New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
- Made under the Fisheries Management Act 1994
- As at 1 July 2002
- Reg 11 of 1995
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
4. The management plan for a fishery prevails over this Regulation
PART 2 - PROTECTED FISH, PROHIBITED SIZE FISH AND BAG LIMITS
Division 1 - Protected fish
5. Protected fish
6. Fish protected from commercial fishing
6A. Defence-striped marlin
Division 2 - Prohibited size fish
7. Prohibited size fish
8. Defence-taking of mullet for bait
Division 3 - Bag limits
9. Bag limits-taking of fish
10. Bag limits-possession of fish
10A. General bag limit
11. Application of bag limits and possession limits to commercial fishers
12. Possession limits do not apply to persons in possession of fish for sale
Table. Bag limits
Note
Division 4 - Special provisions relating to scallops
13. Definitions
14. Scallops taken by means of a dredge must be placed in approved sack or crate
15. Bag limits-scallops taken by means of a dredge
PART 3 - FISHING GEAR
Division 1 - Lawful use of fishing gear generally
Note
16. Fishing gear cannot be used in circumstances where fishing prohibited
17. Lawful use of fishing gear in restricted fisheries
18. Use of nets and traps prohibited in certain waters (Brisbane Waters, Port Hacking etc)
Division 2 - Registration
19. Registration of fishing gear
20. Applications for registration
21. Registration
Division 3 - Lawful commercial nets
22. Application of Division
23. Hauling net (general purpose)
24. Trumpeter whiting net (hauling)
25. Garfish net (bullringing)
26. Garfish net (hauling)
27. Pilchard, anchovy and bait net (hauling)
28. Purse seine net
29. Prawn net (hauling)
30. Prawn net (hauling): Manning River
30A. Prawn net (hauling): Wallis Lake
31. Prawn net (set pocket)
32. Prawn running net
33. Seine net (prawns)
34. Otter trawl net (prawns)
35. Otter trawl net (fish)
36. Danish seine trawl net (fish)
37. Meshing net
37A. Beach safety meshing net
38. Flathead net
39. Bait net
40. Lampara net
41-43. (Repealed)
44. Submersible lift net (bait)
Division 4 - Lawful recreational nets
45. Application of Division
46. Spanner crab net
47. Hoop or lift net
48. Hand-hauled prawn net
49. Push or scissors net (prawns)
50. Dip or scoop net (prawns)
51. Hand-hauled yabby net
52. Landing net
Division 5 - General provisions relating to lawful use of nets
53. Relaying of hauling lines prohibited
54. Joining of nets
55. Illegally reducing mesh size of nets
56. Monofilament and certain multi-strand nets prohibited
57. Method of dragging or drawing nets
Division 6 - Lawful traps
Note
58. Fish trap
59. Lobster trap
60. Crab trap
61. Bait trap
62. Yabby trap
63. Shrimp trap
64. Eel trap
Division 7 - Miscellaneous
65. Set lines and hand held lines
66. Leaving hand held line unattended
67. Drift lines
68. Identification of set fishing gear
69. Scuba diving
70. Spear guns
71. Firearms
72. Taking of rock lobster
73. Taking of yabby, worms, pipis etc
74. Taking of shellfish by means of a dredge or similar device
75. Jagging or foul hooking of fish
76. Taking of Atlantic salmon or trout
77. Taking of groper
78. Restrictions on the sale of commercial nets
PART 4 - PRIORITIES IN THE USE OF FISHING GEAR
Division 1 - Offences
79. Offence of fishing contrary to rights of priority
80. Commercial fishers must use fishing gear in accordance with this Part
Division 2 - Rights of priority between commercial and recreational fishers on recognised fishing grounds
81. Rights of priority between fishers on recognised fishing grounds
Division 3 - Rights of priority between commercial fishers in the use of nets generally
82. Priority between commercial fishers using nets in inland waters
83. Priority between commercial fishers using nets in waters other than inland waters
83A. Minimum crew number for hauling to sea beaches
84. Division does not apply where rights of priority otherwise determined
Division 4 - Rights of priority between commercial fishers using prawn nets (set pocket)
85. General
86. Preliminary determination by local fisheries officer
87. Fishers to give notice of intention to use prawn nets
88. Special provisions relating to Myall River
89. Notice of priority determination
90. Local fisheries officer to make priority determination
