Fisheries Management (Aquatic Reserves) Regulation 1995 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation may be cited as the Fisheries Management (Aquatic Reserves) Regulation 1995.

2Commencement

This Regulation commences on the commencement of the Fisheries Management Act 1994.

3Definitions

In this Regulation:

marine vegetation includes mangroves, seagrasses, algae and saltmarsh plants.

the Act means theFisheries Management Act 1994.

4Director’s consent

The Director may grant a consent to a person under this Regulation by means of a written notice given to the person and may, in the same manner, vary or revoke a consent so granted.

5Relationship of Regulation to other instruments under the Act

Nothing in this Regulation affects any other restriction or prohibition imposed by or under the Act.

6Savings

Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under a regulation relating to an aquatic reserve under the Fisheries and Oyster Farms Act 1935 is taken to have effect under this Regulation.

Part 2Long Reef7The Reserve

In this Part:

Reserve means the Long Reef Aquatic Reserve declared by notification published in Gazette No 80 of 30 May 1980, at page 2787, being the land described in Schedule 1 together with the waters within the Reserve.

8Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

9General exemption

A person:

• (a)

  may, by means of a spear or a hook and line, take, or attempt to take, fish that have fins, and

• (b)

  may, in accordance with the written consent of the Director, do anything else prohibited by clause 8 (1) or (2).

Part 3Shiprock10The Reserve

In this Part:

Reserve means the Shiprock Aquatic Reserve declared by notification published in Gazette No 46 of 26 March 1982, at page 1336, being the land described in Schedule 2 together with the waters within the Reserve.

11Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

12General exemption

A person may, in accordance with the written consent of the Director, do anything prohibited by clause 11 (1) or (2).

Part 4Julian Rocks13The Reserve

In this Part:

Reserve means the Julian Rocks Aquatic Reserve declared by notification published in Gazette No 46 of 26 March 1982, at page 1336, being the land described in Schedule 3 together with the waters within the Reserve.

14Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

15General exemption

A person:

• (a)

  may, by means of a hook and line, take, or attempt to take, fish that have fins, and

• (b)

  may, in accordance with the written consent of the Director, do anything else prohibited by clause 14 (1) or (2).

Part 5North Harbour16The Reserve

In this Part:

Reserve means the North Harbour Aquatic Reserve declared by notification published in Gazette No 46 of 26 March 1982, at page 1336, being the land described in Schedule 4 together with the waters within the Reserve.

17Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

18General exemption

A person:

• (a)

  may, by means of a hook and line, take, or attempt to take, fish that have fins, and

• (b)

  may, in accordance with the written consent of the Director, do anything else prohibited by clause 17 (1) or (2).

19Exemption for commercial fishers

A commercial fisher:

• (a)

  may take, or attempt to take, a rock lobster by means of a pot manufactured or adapted for the purpose of taking rock lobsters, and

• (b)

  may, on a weekday, take, or attempt to take, fish by means of a hauling net, but only from the part of the Reserve north of Cannae Point and east of a line drawn from Cannae Point to Manly Point.

Part 6Bushranger’s Bay20The Reserve

In this Part:

Reserve means the Bushranger’s Bay Aquatic Reserve declared by notification published in Gazette No 65 of 14 May 1982, at page 2104, being the land described in Schedule 5 together with the waters within the Reserve.

21Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

22General exemption

A person may, in accordance with the written consent of the Director, do anything prohibited by clause 21 (1) or (2).

Part 7Fly Point-Halifax Park23The Reserve

In this Part:

Reserve means the Fly Point-Halifax Park Aquatic Reserve declared by notification published in Gazette No 16 of 28 January 1983, at page 446, being the land described in Schedule 6 together with the waters within the Reserve.

24Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

25General exemption

A person:

• (a)

  may, by means of a hook and line, take, or attempt to take, fish that have fins, but only from the jetties in the Reserve or the beach between those jetties, and

• (b)

  may, in accordance with the written consent of the Director, do anything else prohibited by clause 24 (1) or (2).

Part 8Towra Point26The Reserve

In this Part:

refuge zonemeans the area shown lightly dotted in the diagram in Schedule 7.

