Fisheries and Oyster Farms (Amendment) Act 1979 (NSW)
FISHERIES A N D O Y S T E R F A R M S ( A M E N D M E N T )
A C T , 1979 , N o . 112 ANNO VICESIMO OCTAVO
ELIZABETHE II REGINE
Act N o . 1 1 2 , 1 9 7 9 .
An Act to amend the Fisheries and Oyster Farms Act, 1935, to make further provisions with respect to fisheries and fishing and to oyster farms and fish farms. [Assented to, 18th May, 1979.]
See also Co-operation (Fisheries and Oyster Farms) Amendment Act, 1979; Statutory and Other Of f i ces Remuneration (Fish Marketing Authority) Amendment Act, 1979.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
| 1. (Amendment) Act, 1979". | This Act may be cited as the "Fisheries and Oyster Farms |
| 2. this Act shall commence on the date of assent to this Act. | (1 ) | Except as provided in subsections ( 2 ) , (3 ) and ( 4 ) , |
(2 ) Section 5 shall, in its application to a provision of Schedules 1-12, commence on the day on which the provision commences.
(3) The provisions of this Act specified in any of the fol lowing paragraphs shall commence on such day as may be appointed by the Governor in respect of the provisions specified in that paragraph and as may be notified by proclamation published in the Gazette :—
(a) Schedules 2 (2 ) and 10 (1) ( r ) .
(b) Schedules 1 (3 ) ( m ) , 1 (3 ) ( s ) , 1 (3 ) ( y ) , 2 (7 ) ( a ) ,
2 (7 ) ( e ) , 4 ( 2 2 ) , 9 ( 2 2 ) , 10 (1) (1), 10 (1) ( m ) , 10 (1) (gg) and 11 ( 2 ) .
(c) Schedules 1 (2 ) ( n ) , 4 (1 ) and 6 ( 8 ) . (d) Schedule 4 (11) ( b ) , (12) (b) and ( 1 3 ) . (e) Schedule 4 ( 1 4 ) . (f) Schedule 4 ( 1 6 ) . (g)
Schedules 1 (2 ) ( i ) , 4 ( 1 9 ) , 4 ( 2 0 ) , 4 ( 2 1 ) , 10 (1) (u) and 10 (1) ( w ) .
(h )
Schedules 1 (2) ( j ) , 4 ( 3 0 ) , 4 (31) and 4 ( 3 2 ) . (i) Schedule 4 ( 3 3 ) .
(j)
Schedules 1 (2) ( k ) , 1 (3 ) ( h ) , 1 (3 ) ( w ) , 4 ( 3 6 ) , 4
(37) and 10 (1) ( f f ) . (k) Schedule 5 (1) and ( 2 ) . (1)
Schedules 1 (2) ( m ) , 1 (2 ) ( o ) , 1 (3 ) ( e ) , 1 (3)
( k ) , 2 ( 6 ) , 4 (15) ( a ) , 4 (15) ( b ) , 6 ( 7 ) , 6 ( 1 0 ) , 6
( 1 1 ) , 6 ( 1 3 ) , 6 (14) ( c ) , 7 a n d 8 ( 1 ) . (m)
Schedules 9 ( 4 ) , 9 ( 5 ) , 9 ( 6 ) , 9 ( 7 ) , 9 ( 9 ) , 9 ( 1 0 ) ,
9 ( 1 1 ) , 9 (16) and 10 (1) ( d ) . (n) Schedule 9 ( 1 8 ) .
(4 ) Schedules 1 (2 ) (p) and 8 (2 ) shall commence on the
day that is 6 months after the date of assent to this Act.
(5) Notwithstanding subsection ( 3 ) , for the purposes only
of the appointment of a person as a member of the Fish Marketing Authority, as reconstituted under Schedule 5 ( 1 ) , and of any matters necessary for or incidental to that appointment (including the making of regulations under section 4 1 A (3 ) of the Principal Act, as proposed to be inserted by Schedule 5 (1 ) ( a ) ) , Schedule 5 (1 ) shall commence on the date of assent to this Act.
3. The Fisheries and Oyster Farms Act, 1935, is referred to
in this Act as the Principal Act. 4. This Act contains the following Schedules :—
SCHEDULE 1 .—AMENDMENTS TO PART I OF THE
PRINCIPAL A C T .
SCHEDULE 2 . — A M E N D M E N T S TO PART I I OF THE
PRINCIPAL A C T .
SCHEDULE 3.—INSERTION OF PART IIA INTO THE
PRINCIPAL A C T .
SCHEDULE 4 . — A M E N D M E N T S TO PART I I I (DIVISION 6A EXCEPTED) OF THE PRINCIPAL A C T .
SCHEDULE 5 . — A M E N D M E N T S TO DIVISION 6A OF PART III OF THE PRINCIPAL A C T .
SCHEDULE 6 . — A M E N D M E N T S TO PART I V OF THE PRINCIPAL A C T .
SCHEDULE 7 . — A M E N D M E N T S TO PART V OF THE
PRINCIPAL A C T .
SCHEDULE 8 .—INSERTION OF PARTS V A AND V B INTO
THE PRINCIPAL A C T .
SCHEDULE 9 . — A M E N D M E N T S TO PART V I OF THE
PRINCIPAL A C T .
SCHEDULE 1 0 . — A M E N D M E N T S TO PART V I I OF THE
PRINCIPAL A C T .
SCHEDULE 1 1 . — A M E N D M E N T S TO THE SCHEDULES TO THE PRINCIPAL A C T .
SCHEDULE 1 2 . — A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO PENALTIES FOR OFFENCES.
SCHEDULE 13 .—SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS.
5. The Principal Act is amended in the manner set forth in
Schedules 1 - 1 2 .
6 . Schedule 1 3 has effect. SCHEDULE 1.
AMENDMENTS TO PART I OF THE PRINCIPAL A C T .
(1 ) Section 2 ( 5 ) —
Omit "Act of 1897", insert instead "Act, 1897".
(2 ) ( a ) Section 3 — From the matter relating to Part I I , omit "17", insert instead "17B".
(b ) Section 3 —
After the matter relating to Part I I , insert : —
P A R T I I A . — A M A T E U R FISHERMEN'S ADVISORY
COUNCIL—ss . 17C-17E.
(c) Section 3 —
From the matter relating to Division 1 of Part I I I , omit "—20" , insert instead ", 19".
(d ) Section 3 —
After the matter relating to Division 1 of Part I I I , insert :—
DIVISION 1A.—Importation of live fish—ss. 20, 20A.
DIVISION 1 B.—Noxious fish—ss. 20B -20G.
(e) Section 3 —
From the matter relating to Division 2 of Part I I I , omit "ss. 2 1 , 22", insert instead "s. 2 1 " .
(f) Section 3 —
After the matter relating to Division 2 of Part I I I ,
insert : — DIVISION 2A.—Restricted fisheries—s. 22A.
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(g) Section 3 —
From the matter relating to Division 3 of Part III, omit " 2 3 " , insert instead "22B".
(h) Section 3 —
After the matter relating to Division 3A of Part III,
inse r t :—
DIVISION 3B.—Tidal Angling Fund—s. 25D.
DIVISION 3C.—Commercial Fisheries Exploration
and Development Fund—s. 25E.
(i) Section 3 —
From the matter relating to Division 4 of Part III, omit "—ss. 26 -32" , insert instead "and other fishing gear—ss. 26-32A".
(j) Section 3 —
From the matter relating to Division 6 of Part III, omit "35" , insert instead "36".
(k) Section 3 — From the matter relating to Division 6 of Part III.
omit " 4 1 " , insert instead "40".
(1) Section 3 —
Omit the matter relating to Division 3 of Part IV.
(m) Section 3 —
Omit the matter relating to Division 3A of Part IV.
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(n) Section 3 —
Omit the matter relating to Divisions 4 and 5 of Part
IV.
(o) Section 3 —
Omit the matter relating to Part V , insert instead : —
PART V . — O Y S T E R FARMING—SS. 58-90 . P A R T V A . — F I S H FARMING—SS . 90A -90D.
(p ) Section 3 — Before the matter relating to Part V I , insert :—
PART VB.—DREDGING AND RECLAMATION—ss.
90F .-90L.
(3) (a) Section 4 ( 1 ) , definition of "Crown lands"—
Omit the definition, insert instead :—
"Crown lands" means—
(a)
land submerged by water, not being land vested in a person other than the Crown, a public authority or trustees for public recreation or for any other public purpose;
(b ) any foreshore; and
(c) a training wall, breakwater, retaining wall or guide-bank the property in which is vested in the Crown, a public
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
authority or trustees for public recreation or for any other public purpose,
but does not include land the subject of a lease under this Act and land of which a person has exclusive possession under a lease under any other Act.
(b ) Section 4 ( 1 ) , definition of "Director"—
Before the definition of "District", insert :—
"Director" means the Director, New South Wales
State Fisheries.
(c) Section 4 ( 1 ) , definition of "Engine"—
Omit the definition.
(d ) Section 4 ( 1 ) , definition of "Fish"— After "fishes", insert "(whether indigenous or not) and their young, fry and spawn".
(e) Section 4 ( 1 ) , definition of "Fish farm"— After the definition of "Fish", insert :—
"Fish farm" means a place to which a permit under section 90c relates.
(f) Section 4 ( 1 ) , definition of "Fishing gear"— After the definition of "Fisherman", insert :—
"Fishing gear" includes any implement, apparatus or device for taking or facilitating the taking of fish.
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(g)
Section 4 (1), definitions of "Fixed engine", "Gaff", "Hand-line"—
Omit the definitions.
(h ) Section 4 ( 1 ) , definition of "Market"—
Omit the definition, insert instead : —
"Market" means any fish market—
(a) established, controlled or operated by a trading society with the approval of the Minister under section 4 0 E ; (b) conducted and managed pursuant to
section 4 1 D ( 1 ) ( a ) ; (c) established and maintained pursuant
to section 4 1 D ( 1 ) (b ) ( i ) ; or (d) established by the council of a city, municipality or shire under the Local
Government Act, 1 9 1 9 , and the lands, improvements and works provided or used for or in connection with
such a fish market. (i) Section 4 ( 1 ) , definitions of "Master", "Net"—
After the definition of "Market", insert :—
"Master", in relation to a boat, includes a person who for the time being has the command, charge or management of the boat.
"Net" includes a cod end, bag, wing or any other portion of a net, irrespective of how it may be attached to the net, and all ropes, boards or other articles attached to the net.
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(j) Section 4 ( 1 ) , definition of "Original owner"— Omit the definition.
(k) Section 4 ( 1 ) , definition of "Oyster farm"—
Omit the definition, insert instead :—
"Oyster farm" means an area leased under Part V,
but does not include a fish farm.
(1) Section 4 ( 1 ) , definition of "Prescribed"—
Omit the definition.