91. Manner of determining rights of priority-Myall River
92. Manner of determining rights of priority-Clarence River
93. Manner of determining rights of priority-other waters
94. Manner of making priority determination-general
95. Notice of result of priority determination
96. General conditions of use of prawn net following priority determination
97. Prawn nets to be operated only by commercial fisher or crew
Division 5 - Rights of priority between fishers using prawn running nets
98. General
99. Preliminary determination by local fisheries officer
100. Priority between fishers using prawn running nets
101. General conditions relating to use of prawn running net following priority determination
Division 6 - (Repealed)
Division 7 - Miscellaneous
103. This Part does not affect the conditions relating to lawful use of a net (Part 3)
104. Exemption from requirement to be personally present
PART 5 - MISCELLANEOUS PROVISIONS RELATING TO FISHERIES MANAGEMENT
Division 1 - Recognised fishing grounds
105. Identification of recognised fishing grounds
Division 2 - Interference with fishing activities and set fishing gear
106. Interference with fishing activities
107. Interference with set fishing gear
108. Lawful interference with set fishing gear
109. Wilfully disturbing fish
110. Interference with commercial fisher using line
Division 3 - Use of explosives, electrical devices and other dangerous substances
111. Dynamite and explosive substances
112. Permit to use explosives
113. Use of electrical devices prohibited in all waters
114. Permit to use electrical devices
Division 4 - Measurement of fishing gear
115. Measuring length and mesh size of nets
Division 5 - (Repealed)
Division 5A - Tagging of eastern rock lobsters taken for sale
119A-119E. (Repealed)
119F. Eastern rock lobster must be sold with tag attached
119G-119I. (Repealed)
Division 5B - Recreational fishing fee
119J. Definition
119K. Exempt bodies of water
119L. Exempt fishers
119M. Reductions in fishing fee for fishing in far north
119N. Issue of replacement receipts
119O. Additional classes of persons to whom fishing fee exemption certificates may be issued
119P. Fishing fee exemption certificates: period for which in force
119Q. Fishing fee exemption certificates: fees
119R. Amendment and cancellation of exemption certificates
Division 5C - Acquisition of commercial fishing entitlements
119S. Constitution of compensation review panel
Division 6 - Miscellaneous
120. Prohibited lures and baits
121. Taking of octopus from rock platforms
122. Shucking of intertidal invertebrates
123. Shucking of abalone
124. Mutilation of fish
125. Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova
126. Sorting charge for fish
PART 6 - COMMERCIAL SHARE MANAGEMENT FISHERIES
Division 1 - General
127. Persons prohibited from holding shares (section 49 (2) of the Act)
128. Determination of catch history
129. Commencement of limited access to fishery-restricted fisheries
130. Limited access fishery-endorsement of licence
130A. (Repealed)
130B. Nomination of commercial fisher by shareholder
131. Special endorsements to take fish in share management fishery
132. Transfers and other dealings in shares-general
132A. Transfers and other dealings in shares-lobster share management fishery
132B. Maximum shareholding in lobster share management fishery not to be exceeded
133. Forfeiture of shares for failure to pay certain contributions
134. Making of appeals to Share Appeal Panel (section 84 of the Act)
134A. Fee for registration of dealings in shares
134B. Fee for inspection of Share Register and registered documents
Division 2 - Lobster fishery-limited access stage
134C. Application of Division
134D. Definitions
134E. Total allowable catch
134F. Quotas for eastern rock lobster
134G. Transfer of quota
134H. Transfer of tags in connection with quota transfer
Division 3 - Abalone share management fishery-limited access stage
134I. Application of Division
134J. Definitions
134K. Endorsement fee
134L. Quotas for abalone
134M. Transfer of quota
134N. Special licence conditions for shareholders who nominate fishers
PART 7 - LICENSING AND OTHER COMMERCIAL FISHERIES MANAGEMENT
Division 1 - Commercial fishing licences
135. Who may hold commercial fishing licence
136. Fee to accompany application for commercial fishing licence
137. Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant
138. Prescribed conditions of commercial fishing licence
139. Renewal of commercial fishing licence
140. Grounds for suspension or cancellation of a licence
141. Classes of commercial fishing licences
142. Annual contribution to cost of research and to other industry costs
Division 2 - Boat licences
143. Fee to accompany application for issue of fishing boat licence
144. Grounds for refusal to issue fishing boat licence
145. Prescribed conditions of fishing boat licences
146. Renewal of fishing boat licence
147. Additional licence fee for boats authorised to prawn trawl in ocean prawn trawl restricted fishery
148. Grounds for suspension or cancellation of a fishing boat licence
149. Licence may be placed in abeyance during period boat cannot be used
150. Transfer of right to a fishing boat licence
151. Boats taken to be licensed under the Act
152. Only licensed boats may be marked “LFB”
Division 3 - Provisions relating to crew members
153. Fee to accompany application for registration
154. Eligibility for registration as a crew member
155. Period of registration
156. Application for authority to use unregistered crew members
157. Records to be kept about crew members
158. Records to be kept by registered crew members
159. False and misleading information in records
PART 8 - RESTRICTED FISHERIES
Division 1A - (Repealed)
Division 1 - Sea urchin and turban shell
160. Definitions
161. Sea urchin and turban shell are a restricted fishery
162. Types of endorsement in restricted fishery
163. Eligibility for endorsements
164. Public tender for issue of further endorsements
165. Nominated fishers
166. Endorsement of commercial fishing licences
167. Endorsement of licence for further period
168. Endorsement fee
169. Suspension and cancellation of endorsements
170. Total allowable catch
171. Quotas for sea urchin and turban shell
172. Transfer of quota
173. Special licence conditions for licence holders who nominate fishers
173A. Savings and transitional
Division 2 - Ocean prawn trawl restricted fishery
174. Definitions
175. Ocean prawn trawl fishery is a restricted fishery
176. Description of ocean prawn trawl fishery
177. Types of endorsement in restricted fishery
178. Eligibility for endorsement
179. Application for endorsement
180. Duration of endorsement
181. Application for endorsement for further period
182. Cancellation and suspension of endorsements
Division 2A - Ocean fish trawl restricted fishery
183. Definitions
184. Ocean fish trawl fishery is a restricted fishery
185. Description of ocean fish trawl fishery
186. Types of endorsement in restricted fishery
187. Eligibility for endorsement
188. Application for endorsement
189. Duration of endorsement
190. Application for endorsement for further period
191. Cancellation and suspension of endorsements
Division 2B - Ocean trap and line restricted fishery
191A. Definitions
191B. Ocean trap and line fishery is a restricted fishery
191C. Description of ocean trap and line fishery
191D. Types of endorsement in restricted fishery
191E. Eligibility for endorsement
191F. Application for endorsement
191G. Duration of endorsement
191H. Application for endorsement for further period
191I. Cancellation and suspension of endorsements
Division 2C - Estuary general restricted fishery
191J. Definitions
191K. Estuary general fishery is a restricted fishery
191L. Description of estuary general fishery
191M. Types of endorsement in restricted fishery
191N. Eligibility for endorsement
191O. Application for endorsement
191P. Duration of endorsement
191Q. Application for endorsement for further period
191R. Cancellation and suspension of endorsements
Division 2D - Estuary prawn trawl restricted fishery
191S. Definitions
191T. Estuary prawn trawl fishery is a restricted fishery
191U. Description of estuary prawn trawl fishery
191V. Eligibility for endorsement
191W. Application for endorsement
191X. Duration of endorsement
191Y. Application for endorsement for further period
191Z. Cancellation and suspension of endorsements
Division 3 - Scallops in Jervis Bay
192. Definitions
193. Scallops in Jervis Bay are a restricted fishery
194. Application of Division
195. Maximum number of commercial fishing licences that may be endorsed
