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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fisheries Management Amendment
Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Fisheries Management Act 1994 No 38 3
Schedule 2 Amendment of other Acts 66
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2009
New South Wales
Fisheries Management Amendment
Bill 2009
Act No , 2009
An Act to amend the Fisheries Management Act 1994 to make further provision for
the management of fishery resources; and to make related amendments to other Acts.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Fisheries Management Amendment Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Fisheries Management Amendment Act 2009.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
Schedule 1 Amendment of Fisheries Management
Act 1994 No 38
[1] Section 3 Objects of Act
Insert at the end of section 3 (2) (g):
, and
(h) to recognise the spiritual, social and customary
significance to Aboriginal persons of fisheries resources
and to protect, and promote the continuation of, Aboriginal
cultural fishing.
[2] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
Aboriginal cultural fishing means fishing activities and
practices carried out by Aboriginal persons for the purpose of
satisfying their personal, domestic or communal needs, or for
educational, ceremonial or other traditional purposes, and which
do not have a commercial purpose.
share management plan means a management plan for a share
management fishery.
[3] Section 4 (1)
Omit the definitions of noxious fish and noxious marine vegetation.
Insert instead:
noxious fish--see section 209.
noxious marine vegetation--see section 209.
[4] Section 4 (3)
Insert after section 4 (2) (before the note):
(3) For the purposes of any provision of this Act that provides for an
increased maximum penalty for a second or subsequent offence,
an offence is to be regarded as a second or subsequent offence in
relation to another offence only if:
(a) a conviction was recorded in relation to the other offence,
and
(b) the other offence occurred on a separate occasion.
[5] Section 7 Waters to which Act applies
Insert ", or a part of a fishery," after "a fishery" wherever occurring in
section 7 (1) (b) and (c).
Page 3
Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
[6] Section 14 Offences relating to closures
Omit the maximum penalties from section 14 (1) and (2). Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
[7] Part 2, Division 2, heading
Omit the heading. Insert instead:
Division 2 Offences relating to size, quantity and
particular species of fish
[8] Section 14A
Insert before section 15:
14A Definitions
(1) In this Division:
commercial quantity of a priority species of fish means:
(a) in relation to an offence against section 16--the quantity
specified as a commercial quantity of fish for the species
concerned in Column 3 of Part 1 of Schedule 1B, or
(b) in relation to an offence against section 17 or 18--the
quantity specified as a commercial quantity of fish for the
species concerned in Column 3 of Part 2 of Schedule 1B.
priority species of fish means:
(a) in relation to an offence against section 16--a species of
fish specified in Column 1 of Part 1 of Schedule 1B, or
(b) in relation to an offence against section 17 or 18--a
species of fish specified in Column 1 of Part 2 of
Schedule 1B.
Page 4
Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
(2) If the commercial quantity of a priority species of fish is specified
by reference to the total weight of the fish concerned, the total
weight of the fish is to be determined in accordance with the
regulations.
(3) The common name of a species of fish specified in Column 2 of
Schedule 1B is for information purposes only and does not limit
the description of the species of fish in Column 1.
(4) The Governor may, by regulation made on the recommendation
of the Minister, amend Schedule 1B to insert, alter or omit any
matter in that Schedule.
[9] Section 15 Declaration of prohibited size fish
Insert after section 15 (1):
(1A) The regulations may declare different prohibited size fish for
different classes of persons or for different circumstances.
[10] Section 15 (3)
Omit the subsection. Insert instead:
(3) The regulations may specify the size of fish by reference to
measurement or weight (or both), or by reference to the number
of individuals in any specified weight.
[11] Section 16
Omit the section. Insert instead:
16 Prohibited size fish
(1) A person who has prohibited size fish in the person's possession
is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
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Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
(2) A person who has prohibited size fish in the person's possession,
in circumstances of aggravation, is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 400 penalty units or imprisonment for 12 months (or
both) for a first offence, or
(ii) 800 penalty units or imprisonment for 18 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
(3) A person who sells prohibited size fish is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
(4) A person who sells prohibited size fish, in circumstances of
aggravation, is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 400 penalty units or imprisonment for 12 months (or
both) for a first offence, or
(ii) 800 penalty units or imprisonment for 18 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
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Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
(5) For the purposes of subsections (2) and (4), a person has
possession of prohibited size fish, or sells prohibited size fish, in
circumstances of aggravation if:
(a) the prohibited size fish in possession or sold by the person
are a priority species of fish, and
(b) the quantity of prohibited size fish in possession or sold by
the person is a commercial quantity of that species of fish.
[12] Section 17 Bag limits--taking of fish
Omit the maximum penalty from section 17 (2). Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
[13] Section 17 (2A) and (2B)
Insert after section 17 (2):
(2A) A person who takes on any one day more fish than the daily limit
of those fish, in circumstances of aggravation, is guilty of an
offence.
Maximum penalty:
(a) in the case of an individual:
(i) 400 penalty units or imprisonment for 12 months (or
both) for a first offence, or
(ii) 800 penalty units or imprisonment for 18 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
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Schedule 1 Amendment of Fisheries Management Act 1994 No 38
(2B) For the purposes of subsection (2A), a person takes fish in
circumstances of aggravation if:
(a) the fish taken are a priority species of fish, and
(b) the quantity of fish taken is a commercial quantity of that
species of fish.
[14] Section 17 (3A)
Insert after section 17 (3):
(3A) The regulations may specify a daily limit of zero for fish of a
specified species or of a specified class. In that case, a reference
in this section to taking more fish than the daily limit of those fish
is to be read as a reference to taking any of those fish.
[15] Section 18 Bag limits--possession of fish
Omit "in any such circumstances" from section 18 (2).
[16] Section 18 (2)
Omit the maximum penalty. Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
[17] Section 18 (2A) and (2B)
Insert after section 18 (2):
(2A) A person who has in the person's possession, in circumstances of
aggravation, more than the possession limit of any fish is guilty
of an offence. This subsection applies irrespective of the period
over which the fish were taken.
Maximum penalty:
(a) in the case of an individual:
(i) 400 penalty units or imprisonment for 12 months (or
both) for a first offence, or
Page 8
Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
(ii) 800 penalty units or imprisonment for 18 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
(2B) For the purposes of subsection (2A), a person has possession of
fish in circumstances of aggravation if:
(a) the fish in the person's possession are a priority species of
fish, and
(b) the quantity of fish in the person's possession is a
commercial quantity of that species of fish.
[18] Section 18 (3A)
Insert after section 18 (3):
(3A) The regulations may specify a possession limit of zero for fish of
a specified species or of a specified class. In that case, a reference
in this section to being in possession of more than the possession
limit of those fish is to be read as a reference to being in
possession of any of those fish.
[19] Section 18A
Insert after section 18:
18A Additional monetary penalty for bag limit offences involving
priority species
(1) A court that finds a person guilty of an offence against section 17
or 18 in respect of any species of fish that is a priority species of
fish in relation to the offence concerned may impose an
additional penalty for the offence of up to 10 times the market
value of the fish the subject of the offence.
(2) The market value of the fish the subject of the offence is the
amount determined by the court as the price at which the fish
might reasonably have been expected to be sold by the person
who committed the offence at the time the offence was
committed.
(3) In determining the market value of the fish the subject of the
offence, the court may have regard to the following:
(a) the price for which fish of that species were being sold at
the time of the offence (whether or not to purchasers within
this State and whether or not legally),
Page 9
Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
(b) the price for which the fish were sold, or for which fish of
that species have previously been sold, by the person who
committed the offence,
(c) any other matters it considers appropriate.
(4) The court may determine the market value of the fish the subject
of the offence by reference to the weight of the fish the subject of
the offence, the number of fish the subject of the offence or by
any other method it considers appropriate.
(5) The penalty provided for by this section is in addition to the
maximum penalty provided for by this Act in respect of the
particular offence concerned.
[20] Section 19 Protected fish
Omit section 19 (4). Insert instead:
(4) The regulations may declare the possession of any protected fish
to be prohibited absolutely.
(5) If the possession of protected fish is prohibited absolutely,
subsection (3) applies whether or not the fish are taken from
waters to which this Act applies.
[21] Section 19, maximum penalty
Omit the maximum penalty. Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
[22] Section 20 Fish and waters protected from commercial fishing
Omit section 20 (1). Insert instead:
(1) The regulations may declare that fish of a specified species are
protected, absolutely or conditionally, from all or a class of
commercial fishing.
Page 10
Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
[23] Section 20 (3)-(8)
Omit section 20 (3), (4) and (5). Insert instead:
(3) A person who:
(a) takes fish of a species declared under subsection (1) in
breach of the declaration, or
(b) takes fish from waters declared under subsection (2) in
breach of the declaration, or
(c) sells fish taken in breach of a declaration under
subsection (1) or (2),
is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 1,000 penalty units or imprisonment for 6 months
(or both) for a first offence, or
(ii) 2,000 penalty units or imprisonment for 12 months
(or both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
(4) The regulations may declare the sale of any species of fish that is
protected from commercial fishing under subsection (1) to be
prohibited absolutely.
(5) A person who sells fish of a species declared under subsection (4)
is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 1,000 penalty units or imprisonment for 6 months
(or both) for a first offence, or
(ii) 2,000 penalty units or imprisonment for 12 months
(or both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
(6) Subsection (5) applies whether or not the fish were taken from
waters to which this Act applies.
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Schedule 1 Amendment of Fisheries Management Act 1994 No 38
(7) A person cannot be found guilty of both an offence against
subsection (1) (c) and an offence against subsection (5) in respect
of the same sale.
(8) Nothing in this section limits the power of the Minister to make
a fishing closure in relation to commercial fishing.
[24] Section 20A
Insert after section 20:
20A Fish and waters protected from recreational fishing
(1) The regulations may declare that fish of a specified species are
protected, absolutely or conditionally, from all or a class of
recreational fishing.
(2) The regulations may declare specified waters to be waters in
which all or a class of recreational fishing is prohibited absolutely
or conditionally.
