{"id":"nsw:sl-2019-0407","name":"Fisheries Management (General) Regulation 2019","slug":"fisheries-management-general-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"407 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176473,"registerId":"nsw-nsw:sl-2019-0407-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Fisheries Management (General) Regulation 2019](/view/html/inforce/current/sl-2019-0407).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Fisheries Management (General) Regulation 2010](/view/html/repealed/current/sl-2010-0475), which is repealed on 1 September 2019 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > backed up waters, in relation to a dam or impoundment, means water that has flowed into the dam or impoundment from another waterway and has ceased flowing.\n> > \n> > certificate of survey for a boat means—\n> > \n> > > (a) for Part 9, Division 2—see clause 144, or\n> > \n> > > (b) otherwise—a certificate of survey in force under the National law, within the meaning of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > charter fishing boat has the same meaning as in Part 4A of the Act.\n> > \n> > commercial fishing boat activity has the same meaning as in section 107 of the Act.\n> > \n> > endorsement means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery or to take fish in a share management fishery.\n> > \n> > Note.\n> > \n> > An endorsement includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, under an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act.\n> > \n> > estuarine waters means waters ordinarily subject to tidal influence (other than ocean waters).\n> > \n> > fisheries official means a fisheries officer or an officer of the Department.\n> > \n> > fishing authority has the same meaning as in Division 4C of Part 2 of the Act.\n> > \n> > fishing business card has the same meaning as in Division 3 of Part 11.\n> > \n> > fishing business transfer rules means the provisions of Part 10.\n> > \n> > high water mark means the mean line between approximate high water at spring tide and neap tide.\n> > \n> > inland restricted fishery means the restricted fishery declared under Division 3 of Part 9.\n> > \n> > inland waters means waters not subject to tidal influence.\n> > \n> > Lord Howe Island waters means the waters within 3 nautical miles of—\n> > \n> > > (a) the high water mark on Lord Howe Island, or\n> > \n> > > (b) Balls Pyramid.\n> > \n> > ocean waters means waters east of the natural coast line of New South Wales.\n> > \n> > protected fish means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act.\n> > \n> > recognised fishing ground means an area identified as a recognised fishing ground in accordance with clause 94.\n> > \n> > restricted species of fish means any species of fish referred to in Table 1 or Table 2 in clause 6.\n> > \n> > sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 9.\n> > \n> > southern fish trawl endorsement means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.\n> > \n> > southern fish trawl restricted fishery means the restricted fishery declared under Division 2 of Part 9.\n> > \n> > Supporting Plan means the Fisheries Management Supporting Plan set out in the Appendix to the [Fisheries Management (Supporting Plan) Regulation 2006](/view/html/inforce/current/sl-2006-0733).\n> > \n> > the Act means the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n> > \n> > tributary of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water.\n> > \n> > use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, the natural coast line is defined by a line drawn along the high water mark of the sea, except as follows—\n> > \n> > > (a) where an estuary meets the coast—the natural coast line is defined as follows—\n> > > \n> > > > (i) if an estuary has two breakwalls at the confluence with the South Pacific Ocean, by a line drawn across the easternmost extremity of both break walls,\n> > > \n> > > > (ii) if an estuary has only 1 breakwall, by a line drawn from the easternmost extremity of the breakwall to the northern or southern extremity of the high water mark on the opposite bank,\n> > > \n> > > > (iii) if an estuary enters the South Pacific Ocean and there are no defined points available, by a line drawn across the entrance between the easternmost extremity of the drying points on each bank,\n> > \n> > > (b) in relation to the following waters, the natural coast line is defined as follows—\n> > > \n> > > > (i) Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the Northern extremity of Tomaree Point,\n> > > \n> > > > (ii) Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head,\n> > > \n> > > > (iii) Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head,\n> > > \n> > > > (iv) Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point,\n> > > \n> > > > (v) Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point,\n> > > \n> > > > (vi) Jervis Bay—by a line drawn from the southeastern point of Point Perpendicular to the southeastern point of Bowen Island then to the northeastern point of Governor Head,\n> > > \n> > > > (vii) Wagonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head,\n> > > \n> > > > (viii) Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point.\n> \n> > (3) A reference in this Regulation to any of the following fisheries is a reference to the share management fishery of that name as described in Schedule 1 to the Act—\n> > \n> > > (a) abalone fishery,\n> > \n> > > (b) estuary general fishery,\n> > \n> > > (c) estuary prawn trawl fishery,\n> > \n> > > (d) lobster fishery,\n> > \n> > > (e) ocean hauling fishery,\n> > \n> > > (f) ocean trap and line fishery,\n> > \n> > > (g) ocean trawl fishery.\n> \n> > (4) A reference in this Regulation to being convicted of an offence includes a reference to being found guilty of the offence.\n> \n> > (5) A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act.\n> \n> > (6) A reference in this Regulation to a distance upstream or downstream in particular waters is to be read as a reference to the distance as measured along an imaginary line drawn through the centre of those waters.\n> \n> > (7) In this Regulation, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.\n> \n> > (8) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2021 (482), Sch 1\\[1\\]; 2022 (688), Sch 3\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions of fish species","content":"#### 4 Definitions of fish species\n\n4 Definitions of fish species\n\n> > (1) In this Regulation (unless otherwise defined)—\n> > \n> > abalone means fish of the species *Haliotis rubra*.\n> > \n> > carp means all species of carp, including goldfish and any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (*Perca fluviatilis*).\n> > \n> > freshwater shrimp means fish of the group *Caridea*.\n> > \n> > pipi means fish of the species *Donax deltoides*.\n> > \n> > prawn means fish of the family *Penaeidae* and *Macrobrachium* spp.\n> > \n> > rock lobster means eastern rock lobster (*Sagmariasus verreauxi*), southern rock lobster (*Jasus edwardsii*) and tropical rock lobster (*Panulirus* spp. except *Panulirus cygnus*).\n> > \n> > saltwater nipper means fish of the genus *Callianassa* and *Alpheus* spp.\n> > \n> > sea urchin means fish of the class *Echinoidea*.\n> > \n> > shellfish means fish of the classes *Gastropoda* and *Bivalvia*.\n> > \n> > trout means brook trout (*Salvelinus fontinalis*), brown trout (*Salmo trutta*) and rainbow trout (*Oncorhynchus mykiss*).\n> > \n> > turban shell means fish of the family *Turbinidae*.\n> > \n> > turban snail means fish of the species *Lunella torquata* and *Turbo militaris*.\n> > \n> > yabby means fish of the species *Cherax*.\n> \n> > (2) (Repealed)\n> \n> **cl 4:** Am 2022 No 59, Sch 1.16; 2023 (13), Sch 5\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"The share management plan for a fishery prevails over this Regulation","content":"#### 5 The share management plan for a fishery prevails over this Regulation\n\n5 The share management plan for a fishery prevails over this Regulation\n\n> This Regulation is subject to section 62 of the Act.