Fisheries Management Legislation Further Amendment Regulation 2010 (NSW)
2010 No 115
New South Wales
Fisheries Management Legislation
Further Amendment Regulation 2010
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.
STEVE WHAN, MP
Minister for Primary Industries
Explanatory note
The object of this Regulation is to amend fisheries management legislation as a consequence of the commencement of provisions of the Fisheries Management Amendment Act 2009 (the amending Act) on 1 April 2010 and for other purposes.
This Regulation amends the Fisheries Management (General) Regulation 2002 as follows:
| (a) | to update the species of fish that are protected under the Fisheries Management Act 1994 (the Act) and to declare the possession of certain species of protected fish to be prohibited absolutely, |
| (b) | to specify the species of fish that are protected absolutely from commercial fishing and to declare the sale of certain species of fish protected from commercial fishing to be prohibited absolutely, |
| (c) | to update the provision that specifies the fish that are protected from different classes of recreational fishing in certain waters and at certain times of the year, |
| (d) | to prescribe the species of exotic fish that are prohibited from being brought live into New South Wales, |
| (e) | to make it an offence for recreational fishers to take or possess wobbegong sharks, |
| (f) | to establish an Aboriginal Fishing Advisory Council and provide for the composition and procedures of the Council, |
| (g) | to exempt a charter fishing boat from the requirement to be licensed if the commercial organisation operating the boat does not provide a person to guide or instruct the persons on the boat in fishing operations, |
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| Fisheries Management Legislation Further Amendment Regulation 2010 Explanatory note | |
| (h) | to prescribe the information that must be included in the records of sale and possession of fish that commercial fishers and fish sellers are required to make under the Act, |
(i) to prescribe the commercial quantities of fish for the purposes of record-keeping requirements under the Act, so that the requirements to produce records concerning the possession of fish that apply to fishing industry participants who are in possession of any quantity of fish also apply to any other person who is in possession of more than the commercial quantity,
| (j) | to prescribe further offences under the Act as forfeiture offences, which enables fisheries officers to seize any boats or motor vehicles used by persons committing those offences, |
| (k) | to increase the prescribed penalties for certain penalty notice offences under the Act, |
| (l) | to repeal provisions relating to the waiver and refund of certain fees and contributions payable under the Act and the regulations that are no longer necessary because the amending Act gives the Minister a general power to waive or refund any fees, charges, rental payments or contributions payable under the Act or the regulations, if the Minister considers it appropriate to do so, |
| (m) | to remove the entitlement of certain Aboriginal persons to be exempted from paying recreational fishing fees because the amending Act exempts all Aboriginal persons from paying recreational fishing fees, |
| (n) | to make amendments of a statute law revision nature. |
This Regulation also makes amendments as a consequence of the commencement of the amending Act and amendments of a statute law revision nature to the Fisheries Management (Abalone Share Management Plan) Regulation 2000, the Fisheries Management (Aquaculture) Regulation 2007 and the Fisheries Management (Lobster Share Management Plan) Regulation 2007.
This Regulation is made under the Fisheries Management Act 1994, including sections 17–20A, 34A, 60, 123, 123A, 127B, 217, 229, 265 and 289 (the general regulation-making power) and clause 2 (1) of Schedule 7.
2010 No 115
| Fisheries Management Legislation Further Amendment Regulation 2010 | Clause 1 |
Fisheries Management Legislation Further Amendment
Regulation 2010
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management Legislation Further
Amendment Regulation 2010.
2 Commencement
This Regulation commences on 1 April 2010 and is required to be published on the NSW legislation website.
2010 No 115
Fisheries Management Legislation Further Amendment Regulation 2010
| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
[1] Clause 3 Interpretation
Insert at the end of clause 3:
(2) A reference in this Regulation to the common name of a species of fish does not limit the scientific description of that species of fish. If there is any inconsistency between the common name and the scientific description of the species, the scientific description of the species prevails.
[2] Clause 6 Protected fish
Omit clause 6 (1). Insert instead:
(1) For the purposes of section 19 (1) of the Act, the species of fish
specified in Table 1 are protected fish.