(m)
Section 4 (1), definitions of "Prohibited size fish", "Prohibited size oysters"—
After the definition of "Oyster farm", insert : —
"Prohibited size fish" means a fish (other than an oyster prescribed by the regulations made under section 120 (3) as a prohibited size
fish."Prohibited size oyster" means—
(a) oyster spat; or
(b) an oyster the measurement or weight of which is less than the minimum measurement or weight for marketable oysters prescribed by the regulations made under section 120 (2) (o ) .
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(n) Section 4 ( 1 ) , definition of "Public authority"—
Before the definition of "Recognised hauling ground", insert : —
"Public authority" means—
(a) a body, corporate or unincorporate, established by or under an Act for a
public purpose; or(b) a corporation sole so established for such a purpose.
(o) Section 4 (1), definition of "Recognised hauling ground"— Omit "hauling" wherever occurring in the expression "Recognised hauling ground" and in the definition of that expression, insert instead "fishing".
(p)
Section 4 (1), definition of "Recognised hauling ground"—
Omit "haul and land", insert instead "use or operate".
(q) Section 4 ( 1 ) , definition of "Sell"— After the definition of "Salmon", insert :—
"Sell" includes—
(a)
sell by wholesale, retail, auction or tender;
(b) barter or exchange;
(c) supply for profit;
(d)
offer for sale, receive for sale, have in possession for sale or expose for sale;
(e) consign or deliver for sale; and
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(f)
cause, suffer or allow to be done any thing referred to in paragraph ( a ) ,
( b ) , ( c ) , (d) or ( e ) .
(r) Section 4 (1 ) definition of "Set line"—
Omit "any unattended line", insert instead "any line not held in the hand, or not attached to fishing gear held in the hand, which is".
(s)
Section 4 (1), definition of "Spat" or "Undersize oysters"—
Omit the definition.
( t ) Section 4 ( 1 ) , definition of "Take"— Omit the definition, insert instead :—
"Take", in relation to fish, includes catch, capture, kill and enclose the fish and, in relation to fish attached to any rocks or any material or structure, includes remove, extract and separ ate the fish or part of the fish from those rocks or that material or structure
(u) Section 4 ( 1 ) , definition of "Tidal waters"—
Omit the definition. (v) Section 4 ( 1 ) , definition of "To sell"—
Omit the definition.
(w) Section 4 ( 1 ) , definition of "Trading society"— Omit the definition, insert instead :—
"Trading society" means a trading society regis tered under the Co-operation Act, 1923, the objects of which include, expressly or impliedly, the marketing of fish.
SCHEDULE 1—continued.
AMENDMENTS TO PART I OF THE PRINCIPAL ACT—continued.
(x) Section 4 ( 1 ) , definition of "Under Secretary"—
Omit the definition.
(y) Section 4 ( 2 ) — Omit the subsection.
(z) Section 4 ( 3 ) — At the end of section 4, inse r t :—
(3 ) Where, in a provision of this Act, there is a reference to territorial waters, or to waters generally, the reference is to all waters, wherever situated, in relation to which the provision, or another provision dependent thereon, may lawfully operate.
SCHEDULE 2.
AMENDMENTS TO PART I I OF THE PRINCIPAL A C T .
(1 ) Section 5 —
Omit the section, insert instead : —
5. Subject to this Act, it is the duty of the Minister to
protect, develop and regulate the fisheries of the State.
(2 ) Section 7 — Omit the section, insert instead :—
7. (1 ) The Minister may appoint honorary fisheries rangers for the purposes of this Act.
SCHEDULE 2—continued.
AMENDMENTS TO PART I I OF THE PRINCIPAL ACT—continued.
(2 ) An honorary fisheries ranger—
(a ) may exercise such of the powers conferred on an inspector under section 12 ( 1 ) , 13 (b) or 14 ( a ) , (b) or (c) as are specified in the instrument of his appointment;
(b) may exercise those powers, according to the authority expressed in the instrument of his appointment, in the whole of the State or such part or parts thereof specified in the instrument;
(c)
shall be appointed for the term of office specified in the instrument of his appointment; and
(d) is eligible for reappointment from time to time.
(3 ) The Minister may, for any cause which to him seems sufficient, remove from office an honorary fisheries ranger.
(4 ) An honorary fisheries ranger shall be deemed to
have vacated his office if he— (a) dies;
(b)
resigns his office by letter addressed to the Minister; or
(c) is removed from office by the Minister.
(5 ) An instrument of appointment under this section issued to an honorary fisheries ranger and purporting to be signed by the Director or by a prescribed officer is, after the appointee has signed it, evidence of his appointment.
SCHEDULE 2—continued.
AMENDMENTS TO PART II OF THE PRINCIPAL ACT—continued.
(6 ) A person appointed under this section as an honorary fisheries ranger who resigns or is removed from his office and who, without just cause, does not, within 30 days of so resigning or being so removed, as the case may be, deliver to the Director the instrument of his appoint ment is guilty of an offence and liable to a penalty not exceeding $50.
(3) Section 8—
Omit the section, insert instead :—
8. The Minister shall, as soon as practicable after 30th June in each year, cause to be prepared a report on the fisheries of the State and shall cause a copy thereof to be laid before each House of Parliament.
(4 ) ( a ) Section 8 A — Omit "Under Secretary" wherever occurring, insert instead "Director".
(b) Section 8A ( 1 ) — Omit "Department responsible for the administration of this Act", insert instead "New South Wales State
Fisheries".
(5) Section 1 1 —
Omit "Under-Secretary", insert instead "Director".
(6 ) (a ) Section 1 2 — Omit "leased area", insert instead "oyster farm or fish farm".
SCHEDULE 2—continued.
AMENDMENTS TO PART I I OF THE PRINCIPAL ACT—continued.
(b ) Section 12 ( 2 ) — At the end of section 12, insert :—
(2) A person authorised by the Director for the purposes of this subsection has so much of the powers conferred on an inspector by subsection (1) as relates to an oyster farm or fish farm.
| (7 ) | ( a ) Section 1 3 — |
Omit "undersize" wherever occurring, insert instead
"prohibited size".
(b) Section 1 3 — After "taken" where firstly occurring, insert ", or in the possession of a person,".
(c) Section 13 ( b ) —
Omit "or fish taken in contravention of this Act,". (d) Section 13 ( b ) —
After "oysters", insert "or fish taken, or in the posses sion of a person, in contravention of this Act".
(e) Section 13 ( c ) — After "concealment o f , insert "prohibited size fish or prohibited size oysters or".
(f) Section 13 ( c ) —
After "taken", insert ", or in the possession of a person,".
| (8 ) | (a ) Section | 14 ( a ) — |
Omit "engines, nets", insert instead "nets or other fishing gear".
SCHEDULE 2—continued.
AMENDMENTS TO PART I I OF THE PRINCIPAL ACT—continued.
(b ) Section 1 4 ( b ) —
Omit the paragraph, insert instead : —
(b)
examine any nets or other fishing gear found in any place whatsoever;
(c ) Section 1 4 ( c ) —
Omit "engine, net, or", insert instead "or any net or other fishing gear, or any".
(d ) Section 1 4 ( d ) , ( e ) — Omit "or other person in charge of any boat" wherever occurring, insert instead "of any boat which the inspector has reasonable grounds to suspect is".
(e) Section 1 4 ( f ) — Omit the paragraph, insert instead : —
(f)
require a person who is on a boat which the inspector has reasonable grounds to suspect is
required to be licensed under this Act, or who is engaged in fishing, or whom the inspector reasonably suspects of having offended against this Act, to state his full name
and address;(f) Section 14 (g ) , ( h ) — Omit section 14 ( g ) , insert instead : —
(g)
require a person found in circumstances in which he is guilty of an offence unless he is the holder of, or in possession of, a license, permit, consent, certificate of exemption or
SCHEDULE 2—continued.
AMENDMENTS TO PART I I OF THE PRINCIPAL ACT—continued.
other authority under this Act to produce the license, permit, consent, certificate of exemp tion or other authority;
(h)
require a person taking fish by means of a net or other fishing gear to lift the net or other gear from the water.
( 9 ) Section 1 5 ( 4 ) , ( 5 ) —
After section 1 5 ( 3 ) , inse r t :—
( 4 ) A permit under this section remains in force for
such period, not exceeding 1 2 months, as is specified
therein.( 5 ) The regulations may prescribe a fee for the issue under this section of any prescribed class of permits.
| ( 1 0 ) | ( a ) Section 1 6 ( 1 ) | ( c ) — |
Omit "ocean and estuarine", insert instead "any".
(b ) Section 1 6 ( 1 ) ( d ) — Omit "biological", insert instead "scientific".
(c ) Section 1 6 ( 2 ) —
After "Minister" where firstly occurring, insert ", with the prescribed consent referred to in section 17B,".
(d ) Section 1 6 ( 2 ) — After "lands" where firstly occurring, insert "(not being lands dedicated for any public purpose) specified in the notification".
SCHEDULE 2—continued.
AMENDMENTS TO PART II OF THE PRINCIPAL ACT—continued.
(e) Section 16 ( 2 ) —
Omit "shall have and may", insert instead "may, sub
ject to any conditions imposed under section 17B
( 2 ) , " .
(f) Section 16 ( 3 ) —
After "Minister", insert ", subject to any conditions imposed under section 17B ( 2 ) , " .
(11) Section 16A—
After section 16, insert :—
16A. (1 ) The Minister, with the prescribed consent referred to in section 17B, may, by notification in the
Gazette, declare Crown lands (not being lands dedicated for any public purpose) specified in the notification to be an aquatic reserve.
(2 ) The regulations may—
(a )
prohibit or regulate the taking of fish from waters on any aquatic reserve; and
(b) provide for the management, protection and development of any aquatic reserve.
(12 ) ( a ) Section 17 ( 1 ) , ( 2 ) , ( 2 A ) , ( 2 B ) — Omit section 17 (1 ) and ( 2 ) , insert instead : —
(1) In this section and section 17A,
"Crown lands" means—
(a )
Crown lands within the meaning of this Act, other than lands dedicated for a public purpose; or
SCHEDULE 2—continued.
AMENDMENTS TO PART I I OF THE PRINCIPAL ACT—continued.
(b) Crown lands within the meaning of the Crown Lands Consolidation Act, 1913. (2) The Minister may causa to be con structed, or constructed and operated, by agreement with any person or otherwise—
(a ) fishery improvement works;
(b) a fish hatchery, research station, laboratory, fishery field station, experimental fish farm or any other establishment for the investiga tion, development and management of the fisheries of the State; or
(c) any other prescribed work,
if, in the case of any such construction or operation
on Crown lands, he first obtains the prescribed consent
referred to in section 17B and complies with any
conditions to which that consent is subject.(2A) Notwithstanding any other provision of this Act, the Minister may authorise a person, or a body of persons corporate or unincorporate, t o—
(a) control and manage any fish hatchery, race or spawning pond; (b) carry out practical operations in connection with the hatching and rearing of a specified species of fish and do and perform all things necessary for the successful propagation of that species of fish; or (c) capture and strip any specified species of fish at any time during spawning or close seasons,
on such terms, and subject to such conditions, as he
specifies when giving his authority.SCHEDULE 2—continued.
