Part 10 Charter fishing management
The object of this Part is to provide for the regulation and management of guided recreational charter fishing in the marine and estuarine charter fishing sector.
(1) In this Part:Advisory Committee means the Marine and Estuarine Recreational Charter Management Advisory Committee established under this Part.
appointed member of the Advisory Committee means a member of the Advisory Committee appointed by the Minister.
carrying capacity of a boat means the number of crew and passengers that may be carried on the boat in accordance with the certificate of survey for the boat.
certificate of survey of a boat means the certificate of survey issued by or in accordance with the requirements of the Waterways Authority or another relevant authority approved by the Director-General.
coastal waters means ocean waters that are west of the 183 metre isobath.
deep sea bottom fishing means any recreational fishing activity that involves taking or attempting to take fish in ocean waters, being fish of a species listed in Part 1 of the Table.
estuarine fishing means any recreational fishing activity that involves taking or attempting to take fish from estuarine waters, being fish of a species listed in Part 3 or 4 of the Table.
gamefishing means any recreational fishing activity that involves taking or attempting to take fish in ocean waters, being fish of a species listed in Part 2 or 3 of the Table.
guided recreational charter fishing—see clause 296.
industry member of the Advisory Committee means a member of the Advisory Committee who is elected by licence holders.
licence means a charter fishing boat licence.
marine and estuarine charter fishing sector—see clause 297.
nearshore bottom fishing and sportfishing means any recreational fishing activity that involves taking or attempting to take fish in ocean waters, being fish of a species listed in Part 3 or 4 of the Table.
non-industry member of the Advisory Committee means an appointed member of the Advisory Committee, other than an industry member.
Table means the table to clause 310.
(2) A reference in this Part to an activity that involves the taking of fish includes an activity that involves taking, and later releasing, fish.
296 Guided recreational charter fishing—meaning
In this Part, guided recreational charter fishing means the use of a boat as a charter fishing boat under an arrangement where a person is provided, for payment or other consideration, to operate the charter fishing boat or to guide or instruct the persons using the boat in fishing operations.
297 Marine and estuarine charter fishing sector—meaning
In this Part, the marine and estuarine charter fishing sector means that part of the charter fishing boat industry in which charter fishing boats are used for the purpose of any of the following recreational fishing activities:(a) estuarine fishing,(b) nearshore bottom fishing and sportfishing,(c) gamefishing,(d) deep sea bottom fishing.
298 What boats must be licensed?
(1) For the purposes of section 127B of the Act, it is declared that a charter fishing boat is required to be licensed under Part 4A of the Act if it is used for any guided recreational charter fishing that involves:(a) estuarine fishing, or(b) nearshore bottom fishing and sportfishing, or(c) gamefishing, or(d) deep sea bottom fishing.(2) However, a charter fishing boat operated by a commercial organisation (within the meaning of section 127A of the Act), that would otherwise be required to be licensed under this clause, is not required to be licensed if the charter fishing boat is operated under an arrangement where a person is provided, for payment or other consideration, for the purposes of operating the boat only and not for the purposes of guiding or instructing the persons using the boat in fishing operations.Note. There is an exemption for boats used by Lord Howe Island residents in waters around Lord Howe Island. See Division 6.
(1) The fee for the issue or renewal of a licence is $502, plus $101 for each authorised activity specified on the licence, for each year or part of a year for which the licence is issued or renewed.(2) In this clause, authorised activity means a recreational fishing activity authorised by the Minister as referred to in clause 310.Note. Section 127C of the Act provides that an application for a licence may be made by the owner of a boat or a person authorised by the owner (eg a lessee). An application for a licence is to be in a form approved by the Minister.
There are two classes of licence, as follows:(a) transferable,(b) non-transferable.
