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Fisheries Management Act 1994 No 38

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Fisheries Management Act 1994 No 38 New South Wales Fisheries Management Act 1994 No 38 Status information Currency of version Historical version for 20 November 2012 to 15 August 2013 (generated 26 August 2013 at 13:09). Legislation on the NSW legislation website is usually updated within 3 working days. Provisions in force All the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes. Does not include amendments by: Fisheries Management Amendment Act 2009 No 114, Sch 1 [27] (not commenced) Local Land Services Act 2013 No 51 (not commenced — to commence on 1.1.2014) This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s Office and published on the NSW legislation website. New South Wales Fisheries Management Act 1994 No 38 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definition of “fish” 7 6 Definition of “fishery” 7 7 Waters to which Act applies 8 Part 1A Fishery management strategies 7A Definitions 9 7B Declaration of designated fishing activities 9 7C Fishery management strategy for designated activities 9 7D Purpose of fishery management strategy 10 7E Content of fishery management strategy 10 Historical version for 20.11.2012 to 15.8.2013 (generated on 26.08.2013 at 13:09) Fisheries Management Act 1994 No 38 Contents Page 7F Revision of draft strategy and publication of approved strategy following environmental assessment 11 7G Management plan not to be made until completion of environmental assessment 11 Part 2 General fisheries management Division 1 Fishing closures 8 Closure of waters to fishing 12 9 Publication of notification of closures 12 10 Duration of closures 12 11 Amendment or revocation of closures 12 12 General provisions relating to closures 12 13 Regulations relating to closures 13 14 Offences relating to closures 13 Division 2 Offences relating to size, quantity and particular species of fish 14A Definitions 13 15 Declaration of prohibited size fish 14 16 Prohibited size fish 14 17 Bag limits—taking of fish 16 18 Bag limits—possession of fish 17 18A Additional monetary penalty for bag limit offences involving priority species 18 19 Protected fish 19 20 Fish and waters protected from commercial fishing 20 20A Fish and waters protected from recreational fishing 21 21 Defences 21 Division 2A Trafficking in fish 21A Definitions 22 21B Trafficking in fish 22 21C Additional monetary penalty may be imposed 23 Division 3 Fishing gear 22 Registration of fishing gear 23 23 Regulations relating to fishing gear 24 24 Lawful use of nets or traps 24 25 Possession of illegal fishing gear 24 Division 4 Total allowable catches 26 Establishment of TAC Committee 25 27 Composition and procedure of TAC Committee 25 28 Function of TAC Committee 25 Contents page 2 Historical version for 20.11.2012 to 15.8.2013 (generated on 26.08.2013 at 13:09) Fisheries Management Act 1994 No 38 Contents Page 29 TAC Committee not subject to Ministerial control 26 30 General considerations for TAC Committee 26 31 Public consultation by TAC Committee 26 32 Review of determinations by TAC Committee 27 33 Publication and duration of determinations 27 34 Implementation of determinations 28 Division 4A Recreational fishing fee 34A Definitions 28 34AA Purpose of fishing fees 28 34B Recreational fishing fee 29 34C Recreational fishers required to pay fishing fee 29 34D Periods for which fishing fee payable 29 34E Amount of fishing fee 30 34F Reductions in fishing fee payable 30 34G Issue of receipt on payment of fishing fee 30 34H Arrangements for collection of fishing fees and issue of receipts 30 34I Fishing fee exemption certificates 31 34J Offences 31 Division 4B Acquisition of commercial fishing entitlements 34K Purpose of Division 32 34L Declaration by Minister of acquisition of entitlements 32 34M Consultation on proposed acquisition declaration 32 34N Termination of commercial fishing entitlements following declaration of acquisition 33 34O Entitlement to compensation for acquired entitlements 33 Division 4C Fishing businesses 34P Definitions 33 34Q Fishing business determinations 34 34R Allocation of fishing business number 35 34S Register of fishing business determinations 35 34T Fishing business transfer rules 36 Division 5 General 35 Possessing fish illegally taken 36 36 Defence for accidental etc taking of fish 37 37 Defence—special permits for research or other authorised purposes 37 37A Defence—permits authorising sale of fish for charitable purposes 38 38 Right to fish in certain inland waters 39 39 Obstruction of recognised fishing grounds 40 Contents page 3 Historical version for 20.11.2012 to 15.8.2013 (generated on 26.08.2013 at 13:09) Fisheries Management Act 1994 No 38 Contents Page 