Fisheries Management Act 1994 Fisheries Management (General) Further Amendment (Inland Restricted Fishery) Regulation 1999 (1999-615) [GG No 133 of 26.11.1999, p 10865] (NSW)

1999 No 615

Fisheries Management (General) New South Wales

Further Amendment (Inland Restricted

Fishery) Regulation 1999

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.

The Hon Edward Obeid OAM MLC

Minister for Fisheries

Explanatory note

Under the Fisheries Management (General) Regulation 1995, the taking of yabbies, carp and native finfish for sale from inland waters is a restricted fishery. The fishery is known as the “inland restricted fishery”. A commercial fisher cannot take fish for sale in a restricted fishery unless he or she is authorised by the Minister, by means of an endorsement on his or her commercial fishing licence, to take fish for sale in the restricted fishery.

The objects of this Regulation are as follows:

(a)	to change the eligibility criteria for class A endorsements in the inland restricted fishery (a class A endorsement authorises the holder to take yabby and carp for sale and is transferable),
(b)	to permit a person to hold both a class B endorsement and a class D or E endorsement in certain circumstances,
(c)	to make it clear that fishers authorised to take carp in the inland restricted fishery will be permitted to do so during the closed season for finfish (ie the closed season will apply to native finfish only),
Published in Gazette No 133 of 26 November 1999, page 10865	Page 1
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1999 No 615

Fisheries Management (General) Further Amendment (Inland Restricted Fishery) Regulation

1999

Explanatory note

(d)	to change the composition of the Management Advisory Committee for the inland restricted fishery so that 2 members will represent class A, C and E endorsement holders, and 1 will represent class B and D endorsement holders,
(e)	to extend the transitional arrangements for the implementation of the inland restricted fishery.

As a result of the changes, it will no longer be a condition of eligibility for a class A endorsement that the commercial fisher elected to participate in the restricted fishery when invited to do so by the Director of Fisheries in October 1998. Instead, it will be sufficient that the fisher held, before the restricted fishery was declared, an unrestricted licence that authorised the fisher to take finfish from inland waters, earns more than $20,000 a year from commercial fishing activities and agrees to the cancellation of any class E endorsement held by the fisher. If a fisher receives a class A endorsement the fisher will cease to be eligible for a class C or class E endorsement.

This Regulation is made under the Fisheries Management Act 1994, including sections 104 (4) (a), 113 (2), 116, 230 and 289.

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1999 No 615

Fisheries Management (General) Further Amendment (Inland Restricted	Clause 1
Fishery) Regulation 1999

Fisheries Management (General) Further
Amendment (Inland Restricted Fishery) Regulation
1999

1     Name of Regulation

This Regulation is the Fisheries Management (General) Further
Amendment (Inland Restricted Fishery) Regulation 1999.

2 Amendment of Fisheries Management (General) Regulation 1995

The Fisheries Management (General) Regulation 1995 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

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1999 No 615

Fisheries Management (General) Further Amendment (Inland Restricted

Fishery) Regulation 1999

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 2)

[1]     Clause 3 Definitions

Insert in alphabetical order in clause 3 (1):

inland restricted fishery means the restricted fishery declared
under Division 3A of Part 8.

[2]     Clause 138 Prescribed conditions of commercial fishing licence

Omit “fin fish” from clause 138 (1) (d). Insert instead “native finfish”.

[3]     Clause 200D Eligibility for endorsement

Omit subclause (1). Insert instead:

(1)

A person is eligible for a class A endorsement if:

(a)	the Minister is satisfied that, immediately before the commencement of this Division, the person held a commercial fishing licence that authorised the person to take fish for sale from inland waters and the licence was unrestricted, and
(b)	the Minister is satisfied that the person’s gross average annual income derived from commercial fishing activities is more than $20,000 (calculated on the basis of the records held by the Director for the period from 1 January 1993 to 30 June 1997), and
(c)	the person agrees to the cancellation of the person’s class E endorsement (if such an endorsement is held by the person), with effect before the person is given a class A endorsement.

[4]     Clause 200D, note

Insert at the end of clause 200D:

Note. This Division commenced on 26 February 1999.

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1999 No 615

Fisheries Management (General) Further Amendment (Inland Restricted

Fishery) Regulation 1999

Amendments Schedule 1

[5]     Clause 200F General restrictions on eligibility

Insert “, except as provided by subclause (1A)” after “class E endorsement)” in clause 200F (1) (c).

[6]     Clause 200F (1A) and (1B)

Insert after clause 200F (1):

(1A)	A member of a group that is eligible for a class B endorsement under clause 200D (2) is eligible for, and may hold, a class B endorsement, even if the person holds a class C or class E endorsement.
(1B)	A person who at any stage holds a class A endorsement is not eligible for a class C or class E endorsement (even if the person ceases to hold a class A endorsement).

[7]     Clause 200O

Omit the clause. Insert instead:

200O Transitional arrangements

A person who, immediately before 26 February 1999, was authorised to take fish for sale from inland waters and who applied for an endorsement before 30 July 1999 is taken to be authorised to take fish for sale from inland waters, subject to any restrictions that had effect in respect of the person immediately before 26 February 1999, but only until:

(a)	30 November 1999, or
(b)	the person is given an endorsement (of any class) in the restricted fishery, or
(c)	the person’s application for an endorsement is refused by the Minister,

whichever happens first.

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1999 No 615

Fisheries Management (General) Further Amendment (Inland Restricted

Fishery) Regulation 1999

Schedule 1 Amendments

[8]     Clause 231 Composition of MAC

Omit the matter relating to the inland restricted fishery from the Table to
clause 231.
Insert instead:

Inland restricted fishery 3 2 members representing commercial
fishers who hold a class A
endorsement, class C endorsement
or class E endorsement (or any
combination of the three)
1 member representing commercial
fishers who hold a class B
endorsement or class D
endorsement (or both)

[9]     Clause 267D Inland restricted fishery MAC—transitional arrangements

Omit clause 267D (2). Insert instead:

(2) Of those 3 persons:

(a)	2 are to be commercial fishers appointed to represent the persons who hold a class A endorsement, class C endorsement or class E endorsement (or any combination of the three), and
(b)	1 is to be a commercial fisher appointed to represent persons who hold a class B endorsement or class D endorsement (or both).

[10]     Clause 267D (3)

Insert “and appointed” after “elected”.

[11]     Clause 267D (6)

Insert after clause 267D (5):

(6) In this clause:

endorsement means an endorsement on a commercial fishing licence that authorises the holder to take fish for sale in the inland restricted fishery.

BY AUTHORITY

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