Fisheries Management Act 1994 Fisheries Management (General) Amendment (Ministerial Advisory Councils) Regulation 1999 (1999-140) [GG No 27 of 5.3.1999, p 1579] (NSW)
1999 No 140
New South Wales
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. Bob Martin
Minister for Fisheries
X The object of this Regulation is to make provision for the establishment of ministerial advisory councils on commercial fishing, recreational fishing, fisheries research and fisheries conservation. The Regulation provides for the composition of the advisory councils, the term of office of members, vacancies in the office of members and the procedure for meetings of advisory councils. The Regulation also makes some minor amendments by way of law revision. This Regulation is made under the Fisheries Management Act 1994, including section 229 (Ministerial advisory bodies), section 231 (Regulations) and section 289 (the general regulation-making power).
Published in Gazette No 27 of 5 March 1999, page 1579 Page 1
| Clause 1 | Fisheries Management (General) Amendment (Ministerial Advisory Councils) Regulation 1999 |
| 1 Name of Regulation |
This Regulation is the Fisheries Management (General)
Amendment (Ministerial Advisory Councils) 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.
Fisheries Management (General) Amendment (Ministerial Advisory Councils) Regulation 1999
Amendments Schedule 1
(Clause 2)
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
estuary general restricted fishery means the restricted
fishery declared under Division 2C of Part 8.
estuary prawn trawl restricted fishery means the restricted fishery declared under Division 2D of Part 8.
ocean fish trawl restricted fishery means the restricted
fishery declared under Division 2A of Part 8.
ocean hauling restricted fishery means the restricted
fishery declared under Division 4A of Part 8.ocean prawn trawl restricted fishery means the restricted fishery declared under Division 2 of Part 8.
ocean trap and line restricted fishery means the restricted fishery declared under Division 2B of Part 8.
[2] Part 11 Administration, Divisions 1A and 1 B
Insert before Division 2:
Division 1A Establishment, composition and functions of
ministerial advisory councils229B Definitions
In this Division:
advisory council means an advisory council established
under section 229 of the Act.member means a member of an advisory council.
229C Establishment of advisory councils
For the purposes of section 229 of the Act, the following advisory councils are to be established:
(a) an Advisory Council on Commercial Fishing, (b) an Advisory Council on Recreational Fishing,
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(c) an Advisory Council on Fisheries Research, (d) an Advisory Council on Fisheries Conservation.
229D Advisory Council on Commercial Fishing
(1) The Advisory Council on Commercial Fishing is to be
composed of the following members:
(a) 8 persons appointed to represent the following fisheries (that is, one member for each fishery), on the nomination of the Management Advisory Committee for the fishery: (i) abalone share management fishery,
(ii) lobster share management fishery,
(iii) ocean prawn trawl restricted fishery,
(iv) ocean fish trawl restricted fishery,
(v) ocean trap and line restricted fishery,
(vi) estuary general restricted fishery,
(vii) estuary prawn trawl restricted fishery,(viii) ocean hauling restricted fishery,
(b) 1 person appointed to represent the interests of inland commercial fishers,
(c) 1 person appointed on the nomination of the Nature Conservation Council,
(d) the Director or a nominee of the Director, (e) such other persons as the Minister considers appropriate.
(2) The persons nominated for appointment by a Management Advisory Committee must be industry members (within the meaning of clause 230 (1)) of the Committee.
dvisory Council on Recreational Fishing
(1) The Advisory Council on Recreational Fishing is to be
composed of the following members:
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Amendments Schedule 1
(a) persons who, in the opinion of the Minister, have expertise in one or more of the following areas:
(i) estuary fishing, (ii) offshore fishing, (iii) freshwater fishing,
(iv) underwater fishing, (v) sale of fishing tackle, (vi) the media (reporting on fishing), (vii) charter boat fishing,
(viii) Aboriginal culture,(b) 1 person appointed on the nomination of the Nature Conservation Council,
(c) the Director or a nominee of the Director, (d)
such other persons as the Minister considers appropriate.
(2)
The Minister may, by advertisement published in a newspaper circulating throughout the State, call for expressions of interest in membership of the Advisory Council on Recreational Fishing.
