Fisheries and Oyster Farms Act 1935 Regulation relating to nets for taking prawns (1993-53) [GG No 15 of 12.2.1993] (NSW)

1993—No. 53

FISHERIES AND OYSTER FARMS ACT 1935—REGULATION

(Relating to nets for taking prawns)

NEW SOUTH WALES

[Published in Gazette No. 15 of 12 February 1993]

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.

IAN R. CAUSLEY,
Minister for Natural Resources.

The Fisheries and Oyster Farms (Nets and Other Fishing Gear)

Regulation 1989 is amended:

(a) by inserting after item 9 of the Table to clause 24 the following item:

10.        (a) Waters—Inlet cooling water canal to Munmorah Power Station.

(b) Description of net—Total length not exceeding 20 metres nor less than 18 metres: mesh throughout not less than 25 mm nor more than 30 mm.

(b) by inserting after clause 26 (1) (c) the following paragraph:

(d) The net, if used in Borang Lake, is used with a boat having

no engine or powered by an engine having no more than

12 kilowatts of motive power.

(c) by inserting after item 7 of the Table to clause 26 the following item:

8.         (a) Waters—The whole of Borang Lake.

(b) Description of net—Total length not exceeding 80 metres: mesh throughout not less than 30 mm or more than 36 mm; length of each hauling line not exceeding 80 metres.

1993—No. 53

EXPLANATORY NOTE

In section 120 (2) of the Fisheries and Oyster Farms Act 1935, paragraphs (f), (g) and (dd) enable, respectively, regulations to be made for:

• regulating or prohibiting the use of, and the methods of operating, nets or other fishing gear or other devices or means whatever for the taking of fish and regulating or prohibiting the possession or use of any net or fishing gear in any prescribed locality or circumstances

• prohibiting or regulating net fishing and other methods of fishing as well in

regard to modes, places, and times of usage as in alI other respects

• prescribing the dimensions, meshes, and method of use of any nets. and regulating or prohibiting the use of any other implements or engines for the taking of fish.

Clause 24 (1) of the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989 (“the principal Regulation”) makes it lawful to use a set pocket net for taking prawns in the waters specified in the Table to that clause if the net complies with the description set out in that Table in relation to those waters.

The object of the amendment to clause 24 is to ensure that set pocket nets of a certain description may be used in the inlet cooling water canal to Munmorah Power Station.

Clause 26 (1) of the principal Regulation makes it lawful to use a seine net for taking prawns in the waters specified in the Table to that clause if the net complies with the description in relation to those waters set out in the Table and the other conditions laid down by the subclause.

The object of the amendment to clause 26 is to provide that the use of a seine net of a certain description is lawful in Borang Lake if it is used with a boat with no engine or an engine having motive capacity not exceeding 12 kilowatts.