New South Wales Repealed Regulations

This legislation has been repealed.

FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 2002

- Made under the Fisheries Management Act 1994
- As at 1 September 2007
- Reg 624 of 2002

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 3 - Contributions by permit holders to pay for costs of administration

   7.      Aquaculture permit holders liable to pay contributions towards cost of administration
   8.      Costs of administration that are directly attributable to industry
   9.      Exemptions
   10.     Minister may waive payment of contribution

           Division 4 - Contributions by permit holders to pay for research

   11.     Aquaculture permit holders liable to pay contributions for research
   12.     Research trust accounts to be maintained for the purposes of this Division
   13.     Where research trust account money is to be kept and how the account is to be operated
   14.     Money held in research trust account to be invested
   15.     Purposes for which money held in research trust account can be used
   16.     Committees in respect of research trust account

   PART 3 - SECURITY ARRANGEMENTS FOR AQUACULTURE PERMIT HOLDERS

           Division 1 - Preliminary

   17.     “Payment obligation” defined

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

   18.     Persons to whom this Division applies
   19.     Class A and B permit holders to enter into financial arrangement to provide security
   20.     When secured amounts are liable to be forfeited
   21.     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

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

   PART 4 - AQUACULTURE LEASES

           Division 1 - Classification of leases

   30.     Classes of aquaculture leases

           Division 2 - Applications for, and grant and renewal of, aquaculture leases

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

           Division 3 - Rent for aquaculture leases

   40.     Minimum rent for leased area
   41.     How rent for an aquaculture lease is to be calculated
   42.     When rent payable
   43.     Rent for leased area less than 1 hectare

           Division 4 - Subletting, transferring and transmission of aquaculture leases

   44.     Fee payable for Minister’s consent to subletting of leased area
   45.     Procedure for getting Minister’s consent to transfer of aquaculture lease
   46.     Transmission of aquaculture lease on lessee’s death

           Division 5 - Surrender, consolidation and subdivision of aquaculture leases

   47.     Aquaculture lease may be surrendered
   48.     Aquaculture leases may be consolidated
   49.     Aquaculture leases may be subdivided

           Division 6 - Aquaculture lease plans and documents

   50.     Certified copy of lease or plan
   51.     Minister’s duties with respect to endorsing lease documents
   52.     When Minister can require aquaculture lessee to lodge lease document
   53.     Minister can correct errors in aquaculture leases and other documents

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

   54.     Obligations of aquaculture lessee to mark out leased area
   55.     Obligations of aquaculture lessee to mark out boat channel
   56.     Obligations of aquaculture lessee to mark out an access way
   57.     Notice to maintain markings
   58.     Minister may modify boundaries of leased area

           Division 8 - Public rights

   59.     Additional public right to which aquaculture lease is subject

   PART 5 - DISEASED FISH AND MARINE VEGETATION

   60.     Diseases declared for purposes of Division 4 of Part 6 of the Act
   61.     Notification of diseases
   62.     Order declaring quarantine area

   PART 6 - MISCELLANEOUS

   63.     Withdrawal of application under this Regulation and refund of certain fees
   64.     Information to be specified on containers of shellfish for sale
   65.     Obligations of authorised deposit-taking institutions concerning trust accounts
   66.     Permit required to gather marine vegetation for commercial purposes
   67.     Fee for permit under section 37
   68.     Saving
   69.     Transitional provision concerning security arrangements for class A permit holders of class 1 leases
           SCHEDULE 1
           SCHEDULE 2