Fisheries and Oyster Farms (Amendment) Act 1957 (NSW)

FISHERIES AND OYSTER FARMS (AMENDMENT)

ACT.

Act No. 52, 1957.

An Act to make further provisions with respect to the taking of fish in inland waters; to amend the Fisheries and Oyster Farms Act,

1935-1949, in certain respects; and for

purposes connected therewith. [Assented to,

4th December, 1957.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Par l iament assembled, and by the author i ty of the same, as follows :—

(1) This Act may be cited as the " F i s h e r i e s and Oyster F a r m s (Amendment) Act, 1957".

1.

(2) The F isher ies and Oyster F a r m s Act, 1935, as amended by subsequent Acts and by regula t ions made under subsection three of section one hundred and twenty of the said Act, as so amended, and by this Act, m a y be cited as the F isher ies and Oyster F a r m s Act, 1935-1957.

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

(b)

1. The F isher ies and Oyster F a r m s Act, 1935-1949, is

amended—

(a)	by inserting in section three next after the
m a t t e r re la t ing to Division 3 of P a r t I I I the
following new m a t t e r : —

DIVISION 3A.—Licensing of persons to angle in

inland waters—ss. 25A-25O.

(b) by inserting next after section twenty-five the following new Divis ion:—

DIVISION 3A.—Licensing of persons to angle in

inland waters.

25A. This Division shall apply to all persons other than—

(a) holders of permi t s , author i t ies or

licenses issued unde r sections fifteen, seventeen, and twenty-five of this Ac t ;

(b)	aborigines as defined in the Aborigines
Pro tec t ion Act, 1909-1943;
(c)	persons, or persons belonging to a class of persons , exempted by the regula t ions from the opera t ion of th is Division.

25B. (1) E v e r y person to whom this Division applies who takes, catches, cap tures or kills, or a t t empts to take, catch, cap ture or kill, f rom any inland wa te r s any species of fish by means of a line (whether such line is a t tached to a rod or n o t ) , shall hold an inland angl ing license unde r this section.

(2) In land angl ing licenses shall be issued upon the prescr ibed applicat ion by such person and in such manne r as may be prescr ibed, and shall be in or to the effect of the prescr ibed

form. (3) In l and angl ing licenses shall not be

t ransferab le .

(4) The annual fee for every such license

and the m a n n e r of i ts paymen t shall be as

prescr ibed by the regula t ions .

I n the regula t ions provis ion m a y be made for

a reduct ion of the fee in any case in which the person licensed is under the age of sixteen yea r s .

(5)

(5) An inland angl ing license shall, unless sooner suspended or cancelled, be in force for a per iod of twelve months from the date of i ts issue but shall have no force or effect unti l signed by the person to whom it is issued.

(6) An application for an inland angling license may be gran ted or refused and an inland angl ing license may be suspended or cancelled by the Minister in the circumstances prescribed.

(7) Any person to whom this Division applies who takes, catches, cap tures or kills, or a t t empts to take, catch, cap ture or kill, f rom any inland wate r s any species of fish by means of a line (whether such line is a t tached to a rod or not ) wi thout first hav ing obtained an inland angl ing license shall be liable to a pena l ty of not more than twenty pounds for a first offence and to a penal ty of not more than fifty pounds for a second or subsequent offence.

25c. (1) An account shall be kept in the
Special Deposi ts Account in the T reasu ry , to be

called the " I n l a n d Fisher ies F u n d " hereinaf ter

re fer red to as the " F u n d " .

(2) There shall be pa id to the credit of the F u n d all fees received for inland angl ing licenses.

(3) The F u n d shall be used to defray the
costs of adminis t ra t ion of this Division and

invest igat ion, survey, management , development

and protect ion of the inland fisheries, including

in connection therewith—

(a)	the salaries, wages, allowances and t ravel l ing expenses of inspectors and other persons employed for purposes connected with such adminis t ra t ion ,
invest igat ion, survey, management ,
development and pro tec t ion ;
(b)	the cost and maintenance of motor vehicles and other p lant and equipment used by such inspectors and other
p e r s o n s ; (c)

(c)	the expenses of the establishment,
construction, extension, a l te ra t ion and
repa i r and opera t ion of research
laborator ies , exper imenta l s ta t ions or
s imilar projects , hatcher ies , buildings,

dwellings, staff qua r t e r s and similar premises and the purchase of any necessary p lant and equipment ;

(d)	the expenses of any works or operations for the improvement of any s t ream or lake fishery including the purchase , maintenance and operat ion of any plant
and equipment ;
(e)	the cost of stores, chemicals, fertilizers and any other ar t icles or commodities required for the foregoing p u r p o s e s ; and
(f) the payment of subsidies to	t rou t

accl imatisat ion societies reg is te red under section forty-four of this Act to meet costs incurred in ca r ry ing out

the i r objects.

(c) by omit t ing section fifty-one;

(d) (i) by omit t ing p a r a g r a p h (a) of section fifty-

seven ;

(ii) by omit t ing p a r a g r a p h

(f) of the same

section;

(e)	by inserting at the end of subsection two of section one hundred and twenty the following
new p a r a g r a p h : —

(eee) regu la t ing the number of any species of fish any holder of an inland angl ing license m a y take, catch, cap ture or kill in any one day and the number of any species of fish any such holder m a y have in his possession in any one day.

L A N D L O R D