Section 4 — Fish stocking — Fisheries Management Act 1994 (New South Wales) — Barrister AI

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Section 4 — Fish stocking — Fisheries Management Act 1994 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects of Act s 4Definitions s 5Definition of “fish”s 6Definition of “fishery”s 7Waters to which Act applies s 7ADefinitions s 7BDeclaration of designated fishing activities s 7CFishery management strategy for designated activities s 7DPurpose of fishery management strategy s 7EContent of fishery management strategy s 7FRevision of draft strategy and publication of approved strategy following environmental assessment s 7GManagement plan not to be made until completion of environmental assessment s 8Closure of waters to fishing s 9Publication of notification of closures s 10Duration of closures s 11Amendment or revocation of closures s 12General provisions relating to closures s 13Regulations relating to closures s 14Offences relating to closures s 14ADefinitions s 15Declaration of prohibited size fish s 16Prohibited size fish s 17Bag limits—taking of fish s 17ABag limits—possession of fish s 17BHow possession limits are imposed s 17CMinisterial order imposing possession limit s 18Offence of contravening possession limit s 18AAdditional monetary penalty for bag limit offences involving priority species s 19Protected fish s 20Fish and waters protected from commercial fishing s 20AFish and waters protected from recreational fishing s 20BShark finning and related prohibitions s 21Defences s 21ADefinitions s 21BTrafficking in fish s 21CAdditional monetary penalty may be imposed s 22Registration of fishing gear s 23Regulations relating to fishing gear s 24Lawful use of nets or traps s 25Possession of illegal fishing gear s 34ADefinitions s 34AAPurpose of fishing fees s 34BRecreational fishing fee s 34CRecreational fishers required to pay fishing fee s 34DPeriods for which fishing fee payable s 34EAmount of fishing fee s 34FReductions in fishing fee payable s 34GIssue of receipt on payment of fishing fee s 34HArrangements for collection of fishing fees and issue of receipts s 34IFishing fee exemption certificates s 34JOffences s 34KPurpose of Division s 34LDeclaration by Minister of acquisition of entitlements s 34MConsultation on proposed acquisition declaration s 34NTermination of commercial fishing entitlements following declaration of acquisition s 34OEntitlement to compensation for acquired entitlements s 34PDefinitions s 34QFishing business determinations s 34RAllocation of fishing business number s 34SRegister of fishing business determinations s 34TFishing business transfer rules s 35Possessing fish illegally taken s 36Defence for accidental etc taking of fish s 37Defence—special approval for research or other authorised purposes s 37AAProvisions relating to permits s 37ADefence—permits authorising sale of fish for charitable purposes s 38Right to fish in certain inland waters s 39Obstruction of recognised fishing grounds s 40Regulations relating to general management of fisheries s 40AFishing determinations s 40BWhen fishing determinations are required to be made s 40CWho makes fishing determinations s 40DTAF Committee to make fishing determinations s 40EGeneral considerations for TAF Committee s 40FPublic consultation by TAF Committee s 40GReview of determinations by TAF Committee s 40HPublication and duration of determinations s 40IInterim fishing determinations by Secretary s 40JRevocation of fishing determinations s 40KTAF Committee not subject to Ministerial control s 40LSecretary to make fishing determinations s 40MMaking of fishing determination by Secretary s 40NPublication and duration of determinations s 40OAmendment or revocation of fishing determination s 40PDefinitions s 40QAllocation of fishing determination to commercial fishing authority holders s 40RNotice of allocation—quota s 40SAuthority holder not to contravene quota s 40TTransfer of quota s 40UMethod for transferring quota s 40VForfeiture of quota—failure to pay fisheries management charge s 40WHow forfeited quota is to be dealt with s 40XImplementation of determinations s 40YDefinition s 40ZAllocation of non-commercial fishing determination s 40ZAImplementation of non-commercial fishing determinations s 41Staged implementation of share management fisheries s 41A(Repealed)s 42Declaration of share management fisheries s 43Consultation with industry s 44Omission of share management fishery s 45Redefinition of share management fishery s 46Invitation for shares s 47Application for shares s 