\n> \n> Note.\n> \n> Section 62 of the Act provides that if a provision of a share management plan is inconsistent with any other regulation under the Act, the share management plan prevails (unless the provision of the regulation is expressed to have effect despite the share management plan).","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prohibited size fish, bag limits, protected fish and protected waters","content":"# Part 2 Prohibited size fish, bag limits, protected fish and protected waters\n\nPart 2 Prohibited size fish, bag limits, protected fish and protected waters\n\nNote.\n\nPart 7A of the Act deals with the conservation of threatened species of fish and includes prohibitions on the taking of certain species of fish.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Prohibited size fish","content":"## Division 1 Prohibited size fish\n\nDivision 1 Prohibited size fish","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Prohibited size fish","content":"#### 6 Prohibited size fish\n\n6 Prohibited size fish\n\n> > (1) For the purposes of section 15 (1) of the Act, a fish is a prohibited size fish if—\n> > \n> > > (a) in the case of a fish of a species specified in Table 1—the measurement or weight of the fish is less than the minimum measurement or weight specified for that species of fish, or\n> > \n> > > (b) in the case of a fish of a species specified in Table 2—the measurement of the fish is more than the maximum measurement specified for that species of fish.\n> \n> > (2) For a species that has both a minimum measurement and a minimum weight, the fish is not a prohibited size fish if either the measurement or the weight exceeds the minimum.\n> \n> > (3) For the purposes of section 15 (2) of the Act, the method of determining the measurement of any class of fish is as follows—\n> > \n> > > (a) except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail,\n> > \n> > > (b) in the case of abalone—the diameter of the shell is to be measured along its longest axis,\n> > \n> > > (c) in the case of balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),\n> > \n> > > (d) in the case of crab (other than spanner crab)—the length of the crab is to be measured along the body from the notch between the most protruding frontal teeth to the centre of the posterior margin of the carapace,\n> > \n> > > (e) in the case of spanner crab—the length of the spanner crab is to be measured along the body from the base of the orbital notch to the centre of the posterior margin of the carapace,\n> > \n> > > (f) in the case of Murray crayfish or other spiny crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace,\n> > \n> > > (g) in the case of rock lobster—the length of the carapace of the rock lobster is to be measured along the straight line from the point of union of the second antennae to the centre of the posterior margin of the carapace (ignoring any hairs attached to the carapace),\n> > \n> > > (h) in the case of turban snail—the diameter of the shell is to be measured along its longest axis.\n> \n> > (4) If a fish is frozen, refrigerated or chilled, the size of the fish is to be determined as so frozen, refrigerated or chilled.\n> \n> Table 1 Prohibited size fish (minimum measurements)\n> \n> | Common name | Species | Minimum measurement |\n> | Marine and estuarine fish |\n> | Rock Blackfish | Girella elevata | 30 cm |\n> | Black Bream, Southern Bream | Acanthopagrus butcheri | 25 cm |\n> | Yellowfin Bream | Acanthopagrus australis | 25 cm |\n> | Dusky Flathead, Common Flathead | Platycephalus fuscus | 36 cm |\n> | Bluespotted Flathead, Sand Flathead | Platycephalus caeruleopunctatus | 33 cm |\n> | Tiger Flathead | Platycephalus richardsoni | 33 cm |\n> | Flounder | Bothidae spp. and Pleuronectidae spp. | 25 cm |\n> | Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper | Achoerodus viridis | 30 cm |\n> | Luderick | Girella tricuspidata | 27 cm |\n> | Spanish Mackerel | Scomberomorus commerson | 75 cm |\n> | Spotted Mackerel | Scomberomorus munroi | 60 cm |\n> | Mahi Mahi, Dolphinfish | Coryphaena hippurus | 60 cm |\n> | Jackass Morwong | Nemadactylus macropterus | 30 cm |\n> | Red Morwong, Sea Carp | Cheilodactylus fuscus | 30 cm |\n> | Grey Morwong, Rubberlip Morwong | Nemadactylus douglasii | 30 cm |\n> | Sea Mullet, Bully Mullet | Mugil cephalus | 30 cm |\n> | Mulloway | Argyrosomus japonicus | 45 cm |\n> | Pearl Perch | Glaucosoma scapulare | 30 cm |\n> | School Shark | Galeorhinus galeus | 91 cm |\n> | Snapper | Chrysophrys auratus | 30 cm |\n> | Tailor | Pomatomus saltatrix | 30 cm |\n> | Tarwhine | Rhabdosargus sarba | 20 cm |\n> | Teraglin | Atractoscion atelodus | 38 cm |\n> | Silver Trevally | Pseudocaranx georgianus | 30 cm |\n> | Sand Whiting, Silver Whiting | Sillago ciliata | 27 cm |\n> | Yellowtail Kingfish | Seriola lalandi | 65 cm |\n> | Marine and estuarine invertebrates |\n> | Blacklip Abalone, Abalone | Haliotis rubra | 11.7 cm |\n> | Balmain Bug | Ibacus peronii, ibacus chacei | 10 cm |\n> | Blue Swimmer Crab, Sand Crab | Portunus armatus | 6.5 cm in the case of a holder of an endorsement in a share management fishery or the southern fish trawl restricted fishery6 cm in any other case |\n> | Mud Crab, Black Crab, Mangrove Crab | Scylla serrata | 8.5 cm |\n> | Spanner Crab | Ranina ranina | 9.3 cm |\n> | Eastern Rock Lobster | Sagmariasus verreauxi | 10.4 cm |\n> | Southern Rock Lobster (male) | Jasus edwardsii | 11 cm |\n> | Southern Rock Lobster (female) | Jasus edwardsii | 10.5 cm |\n> | Rough Turban Shell, Sydney Turban Snail | Lunella torquata | 7.5 cm |\n> | Military Turban Shell, Military Turban Snail | Turbo militaris | 7.5 cm |\n> | Freshwater and estuarine fish |\n> | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus | 30 cm |\n> | Murray Cod | Maccullochella peelii | 55 cm |\n> | Longfin Eel | Anguilla reinhardtii | 58 cm |\n> | Southern Shortfin Eel | Anguilla australis | 30 cm |\n> | Golden Perch, Yellow Belly Perch | Macquaria ambigua | 30 cm |\n> | Silver Perch | Bidyanus bidyanus | 25 cm |\n> | Atlantic Salmon | Salmo salar | 25 cm |\n> | Brook Trout | Salvelinus fontinalis | 25 cm |\n> | Brown Trout | Salmo trutta | 25 cm |\n> | Rainbow Trout | Oncorhynchus mykiss | 25 cm |\n> | Freshwater and estuarine invertebrates |\n> | Spiny Crayfish, Eastern Freshwater Crayfish (other than Murray Crayfish) | Euastacus spp. (other than Euastacus armatus) | 9 cm |\n> | Murray Crayfish | Euastacus armatus | 10 cm |\n> | Minimum weight |\n> | Longfin Eel | Anguilla reinhardtii | 500 grams |\n> \n> Table 2 Prohibited size fish (maximum measurements)\n> \n> | Common name | Species | Maximum measurement |\n> | Eastern Rock Lobster | Sagmariasus verreauxi | 18 cm |\n> | Murray Cod | Maccullochella peelii | 75 cm |\n> | Murray Crayfish | Euastacus armatus | 12 cm |\n> \n> **cl 6:** Am 2023 (13), Sch 5\\[2\\]–\\[4\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Defence—taking of mullet for bait","content":"#### 7 Defence—taking of mullet for bait\n\n7 Defence—taking of mullet for bait\n\n> For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 16 (1) of the Act (relating to possession of prohibited size fish) if the person charged satisfies the court that—\n> \n> > (a) the prohibited size fish concerned are mullet (*Mugil cephalus*), and\n> \n> > (b) the fish do not exceed 15 cm in measurement, and\n> \n> > (c) the fish have been lawfully taken by a person other than a commercial fisher, and\n> \n> > (d) the fish are live bait, and\n> \n> > (e) the person charged with the offence is in possession of no more than 20 of the prohibited size fish.