South Australia
Fisheries (Scheme of Management—River Fishery) Regulations 1991
under the Fisheries Act 1982

Contents
1	Short title
2	Commencement
3	Revocation
4	Interpretation
5	Constitution of the fishery
6	Conditions limiting certain fishing activities to specified areas
7	No further licences are to be granted
8	Expiry of licences
9	Renewal of licences
10	Refund on surrender of licence
11	Registration of boats
12	Registration as master
13	Revocation of registration
14	Fishing activities on the shore
15	Furnishing of returns
16	Copies of returns must be made
Schedule—Fish prescribed for the River Fishery
Legislative history
Appendix—Divisional penalties and expiation fees

1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—River Fishery) Regulations 1991.
2—Commencement
These regulations will come into operation on 27 June 1991.
3—Revocation
The Scheme of Management (River Fishery) Regulations 1984 (see Gazette 14.6.1984 p1687), as varied, are revoked.
4—Interpretation
	(1)	In these regulations unless the contrary intention appears—
the Act means the Fisheries Act 1982;
the fishery means the River Fishery as constituted by these regulations;
licence period means the period of 12 months commencing on 1 July in any year;
River Murray means all waters of the River Murray, including its anabranches, tributaries and lagoons, situated upstream of the punt that services the main road joining the township of Wellington to the township of Wellington East;
the revoked regulations means the regulations revoked by regulation 3;
SARDI means the South Australian Research and Development Institute.
	(2)	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 River Fishery is constituted.
	(2)	The River Fishery consists of the taking of fish specified in the Schedule in the River Murray.
6—Conditions limiting certain fishing activities to specified areas
The Director may impose a condition of a licence in respect of the fishery limiting to specified areas of the River Murray the fishing activities that may be engaged in pursuant to the licence.
7—No further licences are to be granted
The licences in respect of the fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the fishery subject to the provisions of the Act and these regulations, and no other licence may be granted in respect of the fishery.
8—Expiry of licences
A licence in respect of the fishery expires on 30 June following the date of its last renewal.
9—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; and
	(c)	be accompanied by a fee of $200.
	(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)	The Director must return any renewal fee that accompanied the application if the application is not successful.
10—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.
11—Registration of boats
	(1)	An application to register a boat to be used in 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 the 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 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—Fishing activities on the shore
	(1)	The holder of a licence in respect of the fishery must not cause or permit—
	(a)	a person to be engaged on the shore as his or her agent in a fishing activity of a class that constitutes the fishery unless—
	(i)	the holder of the licence is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
	(ii)	the holder of the licence and the other persons remain, while so engaged, within 500 metres of each other; or
	(b)	more than two other persons to be engaged at the same time on the shore as his or her agents in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
15—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.
	(2)	Where the holder of a licence in respect of the fishery takes no fish pursuant to the licence 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.
16—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.

Schedule—Fish prescribed for the River Fishery
Scalefish
Bony bream (Nematalosa erebi)
Carp (All species) (Family Cyprinidae)
Perch, redfin (Perca fluviatilus)
Trout, brown (Salmo trutta)
Trout, rainbow (Oncorhynchus mykiss)
All other non-native fish
Crustaceans
Yabbie (Cherax destructor)

