Fisheries Act of 1865 No 10a (NSW)

Case
No judgment structure available for this case.

No. X.

An Act to protect the Fisheries of New South

Wales. [1st June, 1865.]
WH E R E A S it is necessary to preserve and secure t he product ion of fish in t he waters of t h e Colony of N e w South W a l e s and
to p reven t fishing wi th ne ts of a cer ta in size in t h e said waters Be

i t therefore enacted by t h e Queen ' s Most Excel len t Majesty by a n d with t he advice and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by t h e au thor i ty of t h e same as follows :—

1. Tha t for t he purposes of th i s Ac t t he year shall be divided in to win te r a n d s u m m e r m o n t h s whereof t h e win te r m o n t h s shall comprise t h e period ex tend ing from a n d inclusive of t h e first day of Apr i l to and inclusive of t h e thirty-first day of A u g u s t and t h e sum­ m e r m o n t h s shall comprise t he period from a n d inclusive of t he first day of September to a n d inclusive of t he thirty-first day of M a r c h in every year.

c 2.
2. I t shall no t be lawful for a n y person du r ing the said winter

m o n t h s in any year to use in any bay es tuary or o ther influxion of t h e sea or in any r iver in N e w South W a l e s for t h e purpose of ca t ch ing any

fish the re in any n e t or ne t s t h e b u n t of which shall exceed t h i r t y
fathoms in l eng th and t h e meshes in t h e b u n t of which shall be w h e n wet
less t h a n one inch a n d a qua r t e r or whereof each w ing shal l exceed
t h i r t y fa thoms in l eng th a n d t h e meshes of which respectively shal l
be less w h e n wet t h a n two inches a n d t h e meshes of t he r e m a i n d e r
whereof shal l be less w h e n wet t h a n two inches no r du r ing the said
s u m m e r m o n t h s in a n y year to use for t h e purpose aforesaid any n e t

or ne t s t h e meshes in t h e b u n t of which shall be less w h e n we t t h a n two inches and whereof t h e meshes in t h e r ema inde r shall be less w h e n we t t h a n two inches and a half a n d i t shall no t be lawful for

any person a t any t i m e to fix or s take any ne t w i th in one mi le of t h e
shore or a t t h e m o u t h of any r iver and any person commi t t i ng any of
such offences shal l on conviction in a s u m m a r y m a n n e r before any
J u s t i c e of t h e Peace forfeit and pay a pena l ty n o t exceeding five
p o u n d s and such J u s t i c e m a y order every such n e t or any por t ion
thereof to be destroyed.

3 . A n y Officer of Cus toms or Police Officer m a y in t h e day­ t i m e examine any n e t w h e n in use or in any boat ready for use in t h e said Colony and seize a n d t a k e away any ne t which shall no t be in accordance wi th t h e foregoing section of th i s A c t a n d t h e person us ing or abou t to use such ne t shall u p o n convict ion before any one or more Jus t i ces of t h e Peace forfeit and pay a pena l ty of no t more t h a n five pounds and such Jus t i ce is hereby empowered to order such n e t t o be forfeited and destroyed.

4. I f any person shall p u t any l ime or o ther noxious ma te r i a l
i n any of such wate r s w i t h i n t en t the reby to destroy in toxicate or
ca tch any of t h e fish the re in he shal l forfeit and pay such s u m n o t
exceeding twen ty pounds as t he convic t ing J u s t i c e shall t h i n k fit.
5. A n y person found commi t t ing any offence against th i s A c t
m a y be apprehended by any Police Officer finding such offender a n d
t a k e n before any J u s t i c e of t h e Peace who m a y hear and de te rmine
t h e same in a s u m m a r y way.
6. N o t h i n g in th i s A c t contained shall p revent t h e use of a n e t

used solely for p r a w n fishing provided the same shall no t exceed e ight

fa thoms in l eng th .

7. This Act shal l be s tyled and m a y be ci ted as t h e " Fisher ies

A c t of 1 8 6 5 . " ANNO
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0