301 Eligibility criteria—transferable licence
(1) A person is eligible for a transferable licence in respect of a boat owned or otherwise under the control of the person if the person satisfies the Minister that:(a) the person is entitled to claim a history of operations in respect of a boat that:(i) was actively used for guided recreational charter fishing activities in the marine and estuarine charter fishing sector before 22 October 1997, and(ii) was actively used for those activities for at least 100 days during any period of 24 consecutive months between 22 October 1995 and 4 August 1999, and(iii) was used in accordance with the requirements of the certificate of survey for the boat at all times during the period in which it was used for those activities, and(b) the certificate of survey for the boat referred to in paragraph (a) was, at all times during the period in which it was used for those activities, consistent with the type of licence applied for by the person.Note. 22 October 1997 is the date on which the Minister announced a ministerial warning against further investment in the New South Wales recreational charter fishing boat industry, because of moves to cap the number of operators in the industry at the level then present (see second reading speech for the Fisheries Management Amendment Bill 1997, which inserted Part 4A in the Act, Hansard of 22 October 1997, page 1208).(2) If any one of the eligibility criteria is not satisfied, the person is not eligible for a transferable licence.(3) A person can be eligible only for the same number of licences as boats in respect of which the person is entitled to claim a history of operations. That is, if the person is entitled to claim a history of operations in respect of one boat, the person can be eligible for a licence in respect of one boat only.
302 Eligibility criteria—non-transferable licence
(1) A person is eligible for a non-transferable licence in respect of a boat owned or otherwise under the control of the person if the person satisfies the Minister that:(a) the person is entitled to claim a history of operations in respect of a boat that:(i) was actively used for guided recreational charter fishing activities in the marine and estuarine charter fishing sector before 22 October 1997, and(ii) was actively used for those activities for at least 50 days during any period of 24 consecutive months between 22 October 1995 and 4 August 1999, and(iii) was used in accordance with the requirements of the certificate of survey for the boat at all times during the period in which it was used for those activities, and(b) the certificate of survey for the boat referred to in paragraph (a) was, at all times during the period in which it was used for those activities, consistent with the type of licence applied for by the applicant.(2) If any one of the eligibility criteria is not satisfied, the applicant is not eligible for a non-transferable licence.(3) A person can be eligible only for the same number of licences as boats in respect of which the person is entitled to claim a history of operations. That is, if the person is entitled to claim a history of operations in respect of one boat only, the person can be eligible for a licence in respect of one boat only.
303 Entitlement to claim a history of operations
(1) For the purposes of this Part, a person is entitled to claim a history of operations in respect of a boat if:(a) the boat was used by the person for guided recreational charter fishing activities in the marine and estuarine charter fishing sector during the periods relevant for the purposes of the eligibility criteria for a licence, and the person has not transferred his or her entitlement to that history of operations pursuant to a transfer made:(i) before 7 July 2000, in accordance with the policies of NSW Fisheries with respect to such transfers, or(ii) on or after 7 July 2000, in accordance with clause 305, or(b) the person has acquired a history of operations of a kind referred to in paragraph (a) in respect of a boat from another person pursuant to a transfer made:(i) before 7 July 2000, in accordance with the policies of NSW Fisheries with respect to such transfers, or(ii) on or after 7 July 2000, in accordance with clause 305.(2) Only one person is entitled to claim a history of operations with respect to one boat.(3) If more than one person claims a history of operations of a kind referred to in subclause (1) (a) in respect of a boat, the person who is entitled to make that claim is the person who, in the opinion of the Minister, was principally responsible for the use of the boat for guided recreational charter fishing activities in the marine and estuarine sector during the periods relevant for the purpose of determining eligibility for a licence.
(1) Despite clauses 301 and 302, a person who:(a) was eligible, under Part 9A of the repealed regulation before its repeal, for a licence in respect of a history of operations, and(b) did not apply for such a licence by 30 April 2001,is not eligible to apply for a licence under this Part.(2) (Repealed)
305 Transfer of entitlement to history of operations
(1) A person who holds a transferable licence may transfer the person’s entitlement to a history of operations in respect of a boat, being the history of operations relied on by the person to satisfy the eligibility criteria for the licence.(2) Such a transfer may be made only with the approval of the Minister.(3) An application for the Minister’s approval is to be in an approved form and accompanied by a fee of $335.(4) If the Minister approves the transfer:(a) the person who acquires the entitlement is entitled to claim the history of operations in respect of the boat, for the purposes of the eligibility criteria for a licence, and(b) the person who transfers the entitlement ceases to be entitled to claim the history of operations in respect of the boat, for the purposes of the eligibility criteria for a licence.(5) A transfer of a history of operations need not be accompanied by a transfer of the boat concerned. However, a person who transfers a history of operations without transferring the boat ceases to be eligible for a licence in respect of the boat (because the person ceases to be entitled to claim the history of operations).
305A Conversion of non-transferable licence into transferable licence (estuarine fishing only)
(1) A person who holds a non-transferable licence for a boat that authorises the use of the boat for guided recreational charter fishing in the estuarine fishing sector may apply to the Minister to have that licence converted into a transferable licence.(2) The Minister may approve the conversion of the relevant licence into a transferable licence if the Minister is satisfied that:(a) the person was actively engaged in guided recreational charter fishing in the estuarine fishing sector before 3 December 2005, and(b) the person held a licence that authorised the use of the boat for guided recreational charter fishing in the estuarine fishing sector on 3 December 2005, and(c) the person has held that licence continuously since 3 December 2005, and(d) the licence does not authorise, and has not authorised at any time since 3 December 2005, the use of the boat for any of the following recreational fishing activities:(i) nearshore bottom fishing and sportfishing,(ii) gamefishing,(iii) deep sea bottom fishing.(3) An application for the Minister’s approval is to be in an approved form.(4) If the Minister approves the conversion of a licence under this clause, it is taken to be a transferable licence.(5) In this clause, estuarine fishing sector means that part of the charter fishing boat industry in which charter fishing boats are used for the purpose of recreational estuarine fishing.
(1) A person who holds a transferable or a non-transferable licence in respect of a licenced charter fishing boat may replace the boat if:(a) the replacement is approved by the Minister, and(b) the application for the Minister’s approval is accompanied by a fee of $335.(2) If the Minister approves the replacement, the person’s entitlement to a history of operations, in respect of the boat being replaced, is transferred to the replacement boat.(3) Nothing in this clause permits a person who holds a non-transferable licence to transfer that licence to another person.
The Minister is authorised to refuse an application for a licence for a boat if:(a) the Minister is not satisfied that the applicant is eligible to be issued with the licence, or the class of licence applied for, in respect of the boat, or(b) the applicant has been convicted of an offence under the Act, the regulations made under the Act, or an offence relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or of New Zealand, or(c) the applicant has been convicted of an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the applicant has been convicted of an offence relating to an assault on a fisheries official, or(e) the applicant has not paid any fee due and payable in connection with the licence, or(f) the applicant has previously held a licence that has been suspended or cancelled by the Minister.
(1) An application for renewal of a licence is to be made in a form approved by the Minister.(2) The Minister is authorised to refuse to renew a licence if:(a) the holder of the licence is not eligible for the licence, or(b) the holder of the licence has been convicted of an offence under the Act, the regulations made under the Act, or an offence relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or of New Zealand, or(c) the holder of the licence has been convicted of an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the holder of the licence has been convicted of an offence relating to an assault on a fisheries official, or(e) the Minister is satisfied that the holder of the licence has contravened a condition of the licence, or(f) the holder of the licence has not paid any fee due and payable in connection with the licence.(3) If an application is duly made for renewal of a licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence:(a) is taken to continue to be in force until the licence is renewed or the application for renewal is refused, whichever happens first, and(b) may be renewed despite the fact that, but for this subclause, the licence would have expired.(4) If an application for renewal of a licence is not received by the Minister before the expiration of the period in which it remains in force, the licence:(a) is taken to continue to be in force for 30 days after the date the licence would have expired (but for this subclause), or until the licence is renewed or the application for renewal is refused, whichever happens first, and(b) may be renewed despite the fact that, but for this subclause, the licence would have expired.(5) If an application for renewal of a licence is received by the Minister more than 30 days after the date the licence would have expired (but for subclause (4)), an additional licence fee of $134 is payable.(6) If an application for renewal of a licence is received by the Minister more than 90 days after the date the licence would have expired (but for subclause (4)), the Minister may refuse to renew the licence.
309 Cancellation or suspension of licence
(1) The Minister may cancel or suspend a licence if:(a) the holder of the licence ceases to be eligible for the licence, or(b) the holder of the licence is convicted of an offence under the Act, the regulations made under the Act, or an offence relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or of New Zealand, or(c) the holder of the licence is convicted of an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the holder of the licence is convicted of an offence relating to an assault on a fisheries official, or(e) the Minister is satisfied that the holder of the licence has contravened a condition of the licence, or(f) the holder of the licence fails to pay any fee due and payable in connection with the licence, or(g) the boat is lost at sea or disposed of by the holder of the licence, or(h) (Repealed)(2) In addition, in the case of a non-transferable licence, the Minister may cancel or suspend the licence if:(a) the licence is held by, or the boat is owned by, one or more natural persons and:(i) one or more of those persons has become bankrupt, or(ii) a person has acquired or disposed of a beneficial interest in the boat, or(b) the licence is held or otherwise under the control of a corporation, or the boat is owned by a corporation, and:(i) a person has acquired or disposed of a controlling interest in the corporation, or(ii) the corporation has become the subject of a winding up order or a controller or administrator has been appointed for the corporation.
309A Voluntary suspension of licence
(1) The Minister may, from time to time, on the application of a licence holder, suspend the licence by placing the licence in abeyance for such period, not exceeding two years, as the Minister may specify.(2) Such an application may be granted in any case where the Minister is satisfied that there is sufficient reason for the suspension (for example, because the boat has been disposed of or lost at sea or because the licence holder has temporarily ceased trading).(3) The Minister may, on written application by the licence holder, extend a period of suspension under this clause if satisfied that there is sufficient reason for the extension.(4) The total period for which a licence is suspended under this clause must not exceed 3 years.(5) The annual licence fee payable in respect of a licence continues to be payable in respect of any year or part of a year for which a licence is suspended under this clause.(6) The Minister may cancel a licence suspended under this clause if:(a) any fee payable in connection with the licence is not paid by the end of the suspension period or such further period as the Minister may allow, or(b) the holder of the licence fails (without lawful excuse) to comply with any request for information in connection with the suspension that is made by the Minister by notice in writing to the holder.(7) A notice referred to in subclause (6) (b) must specify a period (of not less than 14 days) in which the request for information must be complied with.(8) Nothing in this clause limits the powers of the Minister under clause 309.(9) The Minister is to refuse an application for suspension under this clause (not being an application for an extension of a suspension) if the licence has previously been suspended on the application of the holder and the period of suspension ended less than 3 years before the application is made.(10) Subclause (9) does not apply if the Minister is satisfied that, in the circumstances of the case, the suspension should be granted because the boat to which the licence applies has been lost at sea or damaged beyond repair.
310 Conditions of licence—authorised activities
(1) The Minister may, by means of an endorsement on a licence for a boat, authorise the use of the boat for guided recreational charter fishing that involves one or more of the following recreational fishing activities (as indicated by the endorsement):(a) estuarine fishing,(b) nearshore bottom fishing and sportfishing,(c) gamefishing,(d) deep sea bottom fishing.(2) It is a condition of a licence for a boat that the boat, while being used for any activity for which it is required to be licensed under this Part, is not used for any of the recreational fishing activities referred to in subclause (1) unless the licence authorises the use of the boat for that activity.(3) The Minister may refuse to authorise the use of a boat for a recreational fishing activity if the Minister is not satisfied that the certificate of survey for the boat relied on by the licence holder to satisfy the eligibility criteria for the licence (that is, the boat referred to in clause 301 or 302) was, at all times during the periods relevant for the purposes of determining eligibility for a licence, consistent with that type of activity.(4) Despite subclause (2):(a) if a licence authorises the use of a boat for gamefishing, the taking of one fish of a species listed in Part 1 or Part 4 of the Table to this clause for each person who is on the boat, is permitted, and(b) if a licence authorises the use of a boat for nearshore bottom fishing and sportfishing, the taking of one fish of a species listed in Part 1 or Part 2 of the Table, for each person who is on the boat, is permitted, and(c) if a licence authorises the use of a boat for estuarine fishing, the taking of one fish of a species listed in Part 1 or Part 2 of the Table, for each person who is on the boat, is permitted.(5) This clause:(a) does not affect the application of any bag limits or possession limits in force under section 17 or 18 of the Act, and(b) does not authorise the use of a boat to take any protected fish.Table—Fish species
Part 1
Common name
Scientific name
Hapuka
Polyprion oxygeneios
Bass groper
Polyprion americanus
Blue-eye trevalla
Hyperoglyphe antarctica
Bar cod
Epinephelus ergastularius
Gemfish
Rexea solandri
Part 2
Common name
Scientific name
Billfishes
Istiophoridae spp.
Sailfish
Istiophorus platypterus
Black marlin
Makaira indica
Blue marlin
Makaira mazara
Striped marlin
Tetrapturus audax
Shortbill spearfish
Tetrapturus angustirostris
Broadbill swordfish
Xiphias gladius
Sharks
Shortfin mako
Isurus oxyrinchus
Tiger shark
Galeocerdo cuvier
Hammerhead shark
Sphyrna spp.
Thresher shark
Alopias spp.
Porbeagle shark
Lamna nasus
Tunas
Thunnus spp.
Albacore
Thunnus alalunga
Yellowfin tuna
Thunnus albacares
Southern bluefin tuna
Thunnus maccoyii
Longtail tuna
Thunnus tonggol
Bigeye tuna
Thunnus obesus
Part 3
Common name
Scientific name
Yellowtail, jack mackerel, trevally, rainbow runner, kingfish, samson fish, amberjack
Family Carangidae
Mackerel, wahoo, bonito, skipjack tuna, mackerel tuna
Family Scombridae
(excluding Thunnus spp.)Cobia
Rachycentron canadum
Tailor
Pomatomus saltatrix
Dolphinfish
Coryphaena hippurus
Australian salmon
Arripis trutta
Whaler shark, blue shark
Family Carcharhinidae
(excluding Galeocerdo cuvier)Barracuda, snook, striped seapike
Family Sphyraenidae
Part 4
All species of fish other than those listed in Parts 1, 2 and 3.
311 Other conditions of licences
(1) It is a condition of a licence for a charter fishing boat that any fish taken while the boat is used for any activity for which it is required to be licensed under this Part, and that are retained, have their right side pectoral fin removed, just above the fin base, before being removed from the boat.(2) Despite subclause (1), the removal of the right side pectoral fin may be delayed until immediately after weigh-in if the fish is to be weighed:(a) for the purpose of claiming a record, or(b) in accordance with the rules of a fishing tournament in connection with which the fish has been caught.(3) Subclause (1) applies to the following species of fish only, namely, yellowfin tuna, southern bluefin tuna, all species of marlin, yellowtail kingfish and snapper.(4) It is a condition of a licence for a charter fishing boat that the boat displays the letters “CFB” adjacent to, and in the same size and colour of lettering as, the permit number for the boat wherever appearing on the outside of the hull.(5) It is a condition of a licence for a charter fishing boat that the number of persons permitted to fish from the boat at any one time does not exceed the maximum carrying capacity for the charter fishing boat.(6) The maximum carrying capacity for a charter fishing boat is the carrying capacity (as at 4 August 1999) of the boat relied on by the licence holder to satisfy the eligibility criteria for the licence under clause 301 or 302, or 4 people, whichever is the higher.Note. The Act also provides that it is a condition of a licence that the boat, while being used for recreational fishing activities for which it is required to be licensed:(a) is not also used to take fish for sale, and(b) is not equipped with fishing gear for use to take fish for sale (except as authorised by the licence).
(1) The master of a charter fishing boat must make a record of fish taken by persons on the boat when used for guided recreational charter fishing.Note. It is an offence to contravene the requirements set out in this clause (see section 127E of the Act).(2) A record is to be made in relation to each trip that is made by the boat, being a trip during which the boat was used for any activity for which it is required to be licensed.(3) A record is to be made in a form or forms approved by the Minister and provided to licence holders by NSW Fisheries.(4) A copy of the record is to be sent to the Director-General within 7 days after the end of the calendar month in which the trip to which the record relates was made.
Division 3 Reviews relating to issue of licences
Note. This Part provides for the review of decisions relating to the issue of a licence. A decision relating to a licence is also appellable to the Administrative Decisions Tribunal under the Act.
313 Application for review by third party
(1) Any person may request a review of a decision of the Minister to issue a licence to another person.(2) The review request must:(a) be made in a form approved by the Minister, and,(b) be lodged with the Director-General within 30 days after notice of the Minister’s decision to issue the licence is published in the Gazette, and(c) be accompanied by a fee of $100.(3) (Repealed)(4) This clause does not apply to:(a) a licence for which an application is made following the transfer under clause 305 of a person’s entitlement to a history of operations in respect of a boat, or(b) (Repealed)Note. Until 30 June 2001 a person who was refused a licence because the Minister was not satisfied that the person was eligible for the licence could request a review of that decision under this Division. The review request had to be made within 60 days after notice of the refusal was given to the person.