(3) A person who:
(a) takes fish of a species declared under subsection (1) in
breach of the declaration, or
(b) takes fish from waters declared under subsection (2) in
breach of the declaration,
is guilty of an offence.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
(4) Nothing in this section limits the power of the Minister to make
a fishing closure in relation to recreational fishing.
[25] Section 21 Defences
Insert "or lawfully cultivated in" after "taken from" in section 21 (1) (a).
Page 12
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Amendment of Fisheries Management Act 1994 No 38 Schedule 1
[26] Section 21 (2)
Omit the subsection. Insert instead:
(2) Subsection (1) (a) does not apply to the following offences:
(a) an offence under section 19 (3), if the possession of the
protected fish is prohibited absolutely by the regulations,
(b) an offence under section 20 (5).
[27] Section 21AA
Insert after section 21:
21AA Special provision for Aboriginal cultural fishing
(1) An Aboriginal person is authorised to take or possess fish, despite
section 17 or 18, if the fish are taken or possessed for the purpose
of Aboriginal cultural fishing.
(2) The authority conferred by this section is subject to any
regulations made under this section.
(3) The regulations may make provision for the management of
Aboriginal cultural fishing as authorised by this section.
(4) Without limiting the above, the regulations may:
(a) prescribe the circumstances in which the taking or
possession of fish by Aboriginal persons for the purpose of
Aboriginal cultural fishing is authorised by this section,
and
(b) specify restrictions as to the quantity of fish of a specified
species or of a specified class that may be taken by or be in
the possession of Aboriginal persons for the purposes of
Aboriginal cultural fishing as authorised by this section.
(5) The Minister must not recommend the making of a regulation
under this section unless an advisory council for the Aboriginal
sector of the fishing industry has been established under section
229 and the Minister certifies that the advisory council has been
consulted on the proposed regulation.
(6) A person does not commit an offence against section 17 or 18 in
respect of the taking or possession of fish if the taking or
possession of the fish is authorised under this section.
(7) This section does not prevent the issue of a permit under section
37 for Aboriginal cultural fishing purposes.
Page 13
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Schedule 1 Amendment of Fisheries Management Act 1994 No 38
(8) This section does not authorise an Aboriginal person to do
anything that is inconsistent with native title rights and interests
under an approved determination of native title (within the
meaning of the Native Title Act 1993 of the Commonwealth) or
with the terms of an indigenous land use agreement (within the
meaning of that Act).
[28] Part 2, Division 2A
Insert after Division 2:
Division 2A Trafficking in fish
21A Definitions
(1) In this Division:
indictable quantity of a species of fish means the quantity
specified as an indictable quantity of fish for the species
concerned in Column 3 of Schedule 1C.
indictable species of fish means a species of fish specified in
Column 1 of Schedule 1C.
(2) If an indictable quantity of a species of fish is specified by
reference to the total weight of the fish concerned, the total
weight of the fish is to be determined in accordance with the
regulations.
(3) The common name of a species of fish specified in Column 2 of
Schedule 1C is for information purposes only and does not limit
the description of the species of fish in Column 1.
(4) The Governor may, by regulation made on the recommendation
of the Minister, amend Schedule 1C to insert, alter or omit any
matter in that Schedule.
21B Trafficking in fish
(1) A person must not traffic in an indictable species of fish.
Maximum penalty: Imprisonment for 10 years.
(2) For the purposes of this Division, a person traffics in an
indictable species of fish if:
(a) the person dishonestly takes, sells, receives or possesses
fish of an indictable species, and
(b) the taking, selling, receiving or possession of the fish by
the person contravenes another provision of this Act or of
the regulations, and
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Amendment of Fisheries Management Act 1994 No 38 Schedule 1
(c) the quantity of fish of an indictable species taken, sold,
received or possessed is not less than an indictable quantity
of the species concerned.
(3) Any defence that is applicable to proceedings for an offence in
respect of a contravention of another provision of this Act or of
the regulations also applies to proceedings for an offence against
this section in respect of the same contravention.
(4) A person may be found guilty of an offence against this section
in relation to a contravention of another provision of this Act
whether or not the person has been found guilty of an offence
against another provision of this Act in relation to that
contravention.
21C Additional monetary penalty may be imposed
(1) A court that finds a person guilty of an offence against
section 21B may impose an additional penalty for the offence of
up to 10 times the market value of the fish the subject of the
offence.
(2) The market value of the fish the subject of the offence is the
amount determined by the court as the price at which the fish
might reasonably have been expected to be sold by the person
who committed the offence at the time the offence was
committed.
(3) In determining the market value of the fish the subject of the
offence, the court may have regard to the following:
(a) the price for which fish of that species were being sold at
the time of the offence (whether or not to purchasers within
this State and whether or not legally),
(b) the price for which the fish were sold, or for which fish of
that species have previously been sold, by the person who
committed the offence,
(c) any other matters it considers appropriate.
(4) The court may determine the market value of the fish the subject
of the offence by reference to the weight of the fish the subject of
the offence, the number of fish the subject of the offence or by
any other method it considers appropriate.
(5) The penalty provided for by this section is in addition to the
maximum penalty provided for by this Act in respect of the
offence concerned.
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Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
[29] Section 24 Lawful use of nets or traps
Omit the maximum penalty from section 24 (1). Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
[30] Section 25 Possession of illegal fishing gear
Omit the maximum penalty from section 25 (1). Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
[31] Section 34A Definitions
Omit the definition of official receipt. Insert instead:
official receipt means a receipt issued under this Division for
payment of a recreational fishing fee, being:
(a) if the fishing fee was paid in person--the hard copy receipt
issued as evidence of payment (or a copy of that receipt),
or
(b) if the fishing fee was paid over the telephone or by
electronic means--the receipt number issued as evidence
of payment, or
(c) any other evidence of payment of a fishing fee prescribed
by the regulations.
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Amendment of Fisheries Management Act 1994 No 38 Schedule 1
[32] Section 34AA Purpose of fishing fees
Insert ", maintaining or protecting" after "enhancing" in section 34AA (a).
[33] Section 34C Recreational fishers required to pay fishing fee
Omit section 34C (2) (f). Insert instead:
(f) if the fisher is an Aboriginal person, or
[34] Section 34G Issue of receipt on payment of fishing fee
Insert after section 34G (3):
(3A) The Director-General is to make appropriate arrangements to
ensure that a person who pays a fishing fee is issued with an
official receipt for the payment.
[35] Section 34J Offences
Insert "immediate" after "his or her" in section 34J (2).
[36] Section 34J (4)
Omit the subsection. Insert instead:
(4) For the purposes of this section, a person has an official receipt in
his or her immediate possession only if the person is able to
immediately produce the official receipt if required.
[37] Section 35 Possessing fish illegally taken
Omit the maximum penalty from section 35 (1). Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units or imprisonment for 6 months (or
both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or
both) for a second or subsequent offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
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Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
[38] Section 36 Defence for accidental etc taking of fish
Insert after section 36 (2):
(3) The defence provided under subsection (1) is not available in
proceedings for an offence under Part 7A.
Note. See Division 4 of Part 7A for defences to offences under that Part.
[39] Section 37 Defence--special permits for research or other authorised
purposes
Insert after section 37 (1) (c):
(c1) Aboriginal cultural fishing purposes,
[40] Section 37 (2A)
Insert after section 37 (2):
(2A) A permit may authorise a specified person or a specified class of
persons, in addition to the permit holder, to take and possess fish
or marine vegetation as authorised by the permit.
[41] Section 37 (3)
Omit "that the person was the holder of a permit under this section that
authorised the act or omission constituting the offence".
Insert instead "that the act or omission of the person constituting the offence
was authorised by a permit under this section".
[42] Section 37 (3A)
Insert after section 37 (3):
(3A) An application for a permit under this section is to be in a form
approved by the Minister.
[43] Section 37 (6)
Omit "In particular, the regulations may prescribe the fee payable for the issue
of a permit.".
[44] Section 37 (8)
Insert after section 37 (7):
(8) The Minister is not to issue a permit to a person for Aboriginal
cultural fishing purposes if to authorise the fishing activities and
practices concerned would be inconsistent with native title rights
and interests under an approved determination of native title
(within the meaning of the Native Title Act 1993 of the
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Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
Commonwealth) or with the terms of an indigenous land use
agreement (within the meaning of that Act).
[45] Section 40 Regulations relating to general management of fisheries
Insert after section 40 (2) (l):
(m) the fees payable in respect of an application for, or the
issue of, a permit under this Act.
[46] Section 68 Endorsements on licences
Omit section 68 (1) and (2). Insert instead:
(1) The Minister may endorse a commercial fishing licence for the
taking of fish in a share management fishery.
[47] Section 68 (6)
Omit the subsection. Insert instead:
(6) An endorsement:
(a) remains in force for the period specified in the
endorsement, and
(b) may be renewed by the grant of an endorsement for a
further period.
[48] Section 68 (6C)
Omit the maximum penalty. Insert instead:
Maximum penalty:
(a) 200 penalty units or imprisonment for 6 months (or both)
for a first offence, or
(b) 400 penalty units or imprisonment for 12 months (or both)
for a second or subsequent offence.
[49] Section 72 Maximum shareholding permitted
Omit "changed" from section 72 (4). Insert instead "decreased".
[50] Section 72 (4)
Omit "change". Insert instead "decrease".
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Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
[51] Section 73 Duration of shareholding--category 1 share management
fishery
Omit section 73 (2) and (3). Insert instead:
(2) If during that 10-year period (or any subsequent period for which
the shares are renewed) a fishery review is conducted and a new
management plan is made under this Part, the shares are taken to
be renewed (from the date the new plan commences) for a further
period of 10 years and the balance of the current period is
terminated.
(3) If a new management plan is not made by the end of that 10-year
period (or any subsequent period for which the shares are
renewed), the shares are taken to be renewed, at the end of their
current period, for a further period of 10 years.
[52] Section 75 Forfeiture of shares for certain contraventions of Act
Omit section 75 (5). Insert instead:
(5) The Minister may cancel or sell forfeited shares to which this
section applies.
(5A) Any forfeited shares sold by the Minister are to be sold by public
tender.
