{"id":"nsw:act-2009-114","name":"Fisheries Management Amendment Act 2009","slug":"fisheries-management-amendment-act-2009","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"114 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60967,"registerId":"nsw-act-2009-114-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Fisheries Management Amendment Act 2009](/view/html/inforce/current/act-2009-114).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Fisheries Management Act 1994 No 38","content":"# Schedule 1 Amendment of Fisheries Management Act 1994 No 38\n\nSchedule 1 Amendment of [Fisheries Management Act 1994 No 38](/view/html/inforce/current/act-1994-038)\n\n**sch 1:** Am 1987 No 15, sec 30C.","sortOrder":2},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n\\[1\\]–\\[26\\] (Repealed)","sortOrder":3},{"sectionNumber":"27","sectionType":"section","heading":"Section 21AA","content":"#### 27 Section 21AA\n\n\\[27\\] Section 21AA\n\n> Insert after section 21:","sortOrder":4},{"sectionNumber":"21AA","sectionType":"section","heading":"Special provision for Aboriginal cultural fishing","content":"#### 21AA Special provision for Aboriginal cultural fishing\n\n21AA Special provision for Aboriginal cultural fishing\n\n> > (1) An Aboriginal person is authorised to take or possess fish, despite section 17 or 18, if the fish are taken or possessed for the purpose of Aboriginal cultural fishing.\n> \n> > (2) The authority conferred by this section is subject to any regulations made under this section.\n> \n> > (3) The regulations may make provision for the management of Aboriginal cultural fishing as authorised by this section.\n> \n> > (4) Without limiting the above, the regulations may:\n> > \n> > > (a) prescribe the circumstances in which the taking or possession of fish by Aboriginal persons for the purpose of Aboriginal cultural fishing is authorised by this section, and\n> > \n> > > (b) specify restrictions as to the quantity of fish of a specified species or of a specified class that may be taken by or be in the possession of Aboriginal persons for the purposes of Aboriginal cultural fishing as authorised by this section.\n> \n> > (5) The Minister must not recommend the making of a regulation under this section unless an advisory council for the Aboriginal sector of the fishing industry has been established under section 229 and the Minister certifies that the advisory council has been consulted on the proposed regulation.\n> \n> > (6) A person does not commit an offence against section 17 or 18 in respect of the taking or possession of fish if the taking or possession of the fish is authorised under this section.\n> \n> > (7) This section does not prevent the issue of a permit under section 37 for Aboriginal cultural fishing purposes.\n> \n> > (8) This section does not authorise an Aboriginal person to do anything that is inconsistent with native title rights and interests under an approved determination of native title (within the meaning of the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth) or with the terms of an indigenous land use agreement (within the meaning of that Act).","sortOrder":5},{"sectionNumber":"147","sectionType":"section","heading":null,"content":"#### 147\n\n\\[28\\]–\\[147\\] (Repealed)","sortOrder":6},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This amendment remains tightly focused on its original purpose: creating a specific exemption for Aboriginal cultural fishing within the existing fisheries management framework. It does not expand beyond this discrete policy objective."},"complexity_factors":["Very short amendment (only 8 subsections in the operative provision)","Minimal cross-referencing (only references to sections 17, 18, 37, 229 of the principal Act, and the Commonwealth Native Title Act 1993)","Only one new defined concept ('Aboriginal cultural fishing') used but not explicitly defined in the text—left to regulations","Simple conditional structure: basic exemption with standard 'subject to regulations' qualification","No nested exceptions or complex temporal provisions","Straightforward procedural safeguard (consultation requirement in subsection 5)"],"plain_english_summary":"This law amends the Fisheries Management Act 1994 to create a new legal pathway for Aboriginal people to fish for cultural purposes without needing a standard fishing licence.\n\n**What it does:**\n- **Creates a new exemption** (Section 21AA) that allows Aboriginal people to take and possess fish for \"Aboriginal cultural fishing\" even if this would normally breach fishing laws (sections 17 and 18 of the main Act).\n- **Sets up a framework for regulations** that can set limits on this cultural fishing—such as how many fish of particular species can be taken.