Fisheries Management Act 1994 Fisheries Management (General) Amendment (Inland Restricted Fishery Endorsements) Regulation 1999 (1999-322) [GG No 76 of 2.7.1999, p 4609] (NSW)
1999 No 322
New South Wales
Fisheries Management (General)
Amendment (Inland Restricted
Fishery Endorsements) Regulation1999
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.
EDWARD OBEID, M.L.C.,
Minister for Fisheries
Explanatory note
The objects of this Regulation are:
(a)
to extend the closing date for certain applications for endorsement in the inland restricted fishery, so that any person who was authorised, before the commencement of the restricted fishery, to take fish for sale from inland waters remains eligible for an endorsement in the fishery until 31 July 2001, and
(b)
to provide for additional grounds for eligibility for a class D endorsement in the inland restricted fishery (a class D endorsement authorises the holder to take carp for sale from inland waters), and
(c)
to allow the Minister to cancel or suspend, or refuse to extend, a class D endorsement if the Minister is of the opinion that the holder has not attempted to take carp for 12 months, and
Published in Gazette No 76 of 2 July 1999, page 4609 Page 1 [8]
1999 No 322
Fisheries Management (General) Amendment (Inland Restricted Fishery
Endorsements) Regulation 1999
Explanatory note
| (d) | to extend the transitional arrangements for obtaining an endorsement in the inland restricted fishery, so that any person who was authorised, before the commencement of the restricted fishery, to take fish for sale from inland waters has until 30 June 1999 to submit his or her application for endorsement, and can continue to fish until that date and while the application is being processed. |
This Regulation is made under the Fisheries Management Act 1994, including sections 113, 116 and 289 (the general regulation-making power).
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Fisheries Management (General) Amendment (Inland Restricted Fishery Clause 1 Endorsements) Regulation 1999 Fisheries Management (General) Amendment
(Inland Restricted Fishery Endorsements)Regulation 1999
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment (Inland Restricted Fishery Endorsements) Regulation 1999.
2 Amendment of Fisheries Management (General) Regulation 1995
The Fisheries Management (General) Regulation 1995 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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Fisheries Management (General) Amendment (Inland Restricted Fishery
Endorsements) Regulation 1999
Schedule 1
Amendments
| Schedule 1 | Amendments |
(Clause 2)
Clause 135 Who may hold commercial fishing licence
Re-number the second paragraph (d) in clause 135 (1) as paragraph
(d1).
Clause 141 Classes of commercial fishing licences
Omit ‘‘or (d)’’ from the matter relating to a class 3 licence.
Insert instead ‘‘, (d) or (d1)’’.
Clause 200D Eligibility for endorsement
Omit clause 200D (1). Insert instead:
(1) Class A endorsement. A person is eligible for a class A endorsement if the Minister is satisfied that, immediately before the commencement of this Division, the person held a commercial fishing licence that authorised the person to take fish for sale from inland waters and the licence was unrestricted. However, the person is not eligible for a class A endorsement if the person was invited by the Director to elect to participate in the restricted fishery, and failed to elect to do so in accordance with that invitation by 30 October 1998.
Clause 200D (3), (4) and (5)
Omit the subclauses. Insert instead:
(3)
Class C endorsement. A person is eligible for a class C endorsement if the Minister is satisfied that, immediately before the commencement of this Division, the person held a commercial fishing licence that authorised the person to take fish for sale from inland waters and the licence was unrestricted.
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Fisheries Management (General) Amendment (Inland Restricted Fishery
Endorsements) Regulation 1999
Schedule 1
Amendments
(4) Class D endorsement. A person is eligible for a class D endorsement if the Minister is satisfied that, immediately before the commencement of this Division, the person held a commercial fishing licence or permit that authorised the person to take carp for sale from inland waters. (5) Class E endorsement. A person is eligible for a class E endorsement if the Minister is satisfied that, immediately before the commencement of this Division, the person held a commercial fishing licence that authorised the person to take native finfish for sale from inland waters and the licence was unrestricted.
[5] Clause 200D (7)
Omit the subclause. Insert instead:
(7) Closing date for applications under this clause. A person is not eligible for an endorsement under this clause unless the person applies for an endorsement, in accordance with clause 200G (1), by 31 July 2001. However, failure to do so does not prevent the person from becoming eligible for an endorsement under clause 200E or 200EA or by means of a transfer of endorsement that is permitted by this Division.
[6] Clause 200D (8)
Insert after clause 200D (7):
(8) In this clause: unrestricted, in relation to a commercial fishing licence, means that the conditions of the licence do not prevent the person from taking any particular species of fish or require the person to take fish only while under supervision.
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1999 No 322
Fisheries Management (General) Amendment (Inland Restricted Fishery
Endorsements) Regulation 1999
Schedule 1
Amendments
Clause 200EA
Insert after clause 200E:
200EA Class D endorsement—special grounds for eligibility
A person is eligible for a class D endorsement if:
(a) the person prepares and submits a business strategy that sets out the carp fishing operations proposed to be undertaken by the person, and (b) the Director is satisfied that:
(i) the person has experience with commercial fishing equipment, and (ii) thepersonisabletotakecarpin commercial quantities, and (iii) thepersonhasanadequatestrategyto minimise the accidental taking of species of fish other than carp, and (iv) the carp fishing operations proposed to be undertaken by the person are commercially viable and environmentally sustainable, and (v) the person satisfies the requirements of any licensing guidelines issued by the Director from time to time.
Clause 200H Endorsement of licence for further period
Insert after clause 200H (4) (f):
(f1)
in the case of an application relating to a class D endorsement, the applicant has, in the opinion of the Minister, not attempted to take carp for a period of 12 months, or
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Fisheries Management (General) Amendment (Inland Restricted Fishery
Endorsements) Regulation 1999
Schedule 1
Amendments
[9] Clause 200K Cancellation and suspension of endorsements
Insert after clause 200K (d):
(d1) in the case of a class D endorsement, the endorsement holder has, in the opinion of the Minister, not attempted to take carp for a period of 12 months, or
[10] Clause 200O Transitional arrangements
Omit ‘‘30 April 1999’’ wherever occurring.
Insert instead ‘‘30 June 1999’’.[11] Clause 200O (2) (a)
Omit ‘‘30 June 1999’’. Insert instead ‘‘31 July 1999’’.
BY AUTHORITY
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