[53] Section 75 (7)-(11)
Omit section 75 (7) and (8). Insert instead:
(7) If any amount is due under this Part in respect of the forfeited
shares that would, on payment, be paid into the Commercial
Fishing Trust Fund, that amount is to be deducted from the
purchase price and paid to the credit of the Commercial Fishing
Trust Fund, and the balance after payment is to be paid to the
credit of the Consolidated Fund.
(8) If shares are forfeited for a failure by the shareholder to pay a
community contribution or other amount due under this Part, the
following provisions apply:
(a) any community contribution due under this Part is to be
deducted from the purchase price and paid to the credit of
the Consolidated Fund,
(b) any other amount due under this Part that would, on
payment, be paid into the Commercial Fishing Trust Fund,
is to be deducted from the purchase price and paid to the
credit of the Commercial Fishing Trust Fund,
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(c) any reasonable costs incurred by or on behalf of the
Minister in connection with the sale of the shares are to be
deducted from the purchase price and paid to the credit of
the Consolidated Fund,
(d) the balance (if any) remaining after payment of the
amounts referred to in paragraphs (a)-(c) is to be paid to
the shareholder.
(9) The regulations may authorise or require the payment of any part
of the purchase price to a person (other than the shareholder) who
had an interest in the shares. Any such payment may be made
only after payment of the amounts referred to in
subsection (8) (a)-(c).
(10) The Minister may recover from a person, as a debt in any court of
competent jurisdiction, any reasonable costs incurred by or on
behalf of the Minister in selling shares forfeited by the person,
being costs not otherwise recovered as provided by this section.
(11) The Minister is not liable to pay any community contribution or
other amount under this Act that becomes payable in respect of
forfeited shares following the forfeiture.
[54] Section 91 Registration of dealings in shares
Omit "When such an application is made to the Director-General," from
section 91 (4).
Insert instead "If such an application is approved by the Director-General,".
[55] Section 95 Cancellation or forfeiture of shares to be noted in Share
Register
Omit "and cancel the registration of the share" from section 95 (1).
[56] Section 102 Commercial fishers required to be licensed
Omit the maximum penalty from section 102 (1). Insert instead:
Maximum penalty:
(a) in the case of an individual:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence, or
(b) in the case of a corporation:
(i) 2,000 penalty units for a first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
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[57] Section 111 Declaration of restricted fisheries
Omit "during the period specified in the declaration" from section 111 (1).
[58] Section 111 (4)
Insert "or if the period (if any) specified by the regulations as the period during
which the fishery is a restricted fishery expires" after "regulations".
[59] Section 112 Commercial fishing licence to be endorsed for restricted
fishery
Omit the maximum penalty from section 112 (4). Insert instead:
Maximum penalty:
(a) 200 penalty units or imprisonment for 6 months (or both)
for a first offence, or
(b) 400 penalty units or imprisonment for 12 months (or both)
for a second or subsequent offence.
[60] Sections 115A (1) (a), 127D (1) (a), 234 (2) (a), 235 (2) (a), 236 (2) (a),
236A (2) (a), 237 (2) (a) and 238 (2) (a)
Insert ", maintain or protect" after "enhance" wherever occurring.
[61] Section 117 Fish receiver to be registered
Omit section 117 (2) (a).
[62] Sections 123 and 123A
Omit section 123. Insert instead:
123 Records to be made by sellers
(1) A person who sells any fish must make and deliver to the
purchaser, on or before the sale, a record concerning the sale by
the person of the fish in accordance with the regulations.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units for a first offence, or
(ii) 400 penalty units for a second or subsequent
offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
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(2) A person who sells any fish (the seller) must:
(a) make, before the sale, or
(b) obtain, on or before the sale, from any other person from
whom the person acquired the fish,
a record concerning the seller's acquisition of the fish in
accordance with the regulations.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units for a first offence, or
(ii) 400 penalty units for a second or subsequent
offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
(3) A person who is required to make or obtain a record under this
section must:
(a) retain a copy of the record for not less than 5 years after the
fish are sold by the person, and
(b) during that 5-year period, produce the copy of the record
when requested to do so by a fisheries officer.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units for a first offence, or
(ii) 400 penalty units for a second or subsequent
offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
(4) An offence under this section applies whether or not the fish were
sold to a purchaser within the State.
(5) This section does not apply in respect of oysters.
(6) The regulations may provide that this section does not apply in
respect of the sale of fish:
(a) if the fish are sold in circumstances specified in the
regulations, or
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(b) if the quantity of fish sold does not exceed a quantity
specified by the regulations in respect of the fish or class
of fish concerned, or
(c) in any other circumstances prescribed by the regulations.
123A Records of possession of fish
(1) A person in possession of fish must produce a prescribed record
concerning the possession of the fish when requested to do so by
a fisheries officer if:
(a) the person is a fishing industry participant, or
(b) the quantity of fish in the person's possession is equal to,
or more than, a commercial quantity of fish.
Maximum penalty:
(a) in the case of an individual:
(i) 200 penalty units for a first offence, or
(ii) 400 penalty units for a second or subsequent
offence, or
(b) in the case of a corporation:
(i) 1,000 penalty units for a first offence, or
(ii) 2,000 penalty units for a second or subsequent
offence.
(2) It is a defence to a prosecution for an offence under this section
in respect of a defendant who is not a fishing industry participant
if the defendant proves that the fish were in the defendant's
possession otherwise than for the purpose of sale, transportation
for reward or storage for reward.
(3) It is a defence to a prosecution for an offence under this section
in respect of a defendant who is a fishing industry participant if:
(a) the defendant was in possession of less than a commercial
quantity of fish, and
(b) the defendant proves that the fish were in the defendant's
possession otherwise than for the purpose of sale,
transportation for reward or storage for reward.
(4) An offence under this section applies whether or not the fish were
taken from waters to which this Act applies.
(5) This section does not apply:
(a) to the possession of fish on any premises, or part of
premises, occupied solely for residential purposes, or
(b) to the possession of oysters.
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(6) The regulations may provide that this section does not apply in
respect of the possession of fish:
(a) if the fish are in possession in circumstances specified in
the regulations, or
(b) if the quantity of fish in possession does not exceed a
quantity specified by the regulations in respect of the fish
or class of fish concerned, or
(c) in any other circumstances prescribed by the regulations.
(7) In this section:
commercial quantity of fish means the quantity prescribed by the
regulations as the commercial quantity for the species of fish, or
class of fish, concerned.
fishing industry participant means:
(a) the holder of a fishing authority (within the meaning of
Part 9), or
(b) a person who carries on the business of selling or
processing fish or fish products.
[63] Section 127A Meaning of charter fishing boat
Omit section 127A (b). Insert instead:
(b) the boat is used for recreational fishing activities on a
commercial basis, and
[64] Section 127A (2) and (3)
Insert at the end of section 127A:
(2) A boat is used for recreational fishing activities on a commercial
basis if:
(a) a payment or other consideration is required to be made or
given by or on behalf of all or any of the persons using the
boat for the right to fish from the boat or for any other
activity or service (such as accommodation) provided in
connection with the arrangement under which the boat is
used, or
(b) the boat is made available for recreational fishing activities
by a commercial organisation and all or any of the persons
using the boat for the recreational fishing activities are
members of that commercial organisation, or
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(c) the boat is made available for recreational fishing activities
under any other arrangement of a kind specified by the
regulations to be a commercial charter fishing
arrangement.
(3) In this section, a commercial organisation means a club or other
organisation that provides services (whether or not for profit) and
that charges a fee for membership.
[65] Section 128 Definitions
Insert "and, if the arrangement is varied, means the arrangement as varied"
after "States" in the definition of arrangement.
[66] Section 135 Arrangement for management of certain fisheries
Insert "varied or" after "may be" in section 135 (2).
[67] Section 135 (3) and (3A)
Omit section 135 (3). Insert instead:
(3) After an arrangement has been made or varied, but before the
arrangement or variation takes effect, licences, endorsements and
other instruments may be granted, issued, renewed, made or
executed, and regulations may be made, for the purposes of the
operation of this Act as affected by the arrangement or variation,
as if the arrangement or variation had taken effect, but such a
licence, endorsement, instrument or regulation does not have
effect before the arrangement or variation takes effect.
(3A) On the variation of an arrangement, licences, endorsements and
other instruments granted, issued, renewed, made or executed,
and regulations made, for the purpose of the operation of this Act
as affected by the variation cease to have effect to the extent (if
any) that they are inconsistent with the arrangement as varied.
[68] Section 136 Application of this Act to fisheries in accordance with
arrangements
Insert ", or a part of a particular fishery," after "particular fishery".
[69] Section 136
Insert ", or the part of the fishery," after "the fishery".
[70] Section 136
Insert ", or that part of the fishery," after "that fishery".
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[71] Section 137 Functions of Joint Authority
Insert ", or part of the fishery," after "and the fishery" in section 137 (1).
[72] Section 138 Joint Authority to exercise certain powers instead of
Minister
Insert "or part of which is to be managed in accordance with the law of the
State," after "the law of the State," in section 138 (2).
[73] Section 141 Regulations
Insert ", or a part of a fishery," after "manage a fishery" in section 141 (1).
[74] Section 141 (1) (a), (b) and (c)
Insert "or the part of the fishery" after "the fishery" wherever occurring.
[75] Section 142 Definitions
Insert in alphabetical order:
development plan has the meaning given by section 143.
[76] Section 144 Aquaculture prohibited except in accordance with a permit
Omit section 144 (4). Insert instead:
(4) However, this section does not apply:
(a) to aquaculture undertaken by the Minister under a
development plan or under Part 8, or otherwise for the
purposes of the administration of this Act, or
(b) to persons of a class excluded by the regulations from the
operation of this section.
[77] Section 147 Permit to specify area and type of aquaculture
Omit "and the species of fish or marine vegetation authorised to be cultivated
within any such area" from section 147 (1).
Insert instead "and the type of aquaculture authorised to be undertaken within
any such area".
[78] Section 147 (3)
Insert after section 147 (2):
(3) The aquaculture permit may specify the type of aquaculture
authorised by the permit by specifying all or any of the following:
(a) the species of fish or marine vegetation that may be
cultivated or kept (including any hybrid or polyploid form
of species),
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(b) the things that may be cultivated from fish or marine
vegetation kept under the permit,
(c) the part of the life cycle of a species during which the
species may be cultivated or kept.