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Formerly
Scheme of Management (River Fishery) Regulations 1991
Legislation revoked by principal regulations
The Fisheries (Scheme of Management—River Fishery) Regulations 1991 revoked the following:
Scheme of Management (River Fishery) Regulations 1984
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1991	113	Gazette 27.6.1991 p2197	27.6.1991: r 2	
1991	182	Gazette 22.8.1991 p637	22.8.1991: r 2	
1992	104	Gazette 25.6.1992 p1925	25.6.1992: r 2	
1993	127	Gazette 24.6.1993 p2075	24.6.1993: r 2	
1994	9	Gazette 10.3.1994 p702	10.7.1994: r 2	
1994	98	Gazette 23.6.1994 p1814	23.6.1994: r 2	
1995	145	Gazette 29.6.1995 p3157	29.6.1995: r 2	
1996	155	Gazette 20.6.1996 p3012	20.6.1996: r 2	
1997	126	Gazette 13.5.1997 p1954	13.5.1997: r 2	
1997	181	Gazette 7.8.1997 p317	7.8.1997: r 2	
1998	135	Gazette 11.6.1998 p2546	11.6.1998: r 2	
1999	137	Gazette 1.7.1999 p43	1.7.1999: r 2	
2000	138	Gazette 22.6.2000 p3364	22.6.2000: r 2	
2001	143	Gazette 28.6.2001 p2451	28.6.2001: r 2	
2002	47	Gazette 14.6.2002 p2153	14.6.2002: r 2	
2002	193	Gazette 17.10.2002 p3871	1.7.2003: r 2	
2003	141	Gazette 5.6.2003 p2407	 Pt 10 (r 27)—5.6.2003: r 2 	
2003	161	Gazette 3.7.2003 p2883	3.7.2003: 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 27	5.6.2003	
r 4			
r 4(1)			
licence period	inserted by 145/1995 r 3	29.6.1995	
	substituted by 181/1997 r 3	7.8.1997	
SARDI	inserted by 127/1993 r 3	24.6.1993	
shrimp	deleted by 161/2003 r 4	3.7.2003	
shrimp trap	varied by 47/2002 r 29	14.6.2002	
	deleted by 161/2003 r 4	3.7.2003	
yabbie pot	varied by 47/2002 r 29	14.6.2002	
	deleted by 161/2003 r 4	3.7.2003	
r 5			
r 5(2)	substituted by 161/2003 r 5	3.7.2003	
r 6	substituted by 161/2003 r 6	3.7.2003	
r 8	substituted by 145/1995 r 4	29.6.1995	
	substituted by 181/1997 r 4	7.8.1997	
r 9			
r 9(1)	varied by 145/1995 r 5(a)	29.6.1995	
r 9(2)	substituted by 182/1991 r 2(a)	22.8.1991	
	 varied by 161/2003 r 7(1)	3.7.2003	
r 9(5) before substitution by 161/2003	inserted by 182/1991 r 2(b)	22.8.1991	
	varied by 104/1992 r 3	25.6.1992	
	varied by 127/1993 r 4	24.6.1993	
	varied by 98/1994 r 3	23.6.1994	
	 varied by 145/1995 r 5(b)	29.6.1995	
	 varied by 155/1996 r 3	20.6.1996	
	varied by 126/1997 r 3	13.5.1997	
	varied by 135/1998 r 3(a)	11.6.1998	
	 varied by 137/1999 r 3	1.7.1999	
	varied by 138/2000 r 3	22.6.2000	
	varied by 143/2001 r 3(a), (b)	28.6.2001	
	 varied by 47/2002 r 30	14.6.2002	
r 9(5)	 substituted by 161/2003 r 7(2)	3.7.2003	
r 9(6)	inserted by 182/1991 r 2(b)	22.8.1991	
	substituted by 145/1995 r 5(c)	29.6.1995	
	substituted by 135/1998 r 3(b)	11.6.1998	
	deleted by 161/2003 r 7(2)	3.7.2003	
r 9(7)	inserted by 182/1991 r 2(b)	22.8.1991	
	substituted by 143/2001 r 3(c)	28.6.2001	
	deleted by 161/2003 r 7(2)	3.7.2003	
r 9(8)	inserted by 182/1991 r 2(b)	22.8.1991	
	deleted by 161/2003 r 7(2)	3.7.2003	
r 10	substituted by 145/1995 r 6	29.6.1995	
r 10A	inserted by 181/1997 r 5	7.8.1997	
	varied by 137/1999 r 4	1.7.1999	
	revoked by 161/2003 r 8	3.7.2003	
r 12	substituted by 161/2003 r 9	3.7.2003	
r 15			
r 15(1)	varied by 104/1992 r 4	25.6.1992	
	varied by 127/1993 r 5	24.6.1993	
r 16	varied by 127/1993 r 6	24.6.1993	
Sch 1	varied by 9/1994 r 3	10.7.1994	
	substituted by 181/1997 r 6	7.8.1997	
	varied by 193/2002 r 3	1.7.2003	
	deleted by 161/2003 r 10	3.7.2003	
Sch 2	revoked by 104/1992 r 5	25.6.1992	
	inserted by 181/1997 r 6	7.8.1997	
	revoked by 161/2003 r 10	3.7.2003	
Sch	inserted by 161/2003 r 10	3.7.2003	
Transitional etc provisions associated with regulations or variations
No 104 of 1992
6—Transitional provision
	(1)	The licence renewal fee prescribed by regulation 9 of the principal regulations as varied by these regulations applies in relation to a licence year commencing after the commencement of these regulations.
	(2)	Notwithstanding regulation 3, the licence renewal fee prescribed by regulation 9 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence year that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence year means the period of 12 months from 1 September in any year.
No 127 of 1993
7—Transitional provision
	(1)	The licence renewal fee prescribed by regulation 9 of the principal regulations as varied by these regulations applies in relation to a licence year commencing after the commencement of these regulations.
	(2)	Notwithstanding regulation 4, a licence renewal fee prescribed by regulation 9 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence year that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence year means the period of 12 months from 1 October in any year.
No 98 of 1994
4—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 of the principal regulations as varied by these regulations applies in relation to a licence year commencing after the commencement of these regulations.
	(2)	Notwithstanding regulation 3, a licence renewal fee prescribed by regulation 9 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence year that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence year means the period of 12 months from 1 September in any year.
No 145 of 1995
7—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Notwithstanding regulation 5, a licence renewal fee prescribed by regulation 9 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to a licence period commencing before the commencement of these regulations.
	(3)	In this regulation—
licence period as the same meaning as in the principal regulations as varied by these regulations.
No 126 of 1997
4—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 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 3, a licence renewal fee prescribed by regulation 9 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 1998
4—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 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 3, a licence renewal fee prescribed by regulation 9 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 137 of 1999
5—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 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 3, a licence renewal fee prescribed by regulation 9 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 138 of 2000
4—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 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 3, a licence renewal fee prescribed by regulation 9 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 143 of 2001
4—Transitional provision
	(1)	A licence renewal fee prescribed by regulation 9 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 3, a licence renewal fee prescribed by regulation 9 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)
31—Transitional provision
	(1)	A fee prescribed by regulation 9 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 30, a fee prescribed by regulation 9 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.

Appendix—Divisional penalties and expiation fees
At the date of publication of this reprint 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.