Fisheries Management Act 1994 Fisheries Management (General) Amendment (Fisheries Resource Conservation and Assessment Council) Regulation 2000 (2000-757) [GG No 169A of 22.12.2000, p 13911] (NSW)
2000 No 757
Fisheries Management (General)New South Wales
Amendment (Fisheries Resource
Conservation and Assessment
Council) Regulation 2000
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, M.L.C.,
Minister for Fisheries
Explanatory note
The object of this Regulation is to make provision for the appointment of members of, and the procedure of, the Fisheries Resource Conservation and Assessment Council.
The Fisheries Resource Conservation and Assessment Council has the function of advising on the preparation and revision of fishery management strategies under Part 1A of the Fisheries Management Act 1994. The Act requires that the Council be made up of representatives of commercial fishers and recreational fishers, aquaculture industry representatives, conservation and environmental representatives, indigenous representatives and government representatives.
This Regulation sets out a procedure for the nomination of persons for appointment example, by providing for vacancies in office) and the procedure of the Council.
as members of the Council.
Published in Gazette No 169A of 22 December 2000, page 13911 Page 1
[8]
2000 No 757
Fisheries Management (General) Amendment (Fisheries Resource Conservation and
Assessment Council) Regulation 2000
Explanatory note
This Regulation is made under the Fisheries Management Act 1994, including sections 228A (9) and (10), 228C and 289 (the general regulation-making power).
2000 No 757
| Fisheries Management (General) Amendment (Fisheries Resource | Clause 1 |
| Conservation and Assessment Council) Regulation 2000 |
Fisheries Management (General) Amendment
(Fisheries Resource Conservation and Assessment
Council) Regulation 2000
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment (Fisheries Resource Conservation and Assessment Council) Regulation 2000.
2 Commencement
This Regulation commences on 22 December 2000.
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.
2000 No 757
Fisheries Management (General) Amendment (Fisheries Resource
Conservation and Assessment Council) Regulation 2000
| Schedule 1 | Amendment |
| Schedule 1 | Amendment |
(Clause 3)
Part 11, Division 1AA
Insert after Division 1 of Part 11:
Division 1AA Fisheries Resource Conservation and
Assessment Council
229AA Definitions
In this Division:
Council means the Fisheries Resource Conservation and
Assessment Council established by the Act.member means a member of the Council.
229AB Government representatives (1) The government representatives on the Council are to be officers or employees of the government agencies referred to in the first column of the table at the end of this clause, appointed by the Minister for Fisheries on the nomination of the Minister referred to in the second column of the table, next to the agency concerned.
(2) If a Minister referred to in the table declines or fails to nominate a person for appointment to the Council, the Minister for Fisheries is not required to appoint an officer or employee of the agency concerned as a member of the Council.
Government representatives
National Parks and Wildlife Minister for the Environment Service Department of Urban Affairs and Minister for Urban Affairs and Planning Planning Department of Land and Water Minister for Land and Water Conservation Conservation
2000 No 757
Fisheries Management (General) Amendment (Fisheries Resource
Conservation and Assessment Council) Regulation 2000
| Amendment | Schedule 1 |
Environment Protection Authority Minister for the Environment NSW Fisheries Minister for Fisheries
229AC Other representatives (1) The Minister may request nominations for appointment of members of the Council from any organisation, group or body that the Minister considers to have a sufficient interest in the area that the member concerned is required to represent.
(2)
The Minister must request the organisations, groups or bodies referred to in the first column of the following table to nominate one or more persons for appointment as representatives of a kind referred to in the second column, next to the organisation or body concerned.
Nomination of representatives
Advisory Council on Recreational Recreational fishing Fishing representatives Advisory Council on Commercial Commercial fishing Fishing representatives Nature Conservation Council Conservation and Advisory Council on Fisheries environmental representatives Conservation Advisory Council on Aquaculture Aquaculture industry
representativesNew South Wales Aboriginal Land Indigenous representatives Council (3) The Minister is to request nominations for appointment by notice in writing given to the organisation, group or body being requested to make the nomination.
(4)
The Minister may also request nominations for appointment by causing a notice, inviting nominations for appointment, to be published in a newspaper.
(5)
After requesting nominations, the Minister is to allow at least 30 days for receipt of those nominations, before appointing a person to fill the position concerned.
2000 No 757
Fisheries Management (General) Amendment (Fisheries Resource
Conservation and Assessment Council) Regulation 2000
| Schedule 1 | Amendment |
(6)
Except as required by section 228A (7) (a) and (b) of the Act, the Minister is not required to appoint a person who is nominated for appointment as a member of the Council.
(7)
This clause applies in respect of all members of the Council, other than the chairperson of the Council and the government representatives.
229AD Members and procedure of Council (1) Schedule 2 to the Act (clause 9 excepted) applies to the Council and to the members of the Council in the same way as it applies to the Total Allowable Catch Setting and Review Committee and the members of that Committee, subject to this clause.
(2)
If the office of a member becomes vacant, the Minister is not required to appoint a person to fill the vacancy, except as required by section 228A of the Act.
(3) The Minister may, if the Minister considers it appropriate, appoint a person to fill such a vacancy on an interim basis, during the period required to request, receive and consider nominations for appointment to the position.
(4) A person appointed on an interim basis may be, but is not required to be, a person previously nominated for appointment to the position.
(5)
If the vacancy is in the position referred to in section 228A (7) (a) and (b) of the Act, the position must be filled by a person nominated, or previously nominated, by a group or body referred to in those provisions.
(6) A quorum for a meeting of the Council is not affected by the
requirements of section 228A (11) and (12) of the Act.
BY AUTHORITY
0
0
0