Fisheries Act 1881 No 7a (NSW)
No. XXVI.
An Act to provide for the development and regula t ion of the Fisher ies of t he Colony, [6th April, 1881.]
| WH E R E A S | from | exhaus t ion t he na tu r a l supplies of mar ine and other |
t h e exis t ing S ta tu te Law is insufficient to preserve
edible Fishes A n d i t is expedient t h a t such law should ho repealed and t h a t more effective measures should be adopted to check t h e wanton or unnecessary des t ruct ion of i m m a t u r e fish a n d to pi*event the dis turbance of t he various nurser ies and breeding grounds du r ing certain m o n t h s of t h e year as well as t h a t greater facilities should be given for t he es tab l i shment of artificial oyster-beds and more effective means be supplied for t he preservat ion and deve lopment of n a t u r a l
| oyster-beds | A n d i t is also expedient in order to car ry ou t these and |
| the several purj)oses here in set for th a n d to establish a be t te r | system |
of p ro tec t ing and r egu la t i ng t h e said Fisher ies t h a t a cen t ra l Board of Control should be created clothed wi th t he powers and dut ies herein after declared Be i t therefore enacted by the Queen ' s Most Exce l len t Majes ty by and wi th t h e advice and consent of the Legis la t ive Council and Legis la t ive Assembly of N e w Sou th W a l e s in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows : -
Preliminary Provisions—Appointment of Commissioners &c.
| 1. This A c t m a y be cited for all purposes as t h e " Fisheries A c t 1 8 8 1 " and i ts provisions are a r ranged in t he order | and | comprise |
| t h e | subjects | following | v i z . : — |
Preliminary Provisions—Appointment of Commissioners Sec.— 88. 1-9.
P A R T I.—Net and Line Fisheries—ss. 1 0 - 2 5 .
P A R T I I . — Oyster Fisheries—ss. 26 -47 . P A R T I I I . — P r i v a t e Fisheries—ss. 4 8 - 5 7 . P A R T IV.—Legal Procedure—Miscellaneous—ss. 5 8 - 6 9 . S C H E D U L E S .
of t he h u n t . "Lessee"—
2. I n th i s A c t unless t h e con tex t requires a different m e a n i n g
| t h e following words w i th in inver ted commas shal l bear | t h e | respect ive |
| mean ings hereby assigned to t h e m :— |
" F i s h •—All or any of t he variet ies of mar ine or fresh wa te r fishes enumera ted in t h e First Schedule here to .
" O y s t e r " — E v e r y k ind of eatable oyster and the spat brood and ware thereof.
"Lobs t e r " -—The crayfish commonly called " l o b s t e r . "
" G o v e r n o r " — T h e Governor w i th t h e advice of t he Execu t ive Council .
" Commiss ioners"—The Commissioners of Fisheries appointed
unde r th is Ac t .
" S h o r e " means t h e por t ion of Crown lands s i tuate be tween m e a n
h igh and m e a n low-water m a r k .
" B u n t " means t he midd le por t ion of a seine or hau l ing ne t between t h e wings b u t not be ing more t h a n one-third of t he whole
l eng th of such net .
" W i n g " means t h e por t ion of a seine or hau l ing ne t on each side
"Lessee" -—Inc ludes every assignee or sub-lessee.
" B o a t " — I n c l u d e s any vessel or p u n t of any descript ion whatsoever .
" T i d a l W a t e r s " — A l l waters which ebb and flow over Crown Lands w i th in t h e ter r i tor ia l jur i sd ic t ion of t he Crown in N e w South Wales and every lake and lagoon in t h e said Colony ordinari ly subject to t h e influence of t he tides ( a l though the communica t ion wi th t he sea m a y for t h e t i m e be closed) t h e soil or bed whereof is t he proper ty of the Crown toge ther w i th in each case t h e soil of such Crown Lands .
" N a t u r a l O y s t e r - b e d " — A n y bank bed or place of deposit i n any t ida l waters where in oysters which have no t been laid down by artificial means are or shal l be found b u t exc luding rocks stones mangrove or o ther t rees or dead t imber or a n y o ther
subs tance above m e a n low-wate r -mark whereon oysters a re or m a y be found a t t ached or growing.
" J u s t i c e " — A n y J u s t i c e of t he Peace.
" I n s p e c t o r " — I n c l u d e s Assis tant Inspec to r .
3 . The A c t twen ty -e igh th Victor ia n u m b e r t e n in t i tu led " An
Act to protect the Fisheries of New South Wales" t h e A c t thir ty-f i rs t
Victoria n u m b e r t en in t i tu led " An Act to amend the Fisheries Act of
1865" and t h e A c t thir ty-f i rs t Vic tor ia n u m b e r t w e n t y in t i tu led "An
Act to regulate Oyster Fisheries and to encourage the formation of
Oyster-beds" and so m u c h of t h e t h i r t y -e igh th section of t he " L a n d s Acts A m e n d m e n t A c t 1 8 7 5 " as empowers t he Governor in Counci l to g ran t leases of Crown lands for t he purpose of a fishery are he reby repealed b u t w i thou t pre judice to t h e pas t operat ion of or to any r i g h t
lawfully created offence commi t t ed or pena l ty incurred unde r a n y of the said Acts .
4. The du ty of pro tec t ing developing and r egu la t i ng t h e Pub l i c
Fisheries of N e w South W a l e s shal l be vested in five Commissioners to be called t h e " Commissioners of Fisher ies for N e w South W a l e s " w h o by t h a t n a m e shal l be a body corpora te wi th perpe tua l succession and a common seal w i th power to hold real and personal es ta te and to sue and be sued and to t ake and be t he subject of all legal proceedings b y such n a m e A n d t h e dut ies powers and au thor i ty of t h e said Commis sioners shall ex tend to t h e ter r i tor ia l l imits of t h e said Colony Such body corporate shall be composed of five persons to be appointed b y the Governor b y commission u n d e r t h e Great Seal each of w h o m shall hold office for t he t e r m of five years from t h e date of his appo in tment unless his office become vacan t in the m e a n t i m e by dea th or res ignat ion but subject never theless to removal by t h e l ike au thor i ty B u t a n y
Commissioner m a y be reappointed after t h e expira t ion of his t e r m of office The Governor shall e i ther by t h e original Commission or other wise as to h i m seems proper appoint one of t h e Commissioners to be President A n d t h e Pres ident or in his absence one of t h e Commis sioners appoin ted from t ime to t ime by t h e mee t ing shall preside at all meetings and a t any vo t ing shal l have a n original as well as (in cases of equal i ty of votes) a cas t ing vote A n y three Commissioners shal l be
a quo rum.
5. I t shall be lawful for t he Governor on t h e r ecommenda t ion
of t h e Commissioners to appoint so m a n y Inspec to r s of Fisher ies a n d other officers as he may t h i n k necessary for t h e purposes of th i s A c t and to assign to every such officer such salary as he m a y t h i n k fit a n d as Pa r l i amen t m a y vote A n d every such officer shall ac t unde r t h e direction of and be responsible for t h e due performance of his dut ies
to t h e Commissioners .
6. I n addi t ion to such inspectors it shall be lawful for t h eGovernor to appoin t any officer of Cus toms or officer in t he Depa r tmen t of t he M a r i n e Board stat ioned a t any outpor t or pilot
s ta t ion
stat ion on t h e coast of t h e colony or other person to act as an assistant Inspec to r of Fisher ies a t such outpor t or s ta t ion and for such extent of waters as m a y be placed under his supervision Al l such assis tant inspectors shall carry out t he directions of t he Commissioners so far as prac t icable to t he best of the i r abil i ty and shall act in concert w i th t h e inspectors and shall be paid such sums in addi t ion to the i r ord inary
salaries (if any) as t he Governor m a y appoint and as Pa r l i amen t m a y
vote .
7. All Police Magis t ra tes and all officers of Police of or above t h e r a n k of sergeant shall wi th in the i r respective distr icts be and have t h e powers and author i t ies of Inspec tors of Fisheries ex officio.
8. I t shall be lawful for t h e Governor by proc lamat ion in t h e Gazette to define t he var ious Fisher ies of the Colony s i tuated in any t idal waters a n d to dis t r ibute t h e same into divisions to be designated respect ively
( I ) The H o m e Fisheries ( I I ) The N o r t h e r n Fisheries ( I I I ) The Southern Fisher ies
A n d each of such divisions shal l be placed under t he supervision of one or more inspectors or assis tant inspectors who shall report in detai l at least once in every m o n t h or oftener if required to t he Commissioners u p o n t he s ta te of t he Fisher ies included wi th in his division in accordance wi th regula t ions to be m a d e by t h e Governor or in the i r absence in accordance wi th t h e directions of t he Commissioners Provided always t h a t t he Governor m a y by a l ike proc lamat ion from t ime to t ime rescind any such definition and a l ter the boundar ies of any such Division or subdivide the same.