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Bag limits","content":"## Division 2 Bag limits\n\nDivision 2 Bag limits","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Bag limits—taking of fish","content":"#### 8 Bag limits—taking of fish\n\n8 Bag limits—taking of fish\n\n> For the purposes of section 17 (1) of the Act, Part 1 of Schedule 1 specifies the daily limit that applies to a particular species of fish and Part 2 of Schedule 1 specifies the daily limit that applies to a particular species of fish when taken from particular waters.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Bag limits—possession of fish","content":"#### 9 Bag limits—possession of fish\n\n9 Bag limits—possession of fish\n\n> > (1) For the purposes of section 17B (1) (a) of the Act, Part 1 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to any waters or is transporting or storing the fish.\n> \n> > (2) For the purposes of section 17B (1) (a) of the Act, Part 2 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to particular waters or is transporting or storing the fish otherwise than while in or on or adjacent to waters.\n> \n> > (3) If different possession limits are specified for a species of fish in relation to different waters, the possession limit that applies when a person in possession of that species of fish is transporting or storing the fish otherwise than while in or on or adjacent to waters is the lower or lowest of the possession limits specified for that species of fish.\n> \n> > (4) It is a defence to a prosecution for an offence against section 18 (2) of the Act that is constituted by transporting or storing fish, otherwise than while in or on or adjacent to waters, in a quantity that exceeds the possession limit of the fish, if the person charged satisfies the court that—\n> > \n> > > (a) the fish were taken from the waters specified in Part 2 of Schedule 1 for the particular species, and\n> > \n> > > (b) the quantity of fish in the person’s possession did not exceed the possession limit for the fish that would have applied if the person had been in or on or adjacent to the particular waters from which they were taken.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"General bag limit","content":"#### 10 General bag limit\n\n10 General bag limit\n\n> > (1) For any species of marine or estuarine fish (including marine or estuarine invertebrates and tunicates) not specified in Schedule 1—\n> > \n> > > (a) the daily limit of fish of that species is 20, and\n> > \n> > > (b) the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 20.\n> \n> > (2) For any species of native freshwater fish (other than invertebrates) not included in Schedule 1—\n> > \n> > > (a) the daily limit of fish of that species is 10, and\n> > \n> > > (b) the possession limit of fish of that species is 10, when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Application of bag limits to commercial fishers","content":"#### 11 Application of bag limits to commercial fishers\n\n11 Application of bag limits to commercial fishers\n\n> > (1) A daily limit specified in Schedule 1 or this Division does not apply in respect of fish lawfully taken by a commercial fisher for sale.\n> \n> > (2) A possession limit specified in Schedule 1 or this Division does not apply in respect of fish in the lawful possession of a commercial fisher for sale.\n> \n> > (3) However, those daily limits and possession limits do apply in respect of fish taken by, or in the possession of, a commercial fisher otherwise than for sale.\n> \n> > (4) Despite subclauses (1)–(3), the daily bag limits and possession limits specified in Schedule 1 or this Division do apply in respect of fish taken by, or in the possession of, a commercial fisher (whether or not the fish are taken or in possession for sale) if the fish were taken in Lord Howe Island waters by use of a boat and at the time that the fish were taken—\n> > \n> > > (a) the boat was being used as a charter fishing boat, or\n> > \n> > > (b) there were four or more persons on the boat (including any commercial fisher).\n> \n> > (5) Subclause (4) is subject to the exemption for fish taken for use as bait in charter fishing operations set out in clause 12.\n> \n> **cl 11:** Am 2026 (61), Sch 1\\[1\\] \\[2\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Application of bag limits to declared charter fishing activities","content":"#### 12 Application of bag limits to declared charter fishing activities\n\n12 Application of bag limits to declared charter fishing activities\n\n> > (1) A daily limit or possession limit specified in Schedule 1 or this Division does not apply in relation to charter fishing exempt fish in the possession of—\n> > \n> > > (a) a person operating or guiding a boat, or a person being guided or instructed on a boat, under a charter fishing licence in relation to a declared charter fishing activity, or\n> > \n> > > (b) a person carrying out a declared charter fishing activity.\n> \n> > (2) However, subclause (1) applies only if—\n> > \n> > > (a) the fish were taken for use as bait in a declared charter fishing activity, and\n> > \n> > > (b) the fish are not taken or in possession for sale.\n> \n> > (3) In this clause—\n> > \n> > charter fishing exempt fish means the following species of fish—\n> > \n> > > (a) *Engraulis australis* (Australian anchovy),\n> > \n> > > (b) family *Hemiramphidae* (garfish) other than *Hyporhamphus australis* (eastern sea garfish),\n> > \n> > > (c) family *Atherinidae* (hardyhead, silverfish),\n> > \n> > > (d) *Herklotsichthys castelnaui* (southern herring),\n> > \n> > > (e) *Scomber australasicus* (blue mackerel, slimy mackerel),\n> > \n> > > (f) *Etrumeus teres* (maray, round herring),\n> > \n> > > (g) *Sardinops sagax* (Australian sardine, pilchard),\n> > \n> > > (h) *Spratelloides robustus* (blue sprat, bluebait),\n> > \n> > > (i) *Hyperlophus vittatus* (sandy sprat, whitebait),\n> > \n> > > (j) *Trachurus* spp. (yellowtail, jack mackerel).\n> \n> **cl 12:** Am 2019 No 14, Sch 2.9\\[1\\]. Subst 2023 (13), Sch 5\\[5\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Defence—fish taken by commercial fisher","content":"#### 13 Defence—fish taken by commercial fisher\n\n13 Defence—fish taken by commercial fisher\n\n> > (1) For the Act, section 21(1)(d), it is a defence to a prosecution for an offence under the Act, section 18 relating to contravening a possession limit specified in this division or Schedule 1 if the person charged satisfies the court that the person purchased or otherwise acquired the fish from another person and either of the following applies—\n> > \n> > > (a) the person charged is the first purchaser of the fish and both of the following applied or the person had no reasonable grounds to suspect both of the following did not apply—\n> > > \n> > > > (i) the fisher from whom the person purchased or otherwise acquired the fish was a commercial fisher,\n> > > \n> > > > (ii) both the taking and the possession of the fish by the commercial fisher were lawful,\n> > \n> > > (b) the person charged is not the first purchaser of the fish and all of the following applied or the person had no reasonable grounds to suspect all of the following did not apply—\n> > > \n> > > > (i) the fisher from whom the first purchaser purchased or otherwise acquired the fish was a commercial fisher,\n> > > \n> > > > (ii) both the taking and the possession of the fish by the commercial fisher were lawful,\n> > > \n> > > > (iii) the possession of the fish by the first purchaser, and by each other person, if any, who possessed the fish before the person charged, was lawful.\n> \n> > (2) In this clause—\n> > \n> > first purchaser means the person who purchases or otherwise acquires the fish from the fisher who took the fish.\n> \n> **cl 13:** Subst 2026 (61), Sch 1\\[3\\].","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Protected fish","content":"## Division 3 Protected fish\n\nDivision 3 Protected fish","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Protected fish","content":"#### 14 Protected fish\n\n14 Protected fish\n\n> > (1) For the purposes of section 19 (1) of the Act, the species of fish specified in Table 1 are protected fish.