South Australia
Fisheries Management (Sardine Fishery) (Quota) Amendment Regulations 2022
under the Fisheries Management Act 2007

Contents
Part 1—Preliminary
1	Short title
2	Commencement
Part 2—Amendment of Fisheries Management (Sardine Fishery) Regulations 2021
3	Amendment of regulation 9—Individual sardine catch quota system
Schedule 1—Transitional provision etc
1	Interpretation
2	Transitional provision etc

Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Sardine Fishery) (Quota) Amendment Regulations 2022.
2—Commencement
These regulations come into operation on 1 January 2023.

Part 2—Amendment of Fisheries Management (Sardine Fishery) Regulations 2021
3—Amendment of regulation 9—Individual sardine catch quota system
	(1)	Regulation 9(1)—delete subregulation (1) and substitute:
	(1)	In this regulation—
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which sardines may be taken by the holder of the licence following the first quota period.
	(2)	Regulation 9(3)(b) and (c)—delete paragraphs (b) and (c)
	(3)	Regulation 9(3)(f) to (i)—delete paragraphs (f) to (i) (inclusive) and substitute:
	(f)	if the total catch of sardines taken by the holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement in respect of a particular sardine fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 January 2022) is less than the sardine quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the sardine quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of sardines for each kilogram by which the catch fell short of the sardine quota entitlement for the first quota period up to—
	(i)	—
	(A)	10% of the quota entitlement for the first quota period; or
	(B)	such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
	(ii)	if the Minister is satisfied that exceptional circumstances apply—
	(A)	a percentage that exceeds 10% of the quota entitlement for the first quota period; or
	(B)	such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
	(g)	if the total catch of sardines taken by the holder of a licence in respect of the fishery subject to a condition fixing a sardine quota entitlement in respect of a particular sardine fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 January 2023) exceeded the sardine quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:
	(i)	if the catch exceeded the quota entitlement by—
	(A)	an amount not exceeding 10% of the quota entitlement for the first quota period; or
	(B)	such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of sardines for each kilogram taken in excess of the quota entitlement; or
	(ii)	if the catch exceeded the quota entitlement by—
	(A)	an amount greater than 10% of the quota entitlement for the first quota period; or
	(B)	such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of sardines for each kilogram taken in excess of the quota entitlement.
	(4)	Regulation 9(4)—delete subregulation (4) and substitute:
	(4)	For the purposes of—
	(a)	subregulation (3)(f)(i) and (ii); and
	(b)	subregulation (3)(g)(i) and (ii),
any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(f)(i) or (ii) must be disregarded.
	(4a)	A variation of a quota entitlement or unit entitlement under subregulation (3)(d) must be expressed to apply only for the balance of the quota period during which the variation is made.
	(4b)	A variation of a quota entitlement under subregulation (3)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.
	(4c)	An application under subregulation (3)(e) may not be made in respect of sardine units allocated to the licence under subregulation (3)(f).

Schedule 1—Transitional provision etc
1—Interpretation
In this Schedule—
principal regulations means the Fisheries Management (Sardine Fishery) Regulations 2021;
relevant day means 1 January 2023.
2—Transitional provision etc
If the total catch of sardines taken by the holder of a licence in respect of the Sardine Fishery subject to a condition fixing a sardine quota entitlement during the quota period that commenced on 1 January 2022 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 9(3)(g) of the principal regulations by regulation 3(3) of these regulations, regulation 9(3)(g), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 January 2023.
Editorial note—
As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 1 September 2022
No 73 of 2022