Fisheries Management Act 1994 (NSW)

Does not include amendments by—

Fisheries Management Amendment Act 2009 No 114, Sch 1[27] (not commenced)

220ZB: Ins 1997 No 153, Sch 1 [9].

220ZC: Ins 1997 No 153, Sch 1 [9].

whole Act (except sch 7): Am 2004 No 26, Sch 1 [1] (“Director” and “Director’s” omitted wherever occurring, “Director-General” and “Director-General’s” inserted instead, respectively); 2006 No 18, Sch 1 [1] (“NSW Fisheries” omitted wherever occurring, “the Department” inserted instead); 2015 No 59, Sch 1 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

An Act relating to the management of fishery resources.

Part 1Preliminary1Name of Act

This Act may be cited as the Fisheries Management Act 1994.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act(1)

The objects of this Act are to conserve, develop and share the fishery resources of the State for the benefit of present and future generations.

(2)

In particular, the objects of this Act include—

• (a)

  to conserve fish stocks and key fish habitats, and

• (b)

  to conserve threatened species, populations and ecological communities of fish and marine vegetation, and

• (c)

  to promote ecologically sustainable development, including the conservation of biological diversity,

and, consistently with those objects—

• (d)

  to promote viable commercial fishing and aquaculture industries, and

• (e)

  to promote quality recreational fishing opportunities, and

• (f)

  to appropriately share fisheries resources between the users of those resources, and

• (g)

  to provide social and economic benefits for the wider community of New South Wales, and

• (h)

  to recognise the spiritual, social and customary significance to Aboriginal persons of fisheries resources and to protect, and promote the continuation of, Aboriginal cultural fishing.

Note—

At common law, the public has a right to fish in the sea, the arms of the sea and in the tidal reaches of all rivers and estuaries. The public has no common law right to fish in non-tidal waters—the right to fish in those waters belongs to the owner of the soil under those waters. However, the public may fish in non-tidal waters if the soil under those waters is Crown land. In the case of non-tidal waters in rivers and creeks, section 38 declares that the public has a right to fish despite the private ownership of the bed of the river or creek. However, the right to fish in tidal or non-tidal waters is subject to any restriction imposed by this Act.

s 3: Am 1997 No 153, Sch 1 [1]; 2001 No 104, Sch 1 [1]; 2009 No 114, Sch 1 [1].

4Definitions(1)

In this Act—

Aboriginal cultural fishing means fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational, ceremonial or other traditional purposes, and which do not have a commercial purpose.

Aboriginal fishing assistance program—see section 237B.

Aboriginal person means a person who—

• (a)

  is a member of the Aboriginal race of Australia, and

• (b)

  identifies as an Aboriginal person, and

• (c)

  is accepted by the Aboriginal community as an Aboriginal person.

advisory council means an advisory council established by the Minister under section 229.

advisory group means an advisory group established by the Secretary under section 230.

aquaculture is defined in Part 6.

aquaculture lease means an aquaculture lease granted or renewed under Part 6.

aquaculture permit means an aquaculture permit issued and in force under Part 6.

Australian fishing zone has the same meaning as it has in the Commonwealth Act.

biological diversity means the diversity of life and is made up of the following 3 components—

• (a)

  genetic diversity—the variety of genes (or units of heredity) in any population,

• (b)

  species diversity—the variety of species,

• (c)

  ecosystem diversity—the variety of communities or ecosystems.

boat means any kind of vessel, however navigated.

charter fishing licence means a licence issued under Division 2 of Part 4A and in force.

commercial fisher means a person who holds a commercial fishing licence.

commercial fishing licence means a commercial fishing licence issued under Division 1 of Part 4 and in force.

Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth.

Crown land means Crown land within the meaning of the Crown Land Management Act 2016.

cultivate includes propagate, hatch, breed, rear and farm.

Department means the Department of Primary Industries and Regional Development.

ecologically sustainable development has the same meaning as under section 6(2) of the Protection of the Environment Administration Act 1991.

electronic communication has the same meaning as it has in the Electronic Transactions Act 2000.

examine includes count, measure, weigh and grade.

exercise a function includes perform a duty.

fish is defined in section 5.

fisheries management charge means a fee, charge or contribution that is required to be paid by or under this Act.

fisheries officer means a person for the time being appointed under Part 9 as a fisheries officer for the purposes of this Act.

Note—

Under Part 9, a police officer is also a fisheries officer for the purposes of this Act.

fishery is defined in section 6.

fishing activity means the activity of taking fish, including—

• (a)

  searching for fish, or

• (b)

  any activity that can reasonably be expected to result in the locating, aggregating or taking of fish, or

• (c)

  carrying fish by boat from the place where they are taken to the place where they are to be landed.

fishing boat licence means a licence issued under section 107B and in force.

fishing business is defined in section 34Q.

fishing business determination is defined in section 34Q.

fishing business transfer rules is defined in section 34T.

fishing closure is defined in section 8.

fishing determination means a determination of total allowable catch of fish or total allowable fishing effort made under Part 2A.

fishing gear means any equipment (other than a boat or aircraft) used for fishing activities.

foreign boat has the same meaning as it has in the Commonwealth Act.

forfeited quota—see section 40V.

freshwater means water in a river or creek that is not subject to tidal influence—

• (a)

  including any body of freshwater that is naturally or artificially stored (such as a freshwater lake, lagoon, dam, reservoir, pond, canal, channel or waterway), but

• (b)

  not including any coastal lake that is intermittently open to tidal influence.

The regulations may, for the purpose of avoiding doubt about the application of this definition, specify the point at which any river, creek or other body of water becomes subject to tidal influence.

function includes a power, authority or duty.

habitat means any area occupied, or periodically or occasionally occupied, by fish or marine vegetation (or both), and includes any biotic or abiotic component.

leased area means the area that is the subject of an aquaculture lease.

management plan means—

• (a)

  in relation to a share management fishery—a management plan for the fishery made under Division 5 of Part 3, or

• (b)

  in relation to any other fishery—a management plan under the regulations referred to in section 40(2)(a).

marine vegetation means any species of plant that at any time in its life must inhabit water (other than fresh water).

master of a boat means the master or other person for the time being in charge or command of the boat.

native title holder has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

net includes anything attached to a net.

owner of a fishing business is defined in section 34Q.

oyster means any bivalve mollusc of the family Ostreidae.

possession of a thing includes having the thing under control at any place, even though some other person has physical possession of the thing.

possession limit means a possession limit (within the meaning of section 17A) imposed by the regulations or by an order under section 17C.

premises includes the following—

• (a)

  land or a place, whether built on or not,

  Example—

  Land or a place could include a beach, trail, track, wharf, jetty, rock platform, riverbank and a similar location.

• (b)

  a structure or building.

process fish means cut up, break up, shell, skin, shuck, purge, cook, pack, chill, freeze, can, preserve or otherwise treat or process fish.

prohibited size fish means a fish declared by the regulations under Division 2 of Part 2 to be a prohibited size fish.

public authority means a person or body established or constituted by an Act for a public purpose, and includes a Government Department, a local government authority or a state-owned corporation.

public water land means land submerged by water (whether permanently or intermittently), being—

• (a)

  Crown land, or

• (b)

  land vested in a public authority, or

• (c)

  land vested in trustees for public recreation or for any other public purpose, or

• (d)

  land acquired by the Minister under Division 1 of Part 8,

but does not include land which is the subject of an aquaculture lease or land of which a person has exclusive possession under a lease under any other Act.

quota—see section 40R.

records includes documents containing financial or any other kind of information.

Note—

The Interpretation Act 1987 defines document to include not only paper but also computer or other electronic records.

recreational fisher means a fisher who takes fish by any method, otherwise than for sale.

registered fish receiver means a fish receiver registered under Division 4 of Part 4.

registered native title body corporate has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

registered native title claimant has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

restricted fishery means an exploratory, developmental or other restricted fishery declared under Division 3 of Part 4.

Secretary means the Secretary of the Department.

sell includes—

• (a)

  sell by wholesale, retail, auction or tender, or

• (b)

  barter or exchange, or

• (c)

  supply for profit, or

• (d)

  offer for sale, receive for sale or expose for sale, or

• (e)

  consign or deliver for sale, or

• (f)

  have in possession for sale, or

• (g)

  cause or allow any of the above to be done.

Share Appeal Panel means the Share Management Fisheries Appeal Panel constituted under Division 9 of Part 3.

share management fishery means a fishery specified in Schedule 1.

share management plan means a management plan for a share management fishery.

Share Register means the Share Management Fisheries Register kept in accordance with Division 10 of Part 3.

species of fish includes fish that are of variety, domesticated form or hybrid of the species.

supporting plan, in relation to a share management fishery, means a supporting plan made under Division 5 of Part 3.

TAF Committee means the Total Allowable Fishing Committee appointed under Schedule 2.

take fish includes—

• (a)

  catch or kill fish, or

• (b)

  gather or collect fish, or

• (c)

  remove fish from any rock or other matter,

or attempt to do so.

trust fund means a trust fund established under Division 3 of Part 8.

vehicle includes aircraft, caravan or trailer.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Note—

Section 14.7 of the Biodiversity Conservation Act 2016 enables certain animals to be declared to be fish and certain fish to be declared to be animals, and also enables certain plants to be declared to be marine vegetation and certain marine vegetation to be declared to be plants, for the purposes of that Act and this Act.

(2)

In this Act, a reference to taking fish for sale includes a reference to taking fish for use as bait in taking fish for sale.

(3)

For the purposes of any provision of this Act that provides for an increased maximum penalty for a second or subsequent offence, an offence is to be regarded as a second or subsequent offence in relation to another offence only if—

• (a)

  a conviction was recorded in relation to the other offence, and

• (b)

  the other offence occurred on a separate occasion.

Note—

Penalties for offences are expressed in penalty units. Under the Crimes (Sentencing Procedure) Act 1999, the amount of a penalty unit is currently $110.

(4)

A reference in this Act, or in a regulation or another instrument made under this Act, to the common name of a species of fish does not limit any scientific description of a species of fish in this Act, the regulation or the instrument. If there is any inconsistency between the common name and the scientific description of a species, the scientific description of the species prevails.

Note—

The common name of a species of fish is generally the standard name for the fish as defined in the Australian Standard entitled AS 5300—2019, Australian Fish Names Standard published on 24 June 2019.

s 4: Am 1996 No 141, Sch 1 [1] [2]; 1997 No 153, Schs 1 [2], 2 [1], 4 [1], 5 [1]–[4]; 2000 No 86, Schs 2 [1], 3 [1], 4 [1], 6.2 [1], 7 [1]; 2001 No 56, Sch 1.5 [1] [2]; 2004 No 26, Sch 1 [2] [3]; 2006 No 18, Sch 1 [2]; 2008 No 86, Sch 1 [1]; 2009 No 114, Sch 1 [2]–[4]; 2010 No 59, Sch 2.33 [1]; 2015 No 59, Sch 1 [2]–[8]; 2016 No 63, Sch 11.2 [1], 2017 No 17, Sch 4.32 [1]; 2017 No 56, Sch 1 [1]; 2020 No 30, Schs 2.16[1], 3.12[1]; 2022 No 59, Sch 1.14[1]–[3]; 2022 No 64, Sch 1[1]; 2024 No 82, Sch 1.7.

5Definition of “fish”(1)

In this Act, fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).

(2)

In this Act, fish includes—

• (a)

  oysters and other aquatic molluscs, and

• (b)

  crustaceans, and

• (c)

  echinoderms, and

• (d)

  beachworms and other aquatic polychaetes.

(3)

In this Act, fish also includes any part of a fish.

(4)

However, in this Act, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations.

s 5: Am 1997 No 153, Sch 5 [5].

6Definition of “fishery”(1)

In this Act, fishery means a class of fishing activity.

(2)

For the purposes of this Act, a fishery may be identified by reference to any one or more of the following—

• (a)

  a species or other class of fish,

• (b)

  an area of waters or seabed,

• (c)

  a method of fishing,

• (d)

  a class of boat,

• (e)

  a class of persons,

• (f)

  a purpose of activities.

7Waters to which Act applies(1)

This Act applies—

• (a)

  in relation to all waters that are within the limits of the State, and

• (b)

  except for purposes relating to a fishery, or a part of a fishery, that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Division 3 of Part 5 and except for purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone, and

• (c)

  for purposes relating to a fishery, or a part of a fishery, that is managed in accordance with the law of the State pursuant to an arrangement under Division 3 of Part 5—in relation to any waters to which the legislative powers of the State extend with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise, and

• (d)

  for purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat (other than recreational activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act)—in relation to any waters to which the legislative powers of the State extend with respect to such activities.

Note—

In many cases the legislative powers of the State will extend beyond three nautical miles, particularly in relation to recreational fishing.

(2)

This section is subject to any express limitations in this Act.

(3)

This Act is intended to have extraterritorial application in so far as the legislative powers of the State permit.

