New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 69

69 Nomination of commercial fisher by holder of shares

(1) The holder of shares in a share management fishery may nominate a commercial fisher to take fish in the fishery on behalf of that holder.

(2) After the commencement of the management plan for the fishery, the holder may not do so unless the holder has at least the minimum shareholding in the fishery required under this Division.

(3) The nomination is to be made in a form and manner approved by the Director-General.

(4) The holder may nominate 2 or more commercial fishers in respect of the same shareholding if authorised to do so under the management plan for the fishery.

(5) The holder may nominate a commercial fisher who is a shareholder in the same fishery. In that case, the shares of the nominated fisher do not, while the fisher is so nominated and unless the management plan for the fishery otherwise provides, confer any entitlement to take fish in the fishery.

(6) However, the holder (the "nominating shareholder") may not:

(a) nominate a commercial fisher who is nominated by another shareholder in the same fishery, unless authorised to do so by the management plan for the fishery, or

(b) nominate a commercial fisher who is nominated by another shareholder in another fishery, unless authorised to do so by the management plan for each fishery in which the commercial fisher will be authorised to take fish as a consequence of the nominations.

(7) The management plan for a fishery may make further provision for nominations under this section, and for the revocation of nominations, including by requiring a shareholder to keep a record of a nomination or revocation of a nomination.

(8) The Director-General is to record any nomination under this section, and any revocation of the nomination, in the Share Register.

(9) Until the commencement of the management plan for a fishery, the Minister may determine the matters that, under this section, may be provided for by the plan.