South Australia
Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998
under the Fisheries Act 1982

Contents
1	Short title
4	Interpretation
5	Constitution of the fishery
6	Issue of licences
7	Expiry of licences
8	Renewal of licences
9	Refund on surrender of licence
10	Transfer of licence
11	Registration of boats
12	Registration as master
13	Revocation of registration
14	Blue crab pot entitlement and carriage of crab pots on boats
15	Individual blue crab catch quota system
16	Catch and disposal records
17	Furnishing of returns
18	Copies of returns must be made
19	Fees
Schedule 1—Fish prescribed for the blue crab fishery
Part A—Regulation 5(2)(a)
Part B—Regulation 5(2)(b)
Schedule 2—Fees
Schedule 3—Information required in application for consent to licence transfer
Schedule 4—Transitional provisions
1	Payment of renewal fee by instalments
Legislative history
Appendix—Divisional penalties and expiation fees

1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998.
4—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Fisheries Act 1982;
blue crab means blue crab (Portunus pelagicus);
blue crab fishing zone means—
	(a)	the Gulf St. Vincent Blue Crab Fishing Zone; or
	(b)	the Spencer Gulf Blue Crab Fishing Zone;
blue crab pot entitlement means the maximum number of crab pots that the holder of a licence in respect of the fishery may lawfully use at any one time for the purpose of taking blue crab pursuant to the licence;
blue crab quota, in relation to a licence in respect of the Blue Crab Fishery or a marine scalefish fishery and a blue crab fishing zone, means the maximum number of kilograms of blue crab that may be lawfully taken by the holder of the licence in that zone during a licence period, being the product of—
	(a)	the unit entitlement of that licence in respect of that zone; and
	(b)	the unit value for that zone and that licence period,
subject to any variation of the blue crab quota of the licence applying during that licence period;
Corporations Act means the Corporations Act 2001 of the Commonwealth;
crab pot has the same meaning as in the Fisheries (General) Regulations 2000;
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
	(a)	the company's name;
	(b)	the address of the company's registered office;
	(c)	the date of registration of the company;
	(d)	the State or Territory in which the company is taken to be registered under the Corporations Act;
	(e)	the company's Australian Company Number;
	(f)	whether the company is a proprietary company or a public company;
	(g)	the full name of each director of the company;
	(h)	the full name of each secretary (if any) of the company;
Department means the Department of Primary Industries and Resources;
fishery means the Blue Crab Fishery constituted by these regulations;
Gulf St. Vincent Blue Crab Fishing Zone means all waters of Gulf St. Vincent north of latitude 35°03.2′S;
licence period means—
	(a)	the period commencing on 17 September 2001 and ending on 30 June 2002; or
	(b)	the period of 12 months commencing on 1 July 2002 or on 1 July in any subsequent year;
marine scalefish fishery means the Marine Scalefish Fishery or the Restricted Marine Scalefish Fishery constituted by the Scheme of Management (Marine Scalefish Fisheries) Regulations 1991;
SARDI means the South Australian Research and Development Institute;
Spencer Gulf Blue Crab Fishing Zone means all waters of Spencer Gulf north of latitude 34°26.75′S;
unit entitlement, in relation to a licence in respect of the Blue Crab Fishery or a marine scalefish fishery and a blue crab fishing zone, means the number of blue crab units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of blue crab determined by the Director to be the value of a blue crab unit for a blue crab fishing zone and a licence period.
	(2)	In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
	(4)	In these regulations, a reference to the taking of fish includes a reference to an act preparatory to, or involved in, the taking of the fish.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
5—Constitution of the fishery
	(1)	The Blue Crab Fishery is constituted.
	(2)	The fishery consists of the taking, in the waters of the blue crab fishing zones—
	(a)	of fish specified in Part A of Schedule 1; and
	(b)	of fish specified in Part B of Schedule 1 for the purpose of bait.