9. I t shall be lawful for t he Governor to m a k e regulat ions
from t ime to t ime for t h e purpose of giving effect to t h e provisions of th i s A c t as to all details wha tever a n d in addi t ion to any purpose hereinafter ment ioned for airy of t he purposes following namely—
(1.) F o r r egu la t ing t he conduct of business by t he Commissioners and defining t he duties of all officers and other persons clothed with any du ty or au thor i ty unde r th is A c t
(2.) F o r prescr ibing t he forms and conditions of all licenses mode of p a y m e n t of license
fees and t h e due t ransmiss ion
of and
account ing for all moneys to t h e Treasury and Aud i t depart m e n t s respectively
(3.) F o r prescr ibing t he mode of tes t ing t he l eng th of ne ts and
the dimensions of t he meshes of ne ts and (no twi ths tanding
a n y t h i n g conta ined in the Second Schedule hereto) the
weights or sizes of fish prohibi ted to be caugh t sold or con signed or exposed for sale and for defining w h a t are marke t
able and u n m a r k e t a b l e p rawns (1.) F o r de te rmin ing all r igh t s of priori ty in shooting ne ts or dredging for oysters as be tween fishermen and dredgermen
n e t t i n g or dredging on the same ground (5.) F o r prescr ibing the mode and t imes of inspec t ing artificial
oyster-beds d redging and cleaning n a t u r a l oyster-beds and
m a r k i n g t he boundar ies of oyster cu l tu re leases (G.) F o r prescr ibing t h e t imes and condit ions when and under which n a t u r a l oyster-beds may be dredged and for the pay m e n t of royalties on oysters dredged from such beds
(7.)
Provid ing t h a t all oysters of u n m a r k e t a b l e size together wi th all dead shells cu l tch and substances dredged u p to which oysters whe the r alive or dead are found a t tached shall be th rown back in t he places where the same shall have been dredged
(8.) Prescr ib ing the size of marke tab le oysters which may be
lawfully dredged t aken consigned or exposed for sale
B (9.) (9.) F o r supply ing or enabl ing lessees and owners of p r iva te fisheries to supply themselves w i th oyster spat or brood from Crown Lands for t he purpose of s tocking oyster lay ings a n d u p o n w h a t condit ions and by w h a t persons such spat a n d brood m a y he collected on such lands
(10.) P re sc r ib ing t h e mode of deal ing wi th a n d t empora r i ly deposi t ing any oysters seized u n d e r t h e au thor i ty of th i s A c t — h o w oysters so seized shal l be res tored in case of n o adjudicat ion of forfeiture thereof a n d how and where oysters shal l be disposed of in case of such adjudicat ion a n d u n d e r w h a t c i rcumstances and condit ions any such oysters m a y be sold prior to adjudicat ion of forfeiture and how the proceeds of such sale shal l be accounted for
(11.) Prescr ib ing the mode and place of b rand ing oyster bags and of regis ter ing such b rands
(12.) P resc r ib ing a scale of rewards (and t h e t e rms and condi t ions of t he paymen t thereof) for t h e des t ruc t ion of cormo ran t s or shags Provided t h a t no such r eward shal l exceed the s u m of one shi l l ing for any one such bird and shall be payable out of t h e moneys received in to t h e Treasury u n d e r the provisions of th is A c t
(13.) F o r t he protect ion and regula t ion of P u b l i c Oyster Reserves and for g r a n t i n g a n n u a l licenses subject to t h e paymen t of fees (not to exceed five shil l ings for each person) to ga the r oysters a n d spat for sale or c u l t u r e from specified por t ions of such reserves and subject t o such conditions as m a y be
prescribed by t h e Regu la t i ons
(14.) Prescr ib ing t h e condit ions u n d e r which gaolers and persons in charge of any gaol watch-house lock-up or police s ta t ion m a y t a k e recognizances from persons lodged in custody under t h e s ixty-second section hereof
(15.) P rov id ing for t h e h a u l i n g and l and ing of gar-fish a n d p rawn- nets in such a m a n n e r as to p reven t t he dest ruct ion of under
weigh t fish
I t shall be lawful for any such regula t ions to provide for the i r enforce m e n t by t h e imposi t ion of a penal ty not exceeding in a n y case t h e s u m of t w e n t y pounds A n d all such regula t ions shall on publ icat ion in t h e
Gazette have t he full force of law and a copy thereof shall be laid before
t h e Legis la t ive Council and Legislat ive Assembly w i th in four teen days
after t h e m a k i n g thereof if P a r l i a m e n t be t h e n in session a n d if n o t
t h e n wi th in fourteen days after t h e c o m m e n c e m e n t of i ts t h e n n e x t
ensu ing session.
P A R T I .
Net and Line Fisheries.
10. I t shall be lawful for t h e Governor on t h e recommenda
t ion of t h e Commissioners to declare by proc lamat ion in t h e Gazette t h a t a n y specified t idal waters shal l be exempted f rom n e t fishing du r ing t h e m o n t h s of Apr i l M a y J u n e J u l y A u g u s t a n d Sep tember in every year T h e fisheries in all such t idal waters so specified shal l be t e rmed " Close F i she r i e s " and t h e m o n t h s d u r i n g wh ich t h e
same arc so e x e m p t from n e t fishing " Close m o n t h s " A n d if a n y
person shal l in a n y close fishery d u r i n g a n y close m o n t h p lace shoot
cast or h a u l any fishing-net wha teve r or s take fix or set a n y such n e t
for t h e purpose of ca tch ing t a k i n g or enclosing any fish enumera t ed
in t h e F i r s t Schedule here to or in such m a n n e r t h a t a n y such fish
m i g h t
| m i g h t he c a u g h t or t a k e n | the reby such person | shal l | be l iable | to | a |
| pena l ty n o t exceeding fifty pounds and no t less t h a n t e n | pounds |
A n d every person a iding or assist ing in t h e shoot ing or cast ing of a n y such n e t or be ing in any boat from which a n y such n e t shal l be shot or cast in con t raven t ion of t h e provisions of th i s section shall incur a l ike pena l ty Provided a lways t h a t i t shall be lawful for t h e Governor on t h e l ike r ecommenda t ion and in l ike m a n n e r to rescind or va ry any
| such | proclamat ion. |
1 1 . E v e r y n e t when used for t he purpose of ca tch ing or enclosing
fish in t idal waters shall be deemed to be an un lawful ne t whenever or wherever so used if t h e mesh of such n e t shal l measure diagonally w h e n prepared for use we t ted a n d s t re tched in accordance wi th t h e regula t ions less t h a n two inches and one qua r t e r in t h e b u n t or th ree inches in t h e wings or if t he same w h e n cast or shot shall enclose a space m e a s u r i n g more t h a n th ree hund red yards a long the corks f rom one end of such n e t to t he other unless such ne t be a bond fide p r a w n or gar-fish n e t and used for ca tch ing prawns or gar-fish only (as t h e case m a y be) And if any person shal l ca tch or a t t e m p t to ca tch any fish by cas t ing h a u l i n g or shoot ing any ne t h a v i n g a m e s h less t h a n t h e said respect ive dimensions and no t be ing a bond fide p r a w n or gar-fish ne t and used as aforesaid such person shal l for t h e first offence be l iable to a penal ty no t exceeding five pounds and no t less t h a n two pounds a n d for a second or subsequen t offence to a pena l ty no t exceed ing twen ty a n d not less t h a n five pounds The Jus t ices shall in every case whe re an offender is convicted u n d e r th i s section order all unlawful ne t s used b y or found in t he possession of such offender to be forfeited to H e r Majes ty A n y two or more nets placed behind or near to each o ther in such a m a n n e r as to d iminish t he mesh or means of escape for enclosed fish shall be deemed to be an unlawful ne t u n d e r this section For t h e purposes of th i s section no n e t shall be deemed to be a bond
fide p rawn-ne t which exceeds fifteen fa thoms in l eng th or of which
t h e mesh is less t h a n one inch ascer ta ined as aforesaid and no ne t shall be deemed to be a bond fide gar-fish ne t of which t h e b u n t exceeds t h i r t y fa thoms in l eng th or has a mesh less t h a n one a n d a half-inch
| ascer ta ined | in l ike m a n n e r b u t such gar-fish n e t | shall have on each |
| side of t h e b u n t thereof | a w ing h u n g on t h e same cork and lead lines |
| n o t less in l eng th t h a n t h e b u n t of | such n e t | a n d | of which the | mesh |
shall n o t be less t h a n two inches Provided t h a t any n e t which under t h e Ac t s hereby repealed would have been a lawful ne t dur ing the win te r m o n t h s as there in provided shall be deemed to be a lawful
| ca t ch ing gar-fish only a t any t ime un t i l t he thir ty-f irs t day of J u l y in | gar-fish n e t unde r th i s A c t w h e n used bond fide for t h e purpose of |
| t h e year one thousand e ight hund red and e ighty- two b u t no longer Provided also t h a t t h e provisions of th i s section as regards size of mesh a n d l eng th of ne t shall no t apply to t h e use of drift-nets or purse-seines in t h e open sea. |
12. E v e r y ne t w h e n used for t h e purpose of ca tch ing or enclosing
fish in in land waters t h a t is to say in any r iver or creek not influenced by the t ides or in any fresh-water lake lagoon or pond shall be deemed to be a n unlawful ne t if t he mesh of such ne t shall measure diagonally w h e n prepared for use wet ted and s t re tched in accordance wi th t he R e g u lat ions less t h a n th ree inches in any pa r t thereof or if such ne t (whatever t h e size of t he mesh) be s taked fixed or set completely across any such r iver or creek A n d the penal t ies and directions conta ined in t h e last p reced ing section shal l be appl icable to every offence and offender unde r th i s section Provided always t h a t n o t h i n g in th i s section con ta ined shall apply to t h e owner of t he soil or bed of any in land waters us ing or se t t ing a ne t w i th in such waters to capture fish for breeding purposes or for s tocking a fishery or for his own consumpt ion only.