Note—

Section 7 and Part 5 implement Commonwealth/State arrangements with respect to fisheries and are in the same form as the fisheries legislation of other States and Territories.

s 7: Am 2001 No 104, Sch 1 [2] [3]; 2009 No 114, Sch 1 [5].

Part 1AFishery management strategies

pt 1A: Ins 2000 No 86, Sch 2 [2].

7ADefinitions

In this Part—

designated fishing activity means a fishing activity described in Schedule 1A.

EPA Act means the Environmental Planning and Assessment Act 1979.

fishing activity includes any activity that may be the subject of environmental assessment under Schedule 1AA.

fishing regulatory controls has the same meaning it has in Schedule 1AA.

s 7A: Ins 2000 No 86, Sch 2 [2]. Am 2003 No 102, Sch 2.2 [1]; 2017 No 60, Sch 5.2 [4].

7BDeclaration of designated fishing activities(1)

Schedule 1A describes designated fishing activities for the purposes of this Part.

(2)

The Governor may, by proclamation published on the NSW legislation website on the recommendation of the Minister, amend Schedule 1A by inserting, omitting or amending the description of a fishing activity.

(3)

The regulations may make provisions of a savings or transitional nature consequent on the amendment of Schedule 1A.

s 7B: Ins 2000 No 86, Sch 2 [2]. Am 2009 No 56, Sch 4.21 [1].

7CFishery management strategy for designated activities(1)

The Minister is to arrange for the preparation of a draft fishery management strategy for each designated fishing activity.

(2)

The Minister may, from time to time, revise the existing strategy for an activity or arrange for the preparation of a new draft strategy for the activity (whether or not a review of the existing strategy is required because performance indicators are not being met).

(2A)

An existing strategy may be revised by including provisions in a subsequent strategy (whether or not relating to the same activity) that are expressed to amend, replace or otherwise revise the provisions of the existing strategy.

(2B)

The Minister may set priorities, or revise priorities, for the implementation of any action contemplated by an existing strategy, in particular, for the purpose of co-ordinating the implementation of actions that are common to 2 or more strategies.

(3)

(Repealed)

(4)

A draft fishery management strategy becomes the existing fishery management strategy when it is approved by the Minister. However, the first fishery management strategy to be approved in respect of a designated fishing activity must be approved in accordance with section 7F.

s 7C: Ins 2000 No 86, Sch 2 [2]. Am 2002 No 112, Sch 1.9 [1]; 2003 No 102, Sch 2.2 [2]; 2004 No 26, Sch 1 [4].

7DPurpose of fishery management strategy(1)

A fishery management strategy is the strategy for achieving the objectives of this Act with respect to the designated fishing activity for which it is prepared. The draft strategy is the basis for environmental assessment under Schedule 1AA of that activity.

(2)

A draft strategy is to be prepared (in accordance with guidelines agreed between the Minister administering this Act and the Minister administering the EPA Act) so as to enable—

• (a)

  an environmental assessment consistent with the principles on which assessments of activities are undertaken under Part 5 of the EPA Act, and

• (b)

  the cumulative environmental impact of fisheries approvals under this Act to be assessed.

Note—

Schedule 1AA makes special provision for the environmental assessment of designated fishing activities. Schedule 1AA, clause 4 requires the preparation of a draft fishery management strategy for any fishing activity that is subject to environmental assessment under the Schedule. The draft strategy is subject to public consultation in conjunction with the environmental impact statement for the assessment.

s 7D: Ins 2000 No 86, Sch 2 [2]. Am 2017 No 60, Sch 5.2 [4]; 2022 No 59, Sch 2.19[1] [2].

7EContent of fishery management strategy

A fishery management strategy is to—

• (a)

  describe the designated fishing activity for which it is prepared, and

• (b)

  incorporate any management plan or draft management plan for the fishery concerned, and

• (c)

  outline the fishing regulatory controls or proposed fishing regulatory controls applicable to the designated fishing activity, and

• (d)

  outline the likely interaction of the designated fishing activity with other fishing activities, and

• (e)

  include performance indicators to monitor whether the objectives of the strategy (and the management plan) and ecologically sustainable development are being attained, and

• (f)

  describe how the designated fishing activity is to be monitored, and

• (g)

  specify at what point a review of the strategy is required when a performance indicator is not being satisfied.

Note—

See section 57 for content of a management plan for a share management fishery.

s 7E: Ins 2000 No 86, Sch 2 [2].

7FRevision of draft strategy and publication of approved strategy following environmental assessment(1)

Following a determination under Schedule 1AA, the Minister is to revise the draft fishery management strategy for the designated fishing activity concerned and make any amendment that is necessary to reflect the result of the determination.

(2)

(Repealed)

(3)

The Minister is to publish the approved strategy (as so revised) in connection with the publication of the determination under Schedule 1AA.

s 7F: Ins 2000 No 86, Sch 2 [2]. Am 2002 No 112, Sch 1.9 [2] [3]; 2003 No 102, Sch 2.2 [3]; 2017 No 60, Sch 5.2 [4].

7GManagement plan not to be made until completion of environmental assessment(1)

Until a determination is made under Schedule 1AA with respect to a designated fishing activity, the first management plan for the fishery concerned cannot be made.

(2)

If the management plan for a share management fishery is not made within the time required by section 42(3), the Minister is not required to recommend that the description of the fishery be omitted from Schedule 1 if the Minister is satisfied, after having consulted with any relevant advisory group or advisory council, that the fishery should be retained as a share management fishery despite the delay in making the plan.

s 7G: Ins 2000 No 86, Sch 2 [2]. Am 2015 No 59, Sch 1 [9]; 2017 No 60, Sch 5.2 [4].

Part 2General fisheries managementDivision 1Fishing closures8Closure of waters to fishing(1)

The Minister may from time to time, by notification, prohibit, absolutely or conditionally, the taking of fish, or of a specified class of fish, from any waters or from specified waters.

(2)

Any such prohibition is called a fishing closure.

9Publication of notification of closures(1)

The notification of a fishing closure is to be published in the Gazette.

(2)

However, if the Minister considers that the fishing closure is required urgently, the Minister may publish the notification using either or both of the following methods—

• (a)

  by causing a copy of the notification to be exhibited in a prominent place adjacent to the waters to which the fishing closure applies,

• (b)

  by publishing the notification on a NSW Government website used by the Department.

(3)

In any such urgent case, the Minister is to publish the notification in the Gazette as soon as practicable.

(4)

The Minister may take any other steps the Minister considers reasonable to publicly notify a fishing closure.

(5)

This section applies to an amendment or revocation of a fishing closure in the same way as it applies to a fishing closure.

s 9: Am 2015 No 59, Sch 1 [10]; 2024 No 47, Sch 1.12[1].

10Duration of closures(1)

A fishing closure takes effect on the publication of the notification or on a later date specified in the notification.

(2)

A fishing closure remains in force, subject to this Act, for the period (not exceeding 5 years) specified in the notification.

11Amendment or revocation of closures

The Minister may from time to time amend or revoke a fishing closure by a further notification published in accordance with this Division.

12General provisions relating to closures

Sections 42–45 of the Interpretation Act 1987 apply to notifications of fishing closures in the same way as they apply to statutory rules within the meaning of that Act.

Note—

The above provisions of the Interpretation Act 1987 relate to standard provisions authorising the adoption of other publications by reference, the making of differential closures, the amendment or repeal of closures and judicial notice and presumptions as to validity for closures.

13Regulations relating to closures

The regulations may make provision for or with respect to giving effect to fishing closures or to any other matter relating to fishing closures.

14Offences relating to closures(1)

A person who takes fish in contravention of a fishing closure is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2)

A person who is in possession of fish taken in contravention of a fishing closure is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(3)

It is a defence to a prosecution for an offence under subsection (2) if the person charged satisfies the court that the person did not know and could not reasonably have known that the fish had been taken in contravention of a provision of or made under this Act.

s 14: Am 2009 No 114, Sch 1 [6].

Division 2Offences relating to size, quantity and particular species of fish

pt 2, div 2, hdg: Subst 2009 No 114, Sch 1 [7].

14ADefinitions(1)

In this Division—

commercial quantity of a priority species of fish means—

• (a)

  in relation to an offence against section 16—the quantity specified as a commercial quantity of fish for the species concerned in Column 3 of Part 1 of Schedule 1B, or

• (b)

  in relation to an offence against section 17 or 18—the quantity specified as a commercial quantity of fish for the species concerned in Column 3 of Part 2 of Schedule 1B.

priority species of fish means—

• (a)

  in relation to an offence against section 16—a species of fish specified in Column 1 of Part 1 of Schedule 1B, or

• (b)

  in relation to an offence against section 17 or 18—a species of fish specified in Column 1 of Part 2 of Schedule 1B.

(2)

If the commercial quantity of a priority species of fish is specified by reference to the total weight of the fish concerned, the total weight of the fish is to be determined in accordance with the regulations.

(3)

The common name of a species of fish specified in Column 2 of Schedule 1B is for information purposes only and does not limit the description of the species of fish in Column 1.

(4)

The Governor may, by regulation made on the recommendation of the Minister, amend Schedule 1B to insert, alter or omit any matter in that Schedule.

s 14A: Ins 2009 No 114, Sch 1 [8].

15Declaration of prohibited size fish(1)

The regulations may declare that fish of a specified species that do not comply with a minimum size, maximum size or range of sizes specified for fish of that species are prohibited size fish.

(1A)

The regulations may declare different prohibited size fish for different classes of persons or for different circumstances.

(2)

The regulations may prescribe the method of determining the size of any class of fish.

(3)

The regulations may specify the size of fish by reference to measurement or weight (or both), or by reference to the number of individuals in any specified weight.

s 15: Am 2009 No 114, Sch 1 [9] [10].

16Prohibited size fish(1)

A person who has prohibited size fish in the person’s possession is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2)

A person who has prohibited size fish in the person’s possession, in circumstances of aggravation, is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    400 penalty units or imprisonment for 12 months (or both) for a first offence, or

  • (ii)

    800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    2,000 penalty units for a first offence, or

  • (ii)

    4,000 penalty units for a second or subsequent offence.

(3)

A person who sells prohibited size fish is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(4)

A person who sells prohibited size fish, in circumstances of aggravation, is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    400 penalty units or imprisonment for 12 months (or both) for a first offence, or

  • (ii)

    800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    2,000 penalty units for a first offence, or

  • (ii)

    4,000 penalty units for a second or subsequent offence.

(5)

For the purposes of subsections (2) and (4), a person has possession of prohibited size fish, or sells prohibited size fish, in circumstances of aggravation if—

• (a)

  the prohibited size fish in possession or sold by the person are a priority species of fish, and

• (b)

  the quantity of prohibited size fish in possession or sold by the person is a commercial quantity of that species of fish.

s 16: Subst 2009 No 114, Sch 1 [11].

17Bag limits—taking of fish(1)

The regulations may specify the maximum quantity of fish of a specified species, or of a specified class, that a person may take on any one day (the daily limit).

(2)

A person who takes on any one day more fish than the daily limit of those fish is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2A)

A person who takes on any one day more fish than the daily limit of those fish, in circumstances of aggravation, is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    400 penalty units or imprisonment for 12 months (or both) for a first offence, or

  • (ii)

    800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    2,000 penalty units for a first offence, or

  • (ii)

    4,000 penalty units for a second or subsequent offence.

(2B)

For the purposes of subsection (2A), a person takes fish in circumstances of aggravation if—

• (a)

  the fish taken are a priority species of fish, and

• (b)

  the quantity of fish taken is a commercial quantity of that species of fish.

(3)

The regulations may specify different daily limits for commercial fishers or other classes of fishers or in any other circumstances specified in the regulations. The regulations may also include restrictions as to size or otherwise in respect of any daily limit of fish.

(3A)

The regulations may specify a daily limit of zero for fish of a specified species or of a specified class. In that case, a reference in this section to taking more fish than the daily limit of those fish is to be read as a reference to taking any of those fish.

(4)

This section does not authorise the taking of fish in contravention of a fishing closure or other provision of or made under this Act.

(5)

The regulations may provide that the maximum quantity of any fish that may be taken applies to a period other than one day. In that case, a reference in this section to any one day is to be read as a reference to that other period.

(6)

The Minister is required to consult any relevant advisory council or advisory group about any proposal to specify or change daily limits under this section.

s 17: Am 1997 No 153, Sch 5 [6]; 2002 No 53, Sch 2.15 [1]; 2009 No 114, Sch 1 [12]–[14]; 2015 No 59, Sch 1 [11].

17ABag limits—possession of fish(1)

Possession limits for fish may be imposed under this Act.

(2)

A possession limit is the maximum quantity of fish that a person may have in the person’s possession in any specified circumstances.

(3)

A possession limit may be imposed in relation to a specified species of fish or fish of a specified class.