	(3)	The Director may impose a condition on a licence in respect of the fishery that limits the holder of the licence to the taking of fish in the waters of the Gulf St. Vincent Blue Crab Fishing Zone or the Spencer Gulf Blue Crab Fishing Zone.
6—Issue of licences
	(1)	Subject to this regulation, the Director may, on application, issue a licence in respect of the fishery.
	(2)	An application for the issue of a licence in respect of the fishery may be made only by a person who holds a licence in respect of the Marine Scalefish Fishery endorsed with a condition imposing a blue crab quota on the licence.
	(3)	An application for the issue of a licence in respect of the fishery must be made in writing in a form approved by the Director and signed by the applicant.
	(4)	The Director may not issue a licence unless—
	(a)	the applicant has paid—
	(i)	the licence fee specified in Schedule 2; or
	(ii)	the first instalment of the licence fee, in accordance with subregulation (5); and
	(b)	—
	(i)	the licence in respect of the Marine Scalefish Fishery held by the applicant is surrendered to the Director; and
	(ii)	if any boat registered by endorsement on that licence is the subject of, is registered by endorsement on, or is otherwise referred to in, a licence, permit, authority or other entitlement to take fish granted under the Commonwealth Act or the laws of another State or Territory—that other licence, permit, authority or entitlement is also surrendered.
	(5)	Where an application for the issue of a licence is made within three months after the commencement of a licence period commencing on 1 July in any year, the licence fee may be paid by four instalments of 25 per cent payable on or before the date of the grant of the licence and 1 October, 1 January and 1 April following the date of the grant of the licence.
	(6)	If an instalment of a licence fee is not paid in full within 21 days after the due date for payment, an additional amount equal to 10 per cent of the unpaid balance of the instalment is payable.
	(7)	Where—
	(a)	an instalment of a licence fee is not paid in full on or before the due date; or
	(b)	an additional amount is required to be paid for late payment of an instalment of a licence fee,
the amount unpaid may be recovered from the holder of the licence as a debt due to the Crown.
	(8)	The Director must return any licence fee that accompanied the application if the application is not successful.
7—Expiry of licences
A licence in respect of the fishery expires on 30 June following the date of issue or its last renewal.
8—Renewal of licences
	(1)	A licence in respect of the fishery may be renewed by the Director on application made before the expiry of the licence or before the end of the licence period following the expiry of the licence.
	(2)	An application to renew a licence in respect of the fishery must—
	(a)	be made by the holder of the licence or, if the licence has expired, by the person who last held the licence; and
	(b)	be made in writing in a form approved by the Director and signed by the applicant.
	(3)	Where an application to renew a licence is made before the expiry of the licence, the renewal of the licence takes effect from the expiry of the licence.
	(4)	Where an application to renew a licence is made after the expiry of the licence, the renewal of the licence takes effect from the date on which the application is granted.
	(5)	A person who makes application to renew a licence must pay the renewal fee specified in Schedule 2.
	(6)	Where an application to renew a licence is made before or within three months after the expiry of the licence, the renewal fee may be paid by four instalments of 25 per cent payable on or before the date of renewal of the licence and 1 October, 1 January and 1 April following the date of renewal.
	(7)	If an instalment of a renewal fee is not paid in full within 21 days after the due date for payment, an additional amount equal to 10 per cent of the unpaid balance of the instalment is payable.
	(8)	Where—
	(a)	an instalment of a renewal fee for a licence is not paid in full on or before the due date; or
	(b)	an additional amount is required to be paid for late payment of an instalment of a renewal fee,
the amount unpaid may be recovered from the holder of the licence or the person who last held the licence as a debt due to the Crown.
9—Refund on surrender of licence
Where a licence in respect of the fishery is surrendered, the Director must, on application by the former licensee, refund an amount that bears to the renewal fee last paid in respect of the licence the same proportion as the number of complete months from the date of surrender to the day on which the following licence period commences bears to the number of months in the licence period during which the licence was surrendered.
10—Transfer of licence
	(1)	A licence in respect of the fishery may be transferred with the consent of the Director.
