Commencement Proclamation (2016-448) (NSW)

New South Wales

Commencement Proclamation

under the

Fisheries Management Amendment Act 2015 No 59

THOMAS FREDERICK BATHURST, Lieutenant-Governor

I, the Honourable Thomas Frederick Bathurst AC, Lieutenant-Governor of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Fisheries Management Amendment Act 2015, do, by this my Proclamation, appoint 22 July 2016 as the day on which the following provisions of that Act commence:

(a)	the long title and sections 1 and 2,
(b)	Schedule 1 [1], [3], [5], [8]–[16], [19], [22], [23], [26]–[32], [40], [43]–[48], [51], [52], [54]–[60], [63]–[71], [92]–[104], [106], [108]–[110], [112]–[119], [126], [128], [130]–[133], [135], [137], [141]–[145], [152] and [155],
(c)	so much of Schedule 1 [2] as inserts the definitions of advisory council, advisory group, electronic communication, fisheries management charge and possession limit into the Fisheries Management Act 1994,
(d)	Schedule 2 [1], [2] and [4]–[8],
(e)	Schedule 2 [3] (except to the extent that it inserts matter relating to the River Snail into Part 1 of Schedule 4 to the Fisheries Management Act 1994).

Signed and sealed at Sydney, this 20th day of July 2016.

By His Excellency’s Command,

NIALL BLAIR, MLC
Minister for Primary Industries

GOD SAVE THE QUEEN!

Commencement Proclamation [NSW]

Explanatory note

(a)	allow possession limits for fish to be imposed by order of the Minister (as an addition to the current scheme which allows possession limits to be imposed by regulation), and
(b)	enable the Minister to determine the contribution payable by restricted fishery participants, with the regulations prescribing the maximum contribution (rather than the contribution payable), and
(c)	enable the regulations to require certain commercial fishers to make real time reports about their fishing activities, and
(d)	make further provision for the registration of dealings in shares in share management fisheries (including by providing for an online trading system) and further miscellaneous changes to share management fisheries, and
(e)	establish a scientific observer program, and
(f)	enable the Minister to make orders that prohibit the entry into the State of anything that is or could be a declared disease, could be infected with a declared disease or could assist the spread of infection of a declared disease, and
(g)	enable the Minister to make orders requiring live abalone holders to implement specified measures to minimise the risk of transmission of a declared disease, and
(h)	abolish the Management Advisory Committees for various fisheries and instead permit the Secretary to establish advisory groups under the principal Act, and permit advisory councils and groups established under that Act to be abolished by regulation, and

(i)         permit persons to appoint agents to use online facilities on their behalf under the principal Act and permit service of notices electronically, and

(j)	update references to fish names (other than an amendment relating to a species listing that has since been omitted from the principal Act), and
(k)	make various other miscellaneous amendments (including to establish an Aboriginal Fishing Trust Fund).

This Proclamation also commences the machinery provisions of the Fisheries Management Amendment Act
2015.

Explanatory note

The object of this Proclamation is to commence amendments made by the Fisheries Management
Amendment Act 2015 to the Fisheries Management Act 1994 (the principal Act) that: