I, the Minister for Primary Industries, in pursuance of section 221IG of the Fisheries Management Act 1994, make the following Order.

Dated, this 17th day of December 2009.

STEVE WHAN, M.P.,

Minister for Primary Industries

Explanatory note

The aquatic ecological community in the drainage system of the lowland catchment of the Lachlan River is listed as an endangered ecological community under the Fisheries Management Act 1994 (the Act).

However, the Act enables the Minister to make an order authorising a class of persons to carry out an activity that may result in harm to an endangered species, population or ecological community or damage to its habitat. While such a proposed order is being assessed under the Act, the Minister may make an interim order lasting up to 6 months to allow an existing activity to be continued. The Act also provides for the remaking of an interim order.

The object of this interim Order is to remake the Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Interim Order 2009 to allow certain recreational and commercial fishing activities in the natural drainage system of the lowland catchment of the Lachlan River to continue for a further period of 6 months.

The activities the subject of this interim Order may only continue subject to compliance with any applicable fishing regulatory controls imposed by or under the Act. The recommendation of the Fisheries Scientific Committee referred to in this interim Order is available on the internet at:

http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0010/208297/FR22-Darling-River-EEC.pdf.

This Order is made under section 221IG of the Fisheries Management Act 1994.

1   Name of Order

This Order is the Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Further Interim Order 2009.

2   Commencement

This Order:

(a)  commences on the day on which it is published in the Gazette, and

(b)  has effect for 6 months, and

(c)  is repealed at the end of the last day on which it has effect.

3   Repeal of previous order

The Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Interim Order 2009 is repealed.

4   Continuation of existing activities

(1)  The activities referred to in subclauses (2)–(4) may continue in the Lowland Lachlan River Catchment subject to compliance with any applicable fishing regulatory controls.

(2)  A recreational fisher may take from the Lowland Lachlan River Catchment any of the following species of fish, may possess any such species of fish taken from the Lowland Lachlan River Catchment, or may carry out any routine activity in connection with any such taking or possession:

(a)  Paratya australiensis (freshwater shrimp),

(b)  Macrobrachium australiense (freshwater prawn),

(c)  Cherax destructor (yabby),

(d)  Maccullochella peelii peellii (Murray Cod),

(e)  Macquaria ambigua (golden perch),

(f)  Nematalosa erebi (bony bream),

(g)  Leiopotherapon unicolor (spangled perch).

(3)  A person holding a commercial fishing licence that has a Class A: Yabby and carp endorsement (transferable) in the inland restricted fishery may:

(a)  take Cherax destructor (yabby) from the Lowland Lachlan River Catchment, or

(b)  possess or sell yabby taken from the Lowland Lachlan River Catchment, or

(c)  carry out any routine activities in connection with any such taking, possession or sale.

(4)  A broodstock collector may take from the Lowland Lachlan River Catchment any of the following species of fish, may possess any such species of fish taken from the Lowland Lachlan River Catchment, or may carry out any routine activity in connection with any such taking or possession:

(a)  Maccullochella peellii peellii (Murray cod),

(b)  Macquaria ambigua (golden perch),

(c)  Cherax destructor (yabby).

(5)  In this clause:

applicable fishing regulatory controls means requirements imposed by or under the Fisheries Management Act 1994 that apply to or in respect of the activities concerned.

broodstock collector means a person who takes live fish under the authority of a permit issued under section 37 of the Fisheries Management Act 1994 for aquaculture purposes.

inland restricted fishery has the same meaning as in the Fisheries Management Regulation (General) Regulation 2002.

Lowland Lachlan River Catchment means the aquatic ecological community in the natural drainage system of the lowland catchment of the Lachlan River (described in the recommendation of the Fisheries Scientific Committee to list that aquatic ecological community, as the area covered by that recommendation).

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Further Interim Order 2009 (622). GG No 209 of 18.12.2009, p 6452. Date of commencement, on gazettal, cl 2 (a).