New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 37

37 Defence-special permits for research or other authorised purposes

(1) The Minister may issue to any person a permit which authorises the person to take and possess fish or marine vegetation of any kind or of a specified kind for any or all of the following purposes:

(a) research purposes,

(b) aquaculture purposes,

(c) aquarium collection purposes,

(c1) Aboriginal cultural fishing purposes,

(d) any purpose prescribed by the regulations,

(e) any other purpose approved by the Minister that is consistent with the objects of this Act.

(2) A permit may authorise the holder to take fish or marine vegetation by any method or by any specified method, from any waters or any specified waters or in any other specified way, despite any provision of or made under this Act to the contrary.

(2A) A permit may authorise a specified person or a specified class of persons, in addition to the permit holder, to take and possess fish or marine vegetation as authorised by the permit.

(3) It is a defence to a prosecution for an offence against this Act or the regulations if the person charged satisfies the court that the act or omission of the person constituting the offence was authorised by a permit under this section.

(3A) An application for a permit under this section is to be in a form approved by the Minister.

(4) A permit under this section:

(a) is subject to such conditions as are prescribed by the regulations or specified in the permit, and

(b) remains in force for the period of 1 year or such other period as is specified in the permit, and

(c) may be cancelled or suspended by the Minister at any time by notice given to the permit holder.

(5) The Minister may from time to time, by notice given to the permit holder, vary the conditions of a permit under this section.

(6) The regulations may make provision for or with respect to permits under this section.

(7) The power to issue permits under this section is limited by section 220ZW (Licence to harm threatened species etc).

(8) The Minister is not to issue a permit to a person for Aboriginal cultural fishing purposes if to authorise the fishing activities and practices concerned would be inconsistent with native title rights and interests under an approved determination of native title (within the meaning of the Native Title Act 1993 of the Commonwealth) or with the terms of an indigenous land use agreement (within the meaning of that Act).