13 . The se t t ing of any ne t by t he process known as " s t a l l ing" whereby a ne t is s taked or set across or wi th in any bay inlet r iver or creek in t idal waters in such a m a n n e r t h a t fish enclosed by such ne t a re or m a y be left s t randed a t low t ide is hereby declared to be illegal B u t n o t h i n g in th i s section contained shall apply to a bond fide mesh ing ne t hav ing a mesh not less t h a n four inches ascer ta ined as aforesaid and no t exceeding s ixty fa thoms in l eng th w h e n set as a m e s h i n g ne t provided t h a t no such mesh ing ne t shall be set du r ing any c losemonth in a close fishery A n d any person who shall offend against t h e provisions of this section shall be liable to t he l ike penal t ies and forfeitures as are declared b y the e leventh section hereof.
14. If any person shall sell or consign or expose for sale or h a v e in his possession or on his premises any fish of any of t he species ment ioned in t he Second Schedule here to of a less we igh t t h a n t h a t set opposite t h e n a m e of such fish in such Schedule or prescribed by any Regu la t ion he shal l be liable to a penal ty not exceeding two pounds for t he first offence and for the second or any subsequent offence to a pena l ty no t exceeding five pounds and no t less t h a n two pounds A n d al l such under -we igh t fish together wi th all o ther fish found in t he same baske t or other receptacle or exposed on t h e same table or s tand or found in t he same boat cart or vessel wi th such under -we igh t fish shall be forfeited and be disposed of in accordance wi th t h e regula t ions A n d any Inspec tor officer of police or person authorized in wr i t ing by h i m m a y seize any fish wh ich unde r th i s section are l iable to forfeiture and t ake t he same before any Jus t i ce who upon view thereof shall declare w h e t h e r or not such fish are unde r weigh t and if ho declare t h e m to be so shall order t h e m to be forfeited and to be disposed of in accordance wi th t he regula t ions The provisions of this section shall not apply to any Cura tor of a M u s e u m or zoological collector holding a permi t f rom t h e Commissioners or to any owner of a pr iva te fishery in respect of fish t aken therefrom or to any persons be ing in possession of fish for purposes of piscicul ture or to a n y person who m a y have in his possession fish no t in tended for sale or to a n y abor ig inal t ak ing or be ing in possession of fish for his own consumpt ion b u t in every such case of exempt ion the proof thereof shall be upon the defendant or person charged.
15. Al l p r a w n fishers and other persons ca tch ing prawns shal l
if they requi re to r iddle t h e m so as to separate t he marke tab le from t h e u n m a r k e t a b l e so riddle or separate t h e m only in the waters whe re t he same have been c a u g h t and in such a m a n n e r as to permi t t he small
p rawns to escape A n d if any p r a w n fisher or person shall fail t o comply wi th such direction or shall r iddle or separate any p r awns after boi l ing or cooking t h e same or w h e n such p rawns arc dead h e shall be liable to t h e l ike penalt ies as are provided by the last preceding section.
16. I t shall no t be lawful for any person to ca tch or a t t e m p t
to ca tch p rawns by means of a ne t or b y any other mode of cap tu re du r ing t h e mon ths of J u n e J u l y A u g u s t and September in any year in any t idal waters of or t r i bu t a ry to t he River H u n t e r or in any o ther t idal waters to which t h e Governor shall by Proc lamat ion in t h e Gazette declare t h e provisions of th i s section to extend A n d if any person shall ca tch or a t t e m p t to ca tch any prawns in cont ravent ion of th is section in any such t idal waters he shall be liable to t h e l ike penal t ies as are provided by section t en hereof.
17. I t shall be lawful for the Governor from t ime to t i m e
to declare by Proc lamat ion to he publ ished in t h e Gazette and in some newspaper c i rcula t ing in t he nearest Police Dis t r ic t t h a t t h e whole or any defined port ion of any t idal r iver inlet es tuary lake lagoon or a r m of t h e sea shal l be closed agains t t h e use of fishing- ne t s for such t e r m not in a n y case to exceed two years as t he
Governor
| Governor shal l t h i n k fit | Such Proc lamat ion shall only bo issued when |
t h e Commissioners shall repor t to the Governor t h a t t h e na tu r a l supply of fish in t h e waters proposed to be closed has been exhaus ted by net- fishing or otherwise to such a degree as to require rest for t h e recovery of such na tu ra l supply b u t any such Proc lamat ion m a y be extended by t h e Governor if so advised by t h e Commissioners for a fu r ther period no t to exceed one year from the expirat ion of t he original t e r m of
| closure or m a y in l ike m a n n e r be rescinded a t any t ime | whatever . |
18 . I f any person after t h e expira t ion of t h i r ty days from the
da te of any such Proc lamat ion or extended Proc lamat ion and dur ing t h e cur rency thereof shall cast hau l s take fix or place any ne t of any k ind wha tever for t he purpose of t a k i n g or cap tu r ing fish wi th in t h e l imits of t he t idal waters or area defined in such Proc lamat ion such person shall be l iable for t h e first offence to a pena l ty n o t exceeding t e n pounds and for the second or any subsequent offence to a pena l ty not exceeding twen ty pounds and not less t h a n five pounds A n d every person convicted unde r th is section shall if hold ing a license unde r this pa r t be deemed by conviction to have forfeited his license A n d all fish
| t a k e n | in violat ion of t h e provisions of th is | section toge ther w i t h all |
fishing-nets used for t h e purpose of t a k i n g the same shall be forfeited to H e r Majesty and shall be disposed of as provided by t h e Regula t ions A n y inspector constable or officer of Police m a y wi th or w i thou t warrant apprehend and t ake before one or more Jus t i ces any person found offending aga ins t t h e provisions of th is section to be deal t wi th as
| here inaf ter | provided and m a y in l ike m a n n e r seize every such | net . |
19. Eve ry boat used or in tended to be used for ca tch ing for sale any of t h e varieties of fish whe the r mar ine or fresh wa te r enumera t ed in t he P i r s t Schedule here to by n e t or l ine shall be licensed The fee for every such boat l icense shal l be one pound which shall be paid annua l ly to t h e Colonial Treasurer or some officer author ized by h im to receive license fees unde r this Ac t and p a y m e n t of such fee shall cover t h e in terval f rom t h e date of p a y m e n t to t he thir ty-first day of December of t he same year or if made on the las t -ment ioned day and m o n t h shall give t he license a dura t ion ex tend ing to t he corresponding day and m o n t h of t he year n e x t following Provided
| t h a t after t he | t h i r t i e th day of J u n e in any year one moie ty | only |
| of | such fee shall be | payable | E v e r y boa t licensed | u n d e r th is | section |
| shal l have pa in ted in legible le t ters in such conspicuous place as | m a y |
| be prescribed by the Regu la t ions t he n a m e of he r owner and | t h e |
| words " Licensed | fishing-boat." |
20. Eve ry person employed in ca tch ing for sale fish lobsters or
| p rawns in or u p o n any t idal waters shall pay an annua l license fee | of t en shill ings to t h e Colonial Treasurer or some officer authorized | |
| by h i m to receive license fees unde r th is A c t Such fee shall be payable on the dates and according to t h e provisions expressed in t h e last | ||
|
2 1 . I f any person shall t ake or a t t e m p t to t ake any fish w i th in
| such waters as aforesaid | w h e t h e r by l ine or | by ne t w i t h o u t hold ing | a |
| valid | fisherman's | license as requi red by t h e n e x t preceding | section |
hereof or shal l t ake or a t t e m p t to t ake any such mar ine or fresh water fish whe ther by l ine or ne t in a boat no t licensed unde r section n ine teen hereof h e shall be liable for every such offence to a pena l ty no t exceeding forty shil l ings B u t n o t h i n g in th is section conta ined shall ex tend to persons on excurs ion or p leasure par t ies fishing for pur poses other t h a n sale Provided a lways t h a t i t shall lie upon the defendant to prove t h a t he is w i th in t h e saving in th i s section con ta ined in any case where no t be ing the holder of a license unde r t h e nex t preceding section he shall be found fishing in a boat licensed
| u n d e r | th is | Act. |
22. I t shall no t be lawful by t h e explosion of dynami te or any
explosive substance or b y means of any poisonous or noxious t h i n g to
des t roy or t ake fish in any t idal or o ther wa te r s in N e w Sou th W a l e s A n d if any person shal l explode any dynami t e or any such subs tance unde r such waters or place any poisonous or noxious t h i n g i n such wa te r s such person shall for every such offence be liable to a pena l ty no t exceeding forty pounds and n o t less t h a n t en pounds B u t n o t h i n g here in conta ined shall apply to any person du ly au thor ized ( the proof whereof shal l be on h im) to explode torpedoes or dynami te in
a n y such waters .