196. Ballot for issue of new endorsements
197. Fee for new endorsements
198. (Repealed)
199. Duration of endorsement
200. Cancellation and suspension of endorsements
Division 3A - Inland restricted fishery
200A. Definitions
200B. Inland fishery is a restricted fishery
200C. Types of endorsement in restricted fishery
200D. Eligibility for endorsement
200E. Ballot or tender for issue of further endorsements
200EA. Class D endorsement-special grounds for eligibility
200F. General restrictions on eligibility
200G. Applications for endorsement
200H. Endorsement of licence for further period
200I. Endorsement fees
200J. Duration of endorsement
200K. Cancellation and suspension of endorsements
200L. Transfer of class A and class B endorsements
200M. Transfer fee
200N. Class A, B, C and D endorsement holders must not take or possess native finfish
200O. Transitional arrangements
Division 4 - Jellyfish
201. Definitions
202. Jellyfish are a restricted fishery
203. Application of Division
204. Maximum number of commercial fishing licences that may be endorsed
205. Total allowable catch for jellyfish
206. Endorsing of licences
207. Grounds for refusal to endorse licence
208. Fee for endorsements
209. Duration of endorsement
210. Cancellation and suspension of endorsements
211. Application for endorsement of licence for a further period
212. Quota for jellyfish
Division 4A - Ocean hauling fishery
212A. Definitions
212B. Ocean hauling fishery is a restricted fishery
212C. Description of ocean hauling fishery
212D. Types of endorsement in restricted fishery
212E. Application for endorsement
212F. Eligibility for an endorsement
212G. Duration of endorsement
212H. Type of hauling net that may be used (class A endorsement)
212I. Region in which hauling nets may be used (class A endorsement)
212J. Class B endorsement holder may only assist class A endorsement holder
212K. Identity card
212L. Code of conduct
212M. (Repealed)
212N. Holder of class A, C or D endorsement unable to take fish
212O. Application for endorsement of licence for further period
212P. Cancellation and suspension of endorsements
Division 4B - Special classes of endorsement
212Q. Definitions
212R. Skipper’s endorsement
212S. Conditional skipper’s endorsement
212T. Training endorsement
212U. Application for special endorsement
212V. Duration of special endorsement
212W. Cancellation and suspension of special endorsements
Division 4C - Entitlements of fishing business owners
Note
212X. Eligibility for an endorsement (owners of fishing businesses)
212Y. Effect of sale or disposal of fishing business on eligibility
Division 5 - Miscellaneous
213. Manner of attaching conditions to endorsements
213A. Cancellation of endorsement with consent of licence holder
213B. Endorsements do not authorise unlawful use of fishing gear
214. Revocation of existing orders
Division 6 - Review of eligibility and catch history determinations-transitional
214A. Application for review of determination by person affected by determination
214B. Conduct of review
214C. Grounds for review
214D. Action by Minister following review
214E. Transitional
PART 9 - FISH RECEIVERS AND FISH RECORDS
Division 1 - Fish receivers
215. Commencement
216. Definition
217. Registration not required in certain cases
218. Registration requirements do not apply in respect of certain fish
218A. Classes of registered fish receiver
218B. Fee to accompany application for registration as fish receiver
219. Grounds for refusing application for registration
220. Renewal of registration
221. Cancellation or suspension of registration
221A. Fish consignments by registered fish receivers to be labelled
Division 2 - Fish records
222. Form of record to be kept by commercial fisher-transitional
223. Prescribed period for furnishing catch records to Director
224. Records of sale and possession of fish-prescribed quantity
225. Information to be included in records of sale and possession of fish
225A. Records and monthly reports by registered fish receivers
Division 3 - Transitional
226. Transitional
PART 9A - CHARTER FISHING MANAGEMENT
Division 1 - Preliminary
226A. Object
226B. Definitions
226C. Guided recreational charter fishing-meaning
226D. Marine and estuarine charter fishing sector-meaning
Division 2 - Licences
226E. What boats must be licensed?
