Fisheries Management (Aquatic Reserves) Amendment (Shiprock Aquatic Reserve) Regulation 2005 (NSW)

2005 No 647

New South Wales

Fisheries Management (Aquatic

Reserves) Amendment (Shiprock

Aquatic Reserve) 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 MACDONALD, M.L.C., Minister for Primary Industries

Explanatory note
The objects of this Regulation are as follows:

(a)	to prohibit the construction, use or operation of jetties or slipways in the Shiprock Aquatic Reserve,
(b)	to enable the Director-General to order the removal of jetties or slipways constructed in contravention of that prohibition.

This Regulation is made under the Fisheries Management Act 1994, including sections 197 and 289 (the general regulation-making power).

Published in Gazette No 129 of 21 October 2005, page 8843	Page 1
2005 No 647	Fisheries Management (Aquatic Reserves) Amendment (Shiprock Aquatic
Clause 1	Reserve) Regulation 2005

Fisheries Management (Aquatic Reserves) Amendment

(Shiprock Aquatic Reserve) Regulation 2005

under the

Fisheries Management Act 1994

1      Name of Regulation

This Regulation is the Fisheries Management (Aquatic Reserves)
Amendment (Shiprock Aquatic Reserve) Regulation 2005.

2 Amendment of Fisheries Management (Aquatic Reserves) Regulation 2002

The Fisheries Management (Aquatic Reserves) Regulation 2002 is amended as set out in Schedule 1.

Fisheries Management (Aquatic Reserves) Amendment (Shiprock Aquatic	2005 No 647
Reserve) Regulation 2005
Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Clause 12A

Insert after clause 12:

12A

Construction, operation or use of slipway prohibited

(1)	A person must not construct, use or operate a jetty or slipway in the Reserve. Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.
(2)	Subclause (1) does not apply in relation to a jetty or slipway:

(a)	lawfully constructed before, and in existence immediately before, the commencement of this clause, or
(b)	the subject of a development consent that was granted under the Environmental Planning and Assessment Act 1979 before the commencement of this clause and remains in force.
(3)	If a jetty or slipway is constructed by a person in contravention of this clause, the Director-General may, by order in writing given to the person, require that person to remove or dismantle the jetty or slipway within a period specified in the order.
(4)	The method by which the jetty or slipway is to be removed or dismantled may be specified in the order.
(5)	A person who fails to comply with an order given under subclause (3) is guilty of an offence. Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.
(6)	If an order given under subclause (3) is not complied with within the period specified in it, the Director-General may cause the work specified in the order to be carried out.
(7)	Action may be taken against a person under subclause (3) or (5) regardless of whether the person has been charged with having committed an offence under subclause (1).

BY AUTHORITY