Fisheries Act 1935 Regulation relating to the repeal and amendment of certain fisheries regulations (1995-10) [GG No 3 of 13.1.1995] (NSW)

1995—No. 10

FISHERIES ACT 1935—REGULATION

(Relating to the repeal and amendment of certain fisheries regulations)

NEW SOUTH WALES

[Published in Gazette No. 3 of 13 January 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Fisheries Act 1935 (formerly the Fisheries and Oyster Farms Act 1935), has been pleased to make the Regulation set forth hereunder.

I. R. CAUSLEY,

Minister for Agriculture and Fisheries.

Commencement

1. This Regulation commences on the commencement of the Fisheries

Management Act 1994.

Repeal of fisheries regulations

2. The following regulations are repealed:

the Fisheries and Oyster Farms (Bushranger’s Bay Aquatic
Reserve) Regulation 1982;
the Fisheries and Oyster Farms (Fly Point-Halifax Park Aquatic
Reserve) Regulation 1982;
the Fisheries and Oyster Farms (Julian Rocks Aquatic Reserve)
Regulation 1982;
the Fisheries and Oyster Farms (Long Reef Aquatic Reserve)
Regulation 1980;
the Fisheries and Oyster Farms (Nets and Other Fishing Gear)
Regulation 1989;

the Fisheries and Oyster Farms (Oyster and Fish Farming)

Regulation 1987;

the Fisheries and Oyster Farms (North Harbour Aquatic Reserve)

Regulation 1982;

1995—No. 10

(h) the Fisheries and Oyster Farms (Shiprock Aquatic Reserve) Regulation 1982;

(i) the Fisheries and Oyster Farms (Solitary Islands Marine Reserve) Regulation 1991;

(j)	the Fisheries and Oyster Farms (Towra Point Aquatic Reserve) Regulation 1992;
(k)	the New South Wales Commercial Fishing Advisory Council Regulation 1990.

Amendment of Fisheries and Oyster Farms (General) Regulation

1989

3. The Fisheries and Oyster Farms (General) Regulation 1989 is

amended:

(a) by omitting from the definition of “the Act” in clause 3 (1) the words “Fisheries and Oyster Farms Act 1935” and by inserting instead the words “Fisheries Act 1935 (formerly the Fisheries and Oyster Farms Act 1935)”;

(b) by omitting clause 3 (2) (b);

(c) by omitting Parts 2, 3, 3A, 3B, 5, 6, 8, 9, 10 and 11;

(d) by omitting clauses 25, 26, 36–39 and 42–47;

(e) by omitting from clause 40 the words “a permit under section 90C of the Act” and by inserting instead the words “an aquaculture permit under the Fisheries Management Act 1994”;

(f) by omitting the Forms in Schedule 1, except Forms 9, 10 and 11.

EXPLANATORY NOTE

The objects of this Regulation are:

(a)	to repeal certain regulations made under the Fisheries Act 1935 (formerly the Fisheries and Oyster Farms Act 1935) that have been replaced by new regulations under the Fisheries Management Act 1994; and
(b)	to substantially repeal the Fisheries and Oyster Farms (General) Regulation 1989 (which has largely been replaced by the Fisheries Management (General) Regulation 1995), except for certain provisions dealing with acclimatisation societies and the marketing of fish; and
(c)	to make minor amendments to the remaining provisions of the Fisheries and Oyster Farms (General) Regulation that are consequential to the commencement of the Fisheries Management Act 1994.

This Regulation is made under section 120 of the Fisheries Act 1935 (formerly the

Fisheries and Oyster Farms Act 1935).