Schedule 7 Savings, transitional and other provisions
(Section 291)
In this Schedule:the 1935 Act means the Fisheries and Oyster Farms Act 1935.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:This Act
Fisheries Management Amendment (Advisory Bodies) Act 1996
Fisheries Management Amendment Act 1997
Fisheries Management and Environmental Assessment Legislation Amendment Act 2000
Threatened Species Legislation Amendment Act 2004, to the extent that it amends this Act
Fisheries Management and Planning Legislation Amendment (Shark Meshing) Act 2008
Primary Industries Legislation Amendment (Biosecurity) Act 2012
any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.(3) To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of the person existing before the date of publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of publication.
Part 3 Provisions relating to fishing closures etc
3 Saving of existing fishing closures under sec 18 of 1935 Act
(1) A notification made under section 18 of the 1935 Act and in force immediately before the repeal of that section by this Act is taken to be a notification of a fishing closure under Division 1 of Part 2 of this Act.(2) Any such fishing closure remains in force, subject to this Act, for the balance of the period of the notification under section 18 of the 1935 Act or for the period of 5 years from the commencement of Division 1 of Part 2 of this Act, whichever is the shorter.
4 Saving of existing net fishing closure under section 19 of 1935 Act (Brisbane Waters, Port Hacking etc)
(1) The prohibitions contained in section 19 of the 1935 Act immediately before the repeal of that section by this Act are taken to be a fishing closure under Division 1 of Part 2 of this Act in the terms set out in that section.(2) That fishing closure does not expire and may not be amended or revoked by a further fishing closure under Division 1 of Part 2 of this Act.(3) The regulations may prohibit or regulate net fishing in waters to which that fishing closure applies and, in that case, may revoke that fishing closure.
5 Saving of existing closures under section 21 of the 1935 Act (close seasons)
On the repeal of section 21 of the 1935 Act, a fishing closure in the terms set out in that section is taken to have been notified under Division 1 of Part 2 of this Act. That closure expires, and may be amended or revoked, in accordance with that Division.
6 Saving of existing scientific permits
A permit issued under section 15 of the 1935 Act and in force immediately before the repeal of that section is taken to be a permit issued under section 37 of this Act.
6A Payment of recreational freshwater fishing fee before extension to saltwater fishing
(1) A recreational freshwater fishing fee paid under Division 4A of Part 2 of this Act before the substitution of that Division by the Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 is taken to be a recreational fishing fee paid under that Division, as so substituted, for the balance of the period after that substitution for which the recreational freshwater fishing fee was paid.(2) The official receipt issued for the payment of the recreational freshwater fishing fee is taken to be an official receipt under that Division, as so substituted, for the balance of that period.
6AA Continuation of fishing business determinations made before commencement
(1) Any determination made by the Director-General in respect of a fishing business that would have been validly made under section 34Q, had that section been in force at the time that it was made, is taken to have been made under that section and, accordingly, has effect as a fishing business determination.(2) The Director-General is not required to comply with section 34Q (8) in respect of such a determination if notice of the determination has already been given to the person or persons who, at the time of the determination, owned the business the subject of the determination.(3) Any number allocated to a fishing business pursuant to such a determination is taken to have been allocated under section 34R.
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).
Part 3A Provisions relating to share management fisheries
6B Appeals to Share Appeal Panel in relation to restricted fishery determinations
(1) If a share management fishery referred to in Schedule 1 (as in force immediately after its amendment by the Fisheries Management Amendment Act 2006) was a restricted fishery, or any part of such a share management fishery was a restricted fishery, when shares in the fishery were provisionally issued, there is no appeal to the Share Appeal Panel in relation to determinations made under this Act in connection with that restricted fishery, if there was an opportunity for the person in respect of whom the determination was made to apply for an internal review of the determination after the determination was made.(2) The Share Appeal Panel is to refuse to hear an appeal in relation to any such determination.(3) In particular, this clause applies to the following determinations:(a) a determination as to the person’s eligibility for an endorsement on a commercial fishing licence that would authorise the person to take fish for sale in the restricted fishery,(b) a determination as to the catch history of the person, or the catch history of the person’s fishing business, made in connection with a determination as to eligibility for such an endorsement.(4) This clause applies in respect of any appeal by an applicant for shares in a share management fishery even if that applicant is not the person in respect of whom the earlier determination was made (for example, because the person acquired the relevant fishing business after the determination was made).(5) This clause extends to the following:(a) a share management fishery in which shares were provisionally issued before the commencement of this clause,(b) an appeal made to the Share Appeal Panel before the commencement of this clause, if the Share Appeal Panel has not commenced to hear the appeal.(6) In this clause:internal review means review by the Minister or by an officer or officers of the Department (whether conducted exclusively by officers of the Department or in conjunction with persons not employed within the Department), including the review provided for by Division 6 of Part 8 of the Fisheries Management (General) Regulation 1995 before its repeal.