(4)

A possession limit may apply generally or be limited to—

• (a)

  a particular class of fishers, or

• (b)

  fish of a particular size, or

• (c)

  particular waters, or

• (d)

  any other specified circumstances.

(5)

The possession limit of any fish need not be the same as the daily limit of those fish.

(6)

A possession limit of zero may be imposed.

(7)

This section does not authorise the possession of fish in contravention of any other provision of or made under this Act.

s 17A: Ins 2015 No 59, Sch 1 [12].

17BHow possession limits are imposed(1)

A possession limit may be imposed—

• (a)

  by the regulations, or

• (b)

  by Ministerial order.

(2)

If there is any inconsistency between a possession limit imposed by the regulations and a possession limit imposed by Ministerial order, the possession limit imposed by Ministerial order prevails.

(3)

The Minister is required to consult any relevant advisory council or advisory group about any proposal to impose a possession limit by regulation or to change possession limits imposed by the regulations.

(4)

In this section—

Ministerial order means an order of the Minister under section 17C.

s 17B: Ins 2015 No 59, Sch 1 [12].

17CMinisterial order imposing possession limit(1)

The Minister may, by order, impose a possession limit.

(2)

The order is to be published in the Gazette.

(3)

However, if the Minister considers that the imposition of a possession limit is required urgently, the Minister may publish notification of the order using either or both of the following methods—

• (a)

  by causing a copy of the order to be exhibited in a prominent place adjacent to the waters to which the order applies,

• (b)

  by publishing notice of the order on a NSW Government website used by the Department.

(4)

In any such urgent case, the Minister is to publish the order in the Gazette as soon as practicable.

(5)

The Minister may take any other steps the Minister considers reasonable to publicly notify an order under this section.

(6)

Subsections (2)–(5) apply to an amendment or revocation of an order under this section in the same way as they apply to the making of an order under this section.

(7)

An order under this section has effect for the period (not exceeding 5 years) specified in the order.

(8)

Subsection (7) does not prevent the making of a further order under this section.

(9)

Sections 40 and 41 of the Interpretation Act 1987 apply in respect of an order under this section (including an order that amends or revokes an order) in the same way as they apply in respect of a statutory rule.

(10)

For that purpose, a reference in those sections to the day of publication on the NSW legislation website is to be read as a reference to the day of first publication of the order in accordance with this section.

s 17C: Ins 2015 No 59, Sch 1 [12]. Am 2024 No 47, Sch 1.12[1].

18Offence of contravening possession limit(1)

(Repealed)

(2)

A person who has in the person’s possession more than the possession limit of any fish is guilty of an offence. This subsection applies irrespective of the period over which the fish were taken.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2A)

A person who has in the person’s possession, in circumstances of aggravation, more than the possession limit of any fish is guilty of an offence. This subsection applies irrespective of the period over which the fish were taken.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    400 penalty units or imprisonment for 12 months (or both) for a first offence, or

  • (ii)

    800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    2,000 penalty units for a first offence, or

  • (ii)

    4,000 penalty units for a second or subsequent offence.

(2B)

For the purposes of subsection (2A), a person has possession of fish in circumstances of aggravation if—

• (a)

  the fish in the person’s possession are a priority species of fish, and

• (b)

  the quantity of fish in the person’s possession is a commercial quantity of that species of fish.

(3)

(Repealed)

(3A)

If a possession limit of zero is imposed for fish of a specified species or of a specified class, a reference in this section to being in possession of more than the possession limit of those fish is to be read as a reference to being in possession of any of those fish.

(4), (5)

(Repealed)

s 18: Am 1997 No 153, Sch 5 [7]; 2009 No 114, Sch 1 [15]–[18]; 2015 No 59, Sch 1 [13]–[16].

18AAdditional monetary penalty for bag limit offences involving priority species(1)

A court that finds a person guilty of an offence against section 17 or 18 in respect of any species of fish that is a priority species of fish in relation to the offence concerned may impose an additional penalty for the offence of up to 10 times the market value of the fish the subject of the offence.

(2)

The market value of the fish the subject of the offence is the amount determined by the court as the price at which the fish might reasonably have been expected to be sold by the person who committed the offence at the time the offence was committed.

(3)

In determining the market value of the fish the subject of the offence, the court may have regard to the following—

• (a)

  the price for which fish of that species were being sold at the time of the offence (whether or not to purchasers within this State and whether or not legally),

• (b)

  the price for which the fish were sold, or for which fish of that species have previously been sold, by the person who committed the offence,

• (c)

  any other matters it considers appropriate.

(4)

The court may determine the market value of the fish the subject of the offence by reference to the weight of the fish the subject of the offence, the number of fish the subject of the offence or by any other method it considers appropriate.

(5)

The penalty provided for by this section is in addition to the maximum penalty provided for by this Act in respect of the particular offence concerned.

s 18A: Ins 2009 No 114, Sch 1 [19].

19Protected fish(1)

The regulations may declare that fish of a specified species are protected fish.

(2)

A person who takes protected fish is guilty of an offence.

(3)

A person who has protected fish in the person’s possession is guilty of an offence.

(4)

The regulations may declare the possession of any protected fish to be prohibited absolutely.

(5)

If the possession of protected fish is prohibited absolutely, subsection (3) applies whether or not the fish are taken from waters to which this Act applies.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

s 19: Am 1997 No 153, Sch 5 [8]; 2009 No 114, Sch 1 [20] [21].

20Fish and waters protected from commercial fishing(1)

The regulations may declare that fish of a specified species are protected, absolutely or conditionally, from all or a class of commercial fishing.

(2)

The regulations may declare specified waters to be waters in which all or a class of commercial fishing is prohibited absolutely or conditionally.

(3)

A person who—

• (a)

  takes fish of a species declared under subsection (1) in breach of the declaration, or

• (b)

  takes fish from waters declared under subsection (2) in breach of the declaration, or

• (c)

  sells fish taken in breach of a declaration under subsection (1) or (2),

is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    1,000 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    2,000 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    2,000 penalty units for a first offence, or

  • (ii)

    4,000 penalty units for a second or subsequent offence.

(4)

The regulations may declare the sale of any species of fish that is protected from commercial fishing under subsection (1) to be prohibited absolutely.

(5)

A person who sells fish of a species declared under subsection (4) is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    1,000 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    2,000 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    2,000 penalty units for a first offence, or

  • (ii)

    4,000 penalty units for a second or subsequent offence.

(6)

Subsection (5) applies whether or not the fish were taken from waters to which this Act applies.

(7)

A person cannot be found guilty of both an offence against subsection (3)(c) and an offence against subsection (5) in respect of the same sale.

(8)

Nothing in this section limits the power of the Minister to make a fishing closure in relation to commercial fishing.

s 20: Am 1997 No 153, Sch 5 [9]. Subst 2001 No 104, Sch 1 [4]. Am 2009 No 114, Sch 1 [22] [23]; 2010 No 59, Sch 2.33 [2].

20AFish and waters protected from recreational fishing(1)

The regulations may declare that fish of a specified species are protected, absolutely or conditionally, from all or a class of recreational fishing.

(2)

The regulations may declare specified waters to be waters in which all or a class of recreational fishing is prohibited absolutely or conditionally.

(3)

A person who—

• (a)

  takes fish of a species declared under subsection (1) in breach of the declaration, or

• (b)

  takes fish from waters declared under subsection (2) in breach of the declaration,

is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(4)

Nothing in this section limits the power of the Minister to make a fishing closure in relation to recreational fishing.

s 20A: Ins 2009 No 114, Sch 1 [24].

20BShark finning and related prohibitions(1)

A person must not, while on board a boat in any waters—

• (a)

  remove a fin from any species of shark, or

• (b)

  be in possession of a shark fin that is not naturally attached to the body of a shark, or

• (c)

  be in possession of any part of a shark.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2)

The regulations may provide for circumstances in which a person does not commit an offence against this section.

s 20B: Ins 2015 No 59, Sch 1 [17].

21Defences(1)

It is a defence to a prosecution for an offence under this Division if the person charged satisfies the court that—

• (a)

  the fish were lawfully taken from or lawfully cultivated in waters to which this Act does not apply, or

• (b)

  the fish were cultivated under the authority conferred by an aquaculture permit, or

• (c)

  the fish were taken or in possession under the authority conferred by any other permit under this Act, or

• (d)

  the person has any other defence that is prescribed by the regulations.

(2)

Subsection (1)(a) does not apply to the following offences—

• (a)

  an offence under section 19(3), if the possession of the protected fish is prohibited absolutely by the regulations,

• (b)

  an offence under section 20(5).

s 21: Am 1997 No 153, Sch 5 [10]; 2001 No 104, Sch 1 [5]; 2009 No 114, Sch 1 [25] [26].

Division 2ATrafficking in fish

pt 2, div 2A (ss 21A–21C): Ins 2009 No 114, Sch 1 [28].

21ADefinitions(1)

In this Division—

indictable quantity of a species of fish means the quantity specified as an indictable quantity of fish for the species concerned in Column 3 of Schedule 1C.

indictable species of fish means a species of fish specified in Column 1 of Schedule 1C.

(2)

If an indictable quantity of a species of fish is specified by reference to the total weight of the fish concerned, the total weight of the fish is to be determined in accordance with the regulations.

(3)

The common name of a species of fish specified in Column 2 of Schedule 1C is for information purposes only and does not limit the description of the species of fish in Column 1.

(4)

The Governor may, by regulation made on the recommendation of the Minister, amend Schedule 1C to insert, alter or omit any matter in that Schedule.

pt 2, div 2A (ss 21A–21C): Ins 2009 No 114, Sch 1 [28].

21BTrafficking in fish(1)

A person must not traffic in an indictable species of fish.

Maximum penalty—Imprisonment for 10 years.

(2)

For the purposes of this Division, a person traffics in an indictable species of fish if—

• (a)

  the person dishonestly takes, sells, receives or possesses fish of an indictable species, and

• (b)

  the taking, selling, receiving or possession of the fish by the person contravenes another provision of this Act or of the regulations, and

• (c)

  the quantity of fish of an indictable species taken, sold, received or possessed is not less than an indictable quantity of the species concerned.

(3)

Any defence that is applicable to proceedings for an offence in respect of a contravention of another provision of this Act or of the regulations also applies to proceedings for an offence against this section in respect of the same contravention.

(4)

A person may be found guilty of an offence against this section in relation to a contravention of another provision of this Act whether or not the person has been found guilty of an offence against another provision of this Act in relation to that contravention.

pt 2, div 2A (ss 21A–21C): Ins 2009 No 114, Sch 1 [28].

21CAdditional monetary penalty may be imposed(1)

A court that finds a person guilty of an offence against section 21B may impose an additional penalty for the offence of up to 10 times the market value of the fish the subject of the offence.

(2)

The market value of the fish the subject of the offence is the amount determined by the court as the price at which the fish might reasonably have been expected to be sold by the person who committed the offence at the time the offence was committed.

(3)

In determining the market value of the fish the subject of the offence, the court may have regard to the following—

• (a)

  the price for which fish of that species were being sold at the time of the offence (whether or not to purchasers within this State and whether or not legally),

• (b)

  the price for which the fish were sold, or for which fish of that species have previously been sold, by the person who committed the offence,

• (c)

  any other matters it considers appropriate.

(4)

The court may determine the market value of the fish the subject of the offence by reference to the weight of the fish the subject of the offence, the number of fish the subject of the offence or by any other method it considers appropriate.

(5)

The penalty provided for by this section is in addition to the maximum penalty provided for by this Act in respect of the offence concerned.

pt 2, div 2A (ss 21A–21C): Ins 2009 No 114, Sch 1 [28].

Division 3Fishing gear22Registration of fishing gear(1)

The regulations may make provision for or with respect to the registration of specified classes of fishing gear.

(2)

If a class of fishing gear is registrable, a person who uses unregistered gear of that class to take fish is guilty of an offence.

Maximum penalty—In the case of a corporation, 50 penalty units or, in any other case, 25 penalty units.

23Regulations relating to fishing gear

The regulations may make provision for or with respect to fishing gear (including the classes of nets or traps that may lawfully be used for taking fish).

24Lawful use of nets or traps(1)

A person must not use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2)

This section does not affect any other prohibition of the use of a net or trap under a fishing closure or other provision of or made under this or any other Act.

s 24: Am 2009 No 114, Sch 1 [29].

25Possession of illegal fishing gear(1)

A person who is in possession of any fishing gear in, on or adjacent to any waters is guilty of an offence if—

• (a)

  the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under this Act, or

• (b)

  the taking of fish from those waters is, at that time, prohibited by or under this Act.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2)

A person who is on board a boat is taken to be in possession of any fishing gear found in the boat.

(3)

It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the fishing gear was being transported, in accordance with the written authority of a fisheries officer, to waters where the person could lawfully take fish with that gear.

(4)

It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the fishing gear was in his or her possession for a lawful purpose (including any purpose prescribed as lawful by the regulations).

s 25: Am 2009 No 114, Sch 1 [30]; 2010 No 59, Sch 1.14 [1].

