Justices Act 1902 Regulation relating to the short description of certain traffic offences under the Fisheries and Oyster Farms Act 1935 and the regulations under that Act (1991-526) [GG No 139 of 4.10.1991] (NSW)

1991—No. 526

JUSTICES ACT 1902—REGULATION

(Relating to the short description of certain offences under the Fisheries and

Oyster Farms Act 1935 and the regulations under that Act)

NEW SOUTH WALES

[Published in Gazette No. I39 of 4 October 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

TERRY GRIFFITHS

Minister for Justice.

The Fisheries (Short Description of Offences) Regulation 1985 is

amended:

(a) by omitting from clause 2 the words “or the Fisheries and Oyster Farms (General) Regulations,” and by inserting instead the words “the Fisheries and Oyster Farms (General) Regulation 1989, the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989 or the Fisheries and Oyster Farms (Oyster and Fish Farming) Regulation 1987”;

(b) by inserting at the end of clause 2 the following subclause:

(2) If a choice of words is indicated in Column 2 of Schedule 1, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

(c) by omitting Schedule 1 and by inserting instead the following Schedule:

1991—No. 526

SCHEDULE 1

(C1. 2)

Column 1	Column 2
OFFENCE	PRESCRIBED EXPRESSION

Offences under the Fisheries and Oyster

Farms Act 1935

Section 18 (5)—take or attempt to take fish in contravention of notification by	take/attempt to take fish
Minister prohibiting the taking of fish	when fishing
from waters	prohibited

Section 18 (5)—aid or assist a person to take or attempt to take fish in aid/assist in

taking/

contravention of notification by Minister	attempting to
prohibiting the taking of fish from waters	take fish when fishing prohibited

Section 18 (5)—being in a boat with a person during the commission of an in boat with

person

offence under section 18 (5) by that	committing
person	offence

Section 18 (6)—in possession of fish known to be taken in contravention of possession of

fish taken

notification by Minister prohibiting the	when fishing
taking of fish from waters	prohibited
Section 18 (7) (a)—found in or on or adjacent to waters, being in a boat	in possession of fishing gear
containing fishing gear when the taking	in boat on
of fish in those waters is prohibited	waters when
absolutely by notification by Minister	fishing prohibited

Section 18 (7) (b) (i)—found in or on or adjacent to waters, being in a boat in boat with

fishing gear

containing fishlng gear when the use of	when use of
that boat for the taking of fish in those	boat for
waters is prohibited by notification by	taking fish
Minister	prohibited

1991—No. 526

Column 1	Column 2
OFFENCE	PRESCRIBED EXPRESSION

Section 18 (7) (b) (ii)—found in or on or adjacent to waters, being in a boat	in boat with quantity/class
containing fishing gear when the use of	of fishing
that quantity or class of fishing gear for	gear
the taking of fish in those waters is	prohibited for
prohibited by notification by Minister	taking fish
Section 18 (7) (b) (iii)—found in or on or adjacent to waters, being in a boat	in boat with fishing gear
containing fishing gear when the use of	when use of
that boat with the quantity or class of	boat with
fishing gear aboard for the taking of fish	quantity/class
in those waters is prohibited by	of gear
notification by Minister	aboard prohibited for taking fish
Section 18 (7) (c)—found in or on or adjacent to waters, in possession of	in possession of fishing gear
fishing gear when the taking of fish in	in waters
those waters is prohibited	when fishing prohibited
Section 18 (7) (d)—found in or on or adjacent to any waters and in possession	in possession of quantity/class
of fishing gear when use of that quantity	of fishing
or class of fishing gear for the taking of	gear
fish in those waters is prohibited	prohibited for taking fish

Section 42 (5)—neglect or fail to furnish return in accordance with section 42 of neglect/fail to

furnish return

the Act

Section 104—being the master of a boat required by the Act to be licensed, did not have licence on board boat

not without reasonable cause have on board the boat the licence issued under the Act in respect of the boat

1991—No. 526

Column 1	Column 2
OFFENCE	PRESCRIBED EXPRESSION

Offences under the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989

Clause 71 (1)—in or on any waters, place or set any net or other fishing gear not	fail to properly identify
identified in accordance with clause 71	fishing gear
(2) or (3)

Clause 71 (1)—in or on any waters, use or lift any set net or other set fishing gear use/lift set

net/set fishing

not identified in accordance with clause	gear not
71 (2) or (3)	properly identified

Clause 72—interfere with any set net or other set fishing gear if not the owner or interfere with

set net/set

a person engaged in the administration of the Act or any instrument under the Act Offences under the Fisheries and Oyster Farms (General) Regulation 1989 fishing gear

Clause 13 (1)—not cause to be displayed on the outside of both sides of the bow not properly

mark licensed

of licensed boat or on the outside of both	boat
sides of the wheelhouse of the boat the letters “LFB” and the licence number allotted to the boat by the boat licence

Clause 13 (2)—display the letters “LFB” on a boat in any waters if the boat is not display letters

“LFB” on

licensed under section 23 or 24 of the	unlicensed
Act	fishing boat

Offences under the Fisheries and Oyster Farms (Oyster and Fish Farming) Regulation 1987

Clause 28 (1) (a)—being the lessee of an oyster farm, did not within 30 days of	fail to properly mark out area
the commencement of the lease (or such	of oyster

longer period allowed by the lease

Director-General by notice) mark out area applied for in accordance with clause 28 (2) and (3)

1991—No. 526

Column 1	Column 2
OFFENCE	PRESCRIBED EXPRESSION

Clause 28 (6)—being the lessee of an fail to keep area

oyster farm, fail to keep the leased area	of oyster
marked as required by clause 28	lease properly marked

EXPLANATORY NOTE

The object of this Regulation is to amend the Fisheries (Short Description of Offences) Regulation 1985 to further prescribe and to update short descriptions for certain offences under the Fisheries and Oyster Farms Act 1935 and the regulations under that Act.