Fisheries Management Act 1994 Fisheries Management (Aquaculture) Amendment (Administration) Regulation 1999 (1999-561) [GG No 122 of 22.10.1999, p 10031] (NSW)

1999 No 561

Fisheries Management (Aquaculture) New South Wales

Amendment (Administration)

Regulation 1999

under the

Fisheries Management Act 1994

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.

The Hon EDWARD OBEID, O.A.M., M.L.C.

Minister for Fisheries

Explanatory note
The object of this Regulation is to make changes to administrative arrangements relating to the New South Wales Shellfish Quality Assurance Program as part of the transfer of administrative responsibility for the program from the Minister for Fisheries and the Director of Fisheries to the Minister for Agriculture and the Chief Executive Officer of Safe Food Production NSW. In particular, the amendments:

(a)

require the Minister for Fisheries to obtain the concurrence of the Minister for Agriculture before carrying out the following functions with respect to shellfish quality assurance and depuration of oysters:

(i)	determining the New South Wales Shellfish Quality Assurance Program,
(ii)	appointing and removing from office members of the New South Wales Shellfish Quality Assurance Committee and local shellfish quality assurance committees,
(iii)	approving local shellfish quality assurance programs, extending time for submission of draft programs and determining and varying programs,

Published in Gazette No 122 of 22 October 1999, page 10031

Page 1

[8]

1999 No 561

Fisheries Management (Aquaculture) Amendment (Administration) Regulation 1999

Explanatory note

(iv)  determining instalments of contributions for shellfish quality assurance programs and related matters,

(v)    determining the manner in which the trust account for the operation of the New South Wales Shellfish Quality Assurance Program is to be operated,

(vi)   functions relating to the selection and appointment, and rights to take part in decisions, of committee members, and

(b)

confer the following functions (currently exercised by the Director of NSW Fisheries) on the Chief Executive Officer of Safe Food Production NSW:

(i)	membership of the New South Wales Shellfish Quality Assurance Committee,
(ii)	registering depuration plants for oysters, including determining conditions of operation,

(iii) cancelling and suspending registration of depuration plants, and

(c) require the New South Wales Shellfish Quality Assurance Committee to advise both the Minister for Fisheries and the Minister for Agriculture about certain matters relating to the New South Wales Shellfish Quality Assurance Program.

This Regulation is made under the Fisheries Management Act 1994, including section 191 and section 289 (the general regulation-making power).

1999 No 561

Fisheries Management (Aquaculture) Amendment (Administration)	Clause 1
Regulation 1999

Fisheries Management (Aquaculture) Amendment
(Administration) Regulation 1999

1      Name of Regulation

This Regulation is the Fisheries Management (Aquaculture)
Amendment (Administration) Regulation 1999.

2 Amendment of Fisheries Management (Aquaculture) Regulation 1995

The Fisheries Management (Aquaculture) Regulation 1995 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

1999 No 561

Fisheries Management (Aquaculture) Amendment (Administration)

Regulation 1999

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 2)

[1]      Clause 12B Minister to determine plan to assure quality of shellfish

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister” wherever occurring in clause 12B (1) and (4).

[2]     Clause 12C Minister to appoint New South Wales and local committees

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister” wherever occurring in clause 12C (1), (2) (a), (3) and (6).

[3]      Clause 12C (2) (c)

Omit the paragraph. Insert instead:

(c) the other is to be the Chief Executive Officer of Safe Food Production NSW or, if the Chief Executive Officer has nominated an officer of Safe Food Production NSW as a member, that officer.

[4]      Clause 12C (5)

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister” where lastly occurring.

[5]      Clause 12D Responsibilities of New South Wales Shellfish Quality Assurance Committee

Insert “and the Minister for Agriculture” after “Minister” wherever occurring.

[6]      Clause 12E Responsibilities of local shellfish quality assurance committees

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister” in clause 12E (3).

1999 No 561

Fisheries Management (Aquaculture) Amendment (Administration)

Regulation 1999

Amendments Schedule 1

[7]      Clause 12E (4) (a)

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister” where lastly occurring.

[8]      Clause 12E (4)

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister” where lastly occurring.

[9]      Clause 12F Variation of local programs

Insert “and the Minister for Agriculture” after “Committee” wherever occurring.

[10]      Clause 12F (2)

Insert “and with the concurrence of the Minister for Agriculture” after
“concerned”.

[11]      Clause 12H Aquaculture permit holders to pay contributions for Shellfish Quality Assurance Programs

Insert “, with the concurrence of the Minister for Agriculture,” after
“determine” in clause 12H (6) (a).

[12]      Clause 12I Minister to establish and maintain New South Wales Shellfish Quality Assurance Program Trust Account

Insert “, with the concurrence of the Minister for Agriculture,” after
“determining” in clause 12I (5).

[13]      Clause 12J Money held in New South Wales Shellfish Quality Assurance Program Trust Account can be invested

Insert “, with the concurrence of the Minister for Agriculture,” after
“Minister”.

[14]      Clause 12O Registration of depuration plants by CEO of Safe Food Production NSW

Omit “Director” from clause 12O (1).
Insert instead “Chief Executive Officer of Safe Food Production NSW”.

1999 No 561

Fisheries Management (Aquaculture) Amendment (Administration)

Regulation 1999

Schedule 1 Amendments

[15]      Clause 12P Conditions of registration of depuration plants

Omit “Director” from clause 12P (1).
Insert instead “Chief Executive Officer of Safe Food Production NSW”.

[16]      Clause 12Q Other provisions relating to registration of plant

Omit “Director” wherever occurring from clause 12Q (2) and (3).
Insert instead “Chief Executive Officer of Safe Food Production NSW”.

[17]      Schedule 2 Provisions relating to members and procedure of committees

Insert at the end of clause 1:

(2) In this Schedule, a reference to the Minister in connection with a committee appointed under clause 12C is a reference to the Minister acting with the concurrence of the Minister for Agriculture.

BY AUTHORITY