\n> \n> > (2) For the purposes of section 19 (4) of the Act, the possession of the protected fish specified in Table 2 is prohibited absolutely.\n> \n> Table 1 Protected fish\n> \n> | Common name | Species |\n> | Marine and estuarine species |\n> | Ballina Angelfish | Chaetodontoplus ballinae |\n> | Blue Drummer, Bluefish | Girella cyanea |\n> | Eastern Blue Devil, Bleekers Devil Fish | Paraplesiops bleekeri |\n> | Elegant Wrasse | Anampses elegans |\n> | Goldspotted Rockcod, Estuary Cod | Epinephelus coioides |\n> | Ghostpipefish | Family Solenostomidae |\n> | Queensland Groper, Giant Queensland Groper | Epinephelus lanceolatus |\n> | Sandtiger Shark, Herbsts Nurse Shark | Odontaspis ferox |\n> | Pipefish, Pipehorse, Seadragon, Seahorse | Family Syngnathidae |\n> | Seamoth | Family Pegasidae |\n> | Freshwater species |\n> | Isopod | Crenoicus harrisoni |\n> \n> Table 2 Protected fish—possession prohibited absolutely\n> \n> | Common name | Species |\n> | Marine and estuarine species |\n> | Ballina Angelfish | Chaetodontoplus ballinae |\n> | Blue Drummer, Bluefish | Girella cyanea |\n> | Eastern Blue Devil, Bleekers Devil Fish | Paraplesiops bleekeri |\n> | Elegant Wrasse | Anampses elegans |\n> | Ghostpipefish | Family Solenostomidae |\n> | Sandtiger Shark, Herbsts Nurse Shark | Odontaspis ferox |\n> | Pipefish, Pipehorse, Seadragon, Seahorse | Family Syngnathidae |\n> | Seamoth | Family Pegasidae |\n> | Freshwater species |\n> | Isopod | Crenoicus harrisoni |\n> \n> **cl 14:** Am 2021 (482), Sch 1\\[2\\].","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Fish protected from commercial fishing","content":"#### 15 Fish protected from commercial fishing\n\n15 Fish protected from commercial fishing\n\n> > (1) For the purposes of section 20 (1) of the Act, the species of fish specified in Table 1 are protected absolutely from all commercial fishing.\n> \n> > (2) For the purposes of section 20 (4) of the Act, the sale of any species of fish specified in Table 2 is prohibited absolutely.\n> \n> Table 1 Fish protected absolutely from all commercial fishing\n> \n> | Common name | Species |\n> | Marine and estuarine species |\n> | Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper | Achoerodus viridis |\n> | Black Marlin | Makaira indica |\n> | Blue Marlin | Makaira nigricans |\n> | Striped Marlin | Kajikia audax |\n> | Freshwater species |\n> | Atlantic Salmon | Salmo salar |\n> | Australian Bass | Macquaria novemaculeata |\n> | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus |\n> | Estuary Perch | Macquaria colonorum |\n> | Freshwater Crayfish | Genera Euastacus and Cherax except common yabby Cherax destructor |\n> | Golden Perch, Yellow Belly Perch | Macquaria ambigua |\n> | Murray Cod | Maccullochella peelii |\n> | Brook Trout | Salvelinus fontinalis |\n> | Brown Trout | Salmo trutta |\n> | Rainbow Trout | Oncorhynchus mykiss |\n> \n> Table 2 Fish protected absolutely from sale\n> \n> | Common name | Species |\n> | Marine and estuarine species |\n> | Black Marlin | Makaira indica |\n> | Blue Marlin | Makaira nigricans |\n> | Striped Marlin | Kajikia audax |\n> | Freshwater species |\n> | Atlantic Salmon | Salmo salar |\n> | Australian Bass | Macquaria novemaculeata |\n> | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus |\n> | Estuary Perch | Macquaria colonorum |\n> | Freshwater Crayfish | Genera Euastacus and Cherax except common yabby Cherax destructor |\n> | Brook Trout | Salvelinus fontinalis |\n> | Brown Trout | Salmo trutta |\n> | Rainbow Trout | Oncorhynchus mykiss |\n> \n> **cl 15:** Am 2023 (13), Sch 5\\[6\\].","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Defence—blue drummer taken from Lord Howe Island waters","content":"#### 16 Defence—blue drummer taken from Lord Howe Island waters\n\n16 Defence—blue drummer taken from Lord Howe Island waters\n\n> > (1) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (2) or (3) of the Act (relating to the taking or possession of blue drummer) if the person charged satisfies the court that—\n> > \n> > > (a) the blue drummer were taken from Lord Howe Island waters, and\n> > \n> > > (b) the person’s possession of the fish would, but for the fish being protected fish, be lawful.\n> \n> > (2) In this clause, blue drummer means fish of the species *Girella cyanea*, commonly known as blue drummer or bluefish.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Defence—aquarium fish","content":"#### 17 Defence—aquarium fish\n\n17 Defence—aquarium fish\n\n> For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (3) of the Act (relating to the possession of protected fish) if the person charged satisfies the court that—\n> \n> > (a) the fish are of the family *Pegasidae*, *Solenostomidae* or *Syngnathidae*, commonly known as seamoths, ghostpipefish, pipefish, pipehorses, seadragons and seahorses, and\n> \n> > (b) the fish are being kept in an aquarium for exhibition or are in the person’s possession for the purposes of sale in the aquarium industry, and\n> \n> > (c) the fish were lawfully cultivated in or lawfully taken from waters to which this Act does not apply.","sortOrder":21},{"sectionNumber":"Division 4","sectionType":"division","heading":"Fish and waters protected from commercial and recreational fishing","content":"## Division 4 Fish and waters protected from commercial and recreational fishing\n\nDivision 4 Fish and waters protected from commercial and recreational fishing","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Fish and waters protected from commercial fishing","content":"#### 18 Fish and waters protected from commercial fishing\n\n18 Fish and waters protected from commercial fishing\n\n> > (1) For the purposes of section 20 (2) of the Act, Schedule 2 specifies the particular waters in which all commercial fishing, or a particular class of commercial fishing, is prohibited.\n> \n> > (2) For the purposes of section 20 (2) of the Act, commercial fishing other than the following commercial fishing activities is prohibited in all ocean and estuarine waters—\n> > \n> > > (a) a fishing activity referred to in Schedule 1 to the Act,\n> > \n> > > (b) the taking of sea urchin or turban shell,\n> > \n> > > (c) the use of an otter trawl net (fish) or danish seine trawl net (fish) to take fish (other than prawns) 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,\n> > \n> > > (d) the taking of fish from Lord Howe Island waters.\n> \n> > (3) For the purposes of section 20 (2) of the Act, any commercial fishing activity other than the taking of yabbies or carp is prohibited in all inland waters.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Fish and waters protected from recreational fishing","content":"#### 19 Fish and waters protected from recreational fishing\n\n19 Fish and waters protected from recreational fishing\n\n> > (1) For the purposes of section 20A (2) of the Act, Schedule 3 specifies the particular waters in which the taking of a particular species of fish by a particular method is prohibited and the period during which it is prohibited.\n> \n> > (2) This clause does not apply in respect of a commercial fisher taking fish for sale as authorised under the Act.","sortOrder":24},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Part does not authorise action contrary to prohibitions or other controls","content":"#### 20 Part does not authorise action contrary to prohibitions or other controls\n\n20 Part does not authorise action contrary to prohibitions or other controls\n\n> > (1) Nothing in this Part affects any prohibition or conditions imposed by or under the Act or the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) with respect to the taking of fish.