Fisheries Management Act 1994 Fisheries Management (General) Amendment (Short Descriptions of Offences) Regulation 2000 (2000-180) [GG No 54 of 28.4.2000, p 3677] (NSW)
2000 No 180
| Fisheries Management (General) | New South Wales |
Amendment (Short Descriptions of
Offences) Regulation 2000
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.
E. M. OBEID, M.L.C.,
Minister for Fisheries
Explanatory note
The object of this Regulation is to amend the Fisheries Management (General) Regulation 1995 to specify short descriptions for certain offences under the Fisheries Management Act 1994 and the regulations under that Act to facilitate the issue of penalty notices for those offences.
This Regulation is made under the Fisheries Management Act 1994, including sections 276 (penalty notices) and 289 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902.
This Regulation is made in connection with the staged repeal of statutory rules under Part 3 of the Subordinate Legislation Act 1989.
| Published in Gazette No 54 of 28 April 2000, page 3677 | Page 1 |
| [24] | |
| 2000 No 180 | |
| Clause 1 | Fisheries Management (General) Amendment (Short Descriptions of Offences) Regulation 2000 |
Fisheries Management (General) Amendment
(Short Descriptions of Offences) Regulation 2000
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment
(Short Descriptions of Offences) Regulation 2000.
2 Commencement
This Regulation commences on 1 May 2000.
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.
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 270 Penalty notices
Insert after clause 270 (1):
(1A) If the reference to a provision in Column 1 of Schedule 5 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.
[2] Clauses 270A and 270B
Insert after clause 270:
270A Short description of offences
(1)
For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 5 is the IPB Code set out in relation to the offence in Column 3 of Schedule 5, together with:
(a)
the text set out in relation to the offence in Column 4 of Schedule 5, or
(b)
if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.
(2)
For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 5, the prescribed expression is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3)
The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
(5) In this clause:
Infringement Processing Bureau means the Infringement
Processing Bureau within the Police Service.
IPB Code, in relation to an offence, means the code
allocated to the offence by the Infringement ProcessingBureau.
270B Transitional provision
(1)
This clause applies to any document (being an information, complaint, summons, warrant, notice, order or other document that relates to an offence alleged to have been committed before the repeal of the Justices (Short Descriptions of Fisheries Offences) Regulation 1995 (the 1995 Regulation) by the Justices (Fisheries Offences) Repeal Regulation 2000), and so applies whether the document was issued, given or made before or after that repeal.
(2) The repeal of the 1995 Regulation does not affect the validity of any document to which this clause applies in which an expression that was prescribed by the 1995 Regulation, as in force immediately before its repeal, is used.
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
[3] Schedule 5
Omit the Schedule. Insert instead:
Schedule 5 Penalty notice offences and short
descriptions (Clauses 270 and 270A)
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Part 1 Offences under the Act
Section 14 (1) $500 7998 take fish contrary to
fishing closureSection 14 (2) $500
8000
possess fish taken contrary to fishing closure
Section 16 (1) $300 8001 possess prohibited
size fishSection 16 (2) $300 8002 sell prohibited size
fishSection 17 (2) $300 8003 take more fish than
daily limitSection 18 (2) $300
8004
possess more than maximum quantity of fish
Section 19 (2) $500 8005 take protected fish Section 19 (3) $500 8006 possess protected
fishSection 20 (2) $500
8007
take commercial protected fish for sale
Section 20 (3) $500 8008 sell commercial
protected fish
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty
Section 22 (2) $200 8009 use unregistered
fishing gearSection 24 (1) $500 8010 unlawful use of
net/trapSection 25 (1) $500 8011 possess fishing gear
near waters when
use of that
gear/taking of fish
prohibited
Section $200 6673 fail to pay fishing 34I (1) (a) fee Section $200 6674 fail to have official 34I (1) (b) receipt in possession
Section 35 (1) $500 8012 possess fish illegally
takenSection 39 (2) $200
8013
