Fisheries and Oyster Farms Act 1935 Regulation relating to the Jervis Bay scallops restricted fishery (1994-288) [GG No 88 of 1.7.1994] (NSW)

1994—No. 288

FISHERIES AND OYSTER FARMS ACT 1935-REGULATION

(Relating to the Jervis Bay scallops restricted fishery)

NEW SOUTH WALES

[Published in Gazette No. 88 of 1 July 1994]

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, M.P.,

Minister for Agriculture and Fisheries.

Commencement

1. This Regulation commences on 1 July 1994.

Amendments

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

amended:

(a) by inserting after Part 3A the following Part:

PART 3B—RESTRICTED FISHERY—SCALLOPS IN

JERVIS BAY

Definitions

24N. In this Part:

“permit” means a restricted fishery permit issued in respect of

scallops in Jervis Bay for the purposes of section 22A of the

Act;

“restricted fishery” means a restricted fishery specified in an

order under section 22A (1) of the Act;

“scallop” means scallop (Pectin fumatus).

1994—No. 288

Application of Part

24O. This Part has effect during any period that scallops in

Jervis Bay are a restricted fishery.
Ballot for issue of permits

24P. (1) The Director may, by public notice, invite applications to participate in a ballot to be conducted for the issue of any number of permits which, having regard to the maximum number of permits that may be in force at any time pursuant to an order under section 22A (3) (a) of the Act, are available for issue.
(2) A ballot conducted under subclause (1) is subject to such conditions as may be determined by the Director.
(3) If the number of applications received by the Director does not exceed the number of permits available for issue, the Director may, subject to clause 24R, issue permits to the applicants.

(4) If the number of applications received by the Director exceeds the number of permits available for issue, the Director is to conduct a ballot, in such manner as the Director considers appropriate, to determine the order of allocation of permits available for issue. All names entered in the ballot are to be drawn and the order of their drawing recorded.

(5) The Director may, subject to clause 24R, issue permits to
the applicants in the order in which their names were drawn in the
ballot until the number of permits available for issue is exhausted.
(6) Any invitation to participate in the ballot issued in

accordance with subclause (1) before the commencement of this

Part is taken to satisfy the requirements of that subclause.

Permit may be subject to conditions

24Q. A permit may be issued subject to conditions.

Permit fee

24R. (1) The Director is not to issue a permit under clause 24P

unless:

(a)	the applicant has paid a fee for the issue of the permit of $5,000 or such lesser amount as the Minister determines and the Director notifies in writing to all applicants to whom permits are to be issued; or
(b)	the Director has approved the payment of that fee by instalments under clause 24S and the applicant has paid the first instalment specified by the Director.

1994—No. 288

(2) If the fee, or first instalment, for the issue of a permit is not paid by a successful applicant in accordance with this clause, the permit remains available for issue in accordance with clause 24P. Director may approve payment of fees by instalments

24S. (1) The Director may approve payment of the fee referred to in clause 24R by instalments payable at such times as the Director determines.
(2) The Director may cancel a permit if an instalment is not paid on or before the date specified by the Director for the payment of the instalment.

(3) If a permit is cancelled under subclause (2). the permit

remains available for issue in accordance with clause 24P.
Duration of permit

24T. A permit remains in force for the period specified in the permit, except to the extent that its duration is affected by suspension, or unless it is cancelled.

Cancellation and suspension of permits

24U. (1) A permit held by a person is suspended during any period in which the fisherman’s licence held by the person is suspended.
(2) If the fisherman’s licence held by the person is cancelled, any permit held by the person is taken to have also been cancelled.

(3) The Director may suspend or cancel a permit if the permit holder has, in the opinion of the Director, breached a condition to which the permit is subject.
Permits not transferable

24V. A permit is not transferable.

relating to Sea Urchin the following matter:

by inserting in Part 2 of the Table to clause 34 before the matter

Scallops Pectin fumatus 50

EXPLANATORY NOTE

Section 22A (1) of the Fisheries and Oyster Farms Act 1935 allows the Minister, by order, to declare a specified class of fish to be a restricted fishery. The effect of such an order is that a person must be a licensed fisher and hold a permit in relation to the restricted fishery in order to be able to take fish of the class, the subject of the order, for the purpose of sale. Scallops in Jervis Bay are to be declared a restricted fishery under this provision.

1994—No. 288

The order will not affect the entitlement of fishers whose licences do not restrict the taking of scallops outside Jervis Bay from continuing to take scallops in other New South Wales waters.

Section 22A (3) (a) of the Fisheries and Oyster Farms Act 1935 also enables the Minister, by order, to specify the maximum number of restricted fishery permits that may be in force at any time in relation to a restricted fishery specified in the order. The maximum number of restricted fishery permits for scallops in Jervis Bay is to be specified as 6.

The principal object of this Regulation is to amend the Fisheries and Oyster Farms (General) Regulation 1989:

(a)	to provide for the issue of the available restricted fishery permits in respect of scallops in Jervis Bay by the Director of NSW Fisheries following a ballot to be conducted by the Director if the number of applications received for the permits exceeds the number of permits available; and
(b)	to make provision as to the permit fee and ancillary matters, including the duration, suspension and cancellation of restricted fishery permits, in respect of scallops in Jervis Bay.

This Regulation also limits to 50 the number of scallops that a recreational fisher may take in any one day.

This Regulation is made under the Fisheries and Oyster Farms Act 1935, including section 22A (4) (relating to restricted fishery permits), 120 (1) (general regulation making power), 120 (2) (d) (permit fees). 120 (2) (rr) (regulation of fisheries) and 120 (2) (eee) (bag limits).