Note. Division 6 of Part 8 of the Fisheries Management (General) Regulation 1995, now repealed, provided a procedure for the review of certain decisions made in respect of some of the fisheries set out in Schedule 1 when they were restricted fisheries.
6C Entitlement to shares—new category 1 share management fisheries
(1) This clause applies in respect of the following share management fisheries, as described in Schedule 1:(a) the ocean trawl fishery,(b) the ocean hauling fishery,(c) the ocean trap and line fishery,(d) the estuary general fishery,(e) the estuary prawn trawl fishery.(2) If the Minister is satisfied, in relation to a restricted fishery that becomes a share management fishery, that a person would have been entitled to an endorsement in the restricted fishery (otherwise than as the nominee or employee of another person) had the person applied for an endorsement before that fishery ceased to be a restricted fishery, the person is taken, for the purposes of section 50 (4), to have been entitled to take fish for sale in the fishery immediately before it ceased to be a restricted fishery.(3) The allocation of shares in the share management fishery to any such person is to be made having regard to what the Minister considers the entitlements of the person would have been had the person applied for an endorsement.(4) This clause ceases to apply in relation to a share management fishery when one of the following occurs (whichever happens first):(a) the management plan for the fishery commences,(b) all appeals to the Share Appeal Panel in connection with the issue of shares in the share management fishery are disposed of,(c) the period of 12 months from the commencement of this clause elapses.(5) In this clause:endorsement means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery.
6D Continuation of rental charge for access to new category 1 share management fisheries
(1) Section 77A is taken to apply in respect of each of the following share management fisheries, as described in Schedule 1, as if the fishery were a category 2 share management fishery:(a) the ocean trawl fishery,(b) the ocean hauling fishery,(c) the ocean trap and line fishery,(d) the estuary general fishery,(e) the estuary prawn trawl fishery.(2) A shareholder in such a fishery (within the extended meaning of that expression given by section 77A (8)) is required to pay the rental charge provided for by that section on and from 27 March 2004.(2A) A shareholder in a fishery (within the extended meaning of that expression given by section 77A (8)) is not required to pay a rental charge under section 77A in respect of any period that is after the beginning of the first period for which a community contribution for right of access to the fishery is payable under the management plan for the fishery.(3) For avoidance of doubt, a person is not required to pay a rental charge under section 77A (as applied by this clause) because the person is authorised to take fish, or to nominate a person to take fish, in the southern region of the ocean fish trawl restricted fishery.(4) Section 45E does not apply to a fishery to which this clause applies.(5) This clause has effect as if it had commenced on 27 March 2004.(6) In this clause:ocean fish trawl restricted fishery means the restricted fishery of that name declared by regulations under section 111.
southern region of the ocean fish trawl restricted fishery means that part of the fishery that is comprised of the use of an otter trawl net (fish) to take fish from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east from Barrenjoey Headland.
Note. Under section 77A a rental charge is payable for access to a category 2 share management fishery. On 27 March 2004 various category 2 share management fisheries were converted to category 1 share management fisheries. A new category 1 share management fishery called the ocean trawl fishery was also created. It is an amalgamation of the ocean prawn trawl fishery and part of the ocean fish trawl fishery. All the new category 1 fisheries are restricted fisheries in respect of which a rental charge was, before the changes, payable under section 77A. This clause continues the requirement to pay that rental charge until the commencement of the management plan for the fishery. (This clause does not apply in respect of the southern region of the ocean fish trawl restricted fishery because that part of the fishery has ceased to be a share management fishery.)
Anything done or omitted to be done, on or after 26 March 2004, in relation to a share management fishery that would have been validly done or omitted had the amendments made to this Act by the Fisheries Management Amendment Act 2004 been in force at the time that the thing was done or omitted, is validated.
6F Redefinition of ocean trawl fishery
Section 44 (2) does not apply to the omission of the description of the ocean trawl fishery from Schedule 1 by the Fisheries Management Amendment Act 2006. That is, shares in the fishery are not cancelled as a consequence of the amendments made to Schedule 1 by that Act but continue to have effect in respect of the fishery (as redefined by the amendments).