226F. Annual licence fee
226G. Classes of licence
226H. Eligibility criteria-transferable licence
226I. Eligibility criteria-non-transferable licence
226J. Entitlement to claim a history of operations
226K. Eligibility-time limit on applications
226L. Transfer of entitlement to history of operations
226LA. Boat replacement
226M. Issue of licence
226N. Renewal of licence
226O. Cancellation or suspension of licence
226P. Conditions of licence-authorised activities
226Q. Other conditions of licences
226R. Records of catch
Division 3 - Review panel
Note
226S. Application for review of refusal to issue a licence
226T. Application for review by third party
226U. Establishment of panel to review decision
226V. Conduct of review
226W. Procedure to be followed by panel
226X. Action by Minister following review
226Y. Interim licence
Division 4 - Advisory Committee
226Z. Advisory Committee
226ZA. Functions of Advisory Committee
226ZB. Deputies of members
226ZC. Terms of office
226ZD. Allowance for members
226ZE. Vacancy in office of member
226ZF. Filling of vacancy in office of member
226ZG. General procedure for calling and holding meetings
226ZH. Quorum
226ZI. Decisions
Division 5 - Election of industry members of Advisory Committee
226ZJ. Regions for which members are to be elected
226ZK. Qualifications for election
226ZL. General restrictions on election
226ZM. Voting entitlements
226ZN. Election procedure
226ZO. Continuity of membership of Committee-transitional
Division 6 - Miscellaneous
226ZP. Exemption for Lord Howe Island residents
226ZQ. False or misleading information
Table-Fish species
PART 10 - PROTECTION OF AQUATIC HABITATS
227. Application for permit under Part 7
227A. Protection of prescribed marine vegetation (section 204 (c) of the Act)
228. Fee for permit to harm marine vegetation (section 205 of the Act)
229. Noxious fish and vegetation (section 209 of the Act)
PART 11 - ADMINISTRATION
Division 1 - The Director
229A. Seal of the Director
Division 1AA - Fisheries Resource Conservation and Assessment Council
229AA. Definitions
229AB. Government representatives
229AC. Other representatives
229AD. Members and procedure of Council
Division 1A - Establishment, composition and functions of ministerial advisory councils
229B. Definitions
229C. Establishment of advisory councils
229D. Advisory Council on Commercial Fishing
229E. Advisory Council on Recreational Fishing
229F. (Repealed)
229G. Advisory Council on Fisheries Conservation
229GA. Advisory Council on Aquaculture
229H. Appointment of nominees
229I. Continuation of certain appointments-transitional
Division 1B - Provisions relating to members and procedure of advisory councils
229J. Definitions
229K. Terms of office
229L. Allowances for members
229M. Deputies
229N. Vacancy in office of member
229O. Removal of member from office by Minister
229P. Filling of vacancy in office of member
229Q. Chairperson
229R. General procedure for calling and holding meetings of advisory council
229S. Quorum
229T. Voting
229U. Disclosure of pecuniary interests
229V. Functions of members
Division 2 - Composition of Management Advisory Committees and qualifications for election
230. Definitions
231. Composition of MAC
232. Qualifications for election to a MAC
233. General restrictions on election to a MAC
234. Qualifications to vote
235. Qualifications of owners of fishing businesses that operate in restricted fisheries
Division 3 - Procedure for election of industry members of Management Advisory Committees
236. Definitions
237. Notice that election is required
238. Notification of election
239. Postponement of closing dates
240. Nomination of candidates
241. Withdrawal of nomination
242. Exhibition of roll
243. Application for enrolment by person not already enrolled
244. Uncontested election-share management fishery
245. Uncontested elections-restricted fisheries
246. Up-dating of roll
247. Printing of ballot-papers
248. Distribution of ballot-papers
249. Duplicate ballot-papers
250. Recording of votes
251. Receipt of ballot-papers
252. Ascertaining result of ballot
253. Scrutineers
254. Scrutiny of votes
255. Counting of votes
256. Notification of result of election
257. Decisions of returning officer final
258. Offence
259. Death of a candidate
Division 4 - Provisions relating to members and procedure of Management Advisory Committees
260. Definitions
261. Non-elected members
261A. Non-elected members-inland restricted fishery
262. Deputies of members
263. Terms of office
264. Continuation of membership of MAC
265. Allowances for members
266. Vacancy in office of a member
267. Filling of vacancy in office of member
267A. General procedure for calling and holding meetings of a MAC
267B. Quorum
267C. Voting
Division 5 - Transitional
267D. (Repealed)
PART 12 - ENFORCEMENT
Division 1 - Fisheries officers
268. Class of persons that may be appointed as fisheries officers
Division 2 - Seizure
269. Forfeiture offences
Division 3 - Criminal proceedings
270. Penalty notices
270A. Short description of offences
270B. Transitional provision
271. Evidence in relation to fishing authorities
Division 4 - Miscellaneous
271A. Payment by instalments
PART 13 - SAVINGS AND TRANSITIONAL
272. Provisions relating to repeal and amendment of regulations under 1935 Act
273. Offences under 1935 Act
274. Restricted fisheries-duration of existing endorsements
275. Minimum shareholding for new entrants to lobster share management fishery
276. Provision consequent on enactment of Fisheries Management and Environmental Assessment Legislation Amendment Act 2000
277. Inland commercial fishery nomination to Advisory Council on Commercial Fishing
278. Central region estuary general MAC representatives
279. Provisions relating to closure of Botany Bay estuary prawn trawl restricted fishery
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5