Fisheries Management (General) Amendment (Commercial Fishing in Inland Restricted Fishery) Regulation 2016 (NSW)

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New South Wales

Fisheries Management (General)

Amendment (Commercial Fishing in Inland

Restricted Fishery) Regulation 2016

under the

Fisheries Management Act 1994

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Fisheries Management Act 1994.

NIALL BLAIR, MLC

Minister for Primary Industries

Explanatory note
The object of this Regulation is to prohibit classes of commercial fishing in certain waters of the inland restricted fishery. The prohibitions are to commence on the expiry of the fishing closures applying to those waters.

This Regulation also effects minor law revision. general regulation-making power).
Fisheries Management (General) Amendment (Commercial

Fishing in Inland Restricted Fishery) Regulation 2016

under the

Fisheries Management Act 1994

1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment (Commercial
Fishing in Inland Restricted Fishery) Regulation 2016.

2 Commencement
This Regulation commences on 1 July 2016 and is required to be published on the
NSW legislation website.

Schedule 1

Amendment of Fisheries Management (General)
Regulation 2010

[1] Clause 178 Inland fishery is a restricted fishery
Insert at the end of the clause:
Note. Inland restricted fishery waters are subject to prohibitions on commercial fishing under clause 9.

[2] Schedule 3 Fish and waters protected from commercial fishing
Omit the existing item numbering. Insert the following in alphabetical order:
Barwon River

(1)

Waters: Those parts of the Barwon River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 29°32.628S, 148°34.551E (Collarenebri),
(b) 28°58.637S, 148°59.547E (Mungindi).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Bogan River

(1)

Waters: That part of the Bogan River, including its tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 31°33.752S, 147°11.711E (Nyngan).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Castlereagh River

(1)

Waters: Those parts of the Castlereagh River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 31°16.466S, 149°16.661E (Coonabarabran),
(b) 30°57.259S, 148°23.070E (Coonamble),
(c) 31°42.684S, 148°39.624E (Gilgandra).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Darling River

(1)

Waters: Those parts of the Darling River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 30°05.404S, 145°56.253E (Bourke),
(b) 29°57.746S, 146°51.667E (Brewarrina),
(c) 32°23.999S, 142°24.858E (Menindee),
(d) 31°33.487S, 143°22.647E (Wilcannia).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Edward River (Stevens Weir)

(1) Waters: That part of Edward River from within 80 metres upstream and
70 metres downstream from the weir face at Stevens Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Frenchmans Creek (Lake Victoria)

(1)

Waters: That part of Frenchmans Creek at Lake Victoria inlet regulator within 100 metres upstream from the centre of the regulator wall and from a point on the northern bank 120 metres downstream from where the centre of the regulator wall adjoins the northern bank of Frenchmans Creek to a point on the southern bank, 100 metres downstream from where the centre of the regulator wall adjoins the southern bank of Frenchmans Creek.
(2) Prohibited class of commercial fishing: All commercial fishing.
Gwydir River

(1)

Waters: That part of Gwydir River, including its tributaries and other waters, 149°50.495E (Moree).within a radius of 5 kilometres of the following co-ordinates: 29°27.779S,
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Lachlan River

(1)

Waters: Those parts of Lachlan River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 33°05.327S, 147°08.984E (Condobolin),
(b) 33°23.042S, 148°00.100E (Forbes),
(c) 33°29.131S, 145°31.888E (Hillston).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Lachlan River (Brewster Weir)

(1) Waters: That part of Lachlan River within 100 metres downstream from the
weir face at Brewster Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Lachlan River (Brewster Weir Outlet Regulator)

(1) Waters: That part of Lachlan River within 100 metres downstream from the
outer wall of Brewster Weir outlet regulator.
(2) Prohibited class of commercial fishing: All commercial fishing.
Lachlan River (Lake Brewster—Ballyrogan Channel)