6G Application of amendments made by Fisheries Management Amendment Act 2006
(1) Section 68 (4B), as inserted by the Fisheries Management Amendment Act 2006, applies only to endorsements given after the commencement of that subsection.(2) The amendment made to section 69 (6) by the Fisheries Management Amendment Act 2006 applies only to nominations made after the commencement of the amendments.(3) The amendment made to section 76 (1) by the Fisheries Management Amendment Act 2006 does not affect the requirement to pay any management charge that became payable before the commencement of that amendment.
Part 4 Provisions relating to commercial fishing licences, boat licences, restricted fisheries and fishing records
7 Continuation of existing commercial fishing licences
A fishing licence issued to an individual under section 24C of the 1935 Act and in force immediately before the repeal of that section by this Act is taken to be a commercial fishing licence issued to that individual under this Act.
8 Continuation of existing criteria for obtaining commercial fishing licences
Until the regulations under this Act otherwise provide, a person who was eligible to be issued with a fishing licence under section 24C of the 1935 Act, immediately before the repeal of that section by this Act, is taken to be eligible to be issued with a commercial fishing licence under this Act.
9 Continuation of existing fishing boat licences
A boat licence under section 23 or 24 of the 1935 Act immediately before the repeal of that section by this Act is taken to be a fishing boat licence issued under this Act.
10 Transitional provisions relating to existing restricted fisheries under section 22A of 1935 Act
(1) A fishery which was a declared restricted fishery under section 22A of the 1935 Act immediately before the repeal of that section by this Act is taken to be a restricted fishery declared under Division 3 of Part 4 of this Act until the declaration is revoked by a regulation under that Division or it otherwise ceases to be a restricted fishery in accordance with this Act.(2) The maximum number of restricted fishery permits fixed under that section immediately before the repeal of that section is taken to be the maximum number of commercial fishing licences that may be endorsed in respect of the restricted fishery concerned (subject to the regulations under that Division).(3) A restricted fishery permit issued under that section and in force immediately before the repeal of that section is taken to be an endorsement on the commercial fishing licence of the holder of the permit, conferring the same authority and subject to the same conditions as the permit.(4) The regulations in force under that section immediately before its repeal are taken to be regulations made under this Act. A reference in those regulations to a permit is taken to be a reference to an appropriate endorsement.(5) As soon as practicable after the commencement of this clause, the Minister is to issue a replacement commercial fishing licence for licences to which this clause applies.
11 Transitional provisions relating to other existing restricted fisheries
(1) This section applies to fisheries comprising prawn trawling in each of the waters in which a fishing closure continued in force under this Schedule prohibits prawn trawling except by the use of a boat whose licence contains a condition authorising its use for prawn trawling in those waters.(2) Each of the fisheries to which this section applies is taken to be a restricted fishery declared under Division 3 of Part 4 of this Act until the declaration is revoked by a regulation under that Division or it otherwise ceases to be a restricted fishery in accordance with this Act.(3) The relevant condition of a licence with respect to such a fishery is taken to be an endorsement with respect to the restricted fishery under that Division.(4) The number of licences so endorsed with respect to such a fishery immediately before the repeal of section 23 of the 1935 Act is taken to be the maximum number of commercial fishing licences that may be endorsed in respect of that restricted fishery (subject to the regulations under that Division).(5) The Minister may extend this clause to a licence previously in force under section 23 of the 1935 Act if the licence ceased to be in force because of the loss of the boat or for other good cause.
A record made or kept under section 40DA or 42 of the 1935 Act before the repeal of that section by this Act is taken to be a record made or kept under Division 5 of Part 4 of this Act.
Any annual contribution that was payable under section 106, immediately before its repeal by the Fisheries Management Amendment Act 2006, remains payable despite the repeal of that section.
Part 5 Provisions relating to arrangements between Commonwealth and States on fisheries management
13 Existing Commonwealth and State arrangements
An arrangement in force under Division 3 of Part 1A of the 1935 Act immediately before the repeal of that Division by this Act is taken to be an arrangement made under Division 3 of Part 5 of this Act.
14 Commencement of Commonwealth Act
If Part 5 of the Commonwealth Act has not commenced before the commencement of Part 5 of this Act, a reference in Part 5 of this Act to a provision of the Commonwealth Act is to be construed as a reference to the corresponding provision of Part IVA of the Fisheries Act 1952 of the Commonwealth.
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.
