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)

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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 Processing

Bureau.

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 closure

Section 14 (2) $500

8000

possess fish taken contrary to fishing closure

Section 16 (1) $300 8001 possess prohibited
size fish
Section 16 (2) $300 8002 sell prohibited size
fish
Section 17 (2) $300 8003 take more fish than
daily limit

Section 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
fish

Section 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 gear
Section 24 (1) $500 8010 unlawful use of
net/trap
Section 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
taken

Section 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 plan
Section 87 (4) $200 7827 fail to appear/attend
hearing

Section 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
licence
Section $300 7832 use unlicensed boat
107 (1) to take fish/land fish
Section $200 7833 contravene
108 (7) condition of boat
licence
Section $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 registration
Section $300 7837 fail to give
119 (3) information/ keep
records
Section 121 $200 7838 fail to make catch
record

Section 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
years
Section $200 7846 as seller, fail to
123 (2) (c) produce record of
possession
Section $200 7847 fail to produce
123 (3) record of possession
Section 124 $300 7848 make false/
misleading entry in
fish record
Section $500 7849 undertake
144 (1) aquaculture without
permit
Section $200 7850 contravene
152 (3) condition of
aquaculture permit
Section 155 $100 7851 fail to notify change
in particulars by
lessee
Section $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 area
Section $200 7855 deposit thing
179 (1) (b) on/dredge/dig within
leased area
Section $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
vegetation
Section $200 7860 take oysters without
190 (2) authority
Section $500 7861 local government
200 (1) authority
dredging/reclaiming
without permit
Section $500 7862 carry out dredging/
201 (1) reclamation work
without permit
Section $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

Offences) Regulation 2000

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
beds
Section $300 7866 sell live noxious
210 (1) fish/noxious marine
vegetation without
permit
Section $300 7867 possess live noxious
211 (1) fish/noxious marine
vegetation without
permit
Section $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 permit
Section $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

Offences) Regulation 2000

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
officer
Section $200 7875 impersonate
247 (3) fisheries officer
Section $200 7876 fail to assist in
248 (4) boarding and search
of boat
Section $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
questions
Section $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
attached
Clause $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
lure
Clause $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 unauthorised
Clause 66 (1) $100 7890 leave hand line
unattended
Clause $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
hooks
Clause $200 7893 drift line with gang
67 (1) (c) of more than 5
hooks
Clause $200 7894 drift line with
67 (1) (d) another drift line
attached
Clause 67 (2) $300 7895 more than 30 drift
lines
Clause 67 (3) $200 7896 commercial fisher
use drift line in
inland waters
Clause 67 (4) $200 7897 recreational fisher
use drift line in any
waters
Clause 68 (1) $100 7898 fishing gear not
properly identified
Clause 69 (1) $300 7899 take fish while
scuba diving
Clause $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

Offences) Regulation 2000

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
method
Clause 74 (1) $300 7906 recreational fisher
take shellfish by
dredge
Clause 74 (2) $500 7907 take shellfish by
dredge from
non-ocean waters
Clause 74 (3) $300 7908 take shellfish with
oversize dredge
Clause 74 (4) $300 7909 take shellfish by
more than 1 dredge
Clause 75 (2) $200 7910 take fish by jagging
Clause 76 (1) $200 7911 take salmon/trout
from waters by
unauthorised
method
Clause 76 (2) $200 7912 take salmon/trout
from dam/
impoundment by
unauthorised
method
Clause 76 (3) $300 7913 use light to take
salmon/ trout
Clause 77 $500 7914 take groper by
unauthorised
method
Clause 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 sale
Clause 78 (3) $300 7917 fail to retain and
produce record of
sale of commercial
net
Clause 79 $200 7918 attempt to fish
contrary to rights of
priority
Clause 80 $300 7919 use fishing gear
contrary to Part 4
Clause 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
fisher
Clause $200 7922 interfere with set
107 (1) fishing gear
Clause 109 $200 7923 disturb fish in
vicinity of
commercial fisher
Clause $200 7924 refuse/neglect to
110 (2) move from fishing
position
Clause $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
waters
Clause $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/bait
Clause $200 7929 fail to produce
120 (3) lure/bait on demand
by officer
Clause $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 place
Clause $200 7934 recreational fisher,
123 (2) shuck abalone near
waters
Clause $300 7935 mutilate fish near
124 (1) waters in
unauthorised
manner
Clause $300 7936 deliver/consign for
124 (2) sale fish mutilated in
unauthorised
manner
Clause $300 7937 take/sell/possess
125 (1) crayfish/
shovel-nosed
lobster/rock
lobster/crab carrying
ova externally
Clause $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
registration
Clause 159 $200 7943 false/misleading
entry in crew record

Part 3 Offences under Fisheries Management

(Aquaculture) Regulation 1995

Clause 49 (1) $200 7945 fail to mark
boundaries of lease

Clause 49 (6)

$200

7946

fail to maintain boundary mark

Clause 49 (7) $200 7947 unlawfully mark out
aquaculture lease
Clause 50 (5) $200 7948 fail to maintain
marked boat channel
Clause 51 (7) $200 7949 fail to maintain
marked access way

Part 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
Reserve
Clause $200 7951 gather marine
8 (1) (b) vegetation from
Long Reef Reserve
Clause $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 Reserve
Clause $200 7956 interfere with fish in
11 (2) (a) Shiprock Reserve
Clause $200 7957 interfere with
11 (2) (b) marine vegetation in
Shiprock Reserve
Julian 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
Reserve
Clause $200 7960 interfere with fish in
14 (2) (a) Julian Rocks
Reserve
Clause $200 7961 interfere with
14 (2) (b) marine vegetation in
Julian Rocks
Reserve

North 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
Reserve
Clause $200 7965 interfere with
17 (2) (b) marine vegetation in
North Harbour
Reserve

Bushranger’s Bay

Clause $200 7966 take fish from
21 (1) (a) Bushranger’s Bay
Reserve
Clause $200 7967 gather marine
21 (1) (b) vegetation from
Bushranger’s Bay
Reserve
Clause $200 7968 interfere with fish in
21 (2) (a) Bushranger’s Bay
Reserve
Clause $200 7969 interfere with
21 (2) (b) marine vegetation in
Bushranger’s Bay
Reserve

Fly 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 Reserve
Towra Point
Clause $200 7974 take fish from
27 (1) (a) Towra Point
Reserve
Clause $200 7975 gather marine
27 (1) (b) vegetation from
Towra Point
Reserve
Clause $200 7976 interfere with fish in
27 (2) (a) Towra Point
Reserve
Clause $200 7977 interfere with
27 (2) (b) marine vegetation in
Towra Point
Reserve

Solitary Islands

Clause $200 7982 take fish/vegetation
32 (1) (a) for sale from general
use zone
Clause $200 7983 gather/interfere with
32 (1) (b) marine vegetation in
general use zone
Clause $200 7984 take fish/vegetation
33 (1) (a) for sale from
recreation zone
Clause $500 7985 take fish from
33 (1) (b) recreation zone

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 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 zone
Clause $200 7989 take fish from
34 (1) (a) refuge zone
Clause $200 7990 take fish for
34 (1) (b) aquarium from
refuge zone
Clause $200 7991 gather vegetation
34 (1) (c) from refuge zone
Clause $200 7992 interfere with
34 (1) (d) vegetation in refuge
zone
Clause $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 zone
Clause 35 (3) $200 7997 use anchor in
sanctuary zone
BY AUTHORITY
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