Fisheries Management Amendment Regulation 2005 (NSW)
2005 No 59
New South Wales
Fisheries Management Amendment
Regulation 2005
under the
Fisheries Management Act 1994
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.
IAN MICHAEL MACDONALD, M.L.C.,
Minister for Primary Industries
Explanatory note
The objects of this Regulation are as follows:
| (a) | to require an additional annual contribution to be paid by commercial fishing licence holders who are authorised to fish in the sea urchin and turban shell restricted fishery, |
| (b) | to permit transfers of shares in a share management fishery before the commencement of the management plan for the fishery only if the entire fishing business (including any shares that are a component of the fishing business) is transferred to the new shareholder, |
| (c) | to make it clear that assignments of shares are subject to the same rules as transfers of shares in the abalone and lobster share management fisheries and that temporary transfers or assignments of shares are not permitted, |
| (d) | to make further provision with respect to fishing in Lord Howe Island waters, |
| (e) | to require further information to be included in records of receipt, sale and possession of fish, |
| (f) | to make minor changes relating to the details to be displayed on fish traps, |
| (g) | to make other minor changes by way of law revision. |
This Regulation is made under the Fisheries Management Act 1994, including sections 23, 34T, 106, 116 and 289 (the general regulation-making power) and the sections referred to in the Regulation.
| Published in Gazette No 28 of 25 February 2005, page 487 | Page 1 |
| 2005 No 59 | |
| Clause 1 | Fisheries Management Amendment Regulation 2005 |
Fisheries Management Amendment Regulation 2005
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management Amendment Regulation
2005.
2 Amendment of Fisheries Management (General) Regulation 2002
The Fisheries Management (General) Regulation 2002 is amended as set out in Schedule 1.
3 Amendment of Fisheries Management (Abalone Share Management Plan) Regulation 2000
The Fisheries Management (Abalone Share Management Plan)
Regulation 2000 is amended as set out in Schedule 2.
4 Amendment of Fisheries Management (Lobster Share Management Plan) Regulation 2000
The Fisheries Management (Lobster Share Management Plan)
Regulation 2000 is amended as set out in Schedule 3.
2005 No 59
Fisheries Management Amendment Regulation 2005
| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
(Clause 2)
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3:
fishing authority has the same meaning as in Division 4C of Part
2 of the Act.
[2] Clause 3, definition of “fishing business”
Omit the definition.
[3] Clause 8A Prohibition on certain classes of commercial fishing
Omit “and” at the end of clause 8A (a) (iv). Insert after that paragraph:
(v) the use of an otter trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east from Barrenjoey Headland,
(vi) the taking of fish from Lord Howe Island waters by the holder of a Class 4 commercial fishing licence.
[4] Clause 59 Fish trap
Omit clause 59 (1) (a) (iv). Insert instead:
(iv) displays “FL” followed by the commercial fishing licence number of the commercial fisher who set the trap and “F” at the end of that number, in clearly visible letters and figures which are not less than 50 mm in height and are of a colour which contrasts with that of the buoy,
[5] Clause 138 Transfers and other dealings in shares—general
Omit clause 138 (1) and (2). Insert instead:
(1)
For the purposes of section 71 (5) of the Act, before the commencement of the management plan for a fishery, section 71 of the Act applies to allow the transfer, assignment or transmission of the shares of a person (the shareholder) in the fishery only if:
(a)
all of the shares of the shareholder that are a component of the same fishing business (whether or not those shares are
2005 No 59
Fisheries Management Amendment Regulation 2005
| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
shares in the same fishery) are transferred, assigned or
transmitted to one person (the transferee), and
(b)
the transferee becomes the owner of that fishing business (and all its components).
(2) For the purposes of section 54 (3) of the Act, an acquisition of shares by a dealing that is allowed under subclause (1) is declared to be an authorised acquisition.
[6] Clause 138 (3), note
Insert “, unless the acquisition is declared by the regulations to be an authorised acquisition” after “shares in the fishery”.
[7] Clause 150B
Insert after clause 150A:
| 150B | Additional contribution for fishers in sea urchin and turban shell restricted fishery | |||||||||||
|
2005 No 59
Fisheries Management Amendment Regulation 2005
| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
[8] Clause 173 Nominated fishers
Insert “or contribution” after “fee” in clause 173 (5) (e).
[9] Clause 173 (5) (g)
Insert at the end of clause 173 (5) (f):
, or
(g) the entitlement holder has not made arrangements to the satisfaction of the Director-General to reimburse the nominated fisher for any liability for a contribution referred to in clause 150B (Additional contribution for fishers in sea urchin and turban shell restricted fishery).
[10] Clause 174 Endorsement of commercial fishing licences
Insert “or contribution” after “fee” in clause 174 (2) (e).
[11] Clause 176 Application for endorsement for further period
Insert “or contribution” after “fee” in clause 176 (4) (g).