48Provisional issue of shares to applicants s 49Who may hold shares s 50Method of determining eligibility and entitlement to shares s 51Catch history s 52Final issue of shares s 52AShares subject to appeal s 53Commencement of limited access to fishery s 54Limiting access to shareholders etc before commencement of management plan s 55Fishery that is existing restricted fishery s 55AMinister may put forward redefinition proposal s 55BNotice of redefinition proposal s 55CShareholders who are affected by a redefinition proposal s 55DPoll on redefinition proposal s 55EOutcome of poll s 55FPower to implement redefinition proposal that has majority support s 55GPower to redefine fishery with shareholder support s 56Preparation of draft management plan s 57Content of management plan s 57ASupporting plan s 58Public and industry consultation s 59(Repealed)s 60Making of plan by regulation s 61Commencement of management plan or supporting plan s 62Plan prevails over other regulations s 63Fisheries reviews—new plan s 64Amendment of plan s 65Contravention of plan s 66Who may fish in share management fisheries s 67Minimum shareholding required to fish s 68Endorsements on licences s 69Nomination of commercial fisher by holder of shares s 70Special endorsements to take fish in share management fishery s 71Transfer and other dealings in shares s 71AIssue of further classes of shares in fishery s 72Maximum shareholding permitted s 73Duration of shareholding s 73A(Repealed)s 74Surrender of shares s 75Forfeiture of shares for certain contraventions of Act s 75APayment for fish taken in contravention of quota or forfeiture of shares s 75BHow forfeited shares are to be dealt with s 76Management charges s 77Community contribution for access to share management fishery s 77A(Repealed)s 82Establishment of Panel s 83Composition and procedure of Panel s 84Making of appeals s 85Hearing and determination of appeals s 86Procedure at appeals s 87Power to summon witnesses and take evidence s 88Power to obtain documents s 88ADefinitions s 89Establishment and keeping of Share Register s 90Registration of shares s 91Registration of dealings in shares s 91AOnline registration of dealings s 91BPaper-based registration of dealings s 92Trusts not registrable s 93Power of holder to deal with shares s 94Surrender of shares to be noted in Share Register s 95Cancellation or forfeiture of shares to be noted in Share Register s 96Secretary not concerned as to the effect of documents lodged for registration s 97Inspection of Share Register and registered documents s 98Evidentiary provisions s 99Correction of Share Register s 100Exculpation for liability for anything done under this Division s 101Offences under the Division s 102Commercial fishers required to be licensed s 103Who may hold licence s 104Provisions relating to licensing of commercial fishers s 105Evidentiary provision s 106Use of crew members s 107Licence required to use boat for declared commercial fishing boat activities s 107AOffence of engaging in unlicensed activity s 107BFishing boat licences s 108Provisions relating to fishing boat licences s 109Boat marking requirements for fishing boats (including boats exempt from licensing)s 110Evidentiary provision s 111Declaration of restricted fisheries s 112Commercial fishing licence to be endorsed for restricted fishery s 113Restriction on the number of licences endorsed for restricted fishery s 114Endorsements not transferable s 115Compensation not payable s 115APayment of contribution to industry costs s 116Other regulations s 117Fish receiver to be registered s 118Provisions relating to registration s 119Fish receiver to supply information s 120Evidentiary provision s 121Records to be made by commercial fishers s 122Records to be made by employers of commercial fishers s 122ARecords to be made by fish receivers s 123Records to be made by sellers s 123ARecords of possession of fish s 124False records s 124AReal time reporting s 124BFalse reports s 125Definition of “relevant authority”s 126Applications to Civil and Administrative Tribunal for administrative reviews of certain decisions s 127Definitions s 127AMeaning of charter fishing boat s 127AAGuided non-motorised activity s 127ABSeats available for use in charter fishing activities s 127BCertain charter fishing activities require licence s 127COffence for providing unauthorised charter fishing activity s 127CAResponsible person to ensure charter fishing activity is authorised by licence s 127CBProvisions relating to charter fishing licences s 127CCApplications for charter fishing licences s 127DAnnual