AMENDMENTS TO PART II OF THE PRINCIPAL ACT—continued.
( 2 B ) A person to whom authority is given
under subsection (2A ) or a member of an unincor
porated body to which any such authority is given is guilty of an offence if he contravenes the terms upon which, or the conditions subject to which, the authority was given.
(b ) Section 17 ( 3 ) — Omit "section", insert instead "Act".
(c) Section 17 ( 4 ) , ( 5 ) , ( 6 ) — Omit the subsections.
(13) Sections 17A, 1 7 B —
After section 17, in se r t :— 17A. (1 ) Any land required for the purposes of section 17 (2 ) may, with the prescribed consent referred to in section 17B in the case of Crown lands that are not vested in the Minister, be acquired by purchase, resumption or
appropriation under the Public Works Act, 1912.
(2) An acquisition under subsection (1 ) is for an
authorised work within the meaning of the Public Works Act, 1912, and the Minister is the Constructing Authority within the meaning of that Act.
(3 ) Sections 34, 35, 36 and 37 of the Public
Works Act, 1912, do not, but section 38 of that Act does,apply in relation to any works referred to in section 17 ( 2 ) .
(4) The Minister may, for the purposes of section
17 ( 2 ) , grant a lease of land acquired under this section.
SCHEDULE 2—continued.
AMENDMENTS TO PART I I OF THE PRINCIPAL ACT—continued.
17B. ( 1 ) For the purposes of sections 16, 16A, 17 and 17A, the prescribed consent is—
(a) where the Crown lands are within the impounded waters of a dam or reservoir used primarily for domestic water supply or within an area desig nated by or under an Act as a catchment area in respect of such a dam or reservoir—the consent of— (i) the authority controlling the dam or
reservoir;
(ii) the Minister administering the Public
Health Act, 1902; and
(iii) the Minister administering the Public
Works Act, 1912;
(b) where the Crown lands are Crown lands within the meaning of the Crown Lands Consolidation Act, 1913—the consent of the Minister administering that Act; and (c)
where the Crown lands are not Crown lands referred to in paragraph (a) and are vested in a public authority or trustees for public recreation or for any other public purpose—the consent of that authority or those trustees.
(2) An authority or person entitled to give the prescribed consent for the purposes of sections 16, 16A, 17 and 17A may give the consent subject to conditions.
67880G-36
SCHEDULE 3.
INSERTION OF PART IIA INTO THE PRINCIPAL A C T .
Part I I A — After Part I I , insert:—
PART IIA.
AMATEUR FISHERMEN'S ADVISORY COUNCIL.
17c. ( 1 ) The Minister may constitute an Amateur Fishermen's Advisory Council which shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed on the Council by this Act.
( 2 ) The Council shall consist of not less than 6, and not more than 10, members appointed by the Minister from prescribed organisations.
( 3 ) The Minister shall appoint a member of the
Council to be Chairman of the Council.
( 4 ) Subject to this section, a member of the
Council holds office for such period, not exceeding 5 years,
as is specified in the instrument of his appointment and shall be eligible for reappointment from time to time.
(5 ) A member of the Council vacates his office
if he—
(a) dies;
(b)
resigns his office by letter addressed to the Minister;
(c)
becomes a temporary patient, a continued treat ment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part V I I of that Act; or
SCHEDULE 3—continued.
INSERTION OF PART IIA INTO THE PRINCIPAL ACT—continued.
(d ) is removed from office by the Minister.
( 6 ) On the occurrence of a vacancy in the office of a member of the Council the Minister may appoint an eligible person to fill the vacant office and a person so appointed shall, subject to this section, hold office for the residue of the term of office of his predecessor.
(7 ) In the absence of the Chairman from any meeting the members of the Council shall elect one of their number to preside at the meeting.
(8 ) A majority of members of the Council shall form a quorum for the purposes of any meeting of the Council and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Council.
(9 ) A member of the Council is entitled to receive
such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him.
(10) The procedure for the calling of meetings of
the Council and for the conduct of business at those meet ings shall, subject to any regulations made in relation thereto, be as determined by the Council.
17D. The Council—
(a)
shall act as a liaison body between the Minister and amateur fishermen;
(b )
shall advise the Minister on matters referred to it by him in relation to amateur fishing; and
SCHEDULE 3—continued.
INSERTION OF PART IIA INTO THE PRINCIPAL ACT—continued.
(c) may advise the Minister on other matters relating to amateur fishing and make such representations
as it thinks fit in relation thereto.17E. The Council shall furnish to the Minister such
reports and statements of account arising out of the
Council's activities as the Minister may require.
SCHEDULE 4 .
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL A C T .
(1 ) (a ) Section 18 (1) ( a ) — Omit "prohibit the taking of fish from tidal waters or
inland waters", insert instead "absolutely or conditionally prohibit the taking of fish, or a specified class of fish, from any waters or from specified waters".
(b) Section 18 (1 ) ( b ) — Omit ", but no such period shall exceed twelve consecutive months".
(c ) Section 18 ( 2 ) — Omit the subsection.
S C H E D U L E 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(d) Section 18 ( 3 ) —
Omit the subsection, insert instead :—
(3) A provision of a notification under subsection (1 ) may apply generally or may differ in its application according to different factors.
(e) Section 18 ( 4 ) —
Omit the subsection.
(f) Section 18 ( 4 A ) —
After section 18 ( 4 ) , insert :—
(4A) Regulations may be made for giving effect to
notifications under this section.
(g) Section 18 ( 5 ) , ( 6 ) — Omit "or proclamation" wherever occurring.
(h) Section 18 ( 7 ) , ( 7 A ) — Omit section 18 ( 7 ) , insert instead :—
(7) Subject to subsection ( 7 A ) , a person
is guilty of an offence if he is found in or on or
adjacent to any waters and—
(a) he is in a boat that contains fishing gear and the taking of fish in those waters is, at that
time, prohibited absolutely;(b) he is in a boat that contains fishing gear and— (i) the use of that boat;
(ii) the use of that quantity or class of
fishing gear; or
SCHEDULE 4—continued.
AMENDMENTS TO PART HI (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(iii) the use of that boat with that
quantity or class of fishing gear
aboard,
for the taking of fish in those waters is, at
that time, prohibited;
(c) he is in possession of fishing gear and the taking of fish in those waters is, at that
time, prohibited absolutely; or(d) he is in possession of fishing gear and the use of that quantity or class of fishing gear (whether aboard a boat or not) in those waters is, at that time, prohibited.
(7A) It is a defence to a prosecution for an offence referred to in subsection ( 7 ) if the person charged proves that, at the time of the commission of the alleged offence—
(a) the relevant boat or fishing gear was in or on or adjacent to the waters to which the
charge relates in accordance with the terms of a permit, issued by an inspector in or to the effect of the prescribed form, to take the boat or fishing gear to other waters; or
(b) the defendant had a lawful excuse for being in that boat or in possession of that fishing
gear.
(2 ) (a) Section 19 ( 1 ) — Omit "whatsoever for the purpose of taking, or which is adapted to take or capable of taking, fish".
SCHEDULE 4—continued.
AMENDMENTS TO PART H I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(b) Section 19 (4 ) ( a ) — Omit the paragraph, insert instead :—
(a)
that the net which is the subject of the charge is a dip, scoop or landing net of dimensions and mesh prescribed by the regulations and was used in the manner so prescribed; or
(c) Section 19 ( 5 ) —
Omit the subsection.
| (3 ) | Part III, Division 1A, heading— |
Before section 20, insert:—
DIVISION 1A.—Importation of live fish.
(4 ) (a) Section 20 ( 1 ) —
Omit "by proclamation", insert instead ", by order
published in the Gazette,".
(b) Section 20 ( 1 ) —
Omit "such proclamation", insert instead "the order".
(c) Section 20 ( 2 ) —
Omit "any such proclamation", insert instead "an
order under subsection ( 1 ) " .
(d) Section 20 ( 3 ) —
Omit "any proclamation made under this section", insert instead "an order under subsection ( 1 ) " .
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(5) Section 2 0 A — After section 20, inse r t :—
20A. (1 ) A person who—
(a )
sells, gives, transports, disposes of or deals in any way with any live fish (not being prescribed fish) which have been, or the spawn of any such fish which has been, imported into the State;
(b) rears any such live fish; or (c) hatches any such spawn,
is guilty of an offence unless he is licensed under this section as an importer of live fish and has complied with the terms upon which, and the conditions subject to which, the license was issued.
(2 ) The Minister may cause a license to be issued
under this section on such terms, and subject to such conditions, as the Minister thinks are necessary— (a) to prevent the spread of disease among fish in territorial waters; and
(b) to prevent fish from being liberated in any waters in which they would be noxious fish within the
meaning of Division 1B.
(3 ) Where the holder of a license under this section is guilty of an offence under subsection ( 1 ) , the Minister may cancel or suspend the license.
SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
| ( 6 ) | Part III, Division 1 B — |
Before Division 2 of Part III, insert :—
DIVISION 1B.—Noxious fish.
20B . For the purposes of this Division, a fish is included in a species of fish notwithstanding that it is a race or variation or a domesticated form, or a hybrid, of that species.
2 0 c ( 1 ) The Governor may, by order published in the Gazette, declare that fish of a specified species are noxious fish for the purposes of this Division if they are in—
(a) any inland waters;
(b) a specified class of inland waters; or
(c) any inland waters other than inland waters of a specified class.
(2) An order under subsection ( 1 ) takes effect on the day of publication or on a later day specified in the order.
20D. A person is guilty of an offence if he sells a live fish of a species to which an order under section 20c relates (whether or not the fish, before or after the sale, is in waters in which it is a noxious fish) unless the fish is sold with the consent of the Minister and in accordance with any terms and conditions imposed by the Minister when giving his consent. 20E. ( 1 ) An inspector, or a person authorised by the Director in writing for the purpose, may seize and destroy any live noxious fish.
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(2 ) The Minister may give notice to the owner or occupier of land on which noxious fish are located to take such measures as are specified in the notice to destroy the noxious fish within the period so specified.
(3 ) If a person to whom a notice is given under subsection (2 ) fails, within the period specified in the notice, to comply with any of the requirements of the notice, the Minister may, by his authorised agents, enter upon the land to which the notice relates (not being a dwelling-house) and take such measures to destroy noxious fish located on that land as the Minister thinks fit.
(4 ) Compensation is not payable in respect of the seizure or destruction of any noxious fish in the course of exercising the powers conferred by this section or in respect of the destruction of any other fish if, in the course of exercising those powers, the destruction of those other fish could not reasonably be avoided.