23 . I f any person wi thou t lawful au tho r i t y t h e proof of wh ich
shall lie on h i m shall drive or place any s take log stone or o the r t h i n g wha tever l ikely to damage a fishing-net if d ragged over or aga ins t i t
i n a n y t ida l water whatever w i th in t h e reach of a seine of lawful l e n g t h and if a n y damage shall he sustained b y any lawful fishing ne t t h r o u g h coming in to contact w i th such s take log s tone or t h i n g such person shal l be l iable to a pena l ty no t exceeding t en pounds a n d in addi t ion to pay such compensat ion to t h e owner of such n e t as m a y
be awarded by t h e ad judica t ing Jus t i ces .
2 1 . Eve ry person who shal l be found us ing a fishing-net of a n y
k i n d whatsoever in any waters in N e w Sou th W a l e s shall on d e m a n d give his t r u e n a m e and residence to a n y inspector J u s t i c e officer of police or constable and to any owner or occupier of land border ing such waters or over which t hey ebb and flow A n d if any such person shal l refuse or neglec t to comply w i t h such d e m a n d or shall give a false or fictitious n a m e or residence he shall be liable to a pena l ty n o t exceeding five pounds .
25. A n y inspector officer of police or constable a n d any person au thor ized in wr i t i ng by any J u s t i c e of t h e Peace m a y a t any t i m e enter a n y premises or dwell ing or go on board any boat a n d search for and seize a n d t ake away any n e t which has been used in con t raven t ion of t he provisions of th i s A c t or which is or is suspected to be of less dimensions in t h e mesh or of a l eng th not pe rmi t t ed by th is A c t or t h e Regu la t ions A n d every ne t so seized shall be t a k e n before a Jus t i ce w h o on inspect ion thereof shal l if satisfied t h a t t h e same has been so used as aforesaid or is an unlawful ne t shal l order t h e same to be
forfeited to H e r Majes ty .
P A R T I I .
Oyster Fisheries.
26. Char t s or p lans of all r ivers in le ts estuaries creeks a n d o ther oyster -bear ing waters in N e w Sou th W a l e s according to s u c h scale a n d in such m a n n e r as t h e Governor m a y direct shall be p repa red as soon as m a y be convenient ly pract icable after t h e pass ing of th is A c t A n d the posit ion and boundar ies of all n a t u r a l oyster-beds a n d of all areas leased or lawfully occupied unde r th i s A c t shall from t i m e to
t i m e be cha r t ed thereon .
27. Al l leases g ran ted or promised to be g ran ted u n d e r t h e
" Oyster-beds A c t of 1868 " hereby repealed shall be deemed valid to all in ten t s and purposes a l t h o u g h such leases comprise n a t u r a l oyster-
beds or port ions thereof Provided a lways t h a t i t shal l be lawful for t h e Governor to m a k e regula t ions for t h e m a n a g e m e n t of such n a t u r a l oyster-beds d u r i n g such leases and by such regula t ions to provide for t h e avoidance of such leases if such regula t ions or any of t h e m b e n o t
complied wi th .
28. Crown L a n d s ly ing below the m e a n l ine of h igh-wate r m a r k
in a n y bay river es tuary inlet l ake or creek or in any t idal waters m a y be leased b y t h e Governor for t he purpose of enabl ing t h e lessees t o form or p lan t oyster-beds or layings Al l such leases shall he subject
| t o t h e condit ions and provisions | fo l lowing :— |
(1.) N o n a t u r a l oyster-bed or port ion of any such bed shall he inc luded in any such lease
(2.) The t e r m for which any such lease m a y be g ran ted shall n o t
exceed th i r ty or be less t h a n four teen years
(3.) The a n n u a l r en t to be reserved on any such lease shall be
five shill ings per acre for t h e first four years a n d t w e n t y
shi l l ings per acre for t he remainder of t h e t e rm
(4.) N o lease shall include an area exceeding twenty-five acres
(5.) E v e r y such lease shall conta in and be issued subject to such
condit ions a n d provisions as m a y be prescribed by t h e R e g u lat ions or approved by t h e Governor
(6.) E v e r y such lease m a y be renewed on i ts expira t ion for a fu r ther t e r m not exceeding t h i r t y years a t such r e n t a n d subjec t to such conditions and provisions as m a y b e prescribed by t h e Regula t ions or approved by the Governor b u t only in case t he Governor shal l be satisfied a t t h e end of t h e original t e r m t h a t t h e area leased is fairly stocked wi th oysters and has been du r ing t h e t e r m of t h e lease proper ly worked in accord ance wi th t h e conditions of t he lease
(7.) Occupat ion unde r any such lease shall no t give any r i g h t or t i t le to t h e lessee to form or p lan t oyster-beds or layings on t h e shore nor to occupy or use a n y por t ion thereof no t included in his lease except for such purposes and dur ing such t imes as m a y be prescribed by t h e Regula t ions A n d no
por t ion of t h e shore f ront ing l and al ienated in fee by t h e Crown shall be inc luded in a n y lease g ran ted unde r th is section
(8.)
Eve ry such lease shall be in wr i t ing or par t ly pr in ted and pa r t ly wr i t t en and shall by reference to a p lan or t r ac ing endorsed the reon or annexed there to define as near ly as prac t icable t he posit ion a n d boundaries of t h e land in tended to be leased
(9.) E v e r y such lease shal l vest in t h e lessee his executors adminis t ra tors a n d assigns t h e exclusive r igh t dur ing t h e cur rency of t h e lease of lay ing and p l an t i ng oysters and of d redging and t a k i n g oysters in and f rom the oyster-bed or l ay ing author ized to be formed by the t e rms of such lease b u t subject always to t he r i g h t of any inspector or author ized
officer to enter upon any land inc luded in such lease and to tes t t h e condit ion of t he layings b y dredging or otherwise or for any other au thor ized purpose
(10.) N o lease g ran ted unde r th is section shall be deemed to be
whol ly inval id on t h e ground t h a t t h e land demised includessome por t ion of a n a t u r a l oyster bed b u t t h e lease in t h a t case
shal l be held to be good for t he residue of t h e l and demised exc lud ing the said por t ion
(11.) The Governor may if so recommended by the Commissioners accept a sur render of a n y lease g ran ted unde r th i s section in any case where after a lapse of six years from t h e date of such lease i t shall appear to t he satisfaction of the Com missioners t h a t oyster cu l tu re cannot be carried on upon t h e por t ion demised w i t h any reasonable hope of success or where from any other reason the Commissioners shall report in favour of such sur render
Every lease granted unde r t he provisions of th i s section shal l be subject to t h e provisions of t h e n i n t h section of t he " Crown Lands Al iena t ion
| A c t | of | 1 8 6 1 . " | 29. |
29. Before any such lease shall he granted the Commissioners shall
cause a not ice of t he appl icat ion therefor to be inserted in the Gazette and
in some newspaper c i rcula t ing in t he Police Dis t r ic t wi th in which the
land applied for is s i tuated A n d any person may by memoria l addressed to t h e Commissioners wi th in t h i r t y days after t he date of t h e last of such not ices p ray t h a t t h e lease applied for be no t granted on the ground t h a t i t includes a na tu ra l oyster-bed or port ion thereof A n y memor ia l so presented shall be duly inquired in to and if the Commis sioners t h i n k fit an Inspec to r shall be sent to visit and repor t specially as to t he site of t h e proposed lease and the t r u t h of t h e al legat ions conta ined in such memoria l A n d no lease shall be g ran ted of any land if t he Commissioners shall be of opinion t h a t i t is t h e site of or forms pa r t of a na tu ra l oyster-bed or is wi th in t h e l imits of any oyster-bed or lay ing t h e proper ty of any pr ivate person.
