Fisheries Management Legislation Amendment (Quota Shares) Regulation 2017 (NSW)
New South Wales
Fisheries Management Legislation
Amendment (Quota Shares) Regulation 2017
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 objects of this Regulation are as follows:
| (a) | to amend the Fisheries Management (Estuary General Share Management Plan) Regulation 2006, the Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006 and the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006 as follows: | |||||
| ||||||
| (b) | to make consequential amendments to the Fisheries Management (Supporting Plan) Regulation 2006 and the Fisheries Management (General) Regulation 2010, | |||||
| (c) | to update references to the Director-General in various share management plans. |
This Regulation is made under the Fisheries Management Act 1994, including sections 40, 60, 71A, 84 and 289 (the general regulation-making power).
Fisheries Management Legislation Amendment (Quota Shares)
Regulation 2017
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management Legislation Amendment (Quota
Shares) Regulation 2017.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
| Schedule 1 | Amendment of Fisheries Management (Estuary General Share Management Plan) Regulation 2006 |
[1] Appendix, clause 5
Omit “63”. Insert “66”.
[2] Appendix, clause 5
Insert after clause 5 (i):
(j) Estuary general—mud crab quota shares, (k) Estuary general—blue swimmer crab quota shares, (l) Estuary general—eel quota shares.
[3] Appendix, clause 5
Omit the note. Insert instead:
Note. The classes of shares referred to in paragraphs (a)–(i) correspond to the types of endorsements available in the fishery and the region in which an endorsement authorises the holder to take fish.
The classes of shares referred to in paragraphs (j)–(l) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
[4] Appendix, Part 3A
Insert after clause 6:
Part 3A Quota shares
6A New classes of shares
(1) The following classes of shares are available in the fishery:
(a) Estuary general—mud crab quota shares, (b) Estuary general—blue swimmer crab quota shares, (c) Estuary general—eel quota shares. (2) These shares are created as further classes of shares under section 71A of the
Act and are referred to in this Plan as quota shares.
6B Criteria for issue of quota shares
(1) A person is eligible to be issued with quota shares if the person is an eligible
shareholder in relation to those shares.(2)
A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 of the Table to this subclause if, on the relevant date, the person holds shares of a class specified opposite in Column 2.
Table Eligibility for quota shares
Column 1 Column 2 Quota shares Existing shares Estuary general—mud crab Estuary general—meshing shares—Regions 1–7 quota shares Column 1 Column 2 Quota shares Existing shares Estuary general—mud crab trapping shares—
Regions 1–7Estuary general—blue Estuary general—meshing shares—Regions 1–7 swimmer crab quota shares Estuary general—trapping shares—Regions 1–7 Estuary general—category one hauling shares—
Regions 1–7Estuary general—eel quota Estuary general—eel trapping shares—Regions 1–7 shares (3) The Minister is to determine the number of quota shares to be issued to each
eligible shareholder.(4) The determination is to be made on the basis of an allocation formula set out
in a notice published by the Secretary in the Gazette.(5) The allocation formula is also to be made available on the Department’s
website.(6) The relevant date is the date specified as the relevant date in the notice
published by the Secretary under subclause (4).
6C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance
with the determination under clause 6B for each class of quota shares.(2) The Minister must, as soon as practicable after issuing quota shares:
(a)
notify each shareholder of the number of quota shares issued to the shareholder, and
(b)
give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
6D Appeals to Share Appeal Panel
(1)
A person who has been issued with quota shares may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued to the person.
(2) When a person lodges an appeal, the quota shares issued to the person are
shares that are subject to appeal.(3) The transfer of, or any other registrable dealing in, quota shares that are subject
to appeal is not permitted.(4) On completion of an appeal, the Minister may cancel or issue shares in order
to give effect to a decision of the Share Appeal Panel.(5)
No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.
(6) For the purposes of section 90 (1) (e) of the Act, shares that are subject to
appeal are to be registered as such on the Share Register.(7) Shares cease to be subject to appeal if:
(a) the appeal to the Share Appeal Panel is withdrawn, or (b)
the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.
Note. The Supporting Plan contains provisions relating to lodging an appeal to the
Share Appeal Panel in relation to the issue of quota shares.
[5] Whole Appendix
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
| Schedule 2 | Amendment of Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006 |
[1] Appendix, clause 5
Omit “29”. Insert “30”.
[2] Appendix, clause 5
Insert after clause 5 (e):
(f) Ocean hauling—eastern sea garfish quota shares.
[3] Appendix, clause 5
Omit the note. Insert instead:
Note. The classes of shares referred to in paragraphs (a)–(e) correspond to the types of endorsements available in the fishery and the region in which an endorsement authorises the holder to take fish.
The shares referred to in paragraph (f) were issued as a further class of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
[4] Appendix, Part 3A
Insert after clause 6:
Part 3A Quota shares
6A New class of shares
(1) The class of shares known as ocean hauling—eastern sea garfish quota shares
are available in the fishery.(2) These shares are created as a further class of shares under section 71A of the
Act and are referred to in this Plan as quota shares.
6B Criteria for issue of quota shares
(1) A person is eligible to be issued with quota shares if the person is an eligible
shareholder in relation to those shares.(2)
A person is an eligible shareholder in relation to ocean hauling—eastern sea garfish quota shares if, on the relevant date, the person holds ocean hauling— garfish net (hauling) shares—Regions 1–7.
