Division 3 Special fisheries trust funds

232   Definitions

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, maintain or protect 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, maintain or protect 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, maintain or protect 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, maintain or protect 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, maintain or protect 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.

238   Aquaculture Trust 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, maintain or protect 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.