	(2)	An application for consent to the transfer of a licence must be a joint application made by the holder of the licence and the transferee.
	(3)	The application—
	(a)	must be made in writing in a form approved by the Director; and
	(b)	must contain the information specified in Schedule 3; and
	(c)	must contain a nomination by the holder of the licence of the person to whom the licence is to be transferred; and
	(d)	must be verified by statutory declaration.
	(4)	The application must be lodged with the Director together with—
	(a)	the licence to be transferred; and
	(b)	a form of return as required by these regulations completed by the holder of the licence up to the date of application; and
	(ba)	where the transferee is a company—a current company extract relating to the transferee issued not more than one month immediately preceding the date of application; and
	(c)	the application fee specified in Schedule 2.
	(5)	Before consenting to the transfer of a licence, the Director must be satisfied as to the following matters:
	(a)	that the licence to be transferred has not been suspended;
	(b)	that no proceedings alleging an offence under the Act are pending or likely to be commenced in the State against the holder of the licence;
	(c)	that the transfer is to one person only;
	(d)	that the transferee is—
	(i)	a natural person of at least 15 years of age; or
	(ii)	a company;
	(e)	that no conviction for an offence involving a breach of any legislation relating to fishing has, within the period of three years preceding the date of the application, been recorded in the State or elsewhere in Australia against the transferee, or, where the transferee is a company, against a director of the company;
	(f)	that no proceedings alleging an offence involving a breach of any legislation relating to fishing are pending or likely to be commenced in the State or elsewhere in Australia against the transferee, or, where the transferee is a company, against a director of the company;
	(i)	if any boat registered by endorsement of the licence is the subject of, is registered by endorsement of, or is otherwise referred to in, a licence, permit, authority or other entitlement to take fish granted under the Commonwealth Act or the laws of another State or Territory—
	(i)	that the entitlement is either to be transferred together with the fishery licence to the transferee or to be surrendered on or before the transfer of the fishery licence; or
	(ii)	that—
	(A)	the transfer of the fishery licence separately from the entitlement is not likely to result in fishing activities that endanger or overexploit fishery resources; and
	(B)	the person or body that granted the entitlement concurs with the separate transfer of the licence.
11—Registration of boats
	(1)	An application to register a boat to be used pursuant to a licence in respect of the fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
	(2)	Before granting registration of a boat the Director must be satisfied that the applicant is the holder of a licence in respect of the fishery.
12—Registration as master
An application for registration of a person as the master of a boat used pursuant to a licence in respect of the fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
13—Revocation of registration
	(1)	The Director may, on application by the holder of a licence in respect of the fishery, revoke any registration effected by endorsement of the licence.
	(2)	An application for revocation of any registration must be made in writing in a form approved by the Director and be accompanied by the licence on which the registration is endorsed.
14—Blue crab pot entitlement and carriage of crab pots on boats
	(1)	In this regulation—
conversion value means the number determined by the Director to be the conversion value for a blue crab fishing zone and a licence period.
	(2)	The Director may impose or vary conditions on licences in respect of the fishery fixing or varying blue crab pot entitlements as follows:
	(a)	on the issue of a licence in respect of the fishery, the licence must be endorsed with a blue crab pot entitlement calculated in accordance with the formula set out in subregulation (3);
	(b)	on renewal of a licence in respect of the fishery referred to in Schedule 4 for a term expiring on 30 June 2002, the licence must be endorsed with a blue crab pot entitlement calculated in accordance with the formula set out in subregulation (3);
	(c)	on the commencement of each licence period, the Director must determine the conversion value for a blue crab fishing zone and the licence period;
	(d)	on the variation of the unit entitlement of a licence in respect of the fishery, the conditions of the licence must be varied so that the blue crab pot entitlement of the licence, as calculated in accordance with the formula set out in subregulation (3), reflects the variation in the unit entitlement of the licence;
	(e)	blue crab pot entitlements must not be varied except as provided by this subregulation.