(3) The Minister is to determine the number of quota shares to be issued to each
eligible shareholder.(4) The determination is to be made on the basis of an allocation formula set out
in a notice published by the Secretary in the Gazette.(5) The allocation formula is also to be made available on the Department’s
website.(6) The relevant date is the date specified as the relevant date in the notice
published by the Secretary under subclause (4).6C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance
with the determination under clause 6B.(2) The Minister must, as soon as practicable after issuing quota shares:
(a)
notify each shareholder of the number of quota shares issued to the shareholder, and
(b)
give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
6D Appeals to Share Appeal Panel
(1)
A person who has been issued with quota shares may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued to the person.
(2) When a person lodges an appeal, the quota shares issued to the person are
shares that are subject to appeal.(3) The transfer of, or any other registrable dealing in, quota shares that are subject
to appeal is not permitted.(4) On completion of an appeal, the Minister may cancel or issue shares in order
to give effect to a decision of the Share Appeal Panel.(5)
No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.
(6) For the purposes of section 90 (1) (e) of the Act, shares that are subject to
appeal are to be registered as such on the Share Register.(7) Shares cease to be subject to appeal if:
(a) the appeal to the Share Appeal Panel is withdrawn, or (b)
the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.
Note. The Supporting Plan contains provisions relating to lodging an appeal to the
Share Appeal Panel in relation to the issue of quota shares.
[5] Whole Appendix
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
| Schedule 3 | Amendment of Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006 |
[1] Appendix, clause 4
Insert after clause 4 (f):
(g) Ocean trap and line—spanner crab quota shares.
[2] Appendix, clause 4
Omit the note. Insert instead:
Note.
The classes of shares referred to in paragraphs (a)–(f) correspond to the types section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
of endorsements available in the fishery.
[3] Appendix, Part 3A
Insert after clause 5:
Part 3A Quota shares
5A New class of shares
(1) The class of shares known as ocean trap and line—spanner crab quota shares
are available in the fishery.(2) These shares are created as a further class of shares under section 71A of the
Act and are referred to in this Plan as quota shares.
5B Criteria for issue of quota shares
(1) A person is eligible to be issued with quota shares if the person is an eligible
shareholder in relation to those shares.(2)
A person is an eligible shareholder in relation to ocean trap and line—spanner crab quota shares if, on the relevant date, the person holds ocean trap and line—spanner crab northern zone shares or ocean trap and line—spanner crab southern zone shares.
(3) The Minister is to determine the number of quota shares to be issued to each
eligible shareholder.(4) The determination is to be made on the basis of an allocation formula set out
in a notice published by the Secretary in the Gazette.(5) The allocation formula is also to be made available on the Department’s
website.(6) The relevant date is the date specified as the relevant date in the notice
published by the Secretary under subclause (4).5C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance
with the determination under clause 5B.(2) The Minister must, as soon as practicable after issuing quota shares:
(a)
notify each shareholder of the number of quota shares issued to the shareholder, and
(b)
give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
5D Appeals to Share Appeal Panel
(1)
A person who has been issued with quota shares may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued to the person.
(2) When a person lodges an appeal, the quota shares issued to the person are
shares that are subject to appeal.(3) The transfer of, or any other registrable dealing in, quota shares that are subject
to appeal is not permitted.(4) On completion of an appeal, the Minister may cancel or issue shares in order
to give effect to a decision of the Share Appeal Panel.(5)
No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.
(6) For the purposes of section 90 (1) (e) of the Act, shares that are subject to
appeal are to be registered as such on the Share Register.(7) Shares cease to be subject to appeal if:
(a) the appeal to the Share Appeal Panel is withdrawn, or (b)
the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.
Note. The Supporting Plan contains provisions relating to lodging an appeal to the
Share Appeal Panel in relation to the issue of quota shares.
| Schedule 4 | Amendment of Fisheries Management (Supporting Plan) Regulation 2006 |
[1] Appendix, clause 2
Insert in alphabetical order in clause 2 (1):
quota share means a share created and issued to a shareholder in a fishery
under section 71A of the Act.Note. Various classes of quota shares have been issued in the estuary general, ocean hauling and ocean trap and line fisheries. See the management plans for those fisheries.
[2] Appendix, clause 4A
Insert after clause 4:
4A Appeals to Share Appeal Panel relating to issue of quota shares
(1) This clause applies to a person who has been issued with quota shares under a share management plan that provides for an appeal to the Share Appeal Panel in relation to the number of quota shares issued to the person by the Minister. (2) An appeal to the Share Appeal Panel:
(a) must be lodged within 21 days after the person making the appeal is notified of the number of quota shares issued to the person, and (b) must be made in a form approved by the Secretary, and (c) must be accompanied by the fee of $379. (3) The Secretary is to notify the person making the appeal of the receipt of the
appeal.
[3] Appendix, clause 10A
Insert “, other than a class of quota shares,” after “class of share” in the definition of class of share in clause 10A (5).
| Schedule 5 | Amendment of Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006 |
Whole Appendix
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
| Schedule 6 | Amendment of Fisheries Management (General) Regulation 2010 |
[1] Clause 122 Appeals to Share Appeal Panel
Omit the clause.
[2] Schedule 8 Fees and contributions
Omit item 13.
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