[79] Section 148 Variation of permits
Omit section 148 (1) (b). Insert instead:
(b) vary the type of aquaculture that may be undertaken within
any such area.
[80] Sections 149 (1) and (2), 156 (1) (b), 179 (1) (a), 189 (1) and 191 (d)
Insert "or kept" after "cultivated" wherever occurring.
[81] Section 152 Conditions of permits
Omit "cultivation of the species of fish or marine vegetation to which the
permit relates" from section 152 (2) (a).
Insert instead "type of aquaculture that may be undertaken under the authority
of the permit".
[82] Section 154 Register of permits
Omit section 154 (2) (e). Insert instead:
(e) the type of aquaculture authorised by the permit within any
such area, and
[83] Section 163 Grant of aquaculture lease
Omit "species of fish or marine vegetation authorised to be cultivated" from
section 163 (3).
Insert instead "type of aquaculture authorised to be undertaken".
[84] Section 163 (7)-(7B)
Omit section 163 (7). Insert instead:
(7) The Minister must not grant a lease on an application unless
satisfied that:
(a) the land to which the application relates is available for
lease, and
(b) the application is consistent with any relevant
development plan.
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(7A) Before granting a lease on an application, the Minister must:
(a) cause to be published in the Gazette and in a newspaper
circulating in the area in which the land is situated, a notice
of receipt of the application, specifying in the notice that
written objections to the granting of the lease may be
lodged with the Director-General before the expiration of
a period specified in the notice, and
(b) consider any objections to the granting of the lease that are
lodged within the period specified in the notice for the
making of written objections.
(7B) The Minister is not required to comply with subsection (7A) if:
(a) the area to which the application relates is the subject of a
development plan and the type of aquaculture proposed is
a type that the development plan provides is suitable in that
area, or
(b) the person to whom the lease is to be granted has obtained
a development consent under Part 4 of the Environmental
Planning and Assessment Act 1979, or approval under
Part 3A of that Act, to carry out development on the
proposed leased area for the purposes of the aquaculture
concerned.
[85] Section 164 Rights conferred by lease
Omit "to cultivate within, and to take from, the leased area the species of fish
or marine vegetation specified in the lease" from section 164 (1) (a).
Insert instead "to undertake the type of aquaculture specified in the lease".
[86] Section 166 Overdue rental
Omit "remains unpaid 3 months" from section 166 (1).
Insert instead "is unpaid".
[87] Section 177 Power of Minister to cancel leases in certain cases
Omit "and the amount has remained unpaid for at least 2 years" from
section 177 (1) (c).
[88] Section 181 Definitions
Insert in alphabetical order:
disease means a disease (including a pest or parasite) that kills or
causes illness in fish or marine vegetation (or a particular species
of fish or marine vegetation) or that kills or causes illness in
people who eat the infected fish or marine vegetation.
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Schedule 1 Amendment of Fisheries Management Act 1994 No 38
[89] Section 181, definition of "declared disease"
Omit the definition. Insert instead:
declared disease means a disease in respect of which this
Division applies under section 182 or 182A.
[90] Sections 182 and 182A
Omit section 182. Insert instead:
182 Declared diseases
(1) Each disease specified in Schedule 6B is a disease in respect of
which this Division applies.
(2) The common name of a species specified in Part 2 of
Schedule 6B is for information purposes only and does not limit
a description of species in that Schedule.
(3) The Governor may, by regulation made on the recommendation
of the Minister, amend Schedule 6B to insert, alter or omit any
matter in that Schedule.
182A Urgent declarations by Minister
(1) If the Minister considers that urgent action is required in respect
of a particular disease, the Minister may, by notice published in a
newspaper circulating generally in the State, or by radio or
television broadcast, declare that disease to be a disease in respect
of which this Division applies.
(2) In such an urgent case, the Minister is to publish the declaration
in the Gazette as soon as practicable after it is made.
(3) A declaration made by the Minister under this section may
provide that specified provisions of this Division do not apply in
respect of the disease or apply only in the circumstances specified
in the declaration.
(4) A declaration has effect according to its terms and remains in
force (unless sooner revoked by another declaration) for the
period, not exceeding 6 months, specified in the declaration.
[91] Section 183 Minister may declare quarantine area
Omit section 183 (2). Insert instead:
(2) An area may be declared a quarantine area if:
(a) it is subject to an aquaculture permit, or
(b) it is an area of water, or
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(c) it is an area in the immediate vicinity of an area of water, or
(d) it is a pet shop or an aquarium kept for commercial
purposes.
[92] Section 183 (4) (b)
Omit "in the case of an area subject to an aquaculture permit--require the
holder".
Insert instead "require a relevant person".
[93] Section 183 (4A)
Insert after section 183 (4):
(4A) For the purposes of this section, a relevant person means:
(a) the holder of an aquaculture permit in respect of a
quarantine area or part of a quarantine area, or
(b) the owner or occupier of any land or premises within a
quarantine area.
[94] Section 183 (6) and (6A)
Omit section 183 (6). Insert instead:
(6) If a relevant person fails to take any action required by an order
declaring a quarantine area, a fisheries officer may enter the
quarantine area and take the required action.
(6A) Subsection (6) does not authorise a fisheries officer to enter any
premises used for residential purposes.
[95] Section 183 (7) (a)
Omit "holder of the aquaculture permit". Insert instead "relevant person".
[96] Section 183 (7) (b)
Omit "holder". Insert instead "relevant person".
[97] Section 187A
Insert after section 187:
187A Exemptions
(1) The Minister may, by order published in the Gazette, declare that
any specified provisions of this Division do not apply in respect
of a declared disease or apply only in the circumstances specified
in the order.
(2) Such an order has effect according to its terms.
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[98] Section 202
Omit the section. Insert instead:
202 Appeal to the Land and Environment Court
(1) A person (including a local government authority) who is
dissatisfied with a decision of the Minister concerning dredging
or reclamation work may appeal against the decision to the Land
and Environment Court within 30 days of receiving notice of the
decision.
(2) The lodging of an appeal does not, except to the extent that the
Land and Environment Court otherwise directs in relation to the
appeal, operate to stay the decision appealed against.
[99] Section 206 Protection of spawning areas of salmon, trout and certain
other fish
Omit "100" from the maximum penalty in section 206 (1).
Insert instead "1,000".
[100] Section 206 (1A) and (1B)
Insert after section 206 (1):
(1A) In proceedings for an offence under this section in respect of an
act or an omission of a person that causes damage to gravel beds
in any waters where salmon or trout spawn or are likely to spawn,
it is to be conclusively presumed that the person knew that the
waters were waters of that kind if it is established that:
(a) the act or omission occurred in the course of the carrying
out of development or an activity for which development
consent under Part 4 of the Environmental Planning and
Assessment Act 1979, or an approval to which Part 5 of that
Act applies, was required but not obtained, or
(b) the act or omission constituted a failure to comply with any
such development consent or approval.
(1B) A person is not guilty of an offence against this section if the act
or omission that constitutes the offence was done or omitted
under the authority of a permit issued under this Part.
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[101] Sections 209-209B
Omit section 209. Insert instead:
209 Definitions
For the purposes of this Act:
noxious fish means a species of fish that is noxious fish for the
purposes of this Act under section 209A or 209B.
noxious marine vegetation means a species of marine vegetation
that is noxious marine vegetation for the purposes of this Act
under section 209A or 209B.
209A Noxious fish and noxious marine vegetation
(1) Column 1 of Schedule 6C specifies the species of fish and marine
vegetation that are noxious fish and noxious marine vegetation
for the purposes of this Act.
(2) If Column 3 of Schedule 6C specifies particular waters in relation
to which a particular species of fish or marine vegetation is
noxious fish or noxious marine vegetation, the species is noxious
fish or noxious marine vegetation only when located in those
specified waters.
(3) The common name of a species of fish or marine vegetation
specified in Column 2 of Schedule 6C is for information purposes
only and does not limit the description of the species of fish or
marine vegetation in Column 1.
(4) The Governor may, by regulation on the recommendation of the
Minister, amend Schedule 6C to insert, alter or omit any matter
in that Schedule.
209B Urgent declarations by Minister
(1) In the case of an emergency, the Minister may, by order
published in the Gazette, declare any specified species of fish or
marine vegetation to be noxious fish or noxious marine
vegetation for the purposes of this Act.
(2) An order made by the Minister under this section may:
(a) limit the declaration to fish or marine vegetation located in
any specified waters, and
(b) declare that specified provisions of this Division do not
apply in respect of the relevant species of fish or marine
vegetation or apply only in the circumstances specified in
the declaration.
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(3) An order has effect according to its terms and remains in force
(unless sooner revoked by another order) for the period, not
exceeding 6 months, specified in the order.
[102] Section 214A
Insert after section 214:
214A Exemptions
(1) The Minister may, by order published in the Gazette, declare that
any specified provisions of this Division do not apply in respect
of specified noxious fish or noxious marine vegetation or apply
only in the circumstances specified in the order.
(2) Such an order has effect according to its terms.
[103] Part 7, Division 7, heading
Omit the heading. Insert instead:
Division 7 Protection of fish and marine vegetation from
disease
[104] Section 215
Omit the section. Insert instead:
215 Purposes of Division
The purposes of this Division are:
(a) to prevent the spread of diseases in fish and marine
vegetation, and
(b) to prevent any adverse effect on existing fish and marine
vegetation and their habitats by introduced species of fish
and marine vegetation.
[105] Section 216 Releasing live fish into waters prohibited
Omit "naturally" from section 216 (3).
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[106] Sections 217 and 217A
Omit section 217. Insert instead:
217 Importation of live exotic fish
(1) A person must not bring into New South Wales any live fish of a
species or class prescribed by the regulations except under the
authority of a permit issued by the Minister.
Maximum penalty: In the case of a corporation, 100 penalty units
or, in any other case, 50 penalty units.