fail to remove obstruction on fishing ground
Section 65 (1) $200
8014
shareholder contravenes provision of management plan
Section 65 (1) $200 7826 shareholder’s
nominee
contravenes
management planSection 87 (4) $200 7827 fail to appear/attend
hearingSection 87 (5) $200
7828
fail to take oath or make affirmation/ answer question/ produce document
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty
Section 88 (2) $200 7829 fail to comply with
notice to produce
documents
Section $500 7830 take fish for sale 102 (1) when unlicensed Section $200 7831 contravene 104 (7) commercial fishing
licenceSection $300 7832 use unlicensed boat 107 (1) to take fish/land fish Section $200 7833 contravene 108 (7) condition of boat
licenceSection $100 7834 carry unregistered 110 (9) crew Section $500 7835 unregistered fish 117 (1) receiver Section $200 7836 contravene 118 (7) condition of fish
receiver registrationSection $300 7837 fail to give 119 (3) information/ keep
recordsSection 121 $200 7838 fail to make catch
recordSection 122
$100
7839
fail to send catch record to Director
Section $200 7840 fail to deliver record 123 (1) (a) of sale to purchaser Section $200 7841 fail to retain record 123 (1) (b) of sale for 5 years
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Section $200 7842 fail to produce 123 (1) (c) record of sale Section $200 7843 fail to make record 123 (2) (a) (i) of possession Section $200 7844 fail to obtain record 123 (2) (a) (ii) of possession Section $200 7845 fail to retain record 123 (2) (b) of possession for 5
yearsSection $200 7846 as seller, fail to 123 (2) (c) produce record of
possessionSection $200 7847 fail to produce 123 (3) record of possession Section 124 $300 7848 make false/
misleading entry in
fish recordSection $500 7849 undertake 144 (1) aquaculture without
permitSection $200 7850 contravene 152 (3) condition of
aquaculture permitSection 155 $100 7851 fail to notify change
in particulars by
lesseeSection $200 7852 fence leased area 170 (3) without authority Section $200 7853 fail to remove 171 (3) improvements on
expired lease
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Section $200 7854 interfere with 179 (1) (a) fish/vegetation/thing
within leased areaSection $200 7855 deposit thing 179 (1) (b) on/dredge/dig within
leased areaSection $500 7856 contravene 183 (5) quarantine order Section 184
$300
7857
communicate a disease to live fish/vegetation
Section 185
$300
7858
sell infected fish/marine vegetation
Section 186 $300 7859 deposit infected
fish/marine
vegetationSection $200 7860 take oysters without 190 (2) authority Section $500 7861 local government 200 (1) authority
dredging/reclaiming
without permitSection $500 7862 carry out dredging/ 201 (1) reclamation work
without permitSection $300 7863 harm marine 205 (2) vegetation Section $200 7864 damage gravel beds 206 (1)
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
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| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Section $200 7865 take/disturb fish 207 (2) while spawning/on
or near spawning
bedsSection $300 7866 sell live noxious 210 (1) fish/noxious marine
vegetation without
permitSection $300 7867 possess live noxious 211 (1) fish/noxious marine
vegetation without
permitSection $300 7868 release live fish 216 (1) without permit Section $300 7869 import live fish 217 (1) without permit Section $300 7870 sell/buy/possess live 217 (2) fish imported
without permitSection $200 7871 obstruct fish 219 (1) Section $200 7872 resist/obstruct 247 (1) fisheries officer Section $200 7873 assault/abuse/ 247 (2) in threaten fisheries relation to officer assaulting, abusing or threatening fisheries
officer
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
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| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Section $200 7874 encourage person to 247 (2) in assault/abuse/ relation to threaten fisheries encouraging officer another
person to
assault, abuse
or threaten
fisheries
officerSection $200 7875 impersonate 247 (3) fisheries officer Section $200 7876 fail to assist in 248 (4) boarding and search
of boatSection $200 7877 fail to remove gear 249 (3) from water Section $200 7878 fail to move vehicle 251 (2) for search Section $200 7879 fail to produce 256 (4) records/answer
questionsSection $100 7880 fail to produce 257 (4) authority Section $200 7881 fail to provide 258 (2) information Section $300 7882 make statement/ 259 (1) provide information/
produce document
that is false/
misleading