Division 426–34

(Repealed)

pt 2, div 4: Rep 2015 No 59, Sch 1 [18].

s 26: Rep 2015 No 59, Sch 1 [18].

s 27: Rep 2015 No 59, Sch 1 [18].

s 28: Am 2000 No 86, Sch 3 [2]. Rep 2015 No 59, Sch 1 [18].

ss 29–31: Rep 2015 No 59, Sch 1 [18].

s 32: Am 2006 No 18, Sch 1 [3]. Rep 2015 No 59, Sch 1 [18].

s 33: Rep 2015 No 59, Sch 1 [18].

s 34: Rep 2015 No 59, Sch 1 [18].

Division 4ARecreational fishing fee

pt 2, div 4A: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2].

34ADefinitions

In this Division—

fishing fee means a recreational fishing fee payable under this Division.

fishing fee exemption certificate means a certificate issued under section 34I and in force.

official receipt means a receipt issued under this Division for payment of a recreational fishing fee, being—

• (a)

  if the fishing fee was paid in person—

  • (i)

    the hard copy receipt, or a copy of the receipt, issued as evidence of payment, or

  • (ii)

    a photo, including a photo on a smartphone or other mobile device, of the receipt that clearly displays the information on the receipt, or

• (b)

  if the fishing fee was paid over the telephone or by electronic means—

  • (i)

    the receipt number issued as evidence of payment, or

  • (ii)

    a photo, including a photo on a smartphone or other mobile device, of the receipt that clearly displays the information on the receipt, or

• (c)

  any other evidence of payment of a fishing fee prescribed by the regulations.

s 34A: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2]. Am 2009 No 114, Sch 1 [31]; 2022 No 59, Sch 1.14[4].

34AAPurpose of fishing fees

The purpose of fishing fees is to provide revenue to assist activities supported through the recreational fishing trust funds established under Division 3 of Part 8, including the following—

• (a)

  enhancing, maintaining or protecting recreational fishing,

• (b)

  carrying out research into fish and their ecosystems,

• (c)

  managing recreational fishing,

• (d)

  ensuring compliance with recreational fishing regulatory controls.

s 34AA: Ins 2001 No 104, Sch 1 [6]. Am 2009 No 114, Sch 1 [32].

34BRecreational fishing fee

A recreational fishing fee is payable by recreational fishers as required by this Division.

s 34B: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2].

34CRecreational fishers required to pay fishing fee(1)

A fishing fee is payable by all recreational fishers, unless exempted by or under this section.

(2)

A fisher is exempt from paying a fishing fee—

• (a)

  if the fisher is under 18 years of age, or

• (b)

  if the fisher is of or over 18 years of age and is only assisting a fisher under 18 years of age to take fish by means of a single rod or line, or

• (c)

  if the fisher holds a licence, permit or other authority under this Act or the regulations and is taking fish in accordance with that licence, permit or other authority, or

• (d)

  if the fisher is engaging in recreational fishing activities that are exempt from payment of a fishing fee by virtue of a fishing fee exemption certificate that is in force, or

• (e)

  if the fisher is taking fish from water subject to an aquaculture permit and is taking fish to which the permit relates, or

• (f)

  if the fisher is an Aboriginal person, or

• (g)

  if the fisher is taking fish from an aquarium, or from a body of water of a class exempted by the regulations, or

• (h)

  if the fisher is a fisher of a class exempted by the regulations.

(3)

The regulations may require recreational fishers to produce evidence that they are exempt from paying a fishing fee.

s 34C: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2]. Am 2001 No 56, Sch 1.5 [3]; 2009 No 114, Sch 1 [33].

34DPeriods for which fishing fee payable(1)

A fishing fee is payable for any period during which a recreational fisher takes fish from any waters otherwise than for sale.

(2)

A fishing fee may be paid for any of the following periods—

• (a)

  a period of 3 days,

• (b)

  a period of 1 month,

• (c)

  a period of 12 months,

• (d)

  a period of 3 years.

(3)

The regulations may prescribe other periods for which a fishing fee may be paid (whether in addition to, or substitution for, the periods referred to in subsection (2)).

s 34D: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2].

34EAmount of fishing fee(1)

The amount of the fishing fee is (subject to this section)—

• (a)

  for a period of 3 days—$5, or

• (a1)

  for a period of 1 month—$10, or

• (b)

  for a period of 12 months—$25, or

• (c)

  for a period of 3 years—$70.

(2)

The regulations may prescribe a different amount for any such period and may prescribe the amount for any other period for which a fishing fee may be paid.

s 34E: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2]. Am 2001 No 56, Sch 1.5 [4].

34FReductions in fishing fee payable

The regulations may provide for reductions in the amount of the fishing fee otherwise payable by persons of a specified class.

s 34F: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2].

34GIssue of receipt on payment of fishing fee(1)

A person who pays a fishing fee is entitled to be issued with an official receipt for the payment.

(2)

A receipt is evidence of the payment of the fishing fee and not an authority to take fish, and accordingly cannot be refused or made subject to any conditions.

(3)

A receipt is to be in a form approved by the Minister.

(3A)

The Secretary is to make appropriate arrangements to ensure that a person who pays a fishing fee is issued with an official receipt for the payment.

(4)

The regulations may make provision for the issue of replacement receipts for receipts that are lost, destroyed or damaged.

(5)

A receipt is not transferable.

s 34G: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2]. Am 2009 No 114, Sch 1 [34].

34HArrangements for collection of fishing fees and issue of receipts(1)

The Secretary may enter into arrangements with any person for the collection of fishing fees and the issue of official receipts. A person who enters into such an arrangement is an authorised agent for the purposes of this Act.

(2)

The Secretary is to ensure that sufficient arrangements are made to enable the payment of fishing fees in convenient locations throughout the State.

(3)

An arrangement may make provision for the payment of a commission to the authorised agent, whether by way of the retention of a percentage of the amount of fishing fees paid or by way of a separate payment.

(4)

An arrangement may make provision for the authorised agent to make specified records, and follow specified procedures, with respect to the collection and remittance of fishing fees and the issue of official receipts.

s 34H: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2].

34IFishing fee exemption certificates(1)

The Minister may issue a fishing fee exemption certificate in respect of any recreational fishing activities.

(2)

A certificate exempts persons carrying out those recreational fishing activities from the obligation to pay a fishing fee under this Division.

(3)

A certificate may be issued—

• (a)

  to a person in respect of recreational fishing activities that are carried out under the supervision or guidance of the person (or an employee or agent of the person), or

• (b)

  to the owner of a boat (or another person authorised by the owner) in respect of recreational fishing activities that are carried out on the boat, or

• (c)

  to such other persons or class of persons, and in respect of such other activities, as the regulations may prescribe.

(4)

The fee (if any) payable for the certificate and other matters concerning the certificate are to be prescribed by the regulations. The fee for the certificate is taken to be a fishing fee paid under this Division for the purposes of Division 3 of Part 8.

s 34I: Ins 1997 No 153, Sch 2 [2]. Subst 2000 No 86, Sch 4 [2].

34JOffences(1)

A recreational fisher who is required by this Division to pay a fishing fee is guilty of an offence if the fisher fails to pay the fishing fee.

Maximum penalty—20 penalty units.

(2)

A recreational fisher who is required by this Division to pay a fishing fee is guilty of an offence if the fisher does not have an official receipt for the payment of the fishing fee in his or her immediate possession when taking fish from any waters.

Maximum penalty—20 penalty units.

(3)

For the purposes of proceedings under this section, a person who is in possession of fishing gear on, in or adjacent to any waters is presumed conclusively to be taking fish from those waters (even though the person takes or proposes to take fish only from other waters outside the State). The regulations may provide exemptions from this subsection.

(4)

For the purposes of this section, a person has an official receipt in his or her immediate possession only if the person is able to immediately produce the official receipt if required.

s 34J: Ins 2000 No 86, Sch 4 [2]. Am 2009 No 114, Sch 1 [35] [36].

Division 4BAcquisition of commercial fishing entitlements

pt 2, div 4B: Ins 2000 No 86, Sch 5 [1].

34KPurpose of Division

The purpose of this Division is to provide an equitable mechanism for the reallocation of fisheries resources and for the payment of compensation to commercial fishers for the acquisition of their fishing entitlements.

s 34K: Ins 2000 No 86, Sch 5 [1].

34LDeclaration by Minister of acquisition of entitlements

(1)

The Minister may, by order published in the Gazette—

• (a)

  declare that any fishery (or part of a fishery) specified in the order is a fishery to which this Division applies, and

• (b)

  specify the relevant commercial fishing entitlements that are to be acquired under this Division.

(2)

For the purposes of this Division—

• (a)

  any such declaration is an acquisition declaration, and

• (b)

  the fishery (or the part of a fishery) to which the declaration relates is the declared fishery, and

• (c)

  the specified commercial fishing entitlements are the acquired entitlements.

s 34L: Ins 2000 No 86, Sch 5 [1].

34MConsultation on proposed acquisition declaration

The Minister is required to give the following persons and bodies an opportunity to make submissions on any proposed acquisition declaration and to take any submission that is duly made into account—

• (a)

  the persons whose commercial fishing entitlements are proposed to be acquired,

• (b)

  any relevant advisory council or advisory group,

• (c)

  the local community in the area affected by the proposed declaration.

Note—

Section 284 sets out the public consultation procedure.

s 34M: Ins 2000 No 86, Sch 5 [1]. Am 2015 No 59, Sch 1 [19].

34NTermination of commercial fishing entitlements following declaration of acquisition(1)

As soon as practicable after an acquisition declaration, the Minister is to cancel the acquired entitlements.

(2)

For that purpose, the Minister may do any one or more of the following—

• (a)

  cancel any shares in a share management fishery,

• (b)

  cancel a commercial fishing licence,

• (c)

  take any other action available to the Minister.

s 34N: Ins 2000 No 86, Sch 5 [1].

34OEntitlement to compensation for acquired entitlements(1)

The persons who held acquired entitlements that are cancelled under this Division are entitled (subject to this Division) to compensation from the State for the market value of the entitlements they held—

• (a)

  as at 19 January 2000, subject to paragraph (b), or

• (b)

  as at a later date notified in the acquisition declaration.

(2)

If the amount of the compensation is not agreed between the Minister and the person entitled to compensation, the Minister is to determine the amount after a review of the matter by a panel constituted by the Minister in accordance with the regulations.

(3)

If the person entitled to compensation is not satisfied with the review of the matter by the panel, the Minister may (at the person’s request) refer the matter to the Valuer-General for advice as to the amount of compensation required to be paid under this section.

(4)

A person who is dissatisfied with the amount of compensation offered to the person under this Division or with any delay in the payment of compensation may appeal to the Land and Environment Court.

(5)

The regulations may make provision for or with respect to the payment of compensation in accordance with this Division.

s 34O: Ins 2000 No 86, Sch 5 [1].

Division 4CFishing businesses

pt 2, div 4C, hdg: Ins 2004 No 26, Sch 1 [5]. Am 2006 No 58, Sch 2.15.

pt 2, div 4C: Ins 2004 No 26, Sch 1 [5].

34PDefinitions

In this Division—

fishing authority means a licence, permit, share, endorsement or any other authority relating to fishing activities issued or given under this Act or any other law (whether or not of this State).

NSW fishing authority means a fishing authority issued or given under this Act.

transfer of a fishing business or a component of a fishing business means the transfer, transmission, conveyance or assignment of a fishing business or component of a fishing business, and includes any other dealing in a fishing business or component of a fishing business of a kind prescribed by the regulations.

s 34P: Ins 2004 No 26, Sch 1 [5].

34QFishing business determinations(1)

The Secretary may, from time to time—

• (a)

  determine that a business that the Secretary considers to be a separate and identifiable fishing business is a fishing business, and

• (b)

  determine the components of that fishing business.

(2)

Such of the following as the Secretary considers to be owned, used, held or acquired in connection with a fishing business may be determined to be a component of the fishing business—

• (a)

  one or more fishing boats,

• (b)

  fishing gear,

• (c)

  any fishing authority held by a person,

• (d)

  the catch history of any person (determined in accordance with this Act and the regulations).

(3)

For the purposes of this Act—

• (a)

  a fishing business is a business determined by the Secretary to be a fishing business under this section, and

• (b)

  the fishing business is comprised of those components that are determined by the Secretary to be components of the fishing business.

(4)

The Secretary may, from time to time, amend or revoke a determination under this section by making a further determination.

(5)

A determination by the Secretary under this section is called a fishing business determination.

(6)

A fishing business determination is to be made—

• (a)

  in accordance with such provisions (if any) relating to the making of fishing business determinations as may be contained in the regulations or a management plan for a fishery (or both), and

• (b)

  in a manner consistent with any guidelines relating to transfers of fishing businesses, approved by the Secretary before the commencement of this section, that had effect in relation to any transfer made before the fishing business transfer rules took effect.

