Fisheries Management Act 1994

The provisions of Division 5.1 of the Environmental Planning and Assessment Act 1979 do not apply to or in respect of a designated fishing activity.

Despite subclause (1), those provisions apply to a designated fishing activity if the Fisheries Minister has not made a determination with respect to the activity under this Schedule before—

1 July 2003, except as provided by paragraph (b), or

a later date prescribed by the regulations for the purposes of that fishing activity.

Despite subclause (1), those provisions apply to a fisheries approval that relates to a designated fishing activity if—

until a determination is made by the Fisheries Minister with respect to the activity under clause 9—the fisheries approval does not authorise commercial fishing activities and is granted or renewed for a period exceeding 12 months, or

after such a determination is made—the fisheries approval is not granted or renewed in accordance with the determination.

A designated fishing activity cannot be declared to be a project to which Schedule 2 to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 applies or declared to be State significant infrastructure.

A designated fishing activity cannot be made subject to a requirement for development consent.

An environmental planning instrument cannot prohibit or otherwise regulate a designated fishing activity (or any part of such an activity) unless the Fisheries Minister has approved those provisions before the instrument is made.