\n> \n> > (2) In particular, a provision of this Part that specifies a minimum measurement, daily limit or possession limit in respect of any species of fish is not to be construed as authorising any of the following—\n> > \n> > > (a) the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,\n> > \n> > > (b) the taking for sale of any fish that are protected from commercial fishing under section 20 (1) of the Act,\n> > \n> > > (c) the taking for sale of fish from any area protected from commercial fishing,\n> > \n> > > (d) the taking of fish protected from recreational fishing,\n> > \n> > > (e) the taking of fish from any area protected from recreational fishing,\n> > \n> > > (f) the taking of fish in contravention of any provision of, or any instrument or notification under, the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072).","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Fishing gear","content":"# Part 3 Fishing gear\n\nPart 3 Fishing gear\n\nNote.\n\nUnder section 24 of the Act it is an offence for a person to use a net or trap for taking fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Fishing gear cannot be used in contravention of other restrictions","content":"#### 21 Fishing gear cannot be used in contravention of other restrictions\n\n21 Fishing gear cannot be used in contravention of other restrictions\n\n> > (1) A provision of this Part that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect any prohibition or conditions imposed by or under the Act or the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) with respect to the taking of fish.\n> \n> > (2) In particular, nothing in this Part is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for any of the following—\n> > \n> > > (a) the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,\n> > \n> > > (b) the taking of fish that are prohibited size fish or protected fish,\n> > \n> > > (c) the taking for sale of fish protected from commercial fishing under section 20 (1) of the Act,\n> > \n> > > (d) the taking for sale of fish from any area protected from commercial fishing,\n> > \n> > > (e) the taking of fish protected from recreational fishing,\n> > \n> > > (f) the taking of fish from any area protected from recreational fishing,\n> > \n> > > (g) the taking of fish in contravention of any provision of, or any instrument or notification under, the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> > \n> > > (h) the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Lawful use of fishing gear","content":"#### 22 Lawful use of fishing gear\n\n22 Lawful use of fishing gear\n\n> > (1) For the purposes of this Part, a person who holds a commercial fishing licence that does not authorise the person to take fish for sale in a restricted fishery or a share management fishery is to be treated, in respect of that fishery, as a person who is not a commercial fisher.\n> \n> > (2) Accordingly, despite the other provisions of this Part, it is unlawful for such a person to use a net or other fishing gear for taking any fish in that restricted fishery or share management fishery if the use of that net or gear for taking those fish would, if the person were not a commercial fisher, be unlawful.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain fishing gear prohibited in vicinity of Fish Rock","content":"#### 23 Use of certain fishing gear prohibited in vicinity of Fish Rock\n\n23 Use of certain fishing gear prohibited in vicinity of Fish Rock\n\n> > (1) A person must not take, by means of a spear, spear gun or similar device, any fish from Fish Rock waters other than fish of the following species—\n> > \n> > > (a) family *Carangidae* (trevally, kingfish, rainbow runner),\n> > \n> > > (b) family *Scombridae* (mackerel, wahoo),\n> > \n> > > (c) family *Istiophoridae* (marlin, sailfish),\n> > \n> > > (d) *Rachycentron canadum* (cobia),\n> > \n> > > (e) *Pomatomus saltatrix* (tailor),\n> > \n> > > (f) *Coryphaena hippurus* (mahi mahi, dolphinfish),\n> > \n> > > (g) *Arripis trutta* (eastern Australian salmon).\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) In this clause, Fish Rock waters means all waters within 200 metres of the mean high water mark of Fish Rock at 30°56.325′S, 153°06.052′E.\n> \n> **cl 23:** Am 2019 No 14, Sch 2.9\\[2\\].","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Beach safety meshing nets","content":"#### 24 Beach safety meshing nets\n\n24 Beach safety meshing nets\n\n> > (1) It is lawful for an officer of the Department or a person acting on behalf of the Secretary to use a beach safety meshing net if the net is used for the purposes of shark meshing activities and complies with the following conditions—\n> > \n> > > (a) the net is used only as a sunk net and no part of the net (excluding buoys) is on the surface of the water,\n> > \n> > > (b) the floatline and leadline consist of synthetic rope of 150 metres in length and at least 8 mm in diameter and have a breaking strain of at least 900 kg,\n> > \n> > > (c) approved net floats are attached to the floatline at intervals of not more than 5 metres,\n> > \n> > > (d) the netting twine is continuous synthetic filament with a breaking strain of at least 60 kg,\n> > \n> > > (e) the mesh size is 60 cm and the number of meshes is not less than 12 meshes deep so that the net is approximately 6 metres high when set,\n> > \n> > > (f) both ends of the net are marked on the surface of the water by a buoy that—\n> > > \n> > > > (i) is moored so as to be positioned above the end of the net, and\n> > > \n> > > > (ii) measures at least 200 mm in all dimensions, and\n> > > \n> > > > (iii) displays “SHARK NET” in clearly visible letters.\n> \n> > (2) To measure the mesh size, the net is to be soaked in water for a period of not less than 5 minutes, then stretched out and the distance between the inside edges of the knots measured using a steel rule that is certified in accordance with the [National Measurement Act 1960](http://www.legislation.gov.au/) of the Commonwealth or in a manner approved by the Secretary.\n> \n> > (3) In this clause, approved net float means a float that is at least 10 cm in diameter and at least 5 cm in thickness or a float of equivalent buoyancy approved by the Secretary.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Nets used in share management fisheries","content":"#### 25 Nets used in share management fisheries\n\n25 Nets used in share management fisheries\n\n> > (1) A net specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the net.\n> \n> > (2) The description of the net, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the share management plan for the fishery concerned (including any requirements of the Supporting Plan that apply to the fishery).\n> \n> Table\n> \n> | Net | Share management fishery |\n> | Bait net | Estuary general |\n> | Danish seine trawl net (fish) | Ocean trawl |\n> | Dip or scoop net (prawns) | Estuary general |\n> | Flathead net | Estuary general |\n> | Garfish net (bullringing) | Estuary general |\n> | Garfish net (hauling) | Estuary general |\n> |  | Ocean hauling |\n> | Hand-hauled prawn net | Estuary general |\n> | Hauling net (general purpose) | Estuary general |\n> |  | Ocean hauling |\n> | Landing net | Estuary general |\n> |  | Estuary prawn trawl |\n> |  | Ocean hauling |\n> |  | Ocean trap and line |\n> |  | Ocean trawl |\n> |  | Lobster |\n> | Meshing net | Estuary general |\n> | Otter trawl net (fish) | Ocean trawl |\n> | Otter trawl net (prawns) | Ocean trawl |\n> |  | Estuary prawn trawl |\n> | Pilchard, anchovy and bait net (hauling) | Estuary general |\n> |  | Ocean hauling |\n> | Prawn net (hauling) | Estuary general |\n> | Prawn net (set pocket) | Estuary general |\n> | Prawn running net | Estuary general |\n> | Purse seine net | Ocean hauling |\n> | Push or scissors net | Estuary general |\n> | Seine net (prawns) | Estuary general |\n> | Spanner crab net | Ocean trap and line |\n> | Trumpeter whiting net (hauling) | Estuary general |\n> \n> Note.\n> \n> Some of these nets may also be used in restricted fisheries and by recreational fishers. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Otter trawl net (fish)—southern fish trawl restricted fishery","content":"#### 26 Otter trawl net (fish)—southern fish trawl restricted fishery\n\n26 Otter trawl net (fish)—southern fish trawl restricted fishery\n\n> > (1) It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobster) in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used only by the method of bottom trawling,\n> > \n> > > (b) no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),\n> > \n> > > (c) the mesh of the net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),\n> > \n> > > (d) any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,\n> > \n> > > (e) the mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),\n> > \n> > > (f) the net is fitted with a bycatch reduction device of a kind approved by the Secretary and that device is fitted in accordance with any specifications issued by the Secretary and published in the Gazette.\n> \n> > (2) An otter trawl net may have attached to it any of the following—\n> > \n> > > (a) a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,\n> > \n> > > (b) a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,\n> > \n> > > (c) a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the lateral openings of the meshes or the mesh size of the meshes to less than required by this clause.\n> \n> > (3) The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be more than 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Secretary and published in the Gazette.\n> \n> > (4) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—southern fish trawl restricted fishery.\n> \n> > (5) In this clause, codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.\n> \n> Table\n> \n> | Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not exceeding 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres. |","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Danish seine trawl net (fish)—southern fish trawl restricted fishery","content":"#### 27 Danish seine trawl net (fish)—southern fish trawl restricted fishery\n\n27 Danish seine trawl net (fish)—southern fish trawl restricted fishery\n\n> > (1) It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobster) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the net is used only by the method of danish seining.\n> \n> > (2) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)—southern fish trawl restricted fishery.\n> \n> Table\n> \n> | Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.Description of net—Mesh not less than 83 mm throughout. |","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Application of Division","content":"#### 28 Application of Division\n\n28 Application of Division\n\n> Subject to anything to the contrary in this Division, the nets described in this Division may be lawfully used by any person (whether or not a commercial fisher).","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Spanner crab net","content":"#### 29 Spanner crab net\n\n29 Spanner crab net\n\n> > (1) It is lawful for a person to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,\n> > \n> > > (b) a person does not use more than 1 spanner crab net at any one time,\n> > \n> > > (c) the net is not used unless its position is indicated by a buoy that—\n> > > \n> > > > (i) is moored so as to be positioned above the net, and\n> > > \n> > > > (ii) measures not less than 100 mm in all dimensions, and\n> > > \n> > > > (iii) has a height above the water of not less than 50 mm, and\n> > > \n> > > > (iv) has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and\n> > > \n> > > > (v) displays the letters “SN” and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy.\n> \n> > (2) This clause does not apply to or in respect of the holder of an endorsement in the ocean trap and line fishery when taking fish for sale in that fishery.\n> > \n> > Note.\n> > \n> > See the [Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006](/view/html/inforce/current/sl-2006-0738) in relation to the use of spanner crab nets in the ocean trap and line fishery.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a spanner crab net.\n> \n> Table\n> \n> | Waters—Ocean waters north of Korogoro Point (Hat Head).Description of net: netting attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width; netting not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position; no more than 2 layers of netting. |","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Hoop or lift net","content":"#### 30 Hoop or lift net\n\n30 Hoop or lift net\n\n> > (1) It is lawful for a person to use a hoop or lift net for taking fish (other than rock lobster or restricted species of fish) in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,\n> > \n> > > (b) a person uses no more than—\n> > > \n> > > > (i) 4 nets at any one time when fishing in estuarine waters only, and\n> > > \n> > > > (ii) 5 nets at any one time when fishing in inland waters only (including any open pyramid lift nets),\n> > \n> > > (c) the net is not used unless its position is indicated by a buoy that—\n> > > \n> > > > (i) is moored so as to be positioned above the net, and\n> > > \n> > > > (ii) measures not less than 100 mm in all dimensions, and\n> > > \n> > > > (iii) has a height above the water of not less than 50 mm, and\n> > > \n> > > > (iv) is moored so that no rope is floating on the surface of the water, and\n> > > \n> > > > (v) in the case of a net used by a person other than a commercial fisher—displays the letters “HN”, and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and\n> > > \n> > > > (vi) in the case of a net used by a commercial fisher in inland waters—displays the letters “HN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,\n> > \n> > > (d) in the case of the use of a hoop or lift net in inland waters by a person other than a commercial fisher—the net is not left set for more than 24 hours.\n> \n> > (2) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hoop or lift net.\n> \n> > (3) For the purposes of this clause, restricted species of fish does not include the following—\n> > \n> > > (a) *Portunus armatus* (blue swimmer crab or sand crab),\n> > \n> > > (b) *Scylla serrata* (mud crab, black crab or mangrove crab),\n> > \n> > > (c) *Euastacus* spp. (spiny crayfish, eastern freshwater crayfish or Murray crayfish).\n> \n> Table\n> \n> | Waters—Any waters (other than ocean waters).Description of net—Net attached to not more than 2 hoops, rings or frames not exceeding 1.25 metres in their greatest diameter (or at their greatest diagonal); hoops, rings or frames not attached to each other by means of any rigid frame; total length from the centre of the plane of the hoop, ring or frame to the extremity of the net, or between the 2 hoops, rings or frames, not exceeding 1 metre; mesh not less than 13 mm. |\n> \n> **cl 30:** Am 2023 (13), Sch 5\\[4\\].","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Open pyramid lift net","content":"#### 31 Open pyramid lift net\n\n31 Open pyramid lift net\n\n> > (1) It is lawful for a person to use an open pyramid lift net for taking yabbies or spiny crayfish in the waters set out in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,\n> > \n> > > (b) a person uses no more than 5 nets at any one time (including any hoop or lift nets),\n> > \n> > > (c) the net is not used unless its position is indicated by a buoy that—\n> > > \n> > > > (i) is moored so as to be positioned above the net, and\n> > > \n> > > > (ii) measures not less than 100 mm in all dimensions, and\n> > > \n> > > > (iii) has a height above the water of not less than 50 mm, and\n> > > \n> > > > (iv) is moored so that no rope is floating on the surface of the water, and\n> > > \n> > > > (v) in the case of a net used by a person other than a commercial fisher—displays the letters “PN”, and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and\n> > > \n> > > > (vi) in the case of a net used by a commercial fisher—displays the letters “PN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,\n> > \n> > > (d) in the case of a net used by a person other than a commercial fisher—the net is not left set for more than 24 hours.