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Part 2 Offences under Fisheries Management (General)
Regulation 1995
Clause $300 7883 more than 4 hand 65 (1) (a) lines Clause $500 7884 hand line with more 65 (1) (b) in than 3 hooks/ relation to 3 gangs of hooks hand held line
with more
than 3 hooks
or gangs of
hooks
attachedClause $500 7885 hand line with more 65 (1) (b) in than 3 treble hooks relation to on lure hand held line
with more
than 3 treble
hooks
attached to
lureClause $300 7886 hand line with more 65 (1) (c) than 5 ganged hooks Clause $500 7887 more than 10 set 65 (3) (a) lines Clause $500 7888 set line with more 65 (3) (b) than 6 hooks Clause 65 (6) $200 7889 set line/hand line
when unauthorisedClause 66 (1) $100 7890 leave hand line
unattendedClause $200 7891 drift line with more 67 (1) (a) than 1 hook
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7892 drift line with more 67 (1) (b) than 1 gang of
hooksClause $200 7893 drift line with gang 67 (1) (c) of more than 5
hooksClause $200 7894 drift line with 67 (1) (d) another drift line
attachedClause 67 (2) $300 7895 more than 30 drift
linesClause 67 (3) $200 7896 commercial fisher
use drift line in
inland watersClause 67 (4) $200 7897 recreational fisher
use drift line in any
watersClause 68 (1) $100 7898 fishing gear not
properly identifiedClause 69 (1) $300 7899 take fish while
scuba divingClause $300 7900 use spear gun in 70 (1) (a) inland waters Clause $300 7901 use spear gun in 70 (1) (b) Schedule 4 waters Clause $300 7902 use spear gun aided 70 (1) (c) by lights Clause 71 (1) $300 7903 take fish by firearm Clause 72 (1) $300 7904 take lobster other
than by hand
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
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| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause 73 (1) $100 7905 take intertidal
invertebrate by
unauthorised
methodClause 74 (1) $300 7906 recreational fisher
take shellfish by
dredgeClause 74 (2) $500 7907 take shellfish by
dredge from
non-ocean watersClause 74 (3) $300 7908 take shellfish with
oversize dredgeClause 74 (4) $300 7909 take shellfish by
more than 1 dredgeClause 75 (2) $200 7910 take fish by jagging Clause 76 (1) $200 7911 take salmon/trout
from waters by
unauthorised
methodClause 76 (2) $200 7912 take salmon/trout
from dam/
impoundment by
unauthorised
methodClause 76 (3) $300 7913 use light to take
salmon/ troutClause 77 $500 7914 take groper by
unauthorised
methodClause 78 (1) $500 7915 sell commercial net
to unauthorised
person
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause 78 (2) $300 7916 sell commercial net
without making
record of saleClause 78 (3) $300 7917 fail to retain and
produce record of
sale of commercial
netClause 79 $200 7918 attempt to fish
contrary to rights of
priorityClause 80 $300 7919 use fishing gear
contrary to Part 4Clause 106 in $200 7920 cause dispersal of relation to the fish causing the dispersal of fish
Clause 106 in $200 7921 interfere with relation to the commercial fishing interference
with the
operations of
commercial
fisherClause $200 7922 interfere with set 107 (1) fishing gear Clause 109 $200 7923 disturb fish in
vicinity of
commercial fisherClause $200 7924 refuse/neglect to 110 (2) move from fishing
positionClause $200 7925 fail to attach tag to 118 (1) rock lobster
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7926 possess rock lobster 118 (3) without tag near
watersClause $200 9829 sell whole lobster 119F (1) in without tag relation to the sale of whole lobster
Clause $200 9830 sell tail of lobster 119F (1) in without tag relation to the sale of tail of lobster
Clause $100 7927 use live fin 120 (1)
fish/exotic fish/trout roe/salmon roe/trout or salmon roe
product Clause $100 7928 take salmon/trout 120 (2) with unauthorised
lure/baitClause $200 7929 fail to produce 120 (3) lure/bait on demand
by officerClause $200 7930 take octopus from 121 (1)
rock platform/ waters of Port Jackson
Clause $200 7931 shuck intertidal 122 (1)
invertebrate near waters except bait
Clause $200 7932 shuck rock lobster/ 122 (2) turban snail near
waters
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $300 7933 commercial fisher, 123 (1) shuck abalone in
unauthorised placeClause $200 7934 recreational fisher, 123 (2) shuck abalone near
watersClause $300 7935 mutilate fish near 124 (1) waters in
unauthorised
mannerClause $300 7936 deliver/consign for 124 (2) sale fish mutilated in
unauthorised
mannerClause $300 7937 take/sell/possess 125 (1) crayfish/
shovel-nosed
lobster/rock
lobster/crab carrying