40 Regulations relating to general management of fisheries 40 Part 3 Commercial share management fisheries Division 1 Overview 41 Staged implementation of share management fisheries 42 41A Categories of share management fishery 42 Division 2 Declaration of share management fisheries 42 Declaration of share management fisheries 43 43 Consultation with industry 43 44 Omission of share management fishery 43 45 Redefinition of share management fishery 44 Division 2A Termination and conversion of category 2 share management fisheries 45A Termination of category 2 share management fishery 44 45B Regulations relating to terminated fisheries 45 45C Conversion of category 2 share management fishery to category 145 45D Poll of shareholders 45 45E General provisions relating to conversion 46 Division 3 Issue of shares 46 Invitation for shares 47 47 Application for shares 48 48 Provisional issue of shares to applicants 48 49 Who may hold shares 49 50 Method of determining eligibility and entitlement to shares 49 51 Catch history 50 52 Final issue of shares 50 52A Shares subject to appeal 51 Division 4 Limited access to fishery after issue of shares 53 Commencement of limited access to fishery 52 54 Limiting access to shareholders etc before commencement of management plan 52 55 Fishery that is existing restricted fishery 52 Division 5 Management plans 56 Preparation of draft management plan 53 57 Content of management plan 53 57A Supporting plan 54 58 Public and industry consultation 54 59 (Repealed) 55 Contents page 4 Historical version for 20.11.2012 to 15.8.2013 (generated on 26.08.2013 at 13:09) Fisheries Management Act 1994 No 38 Contents Page 60 Making of plan by regulation 55 61 Commencement of management plan or supporting plan 55 62 Plan prevails over other regulations and closures 55 63 Fisheries reviews—new plan 55 64 Amendment of plan 56 65 Contravention of plan 56 Division 6 Fishing and other shareholding rights 66 Who may fish in share management fisheries after commencement of management plan 56 67 Minimum shareholding required to fish after commencement of management plan 57 68 Endorsements on licences 57 69 Nomination of commercial fisher by holder of shares 59 70 Special endorsements to take fish in share management fishery 60 71 Transfer and other dealings in shares 61 71A Issue of further classes of shares in fishery 62 72 Maximum shareholding permitted 62 73 Duration of shareholding—category 1 share management fishery 63 73A Duration of shareholding—category 2 share management fishery 63 74 Surrender of shares 63 75 Forfeiture of shares for certain contraventions of Act 64 Division 7 Management charges and community contributions 76 Management charges 65 77 Community contribution for access to category 1 share management fishery 66 77A Rental charge for access to category 2 share management fishery 67 Division 8 Allocation of total allowable commercial catch among shareholders 78 Allocation of total allowable catch among shareholders in fishery 68 79 Transfer of allocations 69 80 Carry over to, or borrowing from, future allocations 69 81 Payment for fish caught in excess of allocation or forfeiture of shares 70 Division 9 Share Management Fisheries Appeal Panel 82 Establishment of Panel 71 83 Composition and procedure of Panel 71 Contents page 5 Historical version for 20.11.2012 to 15.8.2013 (generated on 26.08.2013 at 13:09) Fisheries Management Act 1994 No 38 Contents Page 84 Making of appeals 71 85 Hearing and determination of appeals 72 86 Procedure at appeals 72 87 Power to summon witnesses and take evidence 73 88 Power to obtain documents 73 Division 10 Share Management Fisheries Register 89 Establishment and keeping of Share Register 74 90 Registration of shares 74 91 Registration of dealings in shares 75 92 Trusts not registrable 76 93 Power of holder to deal with shares 76 94 Surrender of shares to be noted in Share Register 76 95 Cancellation or forfeiture of shares to be noted in Share Register 76 96 Director-General not concerned as to the effect of documents lodged for registration 77 97 Inspection of Share Register and registered documents 77 98 Evidentiary provisions 77 99 Correction of Share Register 78 100 Exculpation for liability for anything done under this Division 78 101 Offences under the Division 78 Part 4 Licensing and other commercial fisheries management Division 1 Commercial fishing licences 102 Commercial fishers required to be licensed 79 103 Who may hold licence 79 104 Provisions relating to licensing of commercial fishers 80 105 Evidentiary provision 80 106 (Repealed) 80 Division 2 Commercial fishing boats 107 Commercial fishing boat to be licensed 81 108 Provisions relating to licensing of boats 81 109 Evidentiary provision 82 110 Crew of
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