Fisheries Act Amendment Act 1883 No 17a (NSW)

Governor under section nine of the said Act.

No. XXV.

An Act to amend the "Fisheries Act 1881."

[2nd May, 1888.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legisla­	tive Assembly of New South Wales in Parliament assembled and by
the authority of the same as follows :—

1. Notwithstanding anything contained in the Principal Act

nets may be used of such dimensions in such tidal waters and during
such times as may be prescribed by regulations to he made by the

2. Notwithstanding anything contained in the Principal Act the Justices shall not order any unlawful nets used by or found in the possession of any person convicted under the eleventh twelfth or

thirteenth sections of the Principal Act to be forfeited to Her Majesty

unless such person has been previously convicted of using an unlawful
net within the meaning of any of the said cited sections,

i 3. So much of clause two of the Principal Act as defines a

natural oyster-bed is hereby repealed and from and after the passing
of this Act the following shall be deemed to be a natural oyster-bed
viz.—Any bank shore bed or place of deposit in any tidal waters
containing oysters which have not been laid down by artificial means Provided always that nothing in this section contained shall render any person who takes oysters from the shore above low-water-mark
for his own consumption and not for the purpose of sale liable to the

penalty provided by section thirty-nine of the Principal Act Provided also that the existence of any natural oyster-bed lying above low- water-mark which may be included within any area applied for to be leased under section twenty-eight of the Principal Act shall not prevent the inclusion of such oyster-bed within the lease if the Commissioners recommend its inclusion in the lease.
4. Notwithstanding anything in the Principal or this Act contained leases of shores of tidal waters for tlie purposes of and at a rental not less than that prescribed by the thirty-second section
of the Principal Act and including any such proportion of deep
water frontage to the foreshore as the Governor may think proper to lease may be made by the Governor (pimided that no single least; comprises more than two thousand lineal yards of shore) for any term not exceeding fifteen years renewable from time to time on the applica­ tion of the lessee during the twelfth year of the term for a like term not exceeding fifteen years from the expiration of the preceding term and upon such further conditions and provisions (including the reserva­ tion of an increased rent during the whole or any part of the new term) as the Governor may think proper And such conditions and provisions may be declared either by regulations or in the leases or in both Where the land abutting on any foreshore is Crown land not under lease promise of lease or lawful occupation any person though not an owner lessee or occupant within the meaning of the said thirty- second section may be a lessee for the purposes of this section Any lease under the Principal or this Act may describe the area leased by reference to posts stakes buoys or marks on the ground and showing the limits of the said area.

5. In this Act which may be cited as the " Fisheries Act Amendment Act 1883" the expression " Principal A c t " means the

" Fisheries Act of 1881" (44 Vic. No. 20).