30. I t shall no t be lawful for any person o ther t h a n t h e lessee
his agents servants and w o r k m e n wi th in t h e l imits of a n y oyster-bed or lay ing knowing ly to do any of t he following acts v i z . : —
(1.) To t ake or interfere in any way wi th any oysters on such bed or lay ing wi thou t the consent of t he lessee or lawful owner or occupier thereof
(2.) To deposit any stone bal last rubbish or substance on such bed
or lay ing (3.) To dredge or d rag wi th any imp lemen t upon or over such bed
or lay ing unless by direction of the Commissioner or t heproper officer of t he D e p a r t m e n t of H a r b o u r s and Rivers or
t h e Mar ine Board and on p a y m e n t of compensat ion for damage done (if any) (4.) To use any implement of fishing except a l ine a n d hook on such bed or l ay ing
(5.) To place any imp lemen t or t h i n g prejudicial or l ikely to be prejudicial to such bed or laying or to any oysters thereon except for a lawful purpose of navigat ion or anchorage
(6.) To dis turb or in jure in any m a n n e r except as last aforesaid any such bed or laying or any oysters thereon
A n d if any person does any act in cont ravent ion of th is section he shall be liable for t he first offence to a pena l ty no t exceeding five pounds and for t he second offence to a penal ty no t exceeding t en nor less t h a n five pounds and for a th i rd or subsequent offence to a penal ty of t w e n t y pounds A n d every such person shall also be liable to m a k e due compensat ion to t h e lessee for all damage sustained by such lessee by reason of such person 's unlawful ac t and in default of p a y m e n t
b y s t a tu te in respect to t he a m o u n t or n a t u r e of t he c la im for com t h e same may be recovered by the lessee in any Court no t incompeten t pensation whe the r such f irs t-mentioned person has been convicted of an offence unde r this section or not A n y of t h e acts men t ioned in sub sections (2) (4) (5) and (6) of th is section commi t t ed on or in respect of oysters be ing on a n a t u r a l oyster-bed by any person not lawfully author ized in t h a t behalf shall be an offence unde r th is section a n d be punishable by t h e l ike pena l ty as here in provided in respect of oyster- beds and layings unde r lease or lawful occupat ion.
3 1 . If it shall appear to t he satisfaction of t he Commissioners
t h a t any lessee has not wi th in t he period of two years from the date of his lease t aken measures proper in the opinion of t he Commissioners to form the oyster-bed or lay ing ment ioned in such lease t h e n it shall be lawful for t h e m to recommend t h e revocat ion of t he lease by t h e Governor A n d the Governor shall have power to revoke t h e same accordingly by notification in the Gazette A n d upon t h e publ icat ion of such notification all t he r igh ts and privi leges g ran ted by such lease and t h e t e r m thereby demised shall absolutely cease and de te rmine
Provided
| Provided always t h a t before m a k i n g | such | recommendat ion | t h e Com |
missioners shall cause a not ice in wr i t ing s ta t ing the i r in ten t ion to m a k e such recommendat ion to be served on the lessee or person for the t ime be ing ent i t led to t he lease or in case such person cannot be
| found they shall cause such notice to be inser ted as a n | adver t i sement |
a t least t h ree t imes in a newspaper c i rcula t ing in t h e Police Dis t r ic t nearest to t he area leased and also to be publ ished once in t h e Gazette A n d no such recommenda t ion shall be m a d e un t i l after the expira t ion of one ca lendar m o n t h from the service of such not ice or from the da te of t h e last adver t i sement (whichever shall happen last) Leases of t he land comprised wi th in any such revoked leases may be disposed of by publ ic auc t ion or otherwise if t he Governor shall t h i n k fit and all such new leases shall be subject to t h e provisions
| of section twen ty -e igh t | of th is | Ac t . |
32. I t shal l be lawful for t he Governor to lease to t h e owner lessee or occupant of any land a b u t t i n g on or bounded by any t idal waters any Crown L a n d ly ing between m e a n h igh -wa te r -mark and a l ine approx imate ly paral lel there to defining a depth of water not exceeding th ree feet a t low water of spring tides Provided t h a t no l and exempt from lease u n d e r t he nex t following section and no l and inc luded in a publ ic oyster reserve made unde r th is A c t or be ing par t of a na tu r a l oyster-bed shall be so leased Such lease shall be for
| oyster cul t ivat ion and be subject to t he following | condi t ions— |
(1.) The r e n t shall be at t he annua l ra te of one pound for every h u n d r e d or pa r t of a hund red yards in l eng th comprised in t he lease and shall be paid to t h e Colonial Treasurer or officer author ized by h im.
(2.) Such leases shall bear da te on t h e first of J a n u a r y in each
year and expire on t h e thirty-first of December in t he sameyear b u t t h e Governor m a y renew any such lease annua l ly
on p a y m e n t of t h e r en t here in prescribed in advance.
(3.) The lease shall be forfeited if t he r en t payable in advance for every renewal shall be unpa id
for t h ree m o n t h s after t he
first of J a n u a r y in any year and m a y be sold a t auct ion.
( I . ) To such conditions and provisions of t h e twen ty -e igh th section of th is Act as t h e Commissioners m a y apply there to
b y regula t ion .
33 . I t shall be lawful for t he Governor by notification in the
Gazette to declare t h a t any por t ion of . t h e shore a b u t t i n g on any
t idal waters or t h a t a n y por t ion of t he bed of any es tuary bay lake
inlet r iver or creek influenced by the tides wi th or w i thou t any por t ion
of t h e shore a b u t t i n g the reon and be ing t h e p roper ty of t he Crown
shall be e x e m p t from the power of leasing conferred b y this A c t and if he t h i n k fit c i ther by t he same or by any subsequent notification to declare t h a t any such port ion shal l be a publ ic oyster reserve A n y such reserve m a y on t h e recommenda t ion of the Com missioners be revoked by the Governor by a l ike notification.
3 1 . The lessee of any port ion of t h e shore of any t idal waters
| unde r t he thir ty-second section shall have t he exclusive r i g h t | du r ing |
| t h e cur rency of his lease of t a k i n g otherwise | t h a n for | t he purpose of |
| b u r n i n g for l ime all oysters found wi th in t he por t ion | so | leased and of |
| m a k i n g any layings or otherwise cu l t iva t ing | and | pro tec t ing | any | such |
oysters wi th in such l imits A n d any person t ak ing dredging for or d is turbing any oysters or a t t emp t ing to do so upon or from any such leased por t ion shall be liable to t he l ike penalties and forfeitures as are provided by section th i r ty hereof in all cases where t he l imits of such leased area shall be marked out in accordance wi th t he regula t ions b u t not otherwise.
35. The posit ion of all n a t u r a l oyster-heels and areas u n d e r lease shall he marked e i ther by substant ia l piles or stakes fixed in t h e g round or by buoys securely moored a n d such piles stakes or buoys shal l for n a t u r a l oyster-beds be pa in ted red and the words " Oyster-bed No. " shall be pa in ted in whi te let ters a t least t h ree inches in l eng th on such piles s takes or buoys and in t h e case of leased areas shall be pa in ted whi t e and t h e words " Oyster lease N o . " shall be pa in ted in b lack le t ters of t he l ike l eng th on such piles s takes or buoys I n rivers creeks and inlets and wherever else pract icable such m a r k s shall be placed so t ha t an imaginary line con nec t ing t he marks across t he r iver creek or inlet shal l be at r i gh t angles to t h e direct ion of t h e t ide The posit ion and n u m b e r of every such bed and area unde r lease shall correspond as near ly as pract icable wi th t he posit ion and registered n u m b e r of t h e same as char ted on t h e plans hereinbefore referred to and t h e m a r k i n g thereof shall in al l respects not here in provided for be subject to t he Regula t ions .
