New South Wales Consolidated Acts

FISHERIES ACT 1935 - SECT 44

44 Registration of acclimatisation societies

(1) Any society consisting of not less than ten members (in this Part referred to as an acclimatisation society) the objects of which as set out in the rules are wholly or mainly the distribution or protection of salmon or trout, may, subject to any regulations made under this Part, apply to the Governor for registration by depositing in the office of the Minister a copy of its rules signed by the chairperson of the society and countersigned by three of the members thereof, together with a statement showing the number of members of the society and indicating the area in respect of which the society desires to be registered.
Such area may comprise the whole of or any part of an acclimatisation district.
The rules shall provide for the nomination of a person who may be served with notices to the society and the person’s address, and for the communication to the Minister of any change of such person or the person’s address.

(2) If the Governor is satisfied that the rules deposited are not repugnant to this Act or to any regulation made thereunder, and that the society is qualified to apply for registration under this section, the Governor may by writing under the Governor’s hand grant the application for registration either without amendment or with such amendment of the area indicated therein as to the Governor seems fit.

(3) As soon as is practicable after the grant of registration, a notification of the registration shall, together with the name or description of the area in respect of which the registration was granted, be published in the Gazette, and the date of such publication shall be deemed to be the date of registration.

(4) No amendment of the rules of an acclimatisation society shall have any force or effect, unless application for the registration of the amendment has been made and granted in like manner.

(5) Upon registration under this section an acclimatisation society shall become a body corporate by the name or title stated in the rules, and shall have perpetual succession and a common seal, and in its corporate name may hold and dispose of real and personal property, and may sue and be sued, and may recover any moneys due to the body corporate, whether by a member thereof or not.

(6) Not more than one acclimatisation society shall be registered in respect of the same area.

(7)

(a) The Governor may at any time, upon application by any acclimatisation society, by notification in the Gazette, increase, reduce or alter in any way the area in respect of which such society is registered.

(b) The Governor may in like manner, notwithstanding that no such application may have been made, reduce or alter the area in respect of which any acclimatisation society is registered, after having given such notice to such society as may be prescribed by the regulations.

(c) Every such notification shall define the area as increased, reduced or altered in pursuance of this subsection, and the area as so increased, reduced or altered shall be deemed to be the area in respect of which the society is registered.