Lancelin Island Lagoon means the waters of the
Lancelin Island Lagoon as defined by the Lancelin Island Lagoon Fish Habitat
Protection Area Order 2001 ;
lawful overnight stay on an island means staying
on an island —
(a) for
a period of at least 5 hours which includes midnight; and
(b)
without contravening any relevant written law about —
(i)
accommodation on the island; or
(ii)
staying overnight on the island;
licensed carrier boat means a boat in respect of
which a carrier boat licence is held;
licensed carrier boat number in respect of a
licensed carrier boat means the number allocated under regulation 120(3)
in respect of the boat;
licensed fishing boat means a boat in respect of
which a fishing boat licence is held;
licensed fishing boat number in respect of a
licensed fishing boat means the letter and number allocated under
regulation 118(3) in respect of the boat;
low risk finfish has the same meaning as in
regulation 16(1);
marron drop net has the same meaning as in
regulation 38G;
marron pole snare has the same meaning as in
regulation 38G;
marron scoop net has the same meaning as in
regulation 38G;
marron trophy waters means the waters
of —
(a)
Harvey Weir; and
(b) Lake
Navarino (Waroona Dam) and its tributaries; and
(c) Hutt
River;
metropolitan waters means all WA waters between
31° 29.580′ south latitude (northern wall of the Two Rocks
Marina) and 32° 41.453′ south latitude (Cape Bouvard);
mollusc does not include pearl oyster;
motor boat means a vessel propelled otherwise than
by oars or sail and includes a personal watercraft within the meaning of the
Navigable Waters Regulations 1958 ;
Ningaloo Marine Park means all waters reserved
under section 13 of the Conservation and Land Management Act 1984 as
Class “A” Marine Park Reserve No. 2, Ningaloo Marine Park;
one day means a period of 24 hours commencing
at midnight, other than in relation to fishing for marron or prawns or fishing
by means of a fishing net, where it means a period of 24 hours commencing
at midday;
Pilbara and Kimberley Region means —
(a) all
land in the State; and
(b) all
WA waters,
that are east of 114° 50′ east
longitude and north of 21° 46′ south latitude;
prawn hand trawl net means a net —
(a) of
not more than 4 m in length; and
(b) with
a mesh of not less than 16 mm;
principal place of residence in respect of a
person, does not include —
(a) a
tent, vehicle or boat; or
(b) a
caravan, within the meaning of the Caravan Parks and Camping Grounds
Act 1995 , unless the caravan is the person’s principal place of
residence; or
(c)
premises where fish are processed or stored for a commercial purpose; or
(d)
premises where fish are sold or purchased;
pull in relation to a rock lobster pot, means to
bring the pot from the seabed to the surface of the sea;
recreational fishing licence means a licence
referred to in regulation 123;
region means any of the following areas of the
State —
(a) the
Gascoyne Region;
(b) the
Pilbara and Kimberley Region;
(c) the
South Coast Region;
(d) the
West Coast Region;
rock lobster pot means any fishing gear, other
than a hand held instrument, that is capable of being used to fish for rock
lobster;
rock lobster pot licence means a licence referred
to in regulation 125;
rock lobster tail means the whole or part of the
abdomen of a rock lobster at any time after that abdomen or part of that
abdomen has been severed from the carapace;
set in respect of a net or any other fishing gear,
means to fix the net or fishing gear in place so that it remains stationary;
single‑sided fillet means a fillet that is
taken from one side only of a fish;
South Coast Region means —
(a) all
WA waters off the southern coast of WA east of 115° 30′ east
longitude; and
(b) all
land and all WA waters east of 115° 30′ east longitude and in any
of the following local government districts designated under the
Local Government Act 1995 —
(i)
the Cities of Albany and Kalgoorlie‑Boulder; and
(ii)
the Shires of Boyup Brook, Bridgetown‑Greenbushes,
Broomehill, Coolgardie, Cranbrook, Denmark, Dumbleyung, Dundas, Esperance,
Gnowangerup, Jerramungup, Katanning, Kent, Kojonup, Kondinin, Kulin, Lake
Grace, Manjimup, Nannup, Plantagenet, Ravensthorpe, Tambellup and
Woodanilling;
special risk finfish has the same meaning as in
regulation 14(1);
sunrise and sunset mean the times provided by the
Perth Astronomical Observatory for sunrise and sunset on the relevant day;
waters of Shark Bay means the waters of Shark Bay
lying south of a line drawn from Cape Inscription on Dirk Hartog Island due
east to the mainland;
waters of the Shark Bay eastern gulf means the
waters of Shark Bay south and east of a line commencing at the high water mark
of the northernmost point of Cape Peron, from there due north to the
intersection with a line drawn due east from the high water mark of the
southernmost point of Cape St Cricq, and from there due east to the mainland,
but not including the waters of Denham Sound nor the Freycinet Estuary;
waters of the Shark Bay western gulf means the
waters of Shark Bay (including the waters of Denham Sound and Freycinet
Estuary) bounded by a line commencing at the high water mark at the
intersection of 25° 35.125′ south latitude and 113°
01.227′ east longitude (Withnell Point); thence extending east along the
parallel to the intersection with 113° 15′ east longitude; thence
north along the meridian to the intersection of 25° 30.200′ south
latitude; thence east along the parallel to the high water mark of Cape Peron
at the intersection of 25° 30.200′ south latitude and 113°
30.600′ east longitude; thence generally in a southerly direction along
the high water mark on the western side of Peron Peninsula; thence continuing
westerly then northerly along the high water mark on the eastern side of Edel
Land Peninsula; thence following the high water mark around Heirisson Prong
and Bellefin Prong to the intersection of the high water mark and
113° 12.9′ east longitude; thence along the geodesic to the
intersection of 113° 12.9′ east longitude and the high water mark
(southern end) of Dirk Hartog Island; thence generally northerly along the
high water mark on the eastern side of Dirk Hartog Island to the commencement
point;
West Coast Region means —
(a) all
land in the State; and
(b) all
WA waters,
that are south of 27° 00′ south
latitude, excluding the South Coast Region;
western gulf land area means the land adjacent to
the waters of the Shark Bay western gulf;
whole fish means a finfish that is —
(a)
entire; or
(b)
entire except that it has been gilled or gutted, or both.
(2) Where in these
regulations fish is referred to by only a common name set out in column 1
of Schedule 7 the fish referred to is the fish described by the
scientific classification set out in column 2 of that Schedule opposite
that common name.
[Regulation 3 amended in Gazette
29 Jun 2001 p. 3163; 28 Feb 2003 p. 660‑1;
7 Mar 2003 p. 743‑4; 1 Oct 2003
p. 4281‑4; 28 Nov 2003 p. 4775;
23 Dec 2003 p. 5204‑5; 6 Apr 2004 p. 1132;
3 Jun 2005 p. 2490; 4 Nov 2005 p. 5300‑1;
29 Dec 2006 p. 5889; 4 Sep 2007 p. 4519;
21 Dec 2007 p. 6326; 6 Nov 2009
p. 4470‑1.]
[ 3A. Deleted in Gazette 4 Nov 2005
p. 5301.]