Fisheries and Oyster Farms Act 1935 Regulation relating to restricted fishery permits (1992-660) [GG No 148 of 24.12.1992] (NSW)

1992—No. 660

FISHERIES AND OYSTER FARMS ACT 1935—REGULATION

(Relating to restricted fishery permits)

NEW SOUTH WALES

[Published in Gazette No. 148 of 24 December 1992]

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.

I. R. CAUSLEY,

Minister for Natural Resources.

Commencement

1. This Regulation commences on 1 January 1993.

Amendments

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

amended:

(a) by omitting from the whole Regulation (except a provision being

omitted by this Regulation) the word “Director-General”

wherever occurring and the word “Director-General’s” wherever occuning and by inserting instead the word “Director” and the word “Director’s”, respectively;

(b) by omitting clause 5 (3) and by inserting instead the following subclause:

(3) For the purposes of sections 24A (2), 24A (3C), 25 (2) and

25 (5C) of the Act, the Director is a prescribed officer.

(c) by omitting from clause 17 (1) (b) (ii) the words “to transfer the permit to the applicant” and by inserting instead the words “to surrender the permit”;

1992—No. 660

(d)	by omitting from clause 17 (1) the words “the Director-General shall, subject to clauses 20, 20A and 21” and by inserting instead the words “the Director may, subject to clauses 20 and 21”;
(e)	by omitting from clause 17 (2) (b) the words “transferring it to another person” and by inserting instead the words “surrendering the permit to enable another person to apply for a permit under this clause”;

(f) by omitting from clause 19 (1) the matter “, 20A”;

(g) by omitting clauses 20 and 20A and by inserting instead the following clause:

Permit fee and quota fee

20. (1) The Director is not to issue a permit under clause 17 or renew a permit under clause 19 unless:

(a)	the applicant for the issue or renewal of the permit has paid a fee of $1,375 for the renewal of the permit and a quota fee of $6,625, in respect of each 6 month period or part of that period for which the permit is issued or renewed; or
(b)	the Director has approved the payment of such fees by instalments under clause 20B.

(2) The Director is to reduce the total fees payable under this clause for the issue of a permit under clause 17 by the relevant proportion.

(3) The relevant proportion is the proportion that the period for which a surrendered permit under clause 17 remains in force bears to the period for which it was issued or renewed. If 2 original permits were surrendered, the relevant proportion is the average of those proportions.

(h) by omitting from clause 20B the matter “clauses 20 and 20A” and by inserting instead the matter “clause 20”;

(i)   by inserting after clause 23 the following clause:

Suspension of permit at request of holder

23A. (1) The holder of a permit may request the Director to suspend the permit for a specified period or to shorten or extend any such period of suspension, and the Director may comply with the request.

1992—No. 660

(2) This clause does not affect any other provision of this Regulation providing for the suspension of a permit.

(j) by omitting clause 24 and by inserting instead the following clause:

Permits not transferable

24. A permit is not transferable.

(k)

by omitting clauses 57, 58 and 59 and by inserting instead the Authorised person—scientific permit
59. For the purposes of section 15 (1) of the Act, the Director is an authorised person.

(l)	by omitting from Schedule 1 the words “Department of Agriculture and Fisheries” wherever occurrng and by inserting instead the matter “NSW Fisheries”;
(m)	by omitting from Form 27 in Schedule 1 the matter “P.O. Box

K220, Haymarket 2000, or delivering that amount within the same

period to the Cashier, Level 10, McKell Building, Rawson Place, Haymarket” and by inserting instead the matter “Locked Bag 9, Pyrmont 2009, or delivering that amount within the same period to NSW Fisheries, Fish Markets, Gipps Street, Pyrmont, Sydney”.

EXPLANATORY NOTE

The object of this Regulation is to make the following changes to the provisions of the Fisheries and Oyster Farms (General) Regulation 1989 that deal with restricted fishery permits:

(a)	to make it clear that permits are not transferable and that the issue of a “consolidated” permit on the surrender of an existing permit is at the discretion of the Director of NSW Fisheries and not a form of transfer as of right;
(b)	to allow a reduction in pennit and quota fees at the time of issue of a consolidated permit (on the basis that those fees have already been paid for the balance of the period of the permit that is surrendered);
(c)	to enable a permit holder to request a temporary suspension of his or her permit (because of a period of illness or other unavoidable absence from the industry) so that the permit holder is not disadvantaged in relation to the conditions attached to the permit.

At present, restricted fishery permits apply to the abalone, sea urchin and turban

shell restricted fishery.

1992—No. 660

This Regulation also updates references to the Director-General of the

Department of Agriculture and Fisheries to the Director of NSW Fisheries.

This Regulation is made under the Fisheries and Oyster Farms Act 1935, including section 120 (general regulation making powers) and section 22A (4) (relating to restricted fishery permits).