Fisheries Management Act 1994

The Fisheries Minister is to make a determination with respect to the designated fishing activity the subject of an environmental impact statement for the purpose of attaining the objects of this Act relating to the protection and the enhancement of the environment and the objects of this Act.

When making the determination, the Fisheries Minister is to examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of the designated fishing activity (including the effect of the activity on the matters referred to in section 5.5(2)–(4) of the Environmental Planning and Assessment Act 1979).

The Fisheries Minister is to consider—

the environmental impact statement and the representations duly received by the Fisheries Minister with respect to the designated fishing activity to which the statement relates, and

any report on the statement and recommendations of the Secretary that are forwarded to the Fisheries Minister under clause 6, and

any findings and recommendations of the Planning Assessment Commission and advice of the Minister administering this Act that are forwarded to the Fisheries Minister under clause 7, and

the matters required to be considered under clause 8 relating to threatened species conservation.

The Fisheries Minister may make any of the following determinations—

a determination to permit the designated fishing activity to be carried out,

a determination to permit the designated fishing activity to be carried out subject to such modifications as will in the Fisheries Minister’s opinion eliminate or reduce the detrimental effect of the activity on the environment,

a determination to prevent the carrying out of the designated fishing activity or any part of the activity.

If the approval of the Minister administering this Act is required under clause 10 for a determination under this clause, the Fisheries Minister is to make a preliminary determination before seeking approval under that clause. A determination is not made under this clause until a final determination is made in accordance with clause 10.

When giving effect to a determination, the Fisheries Minister is to comply with the applicable provisions of this Act and the regulations under this Act.

A determination under this clause does not prevent the imposition from time to time of new fishing regulatory controls applicable to a designated fishing activity, or changes from time to time to those controls.