229F Advisory Council on Fisheries
( l )
The Advisory Council on Fisheries Research is to be composed of the following members:
(a) 1 person who, in the opinion of the Minister, has expertise in fisheries economics,
(b) 2 persons who, in the opinion of the Minister, have expertise in commercial fishing, (c) 2 persons who, in the opinion of the Minister, have expertise in recreational fishing, (d) 1 person who, in the opinion of the Minister, has expertise in aquaculture,
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(e) 2 persons who, in the opinion of the Minister, have expertise in fisheries habitat and conservation, (f) l person who, in the opinion of the Minister, has expertise in seafood marketing, (g) 1 person appointed on the nomination of the Nature Conservation Council,
(h) the Director or a nominee of the Director, (i) such other persons as the Minister considers appropriate.
(2)
The Minister may, by advertisement published in a newspaper circulating throughout the State, call for expressions of interest in membership of the Advisory Council on Fisheries Research.
(3)
It is a function of the Advisory Council on Fisheries Research to provide advice to the Fisheries Research and Development Corporation on research grant applications.
229G Advisory Council on Fisheries Conservation
(1) The Advisory Council on Fisheries Conservation is to be
composed of the following members:
(a) 8 persons who, in the opinion of the Minister, have expertise in one or more of the following areas:
(i) fish habitat protection and rehabilitation,
(ii) biodiversity conservation,
(iii) marine protected areas,
(iv) threatened species conservation,(v) aquatic vertebrates or invertebrates,
(vi) marine vegetation,
(vii) marine or freshwater ecology,
(viii) commercial fisheries,
(ix) recreational fisheries,
(x) aquaculture,
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Amendments Schedule 1
(b) l person appointed on the nomination of the Nature Conservation Council,
(c) the Director or a nominee of the Director, (d)
such other persons as the Minister considers appropriate.
(2)
The Minister may, by advertisement published in a newspaper circulating throughout the State, call for expressions of interest in membership of the Advisory Council on Fisheries Conservation.
Appointment of nominees If a member of an advisory council is to be appointed on the nomination of a Management Advisory Committee or the Nature Conservation Council, the Minister is to request the body concerned to nominate 2 candidates for appointment to the advisory council.
The Minister may decline to accept the nomination of any candidate. In such a case the Minister:
(a)
is to advise the body concerned of that decision and of the reason for the decision, and
(b)
if the Minister considers it appropriate, is to give the body concerned an opportunity to nominate another candidate.
Conservation Council fails to nominate a candidate for If a Management Advisory Committee or the Nature appointment to the advisory council within 60 days after being requested to do so by the Minister, or fails to nominate within that period a candidate whose nomination is accepted by the Minister, the Minister may appoint any person whom the Minister considers suitable to represent the interests of the body concerned as a member of the advisory council, instead of a person nominated by that body. 229I Continuation of certain appointments-transitional
(1) The Minister may, if the Minister considers it
appropriate, appoint as member of an advisory council
any person who, immediately before the commencement
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of this Division, was a member of any body established on an interim basis to give the Minister advice on matters relevant to the fishing industry sector for which the advisory council is established.
Such a person may be appointed as a member instead of or in addition to a person required to be appointed to an advisory council under clause 229D, 229E, 229F or 229G.
councils established as referred to in clause 229C. This clause applies only in respect of the first advisory
Provisions relating to members and
procedure of advisory councils229J Definitions
In this Division:
advisory council means an advisory council established
under section 229 of the Act.
MAC means a Management Advisory Committee.
MAC nominee means a member of an advisory council appointed on the nomination of a MAC.
member means a member of an advisory council.
229K Terms of office
( l ) Subject to this Division, a member holds office for the term specified in his or her instrument of appointment (not exceeding 3 years) but is eligible (if otherwise qualified) for re-appointment. (2) The Minister may appoint some of the first members appointed to an advisory council for a shorter term than the others, for the purpose of ensuring continuity of membership.
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Amendments Schedule 1 229L Allowances for members
A member is entitled to be paid such allowances as the Minister from time to time determines, in accordance with any relevant Government policies or guidelines, in respect of the member.
