Division 1 The Minister and Director-General
222A Minister and Director-General to administer Act in accordance with its objects
In the administration of this Act, the Minister and the Director-General are to give effect to the objects of this Act.
222B Fisheries Administration Ministerial Corporation
(1) There is constituted by this section a corporation with the corporate name of the Fisheries Administration Ministerial Corporation for the purpose of the Minister exercising the functions conferred under the following sections:(a) section 223 (Minister may acquire land),(b) section 224 (Acquisition of land for purposes of a future lease grant),(c) section 225 (Minister may carry out or assist research),(d) section 226 (Minister may accept gifts etc).(2) The Fisheries Administration Ministerial Corporation has such other functions as are conferred by or under this or any other Act.(3) The affairs of the Fisheries Administration Ministerial Corporation are to be managed by the Minister.(4) Any act, matter or thing done in the name of, or on behalf of, the Fisheries Administration Ministerial Corporation by the Minister, or with the authority of the Minister, is taken to have been done by that Corporation.
(1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) The Minister may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 in respect of public water land without the appropriate consent.(3) For the purposes of subsection (2), the appropriate consent is:(a) in relation to public water land that is within a dam or reservoir used primarily for domestic water supply or within an area designated by or under an Act as a catchment area in respect of such a dam or reservoir—the consent of:(i) the authority controlling the dam or reservoir, and(ii) the Ministers respectively administering the Public Health Act 1991 and the Public Works Act 1912, and(b) in relation to public water land that is Crown land—the consent of the Minister administering the Crown Lands Act 1989, and(c) in relation to public water land (other than that referred to in paragraph (a)) that is vested in a public authority or in trustees for a public purpose—the consent of that authority or those trustees.(4) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work, and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.(5) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.
224 Acquisition of land for purposes of a future lease grant
(1) The Minister may also, on behalf of the Crown, acquire land (including an interest in land) for the purposes of a future lease grant by agreement or compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) An acquisition for a future lease grant is an acquisition to enable the grant of an aquaculture lease.(3) In the case of an acquisition of public water land that is not vested in the Minister, the Minister must first obtain the appropriate consent referred to in section 223.(4) On the publication in the Gazette of an acquisition notice for a purpose that is described as an acquisition for a future lease grant, the land described in the notice:(a) if Crown land, remains Crown land, or(b) if held by trustees for public recreation or for any other public purpose, vests in the Minister but subject to the trusts on which it was held immediately before that publication.(5) Nothing in this section is to be taken to mean that the Minister cannot exercise functions in relation to land under this Act unless the Minister first compulsorily acquires the land concerned.(6) Section 223 (4) and (5) apply to an acquisition under this section.
225 Minister may carry out or assist research
The Minister may undertake research for the purposes of this Act and, in particular, may:(a) establish and maintain, or assist in establishing or maintaining, scientific stations at which the research may be undertaken, and(b) carry out, or assist in the carrying out of, investigations into any biological or other problem associated with fisheries, and(c) carry out, or assist in the carrying out of, investigations into aquaculture.
226 Minister may accept gifts etc
(1) The Minister has power to acquire by gift, devise or bequest, any property for the purposes of this Act.(2) The Minister may agree to the condition to which any such gift, devise or bequest is subject.(3) The rule of law relating to perpetuities does not apply to any condition to which the Minister has agreed under this section.(4) Any property acquired under this section is, to the extent to which it has not been applied in conformity with any such gift, devise or bequest, to pass to and devolve on the successors in office of the Minister.(5) If the Minister has agreed to the condition of any such gift, devise or bequest, that condition binds the property in the hands of any successor in office of the Minister in whom the property may be vested.
(1) The Minister may delegate to the Director-General any function of the Minister under this Act, other than this power of delegation.(2) The Minister may also delegate to the Director-General any function of the Minister under Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979 (other than the function of making a determination under that Division with respect to a designated fishing activity).
228 Delegation by Director-General
(1) The Director-General may delegate to any authorised person any function of the Director-General under this Act, other than this power of delegation.(2) The Director-General may subdelegate to any authorised person any function delegated to the Director-General by the Minister if the Director-General is authorised to do so by the Minister.(3) In this section, authorised person means a public servant, or any person authorised by the regulations.
228A–228C(Repealed)
229 Ministerial advisory bodies
(1) The Minister may, subject to and in accordance with the regulations, establish advisory councils, including advisory councils for the commercial, recreational, research and aquacultural sectors of the fishing industry.(2) The members of any such advisory council are to be appointed by the Minister in accordance with the regulations.(3) The functions of any such advisory council are:(a) to advise the Minister on any matter that is referred to it by the Minister, and(b) to advise the Minister on any other matter it considers relevant to the fishing industry sector for which it is established.
