Pursuant to section 297(1)(nb) of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 New regulation 7 added

7 Infringement offence reminder notices

4 Schedule 1 amended

5 New Schedule 3 added

Schedule 1
New items for Schedule 1 of principal regulations

Schedule 2
New Schedule 3 added

1 Title

(1) These regulations are the Fisheries (Infringement Offences) Amendment Regulations (No 2) 2004.

(2) In these regulations, the Fisheries (Infringement Offences) Regulations 2001¹ are called “the principal regulations”.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 New regulation 7 added

The principal regulations are amended by adding the following regulation:
“7 Infringement offence reminder notices

Every infringement offence reminder notice issued under section 260B of the Act must be in the form set out in Schedule 3.”

4 Schedule 1 amended

(1) Schedule 1 of the principal regulations is amended by revoking the item relating to regulation 5AA(2) of the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991 (SR 1991/57) (using or possessing pots in Paterson Inlet contrary to the regulations).

(2) Schedule 1 of the principal regulations is amended by inserting in the item relating to the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991 (SR 1991/57), in their appropriate order, the items set out in Schedule 1 of these regulations.

5 New Schedule 3 added

The principal regulations are amended by adding the Schedule 3 set out in Schedule 2 of these regulations.

r 4

Provision	Description of offence	Fee ($)
r 5AA(2)(a)	Using 3 rock lobster pots in Paterson Inlet contrary to the regulations	250
r 5AA(2)(b)	Using 4 rock lobster pots in Paterson Inlet contrary to the regulations	500

r 5

Schedule 3
Form of reminder notice for fisheries infringement offence

r 7

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Fisheries (Infringement Offences) Regulations 2001 by—

•revoking the item in Schedule 1 that relates to regulation 5AA(2) of the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991 (SR 1991/57), and substituting new items that relate to regulation 5AA(2)(a) and (b) of those regulations; and
•adding a new Schedule 3.

The new items in Schedule 1 are a result of an amendment to regulation 5AA(2) of the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991.

The new Schedule 3 sets out the form of notice in respect of reminder notices for infringement offences.

The reminder notice sets out details of the alleged infringement offence and provides the defendant with information about infringement offences.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 September 2004.

1 SR 2001/316

Sort by

Fisheries (Infringement Offences) Amendment Regulations (No 2) 2004