(5 ) Any costs and expenses incurred by the
Minister in the exercise of his powers under subsection (3 )upon non-compliance with a notice are recoverable in a
court of competent jurisdiction as a debt to the Crown owed by the person to whom the notice was given. 20F. The Minister may enter into an agreement with the owner or occupier of any land for the supply by the Minister of poison or appliances or services for destroying noxious fish on the land, either free of cost or otherwise. 20G. ( 1 ) Upon complaint on oath by an inspector that he has reasonable cause to suspect that live noxious fish are located on specified land, a stipendiary magistrate may issue his warrant authorising the inspector to enter on that SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6 A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
land at any time between 7 o'clock in the morning and 7 o'clock in the evening for the purpose of searching for and seizing and destroying any noxious fish on that land.
(2 ) Subsection (1 ) does not apply in respect of
an entry on land made under section 20E ( 3 ) .
| ( 7 ) | (a ) Section 21 ( 1 ) — |
After "lobster,", insert "or any other species of fish prescribed for the purposes of this section,".
(b) Section 21 ( 1 ) —
Omit " T h e regulations may prescribe one period for all such species of fish or different periods for any specified species.
In respect of any species as to which a different
period is not prescribed by the regulations, theprescribed period shall be the months of October and
November in each year.".
(c) Section 21 ( 1 A ) — After section 21 ( 1 ) , insert:—
(1A) For the purposes of subsection ( 1 ) , the prescribed period for any species of fish referred to in that subsection i s—
(a) except as provided in paragraph (b), the
months of September, October and November in each year; or
SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(b) in the case of fresh-water crayfish known as or called the Murrumbidgee crayfish or Murray lobster, the months of February, March and April in each year,
or, if the regulations prescribe a different period for any such species of fish, the period prescribed by the regulations in respect of that species of fish.
(d ) Section 21 ( 2 ) — Omit "during the prescribed period".
(e) Section 21 ( 2 ) —
Omit "any of the fish mentioned in subsection ( 1 ) , or any of the fish of the specified species as the case may be", insert instead "any fish of the species referred to in subsection (1) during the prescribed period for that species of fish".
(8 ) Section 2 2 —
Omit the section.
(9 ) Part III, Division 2 A —
After Division 2 of Part III, i n se r t :—
DIVISION 2A.—Restricted fisheries.
22A. ( 1 ) The Minister may, by order published in the Gazette, declare that fish of a specified class are, or that specified waters are, a restricted fishery.
S C H E D U L E 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(2 ) A person who, for the purpose of sale, takes or attempts to take any fish of a class the subject of an order under subsection ( 1 ) , or any fish in waters the subject of such an order, is guilty of an offence unless—
(a) he is the holder of a license under section 25 and a restricted fishery permit; and
(b) in taking or attempting to take the fish, he com plies with the conditions subject to which the
permit was issued.( 3 ) The Minister may, by an order under sub
section (1 ) or by another order published in the Gazette—
(a) 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; (b)
specify the maximum quantity of fish that may be taken during a specified period from a restricted fishery specified in the order, being—
(i) where the restricted fishery comprises a specified class of fish—fish of that class; or
(ii) where the restricted fishery comprises specified waters—any fish in those waters; or
(c) specify both matters referred to in paragraphs
(a ) and (b ) .
SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(4 ) Regulations may be made for and with respect
t o —
(a) the issue (upon application or by public tender or by ballot) , operation, suspension or cancel
lation of restricted fishery permits; and(b) giving effect to any matter referred to in sub section (3 ) (b ) and specified in an order under
subsection ( 3 ) . (5 ) A power conferred by regulations made pur suant to subsection (4 ) ( a ) on any person to issue restricted fishery permits in relation to a restricted fishery shall not be exercised if the number of those permits in force at any time would thereby exceed the maximum num ber specified in relation to the restricted fishery in an order under subsection ( 3 ) .
(10) Section 2 2 B — Before section 23 , insert :—
22B. A boat the use of which for taking fish for sale is
authorised under the law of another State or of the Com monwealth and a person so authorised to take fish for sale shall, to the extent, if any, prescribed by the regulations, be deemed to be licensed under section 24 or 25, as the case may require.
(11) (a ) Section 23 ( 1 ) — Omit "whether tidal waters or inland waters,".
(b ) Section 23 ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) , ( 7 ) — Omit the subsections.
SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(c) Section 23 ( 8 ) —
Omit whether tidal waters or inland waters,".
| (12) | (a) Section 24 ( 1 ) — |
Omit "outside but adjacent to the territorial waters of New South Wales", insert instead "other than waters referred to in section 23".
(b) Section 24 ( 2 ) — Omit the subsection.
(c) Section 24 ( 3 ) — Omit "of New South Wales".
| (13) | Sections 24A, 2 4 B — |
After section 24, insert :—
24A. ( 1 ) In this section, "license" means a license under
section 23 or 24.
(2) Where the prescribed application for, or for the renewal of, a license is made, the Minister or a pre scribed officer may issue or renew, or refuse to issue or renew, the license.
( 3 ) A license is subject to such conditions as may
be prescribed from time to time and to such further
conditions as may be specified in the license.SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(4 ) The Minister may, in prescribed
circumstances, cancel or suspend a license.
(5 ) Licenses may be of such different classes as
may be prescribed.
(6 ) Except to the extent that its duration is affected by subsection (7 ) or (8 ) or by suspension, or unless it is sooner cancelled, a license remains in force for the period prescribed for the purposes of this subsection.
(7) Where application is duly made for the renewal of a license and the renewal is not granted before the expiration of the license—
(a)
the license continues in force until the renewal is granted or refused; and
(b)
the renewal may be granted notwithstanding that, but for this subsection, the license would have expired.
(8 ) Where a license is continued in force under
subsection ( 7 ) , it may not be renewed to expire on a date later than the date on which it would have expired had a renewal been granted on the date on which, but for being so continued in force, it would have expired. (9) The fee for the issue or renewal of a license, and the manner of payment thereof, may be prescribed by the regulations.
( 1 0 ) For the purposes of this Act, the fact that a
boat is licensed is evidence that fish landed from the boat or taken by use of the boat are fish landed or taken for sale.
S C H E D U L E 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
A certificate purporting to be signed by the Director
or by a prescribed officer and certifying that, at a time, or
during a period, specified in the certificate—
24B .
(a) a specified boat was or was not licensed under section 23 or 24; or
(b) a specified boat was or was not within a specified class of boats,
is evidence of the matters certified.
| (14) | Section 2 5 — |
Omit the section, insert instead :—
25. ( 1 ) A person who—
(a)
takes fish, or attempts to take fish, from territorial waters; or
(b) lands fish in New South Wales,
for the purpose of selling them is guilty of an offence unless he is authorised to do so by a fisherman's license under this section or is otherwise authorised to do so by or under this Act. (2) Where the prescribed application for, or for the renewal of, a fisherman's license is made, the Minister or a prescribed officer may—
(a)
subject to subsections (3) and (4), issue or renew the license; or
(b) refuse to issue or renew the license.
S C H E D U L E 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
( 3 ) A fisherman's license shall not be issued to an
individual unless he has the necessary qualifications or capacity to engage successfully in the fishing operations to be authorised by the license and unless he proposes, if issued with the license, to derive the major portion of his income from personal exertion from the taking and sale of fish and to spend the major portion of the time he spends in producing income by personal exertion in taking and selling fish.
( 4 ) A fisherman's license issued to an individual
shall not be renewed unless, during the period that the license was in force, the major portion of his income from personal exertion was derived from the taking and sale of fish and unless the major portion of the time he spent in producing income by personal exertion was spent in the taking and sale of fish.
( 5 ) A fisherman's license is subject to such
conditions as may be prescribed from time to time and tosuch further conditions as may be specified in the license.
cancel or suspend a fisherman's license. ( 6 ) The Minister may, in prescribed circumstances, (7 ) Licenses under this section may be of such different classes as may be prescribed.
( 8 ) A fisherman's license is not transferable.
(9 ) Except to the extent that its duration is affected
by subsection (10) or (11) or by suspension, or unless it is sooner cancelled, a fisherman's license remains in force for the period prescribed for the purposes of this subsection. SCHEDULE 4—continued.
AMENDMENTS TO PART II I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(10) Where application is duly made for the renewal of a fisherman's license and the renewal is not granted before the expiration of the license—
(a) the license continues in force until the renewal is granted or refused; and (b) the renewal may be granted notwithstanding that, but for this subsection, the license would have expired.
(11 ) Where a fisherman's license is continued in force under subsection ( 1 0 ) , it may not be renewed to expire on a date later than the date on which it would have expired had a renewal been granted on the date on which, but for being so continued in force, it would have expired.
(12) Except for the purpose of calculating the duration thereof, a fisherman's license has no force or effect until it is signed by the licensee.
(13) The fee for the issue or renewal of a fisher man's license, and the manner of payment thereof, may be prescribed by the regulations.
(14) The fact that a person is the holder of a
fisherman's license is evidence that fish found in his
possession—(a) were taken from territorial waters; or
(b) were landed in New South Wales,
for the purpose of selling them.
(15) The holder of a fisherman's license is guilty of an offence if he contravenes the conditions to which his license is subject.
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(15) (a) Section 25A ( a ) —
Omit "sections 15, 17, and 25", insert instead "section 15, 17, 25 or 90c, and their employees, while engag ing in the activity authorised by the permit, authority or license issued".
(b) Section 25A ( a l ) —
After section 25A ( a ) , insert:—
( a l )
persons who take or attempt to take fish from, or who are in possession of fishing gear within, a fish farm of a kind referred to in section
90A ( b ) ;
(c) Section 25A ( b ) — Omit "Aborigines Protection Act, 1909-1943", insert instead "Aborigines Act, 1969".
(16) Section 2 5 B — Omit the section, insert instead :—
25 B. ( 1 ) A person to whom this Division applies who—
(a) takes fish, or attempts to take fish, from any inland waters; or (b) has in his possession in or on or adjacent to any inland waters, without lawful excuse, any fishing
gear,is guilty of an offence and liable to a penalty not exceeding $100 unless he is authorised to do so by an inland angling license under this section.
SCHEDULE 4—continued.
AMENDMENTS TO PART III (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(2 ) Where the prescribed application for an inland angling license is made, the Minister or a person authorised by him may issue the license.
(3 ) An inland angling license is subject to such
conditions as may be prescribed from time to time and tosuch further conditions as may be specified in the license.
(4 ) The Minister may, in prescribed circum
stances, cancel or suspend an inland angling license.
(5 ) Inland angling licenses may be of such
different classes as may be prescribed.
(6 ) An inland angling license is not transferable.
(7 ) Except to the extent that its duration is affected by suspension or unless it is sooner cancelled, an inland angling license remains in force for the period prescribed for the purposes of this subsection.
(8 ) Except for the purpose of calculating the
duration thereof, an inland angling license has no force or
effect until it is signed by the licensee,(9) The fee for the issue of an inland angling license, and the manner of payment thereof, may be prescribed by the regulations.