Part 6 Provisions relating to aquaculture management
15 Transitional—existing leases and permits
(1) A lease granted under section 58 or 90D of the 1935 Act (including any such renewed lease) and in force immediately before the repeal of that section by this Act is taken to be an aquaculture lease granted under Part 6 of this Act.(2) A permit to operate a fish farm issued under section 90C of the 1935 Act and in force immediately before the repeal of that section by this Act is taken to be an aquaculture permit issued under Part 6 of this Act.(3) An oyster lease that is continued in force under this clause as an aquaculture lease also constitutes (subject to the clause) an aquaculture permit issued under Part 6 of this Act in respect of the operations authorised by the lease.(4) As soon as practicable after the commencement of this clause, the Minister is to grant a replacement aquaculture lease and issue a replacement aquaculture permit in accordance with Part 6 of this Act for leases and permits to which this clause applies.
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.
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.
Part 7 Provisions relating to protection of aquatic habitats
16 Continuation of existing aquatic reserves
(1) Any land that was, immediately before the commencement of Division 2 of Part 7 of this Act, an aquatic reserve under section 16A of the 1935 Act is taken to be an aquatic reserve declared under that Division.(2) Any such declaration is not invalid merely because the area that was declared to be an aquatic reserve comprised an area leased as an oyster farm or fish farm under the 1935 Act.
16A Management plans for aquatic reserves
Section 197A, as inserted by the Fisheries Management and Environmental Assessment Legislation Amendment Act 2000, extends to any aquatic reserve that was declared before the commencement of that section.
17 Existing authorisations relating to dredging and reclamation
Any consent issued by the Minister under Part 5B of the 1935 Act before the repeal of that Part by this Act is taken to be a permit issued by the Minister under Division 3 of Part 7 of this Act if the work to which the consent relates has not been completed before that repeal.
17A Preservation of regulations under section 204 (marine vegetation for which permit required for cutting etc)
(1) A regulation under section 204 that prescribes any marine vegetation for the purposes of Division 4 of Part 7 of the Act and that is in force immediately before the substitution of that Division by Schedule 1 to the Fisheries Management Amendment Act 1997 is taken to be a regulation prescribing that marine vegetation for the purposes of section 205.(2) This clause does not prevent the regulation from being amended or repealed.
17AA Change to definition of “harm” in section 204
(1) The amendment made to section 204 (2) by the Fisheries Management Amendment Act 2004 does not render unlawful the continuation of any activity (including a use of land) commenced before that amendment, and carried out under the authority of an approval, consent or other authority given under any law of the State, that would be lawful but for that amendment.(2) Without limiting subclause (1), the amendment made to section 204 (2) by the Fisheries Management Amendment Act 2004 does not render unlawful the continuation of any other activity commenced before that amendment, that would be lawful but for the amendment, for a period of 5 years after that commencement, if the scale of the activity is not increased.
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.
Part 7A Provisions relating to conservation of threatened species
17B Savings in respect of planning matters
(1) The amendments made to the Environmental Planning and Assessment Act 1979 by Schedule 6 to the Fisheries Management Amendment Act 1997 (the relevant amendments) do not affect:(a) any development consent granted before the commencement of the relevant amendments or any development carried out in accordance with such a consent, or(b) any activity to which Part 5 of the Environmental Planning and Assessment Act 1979 applies (or any approval for the carrying out of any such activity) if the provisions of that Part were complied with for that activity before the commencement of the relevant amendments.(2) If an application for development consent has not been finally determined on the commencement of the relevant amendments, the relevant amendments do not apply to the determination of the application or to any development carried out in accordance with a development consent granted on the determination of the application. However, the Minister for Urban Affairs and Planning may, by notice served on the consent authority, direct that all or any specified relevant amendments apply to the determination of the application.(3) If, in respect of any activity to which Part 5 of the Environmental Planning and Assessment Act 1979 applies (or any approval for carrying out any such activity):(a) an environmental impact statement was duly obtained before the commencement of the relevant amendments, but the provisions of that Part had not been fully complied with before that commencement, or(b) the Director-General of the Department of Urban Affairs and Planning had duly notified the person preparing an environmental impact statement before the commencement of the relevant amendments of requirements with respect to the form and contents of the statement, but the statement had not been obtained before that commencement,then the following provisions apply:(c) the statement (so long as it is obtained in accordance with the provisions of that Act as in force immediately before that commencement) is taken to have been obtained in accordance with that Act, as amended by the relevant amendments,(d) the relevant amendments do not apply to the carrying out of the activity or any approval for the carrying out of the activity.(4) Subclause (3) does not apply to an activity that has not been carried out before the commencement of the relevant amendments to the extent that the Minister for Urban Affairs and Planning (by notice served on the person obtaining the statement concerned) so directs.(5) This clause applies to amendments made to Schedule 4, 5 or 6 to this Act (by order or otherwise) in the same way as it applies to the relevant amendments made to the Environmental Planning and Assessment Act 1979.