(1A) For the purposes of section 19 (4) of the Act, the possession of
the protected fish specified in Table 2 is prohibited absolutely.[3] Clause 6, Tables 1 and 2
Omit the Table to the clause. Insert instead:
Table 1 Protected fish
Part 1 Marine or estuarine species
Common name Species Ballina angelfish Chaetodontoplus ballinae Bluefish Girella cyanea Eastern blue devil fish, Bleekers devil Paraplesiops bleekeri fish Elegant wrasse Anampses elegans Estuary cod Epinephelus coioides Ghost pipefish All species of the family
SolenostomidaeGiant Queensland groper Epinephelus lanceolatus Herbsts nurse shark Odontaspis ferox
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Fisheries Management Legislation Further Amendment Regulation 2010
| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
Common name Species Pipefish, pipehorse, seadragon, All species of the family seahorse Syngnathidae Seamoth All species of the family Pegasidae Part 2 Freshwater species Common name Species Australian grayling Prototroctes maraena Isopod Crenoicus harrisoni Table 2 Protected fish—possession prohibited absolutely
Part 1 Marine or estuarine species
Common name Species Ballina angelfish Chaetodontoplus ballinae Bluefish Girella cyanea Eastern blue devil fish, Bleekers devil Paraplesiops bleekeri fish Elegant wrasse Anampses elegans Ghost pipefish All species of the family
SolenostomidaeGiant Queensland groper Epinephelus lanceolatus Herbsts nurse shark Odontaspis ferox Pipefish, pipehorse, seadragon, All species of the family seahorse Syngnathidae Seamoth All species of the family Pegasidae Part 2 Freshwater species Common name Species Australian grayling Prototroctes maraena Isopod Crenoicus harrisoni
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[4] Clause 7
Omit the clause. Insert instead:
7 Fish protected from commercial fishing
(1)
For the purposes of section 20 (1) of the Act, the species of fish specified in Table 1 are protected absolutely from all commercial fishing.
(2) For the purposes of section 20 (4) of the Act, the sale of any
species of fish specified in Table 2 is prohibited absolutely.Table 1 Fish protected absolutely from all commercial fishing
Part 1 Marine or estuarine species
Common name Species Groper, blue, brown or red Achoerodus viridis Marlin, black Makaira indica Marlin, blue Makaira mazara Marlin, striped Tetrapturus audax Tuna, southern bluefin Thunnus maccoyii Part 2 Freshwater species Common name Species Atlantic salmon Salmo salar Australian bass Macquaria novemaculeata Catfish, eel-tailed Tandanus tandanus Estuary perch Macquaria colonorum Freshwater crayfish
All species of the genera Euastacus and Cherax except for the common yabby Cherax destructor
Golden perch Macquaria ambigua Murray cod Maccullochella peelii peelii Silver perch Bidyanus bidyanus Trout, brook Salvelinus fontinalis
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Common name Species Trout, brown Salmo trutta Trout, rainbow Oncorhynchus mykiss Table 2 Protected fish—sale prohibited absolutely
Part 1 Marine or estuarine species
Common name Species Marlin, black Makaira indica Marlin, blue Makaira mazara Marlin, striped Tetrapturus audax Part 2 Freshwater species Common name Species Atlantic salmon Salmo salar Australian bass Macquaria novemaculeata Catfish, eel-tailed Tandanus tandanus Estuary perch Macquaria colonorum Freshwater crayfish All species of the genera Euastacus and Cherax except for the common yabby Cherax destructor Silver perch Bidyanus bidyanus Trout, brook Salvelinus fontinalis Trout, brown Salmo trutta Trout, rainbow Oncorhynchus mykiss
[5] Part 2 Protected fish, protected waters, prohibited size fish and bag limits
Omit the heading to Division 1A. Insert instead:
Division 1A Fish and waters protected from commercial
and recreational fishing
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[6] Clause 8B
Omit the clause. Insert instead:
8B Fish and waters protected from recreational fishing
(1) For the purposes of section 20A (1) and (2) of the Act, the species of fish specified in Column 2 of Schedule 2 are protected from the class of recreational fishing specified in Column 3 of that Schedule in the waters specified in Column 1 of that Schedule during the period specified in Column 4 of that Schedule. (2) This clause does not apply in respect of a commercial fisher
taking fish for sale as authorised under the Act.(3) In Schedule 2, longitude and latitude coordinates are in WGS84
datum, unless otherwise provided.