(10) The holder of an inland angling license is guilty of an offence and liable to a penalty not exceeding $100 if he contravenes the conditions to which his license is subject.
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(17) (a) Section 25c ( 1 ) —
Omit "hereinafter", insert instead ", in this section".
(b) Section 25c ( 2 ) —
Omit the subsection, insert instead :—
(2 ) There shall be paid to the credit of the
Fund—
(a)
all fees received for inland angling licenses reduced, where a person has been specially authorised by the Minister to issue those licenses, by such commission in respect of each license issued by the person as is specified in the authority under which he issues those licenses;
(b)
the proceeds of the sale of the produce of any operation under section 17 (2) in inland waters;
(c) such money as is appropriated to the Fund
by Parliament;
(d) except as provided in sections 25D (2) and 25E ( 2 ) , money received from any person
pursuant to section 8B; and
(e)
all other money required by this Act to be paid to the credit of the Fund.
(c ) Section 25c (3 ) ( e ) — Omit "and" where secondly occurring.
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(d) Section 25c (3) ( f ) , ( g ) , ( h ) — Omit section 25c (3 ) ( f ) , insert instead :—
(f) the payment of grants—
(i) to persons, institutions or organisa tions approved by the Minister, for the purpose of carrying out research or management projects relating to inland fisheries; and
(ii) for the establishment of scholarships approved by the Minister,
subject to such terms and conditions, if any, as
may be determined by the Minister:
(g)
the costs and other expenses incurred in the purchase of land adjacent to inland waters or land giving access to those waters; and
(h) the costs of such additional classes of works or
services as may be prescribed.
| ( 1 8 ) | Part I I I , Divisions | 3B, 3 C — |
After Division 3A of Part I I I , insert :—
DIVISION 3B.—Tidal Angling Fund.
25D. (1) An account shall be kept in the Special De
posits Account in the Treasury, to be called the "Tidal
Angling Fund", in this section referred to as the "Fund".
S C H E D U L E 4—continued. AMENDMENTS TO PART II I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(2 ) There shall be paid to the credit of the Fund such money as is appropriated to the Fund by Parliament or is received from any person for the purposes of the Fund pursuant to section 8B.
(3 ) The Fund shall be used for the investigation, survey, management, development and protection of the sport and game fisheries in territorial waters other than inland waters including, in connection therewith—
(a) the payment of grants—
(i) to persons, institutions or organisations approved by the Minister, for the purpose of carrying out research or management projects relating to the sport or game fisheries in those waters; and
(ii) for the establishment of scholarships approved by the Minister,
subject to such terms and conditions, if any, as
may be determined by the Minister;
(b)
the costs and other expenses incurred in the purchase of land adjacent to those waters or land
giving access to those waters; and (c)
the costs of such additional classes of works or services as may be prescribed.
DIVISION 3C.—Commercial Fisheries Exploration and
Development Fund.
25E. (1) An account shall be kept in the Special De posits Account in the Treasury, to be called the "Commer cial Fisheries Exploration and Development Fund", in this section referred to as the "Fund".
SCHEDULE 4—continued.
AMENDMENTS TO PART II I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(2 ) There shall be paid to the credit of the Fund such money as is appropriated to the Fund by Parliament or is received from any person for the purposes of the Fund pursuant to section 8B.
(3) The Fund shall be applied towards—
(a)
such expenses as may be approved by the Minister in connection with any project of an exploratory or developmental nature associated with fisheries for the benefit of the commercial fishing industry or the commercial oyster farming industry; and
(b)
the payment of grants to institutions or organisa tions approved by the Minister representing the commercial fishing industry or the commercial oyster farming industry to assist in the adminis tration of those institutions or organisations, subject to such terms and conditions, if any, as may be determined by the Minister.
| (19) Part III, Division 4, heading— |
Omit "Nets", insert instead "Nets and other fishing gear".
(20) Section 2 6 —
Omit the section, insert instead :—
26. (1) The regulations may provide for the registra tion of specified classes of nets or other fishing gear and may prescribe—
(a) the method of registration;
S C H E D U L E 4—continued.
AMENDMENTS TO PART II I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(b) the period for which the registration remains in force;
(c) the conditions under which the registration may be transferred; and
(d) the fee to be paid for registration or transfer of registration.
(2 ) Where a class of nets or other fishing gear is registrable under the regulations, a person who uses an unregistered net or other fishing gear of that class is guilty of an offence and liable to a penalty not exceeding $20.
(21) (a ) Section 27 ( 1 ) , ( 2 ) , ( 3 ) — Omit the subsections, insert instead :—
(1 ) The regulations may, for the purposes
of subsection ( 3 ) , prescribe a specified use to be alawful use for a specified class of net or other
prescribed fishing gear. (2 ) Nothing in the regulations affects any prohibition imposed by section 18.
(3 ) A person is guilty of an offence and
liable to a penalty not exceeding $500 if he—
(a) uses a net or other prescribed fishing gear and— (i) that use is not a lawful use for that net or other fishing gear prescribed by or under this Act; or
S C H E D U L E 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(ii) that net or other fishing gear is not a net or fishing gear for which a lawful use has been prescribed by or under this Act; or
(b) is in or on or adjacent to any waters and is in possession, without lawful excuse, of a net or other prescribed fishing gear for which a lawful use in those waters has not been prescribed.
(b) Section 27 ( 4 ) —
Omit "any such offence" where firstly occurring, insert instead "an offence under subsection ( 3 ) " .
(c) Section 27 ( 5 ) , ( 6 ) — Omit the subsections.
(22) Section 2 8 —
Omit "undersize" wherever occurring, insert instead
"prohibited size".
| (23) | (a ) Section 29 ( 1 ) — |
After "who", insert ", except as permitted by or under this or any other Act,".
(b) Section 29 ( 1 ) —
Omit "in tidal or inland waters, in such manner that fish enclosed thereby", insert instead "in such a manner that fish".
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(c) Section 29 ( 1 ) —
After "destroyed", insert "or that the free passage of fish may be obstructed".
(d) Section 29 ( 3 ) , ( 4 ) — At the end of section 29, insert :—
(3 ) A court that convicts a person of an offence referred to in subsection ( 1 ) or (2 ) may, by the conviction, order that person to remove, within a specified time, the obstruction to which the information for the offence relates.
(4 ) Where an order made under subsection (3) is not complied with, the Minister may cause the obstruction to which the order relates to be removed and may recover from the person against whom the order was made the cost of the removal as a debt in a court of competent jurisdiction.
(24) (a) Section 3 0 —
Omit "tidal or inland water" wherever occurring, insert instead "waters".
(b) Section 30 ( 1 ) —
Omit "or drives any boat", insert instead "drives, rides or uses any boat, surfboard, water ski, aquaplane or similar equipment".
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(25) (a) Section 3 1 —
Omit "hauling a net on to", insert instead "using a net on".
(b ) Section 3 1 — Omit "hauling" where secondly occurring, insert instead "fishing".
(c) Section 3 1 —
Omit "such hauling", insert instead "the use of his
net".
(26) (a ) Section 3 2 —
Omit "hauling" where firstly occurring, insert instead
"fishing".
(b) Section 3 2 —
Omit "hauling and landing", insert instead "use".
(c) Section 32 ( 2 ) ,
At the end of section 32, insert :— ( 3 ) — (2) A court that convicts a person of an offence referred to in subsection (1 ) may, by the conviction, order that person to remove, within a specified time, the obstruction to which the offence relates.
(3) Where an order made under subsection (2) is not complied with, the Minister may cause the obstruction to which the order relates to be removed and may recover from the person against whom the order was made the cost of the removal as a debt in a court of competent jurisdiction.
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(27) Section 3 2 A — After section 32, insert:—
32A. A person is guilty of an offence and liable to a
penalty not exceeding $50 if he—
(a)
drives, rides or uses a boat, surfboard, water ski, aquaplane or similar equipment in any waters on a recognised fishing ground in such a manner and in such proximity thereto as is likely to cause the dispersal of schooling fish, or fish travelling in a school or shoal; or
(b)
drives, rides or uses a boat, surfboard, water ski, aquaplane or similar equipment in any waters in a manner that unreasonably interferes with the operations of a fisherman lawfully fishing in those waters or waiting to carry on lawful fishing in those waters,
and does not desist when requested so to do by an inspector.
(28) Section 3 3 —
Omit "tidal or inland" wherever occurring.
(29) Section 3 4 —
Omit "tidal or inland" wherever occurring.
(30 ) Section 3 5 — Omit the section.
S C H E D U L E 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
| ( 3 1 ) | (a) | Section 36 ( 1 ) — |
After "gutted", insert "or have the gills removed or be treated or processed in any manner prescribed".
(b) Section 36 ( 1 ) — Omit "from any boat engaged in fishing in ocean waters", insert instead "or before being moved to an ice-house or refrigerated chamber or into cold storage".
( c ) Section 36 ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) — Omit the subsections.
| (32 ) | Section 3 7 — |
Omit the section.
(33) Section 3 8 — Omit the section, insert instead :— 38. (1 ) A person is guilty of an offence and liable to a
penalty not exceeding $50—
(a) if he consigns fish in a container for sale without marking legibly on the outside of the container
or on a label attached thereto—(i) his full name and address and a state
ment that they are the name and address
of the consignor;(ii) the name of the place from which the
fish are consigned; and
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
(iii) where all the fish are owned by one per son (not being the consignor), the full name and address of the owner of the fish and a statement that they are the name and address of the owner of the fish; or
(b) if he consigns fish in a container for sale and different fish in the container are owned by dif ferent persons and are not consigned by a trading society. (2 ) Where a trading society consigns fish in a con tainer for sale on behalf of a member, the society suffi ciently complies with subsection (1) (a ) (iii) if, instead of the full name and address of the owner of the fish, the society marks the outside of the container, or a label at tached thereto, in a manner that would enable an inspector readily to identify the owner of the fish from records kept by the society at its registered office.
(34) Section 39 ( 2 ) — Omit the subsection. (35) Section 4 0 —
Omit ", as amended by subsequent Acts" wherever occurring.
SCHEDULE 4—continued.
AMENDMENTS TO PART I I I (DIVISION 6A EXCEPTED) OF THE
PRINCIPAL ACT—continued.
| ( 3 6 ) | Section 4 0 B — |
Omit the section, insert instead :—
4 0 B . ( 1 ) A person who sells fish (other than oysters or any prescribed fish) is guilty of an offence unless—
(a) the fish—
(i) are sold in a market by wholesale, retail, auction or tender;
(ii) are bartered or exchanged in a market;
(iii) are supplied in a market for profit;(iv) are offered in a market for sale, received in a market for sale or exposed in a market for sale;
(v) are in the possession of a person for selling in a market; or
(vi) are consigned or delivered for selling in a market;
(b) the fish are sold in accordance with subsection
( 2 ) ; or (c)
the fish have previously been sold or disposed of through a market or in accordance with
subsection ( 2 ) . (2 ) Fish are sold or disposed of in accordance
with this subsection if the sale or disposal—
(a)
is a sale or disposal by the holder of a certificate of exemption issued under section 40c and com plies with any conditions specified in the certificate;
67880G-37
SCHEDULE 4—continued.
