Fisheries and Oyster Farms Act 1935 Regulation relating to fees payable for restricted fishery permits and to certain other matters (1990-554) [GG No 104 of 17.8.1990] (NSW)

1990 - NO. 554

FISHERIES AND OYSTER FARMS ACT 1935 - REGULATION

(Relating to fees payable for restricted fishery

permits and to certain other matters)

NEW SOUTH WALES

[Published in Gazette No. 104 of 17 August 1990]

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

GARRY WEST

Acting Minister for Agriculture and Rural Affairs.

Commencement

1. This Regulation commences on 17 August 1990.

Amendments

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

amended:

by omitting from clause 17 (1) (b) (iii) the matter "$250" and by
inserting instead the matter "$300";
by inserting in clause 17 (1) after the matter "20" the matter
", 20A";
by inserting in clause 19 (1) after the matter "20" the matter
", 20A";

by omitting from clause 20 the matter "$2,000" and by inserting

instead the matter "$2,500";

1990 - NO. 554

by inserting after clause 20 the following clause:

Quota fee

20A. The Director-General must not issue a permit to a person under clause 17 or renew a permit under clause 19 unless the applicant for the issue or renewal of the permit has paid a quota fee of $2,770 in addition to the fee specified in clause 20.

by inserting after clause 22 the following clause:

Amendment of permit condition (transfer of quota)

22A. (1) If, as a condition of a permit, a maximum quantity per annum (in this clause called a "quota") is imposed with respect to the taking of any species or class of fish specified in the condition, the quota so imposed is, to such extent as may be advised from time to time by the Director-General, transferable in accordance with this clause.

(2) An application for such a transfer may be made in writing to the Director-General jointly by the holder of a permit specifying such a quota and the holder of another permit who intends to purchase any transferable portion of the quota.

(3) Such an application is to be accompanied by a fee of $40.
(4) The Director-General, at the Director-General's

discretion, may transfer the relevant portion of the quota (by amendment of the conditions attached to each permit) or may refuse to transfer any such portion.

by omitting clause 55 (d);

by omitting from clause 55 (e) the word "consigning" and by
inserting instead the words "taking and consignment";
by omitting Forms 22 and 23 and by inserting instead the
following Form:

1990 - No. 554

1990 - NO. 554

EXPLANATORY NOTE

The object of this Regulation is to amend the Fisheries and Oyster Farms

(General) Regulation 1989 so as:

(a)	to increase the fees payable for the issue and renewal of restricted fishery permits and to provide for the payment by permit holders of a quota fee;
(b)	to allow the Director-General of the Department of Agriculture and Fisheries to transfer a portion of a quota on joint application by the holder of the permit to which the quota attaches and the purchaser of that portion of the quota; and
(c)	to consolidate into one daily catch register the current prescribed forms of return relating to the taking of abalone, sea urchin or turban shell for sale and the consignment of those fish.