	(3)	For the purposes of subregulation (2), the formula for calculating the blue crab pot entitlement of a licence is as follows:

where—
A is the blue crab pot entitlement expressed as a whole number (a number having a fraction of half or more being rounded up to the next whole number);
B is the unit entitlement of the licence;
C is the conversion value for the blue crab fishing zone to which the unit entitlement of the licence relates.
	(4)	The Director may impose conditions on licences in respect of the fishery limiting the number of crab pots that may be carried on boats and otherwise regulating the carrying of crab pots used for fishing activities pursuant to the licences.
15—Individual blue crab catch quota system
	(1)	The Director may impose or vary conditions on licences in respect of the Blue Crab Fishery or a marine scalefish fishery fixing or varying blue crab quotas as follows:
	(a)	on the issue of a licence in respect of the Blue Crab Fishery (a new licence), the licence must be allocated a number of blue crab units in respect of a blue crab fishing zone equal to the number of blue crab units in respect of that zone that was, immediately prior to the surrender of the licence in respect of a marine scalefish fishery held by the applicant for the new licence, endorsed on the licence in respect of a marine scalefish fishery;
	(b)	on renewal of a licence in respect of the Blue Crab Fishery referred to in the left column of the table in Schedule 4 for a term expiring on 30 June 2002, the licence must be allocated the number of blue crab units specified opposite in the middle column in respect of the blue crab fishing zone specified opposite in the right column;
	(c)	during the licence period ending on 30 June 2002, the conditions of each licence in respect of the Blue Crab Fishery referred to in Schedule 4 must be varied so as to reduce the blue crab quota of the licence for that licence period by one kilogram for each kilogram of blue crab taken pursuant to the licence during the period commencing on 1 July 2001 and ending on 16 September 2001 (as recorded on completed CDR books delivered to the Director under regulation 16);
	(d)	on the commencement of each licence period, the Director must determine the number of kilograms of blue crab that is to be the value of a blue crab unit for a blue crab fishing zone and the licence period;
	(e)	on application made to the Director by the holders of any two licences in respect of the Blue Crab Fishery endorsed with conditions fixing blue crab quotas on the licences in relation to the same blue crab fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement of one of the licences in respect of that zone and decrease the unit entitlement of the other licence in respect of that zone by a corresponding number of units;
	(f)	on application made to the Director by the holder of a licence in respect of the Blue Crab Fishery endorsed with a condition fixing a blue crab quota on the licence in relation to a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery licence endorsed with a condition fixing a blue crab quota on the licence in relation to the same zone (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units; or
	(ii)	the conditions of the first licence may be varied so as to increase the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone by a corresponding number of units;
	(g)	on application made to the Director by the holder of a licence in respect of the Blue Crab Fishery endorsed with a condition fixing a blue crab quota on the licence in relation to a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery not endorsed with a condition fixing a blue crab quota on the licence (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement of that licence in respect of that zone; and
	(ii)	a corresponding number of units may be allocated to the second licence and a condition fixing a blue crab quota on that licence in relation to that zone may be imposed;
	(h)	the Director may, if the total blue crab catch taken pursuant to a licence in respect of the fishery during a licence period exceeded the blue crab quota of the licence for that licence period, vary the conditions of the licence so as to decrease the quota—
	(i)	if the catch exceeded the quota by not more than 20 kilograms of blue crab—by one kilogram for each kilogram in excess of the quota; or
	(ii)	if the catch exceeded the quota by more than 20 kilograms but not more than 50 kilograms of blue crab—by two kilograms for each kilogram in excess of the quota;
	(i)	any variation of a blue crab quota made under paragraph (h) must be expressed to apply only for the licence period during which the variation is made;
	(j)	unit entitlements and blue crab quotas must not be varied except as provided by this regulation or the Scheme of Management (Marine Scalefish Fisheries) Regulations 1991.
