Proclamation amending Act (2004-118) (NSW)

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2004 No 118

New South Wales

Proclamation

under the

Fisheries Management Act 1994

JAMES JACOB SPIGELMAN, Lieutenant-Governor

I, the Honourable James Jacob Spigelman, Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and on the recommendation of the Minister for Agriculture and Fisheries, and in pursuance of section 42 of the Fisheries Management Act 1994, do, by this my Proclamation, amend Schedule 1 to that Act, with effect on 26 March 2004, as set out in Schedule 1 to this Proclamation.

Signed and sealed at Sydney, this 24th day of March 2004.

By His Excellency’s Command,

IAN MICHAEL MACDONALD, M.L.C.,

Minister for Agriculture and Fisheries

GOD SAVE THE QUEEN!

Explanatory note

Schedule 1 to the Fisheries Management Act 1994 specifies share management fisheries for the purposes of that Act. The object of this Proclamation is to amend Schedule 1 to that Act so as:

(a)

to omit the descriptions of the ocean prawn trawl fishery and the ocean fish trawl fishery, and

2004 No 118
2004 No 118

Proclamation

Explanatory note

(c)

to redefine the estuary general fishery and the estuary prawn trawl fishery in relation to the use of an otter trawl net (prawns).

2004 No 118

Proclamation

Amendment of Fisheries Management Act 1994 Schedule 1
Schedule 1 Amendment of Fisheries Management Act
1994

[1]      Schedule 1 Share management fisheries

Omit the descriptions of the ocean prawn trawl fishery and the ocean fish trawl fishery (clauses 7 and 8).

[2]      Schedule 1, clauses 10–12

Omit the descriptions of the ocean trap and line fishery, the estuary general fishery and the estuary prawn trawl fishery (clauses 10–12).

Insert instead:

10 Ocean trap and line fishery
Description of fishery
(1) The ocean trap and line fishery consists of the following:
(a) the use of a fish trap to take fish from ocean waters,

(b)

the use of a line with hooks attached to take fish from ocean waters,

(c)

the use of a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from Korogoro Point (Hat Head).

(2) In this clause, ocean waters does not include the waters
within 3 nautical miles of:
(a) the high water mark on Lord Howe Island, or
(b) Balls Pyramid.

The estuary general fishery consists of:

(a)

the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and

(b)

the taking of fish from ocean beaches by the method of hand picking.

2004 No 118

Proclamation

Schedule 1 Amendment of Fisheries Management Act 1994

12      Estuary prawn trawl fishery

Description of fishery

The estuary prawn trawl fishery consists of the use of an otter trawl net (prawns) to take fish from estuarine waters.

BY AUTHORITY

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