(7)

The Secretary may make a fishing business determination at any time—

• (a)

  on his or her own initiative, or

• (b)

  on an application made, in a form and manner approved by the Secretary, by the person (or persons) who own the business in respect of which the determination is sought.

(8)

The Secretary is required to give the person (or persons) who own a business that is the subject of a fishing business determination notice in writing of the determination.

(9)

A reference in this Act to the owner of a fishing business is a reference to the person (or persons) who, from time to time, owns or own a business that is, or has been, determined to be a fishing business by the Secretary under this section.

s 34Q: Ins 2004 No 26, Sch 1 [5]. Am 2006 No 18, Sch 1 [4].

34RAllocation of fishing business number(1)

The Secretary is to allocate a unique identification number to each fishing business.

(2)

The Secretary may endorse a NSW fishing authority that is a component of a fishing business with the number allocated to the fishing business.

s 34R: Ins 2004 No 26, Sch 1 [5].

34SRegister of fishing business determinations(1)

The Secretary is required to keep a register of fishing business determinations.

(2)

For each fishing business determination there is to be recorded in the register—

• (a)

  the name of the person (or persons) who own the business the subject of the determination,

• (b)

  the number allocated by the Secretary to the fishing business,

• (c)

  particulars of the components of the fishing business,

• (d)

  such other particulars as are required by the regulations to be recorded in the register in relation to a fishing business.

(3)

The register may be kept wholly or partly by means of a computer.

(4)

The register is to be made available for public inspection at the head office of the Department during ordinary business hours.

(5)

If the register is kept wholly or partly by means of a computer, subsection (4) may be complied with by making the contents of the register available on a NSW Government website used by the Department.

(6)

The Secretary may correct any error in or omission from the register.

(7)

A certificate signed or purporting to be signed by the Secretary, or an officer of the Department authorised in writing by the Secretary to exercise the functions conferred by this subsection, that certifies that, on a specified date or during a specified period, the particulars contained in the register as to specified matters were as so specified, is admissible in any proceedings and is evidence of the matters so certified.

s 34S: Ins 2004 No 26, Sch 1 [5]. Am 2024 No 47, Sch 1.12[2].

34TFishing business transfer rules(1)

The regulations or the management plan for a fishery (or both) may make provision for or with respect to the transfer of a fishing business (or components of a fishing business) and provide for the recognition, or restriction, of fishing rights following any such transfer. Such provisions are referred to as fishing business transfer rules.

(2)

In particular, the fishing business transfer rules may provide that a person to whom a component of a fishing business is transferred does not, as a consequence of that transfer, acquire any right to be issued with or given a NSW fishing authority unless all components of the fishing business are either transferred to the person or surrendered to the Minister for cancellation.

Note—

Some components of a fishing business, for example, endorsements in a restricted fishery, may not be transferable (see section 114). The fishing business transfer rules may require such endorsements to be surrendered to the Minister for cancellation if other components of the fishing business are transferred to another person.

(3)

The fishing business transfer rules may authorise the Minister to cancel a NSW fishing authority that is a component of a fishing business if any other component of the fishing business is transferred in contravention of the fishing business transfer rules.

(4)

No compensation is payable by or on behalf of the State for the cancellation of a NSW fishing authority in accordance with the fishing business transfer rules.

s 34T: Ins 2004 No 26, Sch 1 [5].

Division 5General35Possessing fish illegally taken(1)

A person who is in possession of fish which were illegally taken is guilty of an offence.

Maximum penalty—

• (a)

  in the case of an individual—

  • (i)

    200 penalty units or imprisonment for 6 months (or both) for a first offence, or

  • (ii)

    400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

• (b)

  in the case of a corporation—

  • (i)

    1,000 penalty units for a first offence, or

  • (ii)

    2,000 penalty units for a second or subsequent offence.

(2)

It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the person could not reasonably have known that the fish had been illegally taken.

(3)

In this section—

illegally taken means taken in contravention of a provision of or made under—

• (a)

  this Act, or

• (b)

  a law of another State or Territory, or of the Commonwealth, relating to fisheries.

s 35: Am 1997 No 153, Sch 5 [11] [12]; 2009 No 114, Sch 1 [37].

36Defence for accidental etc taking of fish(1)

It is a defence to a prosecution for an offence against this Act or the regulations relating to the taking of fish if the person charged satisfies the court that, on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury.

(2)

The defence provided under subsection (1) extends to fish taken and immediately released in the course of a sport fishing activity (being an activity conducted in accordance with any requirements of the regulations).

(3)

The defence provided under subsection (1) is not available in proceedings for an offence under Part 7A.

Note—

See Division 4 of Part 7A for defences to offences under that Part.

s 36: Am 2009 No 114, Sch 1 [38].

37Defence—special approval for research or other authorised purposes(1)

The Minister may approve the taking and possession of fish or marine vegetation of any kind or of a specified kind for any or all of the following purposes—

• (a)

  research,

• (b)

  aquaculture,

• (c)

  aquarium collection,

• (d)

  Aboriginal cultural fishing,

• (e)

  any purpose prescribed by the regulations,

• (f)

  any other purpose approved by the Minister that is consistent with the objects of this Act.

(2)

An approval may authorise the taking of fish or marine vegetation by any method or by any specified method, from any waters or any specified waters or in any other specified way, despite any provision of or made under this Act to the contrary.

(3)

The Minister may grant an approval under this section—

• (a)

  by issuing a permit to a person that authorises the taking and possession of fish or marine vegetation, or

• (b)

  by making an order that authorises the taking and possession of fish or marine vegetation.

(4)

The Minister is to cause notice of any order made under this section, or the amendment or revocation of such an order, to be published on a NSW Government website used by the Department or in the Gazette (or both).

(5)

It is a defence to a prosecution for an offence against this Act or the regulations if the person charged satisfies the court that the act or omission of the person constituting the offence was authorised by an approval in force under this section.

(6)

An approval under this section—

• (a)

  is subject to such conditions as are prescribed by the regulations or specified in the permit or order by which the approval is granted, and

• (b)

  remains in force for the period of one year or such other period as is specified in the permit or order by which the approval is granted.

(7)

Without limiting subsection (6), an approval that authorises any fishing activity that involves the use of a boat may specify that the activity is an activity for which a fishing boat licence is required. In such a case, the fishing activity the subject of the approval is taken to be a declared commercial fishing boat activity under Division 2 of Part 4.

(8)

The power to grant an approval under this section is limited by section 220ZW (Licence to harm threatened species, population or ecological community or damage habitat).

(9)

The Minister is not to grant an approval for Aboriginal cultural fishing if to authorise the fishing activities and practices concerned would be inconsistent with native title rights and interests under an approved determination of native title (within the meaning of the Native Title Act 1993 of the Commonwealth) or with the terms of an indigenous land use agreement (within the meaning of that Act).

(10)

The regulations may make further provision for approvals under this section.

s 37: Am 1997 No 153, Sch 1 [3] [4]; 2009 No 114, Sch 1 [39]–[44]. Subst 2015 No 59, Sch 1 [20]. Am 2024 No 47, Sch 1.12[1].

37AAProvisions relating to permits(1)

A person may apply to the Minister, in a form approved by the Minister, for a permit under section 37 (a section 37 permit).

(2)

The regulations may make provision for the fees to be paid for an application for a section 37 permit or the issue of a section 37 permit.

(3)

In addition to any application fee or issue fee, the regulations may make provision for the payment by a permit holder of a contribution towards one or more of the following costs—

• (a)

  the costs of managing the activities authorised by the permit,

• (b)

  the costs of monitoring the activities authorised by the permit,

• (c)

  the costs of ensuring compliance with permit conditions and any other fishing regulatory controls relevant to the activity authorised by the permit,

• (d)

  the costs of carrying out research into the activity authorised by the permit, or the fishery, species or method associated with that activity.

(4)

A section 37 permit may authorise a specified person or a specified class of persons, in addition to the permit holder, to take and possess fish or marine vegetation as authorised by the permit.

(5)

The Minister may from time to time vary the conditions of a section 37 permit by notice given to the permit holder.

(6)

The Minister may at any time cancel or suspend a section 37 permit by notice given to the permit holder.

s 37AA: Ins 2015 No 59, Sch 1 [20].

37ADefence—permits authorising sale of fish for charitable purposes(1)

The Minister may issue to a person or body a permit that authorises the sale of fish, by auction, for a charitable purpose.

(2)

Any such permit may also authorise a person, or any class of persons specified in the permit, to take and possess fish, in connection with the sale of the fish by auction, by any method or by any specified method, from any waters or any specified waters or in any other specified way, despite any provision of or made under this Act to the contrary.

(3)

A person who takes fish, or is in possession of fish, in connection with a sale authorised by a permit issued under this Part, and in accordance with the authority granted by the permit, is not considered to be taking that fish, or in possession of that fish, for sale.

(4)

It is a defence to a prosecution for an offence against this Act or the regulations if the person charged satisfies the court that the act or omission constituting the offence was authorised by a permit issued under this section.

(5)

A permit under this section—

• (a)

  is subject to such conditions as are prescribed by the regulations or specified in the permit, and

• (b)

  remains in force for the period specified in the permit, and

• (c)

  may be cancelled or suspended by the Minister at any time by notice given to the permit holder.

(6)

The Minister may from time to time, by notice given to the permit holder, vary the conditions of a permit under this section.

(7)

The regulations may make provision for or with respect to permits under this section. In particular, the regulations may prescribe the fee payable for the issue of a permit.

(8)

The power to issue permits under this section is limited by section 220ZW (Licence to harm threatened species, population or ecological community or damage habitat).

(9)

In this section—

charitable purpose includes any benevolent, philanthropic or patriotic purpose.

s 37A: Ins 2006 No 18, Sch 1 [5].

38Right to fish in certain inland waters(1)

A person may take fish from waters in a river or creek that are not subject to tidal influence despite the fact that the bed of those waters is not Crown land if, for the purpose of taking those fish, the person is in a boat on those waters or is on the bed of the river or creek.

(2)

The right conferred by this section is subject to the other provisions of this Act.

(3)

In this section, bed of a river or creek includes any part of the bed of the river or creek which is alternatively covered and left bare with an increase or decrease in the supply of water (other than during floods).

39Obstruction of recognised fishing grounds(1)

A commercial fisher may request a person to remove anything which has been placed or left by the person, without lawful excuse, on a recognised fishing ground and which is obstructing the lawful net fishing activities of the commercial fisher.

(2)

A person who fails to remove any such obstruction after being directed by a fisheries officer to do so is guilty of an offence.

Maximum penalty—In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.

(3)

A court that convicts a person of an offence against this section may order the person to remove the obstruction. If the obstruction is not removed in accordance with the order, the Minister may cause it to be removed and recover the cost of the removal from the person as a debt in a court of competent jurisdiction.

(4)

In this section, recognised fishing ground means any area of the sea or of other public water land used regularly or intermittently for net fishing by commercial fishers, being an area identified by or in accordance with the regulations as a recognised fishing ground.

40Regulations relating to general management of fisheries(1)

The regulations may make provision for or with respect to any matter relating to the management of fishery resources.