contribution to industry costs s 127ECharter fishing boat operators to make records of fishing activities s 127EARecords of recreational fishing activities—licence holders s 127EBFalse records s 127FAppeal rights s 127GCharter fishing business determinations s 127HAllocation of charter fishing business number s 127IRegister of charter fishing business determinations s 127JCharter fishing business transfer rules s 127KMethod for transferring charter fishing businesses and their components s 128Definitions s 129Powers and functions of Minister s 130Judicial notice s 131Functions of Joint Authority s 132Delegation s 133Procedure of Joint Authorities s 134Report of Joint Authority s 135Arrangement for management of certain fisheries s 136Application of this Act to fisheries in accordance with arrangements s 137Functions of Joint Authority s 138Joint Authority to exercise certain powers instead of Minister s 139Application of certain provisions relating to offences s 140Presumption relating to certain statements s 141Regulations s 141APower to enter into agreements s 141BFunctions under agreements s 142Definitions s 143Aquaculture industry development plans s 144Aquaculture prohibited except in accordance with a permit s 145Applications for permits s 146Issue or refusal of permit s 147Permit to specify area and type of aquaculture s 148Variation of permits s 149Authority to take fish s 150Inconsistency with lease s 151Duration of permits s 152Conditions of permits s 153Holder of permit to provide information to the Minister s 154Register of permits s 155Change in particulars to be notified s 156Annual contribution to cost of administration or research or to other industry costs s 157Annual contributions to be held in trust accounts s 157AMinister may appoint advisory council as committee s 158Overdue contribution s 159Power to cancel or suspend a permit without a hearing s 160Power to cancel or suspend a permit after a hearing s 161Power to declare person to be a disqualified person for the purposes of this Part s 162Permit area to be maintained in tidy condition s 163Grant of aquaculture lease s 164Rights conferred by lease s 165Lease rentals s 166Overdue rental s 167Renewal of lease s 168Preferential rights s 169Survey of leased area s 170Lessee may fence leased area in certain cases s 171Improvements on an expired lease s 172Subletting with Minister’s consent s 173Transfer with Minister’s consent s 174Surrender of lease s 175Minister can determine access way s 176Power to withdraw land from lease s 177Power of Minister to cancel leases in certain cases s 178Areas of public water land may be excluded from leasing s 179Protection of leased areas s 180Leased area under Real Property Act 1900 s 188Minister may order restoration work to be carried out in relation to illegal operations on aquaculture farm s 189When aquaculture operations can be closed s 190Special provisions relating to oysters on public water or other land s 191Regulations s 192Preparation of habitat protection plans s 193Implementation of habitat protection plans s 198Objects of Division s 198ADefinitions s 198BApplication of Division s 199Circumstances in which a public authority (other than local authority) may carry out dredging or reclamation s 200Circumstances in which a local government authority may carry out dredging or reclamation s 201Circumstances in which a person (other than a public or local government authority) may carry out dredging or reclamation s 202Appeal to the Land and Environment Court s 203Minister may order carrying out of certain work s 204Application and interpretation s 204AMarine vegetation protected from any harvesting or other harm s 204BMarine vegetation protected from any commercial harvesting s 205Marine vegetation—regulation of harm s 205AExemptions s 205BActivities harmful to marine vegetation s 206Protection of spawning areas of salmon, trout and certain other fish s 207Prohibition on taking or disturbing salmon, trout and certain other fish while spawning s 208Defence for authorised activities s 215Purposes of Division s 216Releasing live fish into waters prohibited s 217Importation of live exotic fish s 217AImportation of live exotic marine vegetation s 218Fishways to be provided in construction of dams and weirs s 219Passage of fish not to be blocked s 220Provisions relating to permits under this Part s 220AASecretary may make stop work order s 220AObjects of Part s 220BDefinitions s 220BA(Repealed)s 220CLists s 220DAmendment of lists s 220EIdentification of nationally threatened species and ecological communities