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This is a Bill, not an Act. For current law, see the Acts databases.


FISHERIES MANAGEMENT AND PLANNING LEGISLATION AMENDMENT (SHARK MESHING) BILL 2008





Fisheries Management and Planning

 


 

egislation Amendment (Shark Meshing) Bill 2008 No , 2008 A Bill for An Act to amend the Fisheries Management Act 1994 and other legislation with respect to shark meshing; and for other purposes. Fisheries Management and Planning Legislation Amendment (Shark Clause 1 Meshing) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Fisheries Management and Planning Legislation 3 Amendment (Shark Meshing) Act 2008. 4 2 Commencement 5 (1) This Act commences on the date of assent to this Act, except as 6 provided by subsection (2). 7 (2) Schedule 1 [4] commences on a day to be appointed by proclamation. 8 3 Amendment of Fisheries Management Act 1994 No 38 9 The Fisheries Management Act 1994 is amended as set out in 10 Schedule 1. 11 4 Amendment of planning legislation 12 The Environmental Planning and Assessment Act 1979 and the 13 Environmental Planning and Assessment Regulation 2000 are amended 14 as set out in Schedule 2. 15 5 Repeal of Act 16 (1) This Act is repealed on the day following the day on which all of the 17 provisions of this Act have commenced. 18 (2) The repeal of this Act does not, because of the operation of section 30 19 of the Interpretation Act 1987, affect any amendment made by this Act. 20 Page 2 Fisheries Management and Planning Legislation Amendment (Shark Meshing) Bill 2008 Amendment of Fisheries Management Act 1994 Schedule 1 Schedule 1 Amendment of Fisheries Management 1 Act 1994 2 (Section 3) 3 [1] Section 4 Definitions 4 Insert "a Government Department," after "includes" in the definition of public 5 authority in section 4 (1). 6 [2] Section 220ZFB 7 Insert after section 220ZFA: 8 220ZFB Defences relating to joint management agreements 9 It is a defence to a prosecution for an offence against: 10 (a) this Division or the regulations under this Division, or 11 (b) Part 2 or 7 or the regulations under those Parts, 12 if the accused proves that the act or omission constituting the 13 alleged offence was authorised by, and done in accordance with, 14 a joint management agreement. 15 [3] Section 221W Contents of joint management agreements 16 Insert after section 221W (2): 17 (3) A joint management agreement under this Act and a joint 18 management agreement within the meaning of the Threatened 19 Species Conservation Act 1995 may be combined into a single 20 document if both agreements deal with the same subject-matter. 21 [4] Schedule 1A Designated fishing activities 22 Omit clause 5. 23 [5] Schedule 7 Savings, transitional and other provisions 24 Insert at the end of clause 2 (1): 25 Fisheries Management and Planning Legislation Amendment 26 (Shark Meshing) Act 2008 27 Page 3 Fisheries Management and Planning Legislation Amendment (Shark Meshing) Bill 2008 Schedule 2 Amendment of planning legislation Schedule 2 Amendment of planning legislation 1 (Section 4) 2 2.1 Environmental Planning and Assessment Act 1979 No 203 3 [1] Section 115G Definitions 4 Insert in alphabetical order: 5 shark meshing means the placing of nets around beaches or other 6 waters to protect the public from sharks. 7 [2] Section 115I Application of Division to designated fishing activities 8 Omit section 115I (2) (b). Insert instead: 9 (b) shark meshing, 10 [3] Section 115RA 11 Insert after section 115R: 12 115RA Shark meshing 13 (1) Despite section 115I, this section applies to shark meshing that: 14 (a) is the subject of both a joint management agreement under 15 Division 8 of Part 7A of the Fisheries Management Act 16 1994 and a joint management agreement within the 17 meaning of the Threatened Species Conservation Act 18 1995, and 19 (b) is not a designated fishing activity. 20 (2) The provisions of this Part (other than this section) do not apply 21 to or in respect of shark meshing to which this section applies. 22 (3) Shark meshing to which this section applies cannot be declared 23 to be a project to which Part 3A applies. 24 (4) Shark meshing to which this section applies cannot be made 25 subject to a requirement for development consent under Part 4. 26 (5) An environmental planning instrument cannot prohibit or 27 otherwise regulate shark meshing to which this section applies. 28 [4] Schedule 6 Savings, transitional and other provisions 29 Insert at the end of clause 1 (1): 30 Fisheries Management and Planning Legislation Amendment 31 (Shark Meshing) Act 2008 32 Page 4 Fisheries Management and Planning Legislation Amendment (Shark Meshing) Bill 2008 Amendment of planning legislation Schedule 2 2.2 Environmental Planning and Assessment Regulation 2000 1 Clause 244B 2 Omit the clause. Insert instead: 3 244B Fishing activities and shark meshing 4 (1) For the purposes of the definition of activity in section 110 (1) of 5 the Act, a fishing activity carried out at any time before 1 April 6 2009 pursuant to a fisheries approval issued or renewed for a 7 period of not more than 12 months is prescribed not to be such an 8 activity. 9 (2) For the purposes of the definition of activity in section 110 (1) of 10 the Act, shark meshing carried out at any time before 1 April 11 2009 is prescribed not to be such an activity. 12 (3) This clause does not apply to or in respect of aquaculture, within 13 the meaning of the Fisheries Management Act 1994. 14 Page 5

 


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