[7] Clause 9 Prohibited size fish
Omit “Maccullochella peeli” from Column 1 of Part 3 of Table 1 to the clause.
Insert instead “Maccullochella peelii peelii”.[8] Part 2, Division 3, Table
Omit “All species (other than wobbegong sharks)” from Column 1 of Part 1 of the Table in the matter relating to “Sharks and Rays (other than wobbegong sharks)”.
Insert instead “All species (other than Orectolobus spp.)”.
[9] Part 2, Division 3, Table
Insert the following after the matter relating to “Whiting” in Part 1 of the
Table:
Wobbegong shark Orectolobus spp. 0
[10] Part 2, Division 3, Table
Omit “Maccullochella peeli” from Column 1 of Part 3 of the Table.
Insert instead “Maccullochella peelii peelii”.
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[11] Clause 120A
Insert after clause 120:
| 120A | Evidence of payment of fishing fee |
For the purposes of paragraph (c) of the definition of official receipt in section 34A of the Act, a receipt card issued to a person following payment of a fishing fee by the person over the telephone or by electronic means is evidence of payment of a fishing fee.
[12] Clause 122 Fishing fee exemption certificates may be issued to certain owners and lessees of private land
Omit clause 122 (1). Insert instead:
(1) For the purposes of section 34I (3) (c) of the Act, the class of persons consisting of owners or lessees of private land on which there is a body of water comprising the backed up waters of a dam or impoundment is prescribed as a class of persons to whom a fishing fee exemption certificate may be issued.
[13] Clause 140 Making of appeals to Share Appeal Panel (section 84 of the Act)
Omit clause 140 (3).
[14] Clause 142 Fee for inspection of Share Register and registered documents
Omit clause 142 (2).
[15] Clause 290 Definitions
Insert “activity” after “prescribed” in the definition of “prescribed record”.
[16] Clauses 290A and 290B
Insert “activity” after “prescribed” in clauses 290A (1) and 290B (1) wherever occurring.
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[17] Clause 291
Omit the clause. Insert instead:
291 Records of sale and possession of fish—commercial quantity For the purposes of the definition of commercial quantity of fish in section 123A (7) of the Act, the prescribed quantity of fish is the following:
(a) in respect of abalone—2 abalone or, if the number of whole abalone cannot be determined, 100 grams, (b) in respect of eastern rock lobsters—2 lobsters or, if the number of whole lobsters cannot be determined, 1 kg, (c) in respect of crustaceans (other than eastern rock lobsters)—1 kg, (d) in respect of finfish—3 kg whole weight or 1.5 kg fillet weight, (e) in respect of beachworms—20 worms or parts of worms, (f) in any other case—1 kg.
[18] Clause 292 Information to be included in records of sale and possession of fish
Omit clause 292 (1). Insert instead:
(1) For the purposes of section 123 (1), a record concerning the sale
of fish must:
(a) in the case of the sale of fish by a commercial fisher directly to a person for consumption and not for resale—be in a form approved by the Director-General that includes the following information: (i) the date of the sale,
(ii) the quantity of fish sold,
(iii) a description of the fish sold, including a description of the manner in which the fish have been processed,
(iv) the total price paid,
(v) the number allocated by the Director-General under the Act to the fishing business in relation to which the commercial fisher took the fish, or
(b) in any other case—include the following information:
(i)
the standard name and weight of each species of fish sold,
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(ii) a description of the manner in which the fish have been processed,
(iii) the date of the sale,
(iv) the full name and address of the seller,
(v) the full name and address of the purchaser,
(vi) the full name, address and signature of the person completing the record,
(vii) the price per kilogram, price per packet or price per unit of each species of fish sold,
(viii) the total sales value of each species of fish sold,
(ix) in respect of each sale, a unique identifying number allocated to the sale for the purposes of the record, being a number that is one of a sequence of unique identifying numbers where each subsequent sale is allocated the next number in the sequence,
(x) if the fish were taken by a commercial fisher, the number allocated by the Director-General under the Act to the fishing business in relation to which the commercial fisher took the fish.