[12] Clause 178 Suspension and cancellation of endorsements
Insert “or contribution” after “fee” in clause 178 (e).
[13] Clause 199 Definitions
Insert “, but does not include Lord Howe Island waters” after “March 2004)” in the definition of ocean trap and line fishery.
[14] Clause 199 (2)
Insert at the end of the clause:
(2) In this Division, ocean waters does not include Lord Howe Island
waters.
[15] Clause 292 Information to be included in records of sale and possession of fish
Insert after clause 292 (1) (h):
(i) if the fish were taken by a commercial fisher under a fishing authority that is a component of a fishing business, the number allocated to the fishing business by the Director-General under the Act,
(j)
if the fish were taken by a commercial fisher using a licensed commercial fishing boat, the licence number of the boat.
2005 No 59
Fisheries Management Amendment Regulation 2005
| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
[16] Clause 292 (2) (i) and (j)
Insert after clause 292 (2) (h):
(i) if the fish were taken by a commercial fisher under a fishing authority that is a component of a fishing business, the number allocated to the fishing business by the Director-General under the Act,
(j) if the fish were taken by a commercial fisher using a licensed commercial fishing boat, the licence number of the boat.
[17] Clause 293 Records and reports by registered fish receivers
Insert after clause 293 (1) (c):
(ca) if the fish were received from a commercial fisher who took the fish under a fishing authority that is a component of a fishing business, the number allocated to the fishing business by the Director-General under the Act, (cb) if the fish were received from a commercial fisher who took the fish using a licensed commercial fishing boat, the licence number of the boat,
[18] Clause 293 (2) (ca) and (cb)
Insert after clause 293 (2) (c):
(ca)
if the fish were received from a commercial fisher who took the fish under a fishing authority that is a component of a fishing business, the number allocated to the fishing business by the Director-General under the Act,
(cb)
if the fish were received from a commercial fisher who took the fish using a licensed commercial fishing boat, the licence number of the boat,
2005 No 59
Fisheries Management Amendment Regulation 2005
| Amendment of Fisheries Management (Abalone Share Management Plan) | Schedule 2 |
| Regulation 2000 | |
| Schedule 2 | Amendment of Fisheries Management (Abalone Share Management Plan) Regulation 2000 |
(Clause 3)
[1] Appendix, Clause 2 Definitions
Insert at the end of the clause:
(2) In this Plan, a reference to a transfer of a share includes a
reference to an assignment of a share.
[2] Appendix, Clause 7 Dealings in shares—general
Omit clause 7 (1). Insert instead:
(1) Shares in the fishery may be transferred, transmitted or mortgaged only as provided by the following:
(a)
a shareholder may transfer, transmit or mortgage a package of shares or any number of packages of shares, or such other number of shares as may be approved by the Minister, to one person,
(b)
a shareholder may transfer, transmit or mortgage all shares held by the shareholder to one person.
(1A) A transfer of a share is not permitted unless the transfer is
permanent.[3] Appendix, Clause 7, note
Omit “assigning,”.
[4] Appendix, Clause 8 Special provisions relating to transfers
Omit “or assigned”, “or assignment”, “assignment or” and “or assign” wherever occurring.
[5] Appendix, Clause 9 Registration of share transactions
Omit “, assigning” from clause 9 (2) (a).
| 2005 No 59 | Fisheries Management Amendment Regulation 2005 |
| Schedule 3 | Amendment of Fisheries Management (Lobster Share Management Plan) Regulation 2000 |
| Schedule 3 | Amendment of Fisheries Management (Lobster Share Management Plan) Regulation 2000 |
(Clause 4)
[1] Appendix, Clause 2 Definitions
Insert at the end of the clause:
(2) In this Plan, a reference to a transfer of a share includes a
reference to an assignment of a share.
[2] Appendix, Clause 5 Minimum shareholding
Omit “or assigns” wherever occurring in clause 5 (3) and the note to the clause.
[3] Appendix, Clause 7 Dealings in shares—general
Omit clause 7 (1)–(3). Insert instead:
(1) Shares in the fishery may be transferred, transmitted or mortgaged only as provided by the following:
(a)
a shareholder may transfer, transmit or mortgage a package of shares or any number of packages of shares, or such other number of shares as may be approved by the Minister, to one person,
(b)
a shareholder may transfer, transmit or mortgage all shares held by the shareholder to one person.
(2) A transfer of a share is not permitted unless the transfer is
permanent.
[4] Appendix, Clause 7, note
Omit “assigning,”.
[5] Appendix, Clause 8 Special provisions relating to transfers
Omit “or assigned”, “or assignment”, “assignment or” and “or assign” wherever occurring.
[6] Appendix, Clause 9 Fee for registration of share transactions
Omit “, assigning” from clause 9 (2) (a).
BY AUTHORITY
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