(2) A person who sells, buys or has possession of fish knowing that
the fish has been brought into New South Wales in contravention
of this section is guilty of an offence.
Maximum penalty: In the case of a corporation, 100 penalty units
or, in any other case, 50 penalty units.
(3) This section does not apply in respect of any species of fish that
was established in the waters of the State, or in the waters of the
sea adjacent to the State within the Australian fishing zone,
before European settlement.
217A Importation of live exotic marine vegetation
(1) A person must not bring into New South Wales any live marine
vegetation of a species or class prescribed by the regulations
except under the authority of a permit issued by the Minister.
Maximum penalty: In the case of a corporation, 100 penalty units
or, in any other case, 50 penalty units.
(2) A person who sells, buys or has possession of marine vegetation
knowing that it has been brought into New South Wales in
contravention of this section is guilty of an offence.
Maximum penalty: In the case of a corporation, 100 penalty units
or, in any other case, 50 penalty units.
(3) This section does not apply in respect of any species of marine
vegetation that existed in the State before European settlement.
[107] Section 218 Fishways to be provided in construction of dams and weirs
Insert after section 218 (5A):
(5B) A person (other than a public authority) must not construct, alter
or modify a dam, weir or reservoir on a waterway unless the
person ensures that the Minister is given notice in writing of the
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proposed works at least 28 days before the commencement of the
works.
Maximum penalty: In the case of a corporation, 200 penalty units
or in any other case, 100 penalty units.
(5C) Subsection (5B) does not apply in respect of any works approved
by a public authority or approved by the Minister administering
the Environmental Planning and Assessment Act 1979 under
Part 3A of that Act.
[108] Section 218 (6), definition of "waterway"
Omit "naturally" from the definition.
[109] Section 220 Provisions relating to permits under this Part
Omit "In particular, the regulations may prescribe the fee payable for the issue
of a permit." from section 220 (3).
[110] Section 220AA
Insert after section 220:
220AA Director-General may make stop work order
(1) If the Director-General is of the opinion that any action is being,
or is about to be, carried out in contravention of Division 3 or 4,
or section 219, and that the action is likely to cause damage to fish
habitat or obstruct the free passage of fish, the Director-General
may order that such action is to cease and that no further action,
other than such action as may be specified in the order, is to be
carried out in or in the vicinity of the waters concerned within a
period of 40 days after the date of the order.
(2) An order takes effect on and from the date on which:
(a) a copy of the order is affixed in a conspicuous place in the
vicinity of the waters the subject of the order, or
(b) the person carrying out or about to carry out the action is
notified that the order has been made,
whichever is the sooner.
(3) A person who does not comply with an order in force under this
section is guilty of an offence.
Maximum penalty:
(a) in the case of an individual, 1,000 penalty units and an
additional 500 penalty units for each day the offence
continues, or
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(b) in the case of a corporation, 2,000 penalty units and an
additional 1,000 penalty units for each day the offence
continues.
(4) The Director-General may, by making a further order under this
section, extend an order for such further period or periods of
40 days as the Director-General thinks fit.
(5) The Director-General is not required, before making an order
under this section, to notify any person who may be affected by
the order.
(6) An order of the Director-General under this section has effect
despite any consent, approval, notice, order or other instrument
made or issued by or under any other Act or law that requires or
permits the action prohibited by the order.
(7) This section does not apply to the following:
(a) any thing authorised by or under the State Emergency and
Rescue Management Act 1989 that is reasonably necessary
to avoid a threat to life or property,
(b) any thing authorised to be done by or under the Rural Fires
Act 1997 in relation to any emergency fire fighting act
within the meaning of that Act.
(8) A person who is dissatisfied with a decision of the
Director-General to take action under this section may appeal
against the decision to the Land and Environment Court within
30 days of receiving notice of the decision.
(9) The lodging of an appeal does not, except to the extent that the
Land and Environment Court otherwise directs in relation to the
appeal, operate to stay the decision appealed against.
[111] Section 220ZE Regulations may prohibit certain actions
Omit section 220ZE (1). Insert instead:
(1) The regulations may prohibit or regulate, for the purposes of this
Part, the carrying out of specified actions, or actions of a
specified class or description:
(a) in specified waters, or
(b) within a prescribed distance of any fish or marine
vegetation of a threatened species, or
(c) within a prescribed distance of the habitat of any fish or
marine vegetation of a threatened species, or
(d) on specified critical habitat.
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[112] Section 220ZF Defences
Omit section 220ZF (1) (d). Insert instead:
(d) was a routine fishing activity (unless it was an activity of a
kind that the regulations declare is not a routine fishing
activity for the purposes of this paragraph), or
[113] Section 220ZF (4)
Omit "routine agricultural or aquacultural activity for the purposes of
subsection (1) (e)".
Insert instead "routine fishing activity or routine aquacultural activity for the
purposes of subsection (1) (d) or (e)".
[114] Section 220ZF (6) and (7)
Insert after section 220ZF (5):
(6) In this section, a routine fishing activity means a routine activity
carried out in connection with the lawful taking of fish or marine
vegetation other than a threatened species, population or
ecological community.
(7) A defence that the act or omission constituting the offence was a
routine fishing activity or routine aquaculture activity is available
in proceedings for an offence against this Division only if the
person charged satisfies the court that, on becoming aware of
taking any fish of a threatened species, population or ecological
community, the person took immediate steps to return the fish to
its natural environment with the least possible injury.
[115] Section 220ZG Court may order offender to mitigate damage or restore
habitat
Omit section 220ZG (1). Insert instead:
(1) If a court convicts a person of an offence against this Part and is
satisfied the offence has caused damage to any threatened
species, population or ecological community or to the habitat of
any threatened species, population or ecological community, the
court may, in addition to or in substitution for any pecuniary
penalty for the offence, direct the person to take any action to
mitigate the damage or to restore the habitat.
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[116] Section 220ZG (3A)
Insert after section 220ZG (3):
(3A) If the requirements of an order under this section are not
complied with within the period specified in it, the Minister:
(a) may cause the actions specified in the order to be carried
out, and
(b) may claim or realise any security provided under this
section by the person against whom the order was made to
meet the reasonable costs of carrying out the actions
specified in the order, and
(c) may, by proceedings brought in a court of competent
jurisdiction, recover as a debt from the person against
whom the order was made the reasonable costs of carrying
out the actions specified in the order (or the balance of
those costs after claiming or realising any security
provided by the person).
[117] Section 220ZGA
Insert after section 220ZG:
220ZGA Community service orders
(1) If a court makes a community service order in respect of a person
convicted of an offence against this Part, the court may
recommend that the community service work to be performed by
the person include work the purpose of which is to restore
damage to habitat (whether or not caused by the person) or to
otherwise assist in achieving the objects of this Part.
(2) This section does not limit the powers of a court under the Crimes
(Sentencing Procedure) Act 1999.
(3) In this section:
community service order has the same meaning as it has in the
Crimes (Sentencing Procedure) Act 1999.
community service work has the same meaning as it has in the
Crimes (Sentencing Procedure) Act 1999.
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[118] Part 7A, Division 4A
Insert after Division 4 of Part 7A:
Division 4A Interfering with fish of threatened species
220ZGB Interfering with fish of threatened species
(1) A person must not interfere with any fish of a threatened species.
Maximum penalty: 1,000 penalty units or imprisonment for
2 years, or both.
(2) In this section, interfere with includes harass, chase, tag or mark
the fish or engage in any activity for the purposes of attracting or
repelling the fish or any other activity prescribed by the
regulations.
(3) A reference in section 220ZW, 221IA or 221O to harming any
threatened species includes interfering with the threatened
species.
(4) A person is not guilty of an offence under this section if the act or
omission constituting the offence was authorised by, and was
done or omitted in accordance with:
(a) a licence granted under this Part, or
(b) a Ministerial order or interim order made under
Subdivision 1A of Division 6, or
(c) a permit under this Act, or
(d) a licence under Part 6 of the Threatened Species
Conservation Act 1995.
(5) A person is not guilty of an offence under this section if the act or
omission constituting the offence was:
(a) an action taken or omitted by the person that was
reasonably necessary to prevent a risk to human health or
to deal with a serious threat to human life or property, or
(b) done in accordance with a direction given to the person by
a fisheries officer.
(6) The regulations may provide for exceptions to this Division or for
defences to the prosecution of an offence against this Division.
[119] Section 229 Ministerial advisory bodies
Insert ", Aboriginal" after "research" in section 229 (1).
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[120] Section 241 Engaging in commercial fishing activities
Insert at the end of section 241 (2) (c):
(c1) if the person is in possession in any particular
circumstances of fishing gear or other equipment that
cannot be lawfully used by either a commercial fisher or
recreational fisher (in any circumstances or in the
particular circumstances) and the fishing gear or other
equipment is reasonably capable of being used in those
circumstances to take a quantity of fish that exceeds the
quantity of fish that a recreational fisher is entitled to take
in the waters concerned, or
[121] Section 250 Power to enter and search premises
Insert "(other than a public place)" after "into premises" in section 250 (3).
[122] Section 250 (4) (e)
Insert at the end of section 250 (4) (d):
, or
(e) the premises entered are a public place.
[123] Section 250 (7)
Omit the subsection. Insert instead:
(7) In this section:
commercial premises means any premises occupied by the
holder of a fishing authority, or by a person who should be the
holder of an appropriate fishing authority, or any market or
premises in which fish are sold or any other premises in which
any commercial activity is conducted relating to fish.
public place has the meaning given by the Law Enforcement
(Powers and Responsibilities) Act 2002.
[124] Section 256 Production of records relating to commercial fishing
activities and fish receivers
Insert ", either orally or by notice in writing," after "may" in section 256 (1).
[125] Section 256 (1) (a)
Insert ", immediately or within a specified period and at a specified place,"
after "produce".
[126] Section 256 (1) (b)
Insert ", within a specified period and at a specified place," after "produce".
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[127] Section 256 (1) (c)
Insert ", immediately or within a specified period," after "answer" where
firstly occurring.
[128] Section 256 (4)
Omit the maximum penalty. Insert instead:
Maximum penalty: In the case of a corporation, 1,000 penalty
units or, in any other case, 200 penalty units.