[19] Clause 292 (2)
Omit “section 123 (2) and (3)”.
Insert instead “sections 123 (2) and 123A (1)”.[20] Clause 292 (2) (i)
Omit the paragraph. Insert instead:
(i) if the fish were taken by a commercial fisher, the number allocated by the Director-General under the Act to the fishing business in relation to which the commercial fisher took the fish.
[21] Clause 298 What boats must be licensed?
Insert at the end of the clause before the note:
(2)
However, a charter fishing boat operated by a commercial organisation (within the meaning of section 127A of the Act), that would otherwise be required to be licensed under this clause, is not required to be licensed if the charter fishing boat is operated under an arrangement where a person is provided, for payment or other consideration, for the purposes of operating the boat only and not for the purposes of guiding or instructing the persons using the boat in fishing operations.
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| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
[22] Clause 313 Application for review by third party
Omit clause 313 (3).
[23] Clause 340
Omit clauses 340 and 340AA. Insert instead:
340 Importation of live fish—prohibited species (section 217 of the Act) For the purposes of section 217 (1) of the Act, the species of fish specified in Schedule 3 are prescribed.
Note. Under section 217 (1), a person must not bring into New South Wales any live fish of a species or class prescribed by the regulations except under the authority of a permit issued by the Minister.
[24] Clause 348 Establishment of advisory councils
Insert after clause 348 (b):
(c) an Aboriginal Fishing Advisory Council.
[25] Clause 351
Insert after clause 350:
351 Aboriginal Fishing Advisory Council
(1) The Aboriginal Fishing Advisory Council is to be composed of
the following members:
(a) Aboriginal persons appointed to represent different regions of the State (not more than 10 persons in total), (b) one other Aboriginal person, (c) one person appointed as a representative of NTSCORP Limited, (d) one person appointed as a representative of the New South Wales Aboriginal Land Council, (e) a senior officer of the Department. (2) The member of the Aboriginal Fishing Advisory Council who is a senior officer of the Department is not entitled to vote at meetings of the Council.
[26] Clause 357 Deputies
Insert at the end of the clause:
(5) This clause does not apply to a member of the Aboriginal Fishing
Advisory Council referred to in clause 351 (1) (a) or (b).
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| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
[27] Clause 358 Vacancy in office of member
Insert “in the case of a member of the Seafood Industry Advisory Council or the Advisory Council on Recreational Fishing,” before “the member becomes bankrupt” in clause 358 (f).
[28] Clause 358 (h1)
Insert after clause 358 (h):
(h1) in the case of a member appointed as a representative of NTSCORP Limited or the New South Wales Aboriginal Land Council, the body advises the Minister that the body no longer wishes to be represented by that member, or
[29] Clause 359 Removal of member from office by Minister
Insert at the end of the clause:
(4) The Minister must remove a member of the Aboriginal Fishing Advisory Council from office if the Minister is satisfied, after consultation with the Council, that the member has been convicted of an offence involving dishonesty or financial misconduct or an offence relating to the management of the affairs of a business or a corporation.
[30] Clause 360 Filling of vacancy in office of member
Omit clause 360 (2). Insert instead:
(2) The Minister may appoint a person to fill a vacancy by calling for expressions of interest in the position, requesting nominations for the position or appointing a person who was previously nominated for the position.
[31] Clause 361 Chairperson and deputy chairperson of Seafood Industry Advisory Council and Advisory Council on Recreational Fishing
Insert at the end of the clause:
(8) This clause does not apply to the Aboriginal Fishing Advisory
Council.
