Fisheries Management Act 1994 Fisheries Management (General) Amendment (Review Panel) (1998-169) [GG No 62 of 27.3.1998, p 1848] (NSW)
1998 No 169
New South Wales
Fisheries Management (General)
Amendment (Review Panel)
Regulation 1998
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, M.P.,
Minister for Mineral Resources, and Minister for Fisheries
Explanatory note
The objects of this Regulation are:
(a) to allow the Minister to defer payment of the fee that is required to be paid in order to obtain a review of a decision relating to catch history or eligibility for an endorsement in a restricted fishery under the Fisheries Management (General) Regulation 1995, and (b) to allow third parties to request a review of a determination that another person is eligible for an endorsement in a restricted fishery, including any determination that was made following a review by the review panel under the Fisheries Management (General) Regulation 1995. This Regulation is made under the Fisheries Management Act 1994, including section 116 (regulations in relation to restricted fisheries) and section 289 (the general regulation making power).
Published in Gazette No 62 of 27 March 1998, page 1848 Page 1
1998 No 169
| Clause 1 | Fisheries Management (General) Amendment (Review Panel) Regulation 1998 |
Fisheries Management (General) Amendment
(Review Panel) Regulation 1998
Name of Regulation This Regulation is the Fisheries Management (General)
Amendment (Review Panel) Regulation 1998.
Amendment of Fisheries Management (General) Regulation
1995The Fisheries Management (General) Regulation 1995 is amended as set out in Schedule 1.
| Notes |
The explanatory note does not form part of this Regulation.
1998 No 169
Fisheries Management (General) Amendment (Review Panel) Regulation 1998
Amendments Schedule 1 Schedule 1 Amendments
(Clause 2)
[1] Clause 214A Application for review of determination by person affected by determination
Insert after clause 214A (3):
(3A) The Minister may, in relation to any review request that was lodged with the Director by 31 December 1997 without the required fee, determine that in the circumstances payment of the fee should be deferred, in which case the review request is taken to have been duly made. [2] Clause 214A (4)
Omit clause 214A (4). Insert instead:
(4) The Minister may direct that the required fee (or part of the fee) for a review request be refunded or, if payment of the fee was deferred, waived. The Minister may give such a direction if the Minister is of the opinion that it is appropriate in the circumstances of the case, for instance, because the review confirms submissions made by the applicant. [3] Part 8, Division 7
Insert after Division 6 of Part 8:
Division 7 Review of eligibility determination at request
of third party—transitional214F Application of Division
This Division applies in respect of the following endorsements (as defined in this Part):
(a)
a class C endorsement in the ocean hauling restricted fishery,
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(b)
an endorsement in the ocean prawn trawl restricted fishery,
(c)
an endorsement in the ocean fish trawl restricted fishery,
(d)
an endorsement in the ocean trap and line restricted fishery,
(e)
an endorsement in the estuary prawn trawl restricted fishery,
(f)
an endorsement i n the estuary general restricted fishery.
214G Application for review of determination by third party
(1)
A person may request a review of a determination that another person is eligible for an endorsement to which this Division applies, including an eligibility determination that is made following a review under Division 6.
(2) A review request may be made only by a commercial
fisher or a person who owns a fishing business.(3) A review request must:
(a) be made in a form approved by the Director, and (b) be lodged with the Director by 30 June 1999.
214H Minister is to establish panel to conduct review
( 1 ) I f a review request is duly made, the Minister is to establish a panel to conduct the review. (2 ) The panel is to review the determination the subject of the review request and provide the Minister with a written report on the matter within the time specified by the Minister or any extension of time granted by the Minister.
(3 )
The panel is not required to review the determination if the panel determines that the review request is frivolous or vexatious. I n such a case, the panel is also not required to provide the Minister with a written report on the matter.
1998 No 169
Fisheries Management (General) Amendment (Review Panel) Regulation 1998 Amendments Schedule 1 214I Membership and procedure of panel
(1) A panel is to consist of 3 members, as follows:
(a)
the chairperson of the panel, being a person who is neither engaged in the administration of the Act nor in commercial fishing and who, in the opinion of the Minister, is appropriately qualified to conduct the review,
(b) the Director or a nominee of the Director, ( c )
a person with extensive experience in the commercial fishing industry (but not a person who has a financial interest in the fishery to which the review request relates).
(2) A decision of the panel is a decision supported by the
majority of its members.(3) The procedure of the panel is, subject to this Division, to
be determined by the panel.
214J Conduct of review
( 1 ) A review under this Division is to be conducted by way
of a fresh hearing into the matter.(2)
The panel that conducts the review may consider any circumstances that are relevant to the determination that is the subject of the review request.
(3)
The panel is to ensure that the person to whom the review relates is notified of the review and given an opportunity to make submissions to the panel.
(4)
The panel is not bound by any determination as to the eligibility of the person to whom the review relates that was made by the Minister under clause 214D.
214K Findings
(1) A panel that conducts a review may:
( a )
confirm the determination that is the subject of the review, or
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(b)
recommend to the Minister that the determination the subject of the review be set aside and that a new determination be made in respect of the person concerned.
(2)
This clause does not limit the inclusion in a report by a panel of any other decision or recommendation relating to a person's entitlements in a restricted fishery.
214L Action by Minister following review On receipt of a report by a panel, the Minister may:
(a) in accordance with the decision or recommendation of the panel, confirm the determination that was reviewed by the panel or set that determination aside and substitute a new determination, or (b) refer the matter back to the panel (together with comments or recommendations) for further consideration. The Minister may confirm the determination that was reviewed by the panel, even though the person to whom the determination relates does not satisfy' the eligibility criteria for an endorsement, if the panel recommends it. The Minister may cancel an endorsement to which this Division applies if the Minister determines, following a review under this Division, that the holder of that endorsement is not eligible for the endorsement.
Subclause (3) does not limit the grounds on which an endorsement can be suspended or cancelled.
notified of the outcome of the review as soon as and the person to whom the review relates, are to be A person who applies for a review under this Division, practicable after it is known.
214M Transitional
This Division extends to a determination or application that was made before the commencement of this Division.
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