ova externallyClause $300 7938 possess crayfish/ 125 (2)
shovel-nosed lobster/rock lobster/crab with
ova/spawn removed Clause $200 7939 fail to make record 157 (1) of crew member Clause $200 7940 fail to keep crew 157 (2) (a) record for 5 years Clause $200 7941 fail to produce 157 (2) (b) record of crew
member
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7942 crew member, fail to 158 (2) keep records of
registrationClause 159 $200 7943 false/misleading
entry in crew recordPart 3 Offences under Fisheries Management
(Aquaculture) Regulation 1995
Clause 49 (1) $200 7945 fail to mark
boundaries of leaseClause 49 (6)
$200
7946
fail to maintain boundary mark
Clause 49 (7) $200 7947 unlawfully mark out
aquaculture leaseClause 50 (5) $200 7948 fail to maintain
marked boat channelClause 51 (7) $200 7949 fail to maintain
marked access wayPart 4 Offences under Fisheries Management (Aquatic
Reserves) Regulation 1995
Long Reef
Clause $200 7950 take/attempt to take 8 (1) (a) fish from Long Reef
ReserveClause $200 7951 gather marine 8 (1) (b) vegetation from
Long Reef ReserveClause $200 7952 interfere with fish in 8 (2) (a) Long Reef Reserve
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7953 interfere with 8 (2) (b)
marine vegetation in Long Reef Reserve
Shiprock Clause $200 7954 take fish from 11 (1) (a) Shiprock Reserve Clause $200 7955 gather marine 11 (1) (b) vegetation from
Shiprock ReserveClause $200 7956 interfere with fish in 11 (2) (a) Shiprock Reserve Clause $200 7957 interfere with 11 (2) (b) marine vegetation in
Shiprock ReserveJulian Rocks Clause $200 7958 take fish from Julian 14 (1) (a) Rocks Reserve Clause $200 7959 gather marine 14 (1) (b) vegetation from
Julian Rocks
ReserveClause $200 7960 interfere with fish in 14 (2) (a) Julian Rocks
ReserveClause $200 7961 interfere with 14 (2) (b) marine vegetation in
Julian Rocks
ReserveNorth Harbour
Clause $200 7962 take fish from North 17 (1) (a) Harbour Reserve
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7963 gather marine 17 (1) (b)
vegetation from North Harbour Reserve
Clause $200 7964 interfere with fish in 17 (2) (a) North Harbour
ReserveClause $200 7965 interfere with 17 (2) (b) marine vegetation in
North Harbour
ReserveBushranger’s Bay
Clause $200 7966 take fish from 21 (1) (a) Bushranger’s Bay
ReserveClause $200 7967 gather marine 21 (1) (b) vegetation from
Bushranger’s Bay
ReserveClause $200 7968 interfere with fish in 21 (2) (a) Bushranger’s Bay
ReserveClause $200 7969 interfere with 21 (2) (b) marine vegetation in
Bushranger’s Bay
ReserveFly Point–Halifax Park
Clause $200 7970 take fish from Fly 24 (1) (a) Point Reserve Clause $200 7971 gather marine 24 (1) (b) vegetation from Fly
Point Reserve
2000 No 180
Fisheries Management (General) Amendment (Short Descriptions of
Offences) Regulation 2000
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7972 interfere with fish in 24 (2) (a) Fly Point Reserve Clause $200 7973 interfere with 24 (2) (b) marine vegetation in
Fly Point ReserveTowra Point Clause $200 7974 take fish from 27 (1) (a) Towra Point
ReserveClause $200 7975 gather marine 27 (1) (b) vegetation from
Towra Point
ReserveClause $200 7976 interfere with fish in 27 (2) (a) Towra Point
ReserveClause $200 7977 interfere with 27 (2) (b) marine vegetation in
Towra Point
ReserveSolitary Islands
Clause $200 7982 take fish/vegetation 32 (1) (a) for sale from general
use zoneClause $200 7983 gather/interfere with 32 (1) (b) marine vegetation in
general use zoneClause $200 7984 take fish/vegetation 33 (1) (a) for sale from
recreation zoneClause $500 7985 take fish from 33 (1) (b) recreation zone
2000 No 180
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| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Offence Amount of IPB Code Short description penalty Clause $200 7986 take fish by trap 33 (1) (c) from recreation zone Clause $200 7987 take fish by 33 (1) (d) commercial net Clause $200 7988 gather/interfere with 33 (1) (e) marine vegetation in
recreation zoneClause $200 7989 take fish from 34 (1) (a) refuge zone Clause $200 7990 take fish for 34 (1) (b) aquarium from
refuge zoneClause $200 7991 gather vegetation 34 (1) (c) from refuge zone Clause $200 7992 interfere with 34 (1) (d) vegetation in refuge
zoneClause $200 7993 take fish from 35 (1) (a) sanctuary zone Clause $200 7994 gather vegetation 35 (1) (b) from sanctuary zone Clause $200 7995 interfere with fish in 35 (2) (a) sanctuary zone Clause $200 7996 interfere with 35 (2) (b) vegetation in
sanctuary zoneClause 35 (3) $200 7997 use anchor in
sanctuary zoneBY AUTHORITY
0
0
0