(1) Waters: That part of Ballyrogan Channel within 100 metres downstream from
the outer wall of Lake Brewster outlet regulator.
(2) Prohibited class of commercial fishing: All commercial fishing.
Lachlan River (Lake Cargelligo)

(1) Waters: That part of Lachlan River within 50 metres upstream and 50 metres
downstream from the weir face at Lake Cargelligo.
(2) Prohibited class of commercial fishing: All commercial fishing.
Lachlan River (Willandra Weir)

(1) Waters: That part of Lachlan River within 100 metres downstream from the
weir face at Willandra Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
MacIntyre River (Goondiwindi Weir)

(1)

Waters: That part of MacIntyre River and its tributaries, from within 150 metres upstream and 150 metres downstream from the weir face at Goondiwindi Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Macquarie River

(1)

Waters: Those parts of Macquarie River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 32°14.835S, 148°36.229E (Dubbo),
(b) 32°13.943S, 148°14.371E (Narromine),
(c) 31°42.041S, 147°50.119E (Warren).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Mehi River (Moree Weir)

(1) Waters: That part of Mehi River and its tributaries, from within 15 metres
upstream and 85 metres downstream from the weir face at Moree Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Kulnine—Weir and Lock 9)

(1)

Waters: That part of Murray River at Weir 9 at Kulnine within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 150 metres downstream from where the weir wall adjoins the NSW bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Mildura—Weir and Lock 11)

(1)

Waters: That part of Murray River at Weir 11 at Mildura within 50 metres upstream from the centre of the weir wall and from a point on the NSW bank 142 metres downstream from where the weir wall adjoins the NSW bank in a straight line across the river to a point on the Victorian bank, 120 metres downstream from where the weir wall adjoins the Victorian bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Robinvale—Weir and Lock 15)

(1)

Waters: That part of Murray River at Weir 15 at Robinvale within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 65 metres downstream from where the weir wall adjoins the NSW bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Rufus River—Weir and Lock 7)

(1)

Waters: That part of Murray River at Weir 7 at Rufus River within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 125 metres downstream from where the weir wall adjoins the NSW bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Torrumbarry Weir)

(1) Waters: That part of Murray River within 100 metres upstream and
100 metres downstream from the weir face at Torrumbarry Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Wangumma—Weir and Lock 8)

(1)

Waters: That part of Murray River at Weir 8 at Wangumma within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the Victorian bank, 150 metres downstream from where the weir wall adjoins the Victorian bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray River (Wentworth—Weir and Lock 10)

(1)

Waters: That part of Murray River at Weir 10 at Wentworth within 50 metres upstream from the centre of the weir wall and from the downstream end of the lock training wall in a straight line across the river to a point on the Victorian bank, 65 metres downstream from where the weir wall adjoins the Victorian bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murray and Darling Rivers

(1)

Waters: Those parts of Murray River and Darling River, including their tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 34°06.421S, 141°55.111E (Wentworth).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Murrumbidgee River

(1)

Waters: Those parts of Murrumbidgee River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 34°38.367S, 143°33.779E (Balranald),
(b) 34°34.092S, 145°59.978E (Darlington Point),
(c) 34°30.250S, 144°50.667E (Hay).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Murrumbidgee River (Balranald Weir)

(1) Waters: That part of Murrumbidgee River within 94 metres upstream and
63 metres downstream from the weir face at Balranald Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murrumbidgee River (Gogeldrie Weir)

(1) Waters: That part of Murrumbidgee River within 125 metres upstream and
65 metres downstream from the weir face at Gogeldrie Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murrumbidgee River (Hay Weir)

(1)

Waters: That part of Murrumbidgee River from within 74 metres upstream from where the weir wall adjoins the northern bank and 140 metres upstream from where the weir wall adjoins the southern bank and from within 154 metres downstream from the weir face at Hay Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murrumbidgee River (Maude Weir)

