Sunk Nets Act 1892 (NSW)

No. 15. VIC. 1892.

Sunk Nets.

No. XV.

S un k N ets .

All Act to prevent the use of certain Fishing* Nets known as 8iink Nets, and to make other jirovision snlisidiary thereto. [l6*̂

Marcli^ 1892.]

O E it enacted by tlie Queen’s Most Excellent Majesty, by and witli

tlie advice and consent of the Legislative Council and Legisla­

tive Assembly of New South IVales in Parliament assembled, and by

the authority of the same, as follows :—

Short title.	1. This Act may he cited as the “ Sunk Nets Act, 1892,” and shall he read Avith and as amending the “ Eisheries Act, 1881,” and any Act or Acts amending the same.
Interpretation,	2. In this Act the expression “ Sunk Net” means any net having a cod or purse attached and used for the purpose of catching, or capable of catching, hsh or ]n’aAvns, and so hung on the cork or upper line thereof, and weighted on the lead or lower line thereof, as to sink such cork or upper line below the surface of the water in order that the net may be hauled or drawn along, or nearly along, the bottom, and “ any Magistrate” means a Stipendiary or Police Magis­ trate or any two Justices of the Peace.
Sunk Nets prohibited,
&c.	3. If any person shall, on or after the first day of January, in the year one thousand eight hundred and ninety-tAVO, cast, draAV, haul, or shoot any Sunk Net in the AAvaters of Port Jackson, Botany Bay, or Broken Bay, or their tril)utary streams, or in any other tidal AAnters to AAdiich the Governor shall, by proclamation in the Gazette, declare the proA'isions of this section to extend, or assist or aid in casting, drawing, hauling, or shooting any such net in any such AA'aters, such person shall for the first offence be liable to a penalty not exceeding five pounds and not less than tAvo poiAuds, and for a second or any subsequent offence to a penalty not exceeding twenty and not less than five pounds, to he recovered in a summary aaov before any Magistrate, Avho may, in every case Avliere an offender is convicted under this section, order CAury Sunk Ts et, together Avitli all AAurps, ropes, and gear used in con­ nection therewith, or found in the possession of, or being used by, sucli offender, in, or on, or attached to, any boat or A'essel in Avliich such offender shall harm been Avhen such net aaus cast, draAvn, hauled, or shot from such boat or a essel, together Avitli all fish and praAvns found in such boat or Aussel, or in the possession of such offender, to he forfeited to Her Majesty : Provided that it shall he laAvfid for the GoA’eriior, hy proclamation as aforesaid, to rescind, Aury, or amend any proclamation extending the proA'isions of this Act.
Exemption in
certain cases.	4. In order to alloAV the catching of prawns in deep Avater, the GoA'ernor, on the recommendation of the Commissioners, may, notAAdthstanding anything in this Act to the contrary, exempt from its operation, by proclamation in the Govennnent Gazette, any portion or portions of any tidal water specified in tlie last preceding section hereof, or any Ai aters to Avhicli its provisions ma\’ hereafter be extended : ProAuded that the GoA-ernor may at any time rescind or A'ary any such proclamation.
Offenders may be	5. Any inspector, assistant inspector of fisheries, or any officer of police, or constable may, Avith or Avithout Avarrant, seize any Sunk Net, together Avith all gear and appliances in connection A\ith such Sunk Net, Avhich at or immediately before the time of seizure Avas
apprehended.

1892. 55° VIG. No. 16.

Customs Duties.

in process of being cast, drawn, hauled, or shot in such waters, or was found in any boat or vessel in any of the waters mentioned in the third section of this Act for the purpose of being cast, draAvn, hauled, or shot, and may also, with or Avithont AÂ arrant, apprehend and lodge AA'ith tlie gaoler or person in charge of any gaol, Avatch-house, lock-up, or police- station any person olfending against any of the provisions of this Act Avho, on demand made, shall refuse to give his true name and address; hut any Justice or any such gaoler or person in charge as aforesaid may liberate any person so lodged in custody on such person entering into a recognizance [Avith or Avithout sureties] in the sum of twenty pounds conditioned for his appearance before any Magistrate at a day and place to he therein mentioned.

G. Any person avIio shall assault, resist, or obstruct, or encourage Assaulting, &c.,

any other person to assault, resist, or obstruct any inspector, assistant

inspector, constable, officer, or other person Avhosoever in the execution t'le ir duty,

of his duty under this Act shall, on conviction before any Magistrate,

incur a penalty not exceeding fifty pounds nor less than ten pounds,

or he liable to imprisonment for any term not exceeding six calendar

months. And the adjudicating Magistrate may, in addition to sucli

penalty, order a sufficient sum to he jiaid hy the offender to coA cr any

damage or injury sustained hy the person so assaulted, resisted, or

obstructed, which sum shall he recoverable in the same manner as a

jienalty under this Act.

7. The provisions of this Act shall not apply to any curator of a museum or zoological collector, holding a permit from the Com­	ecicntifie collectors.
missioners to use Sunk Nets for the purposes of science.