s 220FEligibility for listing of species s 220FAListing of populations s 220FBListing of ecological communities s 220FCThreatening processes eligible for listing as key threatening processes s 220FDRegulations prescribing criteria under this Part s 220GFisheries Scientific Committee responsible for lists s 220HWho may initiate action for listing s 220IHow nominations made s 220IAReferral of nomination to Threatened Species Scientific Committee s 220JConsideration of nomination by Fisheries Scientific Committee s 220KNotification and consultation with respect to proposed determination of Fisheries Scientific Committee s 220LFisheries Scientific Committee’s final determination s 220MMinister’s response to proposed final determination s 220MAPublication of final determination s 220NProvisional listing s 220NALists to be kept under review s 220OProtection measures apart from listing s 220PHabitat eligible to be declared critical habitat s 220QIdentification of critical habitat s 220RPublication of preliminary identification and consultation with other Ministers s 220SMatters to which Minister to have regard in declaring critical habitat s 220TDeclaration of critical habitat by Minister s 220UAmendment or revocation of declaration of critical habitat s 220VPublic authorities to have regard to critical habitat s 220WMaps of critical habitat s 220XMinister to keep register of critical habitat s 220YDiscretion not to disclose location of critical habitat s 220ZEffect of failure to comply with procedural requirements s 220ZAHarming threatened species, populations or ecological communities s 220ZBBuying, selling or possessing threatened species s 220ZCDamage to critical habitat s 220ZDDamage to habitat of threatened species, population or ecological community s 220ZERegulations may prohibit certain actions s 220ZFDefences s 220ZFAFurther defences s 220ZFBDefences relating to joint management agreements s 220ZGCourt may order offender to mitigate damage or restore habitat s 220ZGACommunity service work s 220ZGBInterfering with fish of threatened species s 220ZHApplication of Division s 220ZISecretary to prepare recovery plans for threatened species, populations and ecological communities s 220ZJSecretary to prepare threat abatement plans s 220ZJA(Repealed)s 220ZKPriorities for recovery or threat abatement plans s 220ZL(Repealed)s 220ZMGuidelines for recovery or threat abatement plans s 220ZNContents of recovery or threat abatement plans s 220ZOPublic and other consultation concerning draft recovery or threat abatement plan s 220ZPApproval of recovery or threat abatement plan by Minister s 220ZQRecovery and threat abatement plans to be published s 220ZRReview of recovery and threat abatement plans s 220ZSMinisters and public authorities to implement recovery and threat abatement plans s 220ZTPublic authorities to report on implementation of recovery and threat abatement plans s 220ZUNotification of, and consultation concerning, proposed departures from recovery or threat abatement plan s 220ZVReference of matters concerning departures to Ministers and Premier for settlement s 220ZVAWhat the Statement provides for s 220ZVBSecretary to prepare and adopt Priorities Action Statement s 220ZVCPublic consultation on draft statement or amendments s 220ZVDConsideration of submissions by Secretary s 220ZVEReview to include report on achievements s 220ZWLicence to harm threatened species, population or ecological community or damage habitat s 220ZXApplication for licence s 220ZYPayment of licence processing fee s 220ZZSignificant effect on threatened species, populations or ecological communities, or their habitats s 220ZZAAssessment guidelines s 221Publication of licence application s 221AMatters that Secretary must take into account s 221BDetermination of licence application s 221CDeemed approval s 221DConditions and restrictions to licence s 221EProposed variation of licence to be publicly notified s 221FNotification of licence determination s 221GCancellation of licence s 221HSecretary to keep register of licences s 221IAppeal by applicant or person commenting on licence application s 221IAMinisterial order to permit harm to threatened species etc s 221IBMinor amendments s 221ICSpecies impact statement s 221IDPublic consultation s 221IEMatters that Minister must take into account s 221IFMaking an order s 221IGInterim orders s 221IHSecretary to keep register of orders s 221IIRevocation of an order s 221IJBreaching conditions or restrictions s 221IK(Repealed)s 221JForm of species impact statements s 221KContent of species impact statement