Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears —
approved , except in relation to a form, means
approved in writing by an inspector;
approved form means a form approved by the
Executive Director;
batch means group of spat —
(a)
derived from broodstock brought together for the purpose of spawning; and
(b) all
of which were spawned at approximately the same time and form one settlement;
broodstock means pearl oysters which are over
120 mm in length and which are, or are intended to be, used for breeding;
catcher boat means boat used to take, or attempt
to take, pearl oysters;
certificate of health means certificate issued
under the Enzootic Diseases Regulations 1970 by a veterinary pathologist
certifying that no clinical disease or significant pathogens were detected in
the pearl oysters to which the certificate relates;
Chief Inspector of Stock has the same meaning
as in Part 1 of the Enzootic Diseases Regulations 1970 ;
designated container or panel means container of a
type specified in Schedule 1;
dump , when used as —
(a) a
noun, means area of Western Australian waters where pearl oysters are held or
placed; or
(b) a
verb, means place pearl oysters on a dump;
filled , in relation to a designated container,
means filled with the number of pearl oysters prescribed by regulation 5
in respect of containers of the particular type to which the designated
container belongs;
fleet master means master of a boat nominated in a
notice of pearling or hatchery activity to be the fleet master of 2 or more
boats using the same dump;
grow out , in relation to pearl oysters, means
hold on a nursery site while the pearl oysters grow to the minimum length;
hatchery means building or place where the
acclimatization, propagation, hatching, breeding, rearing or raising of pearl
oysters is carried on or attempted to be carried on, but does not include a
spat collector;
hatchery (nursery) licence or permit means
hatchery licence or hatchery permit which is expressed to be for
“hatchery options” or “hatchery quota”;
holding site means area of Western Australian
waters to which a prohibition or restriction made under section 19 of the
Act applies, which prohibition or restriction is expressed to be made for the
purposes of this definition;
length , in relation to a pearl oyster, means
dorso-ventral shell length, excluding the fingers;
licensee means holder of a pearling licence or
hatchery licence;
minimum length means 120 mm or such other
length as is declared by the Minister under subregulation (4);
notice of pearling or hatchery activity means
notice of pearling or hatchery activity referred to in regulation 12;
nursery site means area, being all or part of a
pearl oyster farm the farm lease for which allows the area to be used for the
growing out of spat;
operated pearl oyster dump means
dump —
(a)
situated within a holding site; and
(b) used
solely for the purpose of dumping pearl oysters which have been seeded in
pearl seeding operations;
operation boat means boat used for carrying out
pearl culture techniques;
pearling (seeding) licence or permit means
pearling licence or pearling permit which is expressed to be for
“hatchery options” or “hatchery quota”;
pearling (wildstock) licence or permit means a
pearling licence or pearling permit under which the holder of the licence is
permitted to take wildstock;
permit holder means holder of a pearling permit or
a hatchery permit;
place means any land, building, structure (whether
permanent or temporary), tent, boat, aircraft or vehicle or any part of any
land, building, structure, tent, boat, aircraft or vehicle;
quarantine site means area, being a pearl oyster
farm the farm lease for which allows the area to be used for the purpose of
quarantining and disease testing pearl oysters;
returned pearl oyster dump means
dump —
(a)
situated within a holding site; and
(b) used
solely for the purpose of dumping pearl oysters which have been subjected to
pearl seeding operations but have not been seeded;
seeding means specific pearl culture technique of
inserting a nucleus into a pearl oyster;
settlement means transition of pearl oysters from
planktonic larvae to benthic spat, during which the pearl oysters attach to a
substrate by means of byssi;
spat means pearl oysters at any stage prior to
settlement or which, having settled, are less than the minimum length;
spat collector means object or device used to
collect, or attempt to collect, spat;
stock inspector means inspector under the
Stock Diseases (Regulations) Act 1968 ;
tag means pearl oyster identification tag issued
under regulation 24(1);
tagged designated container means designated
container to which a valid tag has been affixed;
transport boat means boat used for transporting
pearl oysters;
wildstock means pearl oysters, other than
broodstock, that are —
(a)
taken from the wild;
(b)
acquired in accordance with regulation 44T(2)(a);
(c)
collected from a spat collector located on a pearl oyster farm operated by the
person taking them and are more than 80 mm in length;
(d)
collected from any other spat collector and are more than 40 mm in
length; or
(e)
obtained from a hatchery and are —
(i)
more than 12 months old; or
(ii)
more than 40 mm in length.
(2) For the purposes
of these regulations the life of a pearl oyster is taken to commence on the
day specified in the notice of settlement of spat form lodged by the licensee
or permit holder who operates the hatchery where the pearl oyster was produced
as the date of settlement of the batch of spat from which the pearl oyster was
produced.
(3) For the purposes
of these regulations a pearl oyster is deemed to be over 40 mm in length
if it is from a batch of pearl oyster spat the majority of which are, at the
time the pearl oyster is taken, over 40 mm in length.
(4) The Minister may
from time to time, by notice published in the Gazette , declare that pearl
oysters under a length specified in the notice are deemed to be spat.
(5) In a notice under
subregulation (4) the Minister may specify different lengths for the
purposes of different pearling or hatchery activities.
[Regulation 3 amended in Gazette
17 Dec 1999 p. 6200-2.]