(2)

In particular, the regulations may make provision for or with respect to the following—

• (a)

  the development of plans for the management of fishery resources and the establishment of planning committees for that purpose,

• (b)

  preventing interference with the fishing activities of fishers,

• (c)

  preventing interference with set fishing gear,

• (d)

  determining the priority between fishers engaged in fishing activities in the same area,

• (d1)

  regulating recreational fishing competitions (including requiring a permit for any such competition and prescribing a fee for the issue of a permit),

• (d2)

  prohibiting the possession or receipt of fish illegally taken, processed or dealt with in any place outside the State,

Am 2009 No 114, Sch 1 [68]–[70].
Sec 137	Am 2009 No 114, Sch 1 [71].
Sec 138	Am 2009 No 114, Sch 1 [72].
Sec 141	Am 2009 No 114, Sch 1 [73] [74].
Part 5, Div 4 (secs 141A, 141B)	Ins 1997 No 153, Sch 5 [20].
Sec 142	Am 2009 No 114, Sch 1 [75].
Sec 144	Am 2009 No 114, Sch 1 [76].
Sec 146	Am 1997 No 77, Sch 5.14 [3]; 1997 No 152, Sch 4.10 [1]; 1998 No 54, Sch 2.17 [1]; 2013 No 95, Sch 2.62 [3]; 2019 No 14, Sch 2.8[2].
Sec 147	Am 2009 No 114, Sch 1 [77] [78].
Sec 148	Am 2009 No 114, Sch 1 [79]; 2014 No 33, Sch 1.7.
Sec 149	Am 2009 No 114, Sch 1 [80].
Sec 152	Am 2009 No 114, Sch 1 [81]; 2015 No 24, Sch 8.17 [1]; 2022 No 59, Sch 1.14[7].
Sec 154	Am 2009 No 114, Sch 1 [82]; 2022 No 59, Sch 1.14[8]; 2024 No 47, Sch 1.12[2].
Sec 156	Am 2009 No 114, Sch 1 [80].
Sec 157A	Ins 2001 No 56, Sch 1.5 [5].
Sec 158	Subst 2004 No 26, Sch 1 [40].
Sec 160	Am 1997 No 77, Sch 5.14 [4]; 2013 No 95, Sch 2.62 [4]; 2022 No 59, Sch 1.14[9].
Sec 161	Am 1997 No 77, Sch 5.14 [5]; 2013 No 95, Sch 2.62 [5].
Sec 162	Am 2017 No 22, Sch 1.8 [1] [2].
Sec 163	Am 2009 No 114, Sch 1 [83] [84]; 2011 No 22, Sch 2.6 [1]; 2012 No 42, Sch 1.11 [1]; 2019 No 14, Sch 2.8[3]; 2024 No 47, Sch 1.12[2].
Sec 164	Am 2009 No 114, Sch 1 [85].
Sec 166	Subst 2004 No 26, Sch 1 [41]. Am 2009 No 114, Sch 1 [86].
Sec 169	Am 1997 No 153, Sch 5 [21].
Sec 170	Am 2012 No 42, Sch 1.11 [2].
Sec 171	Am 2017 No 22, Sch 1.8 [3] [4].
Sec 176	Am 2017 No 17, Sch 4.32 [2].
Sec 177	Am 1997 No 77, Sch 5.14 [6]; 2009 No 114, Sch 1 [87]; 2012 No 42, Sch 1.11 [3]; 2013 No 95, Sch 2.62 [6].
Sec 179	Am 2009 No 114, Sch 1 [80].
Part 6, Div 4	Rep 2015 No 24, Sch 8.17 [2].
Sec 181	Am 2009 No 114, Sch 1 [88] [89]; 2012 No 31, Sch 2 [1]. Rep 2015 No 24, Sch 8.17 [2].
Sec 182	Am 1997 No 153, Sch 5 [22]; 2001 No 104, Sch 1 [9]. Subst 2009 No 114, Sch 1 [90]. Rep 2015 No 24, Sch 8.17 [2].
Sec 182A	Ins 2009 No 114, Sch 1 [90]. Rep 2015 No 24, Sch 8.17 [2].
Sec 183	Am 2000 No 86, Sch 7 [6]; 2009 No 114, Sch 1 [91]–[96]; 2010 No 59, Sch 1.14 [2]; 2012 No 31, Sch 2 [1]–[6]. Rep 2015 No 24, Sch 8.17 [2].
Sec 184	Rep 2015 No 24, Sch 8.17 [2].
Secs 185, 186	Am 2009 No 106, Sch 1.8 [1]. Rep 2015 No 24, Sch 8.17 [2].
Sec 187	Am 2009 No 106, Sch 1.8 [2] [3]; 2012 No 31, Sch 2 [7]. Rep 2015 No 24, Sch 8.17 [2].
Sec 187A	Ins 2009 No 114, Sch 1 [97]. Rep 2015 No 24, Sch 8.17 [2].
Secs 187B, 187C	Ins 2015 No 59, Sch 1 [92]. Rep 2015 No 24, Sch 8.17 [2].
Sec 189	Am 2009 No 114, Sch 1 [80].
Sec 191	Am 2009 No 114, Sch 1 [80]; 2012 No 42, Sch 1.11 [4]; 2020 No 30, Sch 1.17[2].
Sec 192	Am 1997 No 153, Sch 1 [5] [6].
Part 7, Div 2	Rep 2014 No 72, Sch 3, cl 2 (a).
Part 7, Div 2, Subdiv 1, heading	Ins 2001 No 104, Sch 1 [10]. Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 194	Am 2000 No 86, Sch 6.2 [2]. Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 195	Am 2000 No 86, Sch 6.2 [3]; 2010 No 127, Sch 4.5 [1]. Rep 2014 No 72, Sch 3, cl 2 (a).
Secs 195A–195C	Ins 2000 No 86, Sch 6.2 [4]. Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 196	Am 2000 No 86, Sch 6.2 [5]. Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 197	Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 197A	Ins 2000 No 86, Sch 6.2 [6]. Rep 2014 No 72, Sch 3, cl 2 (a).
Part 7, Div 2, Subdiv 2	Ins 2001 No 104, Sch 1 [11]. Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 197B	Ins 2001 No 104, Sch 1 [11]. Am 2007 No 27, Sch 1.17 [1]. Rep 2014 No 72, Sch 3, cl 2 (a).
Secs 197C, 197D	Ins 2001 No 104, Sch 1 [11]. Rep 2014 No 72, Sch 3, cl 2 (a).
Part 7, Div 2, Subdiv 3 (secs 197E–197K)	Ins 2001 No 104, Sch 1 [11]. Rep 2014 No 72, Sch 3, cl 2 (a).
Sec 198	Am 1995 No 13, Sch 4.8; 2000 No 53, Sch 2.6. Subst 2000 No 86, Sch 6.2 [7]. Am 2018 No 25, Sch 1.11 [2].
Sec 198A	Ins 2000 No 86, Sch 6.2 [7]. Am 2018 No 25, Sch 1.11 [3].
Sec 198B	Ins 2000 No 86, Sch 6.2 [7].
Sec 199	Am 2000 No 86, Sch 6.2 [8]; 2015 No 59, Sch 1 [93]; 2017 No 17, Sch 4.32 [3]; 2018 No 25, Sch 1.11 [2].
Sec 200	Am 2000 No 86, Sch 6.2 [8]; 2001 No 104, Sch 1 [12]; 2017 No 17, Sch 4.32 [4]; 2018 No 25, Sch 1.11 [2] [3].
Sec 201	Am 2000 No 86, Sch 6.2 [8]; 2001 No 104, Sch 1 [13] [14]; 2005 No 43, Sch 7.4 [1]; 2015 No 59, Sch 1 [94]; 2017 No 17, Sch 4.32 [5]; 2018 No 25, Sch 1.11 [4].
Sec 202	Subst 2009 No 114, Sch 1 [98]. Am 2018 No 25, Sch 1.11 [2].
Sec 203	Am 1997 No 153, Sch 5 [23]; 2015 No 59, Sch 1 [95]–[97]; 2018 No 25, Sch 1.11 [2].
Part 7, Div 4	Subst 1997 No 153, Sch 1 [7].
Sec 204	Subst 1997 No 153, Sch 1 [7]. Am 2000 No 86, Sch 6.2 [9] [10]; 2004 No 26, Sch 1 [42]; 2015 No 59, Sch 1 [98].
Sec 204A	Ins 1997 No 153, Sch 1 [7]. Am 2001 No 104, Sch 1 [15] [16].
Sec 204B	Ins 1997 No 153, Sch 1 [7]. Am 2001 No 104, Sch 1 [17] [18]; 2020 No 30, Sch 1.17[3].
Sec 205	Subst 1997 No 153, Sch 1 [7]. Am 2001 No 104, Sch 1 [19] [20]; 2020 No 30, Sch 1.17[4].
Sec 205A	Ins 1997 No 153, Sch 1 [7]. Subst 2000 No 86, Sch 6.2 [11].
Sec 205B	Ins 2001 No 104, Sch 1 [21].
Sec 206	Am 2009 No 114, Sch 1 [99] [100].
Sec 208	Subst 1997 No 153, Sch 1 [8].
Part 7, Div 6, heading	Subst 1997 No 153, Sch 5 [24]. Rep 2015 No 24, Sch 8.17 [3].
Part 7, Div 6	Rep 2015 No 24, Sch 8.17 [3].
Sec 209	Am 1997 No 153, Sch 5 [25]–[28]; 2000 No 86, Sch 7 [7]. Subst 2009 No 114, Sch 1 [101]. Rep 2015 No 24, Sch 8.17 [3].
Secs 209A, 209B	Ins 2009 No 114, Sch 1 [101]. Rep 2015 No 24, Sch 8.17 [3].
Secs 209C, 209D	Ins 2012 No 31, Sch 2 [8]. Rep 2015 No 24, Sch 8.17 [3].
Sec 210	Am 1997 No 153, Sch 5 [27] [29]; 2012 No 31, Sch 2 [9]. Rep 2015 No 24, Sch 8.17 [3].
Sec 211	Am 1997 No 153, Sch 5 [27] [30] [31]. Rep 2015 No 24, Sch 8.17 [3].
Sec 212	Am 1997 No 153, Sch 5 [27]. Rep 2015 No 24, Sch 8.17 [3].
Sec 213	Am 1997 No 153, Sch 5 [27] [32]–[36]; 2015 No 59, Sch 1 [99]–[103]. Rep 2015 No 24, Sch 8.17 [3].
Sec 214	Am 1997 No 153, Sch 5 [27] [37]; 2002 No 103, Sch 4.37 [1]–[3]. Rep 2015 No 24, Sch 8.17 [3].
Sec 214A	Ins 2009 No 114, Sch 1 [102]. Rep 2015 No 24, Sch 8.17 [3].
Sec 214B	Ins 2012 No 31, Sch 2 [10]. Rep 2015 No 24, Sch 8.17 [3].
Part 7, Div 7, heading	Subst 2009 No 114, Sch 1 [103].
Sec 215	Am 2007 No 27, Sch 1.17 [2]. Subst 2009 No 114, Sch 1 [104].
Sec 216	Am 2009 No 114, Sch 1 [105].
Sec 217	Am 2000 No 86, Sch 6.2 [12] [13]; 2003 No 40, Sch 1.15 [1]–[3]. Subst 2009 No 114, Sch 1 [106].
Sec 217A	Ins 2009 No 114, Sch 1 [106].
Sec 218	Am 1997 No 153, Sch 5 [38]; 2000 No 86, Sch 6.2 [14]–[16]; 2001 No 104, Sch 1 [22]; 2009 No 114, Sch 1 [107] [108]; 2011 No 22, Sch 2.6 [2]; 2019 No 14, Sch 2.8[4].
Sec 219	Am 1997 No 107, Sch 2.2 [1]; 1999 No 94, Sch 4.25; 2000 No 86, Sch 6.2 [17] [18]; 2001 No 104, Sch 1 [23].
Sec 220	Am 1997 No 152, Sch 4.10 [2]; 1997 No 153, Sch 5 [39]; 1998 No 54, Sch 2.17 [2]; 1998 No 120, Sch 2.17 [1]; 2000 No 86, Sch 6.2 [19]; 2009 No 114, Sch 1 [109]; 2019 No 14, Sch 2.8[5].
Sec 220AA	Ins 2009 No 114, Sch 1 [110].
Part 7A	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 1	Ins 1997 No 153, Sch 1 [9].
Sec 220A	Ins 1997 No 153, Sch 1 [9]. Am 2001 No 104, Sch 1 [24]; 2016 No 63, Sch 11.2 [2].
Sec 220B	Ins 1997 No 153, Sch 1 [9]. Am 2002 No 78, Sch 2.2 [1]; 2004 No 88, Sch 2 [1]–[5]; 2010 No 59, Sch 2.33 [3]; 2013 No 51, Sch 7.17 [1]; 2016 No 63, Sch 11.2 [3]–[5].
Sec 220BA	Ins 2002 No 78, Sch 2.2 [2]. Rep 2016 No 63, Sch 11.2 [6].
Part 7A, Div 2	Ins 1997 No 153, Sch 1 [9].
Sec 220C	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [6].
Sec 220D	Ins 1997 No 153, Sch 1 [9]. Am 1999 No 85, Sch 1.14 [1]; 2004 No 88, Sch 2 [7]–[9]; 2009 No 56, Sch 4.21 [2].
Sec 220E	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [10].
Sec 220F	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [11].
Secs 220FA–220FD	Ins 2004 No 88, Sch 2 [11].
Sec 220G	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [12].
Sec 220H	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [13].
Sec 220I	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [14] [15].
Sec 220IA	Ins 2002 No 78, Sch 2.2 [3]. Am 2016 No 63, Sch 11.2 [5] [7].
Sec 220J	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [16]–[18].
Sec 220K	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [19] [20].
Secs 220L, 220M	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [21].
Sec 220MA	Ins 2004 No 88, Sch 2 [21]. Am 2024 No 47, Sch 1.12[3].
Sec 220N	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [22].
Sec 220NA	Ins 2004 No 88, Sch 2 [23].
Sec 220O	Ins 1997 No 153, Sch 1 [9]. Am 2001 No 104, Sch 1 [25]; 2015 No 15, Sch 2.23; 2015 No 59, Sch 1 [104] [105].
Part 7A, Div 3, heading	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [24].
Part 7A, Div 3	Ins 1997 No 153, Sch 1 [9].
Sec 220P	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [25].
Sec 220Q	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [26].
Secs 220R, 220S	Ins 1997 No 153, Sch 1 [9].
Sec 220T	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [25].
Sec 220U	Ins 1997 No 153, Sch 1 [9].
Sec 220V	Ins 1997 No 153, Sch 1 [9]. Am 2016 No 63, Sch 11.2 [8].
Sec 220W	Ins 1997 No 153, Sch 1 [9]. Am 2015 No 59, Sch 1 [106]; 2024 No 47, Sch 1.12[4].
Sec 220X	Ins 1997 No 153, Sch 1 [9].
Sec 220Y	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [25].
Sec 220Z	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 4	Ins 1997 No 153, Sch 1 [9].
Sec 220ZA	Ins 1997 No 153, Sch 1 [9].
220ZB	Ins 1997 No 153, Sch 1 [9].
220ZC	Ins 1997 No 153, Sch 1 [9].
Sec 220ZD	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [27].
Sec 220ZE	Ins 1997 No 153, Sch 1 [9]. Am 2009 No 114, Sch 1 [111].
Sec 220ZF	Ins 1997 No 153, Sch 1 [9]. Am 2001 No 104, Sch 1 [26]; 2002 No 67, Sch 5.2 [1] [2]; 2004 No 88, Sch 2 [28] [29]; 2005 No 43, Sch 7.4 [2]; 2009 No 114, Sch 1 [112]–[114]; 2010 No 59, Sch 2.33 [3]; 2011 No 22, Sch 2.6 [3]; 2015 No 59, Sch 1 [107] [108]; 2016 No 63, Sch 11.2 [9] [10]; 2018 No 40, Sch 3.4.
Sec 220ZFA	Ins 2004 No 88, Sch 2 [30]. Am 2013 No 51, Sch 7.17 [2]; 2015 No 24, Sch 8.17 [4].
Sec 220ZFB	Ins 2008 No 86, Sch 1 [2].
Sec 220ZG	Ins 1997 No 153, Sch 1 [9]. Am 1999 No 94, Sch 4.25; 2009 No 114, Sch 1 [115] [116].
Sec 220ZGA	Ins 2009 No 114, Sch 1 [117]. Am 2017 No 53, Sch 4.20 [1]–[3].
Part 7A, Div 4A	Ins 2009 No 114, Sch 1 [118].
Sec 220ZGB	Ins 2009 No 114, Sch 1 [118]. Am 2016 No 63, Sch 11.2 [11].
