Consolidated Divers Group Inc v Director New South Wales Department of Fisheries

Consolidated Divers Group Inc and another party appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of certain conditions imposed by the Director of New South Wales Department of Fisheries on a fishing licence granted to the appellants. The appellants sought to have these conditions set aside.

The primary legal issue before the Court of Appeal was whether the Director had acted *ultra vires* in imposing the conditions on the fishing licence. Specifically, the court had to determine if the conditions were authorised by the relevant provisions of the *Fisheries Act 1935* (NSW) and the regulations made thereunder, and if the Director had properly exercised their discretion in imposing them.

The Court of Appeal found that the Director had exceeded their statutory authority in imposing the impugned conditions. The court reasoned that the conditions were not reasonably incidental to the purpose for which the licence was granted, nor were they authorised by the specific powers conferred upon the Director by the *Fisheries Act*. The court applied the principle that statutory powers must be exercised within the limits prescribed by the legislation, and that any exercise of power beyond those limits is invalid. The appeal was allowed, and the conditions were declared invalid.