Fisheries Management Act 1994 Fisheries Management (General) Amendment Regulation 1998 (1998-349) [GG No 100 of 26.6.1998, p 5094] (NSW)

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

Explanatory note

The objects of this Regulation are as follows:

to exempt, in certain circumstances, from the requirement to pay a
recreational freshwater fishing fee:

( i )         fishers who fish in the waters of a dam or impoundment that is located on private land, and

( i i )       fishers who hold pensioner concession cards.

to allow the Director of NSW Fisheries to issue replacement receipts
for official receipts that are lost, destroyed or damaged,
to prescribe an "on-the-spot" fine of S200 for the offence of failing to
pay the recreational freshwater fishing fee or failing to be in
possession of a receipt for payment of the fee while taking fish for
which payment of the fee is required,
to prescribe certain offences as both boat and motor vehicle forfeiture
offences (a fisheries officer may seize a boat or motor vehicle in

Management Amendment Act 1997.

to make other amendments as a consequence of the Fisheries

certain circumstances if the fisheries officer has reason to believe it

has been used for the purposes of committing such an offence).

Published in Gazette No 100 of 26 June 1998, page 5094 Page 1

1998 No 349

Fisheries Management (General) Amendment Regulation 1998

Explanatory note

This Regulation is made under the Fisheries Management Act 1994, including section 34C (Recreational freshwater fishers required to pay fishing fee), section 34G (Issue of receipt on payment of fishing fee), section

265 (Seizure of boats and motor vehicles) and section 289 (the general
regulation-making power).

1998 No 349

Fisheries Management (General) Amendment Regulation 1998 Clause 1

Fisheries Management (General) Amendment

Regulation 1998

1 Name of Regulation

This Regulation is the Fisheries Management (General)

Amendment Regulation 1998.

2 Commencement

This Regulation commences on 1 July 1998.

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.

Fisheries Management (General) Amendment Regulation 1998

Schedule 1 Amendments

(Clause 3)

1. Part 5, Division 5B

   Insert after Division 5A of Part 5:

Division 5B Recreational freshwater fishing fee

119J Exempt bodies of water

(1)

For the purposes of section 34C (2) (e) of the Act, the
following bodies of water are exempt:

(a)	the backed up waters of any dam or impoundment located on private land, i f the body of water has a surface area (at full capacity) not exceeding 2 hectares.
(b)	the backed up waters of any dam or impoundment located on private land, if the body of water has a surface area (at full capacity) exceeding 2 hectares and the Director determines, on application by the owner of the land concerned, that the exemption applies.

(2) For the purposes of this clause, a body of water is located on private land if the land on which it is located

is not public water land.

Note. Section 34C (2) (e) of the Act provides that a fisher is exempt from paying a recreational freshwater fishing fee if the fisher is taking fish from a body of water of a class exempted by the regulations.

119K Exempt fishers

(1) For the purposes of section 34C (2) (f) of the Act, a fisher who is the holder of a current pensioner concession card is exempt from the requirement to pay a recreational freshwater fishing fee.

Fisheries Management (General) Amendment Regulation 1998

Amendments Schedule 1

It is a condition of the exemption that the fisher produces his or her current pensioner concession card to a fisheries officer if he or she is required by the fisheries officer, under section 257 of the Act, to produce a fishing authority for an activity for which a person is required to pay a recreational freshwater fishing fee.

pensioner concession card means a card known as a In this clause:

"pensioner concession card" and issued by Centrelink or

the Commonwealth Department of Veterans' Affairs, or any other card approved by the Director as being equivalent to that card.

Note. Section 34C (2) ( f ) of the Act provides that a fisher is exempt from paying a recreational freshwater fishing fee if the fisher is a fisher of a class exempted by the regulations.

11 9L Issue of replacement receipt

The Director may issue a replacement receipt for an official receipt issued under section 34G of the Act if the Director is satisfied that the official receipt has been lost. destroyed or damaged.

The fee for the issue of a replacement receipt is $5.

[2]        Clause 228 Fee for permit to harm marine vegetation (section 205)

Omit “permit under section 205 (Permit required to cut etc marine
Vegetation) of the Act".
Insert instead “permit under Part 7 of the Act that authorises a
person to harm any marine vegetation to which section 205 of the
Act applies”.

[3]         Clause 269 Forfeiture offences

Omit “boat forfeiture offences". Insert instead "forfeiture offences".

1998 No 349

Fisheries Management (General) Amendment Regulation 1998

Schedule 1 Amendments

1. Clause 269, note

   Omit the note. Insert instead:

   Note. A fisheries officer may seize a boat or motor vehicle that

   the officer has reason to believe has been used by a person engaged in commercial fishing activities for the purpose of committing a forfeiture offence (section 265 of the Act). This clause sets out the offences that are forfeiture offences.

2. Schedule 5 Penalty notices

   Insert in appropriate order in Part 1:

Section 33I (1) ....................... $200