Fisheries (Amendment) Act 1910 (NSW)

A c t No . 14, 1910.

A n A c t t o a m e n d t h e F i s h e r i e s Ac t , 1902, a n d

t h e N e t F i s h i n g ( P o r t H a c k i n g ) Ac t , 1901 ;

a n d for o t h e r p u r p o s e s i n c i d e n t a l t h e r e t o .

[27th August, 1910.]

Assembly of New South Wales in Parliament assembled, and by the	BE it enacted by the King's Most Excellent Majesty, by and with	the advice and consent of the Legislative Council and Legislative
and the powers, duties, and authorities of such board are vested in the Minister.	(2)

authority of the same, as follows :—

Preliminary.

1 . This Act may be cited as the "Fisheries (Amendment) Act, 1910," and shall he construed with the Fisheries Act, 1902, hereinafter called the Principal Act, and shall commence on a date to be proclaimed.

Administration.

2.     (1) The Board of Fisheries for New South Wales is dissolved,

(2) For the purposes of carrying out the above provision, and for purposes relating thereto, the Principal Act is amended as follows :—

(a) The expression " the Governor may on the recommendation

of the boa rd" is amended by omitting the words " o n the

recommendation of the board."

(b) " The board" and "such board " shall be read " the Minister."

(c) " They," " them," and " their," when those words relate to the board, shall be read respectively " h e , " "h im," and "his ."

(d) The definition of "board " in section three is repealed.

(e)	Sections one and two of section four, and sections, five, six, seven, and eight are repealed.
(f)	Paragraph (a) of section nine is amended by omitting the words " the conduct of business by the board, and."

3 . (1) The Governor may appoint a board of not more than five persons, to be known as the Advisory Board on Fisheries, to advise the Minister on matters relating to sea, coast, and inland fisheries, the more effectual protection and improvement of such fisheries, and the determination of the times and seasons at which the taking of any species of fish may commence and shall cease, and any matters under the Principal Act or any Act amending the same upon which the Minister may desire their advice.

One member of such board shall be a licensed fisherman, one an oyster lessee, who is actually engaged in oyster culture, and one a person acquainted with the inland fisheries of New South Wales.

(2) The term of office of every such member of the board shall be three years, but any such member shall be eligible for reappointment.

(3) The members of such board may be remunerated by fees

to be prescribed by regulations which may be made for that purpose
under the Principal Act.

4 . The Governor may appoint a Chief Inspector of Fisheries, and such paid and honorary inspectors of fisheries, and such other officers as he may think necessary for the purposes of the Principal Act, and any Act amending the same.

Every officer of police of or above the rank of senior-constable shall, ex officio, have the powers and authorities of an inspector of fisheries.

Amendments of Principal Act.

5 . (1) The definition of " o y s t e r " in section three of the

Principal Act is amended by omitting the words " which may be in or

be introduced into any water," and inserting in lieu thereof the words

" a n d includes an oyster without its shell."	(2)
(2)	The said section is amended by inse r t ing t he fol lowing—

" M i n i s t e r "	means Minister of the Crown charged	with the
admin i s t ra t ion	of this	Act .

(3) The definition of " t r o u t " in the said section is repealed

and the following inserted :—

" T r o u t " includes all non- indigenous fish of the family Salmonidae.

6 .     Subsect ion th ree of section four is amended by the addit ion,

after t he words " the cul t ivat ion of fish and oysters ," of t h e	words
" t h e control and	regula t ion of t he sale of fish and oysters, w h e t h e r

produced in New South Wales or impor ted ."

7 .     Section nine of the Pr inc ipa l A c t is amended by inser t ing

t h e following pa rag raph n e x t after pa r ag raph (p) in tha t section :—

(p 1) compel l ing lessees To place and ma in ta in on the i r leased areas, stones, logs, and o ther mater ia l for ca t ch ing s p a t ; and no action shal l lie or in format ion be laid for any in jury , damage , or nuisance caused by a compl iance wi th

regula t ions m a d e under th i s pa rag raph .

8 . (1) Subsect ion one of section eleven is amended by the

addit ion of the following pa rag raph to be read as pa rag raph (d) :—

(d) the taking of any named species of fish by any specified means .