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| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
[32] Clause 361A
Insert after clause 361:
| 361A | Chairperson and deputy chairperson of Aboriginal Fishing Advisory Council | |||
|
(a) by the chairperson of the Council, or (b) in the absence of the chairperson:
(i) by the deputy chairperson of the Council, or (ii) in the absence of the deputy chairperson (or if no deputy chairperson has been appointed)—by the person appointed by the Minister to chair the meeting in such circumstances (who is a member of the Council), or
(iii) in the absence of the person appointed under subparagraph (ii)—by a member of the Council elected by the members present to chair the meeting.
[33] Clause 362 General procedure for calling and holding meetings of advisory councils
Omit “an advisory council” from clause 362 (1).
Insert instead “the Seafood Industry Advisory Council and the Advisory
Council on Recreational Fishing”.[34] Clause 362 (1A) and (1B)
Insert after clause 362 (1):
(1A)
The procedure for the calling and holding of meetings of the Aboriginal Fishing Advisory Council is to be determined by the chairperson of the Council in consultation with the Minister.
(1B)
During any vacancy in the office of chairperson of the Aboriginal Fishing Advisory Council, the procedure for calling and holding of meetings of the Council is to be determined by the Minister.
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Fisheries Management Legislation Further Amendment Regulation 2010
| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
[35] Clause 364 Quorum
Omit “an advisory council”.
Insert instead “the Seafood Industry Advisory Council and the Advisory
Council on Recreational Fishing”.[36] Clause 364 (2)
Insert at the end of the clause:
(2) The quorum for a meeting of the Aboriginal Fishing Advisory Council consists of a two-thirds majority of its members for the time being, excluding any members not entitled to vote at meetings of the Council.
[37] Clause 412 Forfeiture offences
Insert after paragraph (a):
(a1) an offence against section 16 of the Act (Prohibited size
fish),
[38] Clause 412 (c1)–(c4)
Insert after paragraph (c):
(c1) an offence against section 19 of the Act (Protected fish), (c2) an offence against section 20 of the Act (Fish and waters
protected from commercial fishing),(c3) an offence against section 20A of the Act (Fish and waters
protected from recreational fishing),(c4) an offence against section 21B of the Act (Trafficking in
fish),
[39] Clause 412 (e1)–(e11)
Insert after paragraph (e):
(e1) an offence against section 35 of the Act (Possessing fish
illegally taken),(e2) an offence against section 65 of the Act (Contravention of
plan),(e3) an offence against section 68 of the Act (Endorsements on
licences),(e4) a share forfeiture offence (within the meaning of section 75 of the Act),
(e5) an offence against section 102 of the Act (Commercial
fishers required to be licensed),
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(e6) an offence against section 104 of the Act (Provisions
relating to licensing of commercial fishers),(e7) an offence against section 108 of the Act (Provisions
relating to licensing of boats),(e8) an offence against section 112 of the Act (Commercial
fishing licence to be endorsed for restricted fishery),(e9) an offence against section 220ZA (Harming threatened
species, populations or ecological communities),(e10) an offence against section 220ZB (Buying, selling or
possessing threatened species),(e11) an offence against section 220ZC (Damage to critical
habitat),
[40] Clause 435
Insert after clause 434:
435 Penalties imposed by Local Court The amendment made to section 277 (2) by the Fisheries Management Amendment Act 2009 applies only in respect of an offence committed on or after 1 April 2010.
436 Records of sale and possession of fish
(1) New section 123 applies in respect of fish sold on or after 1 April
2010.(2) Repealed section 123 continues to apply in respect of fish sold
before 1 April 2010.(3)
A record concerning the sale or possession of fish that was made in respect of fish sold before 1 April 2010 and that complied with the requirements with respect to records of sale or possession applicable under repealed section 123 is taken:
(a)
to be a record of acquisition or possession for the purposes of new section 123 or new section 123A (as the case requires), and
(b)
to comply with the requirements of new section 123 and 123A.
(4) In this clause:
new section 123 means section 123 as substituted by the
Fisheries Management Amendment Act 2009.
new section 123A means section 123A as inserted by the
Fisheries Management Amendment Act 2009.
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Fisheries Management Legislation Further Amendment Regulation 2010
| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
repealed section 123 means section 123 as in force immediately
before 1 April 2010.