	(2)	If—
	(a)	a court convicts the holder of a licence in respect of the Blue Crab Fishery of an offence of contravening a condition of the licence imposing a blue crab quota on the licence; and
	(b)	the conduct constituting the offence involved the taking of more than 50 kilograms of blue crab in excess of the quota,
the court must make an order requiring the Director to vary the conditions of the licence so as to reduce the blue crab quota of the licence for three licence periods following the conviction by one kilogram for each kilogram in excess of the quota for the licence period during which the offence was committed.
	(3)	An application under subregulation (1)(e), (f) or (g) must be made in a manner and form approved by the Director.
16—Catch and disposal records
	(1)	In this regulation—
CDR book means a book issued by the Department containing blank forms BSCF1;
form BSCF1 means the document produced by the Department entitled BSCF1 Primary Industries (S.A.) Fisheries Blue Crab Catch and Disposal Record.
	(2)	The holder of a licence in respect of the fishery or registered master of a boat from which blue crab is taken pursuant to such a licence must comply with the following provisions:
	(a)	immediately on landing blue crab taken pursuant to the licence he or she must weigh the crabs on accurate scales and complete Part A of form BSCF1 using a blue or black ballpoint pen; and
	(b)	he or she must cause the crabs to which the completed Part A of that form relates to be transported to the registered premises of the registered fish processor specified on the form, together with the white, blue and green copies of the completed form; and
	(c)	he or she must complete forms BSCF1 in consecutive ascending order and complete all forms in a CDR book before commencing to use a new CDR book; and
	(d)	he or she must ensure that the yellow copies of forms BSCF1 and the CDR book are kept on board the registered boat until the CDR book is completed; and
	(e)	he or she must deliver a completed CDR book to the Director of Fisheries within 14 days of its completion.
	(3)	If a provision of subregulation (2) is not complied with, the holder of the licence is guilty of an offence.
Penalty: Division 6 fine.
17—Furnishing of returns
	(1)	The holder of a licence in respect of the fishery must—
	(a)	fill out a return, in a form determined by the Minister, in respect of each calendar month during the currency of the licence; and
	(b)	include in the return such information as the Chief Executive Officer of SARDI, with the approval of the Minister, requires; and
	(c)	date and sign the return and certify that the information contained in the return is complete and accurate, and post or deliver the return to the office of the Chief Executive Officer of SARDI within 15 days of the end of the month to which it relates.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
	(2)	Where the holder of a licence in respect of the fishery takes no fish during a particular calendar month, he or she is required by subregulation (1) to furnish a return in respect of that period indicating that no fish were taken.
18—Copies of returns must be made
The holder of a licence in respect of the fishery must—
	(a)	make a copy of each return that he or she fills out pursuant to these regulations before the return is sent or delivered to the Chief Executive Officer of SARDI; and
	(b)	retain the copy for the period of one year from the last day of the month to which the return relates.
Penalty: Division 6 fine.
19—Fees
The fees set out in Schedule 2 are prescribed for the purposes of the Act and these regulations.

Schedule 1—Fish prescribed for the blue crab fishery
Part A—Regulation 5(2)(a)
Crustaceans
Crab, blue (Portunus pelagicus)
Crab, spider (Family Majidae)
Crab, rock (Nectocarcinus integrifons)
Crab, velvet (Nectocarcinus tuberculosus)
Part B—Regulation 5(2)(b)
Scalefish
Anchovy (Engraulis australis)
Barracouta (Thyrsites atun)
Blue throated wrass (Notolabrus tetricus)
Bream (Acanthopagrus butcheri)
Cod (marine species) (Family Moridae)
Flathead (Family Platycephalidae)
Flounder (Family Fleuronectidae) (Family Bothidae)
Horse Mackerel (Trachurus declivis)
Leather jacket (Family Aluteridae)
Mackerel (Scomber australasicus)
Morwong (Family Cheilodactylidae)
Mullet (Family Mugilidae)
Mulloway (Argyrosomus hololepidotus)
Pilchard (Sardinops neopilchardus)
Red mullet (Upeneichthys porosus)
Salmon (Arripis truttaceus)
Snook (Sphyraena novaehollandiae)
Sole (Aserragodes haackeanus)
Sweep (Scorpis aequipinnis)
Tommy ruff (Arripis georgianus)
Trevally (Usacaranx georgianus)
Striped trumpeter (Pelates sexlineatus)
Yellowtail kingfish (Seriola grandis)
Molluscs
Octopus (Octopus spp.)