314 Director-General to review decision
(1) If a review request is duly made under this Division, the Director-General is to conduct the review.(2) The review is to be conducted in accordance with any guidelines approved by the Minister.(3) Despite subclause (1), the Director-General may reject a review request without any review having been conducted if:(a) the matter has already been the subject of a review by the Director-General under this Division, or(b) the Director-General is of the opinion that the review request is frivolous or vexatious.
(1) The Director-General is to review the decision that is the subject of the review request and provide the Minister with a written report on the matter within the time specified by the Minister or any extension of that time granted by the Minister.(2) On conducting a review of a decision of the Minister to refuse to issue a licence to any person, the Director-General may recommend that the person be issued with a licence, but only if the Director-General is satisfied that:(a) the person is eligible for the licence, or(b) the person:(i) would have satisfied the eligibility criteria but for circumstances beyond the control of the person, (for example illness or delays in the repair of a boat), and(ii) was actively engaged in guided recreational charter fishing activities in the marine and estuarine charter fishing sector before 22 October 1997, or(c) the person had, before 22 October 1997, clearly demonstrated his or her financial investment or commitment in a boat for use in connection with marine and estuarine charter fishing in New South Wales and:(i) the boat has been actively used for guided recreational charter fishing activities in the marine and estuarine charter fishing sector for at least 50 days during any period of 24 consecutive months between 22 October 1995 and 4 August 1999, or(ii) there are valid reasons why the person failed to satisfy the eligibility criteria in subparagraph (i) and it is fair and reasonable in the circumstances to grant the person a licence, or(d) the person had, before 7 July 2000, acquired (or had entered into (and has subsequently completed) a contract to purchase) a boat for use in connection with marine and estuarine charter fishing in New South Wales, and:(i) has used the boat in accordance with an appropriate certificate of survey, and(ii) there are reasons acceptable to the Director-General why the person failed to satisfy the eligibility criteria and it is fair and reasonable in the circumstances to grant the person a licence.(3) Regardless of the nature of licence originally applied for, the Director-General may recommend the issue of either a transferable or a non-transferable licence.(4) On conducting a review of a decision of the Minister to issue a licence to any person, the Director-General may recommend that the licence be cancelled, but only if the Director-General is satisfied that:(a) the person is not eligible for the licence, or(b) there are other grounds for the cancellation of the licence.
317 Action by Minister following review
(1) On receipt of a report under this Division, the Minister may:(a) in the case of a review of a decision to refuse to issue a licence, confirm the refusal or set that decision aside and substitute a new decision in accordance with the recommendations of the Director-General, or(b) in the case of a review of a decision to issue a licence, confirm the issue of the licence or cancel the licence in accordance with the recommendations of the Director-General, or(c) in any case, refer the matter back to the Director-General (together with comments or recommendations) for further consideration.(2) The Minister may, following a review, determine that a person is eligible for a licence even though the person does not satisfy the eligibility criteria for the licence only if the Director-General recommends that the person be issued with a licence. If the Minister makes such a determination, the person is taken, for the purposes of the provisions of this Part that deal with eligibility for a licence, to be eligible for the licence.(3) A person who applies for a review under this Division is to be notified of the outcome of the application as soon as practicable after it is known.(4) If the Minister decides to issue a licence for a boat following a review under this Division, the Minister is to cause notice of the decision to be published in the Gazette and in a newspaper circulating in the area in which the boat is used, or is to be used, as a charter fishing boat.