\n> \n> > (2) It is also lawful to use an open pyramid lift net to take freshwater shrimp that are taken by the open pyramid lift net when it is being lawfully used for taking yabbies or spiny crayfish.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an open pyramid lift net.\n> \n> > (4) In this clause, spiny crayfish means fish of the species *Euastacus*, commonly known as spiny crayfish, eastern freshwater crayfish or Murray crayfish.\n> \n> Table\n> \n> | Waters—Inland waters.Description of net—consisting of a base not exceeding 600 mm by 600 mm; a horizontal opening at the top of the netting that is parallel to the base and not less than 200 mm in all dimensions; mesh height of not more than 150 mm; mesh not less than 13 mm nor more than 40 mm. |","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Hand-hauled prawn net","content":"#### 32 Hand-hauled prawn net\n\n32 Hand-hauled prawn net\n\n> > (1) It is lawful for a person to use a hand-hauled net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is not staked or set, or joined or placed together with any other net,\n> > \n> > > (b) the net is continuously and manually propelled and not used as a stationary net,\n> > \n> > > (c) the net may be attached to up to 2 hauling lines that are not more than 2 metres in length each.\n> \n> > (2) It is also lawful for a person to use a hand-hauled net to take other fish (other than restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.\n> \n> > (3) This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.\n> > \n> > Note.\n> > \n> > See the [Fisheries Management (Estuary General Share Management Plan) Regulation 2006](/view/html/inforce/current/sl-2006-0734) in relation to the use of hand-hauled prawn nets in the estuary general fishery.\n> \n> > (4) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled prawn net.\n> \n> Table\n> \n> | Waters—Any waters (other than inland waters).Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm. |","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Push or scissors net (prawns)","content":"#### 33 Push or scissors net (prawns)\n\n33 Push or scissors net (prawns)\n\n> > (1) It is lawful for a person to use a push or scissors net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used only as a hand implement and is not staked or set, or joined or placed together with any other net,\n> > \n> > > (b) the net is continuously propelled and not used as a stationary net,\n> > \n> > > (c) the net is operated only by 1 person without assistance from any other person,\n> > \n> > > (d) a person uses only 1 net at any one time.\n> \n> > (2) It is also lawful to use a push or scissors net to take other fish (other than restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.\n> \n> > (3) This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.\n> > \n> > Note.\n> > \n> > See the [Fisheries Management (Estuary General Share Management Plan) Regulation 2006](/view/html/inforce/current/sl-2006-0734) in relation to the use of push or scissors nets (prawns) in the estuary general fishery.\n> \n> > (4) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a push or scissors net (prawns).\n> \n> Table\n> \n> | Waters—Any waters (other than inland waters).Description of net—Net attached to a scissors-type frame; length of lead or bottom line between the lower extremities of the poles not exceeding 2.75 metres; mesh not less than 30 mm nor more than 36 mm. |","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Dip or scoop net (prawns)","content":"#### 34 Dip or scoop net (prawns)\n\n34 Dip or scoop net (prawns)\n\n> > (1) It is lawful for a person to use a dip or scoop net for taking prawns or any other fish in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,\n> > \n> > > (b) a person uses only 1 net at any one time.\n> \n> > (2) This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.\n> > \n> > Note.\n> > \n> > See the [Fisheries Management (Estuary General Share Management Plan) Regulation 2006](/view/html/inforce/current/sl-2006-0734) in relation to the use of dip or scoop nets (prawns) in the estuary general fishery.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a dip or scoop net (prawns).\n> \n> Table\n> \n> | Waters—Any waters (other than inland waters).Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, with a total length from the centre of the plane of the frame, hoop or ring to the extremity of the net not exceeding 1.25 metres; mesh not less than 20 mm. |","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Hand-hauled yabby net","content":"#### 35 Hand-hauled yabby net\n\n35 Hand-hauled yabby net\n\n> > (1) It is lawful for a person to use a hand-hauled net for taking yabbies in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,\n> > \n> > > (b) the net is continuously and manually propelled and not used as a stationary net,\n> > \n> > > (c) the net is operated by 1 person only (with the assistance of no more than 1 other person).\n> \n> > (2) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled yabby net.\n> \n> Table\n> \n> | Waters—Inland waters, being ground tanks, bore drains or lagoons.Description of net—Not exceeding 6 metres; mesh throughout not more than 40 mm; used with or without hauling lines or poles. |","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Landing net","content":"#### 36 Landing net\n\n36 Landing net\n\n> > (1) It is lawful for a person to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) in the case of a net used by the holder of an endorsement in the southern fish trawl restricted fishery—the net is used only as an ancillary aid to another fishing method that it is lawful for the endorsement holder to use to take fish for sale in the waters concerned,\n> > \n> > > (b) in any other case—the net is used only as an ancillary aid to a rod and line or handline.\n> \n> > (2) This clause does not apply to or in respect of the holder of an endorsement in a share management fishery when taking fish for sale in that fishery.\n> > \n> > Note.\n> > \n> > See the Supporting Plan in relation to the use of landing nets in share management fisheries.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a landing net.\n> \n> Table\n> \n> | Waters—Any waters.Description of net—Consisting of a hoop or ring that is attached to netting or other soft material. |","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Traps used in share management fisheries","content":"#### 37 Traps used in share management fisheries\n\n37 Traps used in share management fisheries\n\n> > (1) A trap specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the trap.\n> \n> > (2) The description of the trap, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the share management plan for the fishery concerned (including any requirements of the Supporting Plan that apply to the fishery).\n> \n> Table\n> \n> | Trap | Share management fishery |\n> | Commercial crab trap | Estuary general |\n> | Commercial lobster trap | Lobster |\n> | Eel trap | Estuary general |\n> | Fish trap | Estuary general |\n> |  | Ocean trap and line |","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Recreational lobster trap","content":"#### 38 Recreational lobster trap\n\n38 Recreational lobster trap\n\n> > (1) It is lawful for a person to use a trap for taking rock lobster in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the trap is not used unless its position is indicated by a buoy that—\n> > > \n> > > > (i) is moored so as to be positioned above the trap, and\n> > > \n> > > > (ii) measures not less than 100 mm in all dimensions, and\n> > > \n> > > > (iii) has a height above the water of not less than 50 mm, and\n> > > \n> > > > (iv) has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and\n> > > \n> > > > (v) displays the letters “LT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,\n> > \n> > > (b) a person does not use more than 1 trap at any one time.