Squid, arrow (Nototodarus gouldi)
Shark
All species other than White pointer shark (Carcharodon carharias)
Skate
Rays

Schedule 2—Fees

1	On application for the issue of a licence in respect of the fishery	$2 174.00	
2	On application for the issue of a licence (in addition to the fee payable under clause 1)—for each blue crab unit to be allocated to the licence	$20.30	
3	On application for the renewal of a licence in respect of the fishery	$2 174.00	
4	On application for the renewal of a licence (in addition to the fee payable under clause 3)—for each blue crab unit allocated to the licence	$20.30	
5	On application for the transfer of a licence in respect of the fishery	$311.00	
6	On application under regulation 15 by the holder of a licence in respect of the fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of blue crab	$104.00	

Schedule 3—Information required in application for consent to licence transfer
The following information is to be contained in an application for consent to transfer a licence:
	1	Full name of the holder of the licence.
	2	The licence number.
	3	Full name, business address and telephone number of the transferee and, where the transferee is a natural person, the transferee's date of birth and residential address.
	4	The price to be paid for the transfer of—
	(a)	the licence; and
	(b)	any boat, equipment, registration or other matter or thing being transferred as part of the transaction.
	5	Details of any boat to be used by the transferee to take fish including—
	(a)	its length (where surveyed—surveyed length); and
	(b)	the number of its current survey certificate; and
	(c)	the year of its construction; and
	(d)	the material of which its hull is made; and
	(e)	its main colour; and
	(f)	its name; and
	(g)	its registration number.
	6	Details of the number of persons who are to assist the transferee to take fish from the boat or otherwise.
	7	Details of the person who is to be the registered master of the boat.
	8	Details of any device to be used to take fish.
	9	Statements by the transferee as to—
	(a)	whether or not the transferee, or where the transferee is a company, a director of the company, has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
	(b)	whether or not the transferee, or where the transferee is a company, a director of the company, has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee or director in a court of a State or Territory of the Commonwealth.
	10	Details in respect of any of the statements made by the transferee in respect of the matters referred to in clause 9.

Schedule 4—Transitional provisions
1—Payment of renewal fee by instalments
Despite regulation 8(6), where an application to renew a licence in respect of the fishery referred to in the table for a term ending on 30 June 2002 is made before or within three months after the expiry of the licence, the renewal fee specified in Schedule 2 may be paid in one instalment of 50 per cent payable on or before the date of renewal and two instalments of 25 per cent payable on 1 January and 1 April 2002.