s 221LSecretary’s requirements s 221MRegulations s 221NSecretary may accredit persons to prepare assessments of species impact statements s 221NARegulations s 221OSecretary may make stop work order s 221PPrior notification of making of stop work order not required s 221QAppeal to Minister s 221RExtension of stop work order s 221SConsultation about modification of proposed detrimental action s 221TRecommendations for further protective measures s 221UStop work order prevails over other instruments s 221VJoint management agreements s 221WContents of joint management agreements s 221XPublication of draft joint management agreement s 221YRole of Fisheries Scientific Committee s 221ZConsideration of submissions by Minister s 221ZAEstablishment of Fisheries Scientific Committee s 221ZBFunctions of Fisheries Scientific Committee s 221ZCMembers of Fisheries Scientific Committee s 221ZDFisheries Scientific Committee not subject to Ministerial control s 221ZEProvisions relating to members and procedure of Fisheries Scientific Committee s 221ZTApplication of Division s 221ZUDefinitions s 221ZVDetermination of whether proposed development or activity likely to significantly affect threatened species, population or ecological community s 221ZWWhen species impact statement required for development consent under Part 4 of Planning Act s 221ZXSignificant effect on environment requiring EIS includes significant effect on threatened species, populations and ecological communities for purposes of Part 5 of Planning Act s 221ZYConsultation with Planning Minister if another Minister is consent authority under Part 4 or determining authority under Part 5 of Planning Act s 221ZZConcurrence of or consultation with Development Coordination Authority if Minister is not consent authority or determining authority under Planning Act s 221ZZARegulations relating to amendments of threatened species etc lists s 222AMinister and Secretary to administer Act in accordance with its objects s 222BFisheries Administration Ministerial Corporation s 223Minister may acquire land s 224Acquisition of land for purposes of a future lease grant s 225Minister may carry out or assist research s 226Minister may accept gifts etc s 227Delegation by Minister s 228Delegation by Secretary s 229Ministerial advisory bodies s 230Advisory groups s 231Regulations s 232Definitions s 233Establishment of trust funds s 234Recreational Fishing (Freshwater) Trust Fund s 235Recreational Fishing (Saltwater) Trust Fund s 236Commercial Fishing Trust Fund s 236ACharter Fishing Trust Fund s 237Fish Conservation Trust Fund s 237AAboriginal Fishing Trust Fund s 237BAboriginal fishing assistance programs s 237CRural Assistance Authority may administer Aboriginal fishing assistance program s 237DSpecial exemptions for Aboriginal fishing assistance programs s 238Aquaculture Trust Fund s 238AGeneral provisions relating to consultation on expenditure from trust funds s 238BUse of money in trust funds for environmental assessment and related expenses s 238CUse of money in trust funds for species impact statements s 239Report to Parliament on use of trust funds s 239AInvestment of money in trust funds s 239BSeparate accounting for research s 240Definitions s 241Engaging in commercial fishing activities s 242Construction of powers of search, seizure and related powers s 242AAccess to information by fisheries officers s 243Appointment of fisheries officers by Minister s 244Police officers to be fisheries officers s 245Fisheries officers to have instruments of authority s 246Production of instruments of authority s 247Obstructing, impersonating etc fisheries officers s 248Power to board and search boats s 249Power to require gear to be removed from water s 250Power to enter and search premises s 251Power to detain and search vehicles s 252Entry into waters, and along banks etc s 253Entry into and examination of aquaculture farms s 254Entry into residential premises s 255Power to examine fishing gear or other equipment s 255AOther power to search for or examine things s 256Production of records relating to commercial fishing activities and fish receivers s 257Power to require production of fishing authority s 258Power to require information s 258ASpecial power to require information—Parts 7 and 7A s 258BProvisions relating to requirements to provide information or answer questions s 259(Repealed)s 260Issue of search warrants s 261Hot pursuit s 262Power of arrest s 263Care to be taken s 264Seizure of things (other than boats and motor vehicles) connected with fisheries offence s 265Seizure of