\n- **Requires consultation** before any restrictions are imposed: the Minister must consult with an Aboriginal fishing advisory council before recommending regulations.\n- **Protects native title** by making clear this new provision doesn't override existing native title rights or indigenous land use agreements.\n- **Preserves existing options** by clarifying that Aboriginal people can still apply for standard permits if they prefer.\n\n**Who it affects:**\n- Aboriginal people in New South Wales who fish for cultural purposes (ceremony, tradition, community needs).\n- The NSW fishing industry and regulators, who must establish an advisory council and consult before making rules.\n\n**Why it matters:**\nBefore this change, Aboriginal cultural fishing often fell into a legal grey area or required individual permits. This creates a statutory right to fish for cultural purposes while allowing sensible limits to protect fish stocks. It recognises Aboriginal cultural practices as distinct from commercial or recreational fishing."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided document to determine whether the scope changed from the original intent. The document contains only administrative metadata, status information, and navigation elements — not the operative provisions of the Act."},"complexity_factors":["This is a purely administrative/amending Act — no substantive provisions are visible in the provided text","Staged commencement dates (two separate start dates) add minor complexity","The actual content of the amendments is absent from the provided document, making full analysis impossible","Cross-references to the Interpretation Act 1987 (automatic repeal mechanism) require some background knowledge to understand"],"plain_english_summary":"The Fisheries Management Amendment Act 2009 amends the Fisheries Management Act 1994, updating how fishing is regulated, licensed and managed in New South Wales. Passed in 2009 with staged commencements (14 Dec 2009 and 2 Apr 2010), it chiefly affects commercial and recreational fishers, aquaculture operators, licence holders and fisheries regulators. As an amending instrument its changes are incorporated into the main Act and the amending statute itself is automatically repealed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act narrows the practical reach of the fisheries offence provisions by creating an express authorisation for Aboriginal cultural fishing that displaces sections prohibiting taking/possession in those circumstances. It also reallocates substantive rule‑making power to regulations and requires advisory‑council consultation, thereby changing who decides lawful uses, how limits are set, and the compliance obligations for fishers and enforcement bodies (see s 21AA(1)–(8))."},"complexity_factors":["Creates a statutory exemption to general offence provisions for taking/possessing fish for Aboriginal cultural fishing (s 21AA(1), (6))","Delegates substantive detail to regulations, enabling wide regulatory discretion over management, circumstances and quantity limits (s 21AA(2)–(4))","Imposes a precondition that the Minister must certify consultation with an Aboriginal sector advisory council established under s 229 before recommending regulations (s 21AA(5)) — adds procedural requirement and institutional reliance","Preserves existing permit regime by allowing permits for Aboriginal cultural fishing to still be issued (s 21AA(7))","Affirms that the new authorisation must be consistent with native title determinations and Indigenous land use agreements (s 21AA(8)), creating an interaction with Commonwealth native title law","Commencement is by proclamation (s 2), so implementation timing is executive-driven","Schedules show numerous repeals and technical amendments, indicating prior statutory text has been removed or replaced (schedules and repealed items)"],"plain_english_summary":"This amendment adds a rule that allows Aboriginal people to take or possess fish for Aboriginal cultural fishing even though general fisheries prohibitions exist, while leaving detailed limits to regulations. It requires consultation with an Aboriginal fishing advisory council before regulations are made, preserves existing permit processes, and does not override native title or Indigenous land use agreements. The change shifts some decision-making to the regulatory level and changes who can lawfully take or possess fish and under what conditions."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-amendment-act-2009","history":"/api/acts/fisheries-management-amendment-act-2009/history","analysis":"/api/acts/fisheries-management-amendment-act-2009/analysis","conflicts":"/api/acts/fisheries-management-amendment-act-2009/conflicts","importantCases":"/api/acts/fisheries-management-amendment-act-2009/important-cases","documents":"/api/acts/fisheries-management-amendment-act-2009/documents"}}