Reserve means the Towra Point Aquatic Reserve declared by notification published in Gazette No 49 of 12 April 1990, at page 3070, being the land described in Schedule 7 together with the waters within the Reserve.

sanctuary zone means the area (generally referred to as Stinkpot Bay, Quibray Bay and Weeney Bay) shown hatched in the diagram in Schedule 7.

27Taking of fish or marine vegetation prohibited(1)

A person must not:

• (a)

  take, or attempt to take, fish from the Reserve, or

• (b)

  gather, or attempt to gather, marine vegetation from the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the Reserve, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(3)

This clause is subject to the other provisions of this Part.

28General exemption(1)

A person:

• (a)

  may take, or attempt to take, fish from the refuge zone by means of:

  • (i)

    a hook and line, or

  • (ii)

    a net that may lawfully be used otherwise than by a commercial fisher, and

• (b)

  may, in accordance with the written consent of the Director, do anything else prohibited by clause 27 (1) or (2).

(2)

The exemption under subclause (1) (a) does not authorise a person to take, or attempt to take, fish from the sanctuary zone.

29Exemption for commercial fishers(1)

A commercial fisher may take, or attempt to take, fish from the refuge zone by means of:

• (a)

  lawful hauling nets or garfish nets (bullringing), or

• (b)

  lawful meshing nets, but only when used by the method known as splashing (that is, shooting the net, splashing the water in the vicinity and fully retrieving the net from the water without delay), or

• (c)

  lawful fish traps.

(2)

The exemption under subclause (1) does not authorise a person to take, or attempt to take, fish from the sanctuary zone.

Part 9Solitary IslandsNote—

The area of Solitary Islands has been declared as a marine park under the Marine Parks Act 1997 and activities in the marine park are regulated under that Act and the Marine Parks Regulation 1999. However, the provisions of this Regulation continue to have effect in respect of the marine park under clause 2 of Schedule 3 to that Act. This note does not form part of this Regulation.

30Definitions

In this Part:

commercial tourist activity means the undertaking of any activity associated with tourism for commercial gain, including dive charters, diver certification training, snorkelling tours, whale watching tours, fishing charters, boat tours and natural history excursions, but excluding any licensed commercial fishing activity.

general use zone means the areas described in Part 2 of Schedule 8.

recreation zone means the areas described in Part 3 of Schedule 8.

recreational fishing competition means a fishing competition between members of a group of persons engaged in spear or line fishing for the purpose of recreation.

refuge zonemeans the areas described in Part 4 of Schedule 8.

Reserve means the Solitary Islands Aquatic Reserve declared by notification published in Gazette No 62 of 26 April 1991, at page 3193, being the land described in Part 1 of Schedule 8 together with the waters within the Reserve, and includes the general use zone, the recreation zone, the refuge zone and the sanctuary zone.

sanctuary zone means the areas described in Part 5 of Schedule 8.

spearfishingmeans taking or attempting to take fish by means of a spear, speargun or similar device or by means of a bow and arrow.

31

(Repealed)

32Prohibited activity in general use zone(1)

A person must not:

• (a)

  take, or attempt to take, fish, or marine vegetation, for sale from the general use zone, or

• (b)

  gather, or attempt to gather, or wilfully damage, destroy or interfere with, marine vegetation, except green sea lettuce (Ulva lactuca) or blackfish weed (Enteromorpha intestinalis), in the general use zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

This clause is subject to the other provisions of this Part.

33Prohibited activity in recreation zone(1)

A person must not:

• (a)

  take, or attempt to take, fish, or marine vegetation, for sale from the recreation zone, or

• (b)

  take, or attempt to take, fish (except abalone, beach worms, crabs, rock lobsters, cunjevoi, fin fish, oysters, pippies, sea urchins or yabbies) from the recreation zone, or

• (c)

  take, or attempt to take, fish (except rock lobsters and crabs) by means of a trap from the recreation zone, or

• (d)

  take, or attempt to take, fish by a net that may only be lawfully used by a commercial fisher from the recreation zone, or

• (e)

  gather, or attempt to gather, or wilfully damage, destroy or interfere with marine vegetation, except green sea lettuce (Ulva lactuca) or blackfish weed (Enteromorpha intestinalis), in the recreation zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

This clause is subject to the other provisions of this Part.