boats and motor vehicles s 266Seizure of fishing gear and other things (other than boats, motor vehicles or fish)s 267Seizure of fish s 268Reasonable cause for seizure a bar to action s 269Forfeiture of boats and motor vehicles by order of court s 270Return of boat or motor vehicle if relevant offence proceedings not taken s 271Conviction to operate as forfeiture of things (other than boats and motor vehicles)s 272Forfeiture of things (other than boats and motor vehicles) where no relevant offence proceedings taken s 273Return of things seized s 274Disposal of perishable things s 275Forfeited things to become the property of the State s 275AApplication of Division s 275BNature of compliance audit s 275CAccreditation and regulation of compliance auditors s 275DMinister may require compliance audits by imposition of conditions on fishing authority s 275EProvisions relating to conditions for compliance audits s 275FCertification of audit report s 275GOffences s 275HSelf-incriminatory information not exempt s 275IUse of information s 275JDefinitions s 275KScientific observer program s 275LAppointment of scientific observers by Minister s 275MAuthority to observe relevant fishing activities s 275NPower conferred by observation authority s 275OAncillary powers s 275PScientific observer to exercise care s 275QProduction of instruments of authority s 275RFailure to comply with requirement of scientific observer s 275SInformation provided to scientific observer is protected s 275TObstructing, impersonating etc scientific observers s 276Penalty notices s 277Nature of proceedings for offences s 278Time within which proceedings may be commenced s 279Offences by corporations s 279ADuty of master of boat to prevent contraventions of Act s 280Evidence relating to fishing authorities s 281Proof of lawful or reasonable excuse s 281ARecord to be kept of instruments published on website s 282Restraint of breaches of Act s 282AEnforcement of environmental assessment and management planning requirements s 282BDefinitions s 282CProhibition orders may be made against repeat offenders s 282DProvisions relating to making of prohibition order s 282EDuration, variation and revocation of prohibition order s 282FAppeal s 282GOffence of contravening order s 282HDefinitions s 282IPower of Minister to make restoration order s 282JPower of court to make restoration order s 282KCommunity service work in respect of serious fisheries offences s 283Annual reporting s 283ADisclosure of information s 284Public consultation procedure s 284AOther consultation requirements s 285Notes in the text s 286Act binds Crown s 286ACertain licences, leases, permits and other rights not personal property under Personal Property Securities Act 2009 (Cth)s 287Native title rights and interests s 288Service of instruments s 288AAUse of agents s 288AService of documents on native title holders s 288BWaiver, postponement or refund of fees, charges and contributions s 288CRecovery of money s 288DFalse and misleading information s 289Regulations s 290Review of Act s 291Savings, transitional and other provisions s 292(Repealed)s 4Abalone fishery s 5(Repealed)s 6Lobster fishery s 6AOcean trawl fishery s 6BOcean hauling fishery s 6COcean trap and line fishery s 6DEstuary general fishery s 6EEstuary prawn trawl fishery s 13Definitions s 1Share management fisheries s 4Fish stocking s 5(Repealed)s 1Definitions s 2Principles guiding administration of Schedule s 3Application of Schedule to designated fishing activities s 4Designated fishing activities to be assessed under this Schedule s 5Environmental impact statements to be prepared s 6Publicity and examination of environmental impact statements s 7Reviews about designated fishing activity s 8Special provisions relating to threatened species conservation s 9Determination with respect to environmental assessment s 10Approval of Minister administering Environmental Planning and Assessment Act 1979 required for designated fishing activity where Fisheries Minister is or is declared to be proponent s 11Re-assessment of designated fishing activity s 12Application of other provisions of Environmental Planning and Assessment Act 1979 s 13Shark meshing s 1Definitions s 1ATotal Allowable Fishing Committee s 2Deputy members s 3Terms of office of member s 4Allowances for member s 5Vacancy in office of member s 6Filling of vacancy in office of member s 7Effect of certain other Acts s 8Disclosure of pecuniary interests s 9Personal liability of members etc s 10General procedure for calling and holding meetings of the TAF Committee s 11Quorum s 