(2) The same section is amended by t h e addit ion of t he

following subsection to be read as subsect ion four:—

(1) If any person in any close fishery, closed aga ins t the t ak ing of any species of t rou t or salmon, or aga ins t the t ak ing of any named species of fish by a n y specified means , du r ing any (dose month takes, or a t t emp t s to take , in cont ravent ion of th is section, such t rou t or sa lmon or specified fish, such person, and every person a id ing or assist ing h im, or be ing in any boat wi th h im du r ing the commission of the offence, shal l be liable to a pena l ty not exceeding fifteen pounds .

9 .     (1) Subsection five of section twen ty - th ree is amended by

t h e addit ion, after t he words " Second Schedule ," of the words " or

by any regu la t ion . "

(2) The same section is amended by the addit ion of t he

following subsection, to be read after subsection f ive:—

(6) If any person removes any eggs or spawn from benea th t h e body of any fish k n o w n as or called the " crayfish," he shal l be l iable to a pena l ty not exceeding ten pounds .

1 0 .      Section e ighteen of the Pr inc ipa l Act is amended by the

omission of the words " and d e p t h . "

1 1 . Section t w e n t y of t h e Pr inc ipa l A c t is amended by the

omission of t h e words " or dep th . "

1 2 . Sections th i r ty - th ree and th i r ty- four of the Pr incipal Act arc

hereby repealed, and the following sections inserted in l ieu the reof :—
33. (1) The Governor may lease Crown lands for oyster
c u l t u r e unde r permit or license with outer boundaries ex t end ing
from an approx ima te h igh-water mark into the wa te r for a d is tance
to be fixed by the Minis ter , and a t yearly renta ls to he de termined
by h im, for every hundred yards of f rontage a long an app rox ima te

h igh-wate r m a r k : Provided tha t such boundar ies shall in no case

extend beyond mid-stream.
(2) The t e r m of such leases shall not exceed fifteen years ; but , on t he appl icat ion of t he lessee du r ing the last year b u t one of t he cur rency of any such lease, t he Governor m a y renew t h e t e r m for a l ike period at t he same ren ta l and wi th such l imita t ions

in o ther respects as he may approve .	Such leases shal l be
t e rmed " leases of	average l ands . "

(3) N o area upon which an aggrega te renta l of less t han five pounds a year is payable shall be so leased to any person who is not already an oyster lessee or the holder of a pe rmi t or of a license unde r this Act .

33A . The Governor may lease for oyster cu l tu re u n d e r

pe rmi t or license any specified area of Crown lands which m a y be de te rmined as of special va lue after such land has been offered by auc t ion or tender. Such leases shall be subject to t he same condit ions as a lease of average lands unde r this Act , provided t h a t they need not necessarily he measured with a frontage; a long t h e app rox ima te h igh-water mark . They shall be t e rmed " l e a s e s

of special l ands . "

33B . The Governor may lease inferior Crown lands unde r license or permi t at rentals to be de te rmined by the Minis ter for a t e r m no t exceeding ten years a t equal annua l renta l , w i t h r i g h t of renewal for a fur ther t e rm of five years. The Minis ter m a y re-value such lands dur ing the n in th , or any later , year of occupation, and de termine the renta l for a fu r ther period of five

from any such lands du r ing the first year of the t e r m of such	years after t he t en th or later year. Oysters shall no t be removed
license or permi t . Such leases shall be k n o w n as " leases of inferior l ands . " The mean length of t he outer boundar ies of all areas under such lease shall be de te rmined by the Minister , and such lease shall no t include a hau l ing ground.
33c. A n y person who proves to t h e satisfaction of t h e Minis ter t h a t he has discovered a na tu r a l oyster-bed shall have a prior r i gh t to a lease unde r e i ther of t he th ree last preceding sections.
34. The Governor may g ran t a renewal of any unexpi red lease issued u n d e r t he Oyster Fisheries Act , 1884, for a fu r the r period of five years from the da te of t h e expiry of such lease, a t
a r en t to be de termined by the Minis ter . 1 3 .

1 3 .     The following section is inserted nex t after section th i r ty -

e ight of t he same A c t : —

38A. (1) The lessee of a leased area, or the owner or occupier

of any land adjoining such area, may apply in t he prescribed m a n n e r to t he Minis ter to de te rmine a way of access to such adjoining land over a pa r t of the foreshore comprised in such area.

The Minister , on serving not ice of any such applicat ion on the owner or occupier or on the lessee, as the case m a y be, may, if he t h inks fit, de t e rmine a way of access as aforesaid, and may in such de te rmina t ion prescr ibe what notice thereof shal l be given ; and may fur ther impose such condit ions on the lessee, and direct h im to do such work for fac i l i ta t ing access by such way, as he th inks reasonable .