(1) The Minister may establish an advisory committee for the charter fishing industry, to be known as the Marine and Estuarine Recreational Charter Management Advisory Committee.(2) The Advisory Committee is to be composed of the following members:(a) 8 industry members, being persons who are elected by licence holders in accordance with Division 5 of this Part and appointed by the Minister,(b) one person appointed by the Minister on the nomination of the Nature Conservation Council,(c) other persons selected and appointed by the Minister,(d) the Director-General or a nominee of the Director-General.(3) Of the members referred to in subclause (2) (c):(a) one is to be a person who, in the opinion of the Minister, has expertise in commercial fishing, and(b) one is to be a person who, in the opinion of the Minister, has expertise in Aboriginal culture, and(c) one is to be a person who, in the opinion of the Minister, has expertise in recreational fishing.(4) Subclause (3) does not prevent the Minister from selecting and appointing additional persons as members of the Advisory Committee.(5) The Minister may, by advertisement published in a newspaper circulating throughout the State, call for expressions of interest in membership of the Advisory Committee.(6) For the purpose of subclause (2) (b), the Minister is to request the Nature Conservation Council to nominate 2 candidates for appointment to the Advisory Committee.(7) The Minister may decline to accept the nomination of any candidate. In such a case the Minister:(a) is to advise the Nature Conservation Council of that decision and of the reason for that decision, and(b) if the Minister considers it appropriate, is to give the Nature Conservation Council an opportunity to nominate another candidate.(8) If the Nature Conservation Council fails to nominate a candidate within 60 days after being requested to do so by the Minister, or fails to nominate within that period a candidate whose nomination is accepted by the Minister, the Minister may appoint any person whom the Minister considers suitable to represent the interests of the Council as a member of the Advisory Committee, instead of a person nominated by the Council.
319 Chairperson and deputy chairperson of Advisory Committee
(1) The Minister is to appoint the chairperson of the Advisory Committee.(2) The chairperson is to be a person who:(a) in the opinion of the Minister, is neither engaged in the administration of the Act nor engaged in charter fishing, and(b) is not a member of the Advisory Committee.(3) The Minister may appoint a deputy chairperson for the Advisory Committee. The appointee may be a member of the Advisory Committee.(4) Both the chairperson and the deputy chairperson (if any) are entitled to attend and (in accordance with this clause) chair meetings of the Advisory Committee.(5) A meeting of the Advisory Committee is to be chaired:(a) by the chairperson of the Advisory Committee, or(b) in the absence of the chairperson:(i) by the deputy chairperson of the Advisory Committee, or(ii) in the absence of the deputy chairperson (or if no deputy chairperson has been appointed)—by the person appointed by the Minister to chair the meeting in such circumstances (who may be a member of the Advisory Committee), or(iii) in the absence of the person appointed under subparagraph (ii)—by a member of the Advisory Committee elected by the members present to chair the meeting.(6) The person chairing a meeting of the Advisory Committee is entitled to vote at the meeting only if the person is a member of the Committee.
320 Functions of Advisory Committee
The functions of the Advisory Committee are as follows:(a) to assist with the development of and monitor the implementation of a fishery management strategy for the marine and estuarine charter fishing sector,(b) to advise the Minister on whether the objectives of the strategy are being attained,(c) to make recommendations to the Minister concerning the strategy, including to recommend any changes to the strategy or to this Part that it considers necessary or desirable for the purpose of attaining the objectives of the strategy,(d) such other functions as may be conferred on the Advisory Committee by the Minister.
(1) An appointed member may, from time to time, appoint a person to be the deputy of the member, and may at any time revoke any appointment.(2) Such an appointment may only be made with the approval of the Minister. The Minister may revoke such approval at any time.(3) In the absence of a member, the member’s deputy:(a) may, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and is to be taken to be the member.(4) A person, while acting in the place of a member, is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.
Subject to this Part:(a) an industry member holds office for a term of 3 years but is eligible (if otherwise qualified) for re-election and re-appointment, and(b) a non-industry member holds office for the term specified in his or her appointment (not exceeding 3 years) but is eligible (if otherwise qualified) for re-appointment.
An appointed member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.
324 Vacancy in office of member
(1) The office of an appointed member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-elected or re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause, or(e) is absent from 3 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for having been absent from those meetings, or(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) becomes a mentally incapacitated person.(2) The Minister may remove an industry member from office if the member:(a) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(b) is convicted of an offence under the Act, this Regulation or any other regulation made under the Act or an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(c) ceases to be qualified to be elected to the Committee.(3) The Minister may remove a non-industry member from office at any time.
325 Filling of vacancy in office of member
(1) If the office of an industry member becomes vacant because the term of office of the member has ended, an election is to be held in accordance with Division 5 of this Part for the purpose of appointing a new member.(2) If a vacancy occurs in the office of an industry member otherwise than because the term of office of the member has ended, the Minister may appoint a person to fill the office for the remainder of that term, being a person who would be qualified to be elected to the office and who the Minister decides, after consultation with the relevant industry sector, is appropriate for that office.(3) Any person so appointed is taken to be an industry member for the purposes of this Part.