36. Oysters m a y be dredged or t aken from n a t u r a l oyster-beds
and f rom layings abandoned or w i t h d r a w n from lease by holders of d redging licenses only Such licenses shal l n o t be t ransferable and m a y be issued—
(1.) E i t h e r for a t e r m of one year (bu t renewable from year to
year) bear ing date as from t h e first day of J a n u a r y andexpi r ing on the thirty-first day of December in each year or
(2.) For a t e r m of t h r ee ca lendar m o n t h s from date of issue
The fee for an a n n u a l license shall be t en pounds and for a quar ter ly l icense t h r ee pounds to be paid in each case by the appl icant to the Colonial Treasurer or officer by h i m author ized to collect l icense fees
u n d e r th i s Ac t .
37 . Dredg ing licenses issued u n d e r t h e last preceding section
shal l be in t h e form prescr ibed by t h e regula t ions and shall author ize t h e holder and bis servants be ing t h e crew of any one oyster dredger to dredge for and t ake oysters in such waters and on such beds or places no t unde r lease and a t such t imes as a n Inspec tor m a y appoint
a n d subject to all regula t ions made unde r t h i s Ac t . 38 . E v e r y holder of a dredging license shall for every bag con ta in ing or repu ted to conta in n o t more t h a n three bushels of oysters dredged by h i m pay to H e r Majes ty a royal ty not less t h a n one shi l l ing and sixpence and not more t h a n four shillings A n d such royal ty shall be in accordance wi th t h e scale and shall be collected and
paid to t h e persons and in t h e m a n n e r prescribed b y t h e regula t ions . 39. I f any person other t h a n a n inspector or person lawfully
author ized in t h a t behalf no t be ing t h e holder of a valid a n d unexpi red dredging license unde r this Ac t shall dredge for or otherwise t ake from any n a t u r a l bed or lay ing as aforesaid any oysters or shal l be found dredging for oysters w i th in t h e l imits of such bed or lay ing such person shall be liable to a pena l ty not exceeding twen ty pounds and no t less t h a n five pounds and all oysters found in his possession shall be deemed to be oysters unlawful ly t a k e n b y such person and shall on his convict ion be forfeited to t h e use of H e r Majesty.
40. A n y person found dredging for or otherwise a t t e m p t i n g t o
t ake oysters wi th in t h e l imits of any n a t u r a l bed or laying as aforesaid who on demand by a n inspector assistant inspector officer of police or constable refuses or fails to p roduce his d redging license for inspec t ion shall be deemed to be unlawful ly fishing for oysters and for t h a t offence shal l be liable to a pena l ty no t exceeding t e n pounds a n d not less t h a n two pounds .
4 1 . The inspector of each distr ict shall keep a regis ter in
wh ich shal l be entered t he n a m e and regis tered n u m b e r of every holder of a d redging l icense who shall dredge for oysters wi th in such
distr ict
| distr ic t | A n d | every | such | holder | shall register his n a m e and n u m b e r |
| w i th such inspector and t h e | same shall be pa in ted in whi t e le t ters n o t |
less t h a n th ree inches long on a black g round on t h e qua r t e r of every boat or vessel here in t e rmed oyster-dredger employed by such holder in dredging for oysters A n d the words " Oyster D r e d g e r " shal l be pa in ted in black let ters n o t less t h a n twelve inches long on t h e m a i n or pr incipal sail of every such boat or vessel E v e r y person who shall a t any t ime dredge for or t ake or a t t e m p t to t ake oysters on a n y such bed or lay ing as aforesaid in any boat or vessel no t m a r k e d in accordance wi th t h e requ i rements of th is section shall for every such offence be liable to a pena l ty not exceeding ten pounds .
42 . Every person dealing in or selling oysters w h e t h e r whole
sale or by re ta i l shall t ake ou t an a n n u a l license for which a fee of five pounds shall be paid Such license shall en t i t l e t h e holder
| to sell and dispose of oysters in any p a r t of N e w South Wales | dur ing |
t h e year commenc ing on the first clay of J a n u a r y and end ing on the thir ty-first day of December and shall be renewed annua l ly by a l ike p a y m e n t wi th in fourteen clays after t h e first-mentioned day Provided t h a t on appl icat ions for licenses m a d e after t he th i r t i e th day of J u n e in any year one moiety only of such license fee shall be payable Such licenses m a y he granted by the Commissioners or by any
| Police Mag i s t r a t e a n d | the | fee | shall be paid to t h e Colonial Treasurer |
or some officer au thor ized by h im A n d every person who shall deal in or sell oysters w i t h o u t hold ing a license u n d e r this section shall be liable to a pena l ty not exceeding twen ty pounds and not less t h a n five pounds .
4 3 . Al l oysters wi th in t he l imits of any land comprised in any
| lease g ran ted unde r th is A c t or be ing wi th in | t h e | l imi ts of | a | pr ivate |
fishery unde r th is Ac t shall be t h e absolute proper ty of t h e lessee or owner of such pr iva te fishery respectively and shall for al l purposes whatsoever be deemed to be in t h e ac tua l possession of such lessee or owner A n d all oysters removed w i t h o u t lawful au thor i ty b y any person from any land so leased or f rom any such fishery or laying shall be deemed to be t he proper ty of such lessee or owner and h e shall be deemed to have t h e r igh t to t he possession thereof for all
| purposes whatsoever | Oysters on a na tu r a l oyster-bed or publ ic oyster |
| reserve shall be deemed to be a n d con t inue (unt i l lawfully | removed |
| therefrom) the proper ty of H e r Majes ty . |
44. Eve ry person who shall ga the r or b u r n live oysters for t he
| purpose of conver t ing t he shells in to l ime whe the r he be t h e holder | of |
| a lease or license unde r th is A c t or no t shall for every such offence | be |
| l iable to a pena l ty n o t exceeding | fifty | pounds . |
45 . N o person shall dredge for or t ake oysters a t any t i m e
be tween sunse t and sunrise except a n owner upon his pr iva te oyster fishery u n d e r a pena l ty for every offence no t exceeding twen ty pounds A n d if such person be a lessee or l icensee unde r th i s Act his lease or l icense may on t h e recommenda t ion of t h e convict ing Jus t i ces or t h e Commissioners be cancelled by the Governor.
46 . Al l oysters shipped on board any vessel shall be placed in bags branded in accordance wi th t h e regula t ions A n d the mas te r of every vessel on board which oysters a rc shipped shall en ter t he same in t h e manifest s ta t ing the quan t i t y and the n a m e of t he consignor and consignee A n d any oysters carr ied in any vessel in contra vent ion of th i s section m a y be seized by an Inspec to r officer of Customs or of police and forfeited to H e r Majesty A n d every such mas te r who shall fail to comply w i t h any of t h e r equ i rement s of th is section shall bo liable to a pena l ty of not less t h a n two pounds a n d not
| more t h a n t en | pounds . |
| 47 . I t shall be lawful for t he Governor whenever t he Commis sioners repor t t h a t t he whole or any | por t ion | of a na tu r a l | oyster-bed |
or
or t h a t any group of oyster-beds has b y over-dredging or from any other cause been reduced to such a s ta te t h a t t he fu r ther d redging of oysters from such bed or beds ough t to be suspended to prohibi t by proc lamat ion in t h e Gazette for any t e r m n o t exceeding th ree years the d redg ing or t a k i n g of oysters from such bed or beds or por t ion thereof as m a y be described in such proc lamat ion by any persons whosoever o ther t h a n an inspector or person authorized b y h i m or by t h e Com missioners A n d if any person shal l w i thou t lawful au thor i ty t h e proof of which shall lie on h im a t any t ime dur ing the period ment ioned in such p roc lamat ion t ake or dredge oysters from any n a t u r a l oyster-bed or por t ion thereof described in such proc lamat ion such person shall be l iable to a pena l ty not exceeding twen ty pounds nor less t h a n five pounds A n d all oysters and t h e bags conta in ing t h e m toge ther w i th all d redg ing appliances found in t h e possession of any person so offend ing m a y be seized and upon convict ion of t he offender shall be forfeited to H e r Majes ty All proclamat ions closing any es tuary r iver inlet or lake specified in the Thi rd Schedule here to and made and publ i shed unde r t he A c t thir ty-first Victoria n u m b e r twen ty -e igh t (hereby repealed) shall be deemed to be proclamat ions unde r th is A c t b u t expi r ing on the respect ive dates specified in t h e second co lumn of t h e said Schedule unless t he same shall be sooner rescinded b y a l ike pro clamat ion publ ished as aforesaid b y the Governor on t h e recommenda t ion of the Commissioners.
P A R T I I I .
Private Fisheries.
48 . A n y person ent i t led to an es ta te of freehold in possession
in any land and any lessee of land wi th t h e consent in wr i t ing of t h e reversioner (which consent such reversioner is he re byau thor ized to give) m a y apply in wr i t i ng to t h e Minis te r charged wi th t h e adminis t ra t ion of th is A c t for a l icense to establish a pr iva te fishery in or over any par t of such land.
