This Act may be cited as the Fisheries Management Act 1994.
This Act commences on a day or days to be appointed by proclamation.
(1) The objects of this Act are to conserve, develop and share the fishery resources of the State for the benefit of present and future generations.(2) In particular, the objects of this Act include:(a) to conserve fish stocks and key fish habitats, and(b) to conserve threatened species, populations and ecological communities of fish and marine vegetation, and(c) to promote ecologically sustainable development, including the conservation of biological diversity,and, consistently with those objects:(d) to promote viable commercial fishing and aquaculture industries, and(e) to promote quality recreational fishing opportunities, and(f) to appropriately share fisheries resources between the users of those resources, and(g) to provide social and economic benefits for the wider community of New South Wales, 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.Note. At common law, the public has a right to fish in the sea, the arms of the sea and in the tidal reaches of all rivers and estuaries. The public has no common law right to fish in non-tidal waters—the right to fish in those waters belongs to the owner of the soil under those waters. However, the public may fish in non-tidal waters if the soil under those waters is Crown land. In the case of non-tidal waters in rivers and creeks, section 38 declares that the public has a right to fish despite the private ownership of the bed of the river or creek. However, the right to fish in tidal or non-tidal waters is subject to any restriction imposed by this Act.
(1) In this Act: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.
Aboriginal person means a person who:
(a) is a member of the Aboriginal race of Australia, and(b) identifies as an Aboriginal person, and(c) is accepted by the Aboriginal community as an Aboriginal person.aquaculture is defined in Part 6.
aquaculture lease means an aquaculture lease granted or renewed under Part 6.
aquaculture permit means an aquaculture permit issued and in force under Part 6.
Australian fishing zone has the same meaning as it has in the Commonwealth Act.
biological diversity means the diversity of life and is made up of the following 3 components:
(a) genetic diversity—the variety of genes (or units of heredity) in any population,(b) species diversity—the variety of species,(c) ecosystem diversity—the variety of communities or ecosystems.boat means any kind of vessel, however navigated.
category 1 share management fishery means a fishery specified in Part 1 of Schedule 1.
category 2 share management fishery means a fishery specified in Part 2 of Schedule 1.
charter fishing boat licence means a licence for a boat issued under Part 4A and in force.
commercial fisher means a person who holds a commercial fishing licence.
commercial fishing licence means a commercial fishing licence issued under Division 1 of Part 4 and in force.
Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth.
Crown land means Crown land within the meaning of the Crown Lands Act 1989.
cultivate includes propagate, hatch, breed, rear and farm.
Department means the Department of Industry and Investment.
Director-General means the Director-General of the Department.
ecologically sustainable development has the same meaning as under section 6 (2) of the Protection of the Environment Administration Act 1991.
examine includes count, measure, weigh and grade.
exercise a function includes perform a duty.
fish is defined in section 5.
fisheries officer means a person for the time being appointed under Part 9 as a fisheries officer for the purposes of this Act.
Note. Under Part 9, a police officer is also a fisheries officer for the purposes of this Act.fishery is defined in section 6.
fishing activity means the activity of taking fish, including:
(a) searching for fish, or(b) any activity that can reasonably be expected to result in the locating, aggregating or taking of fish, or(c) carrying fish by boat from the place where they are taken to the place where they are to be landed.fishing boat licence means a licence for a boat issued under Division 2 of Part 4 and in force.
fishing business is defined in section 34Q.
fishing business determination is defined in section 34Q.
fishing business transfer rules is defined in section 34T.
fishing closure is defined in section 8.
fishing gear means any equipment (other than a boat or aircraft) used for fishing activities.
foreign boat has the same meaning as it has in the Commonwealth Act.
freshwater means water in a river or creek that is not subject to tidal influence:
(a) including any body of freshwater that is naturally or artificially stored (such as a freshwater lake, lagoon, dam, reservoir, pond, canal, channel or waterway), but(b) not including any coastal lake that is intermittently open to tidal influence.The regulations may, for the purpose of avoiding doubt about the application of this definition, specify the point at which any river, creek or other body of water becomes subject to tidal influence.function includes a power, authority or duty.
habitat means any area occupied, or periodically or occasionally occupied, by fish or marine vegetation (or both), and includes any biotic or abiotic component.
leased area means the area that is the subject of an aquaculture lease.