34Prohibited activity in refuge zone(1)

A person must not:

• (a)

  take, or attempt to take, fish from the refuge zone, except:

  • (i)

    fin fish by means of a hook and line, or

  • (ii)

    rock lobsters by means of a lawful trap in those parts of the refuge zone which are situated beneath or adjacent to headlands on the mainland, or

  • (iii)

    fish specified in the Table to this clause by means of spearfishing, or

• (b)

  take, or attempt to take, fish for a private aquarium from the refuge zone, or

• (c)

  gather, or attempt to gather, marine vegetation from the refuge zone, or

• (d)

  wilfully damage, destroy or interfere with marine vegetation in the refuge zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

This clause is subject to the other provisions of this Part.

TableAllowed species for spearfishing in refuge zone

Amberjack (Seriola dumerilii)

Bream, yellowfin (Acanthopagrus australis)

Cobia (Rachycentron canadus)

Flathead, dusky (Platycephalus fuscus)

Kingfish, yellowtail (Seriola lalandi)

Leatherjacket, chinaman (Nelusetta ayraudi)

Luderick, blackfish (Girella tricuspidata)

Mackerel, spanish (Scomberomorus commersoni)

Morwong, red (Cheilodactycus fuscus)

Mulloway, jewfish (Argyrosomus hololepidotus)

Rainbow runner (Elagatis bipinnulatus)

Samson fish (Seriola hippos)

Surgeon sawtail (Prionurus microlepidotus)

Sweetlip (Plectorhinchus flavomaculatus)

Tailor (Pomatomus saltatrix)

Tarwhine (Rhabdosargus sarba)

Trevally, diamond (Alectis indica)

Trevally, golden (Gnathandodon speciosus)

Wahoo (Acanthocybium solandri)

35Prohibited activity in sanctuary zone(1)

A person must not:

• (a)

  take, or attempt to take, fish from the sanctuary zone, or

• (b)

  gather, or attempt to gather, marine vegetation from the sanctuary zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the sanctuary zone, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the sanctuary zone.

(3)

A person must not use an anchor in the sanctuary zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(4)

In this clause, anchor means any device attached to a boat by a cable, chain or rope dropped overboard so as to grip the seabed for the purpose of restricting the movement of the boat.

(5)

This clause is subject to the other provisions of this Part.

36

(Repealed)

Schedule 1Long Reef Aquatic Reserve

(Clause 7)

The Long Reef Aquatic Reserve comprises the area in the general vicinity of Dee Why shown hatched on the following diagram:

DiagramSchedule 2Shiprock Aquatic Reserve

(Clause 10)

The Shiprock Aquatic Reserve comprises the area in the general vicinity of Port Hacking shown hatched on the following diagram:

DiagramSchedule 3Julian Rocks Aquatic Reserve

(Clause 13)

The Julian Rocks Aquatic Reserve comprises the area in the general vicinity of Byron Bay shown hatched on the following diagram:

DiagramSchedule 4North Harbour Aquatic Reserve

(Clause 16)

The North Harbour Aquatic Reserve comprises the area in the general vicinity of Manly shown hatched on the following diagram:

DiagramSchedule 5Bushranger’s Bay Aquatic Reserve

(Clause 20)

The Bushranger’s Bay Aquatic Reserve comprises the area in the general vicinity of Shellharbour shown hatched on the following diagram:

DiagramSchedule 6Fly Point-Halifax Park Aquatic Reserve

(Clause 23)

The Fly Point-Halifax Park Aquatic Reserve comprises the area in the general vicinity of Port Stephens shown hatched on the following diagram:

DiagramSchedule 7Towra Point Aquatic Reserve

(Clause 26)

The Towra Point Aquatic Reserve comprises the area in the general vicinity of Botany Bay described by the following metes and bounds description and indicated by the hatching and dots on the following diagram:

Metes and bounds description

Commencing at the northeastern extremity of Shell Point; then generally easterly along the mean high-water line around Woolooware, Stinkpot, Weeney and Quibray Bays to the point of intersection with a line drawn from the survey obelisk situated at Bonna Point to the port-hand channel marker situated approximately 1130 metres north of Towra Point; then by that line to the said port-hand channel marker; then generally southwesterly to the port-hand channel marker situated approximately 750 metres north of Pelican Point; then by a line generally southwesterly to the point of commencement.

