Fisheries Management Act 1994 Fisheries Management (General) Amendment (Fish Receiver) Regulation 1999 (1999-575) [GG No 124 of 29.10.1999, p 10245] (NSW)

No judgment structure available for this case.

1999 No 575

Fisheries Management (General)

New South Wales

Amendment (Fish Receiver) 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.

HARRY WOODS, M.P.,
for

Minister for Fisheries

Explanatory note
The object of this Regulation is to amend the Fisheries Management (General) Regulation 1995 as a consequence of the deregulation of fish marketing and the amendments and repeals to various pieces of legislation made by the Fish Marketing Act 1994. This Regulation makes amendments dealing with the following matters:

(a)	the registration of two classes of fish receiver—Restricted Registered Fish Receivers (being registered fish receivers who are commercial fishers whose registration as a fish receiver is subject to a condition that the receiver must not receive fish for resale or other commercial use from any other commercial fisher) and Registered Fish Receivers (being all other registered fish receivers),
(b)	the fees payable for registration as a fish receiver,
(c)	additional grounds on which the Minister may refuse registration as a fish receiver, refuse to renew that registration or cancel or suspend that registration (being grounds relating to food safety and necessary development consent required by the Environmental Planning and Assessment Act 1979),
Published in Gazette No 124 of 29 October 1999, page 10245	Page 1
[12]
1999 No 575
Fisheries Management (General) Amendment Regulation 1999
Explanatory note
(d)	the prescription of a condition of registration that prohibits registered fish receivers from receiving or consigning fish in a container unless the container is labelled in a manner approved by the Director of NSW Fisheries,
(e)	the records that must be kept by registered fish receivers and the monthly reports that must be sent by registered fish receivers to the Director of NSW Fisheries (this requirement will not commence until 1 November 2000),
(f)	other provisions of a transitional or consequential nature.

Clause 217 of the Fisheries Management (General) Regulation 1995 currently prescribes minimum quantities of fish for the purposes of section 117 (2) (b) of the Act. A person receiving less than these prescribed quantities of fish from commercial fishers over the period prescribed in clause 217 is not required to be registered as a fish receiver. This Regulation omits the prescription of minimum quantities of fish in clause 217. Consequently the exemption contained in section 117 (2) (b) will no longer apply.

This Regulation is made under the Fisheries Management Act 1994, including sections 104 (4) (a), 117, 118, 119, 121, 123 and 289 (the general regulation- making power).

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation	Clause 1
1999

Fisheries Management (General) Amendment (Fish
Receiver) Regulation 1999

1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment
(Fish Receiver) Regulation 1999.

2 Commencement

This Regulation commences on 1 November 1999.

3 Amendment of Fisheries Management (General) Regulation 1995
The Fisheries Management (General) Regulation 1995 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation
1999

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 3)

[1] Clause 215, note

Omit “31 October 1997” from the note to clause 215.
Insert instead “1 November 1999”.
[2] Clause 217
Omit the clause. Insert instead:

217 Registration not required in certain cases

(1) For the purposes of section 117 (2) (e) of the Act, a person is not required to be registered in respect of fish received from a registered fish receiver.
(2) For the purposes of section 117 (2) (e) of the Act, a person is not required to be registered in respect of fish taken in the inland restricted fishery by the holder of an endorsed licence (within the meaning of Division 3A of Part 8 of this Regulation).

[3] Clauses 218A and 218B
Insert after clause 218:

218A Classes of registered fish receiver
For the purposes of section 118 (4) of the Act, the following classes of registered fish receiver are prescribed:

(a)

Restricted Registered Fish Receivers—being registered fish receivers who are commercial fishers and whose registration as a fish receiver is subject to a condition that the receiver must not receive fish for resale or other commercial use from any other commercial fisher,

(b)

Registered Fish Receiver—being all other registered fish receivers.

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation

1999

Amendments

Schedule 1

218B Fee to accompany application for registration as fish receiver
For the purposes of section 118 (2) of the Act, the prescribed fee in respect of an application for registration as a fish receiver is:

(a) in the case of an application for registration as a Restricted Registered Fish Receiver—$750, or
(b) in the case of an application for registration as a Registered Fish Receiver—$2,500.

[4] Clause 219 Grounds for refusing application for registration
Insert at the end of clause 219:
, or

(d) the Minister is not satisfied that the applicant has any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(e) the Minister is not satisfied that the applicant has the capacity to meet the requirements of the Food Act 1989 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under the Food Production (Safety) Act 1998).

[5] Clause 220 Renewal of registration
Insert at the end of clause 220:
, or

(f)

the Minister is not satisfied that the fish receiver has any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation
1999

Schedule 1

Amendments

(g) the Minister is not satisfied that the fish receiver has the capacity to meet the requirements of the Food Act 1989 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under the Food Production (Safety) Act 1998).

[6] Clause 221 Cancellation or suspension of registration
Insert at the end of clause 221:
, or

(d) the Minister is satisfied that the fish receiver does not have any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(e) the Minister is satisfied that the fish receiver does not have the capacity to meet the requirements of the Food Act 1989 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under the Food Production (Safety) Act 1998).

[7] Clause 221A
Insert after clause 221:

221A Fish consignments by registered fish receivers to be labelled
For the purposes of section 118 (5) (a) of the Act, it is a prescribed condition of registration that a registered fish receiver must not receive fish in a container or consign fish in a container for sale unless the container is labelled in a manner approved by the Director.

