Fisheries and Oyster Farms Act 1935 Regulation relating to the use of nets and other fishing gear (1990-539) [GG No 97 of 3.8.1990] (NSW)

1990 - NO. 539

FISHERIES AND OYSTER FARMS ACT 1935 - REGULATION

(Relating to the use of nets and other fishing gear)

NEW SOUTH WALES

[Published in Gazette No. 97 of 3 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.

IAN ARMSTRONG

Minister for Agriculture and Rural Affairs.

The Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989 is amended by inserting after clause 3 the following clause:

Nets etc. not to be used in circumstances where fishing is prohibited

3A. (1) A provision of this Regulation that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect the force or operation of any prohibition or conditions imposed by or under the Act with respect to the taking of fish.

(2) In particular, nothing in this Regulation is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 18 of the Act.

1990 - NO. 539

EXPLANATORY NOTE

Under section 18 (1) of the Fisheries and Oyster Farms Act 1935 the Minister may, by notification published in the Gazette, absolutely or conditionally prohibit the taking of fish (or a specified class of fish) from any (or specified) waters.

The object of this Regulation is to amend the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989 to make it clear that the provisions of the Regulation which specify the circumstances in which nets and other fishing gear may lawfully be used to take fish do not over-ride such a prohibition, or any other prohibition, for the time being in force under the Act.