Fisheries and Oyster Farms Act 1935 Regulation relating to penalties (1990-685) [GG No 129 of 19.10.1990] (NSW)

1990 - No. 685

FISHERIES AND OYSTER FARMS ACT 1935 - REGULATION

(Relating to penalties) NEW SOUTH WALES

[Published in Gazette No. 129 of 19 October 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.

IAN ARMSTRONG

Minister for Agriculture and Rural Affairs.

Commencement

1. This Regulation commences on 1 November 1990.

Amendment of Fisheries and Oyster Farms (Oyster and Fish
Farming) Regulation 1987

2. The Fisheries and Oyster Farms (Oyster and Fish Farming) Regulation 1987 is amended:

(a)	by omitting from clauses 7, 26 and 28-31 the matter "$200" wherever occurring and by inserting instead the matter "10 penalty units";
(b)	by omitting from clause 32 the matter "$1,000" and by inserting instead the matter "25 penalty units";
(c)	by omitting from clauses 34, 37 and 40-43 the matter "$1,000" wherever occurring and by inserting instead the matter "50 penalty units".

1990 - No. 685

Amendment of Fisheries and Oyster Farms (General) Regulation

1989

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

amended

by omitting from clauses 13, 25, 34-38, 45, 50, 52, 53 and 61 the matter "$1,000" wherever occurring and by inserting instead the matter "50 penalty units";
by omitting from clauses 44 and 51 the matter "$2,000" wherever occurring and by inserting instead the matter "50 penalty units";

by omitting from clause 46 the matter "$1,000" and by inserting

instead the matter "25 penalty units".

Amendment of Fisheries and Oyster Farms (Nets and Other Fishing

Gear) Regulation 1989

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

Regulation 1989 is amended:

(a)	by omitting from clauses 5-8, 10, 14, 15, 15A, 51, 52, 59, 60, 62, 63, 67-69, 71, 72 and 74 the matter "$1,000" wherever occurring and by inserting instead the matter "50 penalty units";
(b)	by omitting from clauses 61, 64-66, 70 and 73 the matter "$1,000" wherever occurring and by inserting instead the matter "25 penalty units".

Amendment of Fish Marketing Regulation 1980

5. The Fish Marketing Regulation 1980 is amended:

(a)	by omitting from clauses 7, 15, 16, 19A and 20 the matter "$100" wherever occurring and by inserting instead the matter "50 penalty units";
(b)	by omitting from clause 8 the matter "$100" and by inserting instead the matter "10 penalty units";
(c)	by omitting from clauses 9 and 12 the matter ''$200'' wherever occurring and by inserting instead the matter "50 penalty units";
(d)	by omitting from clauses 10, 13, 21-24 and 37 the matter "$200" wherever occurring and by inserting instead the matter "25 penalty units";
(e)	by omitting from clauses 11 and 19 the matter "$50" wherever occurring and by inserting instead the matter "10 penalty units";

1990 - NO. 685

(f) by omitting from clauses 12B, 14, 18 and 34-36 the matter "$500" wherever occurring and by inserting instead the matter

"50 penalty units";

(g) by omitting from clause 17 the matter "$100" and by inserting instead the matter "25 penalty units".

Amendment of regulations made under the Fisheries and Oyster
Farms Act 1935 relating to aquatic reserves

6. (1) The Fisheries and Oyster Farms (Bushranger's Bay Aquatic Reserve) Regulation 1982 is amended by omitting from clause 4 the matter "$500" and by inserting instead the matter "50 penalty units".

(2) The Fisheries and Oyster Farms (Shiprock Aquatic Reserve) Regulation 1982 is amended by omitting from clause 4 the matter "$500" and by inserting instead the matter "50 penalty units".

(3) The Fisheries and Oyster Farms (North Harbour Aquatic Reserve) Regulation 1982 is amended by omitting from clause 4 the matter "$500" and by inserting instead the matter "50 penalty units".

(4) The Fisheries and Oyster Farms (Long Reef Aquatic Reserve) Regulation 1980 is amended by omitting from clause 4 the matter "$500" and by inserting instead the matter "50 penalty units".

(5) The Fisheries and Oyster Farms (Fly Point-Halifax Park Aquatic Reserve) Regulation 1982 is amended by omitting from clause 4 the matter "$500" and by inserting instead the matter "50 penalty units".

(6) The Fisheries and Oyster Farms (Julian Rocks Aquatic Reserve) Regulation 1982 is amended by omitting from clause 4 the matter "$500" and by inserting instead the matter "50 penalty units".

(7) The Fisheries and Oyster Farms (Towra Point Aquatic Reserve) Regulation 1987 is amended by omitting from clause 3 the matter "$1,000" and by inserting instead the matter "50 penalty units".

EXPLANATORY NOTE

Penalties for offences under the Fisheries and Oyster Farms Act 1935, and the maximum penalty which the regulations under that Act can impose, were increased by the Fisheries and Oyster Farms (Penalties and Enforcement) Amendment Act 1989 which commenced on 1 October 1989. That amending Act expressed the amount of penalties in terms of penalty units. The expression "penalty unit" has its basis in section 56 of the Interpretation Act 1987 and at present 1 penalty unit is equivalent to $100.

1990 - NO. 685

The object of this Regulation is to amend various regulations under the Fisheries and Oyster Farms Act 1935 to increase the maximum penalty for offences under those regulations. The Act provides that a regulation may impose a penalty not exceeding 100 penalty units in the case of a corporation or 50 penalty units in other cases (i.e. individuals). Under the Regulation 3 different levels of maximum penalties are prescribed having regard to the seriousness of the matter concerned, namely, 10 penalty units, 25 penalty units and 50 penalty units.