Environmental Planning and Assessment Amendment (Shark Meshing) Regulation 2009 (NSW)

2009 No 106

New South Wales

Environmental Planning and

Assessment Amendment (Shark

Meshing) Regulation 2009

under the

Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.

KRISTINA KENEALLY, MP

Minister for Planning

Explanatory note
Normally, shark meshing and certain other fishing activities are activities that require assessment in accordance with Part 5 of the Environment Planning and Assessment Act 1979. Currently, the Environmental Planning and Assessment Regulation 2000 contains a provision exempting such activities from Part 5 of that Act. That exemption was extended from 31 December 2008 until 1 April 2009 by the Fisheries Management and Planning Legislation Amendment (Shark Meshing) Amendment Act 2008.
The objects of this Regulation are:

(a)	to amend the Environmental Planning and Assessment Regulation 2000 to further extend that exemption until 31 August 2009, and
(b)	to clarify the application of that exemption in respect of fishing activities carried out pursuant to certain fisheries approvals.

This Regulation is made under the Environmental Planning and Assessment Act 1979, including the definition of activity in section 110 (1) and section 157 (the general regulation-making power).

Published LW 27 March 2009	Page 1
2009 No 106	Environmental Planning and Assessment Amendment (Shark Meshing)
Clause 1	Regulation 2009

Environmental Planning and Assessment Amendment

(Shark Meshing) Regulation 2009

under the

Environmental Planning and Assessment Act 1979

1      Name of Regulation

This Regulation is the Environmental Planning and Assessment
Amendment (Shark Meshing) Regulation 2009.

2      Commencement

This Regulation takes effect on the day on which it is published on the
NSW legislation website.

3 Amendment of Environmental Planning and Assessment Regulation 2000

(1) Clause 244B Fishing activities and shark meshing

Omit clause 244B (1). Insert instead:

(1) For the purposes of the definition of activity in section 110 (1) of the Act, a fishing activity carried out pursuant to a fisheries approval that is issued or renewed before 31 August 2009 for a period of not more than 12 months is prescribed not to be such an activity.

(2)	Clause 244B (2)
Omit “1 April 2009”. Insert instead “31 August 2009”.