New South Wales Repealed Regulations

This legislation has been repealed.

FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 1995

- Made under the Fisheries Management Act 1994
- As at 1 July 2002
- Reg 12 of 1995

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - AQUACULTURE PERMITS

           Division 1 - Classification of permits

   4.      Kinds of aquaculture permits that can be issued

           Division 2 - Applications for, and issue of, permits

   5.      Fee payable when applying for an aquaculture permit
   6.      Additional grounds for refusing an aquaculture permit

           Division 2A - Contributions by permit holders to pay for costs of administration

   6A.     Aquaculture permit holders liable to pay contributions towards cost of administration
   6B.     Costs of administration that are directly attributable to industry
   6C.     Exemptions
   6D.     Minister may waive payment of contribution

           Division 3 - Contributions by permit holders to pay for research

   7.      Aquaculture permit holders liable to pay contributions for research
   8.      Research trust accounts to be established for the purposes of this Division
   9.      Where research trust account money is to be kept and how the account is to be operated
   10.     Money held in research trust account to be invested
   11.     Purposes for which money held in research trust account can be used
   12.     Committees in respect of research trust account

           Division 4 - (Repealed)

   PART 2A - (Repealed)

   PART 3 - SECURITY ARRANGEMENTS FOR AQUACULTURE PERMIT HOLDERS

           Division 1 - Preliminary

   13.     “Payment obligation” defined

           Division 2 - Security to be provided by class A and class B permit holders

   14.     Persons to whom this Division applies
   15.     Class A and B permit holders to enter into financial arrangement to provide security
   16.     When secured amounts are liable to be forfeited
   17.     What happens to an arrangement when a person stops being a permit holder

           Division 3 - Financial arrangements by way of contributions taken to be entered into by certain class A permit holders

   18.     Persons to whom this Division applies
   19.     Contributions to be made by certain class A permit holders
   20.     Minister may suspend requirement to make contributions
   21.     Minister to enforce permit holder’s obligations
   22.     Trust account to be established for the purposes of this Division
   23.     Purposes for which money held in trust account can be used
   24.     Where trust account money is to be kept and how the account is to be operated
   25.     Money held in trust account may be invested

   PART 4 - AQUACULTURE LEASES

           Division 1 - Classification of leases

   26.     Classes of aquaculture leases

           Division 2 - Applications for, and granting and renewing, aquaculture leases

   27.     Procedure for applying for an aquaculture lease
   28.     Applicant’s obligations to mark area applied for
   29.     Offer of aquaculture lease by auction, public tender or ballot
   30.     Offer of aquaculture lease by auction
   31.     Offer of aquaculture lease for public tender
   32.     Offer of aquaculture lease by ballot
   33.     Minister’s obligations when granting an aquaculture lease
   34.     Application for renewal of an aquaculture lease
   35.     Process for renewing an aquaculture lease

           Division 3 - Rent for aquaculture leases

   36.     Minimum rent for leased area
   37.     How rent for an aquaculture lease is to be calculated
   38.     When rent payable
   39.     Rent for leased area less than 1 hectare

           Division 4 - Subletting, transferring and transmission of aquaculture leases

   40.     Fee payable for Minister’s consent to subletting of leased area
   41.     Procedure for getting Minister’s consent to transfer of aquaculture lease
   42.     Transmission of aquaculture lease on lessee’s death

           Division 5 - Surrender, consolidation and subdivision of aquaculture leases

   43.     Aquaculture lease may be surrendered
   44.     Aquaculture leases may be consolidated
   44A.    Aquaculture leases may be subdivided

           Division 6 - Aquaculture lease plans and documents

   45.     Certified copy of lease or plan
   46.     Minister’s duties with respect to endorsing lease documents
   47.     When Minister can require aquaculture lessee to lodge lease document
   48.     Minister can correct errors in aquaculture leases and other documents

           Division 7 - Marking of leased areas, boat channels and access ways

   49.     Obligations of aquaculture lessee to mark out leased area
   50.     Obligations of aquaculture lessee to mark out boat channel
   51.     Obligations of aquaculture lessee to mark out an access way
   52.     Notice to maintain markings
   53.     Minister may modify boundaries of leased area

           Division 8 - Public rights

   54.     Additional public right to which aquaculture lease is subject

   PART 5 - DISEASED FISH AND MARINE VEGETATION

   55.     Diseases declared for purposes of Division 4 of Part 6 of the Act
   56.     Notification of diseases
   56A.    Order declaring quarantine area

   PART 6 - MISCELLANEOUS

   57.     Withdrawal of application under this Regulation and refund of certain fees
   58.     Information to be specified on containers of shellfish for sale
   59.     Obligations of banks, building societies and credit unions concerning trust accounts
   60.     Permit required to gather marine vegetation for commercial purposes
   60A.    Fee for permit under section 37
   61.     Saving
   62.     Transitional provision
   63.     Transitional provision concerning security arrangements for class A permit holders of class 1 leases
   64.     Transitional provision—shellfish quality assurance program
           SCHEDULE 1
           SCHEDULE 2