(2) The Minis ter m a y also, wi thou t a n y such appl i ­

cat ion, on giving notice to the lessee and t he owner of the adjoining land, m a k e any determinat ion and impose any condit ions and give any direct ions as aforesaid.

(3) On such way be ing so determined, it may b o u s e d as a way of access to the land adjoining such area, and any person who uses t h e foreshore for access as aforesaid o therwise than by t h e said way shall be liable to a penal ty not exceeding ten pounds : Provided t h a t it shal l be a defence to any proceeding for such penal ty if it is proved t h a t notice has not been given by the Minis ter as prescribed or t h a t the conditions imposed en or directions given to the lessee unde r this section have not been complied with.

1 4 .      Section for ty- two of t he Pr inc ipa l Act is amended by

a d d i n g there to t he following subsection :—

(2) If any lessee is convicted of s teal ing oysters from
leased lands the Governor may cancel any lease held by such lessee.

1 5 . Subsection one of section fifty is amended by the addition

of t he following proviso :—

Provided t h a t any person may so sell oysters obtained from any area unde r lease to h i m wi thou t t ak ing out such a license.

1 6 .      Section fifty-three of the Pr incipal Ac t is repealed.

1 7 .     Section s ix ty- two of the said Act is amended by the addit ion

of the following subsection, to be read after subsect ion t w o : —

(3) Provided t h a t where a person uses a lawful ne t in con t raven t ion of any of t he said sections the n e t shall no t be forfeited, bu t the said person shal l be liable for the first offence to a penal ty of not less than five pounds, and for every subsequen t offence to a penal ty of not less than ten pounds. The penal ty in ne i ther case shall exceed fifty pounds .

1 8 . N o t w i t h s t a n d i n g a n y t h i n g in t he P r inc ipa l Act , t he re

shal l he no res t r ic t ion as to t he l eng th or dep th of a n y ne t t h a t may

he used for t h e cap tu re of fish in ocean waters and on sea beaches.

General.

1 9 . The Governor may by proc lamat ion in the Gaze t te

prohibi t t he use of any fishing-net, fixed engine , f ish-trap, or o the r i m p l e m e n t for the purpose of ca t ch ing fish in any waters specified in

such proc lamat ion .

A n y person ac t ing in con t raven t ion of any such proclamat ion

shal l be liable to a pena l ty not exceeding fifteen pounds .

2 0 . A n y inspector or person duly author ised by t h e Minis ter

may, w h e n any fishing-nets, fixed engines, fish-traps or o ther implement s for t h e purpose of ca tch ing fish are be ing used in con t raven t ion of this or t h e Pr inc ipa l Act , and whe the r in cha rge of any person or not , seize t he same, and where the i r disposal is n o t o therwise provided for t hey shal l be forfeited, which forfeiture shal l he in addi t ion to any pena l ty imposed for so us ing t h e m : Provided t h a t no lawful fishing-net shall be forfeited unde r the provisions of

th is section.

2 1 .     W h e n it is necessary for t he purposes of th is A c t or t he

Pr inc ipa l A c t every inspec tor and every person du ly authorised in t h a t behalf by t he Minis te r shall have a r i gh t of en t ry on all lands for t he purposes of inspect ion and for general ly ca r ry ing out t h e dut ies

imposed u p o n h i m u n d e r th is A c t or t he Pr inc ipa l Ac t .

2 2 .     A n y person who, on be ing charged before a jus t ice wi th

hav ing oysters in his possession which m a y reasonably be suspected of be ing stolen or un lawful ly obtained, does not give an account to t he satisfaction of such just ice how h e came by t h e same, shall be liable to a pena l ty no t exceeding ten pounds .

2 3 .     E v e r y person who m a y reasonably be suspected of com­

m i t t i n g a b reach of the provisions of P a r t s I I I or I V of t h e Pr inc ipa l

Act , or of t h e N e t P i sh ing (Por t H a c k i n g ) Ac t , 1901 , shal l on

demand give his t r u e n a m e and address to any inspector or jus t ice .

A n y person refusing or neg lec t ing to comply wi th such demand, or giving a false or fictitious n a m e or address, shall be l iable to a pena l ty not exceeding t en pounds .

A c t