A M E N D M E N T S TO PART I I I (DIVISION 6A E X C E P T E D ) OF THE PRINCIPAL ACT—continued.
(b) is a sale or disposal by a fisherman to the holder of a certificate of exemption issued under section
40c ; or (c) is a sale or disposal by a fisherman who is the holder of a consent issued under section 40D and complies with any conditions specified in the consent.
(37) Section 40c, 40D, 40E, 4 0 F — Omit section 40c, insert instead : —
40c. (1 ) Upon payment of the prescribed fee, the Minister may, on the recommendation of the Authority and for the purposes of section 40B, issue to any person a certificate exempting him from selling his fish in a market and may cancel or suspend any such certificate.
(2 ) A certificate of exemption issued under sub section (1 ) is subject to such conditions as are specified therein.
(3 ) Without affecting the generality of subsection ( 2 ) , a certificate of exemption may be issued under sub section (1 ) subject to the condition that the exemption applies only t o —
(a) specified species of fish;
(b) the sale of fish by wholesale, retail or any other specified method of sale;
(c) the sale of fish that have been canned, bottled, preserved, cured, smoked, dried, salted or
subjected to any other specified process; or(d) the sale of fish from specified premises.
SCHEDULE 4—continued.
A M E N D M E N T S TO PART I I I (DIVISION 6A E X C E P T E D ) OF THE PRINCIPAL ACT—continued.
(4 ) A certificate of exemption issued under sub section (1 ) remains in force for such period as may be prescribed unless sooner cancelled or suspended.
40D. (1 ) Upon payment of the prescribed fee, the Authority may, for the purposes of section 40B, issue to a fisherman a consent in writing to sales of fish by the fisherman and may cancel or suspend any such consent.
(2 ) A consent issued under subsection ( 1 ) —
(a)
is subject to such conditions as are specified therein;
(b)
shall specify as a condition that a sale made pursuant to the consent shall be made only in a specified area; and
(c)
remains in force for such period as may be prescribed unless sooner cancelled or suspended.
(3 ) An appeal lies, as prescribed, to the Minister
against— (a) a refusal by the Authority to issue a consent
under subsection
( 1 ) ;
(b) a condition of any such consent; or
(c)
the suspension or cancellation of any such consent.
40E. (1 ) A trading society shall not establish, control
or operate a market unless—
(a)
the Minister after a report and recommendation to him by the Authority so approves and that approval is not suspended or revoked under subsection (2) ( a ) ; and
SCHEDULE 4—continued.
A M E N D M E N T S TO PART I I I (DIVISION 6A E X C E P T E D ) OF THE
PRINCIPAL ACT—cont inued.
(b) the society complies with and observes the terms, conditions and stipulations to which the approval is subject. (2 ) The Minister may, after a report and recom mendation to him by the Authority, by notice in writing to a trading society—
(a) suspend for a period specified in the notice, or revoke, any approval given to the society under subsection ( 1 ) ; or (b) from time to time vary the terms, conditions and stipulations subject to which he approved the establishment, control or operation of a market by the society. (3 ) The suspension or revocation of an approval under subsection (2 ) (a ) or a variation of a term, con dition or stipulation under subsection (2) (b ) does not take effect in relation to a trading society until 14 days after notice thereof is given to the society.
(4 ) An inspector or a person authorised for the purpose by the Director or the Authority in writing may, at any reasonable time and for the purpose of ascertaining whether the provisions of this Act and the terms, condi tions and stipulations to which an approval under subsection (1) is subject are being complied with and observed—
(a)
examine the books, documents and records of the society;
(b)
enter and inspect any market established, controlled or operated by the society; and
S C H E D U L E 4—continued.
| A M E N D M E N T S | TO PART | I I I | (DIVISION | 6A | E X C E P T E D ) | OF THE |
PRINCIPAL ACT—continued.
(c) require any member, officer or employee of the society to answer, either orally or in writing, such questions as are put to him with respect to the affairs of the society, or to produce any book, document or record of the society that is in his possession or under his control.
40F . ( 1 ) The Minister may, by order published in the Gazette, direct that the marketing and distribution of fish or any specified species of fish landed in any district or part thereof for sale shall be subject to the control of the Authority during the period specified in the order.
(2) Where the marketing and distribution of any fish are subject to the control of the Authority pursuant to subsection ( 1 ) , the Authority may, if in its opinion it is necessary to do so for the orderly marketing and distribu tion of those fish, prohibit any trading society or fisherman from consigning or delivering more than a specified quan tity of any of those fish in its or his possession to any specified market or to the holder of any specified certificate of exemption under section 4 0 c .
(3 ) For the purposes of exercising the powers
conferred on it under subsection ( 2 ) , the Authority may, either generally or in respect of any particular case, require a trading society or fisherman to furnish the Authority with information in the possession of that society or fisherman, as the case may be, relating to the quantity of any species of fish that has been or is to be landed in any district or any part thereof for sale.
(4 ) A trading society that, or a fisherman who—
(a) does anything it or he is prohibited from doing
under subsection ( 2 ) ; or
S C H E D U L E 4—continued.
A M E N D M E N T S TO PART I I I (DIVISION 6A E X C E P T E D ) OF THE PRINCIPAL ACT—continued.
(b) fails to do anything it or he is required to do under subsection ( 3 ) , after being notified, either orally or in writing, of the prohibition or requirement, as the case may be, is guilty of an offence.
(38) (a ) Section 42 ( 1 ) — Omit "and in one or more newspapers circulating in the locality in which the operations are carried on".
(b) Section 42 ( 4 A ) , ( 4 B ) , ( 4 C ) —
After section 42 ( 4 ) , i n se r t :— (4A) A person who, under subsection ( 1 ) , is
required to furnish a return shall keep a copy of the return for a period of one year after it has been
furnished and shall make the copy available for inspection by an inspector on demand. (4B) A person authorised in writing by the
Director may, or an inspector may, for the purpose of checking the information in a return under this section, at all times enter a market, shop, place of business, cool store, smokehouse, cannery or factory, or any other place, where any operation referred to in subsection (2 ) is carried on by the person who furnished the return and inspect any books of account, records or other documents relating to that operation.
SCHEDULE 4—continued.
A M E N D M E N T S TO PART I I I (DIVISION 6A E X C E P T E D ) OF THE PRINCIPAL ACT—continued.
( 4 c ) A person who carries on any operation referred to in subsection (2) shall, where the Director gives him notice in writing so to do, produce for inspection by a person specified in the notice all books of account, records and other documents which are in the possession or under the control of the person who carries on that operation and which relate to that operation.
(c) Section 42 ( 5 ) —
After "such return", insert ", or otherwise fails to comply with any provision of. this section,".
SCHEDULE 5.
A M E N D M E N T S TO DIVISION 6A OF PART I I I OF THE
PRINCIPAL A C T .
| (1) | ( a ) | Section 41A ( 2 ) , | ( 3 ) , | ( 3 A ) , ( 4 ) , | ( 5 ) , | ( 6 ) , ( 6 A ) — |
Omit section 41A ( 2 ) - ( 6 ) , insert instead :—
(2) The Authority shall consist of—
(a) six members appointed by the Governor, of whom— (i) two shall be appointed to represent fishermen and shall be nominated by the Minister;
(ii) three shall be fishermen elected in accordance with the regulations; and
SCHEDULE 5—continued.
A M E N D M E N T S TO DIVISION 6A OF PART HI OF THE PRINCIPAL A C T —continued.
(iii) one shall be appointed to represent consumers of fish; and
(b) the Director. (3 ) Regulations made for the purposes of
subsection (2 ) (a ) (ii) shall make provision—
(a) for the division of the State into 3 zones and for one fisherman to be elected from each zone by the fishermen who reside in that zone and who possess such other qualifications as may be prescribed; (b) for the voting at the election to be by postal ballot; and (c) for the preferential system of voting at the election.
(3A) The Deputy Director, New South Wales State Fisheries, may attend any meeting of the Authority that the Director is unable for any reason to attend and at that meeting—
(a) shall have and may exercise and perform the powers, authorities, duties and functions of the Director; and (b) shall be deemed to be a member of the Authority. (4 ) On the occurrence of a vacancy in the office of an appointed member of the Authority other wise than by the expiration of the term for which he was appointed, the Governor may appoint a person to fill the vacant office so that the Authority is constituted as required by subsection ( 2 ) .
SCHEDULE 5—continued.
| A M E N D M E N T S TO DIVISION 6A OF PART | III | OF THE PRINCIPAL A C T |
—continued.
( 5 ) Where the Governor is unable to
appoint a member of the Authority under subsection
( 2 ) (a ) (ii) or ( 4 ) because of the failure of any
election, the Minister may nominate any fisherman for that appointment, and he shall be deemed to have been elected in accordance with the regulations.
( 6 ) An appointed member of the Author
ity shall, subject to this Act, hold office for such term not exceeding 5 years as may be specified in the instrument of his appointment and is, if otherwise qualified, eligible for reappointment from time to time.
( 6 A ) One of the appointed members of the
Authority referred to in subsection ( 2 ) (a ) (ii) shall, in and by the instrument of his appointment or a subsequent instrument, be appointed by the Governor as chairman of the Authority.
(b ) Section 4 1 A ( 7 A ) — Omit the subsection.
(c) Section 4 1 A ( 8 ) — Omit "member (other than the chairman)", insert instead "appointed member".
(d ) Section 4 1 A ( 9 ) — Omit "A member", insert instead "An appointed member".
SCHEDULE 5—continued.
A M E N D M E N T S TO DIVISION 6A O F P A R T III O F THE PRINCIPAL A C T —continued.
(e) Section 41A ( 9 ) ( d ) — Omit the paragraph, insert instead :—
(d)
becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;
(f) Section 41A ( 9 ) ( f ) — Omit "or" where secondly occurring.
(g) Section 41A ( 9 ) (g), ( h ) —
Omit section 41A ( 9 ) ( g ) , insert instead :—
(g) being a member referred to in subsection (2)
(a) ( i i ) , ceases to be a fisherman; or (h) attains the age of 70 years.
(h) Section 41A ( 1 0 ) —
Omit "the chairman or any member", insert instead "any appointed member of the Authority". ( i) Section 41A ( 1 1 ) —
Omit the subsection, insert instead :—
(11) A person who is of or above the age of 70 years is not eligible for appointment as a member of the Authority.
(j) Section 41A ( 1 2 ) —
Omit "two", insert instead "3".
SCHEDULE 5—continued.
| A M E N D M E N T S TO DIVISION 6A O F PART | III | OF THE PRINCIPAL | A C T |
—continued.