Blue crab units to be allocated to licences on renewal for term ending on 30 June 2002
Licence number	Number of blue crab units to be allocated	Blue crab fishing zone to which units relate	
K01	1761	Spencer Gulf Blue Crab Fishing Zone	
K02	1501	Spencer Gulf Blue Crab Fishing Zone	
K03	1403	Gulf St. Vincent Blue Crab Fishing Zone	
K04	1403	Gulf St. Vincent Blue Crab Fishing Zone	
K05	1241	Spencer Gulf Blue Crab Fishing Zone	
K06	1501	Spencer Gulf Blue Crab Fishing Zone	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Formerly
Scheme of Management (Blue Crab Fishery) Regulations 1998
Legislation revoked by principal regulations
The Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998 revoked the following:
Scheme of Management (Gulf Waters Experimental Crab Fishery) Regulations 1988
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1998	131	Gazette 11.6.1998 p2519	11.6.1998: r 2	
1999	142	Gazette 1.7.1999 p53	1.7.1999: r 2	
2000	133	Gazette 22.6.2000 p3353	22.6.2000: r 2	
2001	135	Gazette 28.6.2001 p2434	28.6.2001: r 2	
2001	217	Gazette 13.9.2001 p4167	13.9.2001 except rr 1—6—17.9.2001: r 2	
2002	17	Gazette 4.4.2002 p1531	4.4.2002: r 2	
2002	47	Gazette 14.6.2002 p2153	Pt 3 (rr 7—11)—14.6.2002: r 2	
2003	141	Gazette 5.6.2003 p2407	Pt 5 (rr 10—13)—5.6.2003: r 2	
2004	9	Gazette 19.2.2004 p535	Pt 4 (rr 11—16)—19.2.2004: r 2	
2004	137	Gazette 24.6.2004 p2301	Pt 5 (rr 12—14)—24.6.2004: r 2	
2005	138	Gazette 16.6.2005 p1834	Pt 5 (rr 9 & 10)—16.6.2005: r 2 	
2006	136	Gazette 15.6.2006 p1859	Pt 5 (rr 9 & 10)—15.6.2006: r 2	
2006	138	Gazette 15.6.2006 p1870	Pt 5 (r 7)—1.7.2006: r 2	
2007	124	Gazette 7.6.2007 p2477	Pt 5 (r 7)—1.7.2007: r 2	
2007	175	Gazette 21.6.2007 p2698	Pt 5 (rr 14—17)—21.6.2007: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 1	substituted by 141/2003 r 10	5.6.2003	
r 2	omitted under the Legislation Revision and Publication Act 2002	19.2.2004	
r 3	omitted under the Legislation Revision and Publication Act 2002	21.6.2007	
r 4			
r 4(1)			
blue crab net entitlement	deleted by 217/2001 r 3(a)	17.9.2001	
blue crab quota	inserted by 217/2001 r 3(b)	17.9.2001	
Corporations Act	inserted by 9/2004 r 11(1)	19.2.2004	
crab net	varied by 135/2001 r 3	28.6.2001	
	deleted by 217/2001 r 3(b)	17.9.2001	
crab pot	varied by 135/2001 r 3	28.6.2001	
current company extract	inserted by 9/2004 r 11(2)	19.2.2004	
director	substituted by 47/2002 r 8(a)	14.6.2002	
	deleted by 9/2004 r 11(3)	19.2.2004	
licence period	substituted by 217/2001 r 3(c)	17.9.2001	
marine scalefish fishery	inserted by 217/2001 r 3(c)	17.9.2001	
	 varied by 17/2002 r 3	4.4.2002	
SARDI	inserted by 133/2000 r 3	22.6.2000	
unit entitlement	inserted by 217/2001 r 3(d)	17.9.2001	
unit value	inserted by 217/2001 r 3(d)	17.9.2001	
r 4(2)	varied by 47/2002 r 8(b)	14.6.2002	
	substituted by 9/2004 r 11(4)	19.2.2004	
r 4(3)	varied by 47/2002 r 8(d)	14.6.2002	
	(a) deleted by 47/2002 r 8(c)	14.6.2002	
	deleted by 9/2004 r 11(4)	19.2.2004	
r 6			
r 6(2)	substituted by 217/2001 r 4(a)	17.9.2001	
	substituted by 17/2002 r 4(a)	4.4.2002	
r 6(4)	varied by 217/2001 r 4(b)	17.9.2001	
	varied by 17/2002 r 4(b)	4.4.2002	
r 6(5)	varied by 217/2001 r 4(c)	17.9.2001	
r 6(6)	substituted by 135/2001 r 4	28.6.2001	
	varied by 175/2007 r 14	21.6.2007	
r 8			
r 8(5)	varied by 142/1999 r 3	1.7.1999	
	substituted by 175/2007 r 15(1)	21.6.2007	
r 8(7)	substituted by 135/2001 r 5	28.6.2001	
	varied by 175/2007 r 15(2)	21.6.2007	
r 10			
r 10(4)	varied by 9/2004 r 12(1)	19.2.2004	
r 10(5)	varied by 9/2004 r 12(2)	19.2.2004	
	(g) and (h) deleted by 9/2004 r 12(3)	19.2.2004	
r 11			
r 11(1)	varied by 9/2004 r 13	19.2.2004	
r 12	varied by 9/2004 r 14	19.2.2004	