[129] Section 258 Power to require information
Insert after section 258 (2):
(3) A person fails to comply with a requirement to provide
information (including a requirement to state a name and address)
made by a fisheries officer under this section if the person fails to
provide that information immediately or within such period as the
fisheries officer may allow.
[130] Sections 258A and 258B
Insert after section 258:
258A Special power to require information--Parts 7 and 7A
(1) A fisheries officer may require any person whom the fisheries
officer suspects on reasonable grounds to have knowledge of
matters in respect of which information is reasonably required for
the purposes of Part 7 or 7A to answer questions in relation to
those matters.
(2) A fisheries officer may, by notice in writing, require a
corporation to nominate, in writing within the time specified in
the notice, a director or officer of the corporation to be the
corporation's representative for the purpose of answering
questions under this section.
(3) Answers given by a person nominated under subsection (2) bind
the corporation.
(4) A fisheries officer may, by notice in writing, require a person to
attend at a specified place and time to answer questions under this
section if attendance at that place is reasonably required in order
that the questions can be properly put and answered.
(5) The place and time at which a person may be required to attend
under subsection (4) is to be:
(a) a place and time nominated by the person, or
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(b) if a place or time nominated is not reasonable in the
circumstances or a place or time is not nominated by the
person, a place and time nominated by the fisheries officer
that is reasonable in the circumstances.
(6) A person who, without reasonable excuse, fails to comply with a
requirement of a fisheries officer made under this section is guilty
of an offence.
Maximum penalty: In the case of a corporation, 1,000 penalty
units or, in any other case, 200 penalty units.
258B Provisions relating to requirements to provide information or
answer questions
(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with an
information requirement unless the person was warned on that
occasion that a failure to comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from an information requirement on the
ground that the record, information or answer might incriminate
the person or make the person liable to a penalty.
(3) Information or answer not admissible if objection made
However, any information furnished or answer given by a natural
person in compliance with an information requirement is not
admissible in evidence against the person in criminal proceedings
(except proceedings for an offence under section 258, 258A
or 259) if:
(a) the person objected at the time to doing so on the ground
that it might incriminate the person, or
(b) the person was not warned on that occasion that the person
may object to furnishing the information or giving the
answer on the ground that it might incriminate the person.
(4) Records admissible
Any record furnished by a person in compliance with an
information requirement is not inadmissible in evidence against
the person in criminal proceedings on the ground that the record
might incriminate the person.
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(5) Further information
Further information obtained as a result of a record or
information furnished or of an answer given in compliance with
an information requirement is not inadmissible on the ground:
(a) that the record or information had to be furnished or the
answer had to be given, or
(b) that the record or information furnished or answer given
might incriminate the person.
(6) For the purposes of this section, an information requirement is a
requirement made by a fisheries officer under section 258
or 258A.
[131] Section 269 Forfeiture of boats and motor vehicles by order of court
Omit section 269 (2). Insert instead:
(2) A Local Court must not order any such forfeiture if it is satisfied
that the value of the boat or motor vehicle exceeds the
jurisdictional limit of the Local Court sitting in its General
Division within the meaning of the Local Courts Act 1982.
(3) To avoid doubt, a forfeiture order is not a monetary penalty for
the purposes of any provision of this Act that provides for the
maximum monetary penalty that may be imposed by a Local
Court in proceedings for an offence under this Act or the
regulations.
[132] Section 277 Nature of proceedings for offences
Insert "(other than an indictable offence)" after "under this Act" in
section 277 (1).
[133] Section 277 (2)
Omit "$10,000" from section 277 (2). Insert instead "200 penalty units".
[134] Section 277 (3) and (4)
Insert after section 277 (2):
(3) An indictable offence is to be prosecuted on indictment.
However, Chapter 5 of the Criminal Procedure Act 1986 (which
relates to the summary disposal of certain indictable offences
unless an election is made to proceed on indictment) applies to
and in respect of any such offence.
(4) In this section, an indictable offence means an offence against
section 21B.
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[135] Section 279A
Insert after section 279:
279A Duty of master of boat to prevent contraventions of Act
(1) A person commits an offence if:
(a) the person is master of a boat while it is used for any
fishing activities, and
(b) another person (the principal offender) on board the boat
commits a serious fisheries offence while the boat is being
used for fishing activities.
(2) The maximum penalty for an offence against this section is the
maximum penalty for the serious fisheries offence committed by
the principal offender.
(3) It is a defence to proceedings for an offence against this section
if the person charged proves that:
(a) the person issued proper instructions and took reasonable
precautions to ensure compliance with this Act, and
(b) the serious fisheries offence occurred without the person's
knowledge, and
(c) the person could not by the exercise of reasonable
diligence have prevented the commission of the serious
fisheries offence.
(4) A person may be proceeded against and convicted under this
section whether or not the principal offender has been proceeded
against or been convicted for the serious fisheries offence
committed by the principal offender.
(5) In this section:
serious fisheries offence means an offence against section 14,
16, 17, 18, 19, 20, 20A, 24, 25, 35, 68, 102 or 112.
[136] Section 282C Prohibition orders may be made against repeat offenders
Omit section 282C (1). Insert instead:
(1) A court that convicts a repeat offender of a fisheries offence may,
on application by the prosecutor, make an order that prohibits the
offender from doing any or all of the following:
(a) engaging in specified fishing activities,
(b) being in possession of specified fishing gear,
(c) being in possession of fish or marine vegetation of a
specified species,
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(d) being on a boat of a kind specified in the order while on or
adjacent to any waters or waters specified in the order,
(e) being on any specified premises (that are premises in
which fish are sold or in which any commercial fishing
activity is conducted).
[137] Part 9, Division 8
Insert after Division 7 of Part 9:
Division 8 Restoration orders and other actions
282H Definitions
In this Division:
fishery resource includes fish stock and fish habitat.
serious fisheries offence means an offence against section 14,
16, 17, 18, 19, 20, 20A, 21B, 24, 25, 35, 68, 102 or 112.
282I Power of Minister to make restoration order
(1) If the Minister is satisfied that a person has contravened this Act
and, as a result of the contravention, caused damage to any
fishery resource, the Minister may, by order in writing given to
the person, require the person to carry out, within a period
specified in the order, such actions as the Minister reasonably
considers to be necessary to mitigate or rectify the damage.
(2) The Minister may make an order against a person under this
section only if satisfied that the person's contravention of this Act
amounted to a serious fisheries offence.
(3) However, the Minister may make the order regardless of whether
the person has been charged with, or found guilty of, having
committed a serious fisheries offence.
(4) If the requirements of an order under this section are not
complied with within the period specified in it, the Minister:
(a) may cause the actions specified in the order to be carried
out, and
(b) may, by proceedings brought in a court of competent
jurisdiction, recover as a debt from the person against
whom the order was made the reasonable costs of carrying
out the actions specified in the order.
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(5) A person against whom an order is made may appeal to a Local
Court against the making of the order within 30 days after the
order is given to the person.
(6) A Local Court may determine the appeal by confirming the order,
revoking the order or revoking the order and making a new order.
282J Power of court to make restoration order
(1) A court that convicts a person of a serious fisheries offence may,
if satisfied that the offence has caused damage to a fishery
resource, order the person to carry out such actions as the court
considers necessary to mitigate or rectify the damage.
(2) The court may specify the actions to be carried out and may order
the person to maintain the area the subject of the actions until
those actions have been fully performed.
(3) The court may order the person to provide security for the
performance of any obligation imposed under this section.
(4) A court may make an order under this section in addition to or in
substitution for any monetary penalty for the offence.
(5) If the requirements of an order under this section are not
complied with within the period specified in it, the Minister:
(a) may cause the actions specified in the order to be carried
out, and
(b) may claim or realise any security provided under this
section by the person against whom the order was made to
meet the reasonable costs of carrying out the actions
specified in the order, and
(c) may, by proceedings brought in a court of competent
jurisdiction, recover as a debt from the person against
whom the order was made the reasonable costs of carrying
out the actions specified in the order (or the balance of
those costs after claiming or realising any security
provided by the person).
282K Community service orders in respect of serious fisheries offences
(1) If a court makes a community service order in respect of a person
convicted of a serious fisheries offence, the court may
recommend that the community service work to be performed by
the person include work the purpose of which is to restore
damage to any fishery resource (whether or not caused by the
person) or to otherwise enhance, maintain or protect fishery
resources.
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(2) This section does not limit the powers of a court under the Crimes
(Sentencing Procedure) Act 1999.
(3) In this section:
community service order has the same meaning as it has in the
Crimes (Sentencing Procedure) Act 1999.
community service work has the same meaning as it has in the
Crimes (Sentencing Procedure) Act 1999.
[138] Section 288B
Insert after section 288A:
288B Waiver and refund of fees, charges and contributions
The Minister may waive or refund payment of all or part of any
fee, charge, rental payment or contribution payable under this Act
or the regulations, if the Minister considers it is appropriate to
do so.