Part 7A, Div 5	Ins 1997 No 153, Sch 1 [9].
Sec 220ZH	Ins 1997 No 153, Sch 1 [9].
Sec 220ZI	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [31]–[34]; 2015 No 59, Sch 1 [109].
Sec 220ZJ	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [35].
Sec 220ZJA	Ins 2002 No 78, Sch 2.2 [4]. Am 2015 No 59, Sch 1 [110]. Rep 2016 No 63, Sch 11.2 [12].
Sec 220ZK	Ins 1997 No 153, Sch 1 [9]. Subst 2004 No 88, Sch 2 [36].
Sec 220ZL	Ins 1997 No 153, Sch 1 [9]. Rep 2004 No 88, Sch 2 [37].
Secs 220ZM, 220ZN	Ins 1997 No 153, Sch 1 [9].
Sec 220ZO	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [38].
Secs 220ZP–220ZT	Ins 1997 No 153, Sch 1 [9].
Sec 220ZU	Ins 1997 No 153, Sch 1 [9]. Am 2002 No 67, Sch 5.2 [3] [4].
Sec 220ZV	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 5A (secs 220ZVA–220ZVE)	Ins 2004 No 88, Sch 2 [39].
Part 7A, Div 6, heading	Ins 1997 No 153, Sch 1 [9]. Am 2001 No 104, Sch 1 [27].
Part 7A, Div 6	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 6, Subdiv 1	Ins 1997 No 153, Sch 1 [9].
Sec 220ZW	Ins 1997 No 153, Sch 1 [9]. Am 2006 No 18, Sch 1 [28]; 2015 No 59, Sch 1 [111] [112].
Secs 220ZX, 220ZY	Ins 1997 No 153, Sch 1 [9].
Sec 220ZZ	Ins 1997 No 153, Sch 1 [9]. Am 2002 No 78, Sch 2.2 [5] (am 2005 No 64, Sch 1.43 [2]); 2015 No 59, Sch 1 [113].
Sec 220ZZA	Ins 2002 No 78, Sch 2.2 [6]. Am 2023 No 35, Sch 1.9[1].
Secs 221–221I	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 6, Subdiv 1A	Ins 2001 No 104, Sch 1 [28].
Secs 221IA–221IJ	Ins 2001 No 104, Sch 1 [28].
Sec 221IK	Ins 2001 No 104, Sch 1 [28]. Rep 2004 No 91, Sch 1.16 [2].
Part 7A, Div 6, Subdiv 2	Ins 1997 No 153, Sch 1 [9].
Sec 221J	Ins 1997 No 153, Sch 1 [9]. Am 1999 No 97, Sch 2.2 [1]; 2001 No 104, Sch 1 [29]; 2002 No 53, Sch 2.15 [2] [3].
Sec 221K	Ins 1997 No 153, Sch 1 [9]. Rep 2004 No 55, Sch 3. Reinstated 2004 No 91, Sch 1.16 [1].
Sec 221L	Ins 1997 No 153, Sch 1 [9]. Am 1999 No 97, Sch 2.2 [3]; 2001 No 104, Sch 1 [30].
Secs 221M, 221N	Ins 1997 No 153, Sch 1 [9].
Sec 221NA	Ins 2004 No 88, Sch 2 [40].
Part 7A, Div 7	Ins 1997 No 153, Sch 1 [9].
Sec 221O	Ins 1997 No 153, Sch 1 [9]. Am 2001 No 104, Sch 1 [31].
Secs 221P–221U	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 8	Ins 1997 No 153, Sch 1 [9].
Sec 221V	Ins 1997 No 153, Sch 1 [9]. Am 2016 No 63, Sch 11.2 [13].
Sec 221W	Ins 1997 No 153, Sch 1 [9]. Am 2008 No 86, Sch 1 [3]; 2016 No 63, Sch 11.2 [5].
Secs 221X–221Z	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 9	Ins 1997 No 153, Sch 1 [9].
Sec 221ZA	Ins 1997 No 153, Sch 1 [9].
Sec 221ZB	Ins 1997 No 153, Sch 1 [9]. Am 2004 No 88, Sch 2 [41] [42]; 2016 No 63, Sch 11.2 [5].
Secs 221ZC–221ZE	Ins 1997 No 153, Sch 1 [9].
Part 7A, Div 10	Ins 2004 No 88, Sch 2 [43]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZF	Ins 2004 No 88, Sch 2 [43]. Am 2013 No 51, Sch 7.17 [3] [4]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZG	Ins 2004 No 88, Sch 2 [43]. Am 2013 No 51, Sch 7.17 [5]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZH	Ins 2004 No 88, Sch 2 [43]. Am 2013 No 51, Sch 7.17 [6]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZI	Ins 2004 No 88, Sch 2 [43]. Am 2013 No 51, Sch 7.17 [7]–[9]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZJ	Ins 2004 No 88, Sch 2 [43]. Am 2010 No 59, Sch 2.33 [4]; 2015 No 59, Sch 1 [114]. Rep 2016 No 63, Sch 11.2 [14].
Part 7A, Div 11	Ins 2004 No 88, Sch 2 [43]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZK	Ins 2004 No 88, Sch 2 [43]. Am 2008 No 36, Sch 1.3. Rep 2016 No 63, Sch 11.2 [14].
Secs 221ZL–221ZP	Ins 2004 No 88, Sch 2 [43]. Rep 2016 No 63, Sch 11.2 [14].
Sec 221ZQ	Ins 2004 No 88, Sch 2 [43]. Am 2010 No 59, Sch 2.33 [4]; 2015 No 59, Sch 1 [114]. Rep 2016 No 63, Sch 11.2 [14].
Secs 221ZR, 221ZS	Ins 2004 No 88, Sch 2 [43]. Rep 2016 No 63, Sch 11.2 [14].
Part 7A, Div 12	Ins 2016 No 63, Sch 11.2 [15].
Sec 221ZT	Ins 2016 No 63, Sch 11.2 [15].
Sec 221ZU	Ins 2016 No 63, Sch 11.2 [15]. Am 2020 No 30, Sch 3.12[2]; 2023 No 35, Sch 1.9[2]; 2024 No 47, Sch 1.12[5].
Sec 221ZV	Ins 2016 No 63, Sch 11.2 [15].
Sec 221ZW	Ins 2016 No 63, Sch 11.2 [15].
Sec 221ZX	Ins 2016 No 63, Sch 11.2 [15].
Sec 221ZY	Ins 2016 No 63, Sch 11.2 [15]. Am 2023 No 35, Sch 1.9[3] [4].
Sec 221ZZ	Ins 2016 No 63, Sch 11.2 [15]. Am 2023 No 35, Sch 1.9[5] [6].
Sec 221ZZA	Ins 2016 No 63, Sch 11.2 [15].
Sec 222A (previously sec 221)	Renumbered 1997 No 153, Sch 1 [10].
Sec 222B (previously sec 222)	Renumbered 1997 No 153, Sch 1 [11]. Am 2017 No 56, Sch 1 [2].
Sec 223	Am 2010 No 127, Sch 4.5 [2]; 2017 No 17, Sch 4.32 [6].
Sec 227	Am 2000 No 86, Sch 2 [5]; 2019 No 14, Sch 2.8[6]; 2022 No 59, Sch 1.14[10].
Sec 228	Am 2022 No 59, Sch 1.14[11].
Part 8, Div 1A (secs 228A–228C)	Ins 2000 No 86, Sch 2 [6]. Rep 2003 No 102, Sch 2.2 [4].
Part 8, Div 2	Subst 1996 No 141, Sch 1 [12].
Sec 229	Subst 1996 No 141, Sch 1 [12]. Am 2009 No 114, Sch 1 [119].
Sec 230	Subst 1996 No 141, Sch 1 [12]. Am 2000 No 86, Sch 3 [14] [15]; 2001 No 104, Sch 1 [32]–[34]. Subst 2015 No 59, Sch 1 [115].
Sec 231	Subst 1996 No 141, Sch 1 [12]. Am 2015 No 59, Sch 1 [116] [117].
Part 8, Div 3	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3.
Sec 232	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3. Am 2000 No 86, Sch 4 [3].
Sec 233	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3. Am 2000 No 86, Sch 4 [4] [5]; 2015 No 59, Sch 1 [118].
Sec 234	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3. Am 2000 No 86, Sch 4 [6] [7]; 2009 No 114, Sch 1 [60].
Sec 235	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3 (am 1998 No 54, Sch 2.18 [2]). Am 2000 No 86, Sch 4 [8] [9]; 2009 No 114, Sch 1 [60].
Sec 236	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3 (am 1998 No 54, Sch 2.18 [3]). Am 2009 No 114, Sch 1 [60]; 2015 No 59, Sch 1 [119].
Sec 236A	Ins 2000 No 86, Sch 4 [10]. Am 2009 No 114, Sch 1 [60]; 2015 No 59, Sch 1 [120]–[125].
Sec 237	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3. Am 2009 No 114, Sch 1 [60].
Sec 237A	Ins 2015 No 59, Sch 1 [126]. Am 2017 No 56, Sch 1 [3]–[8].
Sec 237B	Ins 2017 No 56, Sch 1 [9]. Am 2018 No 25, Sch 1.11 [5]; 2018 No 70, Sch 3.24 [1].
Sec 237C	Ins 2017 No 56, Sch 1 [9].
Sec 237D	Ins 2017 No 56, Sch 1 [9]. Am 2018 No 25, Sch 1.11 [6].
Sec 238	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3. Am 2009 No 114, Sch 1 [60].
Sec 238A	Ins 1997 No 153, Sch 3.
Sec 238B	Ins 2000 No 86, Sch 2 [7]. Am 2019 No 14, Sch 2.8[7].
Sec 238C	Ins 2001 No 104, Sch 1 [35].
Sec 239	Rep 1996 No 141, Sch 1 [12]. Ins 1997 No 153, Sch 3.
Sec 239A	Ins 1997 No 153, Sch 3. Am 2018 No 70, Sch 3.24 [2].
Sec 239B	Ins 1997 No 153, Sch 3.
Sec 241	Am 2009 No 114, Sch 1 [120]; 2015 No 59, Sch 1 [127].
Sec 242	Am 2012 No 31, Sch 2 [11]; 2015 No 59, Sch 1 [128].
Sec 242A	Ins 1997 No 153, Sch 5 [40]. Am 2011 No 41, Sch 5.8; 2020 No 30, Sch 4.22.
Sec 250	Am 2009 No 114, Sch 1 [121]–[123].
Sec 255A	Ins 2022 No 64, Sch 1[2].
Sec 256	Am 1994 No 38, sec 256(6); 2009 No 114, Sch 1 [124]–[128]; 2012 No 89, Sch 2 [1]–[5]; 2020 No 5, Sch 1.14[1] [2]; 2021 No 5, Sch 1.14[1] [2]; 2022 No 5, Sch 1.9.
Sec 257	Am 1997 No 153, Sch 2 [3]; 2000 No 86, Sch 4 [11].
Sec 258	Am 2009 No 114, Sch 1 [129]; 2015 No 59, Sch 1 [129].
Sec 258A	Ins 2009 No 114, Sch 1 [130].
Sec 258B	Ins 2009 No 114, Sch 1 [130]. Am 2012 No 89, Sch 2 [6] [7]; 2015 No 59, Sch 1 [130].
Sec 259	Rep 2015 No 59, Sch 1 [131].
Sec 260	Am 2002 No 103, Sch 4.37 [4]–[6].
Sec 261	Am 2001 No 104, Sch 1 [36] [37].
Sec 264	Am 2000 No 86, Sch 7 [8].
Sec 265	Subst 1997 No 153, Sch 5 [41].
Sec 266	Am 2000 No 86, Sch 7 [9].
Sec 269	Am 1997 No 107, Sch 2.2 [2]; 1999 No 94, Sch 4.25; 2000 No 86, Sch 7 [10]; 2007 No 94, Sch 3; 2009 No 114, Sch 1 [131]; 2010 No 59, Sch 2.33 [5]–[7].
Sec 270	Am 2000 No 86, Sch 7 [11].
Sec 271	Am 1997 No 107, Sch 2.2 [3]; 1998 No 120, Sch 2.17 [2]; 1999 No 94, Sch 4.25; 2000 No 86, Sch 7 [12].
Sec 272	Am 2000 No 86, Sch 7 [13] [14]; 2007 No 94, Sch 2.
Sec 274	Am 1997 No 153, Sch 5 [42].
Part 9, Div 4A	Ins 2000 No 86, Sch 7 [15].
Sec 275A	Ins 2000 No 86, Sch 7 [15]. Am 2002 No 53, Sch 2.15 [4].
Secs 275B–275F	Ins 2000 No 86, Sch 7 [15].
Sec 275G	Ins 2000 No 86, Sch 7 [15]. Am 2001 No 104, Sch 1 [38].
Secs 275H, 275I	Ins 2000 No 86, Sch 7 [15].
Part 9, Div 4B (secs 275J–275T)	Ins 2015 No 59, Sch 1 [132].
Sec 276	Subst 2017 No 22, Sch 3.25.
Sec 277	Am 1997 No 153, Sch 1 [12]; 1999 No 85, Sch 2.22; 2001 No 121, Sch 2.117 [1]; 2007 No 94, Sch 2; 2009 No 114, Sch 1 [132]–[134].
Sec 278	Am 2001 No 121, Sch 2.117 [2].
Sec 279A	Ins 2009 No 114, Sch 1 [135].
Sec 280	Am 2004 No 26, Sch 1 [43].
Sec 281A	Ins 2015 No 59, Sch 1 [133]. Am 2024 No 47, Sch 1.12[1].
Sec 282	Am 1997 No 153, Sch 1 [13]; 2002 No 55, Sch 1.3.
Sec 282A	Ins 2000 No 86, Sch 2 [8]. Am 2019 No 14, Sch 2.8[8] [9].
Part 9, Div 7	Ins 2000 No 86, Sch 7 [16].
Sec 282B	Ins 2000 No 86, Sch 7 [16].
Sec 282C	Ins 2000 No 86, Sch 7 [16]. Am 2009 No 114, Sch 1 [136].
Secs 282D–282G	Ins 2000 No 86, Sch 7 [16].
Part 9, Div 8	Ins 2009 No 114, Sch 1 [137].
Sec 282H	Ins 2009 No 114, Sch 1 [137].
Sec 282I	Ins 2009 No 114, Sch 1 [137]. Am 2010 No 59, Sch 2.33 [5] [7].
Sec 282J	Ins 2009 No 114, Sch 1 [137].
Sec 282K	Ins 2009 No 114, Sch 1 [137]. Am 2017 No 53, Sch 4.20 [4]–[6].
Sec 283	Am 1997 No 153, Sch 1 [14].
Sec 283A	Ins 2006 No 18, Sch 1 [29]. Am 2015 No 59, Sch 1[134].
Sec 284	Am 1997 No 153, Sch 1 [15]; 2000 No 86, Schs 2 [9], 5 [2], 6.2 [20]; 2001 No 104, Sch 1 [39]; 2004 No 88, Sch 2 [44] [45]; 2006 No 18, Sch 1 [30]–[32]; 2014 No 72, Sch 3, cl 2 (b); 2015 No 59, Sch 1 [135] [136]; 2018 No 25, Sch 2.9 [2]; 2022 No 59, Sch 1.14[12]; 2024 No 47, Sch 1.12[1].
Sec 284A	Ins 2015 No 59, Sch 1 [137].
Sec 286A	Ins 2010 No 57, Sch 1.9. Am 2015 No 59, Sch 1 [138]–[140].
Sec 288	Am 2015 No 59, Sch 1 [141].
Sec 288AA	Ins 2015 No 59, Sch 1 [142].
Sec 288A	Ins 2000 No 86, Sch 6.2 [21].
Sec 288B	Ins 2009 No 114, Sch 1 [138]. Am 2018 No 25, Sch 1.11 [7].
Sec 288C	Ins 2015 No 59, Sch 1 [143]. Am 2017 No 56, Sch 1 [10].
Sec 288D	Ins 2015 No 59, Sch 1 [143].
Sec 290	Subst 2004 No 88, Sch 2 [46].
Sec 292	Rep 1999 No 85, Sch 4.
Sch 1	Am GG No 18 of 24.2.1995, p 908; GG No 5 of 19.1.1996, p 165; GG No 150 of 20.12.1996, p 8526; 2000 No 86, Sch 3 [16]–[18]; GG No 14 of 17.1.2003, p 222; GG No 63 of 26.3.2004, pp 1505, 1509; 2004 No 26, Sch 1 [44]; 2006 No 18, Sch 1 [33]; 2006 (496), Sch 1; 2015 No 59, Schs 1 [144] [145], 2 [1] [2]; 2016 No 55, Sch 1.9 [2].
Sch 1A	Ins 2000 No 86, Sch 2 [10]. Am 2006 (443), Sch 1; 2008 No 86, Sch 1 [4].
Sch 1AA	Ins 2017 No 60, Sch 5.2 [4] (provisions transferred and renumbered from the Environmental Planning and Assessment Act 1979, Part 5, Div 5). Am 2020 No 30, Sch 2.16[2].
Sch 1B	Ins 2009 No 114, Sch 1 [139]. Am 2015 (44), Sch 1 [1] [2].
Sch 1C	Ins 2009 No 114, Sch 1 [139]. Am 2013 (720), cl 3; 2015 (44), Sch 1 [3].
Sch 2, heading	Am 2015 No 59, Sch 1 [146].
Sch 2	Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 104, Sch 1 [40]; 2015 No 59, Sch 1 [146]–[151].