r 14	substituted by 217/2001 r 5	17.9.2001	
r 15	substituted by 217/2001 r 5	17.9.2001	
r 15(4) and (5)	deleted by 47/2002 r 9	14.6.2002	
r 17			
r 17(1)	varied by 133/2000 r 4	22.6.2000	
	varied by 9/2004 r 15	19.2.2004	
r 18	varied by 133/2000 r 5	22.6.2000	
r 19	inserted by 137/2004 r 12	24.6.2004	
Sch 2 before substitution by 137/2004	varied by 142/1999 r 4	1.7.1999	
	varied by 133/2000 r 6	22.6.2000	
	varied by 135/2001 r 6	28.6.2001	
	varied by 217/2001 r 6	17.9.2001	
	varied by 47/2002 r 10	14.6.2002	
	varied by 141/2003 r 11	5.6.2003	
Sch 2 before substitution by 175/2007	substituted by 137/2004 r 13	24.6.2004	
	substituted by 138/2005 r 9	16.6.2005	
	substituted by 136/2006 r 9	15.6.2006	
	varied by 138/2006 r 7(1), (2)	1.7.2006	
Sch 2	substituted by 175/2007 r 16	21.6.2007	
item 5	varied by 124/2007 r 7(1)	1.7.2007—not incorporated	
item 6	varied by 124/2007 r 7(2)	1.7.2007—not incorporated	
Sch 3			
cl 9	substituted by 92004 r 16	19.2.2004	
Sch 4	inserted by 217/2001 r 7	13.9.2001	
Table	relocated to follow cl 1 by 141/2003 r 12	5.6.2003	
Transitional etc provisions associated with regulations or variations
No 142 of 1999
5—Transitional provision
	(1)	A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 4, a licence renewal fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
No 133 of 2000
7—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 6, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
No 135 of 2001
7—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 6, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
Fisheries (Variation of Schemes of Management) Regulations 2002 (No 47 of 2002)
11—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by this Part applies in relation to a licence period commencing after the commencement of this Part.
	(2)	Despite regulation 10, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of this Part continues to apply in relation to a licence period that commenced before the commencement of this Part.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
Fisheries (Fees) Variation Regulations 2003 (No 141 of 2003)
13—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by this Part applies in relation to the licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 11, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period commencing before the commencement of these regulations.
Fisheries (Fees) Variation Regulations 2004 (No 137 of 2004)
14—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 13, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period commencing before the commencement of these regulations.
Fisheries (Fees) Variation Regulations 2005 (No 138 of 2005)
10—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
	(2)	Despite regulation 9, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Fisheries (Fees) Variation Regulations 2006 (No 136 of 2006)
10—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2006.
	(2)	Despite regulation 9, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2005.
Fisheries (Fees No 2) Variation Regulations 2007 (No 175 of 2007)
17—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2007.
	(2)	Despite regulation 16, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2006.
Historical versions
19.2.2004		
24.6.2004		
16.6.2005		
15.6.2006		
1.7.2006		

Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee	
1	15 years	$60 000	—	
2	10 years	$40 000	—	
3	7 years	$30 000	—	
4	4 years	$15 000	—	
5	2 years	$8 000	—	
6	1 year	$4 000	$300	
7	6 months	$2 000	$200	
8	3 months	$1 000	$150	
9	–	$500	$100	
10	–	$200	$75	
11	–	$100	$50	
12	–	$50	$25	
Note: This appendix is provided for convenience of reference only.