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Living Marine Resources Management Act 1995

Section 11

INSTRUMENT OF EXEMPTION​

I, FIONNA BOURNE, General Manager – Water and Marine Resources (Position Number 700945) in the Department of Primary Industries, Parks, Water and Environment, acting pursuant to a delegation from the Minister for Primary Industries and Water made on 12 November 2018 acting pursuant to section 20(1) of the Living Marine Resources Management Act 1995 (“the Act"), acting pursuant to section 11 of the Act, hereby exempt the class of persons described in Schedule 1 of this instrument from the provisions of subrule 73(3)(b) of the Fisheries (Scalefish) Rules 2015 (“the Rules") subject to the conditions provided in Schedule 2.

Any expression used in this instrument bearing a particular meaning under the Act or the Rules has the same meaning in this instrument. This exemption takes effect on 23 December 2020 and remains in force for such period not exceeding three (3) years or until the exemption is revoked, whichever first occurs.

SCHEDULE 1

Class of Persons

The holder or supervisor of a fishing licence (banded morwong).

SCHEDULE 2

Conditions

The holder or supervisor of a fishing licence (banded morwong) has made a report to the reporting service, in relation to the transportation of the banded morwong into the TAC area before entering the part of the TAC area north of the line of latitude running through Fishers Point at 43°34'12.6"S.

Dated at HOBART this 23rd day of December 2019

Fionna Bourne

GENERAL MANAGER (WATER AND MARINE RESOURCES)

INFORMATION

Subrules 73(2) and (3) provide as follows:

(2)   the holder of a fishing licence (banded morwong) must not take, or be in possession of, banded morwong in the TAC area unless the number of banded morwong ​               quota units that may be taken under the licence is specified on the licence.

(3)   However, subrule (2) does not apply to banded morwong possessed by the licencee in the TAC area if –

         (a)   the banded morwong were taken outside the TAC area; and

         (b)   the licencee made a report to the reporting service, in relation to the transportation of the banded morwong into the TAC area, no earlier than 2 hours before                          ​ entering the TAC area.