[41] Schedule 2
Omit the heading to the Schedule. Insert instead:
Schedule 2 Fish and waters protected from
recreational fishing[42] Schedule 3
Insert after Schedule 2:
Schedule 3 Importation of live fish—prohibited
species
(Clause 340)
Column 1 Column 2 Species Common name Clariidae family African catfish, broadhead catfish, eel
catfishRutilus rutilus Roach Tinca tinca Tench Gymnotidae family Naked back knifefish Parachanna spp. Snakehead Trichomycteridae family Candiru, pencil catfish Crenicichla spp. Pike cichlid Pseudoplatystoma fasciatum Tiger catfish Malapteruridae family Electric catfish Ictalurus punctatus Channel catfish Himantura spp. Freshwater stingray Gasterosteidae family Stickleback Polypteridae family Bichir Schilbe spp. Silver catfish, shoulderspot catfish Perca fluviatilis Redfin perch
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Fisheries Management Legislation Further Amendment Regulation 2010
| Schedule 1 | Amendment of Fisheries Management (General) Regulation 2002 |
Column 1 Column 2 Species Common name Scortum barcoo Barcoo grunter Bidyanus welchi Welchs grunter Hephaestus fuliginosus Sooty grunter Oxyeleotris lineolatus Sleepy cod Any hybrid between members of the Hybrid grunter Terapontidae family Salmo salar Atlantic salmon Salvelinus fontinalis Brook trout Salmo trutta Brown trout Oncorhynchus mykiss Rainbow trout Lates calcarifer Barramundi Cherax tenuimanus Marron Cherax quadricarinatus Redclaw Haliotis spp. Abalone [43] Schedule 5 Penalty notices
Omit the following matter from Columns 1 and 2 of Part 1 respectively:
Section 16 (1) $300 Section 16 (2) $300 Section 17 (2) $300 Section 18 (2) $300 Insert instead:
Section 16 (1) $500 Section 16 (2) $500 Section 16 (3) $500 Section 16 (4) $500 Section 17 (2) $500 Section 17 (2A) $500
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Section 18 (2) $500 Section 18 (2A) $500 [44] Schedule 5, Part 1
Omit the following matter from Columns 1 and 2 respectively:
Section 20 (3) (b) $2,750 Section 20 (3) (c) $5,500 Insert instead:
Section 20 (3) (b) $5,500 Section 20 (3) (c) $2,750 Section 20 (5) $2,750 Section 20A (3) (a) $500 Section 20A (3) (b) $500 [45] Schedule 5, Part 1
Omit the following matter from Columns 1 and 2 respectively:
Section 68 (6C) in relation to a contravention of a condition $200 referred to in clause 15 or 16 of the Ocean Hauling Share Management Plan (as set out in the Fisheries Management (Ocean Hauling Share Management Plan) Regulation
2006)
Section 68 (6C) in any other case $500 Insert instead:
Section 68 (6C) $500 [46] Schedule 5, Part 1
Omit the following matter from Columns 1 and 2 respectively:
Section 123 (1) (a) $200 Section 123 (1) (b) $200 Section 123 (1) (c) $200
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Section 123 (2) (a) (i) $200 Section 123 (2) (a) (ii) $200 Section 123 (2) (b) $200 Section 123 (2) (c) $200 Section 123 (3) $200 Insert instead: Section 123 (1) $500 Section 123 (2) $500 Section 123 (3) $500 Section 123A (1) $500 [47] Schedule 5, Part 1
Omit “$200” from Column 2 of the matter relating to section 206 (1) in
Column 1.Insert instead “$500”.
[48] Schedule 5, Part 1
Omit “$300” from Column 2 of the matters relating to sections 217 (1) and
217 (2).Insert instead “$500”.
[49] Schedule 5, Part 1
Omit “$200” from Column 2 of the matter relating to section 256 (4).
Insert instead “$500”.[50] Schedule 5, Part 1
Insert the following matter in Columns 1 and 2 respectively after the matter relating to section 258 (2).