17C Referral of proposed final determinations to Minister
Sections 220L and 220M, as substituted by the Threatened Species Legislation Amendment Act 2004 extend to a matter pending under section 220L and not finally determined before the commencement of this clause.
17D Threatened Species Priorities Action Statements
The Director-General may exercise any function of the Director-General under Division 5A of Part 7A prior to the commencement of that Division, for the purpose of facilitating the adoption of a Threatened Species Priorities Action Statement on the commencement of that Division.
Part 8 Provisions relating to administration
18 Abolition of CFAC, CFAC Regional Advisory Committees and RFAC
(1) The following bodies established under this Act are abolished on the commencement of Schedule 1 [12] to the Fisheries Management Amendment (Advisory Bodies) Act 1996:(a) the New South Wales Commercial Fishing Advisory Council,(b) each CFAC Regional Advisory Committee,(c) the New South Wales Recreational Fishing Advisory Council.(2) A person who held office as a member of any such body immediately before its abolition ceases to hold office and is not entitled to any remuneration, or compensation, for loss of that office. However, any such person is eligible (if otherwise qualified) to be appointed as a member of an advisory body established under Part 8 of this Act.(3) Any assets or liabilities of any such body immediately before its abolition become the assets or liabilities of the Crown. The Minister may transfer any such assets to any representative body of the fishing industry that has assumed the functions of any such abolished body.
19 Continuation of Management Advisory Committees for share management fisheries
A Management Advisory Committee in existence on the commencement of Schedule 1 [7] to the Fisheries Management Amendment (Advisory Bodies) Act 1996 is taken to have been established under this Act, as amended by that Act. Until the membership of any such Committee is determined in accordance with this Act as so amended, the persons holding office as members of any such Committee on that commencement continue to hold office as members of the Committee.
19A Saving of arrangements relating to MACs consequent on amendments made by Fisheries Management and Environmental Assessment Legislation Amendment Act 2000
(1) A Management Advisory Committee established for a restricted fishery that becomes a category 2 share management fishery under the amendments made to Schedule 1 by the Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 is taken to have been established for the share management fishery.(2) A Management Advisory Committee established by the Director under section 230 before the amendment of that section by the Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 is taken to have been established by the Minister.(3) The members of the Management Advisory Committee are taken to have been appointed by the Minister.(4) In the case of the Management Advisory Committee for the lobster fishery, the chairperson may (until 1 January 2005) be engaged in commercial fishing in that fishery (despite section 230 (2)).
19B Change in name of Trust Fund
The Recreational Fishing (Saltwater) Trust Fund is a continuation of, and the same Fund as, the Recreational Fishing (Estuarine and Marine) Trust Fund.
(1) Section 283A, as inserted by the Fisheries Management Amendment Act 2006, extends to the following records:(a) a record made or provided to the Department before the commencement of that section,(b) a record of fish taken or catch history.(2) A reference in that section to this Act includes a reference to the 1935 Act.
Part 9 Provisions relating to enforcement
A person who was, immediately before the repeal of section 6 of the 1935 Act, appointed as an inspector for the purposes of the 1935 Act is taken on that repeal to have been appointed as a fisheries officer under Part 9 of this Act.
Anything seized under the 1935 Act and which has not been forfeited or returned under the 1935 Act is to continue to be dealt with under the provisions of the 1935 Act and, for that purpose, the relevant provisions of that Act continue to have effect.
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.
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.
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.
A reference in an Act (other than this Act or the 1935 Act), in any instrument made under an Act or in any document to the Fisheries and Oyster Farms Act 1935 is to be read:(a) as a reference to this Act, unless it relates to a matter that continues to be dealt with by the 1935 Act, or(b) if it relates to such a matter—as a reference to the 1935 Act.
(1) If anything done or commenced under a provision of the 1935 Act before the repeal of that provision by this Act and still having effect or not completed immediately before that repeal could have been done or commenced under this Act if this Act had been in force when the thing was done or commenced:(a) the thing done continues to have effect, or(b) the thing commenced may be completed,as if it had been done or commenced under this Act.(2) This clause is subject to any express provision of this Act on the matter.
An order made under section 220D before the commencement of the amendment made to that section by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 is taken to have been made under the section as so amended.
25 References to Director of NSW Fisheries
In any regulation or other instrument made under this Act, a reference to the Director within the meaning of section 4 (1) (before the definition of that expression was omitted by the Fisheries Management Amendment Act 2004) is taken to be a reference to the Director-General of NSW Fisheries.