(k ) Section 4 1 A ( 1 7 ) — Omit "or any Act amending that Act,".
(1) Section 4 1 A ( 1 7 ) — Omit "any such Act", insert instead "that Act".
(m) Section 41A ( 1 8 ) — Omit the subsection.
| (2) | Section 4 1 B ( 3 ) — |
Omit "the chairman or, during his absence from duty, of the deputy chairman and the chairman or deputy chairman, as the case may be, shall attest by his signature", insert instead "at least 1 member of the Authority and that member shall attest by his signature".
| (3) | (a ) | Section 41c (2) | (f) | ( i i ) , (iii) ( a ) , ( i v ) — |
Omit ", as amended by subsequent Acts" wherever occurring.
(b) Section 41c (2) (f) (iii) ( a ) —
Omit "or any amendment thereof," wherever occurring.
| (4 ) | (a ) | Section 4 1 D (1) | (b) | (v ) , ( v i ) — |
Omit "boxes" wherever occurring, insert instead
"containers".
(b) Section 4 1 D (1) (b) ( v i ) — Omit "as may be agreed upon", insert instead "as may be determined by the Authority".
SCHEDULE 5—continued.
A M E N D M E N T S TO DIVISION 6A OF PART I I I OF THE PRINCIPAL A C T —continued.
(c) Section 4 1 D (1) (b ) (v i i )— Omit "or any part thereof .
(d) Section 4 1 D ( 2 ) — Omit the subsection.
(e) Section 4 1 D ( 3 ) — Omit "as amended by subsequent Acts,".
(5 ) (a ) Section 4 1 E ( 1 ) — After "market", insert ", being a market conducted, managed, established or maintained by the Authority,".
(b ) Section 4 1 E (2) ( a ) — After "market", insert "referred to in subsection
( 1 ) " .
(6) (a ) Section 41I ( c ) — Omit "chairman and".
(b) Section 41I ( d ) —
Omit "wharves.", insert instead "wharves;".
(c) Section 41I ( e ) , ( f ) —
After section 41I ( d ) , insert :—
(e)
any expenditure that the Authority may approve for the purpose of research into the marketing of fish; and
SCHEDULE 5—continued.
| A M E N D M E N T S TO DIVISION 6A OF PART I I I O F THE PRINCIPAL | A C T |
—continued.
(f)
any advance made pursuant to section 41D (1) (b ) (vii) .
(7 ) (a ) Section 41s—
Omit "or the Under Secretary".
(b ) Section 41s—
Omit "or such Under Secretary, as the case may be,".
SCHEDULE 6.
A M E N D M E N T S TO PART I V OF THE PRINCIPAL A C T . ( 1 ) Section 44 ( 1 ) — Omit "hatching, rearing, distribution,", insert instead
"distribution".
(2 ) Section 4 5 — Omit the section.
(3 ) ( a ) Section 4 6 — Omit "Governor", insert instead "Minister".
(b) Section 4 6 —
Omit "this Part or the regulations made in relation to any of the matters referred to therein", insert instead "this Act".
SCHEDULE 6—continued.
A M E N D M E N T S TO PART I V OF THE PRINCIPAL ACT—continued.
(4) (a ) Section 47 (1)- Omit "Colonial Treasurer", insert instead "Minister".
(b) Section 47 ( 1 ) — Omit ", and shall be published once at least in a newspaper circulating within the area in respect of which the society is registered".
(c) Section 47 ( 2 ) — Omit "the space of three months", insert instead "a period of 3 months, or such longer period as the Minister may determine in a particular case,".
(3) Section 20 ( 3 ) —
Omit "shall be liable to a penalty not exceeding forty dollars", insert instead "is guilty of an offence".
(4) Section 21 ( 4 ) —
Omit the subsection.
(5) Section 23 ( 8 ) — Omit "shall, unless the boat is licensed, be liable to a
penalty of not less than two dollars for a first offence and not less than ten dollars for a second or subsequent offence", insert instead "is guilty of an offence unless the boat is licensed".
(6) (a) Section 24 ( 1 ) —
Omit "shall", insert instead "is".
(b) Section 24 (1)- Omit "be liable to a penalty of not less than two dollars and not exceeding fifty dollars for a first
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
offence and not less than ten dollars nor more than one hundred dollars for a second or subsequent offence", insert instead "guilty of an offence".
(7) Section 25 ( 7 ) —
Omit "shall be liable to a penalty of not less than two dollars for a first offence and not less than ten dollars for a second or subsequent offence", insert instead "is guilty of an offence".
(8) Section 25B (7 )—
Omit "forty dollars for a first offence and to a penalty of not more than one hundred dollars for a second or subsequent offence", insert instead "$100".
(9) Section 26 (1 )—
Omit "four dollars", insert instead "$20".
| (10) Section 27 (3 )— |
Omit "shall for a first offence be liable to a penalty not exceeding ten dollars, and for a subsequent offence to a penalty of not less than ten dollars and not exceeding forty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $500".
(11) Section 28—
Omit "shall for a first offence be liable to a penalty not exceeding ten dollars and for a second or subsequent
| 67880 | G | 3 9 I A |
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
offence shall be liable to a penalty of not less than ten dollars and not exceeding forty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $500".
(12) (a) Section 29 (1 )—
Omit "shall, for a first offence be liable to a penalty not exceeding ten dollars and for a second or subse quent offence shall be liable to a penalty of not less than ten dollars and not exceeding forty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $200".
(b) Section 29 (2 )—
Omit ", shall for every such offence be liable to a penalty not exceeding twenty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $200".
(13) (a) Section 30 (1 )—
Omit "shall for every such offence be liable to a penalty not exceeding twenty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $200".
(b) Section 30 (2 )—
Omit ", shall for every such offence be liable to a penalty not exceeding twenty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $200".
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
(14) Section 32—
Omit "shall for every such offence be liable to a penalty not exceeding twenty dollars", insert instead "is guilty of an offence".
(15) (a) Section 33 ( 1 ) —
Omit ", shall for every such offence be liable to a penalty of not less than twenty dollars and not exceed ing one hundred dollars", insert instead "is guilty of an offence".
(b) Section 33 ( 2 ) —
Omit ", shall for every such offence be liable to a penalty not exceeding one hundred dollars", insert instead "is guilty of an offence".
(16) (a) Section 34 (1 )—
penalty of not less than twenty dollars and not exceed Omit ", shall for every such offence be liable to a ing one hundred dollars", insert instead "is guilty of an
offence".
(b) Section 34 (2 )—
Omit "shall for every such offence be liable to a penalty not exceeding one hundred dollars, and where the offence is a continuing one to a penalty not exceeding ten dollars for each day during which the offence continues", insert instead "is guilty of an offence".
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
(17) Section 36 (4) (b )—
Omit "shall be liable for a first offence to a penalty not exceeding ten dollars and for a second or any subsequent offence to a penalty of not less than ten dollars and not exceeding forty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $100".
(18) Section 37—
After "offence" where firstly occurring, insert "and liable to a penalty not exceeding $100".
(19) Section 38 (2 )—
Omit "shall be guilty of an offence, and shall be liable to a penalty not exceeding two dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $50".
(20) Section 40B (4 )—
Omit "shall, upon conviction before a police or stipendiary magistrate or any two justices, be liable to a penalty not exceeding one hundred dollars", insert instead "is guilty of an offence".
(21) Section 40c (4) ( a )—
Omit "shall be liable to a penalty not exceeding one hundred dollars", insert instead "is guilty of an offence".
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL A C T RELATING TO PENALTIES
FOR OFFENCES—continued.
| (22) | Section 41E ( 3 ) — |
Omit "shall be liable to a penalty not exceeding one hundred dollars", insert instead "is guilty of an offence".
(23) Section 42 (5 )—
Omit "shall be guilty of an offence", insert instead "is guilty of an offence and liable to a penalty not exceeding $100".
(24) Section 54—
Omit "shall be guilty of an offence", insert instead "is guilty of an offence and liable to a penalty not exceeding $100".
(25) Section 56—
Omit "shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred dollars", insert instead "is guilty of an offence".
| (26) Section 68 (1 )— |
Omit "shall be guilty of an offence and shall be liable to a penalty of not less than twenty dollars", insert instead "is guilty of an offence".
(27) Section 80—
Omit "incur a penalty not exceeding forty dollars", insert instead "be guilty of an offence".
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
(28) Section 81 (3 )—
Omit ", shall be guilty of an offence and shall be liable to a penalty of not less than twenty dollars", insert instead "is guilty of an offence".
(29) Section 82 (3 )—
Omit "liable for a first offence to a penalty of not less than ten dollars, nor more than one hundred dollars, and for a subsequent offence to imprisonment for a term not exceeding six months", insert instead "guilty of an offence".
(30) Section 84—
Omit "liable to a penalty not exceeding forty dollars", insert instead "guilty of an offence".
(31) (a) Section 85 (2 )—
Omit "shall take", insert instead "takes".
(b) Section 85 (2 )— Omit "shall be liable to a penalty of not more than ten dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $50".
(32) Section 86—
Omit "shall be liable for the first offence to a penalty of not less than ten dollars and not exceeding forty dollars, and for the second and every subsequent offence to imprison ment for a term of not less than two months", insert instead "is guilty of an offence".
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
(33) Section 87 (4 )—
Omit "shall be liable to a penalty of not less than four dollars nor more than forty dollars, and shall be", insert instead "is guilty of an offence and liable to a penalty not exceeding $200 and is".
(34) (a) Section 90(4)—
Omit "shall be liable upon conviction to a penalty not exceeding twenty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $100".
(b) Section 90 (5 )—
Omit "Any such person who, on the demand being made by an inspector, neglects or refuses to produce his license shall be liable upon conviction to a penalty not exceeding four dollars.".
| (35) (a) Section 103 (1 )— |
Omit "shall for every such offence be liable to a penalty not exceeding twenty dollars", insert instead "is guilty of an offence".
(b) Section 103 (2 )—
Omit "shall for every such offence be liable to a penalty of not less than twenty dollars and not exceeding one hundred dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $500".
SCHEDULE 12—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
(c) Section 103 ( 3 ) —
Omit "shall impersonate an inspector shall be guilty of an offence and shall be liable to a penalty not exceeding forty dollars", insert instead "impersonates an inspector is guilty of an offence".
(36) Section 104—
Omit "he shall for every such offence be liable to a penalty not exceeding ten dollars", insert instead "he is guilty of an offence and liable to a penalty not exceeding $50".
(37) (a) Section 106 (1 )—
Omit the subsection, insert instead :—
(1) A person guilty of an offence under this Act is, where no specific penalty is provided for the offence, liable to a penalty not exceeding $500.
(b) Section 106 (2 )—
Omit "any act which by this Act is declared to be an offence and which is", insert instead "an offence under this Act".
(38) Section 109 (2 )—
Omit "shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one hundred dollars", insert instead "is guilty of an offence".
SCHEDULE 12-—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO PENALTIES
FOR OFFENCES—continued.