12Presiding member and voting rights s 13Voting s 1Definitions s 2Deputy Chairperson s 3Terms of office of appointed member s 4Allowances for appointed member s 5Vacancy in office of appointed member s 6Filling of vacancy in office of appointed member s 7Effect of certain other Acts s 8Personal liability of members etc s 1Definition s 2Term of office s 3Remuneration s 4Vacation of office s 5Application of other Acts s 6Chairperson and Deputy Chairperson s 7Disclosure of pecuniary interests s 8Procedure of Fisheries Scientific Committee s 9Transaction of business outside meeting or by telephone or other means s 10Service of documents on Fisheries Scientific Committee s 1Definition s 2Regulations s 3Saving of existing fishing closures under sec 18 of 1935 Act s 4Saving of existing net fishing closure under section 19 of 1935 Act (Brisbane Waters, Port Hacking etc)s 5Saving of existing closures under section 21 of the 1935 Act (close seasons)s 6Saving of existing scientific permits s 6APayment of recreational freshwater fishing fee before extension to saltwater fishing s 6AAContinuation of fishing business determinations made before commencement s 6ABChanges to maximum penalties s 6BAppeals to Share Appeal Panel in relation to restricted fishery determinations s 6CEntitlement to shares—new category 1 share management fisheries s 6DContinuation of rental charge for access to new category 1 share management fisheries s 6EValidation s 6FRedefinition of ocean trawl fishery s 6GApplication of amendments made by Fisheries Management Amendment Act 2006 s 6HChanges to descriptions of fisheries s 6ISpecial endorsements s 6JRegistration of share dealings s 7Continuation of existing commercial fishing licences s 8Continuation of existing criteria for obtaining commercial fishing licences s 9Continuation of existing fishing boat licences s 10Transitional provisions relating to existing restricted fisheries under section 22A of 1935 Act s 11Transitional provisions relating to other existing restricted fisheries s 12Existing fishing records s 12ARepeal of section 106 s 12BSaving of existing fishing boat licences (2015 amendments)s 12CTransition to new form of licence (2015 amendments)s 13Existing Commonwealth and State arrangements s 14Commencement of Commonwealth Act s 14AChanges to co-operative arrangements s 15Transitional—existing leases and permits s 15AApplications for aquaculture leases s 15BOverdue rental s 15CCancellation of leases by Minister s 16Continuation of existing aquatic reserves s 16AManagement plans for aquatic reserves s 17Existing authorisations relating to dredging and reclamation s 17APreservation of regulations under section 204 (marine vegetation for which permit required for cutting etc)s 17AAChange to definition of “harm” in section 204 s 17ABRequirement to notify construction, alteration or modification of dams, weirs and reservoirs s 17BSavings in respect of planning matters s 17CReferral of proposed final determinations to Minister s 17DThreatened Species Priorities Action Statements s 18Abolition of CFAC, CFAC Regional Advisory Committees and RFAC s 19Continuation of Management Advisory Committees for share management fisheries s 19ASaving of arrangements relating to MACs consequent on amendments made by Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 s 19BChange in name of Trust Fund s 19CDisclosure provisions s 19DAbolition of Management Advisory Committees s 20Existing inspectors s 21Existing seizures s 21ALocal court forfeiture powers s 21BProhibition orders (2009 changes)s 21CRestoration orders s 22References to 1935 Act s 23General saving s 24Saving of certain orders s 25References to Director of NSW Fisheries s 25AChange of name of TAC Committee (2015)s 26Definitions s 27Continuation of instruments and powers under repealed provisions s 28Continuation of regulations s 29Obligations under repealed provisions continue to apply s 30Continuation of permits s 31Applications for permits s 32Seizure and destruction of things s 33Fisheries officers may exercise biosecurity functions s 34Biosecurity officer may exercise fisheries officer functions s 35General saving s 36Repeal of Schedule 6D s 1-3(Repealed)s 2, 3(Repealed)

Section Whole Act

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4

Fish stocking

Current

4 Fish stocking

Fishing activities comprising the stocking of waters with fish—

(a)

for which a permit of the Minister is required under section 216 of the Act, or

(b)

by the Minister.

This Act’s bill:Explanatory memorandum

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