230 Management Advisory Committees for fisheries
(1) The Minister may, subject to and in accordance with the regulations, establish a Management Advisory Committee for a share management fishery or restricted fishery, or any such proposed fishery.(2) The members of a Management Advisory Committee are to be appointed by the Minister and are to be:(a) commercial fishers (or other prescribed persons) elected in accordance with the regulations by shareholders or commercial fishers, or persons who are likely to be shareholders or commercial fishers, in the fishery, and(b) persons representing other interested groups determined by the Minister in accordance with the regulations, and(c) a person appointed as chairperson of the Committee, being a person who is neither engaged in the administration of this Act nor engaged in commercial fishing in the fishery.(3) The chairperson of a Management Advisory Committee is entitled to attend and chair meetings of the Committee but is not entitled to vote at any such meeting.(4) The functions of a Management Advisory Committee for a fishery are:(a) to advise the Minister on the preparation of any management plan, fishery management strategy or regulations for the fishery, and(b) to monitor whether the objectives of the management plan, the fishery management strategy or those regulations are being attained, and(c) to assist in a fishery review in connection with any new management plan, fishery management strategy or regulations, and(d) to advise on any other matter relating to the fishery.
The regulations may make provision for or with respect to the establishment, composition, functions and procedure of any advisory council or committee under this Division.
Division 3 Special fisheries trust funds
In this Division:recreational fishing fees means the fishing fees paid under Division 4A of Part 2 and any other fees or payments received in connection with the administration of that Division.
trust fund means an account in the Special Deposits Account established by section 233.
233 Establishment of trust funds
(1) The following accounts are established in the Special Deposits Account:(a) a Recreational Fishing (Freshwater) Trust Fund,(b) a Recreational Fishing (Saltwater) Trust Fund,(c) a Commercial Fishing Trust Fund,(c1) a Charter Fishing Trust Fund,(d) a Fish Conservation Trust Fund,(e) an Aquaculture Trust Fund.(2) Money in a trust fund is under the control of the Minister and can be expended by the Minister only for the purposes authorised by this Division.
234 Recreational Fishing (Freshwater) Trust Fund
(1) There is to be paid into the Recreational Fishing (Freshwater) Trust Fund:(a) any amount or proportion of the recreational fishing fees that is allocated to that Fund by the Minister under this section, and(a1) all other payments received in connection with the administration of Part 2 (including fees and charges paid under Part 2 or the regulations made under that Part) that are not required to be paid into any other trust fund, and(b) the proceeds of the sale of tags, or other identification, to be used on fish taken by recreational freshwater fishers, and(c) any gift or bequest of money for the purposes of that Fund, and(d) any other money appropriated by Parliament for the purposes of that Fund or required by law to be paid into that Fund.(2) There may be paid out of that Fund:(a) the costs of stocking freshwater with fish, or taking other measures, to enhance recreational fishing, and(b) the costs of carrying out research into freshwater fish and their ecosystems, and(c) the costs of management and administration of recreational freshwater fishing (including commission for authorised agents collecting recreational freshwater fishing fees), and(d) the costs of ensuring compliance with recreational freshwater fishing regulatory controls, and(e) the costs of providing third-party insurance coverage for landowners where recreational fishers use private land (or water over private land) for freshwater fishing, and(f) the costs of consultative arrangements with freshwater recreational fishers.(3) The Minister may, from time to time, determine the amount or proportion of the recreational fishing fees to be allocated to that Fund.(4) The Minister is to consult a relevant advisory council on recreational fishing established under section 229 about:(a) the allocation of recreational fishing fees to that Fund, and(b) policies and priorities for expenditure from that Fund.
235 Recreational Fishing (Saltwater) Trust Fund
(1) There is to be paid into the Recreational Fishing (Saltwater) Trust Fund:(a) all fees paid for the registration of fishing gear used for recreational estuarine and marine fishing, and(b) the proceeds of the sale of tags, or other identification, to be used on fish taken by recreational estuarine and marine fishers, and(c) all recreational fishing fees, other than any amount or proportion of those fees allocated to the Recreational Fishing (Freshwater) Trust Fund, and(d) any gift or bequest of money for the purposes of that Fund, and(e) any other money appropriated by Parliament for the purposes of that Fund or required by law to be paid into that Fund.(2) There may be paid out of that Fund:(a) the costs of taking measures to enhance recreational estuarine and marine fishing, and(b) the costs of carrying out research into estuarine and marine fish and their ecosystems, and(c) the costs of management and administration of recreational estuarine and marine fishing, and(d) the costs of ensuring compliance with recreational estuarine and marine fishing regulatory controls, and(e) the costs of consultative arrangements with recreational estuarine and marine fishers.(3) The Minister is to consult any relevant advisory council on recreational fishing established under section 229 about policies and priorities for expenditure from that Fund.
236 Commercial Fishing Trust Fund
(1) There is to be paid into the Commercial Fishing Trust Fund:(a) all fees paid for commercial fishing licences, fishing boat licences and the registration of fishing gear used by commercial fishers, and(b) all fees and charges paid under Parts 3 and 4 and the regulations made under those Parts (other than community contributions by shareholders under section 77), and(c) the proceeds of the sale of tags, or other identification, to be used on fish taken by commercial fishers, and(d) fees for services provided by the Department to commercial fishers, and(e) any gift or bequest of money for the purposes of that Fund, and(f) any other money appropriated by Parliament for the purposes of that Fund or required by law to be paid into that Fund.(2) There may be paid out of that Fund:(a) the costs of taking measures to enhance the effective management of commercial fishing, and(b) the costs of carrying out research into commercial fishing, and(c) the costs of management and administration of commercial fishing, and(d) the costs of ensuring compliance with commercial fishing regulatory controls, and(e) the costs of consultative arrangements with commercial fishers.(3) The Minister is to consult any relevant advisory council on commercial fishing established under section 229 about policies and priorities for expenditure from that Fund.