49 . The appl icant for any such license shall s tate in his appl icat ion t he n a t u r e of his estate or in teres t in such land and shall describe t he area in and over which he proposes to establish his fishery t h e purpose or purposes for which such license is desired t he mode (if any) in which he proposes to admi t in and over such area t he sea or
any t idal-waters t h e distance point a t wh ich t h e admission of such waters has been or is to be between m e a n h igh-wa te r -mark and t h e effected t h e posit ion of such area wi th reference to any ha rbour r iver creek bay inlet lake a r m of t h e sea or pa r t of t h e coast in or near t he shore or b a n k of which such area is s i tuated A n d such appl icat ion
shal l be accompanied by a n exp lana to ry p lan or t r ac ing and by any
other par t icu la rs which t h e said Minis te r m a y requi re . 50. Such appl ica t ion together w i th all plans a n d documents accompany ing i t shall be referred to t he Commissioners and to any officers w h o m the said Minis te r m a y t h i n k fit to consul t to repor t w h e t h e r any r igh t s of the Crown or t h e publ ic are l ikely to be prejudiced or in jur iously affected by any w o r k in connexion wi th t he proposed fishery.
5 1 . U p o n the receipt of such repor t i t shall be lawful for t h e
Governor to refuse such l icense absolutely or to g ran t i t in t e r m s of such appl icat ion or w i th such modifications thereof and subject to such condit ions as he may t h i n k fit all of wh ich shall un t i l revoked be b ind ing on t h e gran tee a n d his successors in t i t le in respect of t he area over which such license ex tends .
52. A n y license so g ran ted m a y be revoked by the Governor
a t any t i m e if be shall be of opinion tha t t h e condit ions there in
expressed or any o ther t e rms of t h e g ran t have no t been fai thfully
| complied | wi th . |
53 . The g ran t and t h e revocation of any such license shall severally t ake effect upon notification in the Gazette P rov ided t h a t the re shall u p o n every such g ran t be paid to t h e Colonial Treasurer or authorized officer t h e s u m of t en pounds .
54. The g r a n t of a license for a pr ivate fishery shall have the
effect :—
(1.) Of ves t ing in t h e gran tee and his successors in t i t le to t h e area described in t he license and as a p p u r t e n a n t to such area t h e exclusive r igh t du r ing the con t inuance thereof of s tocking such area wi th fish of any k ind whatsoever ( inc luding oysters lobsters crabs p rawns shr imps whelks cockles muscles and any other varieties of crus taceans or molluscs) and of
t a k i n g therefrom a n y | s u c h fish and the i r shells
(2.) Of ves t ing the p roper ty (at L a w or in E q u i t y ) in a n y such fish whi le t h e same are wi th in t he l imits of such area in such g ran t ee and his successors in t i t le a n y ru le of law to t he
cont ra ry no twi ths t and ing (3.) Of ves t ing in such gran tee and successors t he r i gh t t o t he influx and efflux of t h e t ide in to and over t h e aforesaid area by such means of admission as t h e license provides and in case t h e license provides no such means or t he same are doubtful t h e n by c u t t i n g a t r ench or passage t h r o u g h or lay ing one or more pipes u n d e r t he shore Also a r igh t to cons t ruct a sluice so as to pe rmi t t he t ide to ebb and flow in to and from such area
(4.) Of ves t ing in such gran tee and successors a r i g h t to enter upon the shore where t he works for t h e admission of t idal waters are s i tua ted and to repair such works s topping t h e traffic thereover (if necessary) for any period not exceeding seven days in any one year in order to repair or renew t h e same
(5.) Of ab roga t ing any ru le of law so far as i t m i g h t be he ld to confer any publ ic r ight-of-way or of naviga t ion on and over such area or any publ ic r igh t of fishing for or t ak ing fish by ne ts lines or other appliances whatsoever in or upon such area
I n t h e case of a g ran t to a lessee t he reversioner and in t he case of a g r a n t to a t enan t for life or pur autre vie t h e remainder m a n shall
| w i th reference to t h e lessee t e n a n t for life or pur | autre | vie respectively |
be inc luded unde r t he expression " Successor in t i t l e . "
55 . N o t r ench or passage t h r o u g h the shore for t h e purpose of
p e r m i t t i n g t h e t ide to ebb and flow to and from such area shall a t any point exceed a wid th of twelve feet and every such t r ench or passage shall a t t he cost of t he licensee or bis successors in t i t le be bridged by such a subs tan t ia l br idge or means of crossing as t he license shall prescribe or (if none shall be so prescribed) as t h e Commissioners shall de te rmine A n d every such br idge or crossing shall be ma in ta ined in good order and repair by such licensee or successors and shall in every case be furnished wi th substant ia l handra i l s on e i ther side and b e not less t h a n twelve feet wide be tween t h e rails.
56. I n places where a t low tides largo flats are left uncovered by wa te r or where any land subject to overflow by the t ide belongs to the appl icant or where t he land of t h e appl icant abu ts on or is in t h e vicini ty of some t idal creek from which it is proposed to admi t t he water t h e t e rms and conditions of t he license (except t h e sum to be paid for such license) may be modified by the Governor so as to suit
| t h e special c i rcumstances of | t he locality. |
57. The l imi ts of a pr iva te fishery shall in every case he marked b y subs tan t ia l s takes placed a t a dis tance n o t exceeding fifty yards from one ano ther or (where such s t ak ing is n o t reasonably pract icable) in such m a n n e r as t he regula t ions shall prescribe B u t in a n y p ro ceedings t a k e n by t h e owner of such fishery for larceny or any offence or m a t t e r unde r th is A c t i t shall no t be necessary for h i m to prove
t h a t t h e requ i rements of th is section have been duly complied wi th .
P A R T I V .
Legal Procedure—Miscellaneous.
58. A l l offences penal t ies and forei tures u n d e r th i s A c t or any
regu la t ion m a d e t h e r e u n d e r m a y be hea rd de te rmined and recovered and al l proceedings therefor m a y be t aken in a s u m m a r y way by and in t h e n a m e of any Inspec tor or by and in t he n a m e of any person author ized by t h e Commissioners before any two or more Jus t ices in pu r suance of t he provisions of t he Ac t s r egu la t ing s u m m a r y convict ions before Jus t i ces and every defendant shall be a competen t witness in his own case Provided t h a t if a n y person shall be adjudged to pay any s u m by way of penal ty or otherwise t h e adjudicat ing Jus t i ces shall order such s u m to be paid ( together w i th costs to be fixed b y t h e said Jus t ices) e i ther for thwi th or wi th in such period as t h e said Jus t i ces shall appoin t a n d if such s u m and costs (if any) shall n o t be paid a t t h e t ime so appointed t he same shall be levied by distress and sale of t h e offender's goods and chat te l s and for w a n t of sufficient distress or in t h e discretion of such Jus t i ces w i thou t a n y such distress such offender
m a y be imprisoned wi th or w i thou t ha rd labour for any t e r m not exceeding th ree calendar m o n t h s unless such s u m be sooner paid.
59. The a m o u n t of every pena l ty fine or forfeiture recovered
unde r th i s Ac t shall be paid one moie ty to t he informer or prosecutor
and t h e o the r moie ty to t h e Consolidated R e v e n u e F u n d .