326 General procedure for calling and holding meetings
(1) The procedure for the calling and holding of meetings of the Advisory Committee is to be determined by the Minister, subject to clause 327.(2) The Minister is to call at least 2 meetings of the Advisory Committee each calendar year, unless otherwise determined by the Advisory Committee.
327 Transaction of business outside meetings or by telephone
(1) The Advisory Committee may, with the written approval of the Director-General, transact any of its business by the circulation of papers among all the members of the Advisory Committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Advisory Committee.(2) The Advisory Committee may, with the written approval of the Director-General, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),each member of the Advisory Committee has the same voting rights as the member has at an ordinary meeting of the Advisory Committee.(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Advisory Committee.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The quorum for a meeting of the Advisory Committee consists of the majority of its industry members for the time being.
A decision supported by a majority of members at a meeting of the Advisory Committee at which a quorum is present is the decision of the Advisory Committee.
Division 5 Election of industry members of Advisory Committee
330 Regions for which members are to be elected
(1) The 8 industry members of the Advisory Committee are to be elected to represent the different regions of the industry as follows:(a) 1 member for the Far North Coast region (the part of the State between 28°10′S and 29°40′S),(b) 1 member for the Mid North Coast and Central Coast region (the part of the State between 29°40′S and 32°26′S),(c) 1 member for the Central Coast region (the part of the State between 32°26′S and 33°35′S),(d) 2 members for the Sydney region (the part of the State between 33°35′S and 34°05′S),(e) 1 member for the Illawarra region (the part of the State between 34°05′S and 34°50′S),(f) 1 member for the Mid South Coast region (the part of the State between 34°50′S and 36°10′S),(g) 1 member for the Far South Coast region (the part of the State between 36°10′S and 37°30′S).(2) A map setting out the boundaries for the regions described in subclause (1) is to be made available for inspection in offices of NSW Fisheries.
331 Qualifications for election
In order to qualify for election as an industry member of the Advisory Committee, a person must:(a) hold a licence for a charter fishing boat, or be a person nominated by the holder of a licence for a charter fishing boat, and(b) reside in the region which the person seeks to be elected to represent.
332 General restrictions on election
(1) A person is not qualified to be elected as an industry member of the Advisory Committee if the person:(a) is already a member of the Advisory Committee (unless the person is seeking re-election to the Advisory Committee) or of a Management Advisory Committee appointed under section 230 of the Act, or(b) is already a candidate for election to any such other Management Advisory Committee.(2) Officers and employees of NSW Fisheries are not qualified to be elected as an industry member.
(1) In order to be qualified to vote in an election for an industry member of the Advisory Committee, a person must be:(a) the holder of a charter fishing boat licence for a boat, and(b) reside in the region which the industry member is to be elected to represent.(2) A person who is qualified to vote in an election is entitled to one vote only, regardless of the number of charter fishing boats for which the person holds a licence.
(1) Division 5 of Part 12, with any necessary modifications, applies to an election of industry members of the Advisory Committee in the same way as it applies to an election of a Management Advisory Committee for a restricted fishery.(2) In the application of those provisions, clauses 382 and 383 are to be excluded, and subclause (3) is to be applied instead.(3) If by the close of nominations in an election, the number of candidates duly nominated for election to represent a region does not exceed the number of industry members to be elected to represent that region, the returning officer is to declare those candidates elected. If more than that number are nominated, a ballot must be held.
335 Exemption for Lord Howe Island residents
(1) A licence is not required in respect of a boat if:(a) the boat is owned or under the control of a person who is a resident of Lord Howe Island, and(b) the boat is used for guided recreational charter fishing principally in Lord Howe Island waters.(2) For the purpose of determining whether a person is eligible for a licence in respect of a boat, any activities for which the boat was used during a period in which the boat was used for guided recreational charter fishing activities principally in Lord Howe Island waters are to be disregarded. That is, the activities for which the boat was used during that period cannot be relied on to satisfy the eligibility criteria.(3) (Repealed)
336 False or misleading information
A person must not furnish information, knowing it to be false or misleading in a material particular, in or in connection with:(a) any application for a licence, or(b) any catch record referred to in clause 312.Maximum penalty: 100 penalty units.