[139] Schedules 1B and 1C
Insert after Schedule 1A:
Schedule 1B Priority species and commercial
quantities of fish
(Section 14A)
Part 1 Prohibited size fish offences
Division 1 Fish--marine or estuarine
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Achoerodus viridis Groper, blue, red or brown 5
Seriola lalandi Kingfish, yellow tail 10
Scomberomorus Mackerel, Spanish or 10 comprised wholly of
commerson narrow barred a single species or a
combination of species
Scomberomorus munroi Mackerel, spotted
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Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Argyrosomus japonicus Mulloway 10
Atractoscion aequidens Teraglin 10
Pagrus auratus Snapper 20
Division 2 Fish--freshwater or estuarine
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Macquaria ambigua Golden perch 20
Maccullochella peeli Murray cod 10
Anguilla reinhardtii Eel, longfinned 20 comprised wholly of
a single species or a
Anguilla australis Eel, shortfinned combination of species
Division 3 Invertebrates
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Haliotis rubra Abalone 10
Scylla serrata Crab, mud, black or 10
mangrove
Jasus verreauxi Lobster, eastern rock 5 comprised wholly of a
single species or a
Jasus edwardsii Lobster, southern rock combination of species
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Division 4 Invertebrates--freshwater
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Euastacus armatus Murray crayfish 20
Part 2 Bag limit offences
Division 1 Fish--marine or estuarine
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Rexea solandri Gemfish 5
Polyprion oxygenios Hapuka 6 comprised wholly of
a single species or a
Hyperoglyphe Trevalla combination of species
Epinephelus ergastularius Banded rockcod
Polyprion americanus Bass grouper
Achoerodus viridis Groper, blue, red or brown 5
Seriola lalandi Kingfish, yellow tail 10
Scomberomorus Mackerel, Spanish or 10 comprised wholly
commerson narrow barred of a single species or a
combination of species
Scomberomorus munroi Mackerel, spotted
Argyrosomus japonicus Mulloway 10
Atractoscion aequidens Teraglin 10
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Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
All species of shark (other Shark (other than wobbegong (a) 2 tiger sharks,
than wobbegong shark) shark) 2 mako sharks,
2 blue sharks,
2 hammerhead
sharks or
2 whaler sharks,
or
(b) 10 comprised
wholly of a
single species of
shark not
referred to in
paragraph (a)
(other than
wobbegong
shark), or
(c) 10 comprised of
a combination
of any species
of shark (other
than wobbegong
shark)
Pagrus auratus Snapper 20
Thunnus alalunga Tuna, albacore 10 comprised wholly
of a single species or a
Thunnus obesus Tuna, bigeye combination of species
Thunnus tonggol Tuna, longtail
Thunnus maccoyii Tuna, southern bluefin
Thunnus albacares Tuna, yellowfin
Division 2 Fish--freshwater or estuarine
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Macquaria ambigua Golden perch 20
Maccullochella peeli Murray cod 10
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Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Anguilla reinhardtii Eel, longfinned 20 comprised wholly
of a single species or a
Anguilla australis Eel, shortfinned combination of species
Division 3 Invertebrates
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Haliotis rubra Abalone 10
Scylla serrata Crab, mud, black or 10
mangrove
Jasus verreauxi Lobster, eastern rock 5 comprised wholly of
a single species or a
Jasus edwardsii Lobster, southern rock combination of species
Division 4 Invertebrates--freshwater
Column 1 Column 2 Column 3
Species of fish Common name Commercial
quantity
Euastacus armatus Murray crayfish 20
Schedule 1C Indictable species and indictable
quantities
(Section 21A)
Column 1 Column 2 Column 3
Species of fish Common name Indictable quantity
Haliotis rubra Abalone 50
Jasus verreauxi Lobster, eastern rock 20
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[140] Schedules 6B and 6C
Insert after Schedule 6A:
Schedule 6B Diseases affecting fish and marine
vegetation
(Section 182)
Part 1 Class A diseases
Division 1 Diseases affecting finfish
Epizootic haematopoietic necrosis--EHN virus
Epizootic haematopoietic necrosis--European catfish virus, European
sheatfish virus
Infectious haematopoietic necrosis
Oncorhynchus masou virus disease
Spring viraemia of carp
Viral haemorrhagic septicaemia
Channel catfish virus disease
Viral encephalopathy and retinopathy
Infectious pancreatic necrosis
Infectious salmon anaemia
Epizootic ulcerative syndrome (Aphanomyces invadans)
Bacterial kidney disease (Renibacterium salmoninarum)
Enteric septicaemia of catfish (Edwardsiella ictaluri)
Piscirickettsiosis (Piscirickettsia salmonis)
Gyrodactylosis (Gyrodactylus salaris)
Red sea bream iridoviral disease
White sturgeon iridoviral disease
Furunculosis (Aeromonas salmonicida subsp. salmonicida)
Aeromonas salmonicida--atypical strains
Whirling disease (Myxobolus cerebralis)
Enteric redmouth disease (Yersinia ruckeri--Hagerman strain)
Koi herpesvirus disease
Grouper iridoviral disease
Division 2 Diseases affecting crustaceans
Taura syndrome
White spot disease
Yellowhead disease--yellowhead virus
Gill-associated virus
Tetrahedral baculovirosis (Baculovirus penaei)
Spherical baculovirosis (Penaeus monodon-type baculovirus)
Infectious hypodermal and haematopoietic necrosis
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Crayfish plague (Aphanomyces astaci)
Spawner-isolated mortality virus disease
Necrotising hepatopancreatitis
Baculoviral midgut gland necrosis
White tail disease
Infectious myonecrosis
Milky lobster disease
Monodon slow growth syndrome
Division 3 Diseases affecting molluscs
Infection with Bonamia ostreae
Infection with Bonamia species
Infection with Bonamia exitiosa
Infection with Bonamia roughleyi
Infection with Mikrocytos mackini
Infection with Marteilia refringens
Infection with Marteilia sydneyi
Infection with Perkinsus marinus
Infection with Perkinsus olseni
Infection with Haplosporidium nelsoni
Infection with Haplosporidium costale
Abalone viral ganglioneuritis
Abalone viral mortality
Infection with Marteilioides chungmuensis
Infection with Xenohaliotis californiensis
Akoya oyster disease
Iridoviroses
Part 2 Class B diseases (Pests or parasites)
Division 1 Finfish
Species Common name
Oreochromis mossambicus Mozambique mouthbrooder
Tilapia zillii Redbelly tilapia
Tilapia mariae Black mangrove cichlid
Neogobius melanostomus Round goby
Siganus rivulatus Marbled spinefoot
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Division 2 Crustaceans
Species Common name
Eriocheir spp Chinese mitten crab
Charybdis japonica Lady crab
Hemigrapsus sanguineus Japanese shore crab, Asian shore crab
Hemigrapsus takanoi Pacific crab, brush-clawed shore crab
Hemigrapsus penicillatus Pacific crab, brush-clawed shore crab
Carcinus maenas European green crab, green shore crab
Balanus improvisus Barnacle
Division 3 Molluscs
Species Common name
Mytilopsis sallei Black-striped mussel
Perna viridis Asian green mussel
Perna perna Brown mussel
Perna canaliculus New Zealand green lipped mussel
Musculista senhousia Asian bag mussel, Asian date mussel
Potamocorbula amurensis Asian clam, brackish-water corbula
Varicorbula gibba European clam
Mya arenaria Soft shell clam
Ensis directus Jack-knife clam
Rapana venosa Rapa whelk
Crepidula fornicata American slipper limpet, slipper limpet
Maoricolpus roseus New Zealand screw shell
Division 4 Echinoderms
Species Common name
Asterias amurensis Northern Pacific seastar
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Division 5 Ascidians
Species Common name
Didemnum vexillum Colonial sea squirt
Division 6 Polychaetes
Species Common name
Marenzelleria spp. Red gilled mudworm
Sabella spallanzanii European fan worm
Division 7 Ctenophores
Species Common name
Mnemiopsis leidyi Comb jelly, sea walnut
Division 8 Marine vegetation
Species Common name
Undaria pinnatifida Japanese seaweed, wakame
Grateloupia turuturu Red macroalga
Sargassum muticum Asian seaweed
Codium fragile spp. tomentosoides Green macroalga, dead man's fingers
Division 9 Holoplankton
Species Common name
Pfiesteria piscicida Toxic dinoflagellate
Pseudo-nitzschia seriata Pennate diatom
Dinophysis norvegica Toxic dinoflagellate
Alexandrium monilatum Toxic dinoflagellate
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Fisheries Management Amendment Bill 2009
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Species Common name
Chaetoceros concavicornis Centric diatom
Chaetoceros convolutus Centric diatom
Schedule 6C Noxious fish and noxious marine
vegetation
(Section 209A)
Part 1 Noxious fish
Division 1 Class 1 Noxious fish
Column 1 Column 2 Column 3
Species Common name Waters
Acestrorhynchus microlepis All waters
(Acestrorhynchidae family)
Hydrocynus spp. (Alestiidae Pike characin, All waters
family) giant tigerfish
Amia calva (Amiidae family) Bowfin All waters
Anabas testudineus (Anabantidae Climbing perch All waters
family)
Anaspidoglanis macrostoma Flatnose catfish All waters
(Bagridae family)
Bagrus ubangensis (Bagridae Ubangi shovelnose All waters
family) catfish
Procambarus clarkii (Cambaridae Red swamp crayfish All waters
family)
Centrachidae family All waters
Centropomus spp. Snook All waters
(Centropomidae family)
Lates microlepis (Centropomidae Forktail lates All waters
family)
Lates niloticus (Centropomidae Nile perch All waters
family)
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Column 1 Column 2 Column 3
Species Common name Waters
Chaca chaca (Chacidae family) Angler, frogmouth and All waters
squarehead catfish
Channa spp. (Channidae family) Snake head All waters
Colossoma spp. (Characidae All waters
family)
Serrasalmus spp. (Characidae Redeye piranha All waters
family)
Pygocentrus spp. (Characidae Red piranha All waters
family)
Boulengerochromis microlepis Giant cichlid, All waters
(Cichlidae family) yellow belly cichlid
Oreochromis spp. (Cichlidae Tilapia All waters
family)
Hemichromis fasciatus (Cichlidae Banded jewelfish All waters
family)
Sargochromis spp. (Cichlidae Pink, slender, All waters
family) greenwood, mortimer,
cunean, green happy
Sarotherodon spp. (Cichlidae Blackchin tilapia All waters
family)
Serranochromis spp. (Cichlidae All waters
family)
Tilapia spp. (except T. buttikoferi) Redbelly tilapia All waters
(Cichlidae family)
Ichthyborinae subfamily African pike-characin, All waters
(Citharinadae family) tubenose poacher,
fin eater
Clarias spp. (Clariidae family) Walking catfish All waters
Misgurnus anguillicaudatus Weatherloach, All waters
(Cobitidae family) oriental weatherloach
