Fisheries Management (General) Amendment (Eligible Fishers and Fishing Business Cards) Regulation 2006 (NSW)
2006 No 739
New South Wales
Fisheries Management (General)
Amendment (Eligible Fishers and
Fishing Business Cards)
Regulation 2006
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 object of this Regulation is to amend the Fisheries Management (General) Regulation
2002 to make provision for:
| (a) | the registration of persons eligible to be nominated fishers in respect of a fishing business (“eligible fishers”), and the cancellation of registration of those persons, and |
| (b) | the issuing of fishing business cards to fishing business owners, and the possession and return of those cards. |
This Regulation is made under the Fisheries Management Act 1994, including section 289
(the general regulation-making power).
| Published in Gazette No 183 of 15 December 2006, page 10888 | Page 1 |
| 2006 No 739 | Fisheries Management (General) Amendment (Eligible Fishers and Fishing |
| Clause 1 | Business Cards) Regulation 2006 |
Fisheries Management (General) Amendment (Eligible Fishers and Fishing Business Cards) Regulation 2006
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment
(Eligible Fishers and Fishing Business Cards) Regulation 2006.
2 Commencement
This Regulation commences on 5 February 2007.
3 Amendment of Fisheries Management (General) Regulation 2002
The Fisheries Management (General) Regulation 2002 is amended as set out in Schedule 1.
| Fisheries Management (General) Amendment (Eligible Fishers and Fishing | 2006 No 739 |
| Business Cards) Regulation 2006 | |
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
Parts 8A and 8B
Insert after Part 8:
Part 8A Registration of persons eligible to be
nominated fishers
| 280A | Application to register eligible fishers |
| (1) The owner of a fishing business may apply to the Director-General to register a person specified in the application as an eligible fisher in respect of the fishing business. |
Note. Only persons registered as eligible fishers may be nominated to take fish on behalf of a person in respect of a fishing business.
(2) An application under this clause:
(a) is to be in a form approved by the Director-General, and (b)
is to be accompanied by evidence that the person to be registered as an eligible fisher consents to the registration.
(3) A person may be registered as an eligible fisher only if the person
holds a current Class 1 commercial fishing licence.(4) A fee may be charged by the Director-General in respect of an
application under this clause.
| 280B | Registration of eligible fisher | |||
|
(a)
the person proposed to be registered does not hold a current Class 1 commercial fishing licence, or
(b)
the owner of the fishing business has not paid any fee or contribution due and payable under the Act or the regulations, or
| 2006 No 739 | Fisheries Management (General) Amendment (Eligible Fishers and Fishing Business Cards) Regulation 2006 |
| Schedule 1 | Amendment |
(c)
in the case of an application relating to a fishing business the components of which include shares in a share management fishery, the person proposed to be registered is not entitled to be registered as an eligible fisher under the share management plan for the fishery, or
(d)
there are grounds for suspending or cancelling the commercial fishing licence of the person proposed to be registered, or an endorsement on that commercial fishing licence (whether or not the licence or endorsement is in fact suspended or cancelled).
(3)
If the Director-General accepts the application for a person to be registered as an eligible fisher in relation to a fishing business, the Director-General is to register the name of the person as an eligible fisher in respect of the fishing business.
(4) Registration remains in force until it is cancelled by the
Director-General.
| 280C | Cancellation of registration of person as eligible fisher |
The Director-General may cancel the registration of a person as an eligible fisher in respect of a fishing business, by notice in writing to the owner of the fishing business, if:
(a)
the owner of the fishing business requests it by notice in writing to the Director-General in a form approved by the Director-General, or
(b) the eligible fisher requests it, or (c)
the eligible fisher ceases to be the holder of a current Class 1 commercial fishing licence, or
(d)
there are grounds for suspending or cancelling the commercial fishing licence of the eligible fisher, or an endorsement on that commercial fishing licence (whether or not the licence or endorsement is in fact suspended or cancelled), or
(e)
the owner of the fishing business transfers the fishing business or any component of the fishing business to another person, or
(f)
in the case of a person registered as an eligible fisher in respect of a fishing business the components of which include shares in a share management fishery, the person ceases to be entitled to be registered as an eligible fisher under the share management plan for the fishery.
| Fisheries Management (General) Amendment (Eligible Fishers and Fishing | 2006 No 739 |
| Business Cards) Regulation 2006 | |
| Amendment | Schedule 1 |
Part 8B Fishing business cards
| 280D | Definitions |
In this Part:
fishing business card means an endorsement issued in the form
of a document that is separate from the commercial fishing
licence of a person, under an arrangement referred to in section
68 (8C), 70 (6) or 112 (5) of the Act, and identified as a fishing
business card.
fishing business owner means the owner of a fishing business the
components of which include an endorsement in a restricted
fishery, or shares in a share management fishery.
nominated fisher of a fishing business owner means a person
who has been duly nominated by the fishing business owner to
take fish in a fishery on behalf of the fishing business owner,
pursuant to this Regulation or the share management plan for afishery.
280E Possession of fishing business card
(1) This clause applies if a fishing business owner is issued with a
fishing business card.(2)
A fishing business owner must not cause or allow physical possession of his or her fishing business card to be given to a person unless the person is the nominated fisher of the fishing business owner.
Maximum penalty: 100 penalty units.
280F Return of fishing business card
(1) The Minister may at any time require a fishing business owner, by notice in writing to the fishing business owner, to return a fishing business card to the Minister within the period specified in the notice. (2) A person must not, without reasonable excuse, fail to comply
with a requirement made under subclause (1).
Maximum penalty: 100 penalty units.(3) This clause does not of itself authorise the Minister to cancel an
endorsement.Note. Other provisions of this Regulation and the share management plans for share management fisheries provide for the circumstances in which the Minister is authorised to cancel an endorsement. The Minister might require a fishing business card to be returned under this clause because an endorsement has been or is to be cancelled under those
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| Schedule 1 | Amendment |
provisions. However, the Minister might also require a fishing business card to be returned merely to allow annotations on the card to be changed.
(4)
If the nomination of a person as a nominated fisher is revoked, that person must immediately return the fishing business card of the fishing business to which the revoked nomination relates to the fishing business owner or such other person as the fishing business owner directs.
(5) A person must not, without reasonable excuse, fail to comply
with subclause (4).
Maximum penalty: 100 penalty units.
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