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Directions/Other as amended, taking into account amendments up to Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction 2019
This direction closes areas in the Southern and Eastern Scalefish and Shark Fishery to certain types of fishing.
Administered by: Agriculture
Registered 02 May 2019
Start Date 30 Apr 2019
End Date 15 Sep 2019
To be repealed 01 May 2020
Repealed by Self Repealing

Commonwealth Coat of Arms

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015

made under subsection 41A(2) of the

Fisheries Management Act 1991

Compilation No. 2               

Compilation date:                             30 April 2019

Includes amendments up to:           Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction 2019

About this compilation

 

This compilation

This is a compilation of the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015 that shows the text of the law as amended and in force on 30 April 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


 

DIRECTION NOT TO ENGAGE IN FISHING

Fisheries Management Act 1991

Subsection 41A(2)

SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY (CLOSURES) DIRECTION No. 2 2015

 

Citation

1.       This Direction may be cited as the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015.

Cessation

3.       This Direction ceases as if it was revoked on 1 May 2020 unless earlier revoked.

Interpretation

4.      Terms used in this Direction that are defined for the purposes of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan) have the same meanings in this Direction as they have in the Plan.

All geographic coordinates contained within the schedules attached to this document are in terms of the Geocentric Datum of Australia 1994 (GDA94).

Unless otherwise stated, the lines between coordinates are geodesics.

Notes: 1. Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.

To whom this Direction applies

5.       This Direction applies to a holder of a fishing concession in the Southern and Eastern Scalefish and Shark Fishery and to a person acting on behalf of the holder.

Direction not to engage in fishing

6.            Fishing is not to be engaged in using any method in the areas described in Schedule 1, 2 and 3.


 

Exemption to the prohibition

7.       Clause 6 does not apply to a concession holder:

          (1)          if the holder’s fishing concession is subject to a condition that no more than 25 per cent of their total pink ling (Genypterus blacodes) quota (caught or uncaught) in waters east of longitude 147° East can be retained in any fishing year; or

          (2)          where AFMA has been notified by the South East Trawl Fishing Industry Association (SETFIA) that the concession holder has agreed to take and retain a specified amount of pink ling east of longitude 147° East under management arrangements established by SETFIA. 

 


SCHEDULE 1

Maria Island

The area of Maria Island is the part of the Australian Fishing Zone contained within and bounded by a line:

 

a)      commencing at the point  of latitude 42o 42.000’ south, longitude 148o 21.000’ east, and running progressively;

b)      east along the parallel of latitude 42o 42.000’ south to its intersection with the meridian of longitude 148o 26.000’ east;

c)      then south along the parallel of longitude 148o 26.000’ east to its intersection with the meridian of latitude 42o 45.000’ south;

d)     then west along the parallel of latitude 42o 45.000’ south to its intersection with the meridian of longitude 148o 21.000’ east;

e)      then north to the point of commencement.

SCHEDULE 2

Seiner’s Horseshoe

The area of Seiner’s Horseshoe is the part of the Australian Fishing Zone contained within and bounded by a line:

 

a)      commencing at the point  of latitude 38o 18.374’ south, longitude 148o 35.870’ east, and running progressively;

b)      east along the parallel of latitude 38o 18.374’ south to its intersection with the meridian of longitude 148o 40.236’ east;

c)      then south-easterly along the geodesic to the point of latitude 38o 27.116’ south, longitude 148o 45.124’ east;

d)     then south-westerly along the geodesic to the point of latitude 38o 31.829’ south, longitude 148o 32.703’ east;

e)      then north north-easterly to the point of commencement.

SCHEDULE 3

Everard Horseshoe

The area of Everard Horseshoe is the part of the Australian Fishing Zone contained within and bounded by a line:

 

a)      commencing at the point  of latitude 38o 04.914’ south, longitude 149o 21.490’ east, and running progressively;

b)      easterly along the geodesic to the point of latitude 38o 04.788’ south, longitude 149o 24.089’ east;

c)      then south-easterly along the geodesic to the point of latitude 38o 09.837’ south, longitude 149o 33.324’ east;

d)     then southerly along the geodesic to the point of latitude 38o 16.500’ south, longitude 149o 32.912’ east;

e)      then west along the parallel of latitude 38o 16.500’ south to its intersection with the meridian of longitude 149o 26.800’ east;

f)       then north-easterly along the geodesic to the point of latitude 38o 13.151’ south, longitude 149o 30.083’ east;

g)      then north-westerly to the point of commencement.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /sub‑subparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015

F2015L00730

27/05/2015

 

Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No.1 2016

F2016L00842

28/05/2016

 

Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction 2019

F2019L00650

30/04/2019

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

c. 2

rep s 48D LA

c. 7

am. F2016L00842

rs. F2019L00650