(1) Waters: That part of Murrumbidgee River within 70 metres upstream and
50 metres downstream from the weir face at Maude Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murrumbidgee River (Redbank Weir)

(1) Waters: That part of Murrumbidgee River within 93 metres upstream and
92 metres downstream from the weir face at Redbank Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murrumbidgee River (Yanco Creek Weir)

(1)

Waters: That part of Murrumbidgee River within 73 metres upstream from the weir face at Yanco Creek Weir to the low level crossing located 53 metres downstream from where the weir wall adjoins the northern bank and 93 metres downstream from where the weir face adjoins the southern bank.
(2) Prohibited class of commercial fishing: All commercial fishing.
Murrumbidgee River (Yanco Weir)

(1) Waters: That part of Murrumbidgee River within 63 metres upstream and
80 metres downstream from the weir face at Yanco Weir.
(2) Prohibited class of commercial fishing: All commercial fishing.
Namoi River

(1)

Waters: Those parts of Namoi River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates:

(a) 30°19.574S, 149°46.961E (Narrabri),
(b) 30°01.294S, 148°07.001E (Walgett),
(c) 30°13.492S, 149°26.665E (Wee Waa).
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Newell Highway (east of)

(1) Waters: All waters east of the Newell Highway, from the Queensland border
at Goondiwindi to the Victorian border at Tocumwal.
(2) Prohibited class of commercial fishing: All commercial fishing, other than
the taking of carp.
Rufus River (Lake Victoria)

(1) Waters: That part of Rufus River at Lake Victoria outlet regulator within 100 metres upstream and 100 metres downstream from the centre of the regulator wall.
(2) Prohibited class of commercial fishing: All commercial fishing.

[3] Schedule 4 Fish and waters protected from recreational fishing
Omit “Lock No” wherever occurring in items 212–216 and 219. Insert instead “Lock”.
[4] Schedule 4, item 217
Omit “Frenchman’s” wherever occurring. Insert instead “Frenchmans”.

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Fisheries Management (General) Amendment (Commercial Fishing in Inland Restricted Fishery) Regulation 2016 (NSW)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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(1)	Waters: That part of the Bogan River, including its tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 31°33.752S, 147°11.711E (Nyngan).
(2)	Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.

(1)	Waters: That part of Edward River from within 80 metres upstream and 70 metres downstream from the weir face at Stevens Weir.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: That part of Gwydir River, including its tributaries and other waters, 149°50.495E (Moree).within a radius of 5 kilometres of the following co-ordinates: 29°27.779S,
(2)	Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.

(1)	Waters: That part of Lachlan River within 100 metres downstream from the weir face at Brewster Weir.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: That part of Ballyrogan Channel within 100 metres downstream from the outer wall of Lake Brewster outlet regulator.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: That part of MacIntyre River and its tributaries, from within 150 metres upstream and 150 metres downstream from the weir face at Goondiwindi Weir.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: That part of Mehi River and its tributaries, from within 15 metres upstream and 85 metres downstream from the weir face at Moree Weir.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: That part of Murray River at Weir 9 at Kulnine within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 150 metres downstream from where the weir wall adjoins the NSW bank.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: That part of Murray River within 100 metres upstream and 100 metres downstream from the weir face at Torrumbarry Weir.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: Those parts of Murray River and Darling River, including their tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 34°06.421S, 141°55.111E (Wentworth).
(2)	Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.

(1)	Waters: That part of Murrumbidgee River within 94 metres upstream and 63 metres downstream from the weir face at Balranald Weir.
(2)	Prohibited class of commercial fishing: All commercial fishing.

(1)	Waters: All waters east of the Newell Highway, from the Queensland border at Goondiwindi to the Victorian border at Tocumwal.
(2)	Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.

(1)	Waters: That part of Rufus River at Lake Victoria outlet regulator within 100 metres upstream and 100 metres downstream from the centre of the regulator wall.
(2)	Prohibited class of commercial fishing: All commercial fishing.