Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person shall not
transport or attempt to transport, or permit or suffer his or her agent,
employee or subordinate to transport or attempt to transport, pearl oysters by
any means on, in, over or from Western Australian waters
unless —
(a)
those pearl oysters are in tagged designated containers and prior notice of
that transport has been given in a notice of pearling or hatchery activity;
(b)
prior to that transport, those pearl oysters have been —
(i)
held on a holding site;
(ii)
subjected to pearl seeding operations on the holding site
referred to in subparagraph (i); and
(iii)
held in designated containers,
and that transport has
been approved;
(c)
those pearl oysters have been taken by, and are being held on, a catcher boat
and the catcher boat is still actually engaged in taking pearl oysters;
(d)
those pearl oysters are being transported —
(i)
entirely within a nursery site;
(ii)
entirely within a quarantine site; or
(iii)
from one part of a pearl oyster farm that is not a
nursery site to another part of that farm that is also not a nursery site;
(e)
those pearl oysters are, on the day on which they are taken by a catcher boat,
transported by the catcher boat or a dump boat, in tagged designated
containers, directly to the nearest dump (other than a dump on a pearl oyster
farm);
(f)
those pearl oysters are —
(i)
in designated containers;
(ii)
held on or transported to an operation boat situated on a
holding site; and
(iii)
transported entirely within the holding site referred to
in subparagraph (ii);
(g) if
the pearl oysters are being transported —
(i)
from a hatchery;
(ii)
to a quarantine site; or
(iii)
from a quarantine site,
a certificate of
health is in force in relation to those pearl oysters and that transport has
been approved;
(h) if
the pearl oysters are being transported to a nursery site
either —
(i)
the pearl oysters are pearl oysters to which this
subparagraph applies and both —
(I) a certificate of health is in force in
relation to those pearl oysters; and
(II) that transport
has been approved;
or
(ii)
the pearl oysters are being transported from another
nursery site on the same pearl oyster farm and that transport has been
approved;
or
(i)
in any other case, that transport has been approved.
Penalty: $2 000.
(2) For the purposes
of subregulation (1)(g) and (h) a certificate of health is taken to be in
force in relation to pearl oysters if —
(a) a
certificate of health has been issued in relation to a sample of pearl oysters
taken from the batch of pearl oysters of which the pearl oysters to be
transported are part;
(b) not
more than 2 weeks have elapsed since that certificate was issued; and
(c) no
pearl oysters have been transported to the place from which the pearl oysters
are to be transported since the tested sample was taken.
(3)
Subregulation (1)(h)(i) applies to pearl oysters which
were —
(a)
collected using a spat collector located on the same pearl oyster farm as the
nursery site;
(b)
produced in a hatchery, or collected using a spat collector, located in the
same zone as the nursery site and either —
(i)
the pearl oyster farm on which the nursery site is
located is more than 5 nautical miles from any other pearl oyster farm;
or
(ii)
the licensee or permit holder operating any pearl oyster
farm which is within 5 nautical miles of the pearl oyster farm on which
the nursery site is located has given written approval to the pearl oysters
being transported to the nursery site without being quarantined;
or
(c)
transported to the nursery site from a quarantine site.
[Regulation 42 erratum in Gazette
11 Jan 1991 p. 47-8; amended in Gazette 17 Dec 1999
p. 6213-15.]