Aristichthys nobilis (Cyprinidae Bighead carp All waters
family)
Barbodes hexagonolepis Copper mahseer All waters
(Cyprinidae family)
Catla catla (Cyprinidae family) Catla All waters
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Fisheries Management Amendment Bill 2009
Amendment of Fisheries Management Act 1994 No 38 Schedule 1
Column 1 Column 2 Column 3
Species Common name Waters
Catlocarpio siamensis Giant barb All waters
(Cyprinidae family)
Cirrhinus cirrhosus (Cyprinidae Mrigal All waters
family)
Ctenopharyngodon idella Grass carp All waters
(Cyprinidae family)
Labeo calabasu (Cyprinidae Orange fin labeo All waters
family)
Labeo rohita (Cyprinidae family) Rohu All waters
Zacco platypus (Cyprinidae Freshwater minnow All waters
family)
Hypophthalmichthys molitrix Silver carp All waters
(Cyprinidae family)
Tor spp. (Cyprinidae family) River carp, deccan, All waters
high backed, jungha,
putitor, Thai mahseer
Notropis spp. (Cyprinidae family) Shiner All waters
Phoxinus erythrogaster Southern redbelly dace All waters
(Cyprinidae family)
Oxydoras spp. (Doradidae family) Ripsaw catfish, All waters
black doras,
black shielded catfish
Mytilopsis spp. (Dreissenidae Black striped mussel All waters
family)
Elassoma spp. (Elassomatidae Pygmy sunfish All waters
family)
Oxyeleotris marmorata Marble goby All waters
(Eleotridae family)
Erythrinus spp. (Erythrinadae All waters
family)
Hoplerythrinus spp. Aimira All waters
(Erythrinadae family)
Hoplias spp. (Erythrinadae Trahira All waters
family)
Esox spp. (Esocidae family) Pike All waters
Page 59
Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
Column 1 Column 2 Column 3
Species Common name Waters
Pungitius pungitius Ninespine stickleback All waters
(Gasterosteidae family)
Apeltes quadracus Four spined stickleback All waters
(Gasterosteidae family)
Culaea inconstans All waters
(Gasterosteidae family)
Acanthogobius flavimanus Yellow fin goby All waters
(Gobiidae family)
Tridentiger trigonocephalus Chameleon goby, All waters
(Gobiidae family) striped goby,
Japanese goby
Gymnarchus niloticus Aba aba All waters
(Gymnarchidae family)
Electrophorus electricus Electric eel All waters
(Gymnotidae family)
Hepsetus odoe (Hepsetidae African pike All waters
family)
Heteropneustes fossilis Stinging catfish All waters
(Heteropneustidae family)
Atractosteus spp.(Lepisosteidae American gar, All waters
family) armoured gar,
alligator gar
Malapterurus spp. Electric catfish All waters
(Malapteruridae family)
Mormyrops anguilloides Bottlenose, cornish jack All waters
(Mormyridae family)
Belonesox belizanus (Poeciliidae Pike minnow, All waters
family) pike killifish
Gambusia spp. (excluding Mosquitofish All waters
Gambusia holbrooki) (Poeciliidae
family)
Polyodon spathula Mississippi paddlefish All waters
(Polyodontidae family)
Psephurus gladius Chinese swordfish All waters
(Polyodontidae family)
Protopterus annectens African lungfish All waters
(Protopteridae family)
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Column 1 Column 2 Column 3
Species Common name Waters
Schilbe mystus (Schilbeidae African butter catfish All waters
family)
Silurus spp. (Siluridae family) European catfish, All waters
wels catfish
Paravandelia oxyptera Parasitic catfish All waters
(Trichomycteridae family)
Valencia hispanica (Valenciidae Valencia toothcarp All waters
family)
Division 2 Class 2 Noxious fish
Column 1 Column 2 Column 3
Species Common name Waters
Amniataba percoides Banded grunter All waters
(Terapontidae family)
Crassostrea gigas (Ostreidae Pacific oyster Estuarine and ocean
family) waters (other than
Port Stephens)
Phalloceros caudimaculatus Speckled mosquitofish, All waters
(Poeciliidae family) dusky millions fish
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Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
Division 3 Class 3 Noxious fish
Column 1 Column 2 Column 3
Species Common name Waters
Gambusia holbrooki Plague minnow, Waters in the local
(Poeciliidae family) eastern gambusia government areas of
Ashfield, Auburn,
Bankstown, Baulkham
Hills, Blacktown,
Botany Bay, Burwood,
Camden,
Campbelltown, Canada
Bay, Canterbury, City of
Sydney, Fairfield,
Gosford, Holroyd,
Hornsby, Hunters Hill,
Hurstville, Kogarah,
Ku-ring-gai, Lake
Macquarie, Lane Cove,
Leichhardt, Liverpool,
Manly, Marrickville,
Mosman, Newcastle,
North Sydney,
Parramatta, Penrith,
Pittwater, Randwick,
Rockdale, Ryde,
Strathfield, Sutherland,
Warringah, Waverley,
Willoughby,
Wollongong, Woollahra
and Wyong
Cyprinus carpio European carp, All waters
(Cyprinidae family) common carp, carp,
ornamental Koi carp
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Amendment of Fisheries Management Act 1994 No 38 Schedule 1
Part 2 Noxious marine vegetation
Division 1 Class 1 Noxious marine vegetation
Column 1 Column 2 Column 3
Species Common name Waters
Caulerpa taxifolia Caulerpa All waters
(Caulerpaceae family)
[141] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Fisheries Management Amendment Act 2009
[142] Schedule 7, clause 6AB
Insert after clause 6AA:
6AB Changes to maximum penalties
An amendment made to this Act by the Fisheries Management
Amendment Act 2009 that provides for an increased maximum
penalty for a second or subsequent offence against this Act
applies to a second or subsequent offence that occurs after that
amendment (including in a case where the previous offence
occurred before the amendment).
[143] Schedule 7, clause 14A
Insert after clause 14:
14A Changes to co-operative arrangements
The amendments made to section 7 and Part 5 of this Act by the
Fisheries Management Amendment Act 2009 extend to
arrangements made under Division 3 of that Part before the
commencement of those amendments.
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Fisheries Management Amendment Bill 2009
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
[144] Schedule 7, clauses 15A-15C
Insert after clause 15:
15A Applications for aquaculture leases
The amendments made to section 163 by the Fisheries
Management Amendment Act 2009 apply only to applications for
aquaculture leases that are made on or after the commencement
of the amendments.
15B Overdue rental
The amendment made to section 166 by the Fisheries
Management Amendment Act 2009 applies only to rental
payments that first become due on or after the commencement of
the amendment.
15C Cancellation of leases by Minister
The amendment made to section 177 by the Fisheries
Management Amendment Act 2009 extends to leases that were
entered into before the commencement of the amendment and to
any rental or other payments that are overdue on the
commencement of the amendment.
[145] Schedule 7, clause 17AB
Insert after clause 17AA:
17AB Requirement to notify construction, alteration or modification of
dams, weirs and reservoirs
Section 218 (5B), as inserted by the Fisheries Management
Amendment Act 2009, applies in respect of any works for the
construction, alteration or modification of a dam, weir or
reservoir on a waterway that are first commenced after the
commencement of that subsection.
[146] Schedule 7, clauses 21A-21C
Insert after clause 21:
21A Local court forfeiture powers
The amendment made to section 269 by the Fisheries
Management Amendment Act 2009 applies only in respect of an
offence committed on or after the commencement of the
amendment.
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21B Prohibition orders (2009 changes)
(1) A court has power to make an order under section 282C, as in
force after the substitution of section 282C (1) by the Fisheries
Management Amendment Act 2009, if the court convicts a repeat
offender of a fisheries offence committed on or after that
substitution (it does not matter that the other fisheries offences of
which the repeat offender has been convicted were committed
before that substitution).
(2) A court continues to have power to make an order under
section 282C, as in force immediately before the substitution of
section 282C (1) by the Fisheries Management Amendment Act
2009, if the court convicts a repeat offender of a fisheries offence
committed before that substitution.
21C Restoration orders
Division 8 of Part 9, as inserted by the Fisheries Management
Amendment Act 2009, applies only in respect of offences
committed on or after the commencement of that Division.
[147] Schedule 7, clause 26
Insert after clause 25:
26 References to Local Court
On the date on which the Local Courts Act 1982 is repealed by
the Local Court Act 2007 a reference in this Act:
(a) to a Local Court is to be read as a reference to the Local
Court constituted by the Local Court Act 2007, and
(b) to the Local Courts Act 1982 is to be read as a reference to
the Local Court Act 2007.
Page 65
Fisheries Management Amendment Bill 2009
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
2.1 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Insert after clause 10B in Part 6 of Table 2:
10C Trafficking in fish
An offence under section 21B of the Fisheries Management Act
1994.
2.2 Land and Environment Court Act 1979 No 204
Section 19 Class 3--land tenure, valuation, rating and compensation
matters
Omit "or 202" from section 19 (g1). Insert instead ", 202 or 220AA".
2.3 Local Court Act 2007 No 93
Section 3 Definitions
Insert after paragraph (h) of the definition of criminal proceedings in
section 3 (1):
(i) proceedings on an appeal against an order under
section 282I of the Fisheries Management Act 1994.
2.4 Local Courts Act 1982 No 164
Section 36 Proceedings to which Part does not apply
Insert after section 36 (2) (e):
(f) proceedings on an appeal against an order under
section 282I of the Fisheries Management Act 1994.
Page 66
Fisheries Management Amendment Bill 2009
Amendment of other Acts Schedule 2
2.5 Marine Parks Act 1997 No 64
[1] Section 36 Application of Fisheries Management Act 1994
Insert at the end of section 36 (2) (d):
, and
(e) a reference to a forfeiture offence is to be read as a
reference to an offence against this Act or the regulations
that is declared by the regulations to be a forfeiture
offence.
[2] Section 39 Proceedings for offences
Omit "$20,000" from section 39 (2). Insert instead "$22,000".
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Fisheries Management Amendment Act 2009
[4] Schedule 3, Part 5
Insert after clause 11:
Part 5 Provision consequent on enactment of
Fisheries Management Amendment Act
2009
12 Penalties imposed by Local Court
The amendment made to section 39 (2) by the Fisheries
Management Amendment Act 2009 applies only in respect of an
offence committed on or after the commencement of the
amendment.
Page 67
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