Sch 3	Am 1999 No 94, sec 7 (2) and Sch 5, Part 2.
Sch 4	Rep 1996 No 141, Sch 1 [13]. Ins 1997 No 153, Sch 1 [16]. Subst GG No 59 of 14.5.1999, p 3263. Am GG No 144 of 24.12.1999, p 12372; GG No 107 of 18.8.2000, p 7888; GG No 137 of 13.10.2000, p 11030; GG No 5 of 5.1.2001, p 17; GG No 78 of 4.5.2001, p 2224; GG No 134 of 31.8.2001, p 7530; GG No 196 of 21.12.2001, p 10643; GG No 109 of 4.7.2003, p 6906; GG No 198 of 10.12.2004, p 8989; 2005 (347), cl 3; 2005 (802), cl 3; 2008 (433), Sch 1 [1]–[4]; 2009 (24), Sch 1 [1]; 2009 (328), cl 3 (1) (2); 2010 (508), cl 3 (1); 2011 (392), cl 3 (1); 2012 (79), cl 3; 2012 (196), cl 3 (1); 2014 (326), cl 3; 2015 (553), cl 3; 2015 No 58, Sch 1.6 [1] [2]; 2015 No 59, Sch 2 [3]–[6]; 2016 (245), cl 3 (1); 2019 (525), cl 3; 2021 (24), cl 3.
Sch 4A	Ins 2004 No 88, Sch 2 [47]. Am 2008 (433), Sch 1 [5]; 2009 (24), Sch 1 [2]; 2009 (487), cl 3; 2012 (86), cl 3; 2015 No 59, Sch 2 [7] [8]; 2016 (245), cl 3 (2); 2016 (711), cl 3; 2023 (398), sec 3; 2024 (362), Sch 1.
Sch 5, heading	Rep 1996 No 141, Sch 1 [13]. Ins 1997 No 153, Sch 1 [16]. Subst GG No 59 of 14.5.1999, p 3263; 2001 No 56, Sch 1.5 [6]; 2004 No 88, Sch 2 [48].
Sch 5	Rep 1996 No 141, Sch 1 [13]. Ins 1997 No 153, Sch 1 [16]. Subst GG No 59 of 14.5.1999, p 3263. Am GG No 86 of 30.7.1999, p 5283; GG No 122 of 22.10.1999, p 10068; GG No 128 of 12.11.1999, p 10627; GG No 107 of 18.8.2000, pp 7885, 7888; GG No 5 of 5.1.2001, p 17; 2004 No 88, Sch 2 [49]; 2005 (348), cl 3; 2008 (433), Sch 1 [6]; 2011 (392), cl 3 (2); 2012 (196), cl 3 (2); 2013 (432), cl 3; 2014 (715), cl 3; 2015 No 58, Sch 1.6 [3].
Sch 6, heading	Rep 1996 No 141, Sch 1 [13]. Ins 1997 No 153, Sch 1 [16]. Subst 2001 No 56, Sch 1.5 [7].
Sch 6	Rep 1996 No 141, Sch 1 [13]. Ins 1997 No 153, Sch 1 [16]. Am GG No 171 of 2.11.2001, p 8975 (see also GG No 173 of 9.11.2001, p 9119); GG No 175 of 16.11.2001, p 9229; GG No 89 of 24.5.2002, p 3229; GG No 19 of 30.1.2004, pp 323, 326; 2005 (715), cl 3; 2010 (508), cl 3 (2).
Sch 6A	Ins 1997 No 153, Sch 1 [16].
Sch 6B	Ins 2009 No 114, Sch 1 [140]. Am 2010 (750), Sch 1 [1]–[4]; 2012 (85), Sch 1 [1]–[3]; 2015 (44), Sch 1 [4]–[12]. Rep 2015 No 24, Sch 8.17 [5].
Sch 6C	Ins 2009 No 114, Sch 1 [140]. Am 2010 (113), Sch 1 [1]–[14]; 2010 (750), Sch 1 [5]–[14]; 2011 (290), cl 3 (1) (2); 2015 (44), Sch 1 [13]; 2016 (771), Sch 1 [1]–[15]. Rep 2015 No 24, Sch 8.17 [6].
Sch 6D	Ins 2016 No 62, Sch 1 [1]. Am 2019 No 14, Sch 2.8[10] [11]. Rep 1994 No 38, Sch 6D.
Sch 7	Am 1994 No 95, Sch 2; 1996 No 141, Sch 1 [14]–[16]; 1997 No 153, Schs 1 [17] [18] (am 1998 No 54, Sch 2.18 [1]), 5 [43] (am 1998 No 54, Sch 2.18 [4]); 1999 No 85, Sch 1.14 [2]; 2000 No 86, Schs 3 [19] [20], 4 [12] [13], 6.2 [22], 7 [17]; 2001 No 104, Sch 1 [41]; 2002 No 78, Sch 2.2 [7]; 2003 No 82, Sch 1.14; 2004 No 26, Sch 1 [45]–[49]; 2004 No 88, Sch 2 [50] [51]; 2006 No 18, Sch 1 [34]–[38]; 2006 No 120, Sch 1.11 [1] [2]; 2008 No 86, Sch 1 [5]; 2009 No 114, Sch 1 [141]–[147]; 2010 No 59, Sch 2.33 [8]; 2012 No 31, Sch 2 [12]; 2012 No 89, Sch 2 [8]; 2015 No 24, Sch 8.17 [7]; 2015 No 59, Sch 1 [152]–[156]; 2016 No 62, Sch 1 [2].
Sch 8	Rep 1999 No 85, Sch 4.
The whole Act (except Sch 7)	Am 2004 No 26, Sch 1 [1] (“Director” and “Director’s” omitted wherever occurring, “Director-General” and “Director-General’s” inserted instead, respectively); 2006 No 18, Sch 1 [1] (“NSW Fisheries” omitted wherever occurring, “the Department” inserted instead); 2015 No 59, Sch 1 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).