Net-fishing (Port Hacking) Act 1901 (NSW)

Act No. 18, 1901.

An Act to connolidatc the Acts relatin 2; to the

prohibition of Net-hshing in Port Hacking.	—
\4ith October, 1901.]

it enacted by tlie Kind’s Most Excellent Majesty, by and wiili Assembly of New Soutb "VVab's in Parliament assembled, and by the authority of the same, as follows:—	)	tbc advice and consent of the Legislative Council and Legislative
1. This Act mav be cited as tbc “ Xet-fisbing (Port Hacking) titi>-.

Act, 1901.” '' "

2.  (1) Tbc Acts mentioned in tbc Sebcdule arc bereby repealed. Rop«ii. (2) Every notification and all regulations math' or published Saving.

under the Acts hereby rt'pcalcd, and being in force at the time of the passing of this Act, shall be deemed to have been made or published hereunder.

3. Notwithstanding anything contained in anv Act relating to Proiiimtion of nu-

fisheries, or any license granted or nroclamation issued under any such

Act, no person shall cast or set any net, of any kind whatsoever, in any	‘ -	•
place westward of a straight line drawn from the north to tbc soutli head of tbc inlet in the county of Cumberland known as Port lEacking, for the purpose of catching or adapted to catch or capable of catching fish, and whether within the waters of the said inlet subject to or beyond the influence of the tide.

Any person rvho casts or sets any net contrary to the provisions ronaity.

of this Act shall be liable to a penalty not exceeding ten pounds for the first offence, and to a penalty not less than five pounds nor more

than

170   Act No. 18, 1001,

Nct-fishing {Fort Sacking).

than twenty pounds for the second or any suhsequent offenee, and every such net and all lines, leads, cork, and gear connected therewith shall upon any such conviction he forfeited to Ilis Majesty.

Governor may

declare portion of 4. Notwithstanding the provisions of the preceding section, the

Port Hacking open	Governor may, upon the recommendation of the trustees of the
to net-fishing.	National Park, declare hy notification in the Gazette that any portion
58 Vic. No. 8, 8. 1.	of Port Hacking to the eastward of the part commonly termed the “ Spit ” is open to net-fishing, and such portion shall thereupon ho open to net-fishing, subject to any regulations made under this Act, and to any Act relating to Pisheries. The Governor may at any time revoke any such notification.
Penalty for taking

net into prohibited 5. Any person who takes a fishing net to, or is in a boat

waters.

containing a fishing net in, any part of Port Hacking to the westward

Ibid. 8. 2.

of the said Spit, or in Burranear Bay, shall he liable to a penalty of not

less than five pounds nor more than ten pounds.

Regulations.

6. The Governor may, upon the recommendation of the trustees of the National Park, make regulations for carrying out the provisions of this Act, and hy such regulations may impose penalties not exceeding ten pounds nor less than ten shillings for the breach of any such regulation, and such regulations, upon being published in the Gazette, shall have the force of law.

Ibid, 8. 3.

penalties.

Recovery of

7 . All penalties under this Act, or any regulations made here­ under, may he recovered before a stipendiary or police magistrate, or any two justices of the peace, upon the information of any officer of the Commissioners of Pisheries, or of the trustees of the National Park, or of any servant of the said trustees by them authorised by writing in that behalf, or of any constable, or of any person specially appointed by the Governor to enforce the observance of this Act and regulations.

Ibid. s. 4.

Lino-fishing. 8 . Nothing in this Act shall be construed to prevent any person

50 Vic. No. 6, s. 2.

from fishing within the tidal waters of Port Hacking with a hand-line

or rod and line.

SCHEDULE.

Year and No. of Act. Title of Act. Extent of repeal.

50 Vic. No. G	...	Net-fishing in Port Hacking Prohibition Act of 188G The whole.
58 Vic. JNo. 8	...	JNet-tishing in Port Hacking Prohibition Act Amend- The whole.

inent Act of 189d.

Act