Management Advisory Committee means a Management Advisory Committee for a fishery established under section 230.
management plan means:
(a) in relation to a share management fishery—a management plan for the fishery made under Division 5 of Part 3, or(b) in relation to any other fishery—a management plan under the regulations referred to in section 40 (2) (a).marine vegetation means any species of plant that at any time in its life must inhabit water (other than fresh water).
master of a boat means the master or other person for the time being in charge or command of the boat.
native title holder has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
net includes anything attached to a net.
noxious fish—see section 209.
noxious marine vegetation—see section 209.
owner of a fishing business is defined in section 34Q.
oyster means any bivalve mollusc of the family Ostreidae.
possession of a thing includes having the thing under control at any place, even though some other person has physical possession of the thing.
premises includes any structure, building or place, whether built on or not.
process fish means cut up, break up, shell, skin, shuck, purge, cook, pack, chill, freeze, can, preserve or otherwise treat or process fish.
prohibited size fish means a fish declared by the regulations under Division 2 of Part 2 to be a prohibited size fish.
public authority means a person or body established or constituted by an Act for a public purpose, and includes a Government Department, a local government authority or a state-owned corporation.
public water land means land submerged by water (whether permanently or intermittently), being:
(a) Crown land, or(b) land vested in a public authority, or(c) land vested in trustees for public recreation or for any other public purpose, or(d) land acquired by the Minister under Division 1 of Part 8,but does not include land which is the subject of an aquaculture lease or land of which a person has exclusive possession under a lease under any other Act.records includes documents containing financial or any other kind of information.
Note.The Interpretation Act 1987 defines document to include not only paper but also computer or other electronic records.
recreational fisher means a fisher who takes fish by any method, otherwise than for sale.
registered fish receiver means a fish receiver registered under Division 4 of Part 4.
registered native title body corporate has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
registered native title claimant has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
restricted fishery means an exploratory, developmental or other restricted fishery declared under Division 3 of Part 4.
sell includes:
(a) sell by wholesale, retail, auction or tender, or(b) barter or exchange, or(c) supply for profit, or(d) offer for sale, receive for sale or expose for sale, or(e) consign or deliver for sale, or(f) have in possession for sale, or(g) cause or allow any of the above to be done.Share Appeal Panel means the Share Management Fisheries Appeal Panel constituted under Division 9 of Part 3.
share management fishery means a fishery specified in Schedule 1.
share management plan means a management plan for a share management fishery.
Share Register means the Share Management Fisheries Register kept in accordance with Division 10 of Part 3.
species of fish includes fish that are of variety, domesticated form or hybrid of the species.
supporting plan, in relation to a share management fishery, means a supporting plan made under Division 5 of Part 3.
TAC Committee means the Total Allowable Catch Setting and Review Committee established under Division 4 of Part 2.
take fish includes:
(a) catch or kill fish, or(b) gather or collect fish, or(c) remove fish from any rock or other matter,or attempt to do so.vehicle includes aircraft, caravan or trailer.
(2) In this Act, a reference to taking fish for sale includes a reference to taking fish for use as bait in taking fish for sale.(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.Note. Penalties for offences are expressed in penalty units. Under the Crimes (Sentencing Procedure) Act 1999, the amount of a penalty unit is currently $110.
(1) In this Act, fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).(2) In this Act, fish includes:(a) oysters and other aquatic molluscs, and(b) crustaceans, and(c) echinoderms, and(d) beachworms and other aquatic polychaetes.(3) In this Act, fish also includes any part of a fish.(4) However, in this Act, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations.
(1) In this Act, fishery means a class of fishing activity.(2) For the purposes of this Act, a fishery may be identified by reference to any one or more of the following:(a) a species or other class of fish,(b) an area of waters or seabed,(c) a method of fishing,(d) a class of boat,(e) a class of persons,(f) a purpose of activities.
(1) This Act applies:(a) in relation to all waters that are within the limits of the State, and(b) except for purposes relating to a fishery, or a part of a fishery, that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Division 3 of Part 5 and except for purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone, and(c) for purposes relating to a fishery, or a part of a fishery, that is managed in accordance with the law of the State pursuant to an arrangement under Division 3 of Part 5—in relation to any waters to which the legislative powers of the State extend with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise, and(d) for purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat (other than recreational activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act)—in relation to any waters to which the legislative powers of the State extend with respect to such activities.Note. In many cases the legislative powers of the State will extend beyond three nautical miles, particularly in relation to recreational fishing.(2) This section is subject to any express limitations in this Act.(3) This Act is intended to have extraterritorial application in so far as the legislative powers of the State permit.Note. Section 7 and Part 5 implement Commonwealth/State arrangements with respect to fisheries and are in the same form as the fisheries legislation of other States and Territories.