236A Charter Fishing Trust Fund
(1) There is to be paid into the Charter Fishing Trust Fund:(a) all fees and charges paid under Part 4A and the regulations under that Part, and(b) any gift or bequest of money for the purposes of that Fund, and(c) any other money appropriated by Parliament for the purpose of that Fund or required by law to be paid into that Fund.(2) There may be paid out of that Fund:(a) the costs of taking measures to enhance charter fishing, and(b) the costs of carrying out research into charter boat fishing, and(c) the costs of management and administration of charter fishing boat operations, and(d) the costs of ensuring compliance with charter fishing boat regulatory controls, and(e) the costs of consultative arrangements with owners and operators of charter fishing boats.(3) The Minister is to consult any relevant advisory council established under section 229 about policies and priorities for expenditure from that Fund.
237 Fish Conservation Trust Fund
(1) There is to be paid into the Fish Conservation Trust Fund:(a) all fees and charges paid under Part 7 or 7A and the regulations made under those Parts, and(b) all fees and charges for inspections and reports by the Department relating to development proposals affecting fish habitat, and(c) any gift or bequest of money for the purposes of that Fund, and(d) any other money appropriated by Parliament for the purposes of that Fund or required by law to be paid into that Fund.(2) There may be paid out of that Fund:(a) the costs of taking measures to enhance fish habitat, and(b) the costs of carrying out research into fish habitat, and(c) the costs of management and administration of Part 7 or 7A and the regulations under those Parts, and(d) the costs of ensuring compliance with the regulatory controls under Part 7 or 7A and the regulations under those Parts.(3) The Minister is to consult any relevant advisory council on conservation established under section 229 about policies and priorities for expenditure from that Fund.
(1) There is to be paid into the Aquaculture Trust Fund:(a) all fees for aquaculture permits and all payments of rent for aquaculture leases, and(b) all other fees and charges paid under Part 6 and the regulations made under that Part (except annual contributions payable into the trust funds established under section 157), and(c) fees and charges for services provided by the Department to persons engaged in aquaculture, and(d) any gift or bequest of money for the purposes of that Fund, and(e) any other money appropriated by Parliament for the purposes of that Fund or required by law to be paid into that Fund.(2) There may be paid out of that Fund:(a) the costs of taking measures to enhance the management of aquaculture, and(b) the costs of carrying out research into aquaculture, and(c) the costs of management and administration of Part 6 and the regulations under that Part, and(d) the costs of ensuring compliance with the regulatory controls on aquaculture under Part 6 and the regulations under that Part, and(e) the costs of consultative arrangements with persons engaged in aquaculture.(3) The Minister is to consult any relevant advisory council on aquaculture established under section 229 about policies and priorities for expenditure from that Fund.
238A General provisions relating to consultation on expenditure from trust funds
The following provisions apply for the purposes of consultation with an advisory council that is required under this Division with respect to expenditure from a trust fund:(a) the Minister is to provide the advisory council with a draft expenditure budget,(b) the Minister is to give the advisory council at least 1 month to make any recommendations about the draft budget,(c) the Minister is to take any such recommendation into account before finalising the expenditure budget, and give the advisory council reasons for the rejection of any such recommendation.
238B Use of money in trust funds for environmental assessment and related expenses
The costs incurred in connection with environmental assessment under Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979 in respect of a fishery (including in connection with the preparation of a fishery management strategy) may be paid or reimbursed from the trust fund that relates to the fishery.
238C Use of money in trust funds for species impact statements
The costs incurred in connection with a species impact statement, prepared in relation to a Ministerial order made under Subdivision 1A of Division 6 of Part 7A in respect of a fishery, may be paid or reimbursed from a trust fund that relates to the fishery.
239 Report to Parliament on use of trust funds
The annual report of the Department responsible to the Minister for the administration of this Act is to include a report on the application of money in each trust fund during the reporting year.
239A Investment of money in trust funds
(1) The Minister is to invest money in a trust fund:(a) in the manner authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the Minister to invest the money—in any manner authorised for the investment of trust funds or approved by the Treasurer.(2) The proceeds of investment of money in a trust fund is to be paid into that fund.(3) Money in the trust funds may be invested as a common pool. The proceeds of investments are to be distributed rateably among the trust funds that contributed money to the common pool according to the amount contributed.(4) In subsection (3), trust fund includes the trust fund established under section 157.
239B Separate accounting for research
The Minister may establish a separate account in, or separate part of, a trust fund in connection with the payment of money into or out of that fund for the purposes of research.