Fisheries Management Act 1994 Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997 (1997-171) [GG No 47 of 2.5.1997, p 2458] (NSW)
1997 No 171
New South Wales
Fisheries Management (General)
Amendment (Restricted Fisheries
Termination) Regulation 1997
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 and Minister for Mineral Resources
Explanatory note
The objects of this Regulation are:
(a)
to terminate the following restricted fisheries on 30 June 1998 or, if the Minister so determines on the recommendation of the relevant fisheries management advisory committee, within 3 months thereafter:
the ocean fish trawl restricted fishery
the ocean trap and line restricted fisherythe estuary general restricted fishery
(the fisheries were declared to be restricted fisheries by regulation on
1 March 1997), and
(b)
to require management advisory committees for those restricted fisheries and the ocean prawn trawl and estuary prawn trawl restricted fisheries to be established by 30 September 1997, and
(c)
to provide for those management advisory committees to report to the Minister by 30 April 1998 with recommendations on whether the relevant fishery should be subject to input or output fishing controls and whether it should be a share management fishery or restricted fishery, and
Published in Gazette No 47 of 2 May 1997, page 2458 Page 1
1997 No 171
Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997
Explanatory note
| (d) | to require the reports of those management advisory committees, together with a response to the report by the Minister, to be publicly released by 30 June 1998 (or by such later date before 30 September 1998 as the Minister determines on the recommendation of the relevant management advisory committee). |
A restricted fishery that is terminated as provided above may (at any time after the termination):
| (a) | by the making of a proclamation be declared to be a share management fishery, or |
| (b) | by the making of a further regulation be continued as a restricted fishery. |
This Regulation is made under the Fisheries Management Act 1994, including section 230 and section 231.
1997 No 171
Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997 Clause 1 Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997 1 Name of Regulation This Regulation is the Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997.
2 Amendment of Fisheries Management (General) Regulation
1995
The Fisheries Management (General) Regulation 1995 is amended as set out in Schedule 1.
3 Repeal
This Regulation is repealed (and the provisions inserted into the Fisheries Management (General) Regulation 1995 by this Regulation are repealed) if the Fisheries Management (General) Amendment (Restricted Fisheries) Regulation 1997 is disallowed under section 41 of the Interpretation Act 1987.
4 Notes
The explanatory note does not form part of this Regulation.
1997 No 171
Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 2)
Part 8, Division 1A:
Insert before Division 1 of Part 8:
Division 1A Restricted fisheries—report and termination 159A Definitions
In this Division:
MAC for a fishery means the Management Advisory
Committee for the fishery established by the Director under section 230 of the Act.
relevant fishery means any of the following fisheries:
(a) ocean prawn trawl restricted fishery, (b) estuary prawn trawl restricted fishery, (c) ocean fish trawl restricted fishery, (d) ocean trap and line restricted fishery, (e) estuary general restricted fishery.
159B Establishment of MACs
(1)
The Director is required to exhibit, under clause 242, copies of the rolls for election of members of each MAC for a relevant fishery by 30 June 1997.
(2) The Director is required to establish a MAC for each
relevant fishery by 30 September 1997.
159C MACs required to report on fisheries
(1) A MAC for a relevant fishery is to report to the Minister by 30 April 1998 on the fishery.
1997 No 171
Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997
Amendments Schedule 1
(2) The report of a MAC is to include recommendations on:
(a)
whether the fishery should be subject to input or output fishing controls, and
(b)
whether the fishery should be a share management fishery or a restricted fishery.
(3)
If the members of a MAC cannot agree on a report by that date, the MAC is to report to the Minister through its chairperson by 14 May 1998 on the different views of the members of the MAC concerning those matters.
159D Report of MACs to be publicly released together with
response of Minister
(1)
The Minister is to publicly release the report of a MAC under this Division, together with a response by the Minister to the report, by:
(a)
30 June 1998, unless extended under paragraph (b), or
(b)
such later date before 30 September 1998 as is determined by the Minister on the recommendation of the MAC.
(2)
The Minister may comply with the requirements of subclause (1) by tabling the report, and providing a response, in Parliament if it is then sitting.
159E Termination of ocean fish trawl, ocean trap and line and
estuary general restricted fisheries
( 1 ) The following provisions of this Part of this Regulation
are repealed on the relevant termination date:
(a)
Division 2A—on the termination date for the ocean fish trawl restricted fishery,
(b)
Division 2B—on the termination date for the ocean trap and line restricted fishery,
(c)
Division 2C—on the termination date for the estuary general restricted fishery.
1997 No 171
Fisheries Management (General) Amendment (Restricted Fisheries Termination) Regulation 1997
| Schedule 1 | Amendments |
(2) The repeal of those provisions revokes the declaration of the fisheries to which they relate as restricted fisheries. (3) In this clause:
termination date for a fishery means:
(a) 30 June 1998, unless extended before that date under paragraph (b), or (b) such later date before 30 September 1998 as is notified in the Gazette by the Minister on the recommendation of the MAC for the fishery.
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