229M Deputies
( l ) A member may from time to time, with the approval of the chairperson of the advisory council of which he or she is a member, appoint a person to be the deputy of the member, and may revoke any such appointment. (2) In the absence of a member, the member’s deputy may, if
available, act in the place of the member.(3) While acting in the place of a member, a person:
(a)
has all the functions of the member and is taken to be a member, and
(b)
is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
229N Vacancy in office of a member
The office of a member of an advisory council becomes vacant if:
the member dies, or
the member completes a term of office and is not
re-appointed, or
the member resigns the office by instrument in
writing addressed to the Minister, or
the member is removed from office by theMinister under clause 2290, or
the member is absent from 3 consecutive meetings of the advisory council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or Director or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister or Director for having been absent from those meetings, or
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the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
the member becomes a mentally incapacitated
person, or
in the case of a member of the advisory council
who is a MAC nominee, the member ceases to bea member of the MAC, or
in the case of a member of the advisory council
appointed on the nomination of the Nature Conservation Council, the Nature Conservation Council withdraws its nomination, or
Director, the member ceases to be the Director or he or she is the Director or a nominee of the in the case of a member who is appointed because the Director withdraws his or her nomination of
the member.
229O Removal of member from office by Minister
( l )
The Minister may remove a member from office in accordance with this clause.
(2)
The Minister is to consult the advisory council of which the person is a member before removing him or her from office.
(3) The Minister may remove the member from office:
(a) after the period of 30 days has elapsed since the Minister first gave notice to the advisory council concerned of the proposal to remove the member from office, or (b) if the removal of the member is agreed to by the advisory council concerned, at any time.
229P Filling of vacancy in office of member
( l ) If the office of a member of an advisory council becomes vacant, the Minister is to appoint a person to fill the
vacancy.
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Amendments Schedule 1
(2)
The Minister may appoint a person to fill a vacancy by calling for expressions of interest in the position or by appointing a person who was previously nominated for the position.
229Q Chairperson
( l ) The Minister is to appoint the chairperson of each advisory council. (2) The chairperson is to be a person who:
(a) has no direct or indirect pecuniary interest in the fishery concerned, and (b) is not a member of the advisory council.
(3) The chairperson is entitled to attend and chair meetings of the advisory council but is not entitled to vote at those meetings.
(4) In the absence of the chairperson, a meeting of an advisory council is to be chaired by a member elected by the members present to chair the meeting.
(5) The person so elected retains his or her entitlement to
vote at the meeting.
229R General procedure for calling and holding meetings of
advisory council
(1)
The procedure for the calling and holding of meetings of an advisory council is to be determined by the Minister.
(2)
An advisory council is to hold at least 2 meetings each calendar year, unless the advisory council otherwise determines.
229S Quorum
The quorum for a meeting of an advisory council consists of a majority of its members for the time being.
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229T Voting
A recommendation supported by a majority of votes cast at a meeting of an advisory council at which a quorum is present is the recommendation of the advisory council.
229U Disclosure of pecuniary interests
A member of an advisory council:
(a) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the advisory council, and (b) whose interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest to the chairperson of the advisory council. A disclosure by a member of the advisory council at a meeting of the advisory council that the member:
(a) is a member, or is in the employment, of a specified company or other body, or (b) is a partner, or is in the employment, of a specified person, or (c) has some other specified interest relating to a specified company or other body or to a specified person, is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to
that person which may arise after the date of the this clause.
disclosure and which is required to be disclosed under nature of an interest in any matter, the member must not, if the chairperson of the advisory council so determines:
(a) be present during any deliberation of the advisory council with respect to the matter, or (b) take part in any decision of the advisory council with respect to the matter.
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(4) A contravention of this clause does not invalidate any
decision of the advisory council.
229V Functions of members
( l ) The members of an advisory council are to ensure that the advisory council exercises its advisory functions conferred by section 229 (3) of the Act and this Regulation. (2) The functions of the members do not include the expenditure of funds on behalf of the advisory council or representing the Minister, unless they are expressly authorised to do so by the Minister.
[3] Clause 244 Uncontested election-share management fishery
Insert “at the end of clause 23 1” after “Table” in clause 244 (3).
[4] Clause 245 Uncontested elections-restricted fisheries
Omit “Part 3 of the Table” from clause 245 (1).
Insert instead “Part B of the Table at the end of clause 23 l ” .
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