(39) Section 114—
Omit "shall be liable to a penalty of not less than ten dollars and not exceeding forty dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $500".
(40) Section 116—
Omit "shall be liable for a first offence to a penalty of not less than four dollars, and for any subsequent offence to a penalty of not less than ten dollars", insert instead "is guilty of an offence and liable to a penalty not exceeding $500".
(41) Section 117—
Omit "shall be guilty of an offence and shall be liable to a penalty not exceeding forty dollars", insert instead "is guilty of an offence".
| 6 7 8 8 0 G - 3 9 I B |
SCHEDULE 13.
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS.
1. A person who, immediately before the commencement of Schedule 2 (2) , holds office—
(a)
under section 6 of the Principal Act as an honorary inspector of fisheries; or
(b)
under section 7 of the Principal Act as a member of an honorary vigilance committee,
ceases at that commencement to hold that office.
2. (1) A delegation made by the Minister to the Under Secretary under section 8A of the Principal Act and in force immediately before the com mencement of Schedule 2 (4) shall, on and from that commencement and until revoked by the Minister, be deemed to have been made by the Minister to the Director pursuant to section 8A of the Principal Act, as amended by this Act.
(2) A delegation made by the Under Secretary under section 8A of the Principal Act and in force immediately before the commencement of Schedule 2 (4) shall, on and from that commencement and until revoked by the Director, be deemed to have been made by the Director pursuant to section 8A of the Principal Act, as amended by this Act.
3. An approval or authorisation under section 17 (1) or (2) of the Principal Act in force immediately before the commencement of Schedule 2 (12) shall, on and from that commencement, be deemed to be an authorisation under section 17 (2A) of the Principal Act, as amended by this Act, of the activity previously approved or authorised.
4. A notification or proclamation under section 18 of the Principal Act in force immediately before the commencement of Schedule 4 (1) shall, on and from that commencement, be deemed to be a notification under section 18 of the Principal Act, as amended by this Act, and, except in so far as it is rescinded or altered under that section, as so amended, remains in force until it would have expired had that section of the Principal Act not been amended by this Act. 5. A proclamation under section 20 of the Principal Act in force immediately before the commencement of Schedule 4 (4) shall, on and from that commencement, be deemed to be an order taking effect at that commencement under section 20 of the Principal Act, as amended by this Act.
SCHEDULE 13—continued.
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—continued.
6. (1) Notwithstanding anything in section 20A of the Principal Act,
as amended by this Act, a person is not guilty of an offence under that
section in respect of anything done before the prescribed day for that
person.
(2) For the purposes of subclause (1) of this clause, the prescribed day for a person referred to in that subclause is the later, or latest, of—
(a) the day that is 3 months after the day on which Schedule 4 (5) commences;
(b) where that person duly applies, on or after the day on which Schedule 4 (5) commences and before the day that is 3 months after that day, for a license under section 20A of the Principal Act, as amended by this Act— (i) the day on which he is issued with a license under that
section; or
(ii) the day on which he is notified that he will not be issued
with such a license,
as the case may be;
(c)
where a person referred to in paragraph (b) is notified as referred to in paragraph (b) (ii)—the day after the last day on which he may appeal under section 119 of the Principal Act, as amended by this Act, against the refusal to grant him the license; and
(d)
where a person referred to in paragraph (c) duly lodges an appeal so referred to—
(i) the day on which the appeal is dismissed; or
(ii) where the appeal is upheld, the day on which he is issued with the license,
as the case may be.
7. Where a license under section 23, 24, 25 or 25B of the Principal Act
is in force immediately before the commencement—
(a) in the case of a license under section 23 of the Principal Act—of Schedule 4 (11) (b) ;
(b) in the case of a license under section 24 of the Principal Act—of Schedule 4 (12) (b ) ;
(c) in the case of a license under section 25 of the Principal Act—of Schedule 4 (14); or
S C H E D U L E 13—continued. SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—continued.
(d) in the case of a license under section 25B of the Principal Act— of Schedule 4 (16) , the license continues in force on and after that commencement for the residue of the term for which it was issued and so continues as if it had been issued under the corresponding provision of the Principal Act, as amended by this Act.
8. Where—
(a) a net is, immediately before the commencement of Schedule 4 (20), registered in pursuance of section 26 of the Principal Act;
and
(b) the net is a net that, immediately after that commencement, is registrable in accordance with the regulations under the Principal
Act, as amended by this Act,the net shall be deemed to be a net registered in accordance with those
regulations.9. Where a consent under section 40a of the Principal Act is in force immediately before the commencement of Schedule 4 (36) , the consent shall be deemed to be a consent issued at that commencement under section
40D of the Principal Act, as amended by this Act, for the residue of the
term for which it was issued under the Principal Act.
10. (1) Where a certificate of registration under section 40B of the
Principal Act is in force immediately before the commencement of Schedule
4 (36) , the certificate shall be deemed to be a certificate of exemption issued at that commencement under section 40c of the Principal Act, as amended by this Act. (2) Where, by the operation of subclause (1) of this clause, a
certificate of registration is deemed to be a certificate of exemption—
(a) the certificate of exemption shall be subject to the condition that the exemption applies only to the sale of canned fish;
(b) the same conditions shall be deemed to have been specified in the certificate of exemption as were specified in the certificate of
registration; and(c) the certificate of exemption continues in force, unless sooner cancelled, for the residue of the term for which the certificate of
registration was issued.
S C H E D U L E 13—continued.
SAVINGS, TRANSITIONAL AND O T H E R P R O V I S I O N S — continued.
1 1 . ( 1 ) Where a license unde r section 4 0 c of the Principal Act is in force immediately before the commencemen t of Schedule 4 ( 3 7 ) . the license shall be deemed to be a certificate of exemption issued at that commencemen t u n d e r section 4 0 c of the Principal Act, as amended by this Act .
(2 ) Where , by the operat ion of subclause (1 ) of this clause, a license is deemed to be a certificate of exempt ion—
(a) the certificate of exemption shall be subject to the condition that the exemption applies only to the sale by wholesale at the premises specified in the license of fish which have been taken by the person to w h o m the license was issued or which have been purchased from a fisherman:
(b) the same conditions shall be deemed to have been specified in the certificate of exemption as were specified in the license; and
(c) the certificate of exemption continues in force, unless sooner cancelled, for the residue of the t e rm for which the license was issued.
12. A n approval given by the Governor under section 10A of the Co operat ion Act, 1923, and in force immediately before the commencemen t of Schedule 4 (37 ) shall be deemed to be an approval given by the Minister u n d e r section 4 0 E of the Principal Act, as amended by this Act ,
| at that | commencemen t . |
13. ( 1 ) On the day appointed and notified under section 2 (3 ) for the
commencemen t of Schedule 5 ( 1 ) the Fish Market ing Author i ty shall be
| Act . | reconstituted in accordance with the Principal Act, as amended by this |
| ( 2 ) A person who, immediately before the day referred to in sub clause (1 ) of this clause, holds office as a member of the Fish Market ing Author i ty ceases on that day to hold that office. | |
| ( 3 ) Noth ing in this Act prejudices or affects in any way the con tinuity of the body corpora te constituted under section 41A of the Principal Act | |
| 14. Where , immediately before the commencement of Schedule 6 ( 6 ) , any lands are, pursuant to section 49 of the Principal Act, unde r the control and management of an acclimatisation society, the lands cont inue under that control and management after that commencement as if tha t section had not been repealed. |
S C H E D U L E 13—continued.
SAVINGS, TRANSITIONAL A N D O T H E R PROVISIONS—continued.
15. Where, immediately before the commencement of Schedule 6 ( 7 ) ,
a permit is in force under section 49A of the Principal A c t —
(a) the permit continues in force after that commencement until its expiry date as if that section had not been repealed; and
(b)
Part VA of the Principal Act, as amended by this Act, does not, while the permit continues in force, apply in respect of the waters in respect of which the permit applies.
16. Where—
(a) before the commencement of Schedule 7 ( 2 ) , land was the subject of a lease purporting to have been granted under Part V of the Principal Act; and (b) the land could have been leased under Part V of the Principal
Act, as amended by this Act, had that Part, as so amended, been in force at the time of the purported grant of the lease,
the lease is not, and shall be deemed never to have been, invalid by reason only of the fact that the land the subject of the lease was vested in a public authority or in trustees for public recreation or for any other public purpose.
17. In Part V of the Principal Act, "Crown lands" and "recognised hauling ground" have, until the commencement of Schedule 7, the meanings respectively ascribed thereto in section 4 (1 ) of the Principal Act, as in force immediately before the date of assent to this Act.
18. Where an application under section 58 of the Principal Act has not. before the commencement of Schedule 7 ( 2 ) , been granted or refused, the application may be dealt with as if it were an application referred to in section 58 of the Principal Act, as amended by this Act, and shall be so dealt with as if Schedule 7 ( 2 ) had commenced immediately before the making of the application.
19. A lease under Part V of the Principal Act that is in force immediately before the commencement of Schedule 7 ( 2 ) shall be deemed to have been duly granted under Part V of the Principal Act, as amended by this Act, notwithstanding that that Part, as so amended, was not in force at the time the lease was granted and shall be deemed to have been so granted for a term equivalent to the residue of the term for which it was originally granted.
S C H E D U L E 13—cont inued.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—continued.
20 . Where the rental of a lease was determined pursuant to section 59 of the Principal Act, as in force immediately before the commencement of Schedule 7 ( 3 ) , the rental of that lease shall, on and after that commence ment, be deemed to have been determined pursuant to that section, as amended by this Act.
2 1 . The prohibition in a notification in force under section 80 or 82 of the Principal Act immediately before the commencement of Schedule 7 shall be deemed on and after that commencement to be a prohibition imposed by an order in force under section 80 of the Principal Act, as amended by this Act.
22 . Notwithstanding anything in Part V A of the Principal Act, as amended by this Act, a person is not guilty of an offence under section 90B of that Act, as so amended, in respect of anything done before—
(a ) the day that is one month after the commencement of that Part; or
(b) where that person duly applies after that commencement and before the day referred to in paragraph (a) for a permit under
section 9 0 c of the Principal Act, as so amended—( i ) the day on which he is issued with such a permit; or
(ii) the day on which he is notified that he will not be issued
with such a permit,
as the case may be,
whichever is the later.
23 . Part V B of the Principal Act, as amended by this Act, does not apply to works of dredging or reclamation authorised or undertaken before the commencement of that Part.
24 . Sections 92 to 102, both inclusive, and section 109, of the Principal Act continue to apply on and after the commencement of Schedule 9 (4 ) to and in respect of all fish, engines, nets and other articles seized before that commencement, and the corresponding sections of the Principal Act, as amended by this Act, do not apply in respect thereof.
S C H E D U L E 13—cont inued.
SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—continued. 2 5 . No th ing in this Schedule affects any saving in the Interpre ta t ion Act,
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