Fisheries Management Act 1994 Fisheries Management (General) Amendment (Prawn Trawling) Regulation 1999 (1999-141) [GG No 27 of 5.3.1999, p 1592] (NSW)

1999 No 141

New South Wales

under the

Fisheries M anagement 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

At present, an additional licence fee applies in respect of a fishing boat licence that authorises the use of the boat for prawn trawling in the east coast prawn trawl fishery. The east coast prawn trawl fishery consists of certain offshore waters. These waters are now part of the ocean prawn trawl restricted fishery.

The object of this Regulation is to extend that additional licence fee to all fishing boat licences that authorise the use of the boat to prawn trawl in the ocean prawn trawl restricted fishery. This means that the additional fee will apply to licences that carry an inshore endorsement or a deepwater endorsement in the restricted fishery, as well as to licences that carry an offshore endorsement in the restricted fishery.

The Regulation also updates certain references to the east coast prawn trawl fishery (also known as the offshore prawn trawl fishery) and makes other minor amendments by way of law revision.

This Regulation is made under the Fisheries Management Act 1994, including sections 108 (2) and 289 (the general regulation-making power).

Published in Gazette No 27 of 5 March 1999, page 1592 Page 1

Clause 1 Fisheries Management (General) Amendment (Prawn Trawling) Regulation 1999

This Regulation is the Fisheries Management (General)

Amendment (Prawn Trawling) Regulation 1999.

The Fisheries Management (General) Regulation I995 is

amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

Fisheries Management (General) Amendment (Prawn Trawling) Regulation 1999

Amendments Schedule 1

ts

(Clause 2)

[1]	Clause 87 Fishers to give notice of intention to use
Omit “one of more” from clause 87 (2) (b). Insert instead “one or more”.

Omit clause 135 ( l ) (c4). Insert instead:

(c4) an individual who satisfies the Minister that he or she is eligible for a skipper’s endorsement or a conditional skipper’s endorsement in the ocean prawn trawl restricted fishery, but only if the licence for the fishing boat on which the individual is employed as a skipper has an endorsement from the Director of a kind known as “P1” or “ P 2 ” ,

[3]        Clause 135 (2) (b) (i)

Omit the subparagraph. Insert instead:

(i)        the ocean prawn trawl restricted fishery, but only if the licence for the fishing boat authorises the use of the boat for prawn trawling in offshore waters (within the meaning of clause 174) and has an endorsement from the Director of a kind known as “P1” or “P2”,

Omit “in the east coast fishery” wherever occurring from clause 145
(1) (f) .
Insert instead “in offshore waters“.

Fisheries Management (General) Amendment (Prawn Trawling) Regulation 1999

Schedule 1 Amendments

1. Clause 145 (3)

Omit the definition of east coast fishery.
Insert instead:

offshore waters means ocean waters that are more than 3 nautical miles from the natural coast line (as defined in Schedule 1) and north of a line drawn due east from Barrenjoey Headland.

1. Clause 147 Additional licence fee for boats authorised to prawn trawl in ocean prawn trawl restricted fishery

   Omit clause 147 (1). Insert instead:

( l ) This clause applies to fishing boat licences authorising the use of the boat to take prawns in the ocean prawn trawl restricted fishery (being the restricted fishery declared under Division 2 of Part S).

1. Clause 194 Definitions

Omit “coastal” from the definition of offshore waters.
Insert instead “coast”.

1. Clause 178 Eligibility for endorsement

Omit “have the regard” from clause 178 (5).
Insert instead “have regard”.