Section 258A (6) $500
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| Amendment of Fisheries Management (General) Regulation 2002 | Schedule 1 |
[51] Schedule 5, Part 1
Insert the following matter at the end of Part 1 in Columns 1 and 2 respectively:
Section 279A (1) $500 [52] Schedule 5, Part 2
Omit the following matter from Columns 1 and 2 respectively:
Clause 8B $500 [53] Schedule 5, Part 2
Omit “$200” from Column 2 of the matter relating to clause 108 (1).
Insert instead “$500”.
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Fisheries Management Legislation Further Amendment Regulation 2010
| Schedule 2 | Amendment of Fisheries Management (Abalone Share Management Plan) Regulation 2000 |
| Schedule 2 | Amendment of Fisheries Management (Abalone Share Management Plan) Regulation 2000 |
Appendix, clause 19
Omit clause 19 (2A).
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Fisheries Management Legislation Further Amendment Regulation 2010
| Amendment of Fisheries Management (Aquaculture) Regulation 2007 | Schedule 3 |
| Schedule 3 | Amendment of Fisheries Management (Aquaculture) Regulation 2007 |
[1] Clause 7 Aquaculture permit holders liable to pay contributions towards cost of administration
Omit clause 7 (3) (a). Insert instead:
(a) annually, on or before a date determined by the Minister and notified to the permit holder, or
[2] Clause 7 (7) and (8)
Omit the subclauses.
[3] Clause 10 Minister may waive payment of contribution
Omit the clause.
[4] Clause 11 Aquaculture permit holders liable to pay contributions for research
Omit clause 11 (4) (a). Insert instead:
(a) annually, on or before a date determined by the Minister and notified to the permit holder, or
[5] Clause 11 (9)–(11)
Omit the subclauses.
[6] Clause 19 Class A and B permit holders to enter into financial arrangement to provide security
Omit clause 19 (6) (b).
[7] Clause 23 Contributions to be made by certain class A permit holders
Omit clause 23 (3) (a). Insert instead:
(a) annually, on or before a date determined by the Minister and notified to the permit holder, or
[8] Clause 23 (7)
Omit the subclause.
[9] Clause 23A Additional contributions to be made by certain class A permit holders
Omit clause 23A (8).
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Fisheries Management Legislation Further Amendment Regulation 2010
| Schedule 3 | Amendment of Fisheries Management (Aquaculture) Regulation 2007 |
[10] Clause 41 How rent for an aquaculture lease is to be calculated
Omit clause 41 (5).
[11] Clause 42 When rent payable
Omit clause 42 (2) (a). Insert instead:
(a) annually, on or before a date determined by the Minister and notified to the permit holder, or
[12] Clause 47 Aquaculture lease may be surrendered
Omit clause 47 (6) and (8).
[13] Clause 60 Diseases declared for purposes of Division 4 of Part 6 of the Act
Omit the clause.
[14] Clause 61 Notification of declared diseases
Omit “class A or class B disease” from clause 61 (1) and (2) wherever occurring.
Insert instead “declared disease (within the meaning of Division 4 of Part 6 of the Act)”.
[15] Clause 62 Order declaring quarantine area
Omit clause 62 (d).
[16] Clause 63 Withdrawal of applications relating to leases
Omit clause 63 (3) and (4).
[17] Clause 67 Fee for permit under section 37 of the Act
Omit clause 67 (2).
[18] Schedule 2 Forms
Omit “aquaculture farm” from Form 1. Insert instead “area”.
[19] Schedule 2, Form 1
Omit “farm” wherever occurring. Insert instead “leased area”.
[20] Schedule 2, Form 1
Omit “of Primary Industries” wherever occurring.
2010 No 115
Fisheries Management Legislation Further Amendment Regulation 2010
| Amendment of Fisheries Management (Lobster Share Management Plan) | Schedule 4 |
| Regulation 2000 | |
| Schedule 4 | Amendment of Fisheries Management (Lobster Share Management Plan) Regulation 2000 |
[1] Appendix Lobster Share Management Plan
Omit clause 19 (2A).
[2] Appendix, clause 50
Omit the clause.
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