60. A n y person aggr ieved b y any convict ion order or adjudi cat ion of Jus t ices u n d e r th i s A c t m a y appeal there f rom to t h e n e x t Cour t of Q u a r t e r Sessions holden in t he district in which the subject m a t t e r of t he appeal arose unless such Sessions shall be held wi th in four teen days from t h e da te of such convict ion order or adjudica t ion and in t h a t case to t he Cour t of Qua r t e r Sessions t h e n n e x t
following
A n d
such Cour t shall have power to hear a n d
de te rmine
t h e m a t t e r in a s u m m a r y way in accordance w i t h t h e Acts in force
r egu l a t i ng appeals from s u m m a r y convict ions A n d the decision of
such Court shall be final a n d conclusive Provided a lways t h a t t h e appel lan t shall have given wr i t t en not ice seven days a t least before t h e hea r ing of t he appeal of his in ten t ion to appeal and s ta t ing t h e g rounds thereof to t h e or one of t he ad judica t ing Jus t i ces and to t he prosecutor a n d provided t h a t such appe l lan t shall also pay in to t he hands of such Jus t i ce t he full a m o u n t of any pena l ty or s u m awarded against h i m toge the r w i th costs wi th in twen ty - fou r hou r s n e x t after such convic t ion order or adjudicat ion and also en te r in to a bond wi th t w o sureties approved by such Jus t i ce condi t ioned to prosecute such appeal w i t h effect a n d to abide t h e event thereof a n d to pay the full a m o u n t of all
costs wh ich m a y be awarded aga ins t h i m . 6 1 . A n y person who shall assaul t resist or obs t ruct or encourage
a n y other person to assault resist or obs t ruc t any inspector assis tant inspector constable officer or other person whomsoever in the execut ion of his d u t y unde r th i s A c t shall incur a pena l ty not exceeding fifty
pounds
pounds nor less t h a n t en pounds or he liable to impr i sonment no t exceed ing six calendar m o n t h s A n d t h e ad jud ica t ing Jus t i ces may in addition to a n y such pena l ty order a sufficient s u m to be paid by t h e offender to cover any damage or in ju ry sustained by the person so assaulted resisted or obstructed which s u m shal l be recoverable in t h e same m a n n e r as a
| pena l ty unde r this | Ac t . |
62. A n y inspector assis tant inspector of fisheries or any officer
| of police or constable m a y wi th or wi thou t w a r r a n t | seize any net |
dredge or o ther implement of fishing which a n y person found offending agains t any of t h e provisions of this Ac t may t h e n be us ing and may also wi th or w i t h o u t wa r r an t apprehend and lodge w i t h t he gaoler or person in charge of any gaol watch-house lock-up or police s ta t ion any person found offending against any of t h e provisions of th i s Ac t who on demand m a d e shal l refuse to give his t r u e n a m e and address b u t any Jus t i ce or subject to t h e conditions prescr ibed by the regula t ions any such gaoler or person in charge m a y l iberate any person so lodged in cus tody on such person enter ing in to a recognizance (with or wi thou t sureties) in t he s u m of t w e n t y pounds condit ioned for his appearance
| before two or more Jus t i ces a t a day and place to be the re in | ment ioned . |
63 . A n y Jus t i ce of t he Peace upon an informat ion on oath t h a t t he r e is probable cause to suspect any breach of t h e provisions of th i s A c t or of any regula t ion the reunder to have been commi t t ed m a y b y w a r r a n t unde r his h a n d and seal author ize and empower any Inspec tor of Cus toms or Police or any officer to enter any dwell ing- house or premises or vessel or boat whatsoever for t he purpose of searching for and seizing any unlawful ne t dredge i m p l e m e n t or engine or any fish or oysters t a k e n in contravent ion of th i s A c t or a n y
| proc lamat ion | or regula t ion | thereunder . |
64. Al l members of t he police force and all persons employed in t he depa r tmen t of t h e Mar ine Board t h e Customs or H a r b o u r s and Rivers if called upon to aid a n d assist a n y inspector or o ther officer in t h e execut ion of any power or au thor i ty vested in h i m by th is A c t are hereby author ized and requi red to aid and assist such inspector or officer in t he lawful exercise of any such power or au thor i ty .
65. W h e n e v e r a person shal l be charged wi th larceny of oysters from any oyster-bed or l ay ing which m a y be cont iguous to another or others it shall be sufficient in al leging and proving the place from which such oysters were stolen to allege and prove t h a t such oysters were stolen from one or o ther of such cont iguous beds or layings and t h a t t he same belonged to and were in t h e lawful possession of one or
| o ther of t h e lessees or owners thereof. |
66. The produc t ion of any of t h e underment ioned documents
wr i t ings or publ icat ions shall be conclusive evidence in all Courts as to t h e several ma t te r s contained the re in and in t h e case of a lease or license t h a t t h e same was duly issued viz.—•
(1.) A lease signed by t h e Governor or a copy thereof bear ing the common seal of t he Commissioners.
(2.) A n y license or a copy thereof bear ing t h e l ike seal.
(3.) A copy of t h e Gazette conta in ing any regula t ion or proclama
t ion purpor t ing to be m a d e u n d e r th i s Act .
67. Al l fish or oysters of which t h e t a k i n g possession exposure for sale cons ignment or purchase for sale is prohibi ted by this A c t may be searched for seized condemned and dealt wi th according to law by any inspector or assistant inspector or by any person holding the wr i t t en au tho r i t y of any J u s t i c e or any search war ran t unde r t he hand and seal of a n y Jus t i ce or authorized by a n y regula t ion under th i s Ac t .
68 . The provisions conta ined in sections one two four five six e ight n ine and twenty-s ix shal l come in to force immedia te ly on the passing of this A c t and all t he r ema in ing sections shall come in to force on the s ix t ie th day after such passing.
69. The Commissioners shall on or before t h e thirty-first day of December in every year repor t to t h e Minis ter charged Avith t h e adminis t ra t ion of th is A c t as to t h e s ta te of t he fisheries in t h e several divisions thereof and such report shall be laid before bo th Houses of Par l i ament The Commissioners shall also furnish to t h e said Minis te r such reports accounts p lans vouchers and documents re la t ing to any ac t or m a t t e r done by t h e m or within the i r control or cognizance as he m a y by wr i t ing under his hand addressed to t h e said Commissioners
requi re T h e Commissioners shall in all ma t t e r s be subject to t h e l ike
control by t h e Governor as any D e p a r t m e n t of t he Pub l i c Service. S C H E D U L E S .
F I R S T S C H E D U L E .
Marine Fishes,
B r e a m — Pe rch .
F lounde r .
Sole.Fla thead . M u l l e t -
"Whiting. Sea [ including t h e variety
Tarwhine . commonly known as h a r d Blackfish.
gu t m u l l e t ] Garfish. F la t - ta i l .
L o n g Tom. Sand.
P ike . Travally.
Fresh-water Fishes.
M u r r a y Cod. Silver Perch or Bream.
Golden Perch or Yellow Belly. Ord inary F re sh -wa te r Perch . S E C O N D S C H E D U L E .
Lawful Weiqhts for Fish.
Description of Fish. Weight in ounces avoirdupois.
' S c h n a p p e r or E e d B r e a m 10 ounces.
B r e a m (Black) . . . 8 „
» (Silver) 4 „
Blackfish 8 „
Eock-cod (Black or B e d ) 8 „ G u r n e t ... 4 „ F l a thead 8 „ M u l l e t -
Sea [ including the var ie ty commonly
Marine known as ha rd g u t mul le t ] 12 „
F la t - ta i l 4 „ Sand 4 „ W h i t i n g . . . 4 „ F l o u n d e r 4 Sole 4 „ P ike 8 „
Travally . . . 8 „
Garfish ... 3 „
Lobs te r (or Crayfish) ... 10 „
, Cod (or M u r r a y C o d ) ... 16 „ Fresh-water
( Pe rch 4 „
T H I R D
T H I R D S C H E D U L E . Date of expiry of Proclamation
Name of River or Place. closing Oyster-beds.
| Bel l inger | E iver . . . | 29 | J u l y 1881 . | ||
| Be rmagu i | Biver | 26 |
|
| Brow | L a t e | 16 | A u g u s t | 1881 . |
| Candlegut Creek | 7 Apr i l 1881 . |
| Congo Creek | 7 Apri l 1881 . |
| Cutagee Creek .. . | 31 M a y 1881 . |
| D u n n ' s | Creek | ( H u n t e r | Biver) | 28 Apri l 1881 . | |
| H u n t e r | Biver | ... | 25 November 1881. | ||
| Jerv is | Bay |
|
| Lake | Macquar ie | 31 M a y 1881. |
| M a n n i n g | Biver | ... | 19 J a n u a r y | 1882. |
| Narnbucra Biver | 26 A u g u s t | 1881. |
| Narrawi l l ie | Creek | 12 J a n u a r y | 1882. |
| N a r r a b e e n | Lagoon | 20 M a y 1881. | |
| P a n b u l a Biver | ... | 26 A u g u s t | 1881. |
| P o r t | Macqua r i e . . . | 4 | F e b r u a r y | 1882. |
| E ichmond | Biver | 26 | A u g u s t | 1881. |
| Salt W a t e r | Creek | (near M a n n i n g | Biver) | 28 September 1881. |
| Smith ' s | Creek | ( H u n t e r | Biver ) | 25 Apr i l 1881. |
| Tilba Tilba Lake | 26 | A u g u s t | 1881. |
| Tomago Biver ... | 26 | A u g u s t | 1881. |
| Towamba Lake ... | 26 A u g u s t | 1881. |
| Tweed Biver | 26 | A u g u s t | 1881. |
| Twofold | B a y | 26 A u g u s t | 1881. |
| W o g o n g a | Biver | 26 | A u g u s t | 1881. |
| P o r t | J ackson including Middle | H a r b o u r | and | L a n e | Cove |
and P a r r a m a t t a Bivers and the i r inlets 29 J u l y 1881.
0
0
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