[8] Clause 225 Information to be included in records of sale and possession of fish
Insert at the end of clause 225 (1):

(f)

the price per kilogram, price per packet or price per unit of each species of fish sold,

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation

1999

Amendments

Schedule 1

(g) the total sales value of each species of fish sold,
(h) in respect of each sale, a unique identifying number allocated to the sale for the purposes of the record, being a number that is one of a sequence of unique identifying numbers where each subsequent sale is allocated the next number in the sequence.

[9] Clause 225 (2)
Insert at the end of the subclause:

(f) the price per kilogram, price per packet or price per unit of each species of fish purchased or otherwise acquired,
(g) the total value of each species of fish purchased or otherwise acquired,
(h) in respect of each purchase or acquisition, a unique identifying number allocated to the sale or acquisition for the purposes of the record, being a number that is one of a sequence of unique identifying numbers where each subsequent purchase or acquisition is allocated the next number in the sequence.

[10] Clause 225A
Insert after clause 225:

225A Records and monthly reports by registered fish receivers

(1)

For the purposes of section 119 (2) of the Act, a registered fish receiver must keep records that include the following information:

(a)

the marketing name and weight of each species of fish received for resale or other commercial use by the receiver,
(b) the date of receipt,

(c)

the full name and address of the person from whom the fish was received,

(d)

the price paid by the receiver per kilogram, price per packet or price per unit of each species of fish received,
(e) the total purchase value of each species of fish received.

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation
1999

Schedule 1

Amendments

(2) A registered fish receiver must prepare and send to the Director within 28 days after the end of each named month a report for that month containing the following information:

(a) the full name and address of the receiver or the receiver’s registration number (if applicable),
(b) the month (and year) to which the report relates,
(c) the marketing name and weight of each species of fish received for resale or other commercial use by the receiver during the month to which the report relates and the name of the person from whom the fish was received,
(d) the quantities of fish of each species that are held in stock by the receiver as at the end of the month to which the report relates.
(3) This clause commences on 1 November 2000. Accordingly, the first report under subclause (2) is due by 28 December for the month of November.

[11] Clause 226
Omit the clause. Insert instead:
226 Transitional

(1)

A person who held an exemption, consent or approval under section 40C, 40D or 40E of the 1935 Act immediately before the repeal of those sections is taken to be registered as a fish receiver under Division 4 of Part 4 of the Act.
(2) The registration of a person pursuant to this clause:

(a)

if the person is a commercial fisher, is subject to the condition that the person must not receive fish for resale or other commercial use from any other commercial fisher, and

(b)

remains in force only for the period specified in the relevant exemption or consent or, in the case of an approval, remains in force until 1 July 2000.

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1999 No 575

Fisheries Management (General) Amendment (Fish Receiver) Regulation

1999

Amendments

Schedule 1

(3)

The Minister may, at any time, by notice in writing to a person taken to be a registered fish receiver in accordance with this clause, revoke, or vary any conditions of registration or add new conditions. This subclause does not apply to conditions of registration prescribed by the regulations under section 118 (5) (a) of the Act.

BY AUTHORITY

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Fisheries Management Act 1994 - Fisheries Management (General) Amendment (Fish Receiver) Regulation 1999 (1999-575) [GG No 124 of 29.10.1999, p 10245] (NSW)

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(1)	For the purposes of section 117 (2) (e) of the Act, a person is not required to be registered in respect of fish received from a registered fish receiver.
(2)	For the purposes of section 117 (2) (e) of the Act, a person is not required to be registered in respect of fish taken in the inland restricted fishery by the holder of an endorsed licence (within the meaning of Division 3A of Part 8 of this Regulation).

(a)	Restricted Registered Fish Receivers—being registered fish receivers who are commercial fishers and whose registration as a fish receiver is subject to a condition that the receiver must not receive fish for resale or other commercial use from any other commercial fisher,
(b)	Registered Fish Receiver—being all other registered fish receivers.

(a)	in the case of an application for registration as a Restricted Registered Fish Receiver—$750, or
(b)	in the case of an application for registration as a Registered Fish Receiver—$2,500.

(d)	the Minister is not satisfied that the applicant has any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(e)	the Minister is not satisfied that the applicant has the capacity to meet the requirements of the Food Act 1989 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under the Food Production (Safety) Act 1998).

(d)	the Minister is satisfied that the fish receiver does not have any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(e)	the Minister is satisfied that the fish receiver does not have the capacity to meet the requirements of the Food Act 1989 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under the Food Production (Safety) Act 1998).

(g)	the total sales value of each species of fish sold,
(h)	in respect of each sale, a unique identifying number allocated to the sale for the purposes of the record, being a number that is one of a sequence of unique identifying numbers where each subsequent sale is allocated the next number in the sequence.

(f)	the price per kilogram, price per packet or price per unit of each species of fish purchased or otherwise acquired,
(g)	the total value of each species of fish purchased or otherwise acquired,
(h)	in respect of each purchase or acquisition, a unique identifying number allocated to the sale or acquisition for the purposes of the record, being a number that is one of a sequence of unique identifying numbers where each subsequent purchase or acquisition is allocated the next number in the sequence.