Commencing at a post marked “FD” over broad-arrow situated on the northwestern extremity of Pelican Point; then by a line generally easterly following the mean high-water line and across any breached entrances of Stinkpot Bay to a post marked “FD” over broad-arrow situated on the Elephant’s Trunk; then by a line generally southwesterly to the northern corner of Oyster Farm Lease 84.40; then to the point of commencement.

Commencing at the point of intersection of the mean high-water mark with a line drawn from the survey obelisk at Bonna Point to the northeastern corner of Oyster Farm Lease 85.195; then generally southwesterly by that line; then continuing to the mean high-water mark; then along the mean high-water line around Weeney and Quibray Bays to the point of commencement.

DiagramSchedule 8Solitary Islands Aquatic Reserve

(Clause 30)

Part 1Reserve

The Solitary Islands Aquatic Reserve comprises the area in the general vicinity of Coffs Harbour indicated on the accompanying map of Solitary Islands Aquatic Reserve.

Part 2General use zone

See accompanying map of Solitary Islands Aquatic Reserve.

All that area within a 3 nautical mile limit from the High Water Mark of North Solitary Island, North West Solitary Island and South Solitary Island and all coastal waters from High Water Mark due easterly to a line 3 nautical miles from the territorial sea baselines (as described in the Commonwealth of Australia Gazette No S29, 9 February 1983) including all rivers, estuaries, lagoons, bays and inlets upstream to the tidal limit and extending from the easternmost point (High Water Mark) of Plover Island in the north southerly to the easternmost point (High Water Mark) of Muttonbird Island in the south as shown on the map entitled “Solitary Islands Aquatic Reserve” accompanying Part 1 of this Schedule, but excluding the waters described as “recreation zone”, “refuge zone” and “sanctuary zone” in Parts 3, 4 and 5 of this Schedule and any lands or islands within the Reserve above Mean High Water Mark.

Part 3Recreation zone

Sandon River, Sandon Headland and Plover Island

See diagram 1 accompanying this Schedule.

Wooli Wooli River

See diagram 5 accompanying this Schedule.

North Rock

See diagram 9 accompanying this Schedule.

Red Rock Headland and Corindi River

See diagram 10 accompanying this Schedule.

Arrawarra Creek

See diagram 12 accompanying this Schedule.

Woolgoolga Headland

See diagram 13 accompanying this Schedule.

Bare Bluff

See diagram 14 accompanying this Schedule.

Moonee Creek

See diagram 16 accompanying this Schedule.

Part 4Refuge zone

Sandon River

See diagram 1 accompanying this Schedule.

Pimpernel Rock

See diagram 2 accompanying this Schedule.

Minnie Water

See diagram 3 accompanying this Schedule.

Diggers Camp

See diagram 4 accompanying this Schedule.

North Solitary Island and North West Rock

See diagram 7 accompanying this Schedule.

Station Creek Headland

See diagram 8 accompanying this Schedule.

Corindi River

See diagram 10 accompanying this Schedule.

North West Solitary Island

See diagram 11 accompanying this Schedule.

Part 5Sanctuary zone

Wooli Wooli River

See diagram 5 accompanying this Schedule.

Jones Point

See diagram 6 accompanying this Schedule.

North Solitary Island and North West Rock

See diagram 7 accompanying this Schedule.

North West Solitary Island

See diagram 11 accompanying this Schedule.

Arrawarra Headland

See diagram 12 accompanying this Schedule.

South West Solitary Island

See diagram 15 accompanying this Schedule.

South Solitary Island

See diagram 17 accompanying this Schedule.

Spit Solitary Island

See diagram 18 accompanying this Schedule.

Solitary Islands Aquatic Reserve