\n> \n> > (2) This clause does not apply to or in respect of a commercial fisher who is taking rock lobster for sale.\n> > \n> > Note.\n> > \n> > See the [Fisheries Management (Lobster Share Management Plan) Regulation 2000](/view/html/inforce/current/sl-2000-0048) in relation to the use of lobster traps in the lobster fishery.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational lobster trap.\n> \n> Table\n> \n> | Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)).Description of trap—Consisting of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base not exceeding 1.2 metres in diameter); has 1, 2 or 3 rectangular unobstructed escape gaps (constructed of rigid material) fitted in the trap with at least 1 escape gap being not less than 57 mm by 500 mm, 2 escape gaps each being not less than 57 mm by 250 mm or 3 escape gaps each being not less than 57 mm by 200 mm and so that no part of any escape gap is more than 12 cm above the floor of the trap. |","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Recreational crab trap","content":"#### 39 Recreational crab trap\n\n39 Recreational crab trap\n\n> > (1) It is lawful for a person to use a trap for taking crabs in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the trap is not used unless its position is indicated by a buoy that—\n> > > \n> > > > (i) is moored so as to be positioned above the trap, and\n> > > \n> > > > (ii) measures not less than 100 mm in all dimensions, and\n> > > \n> > > > (iii) has a height above the water of not less than 50 mm, and\n> > > \n> > > > (iv) has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and\n> > > \n> > > > (v) displays the letters “CT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,\n> > \n> > > (b) the trap is not used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 3 metres apart,\n> > \n> > > (c) a person does not use more than 2 traps at any one time,\n> > \n> > > (d) the trap is not made of entanglement material.\n> \n> > (2) This clause does not apply to or in respect of an endorsement holder in the estuary general fishery when taking fish for sale in that fishery.\n> > \n> > Note.\n> > \n> > See the [Fisheries Management (Estuary General Share Management Plan) Regulation 2006](/view/html/inforce/current/sl-2006-0734) in relation to the use of crab traps in the estuary general fishery.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational crab trap.\n> \n> Table\n> \n> | Waters—Any waters (other than inland and ocean waters).Description of trap—Not exceeding 1.2 metres in length, 1 metre in width and 0.5 metre in depth (or has a diameter not exceeding 1.6 metres at the top or bottom); consisting of mesh not less than 50 mm; having not more than 4 entrance funnels none of which are on the top of the trap (excluding any access doors for removing crabs from the trap or baiting the trap). |","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Bait trap","content":"#### 40 Bait trap\n\n40 Bait trap\n\n> > (1) It is lawful for a person to use a trap for the taking of bait in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the trap is not used unless it is identified by a tag that—\n> > > \n> > > > (i) is securely attached to a part of the trap that is at or above water level, and\n> > > \n> > > > (ii) has dimensions of at least 80 mm by 45 mm, and\n> > > \n> > > > (iii) displays the letters “BT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,\n> > \n> > > (b) a person (other than a commercial fisher) does not use more than 1 trap at any one time.\n> \n> > (2) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a bait trap.\n> \n> Table\n> \n> | Waters—Any waters (other than inland waters).Description of trap—Not exceeding 450 mm in length and 350 mm in diameter with any entrance funnel not exceeding 60 mm in diameter. |","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Yabby trap","content":"#### 41 Yabby trap\n\n41 Yabby trap\n\n> > (1) It is lawful for a person to use a trap for taking yabbies in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the trap is not used unless its position is indicated by a buoy or tag,\n> > \n> > > (b) if the trap’s position is indicated by a buoy, the buoy must—\n> > > \n> > > > (i) be moored so as to be positioned above the trap, and\n> > > \n> > > > (ii) measure not less than 100 mm in all dimensions, and\n> > > \n> > > > (iii) have a height above the water of not less than 50 mm, and\n> > > \n> > > > (iv) be moored so that no rope is floating on the surface of the water,\n> > \n> > > (c) if the trap’s position is indicated by a tag, the tag must—\n> > > \n> > > > (i) be securely attached to a part of the trap that is at or above water level, and\n> > > \n> > > > (ii) be at least 80 mm by 45 mm in size,\n> > \n> > > (d) if the trap is not being used to take fish for sale, the buoy or tag must display the letters “YT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy or tag,\n> > \n> > > (e) if the trap is being used to take fish for sale, the buoy or tag must display the letters “YT”, the name of the commercial fisher using the trap and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy or tag,\n> > \n> > > (f) the maximum number of traps that can be used at any time is—\n> > > \n> > > > (i) if the trap is not being used to take fish for sale—5 traps (none of which may be left set for more than 24 hours), or\n> > > \n> > > > (ii) if the trap is being used in inland waters to take fish for sale—100 traps.\n> \n> > (2) It is lawful for a person to use a yabby trap to take freshwater shrimp that are taken by the yabby trap when it is being lawfully used to take yabbies.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a yabby trap.\n> \n> Table\n> \n> | Waters—Inland waters, other than the following—(a) public water land east of the Newell Highway,(b) the Murray River from the Newell Highway at Tocumwal downstream to the Echuca road bridge,(c) the Edward River from the Murray River at Picnic Point downstream to Stevens Weir,(d) the Murrumbidgee River from Narrandera to the Darlington Point road bridge.Description of trap—Not exceeding 1 metre in length, 0.6 metre in width and 0.3 metre in depth; constructed of netting or mesh (not being rigid mesh, such as metal or hard plastic) not less than 13 mm along the longest diagonal; has entrance funnel or funnels containing a rigid ring with a maximum internal diameter of 90 mm permanently affixed at some point along the funnel or funnels. |","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Shrimp trap","content":"#### 42 Shrimp trap\n\n42 Shrimp trap\n\n> > (1) It is lawful for a person to use a trap for taking freshwater shrimp in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—\n> > \n> > > (a) the trap is not used unless it is identified by a tag that—\n> > > \n> > > > (i) is securely attached to a part of the trap that is at or above water level, and\n> > > \n> > > > (ii) has dimensions of at least 80 mm by 45 mm, and\n> > > \n> > > > (iii) displays the letters “ST” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,\n> > \n> > > (b) a person does not use more than 1 trap at any one time,\n> > \n> > > (c) a person does not leave the trap set for more than 24 hours.\n> \n> > (2) It is lawful for a person to use a shrimp trap to take yabbies that are taken by the shrimp trap when it is being lawfully used to take freshwater shrimp.\n> \n> > (3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a shrimp trap.\n> \n> Table\n> \n> | Waters—Inland waters.Description of trap—Not exceeding 0.6 metre in length, 0.5 metre in width and 0.5 metre in depth; constructed of netting or mesh not greater than 13 mm along the longest diagonal; has entrance funnels that are not more than 35 mm in width at the narrowest point measured on any axis. |","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Attended lines","content":"#### 43 Attended lines\n\n43 Attended lines\n\n> > (1) A person must not, for the purpose of taking fish in any waters other than inland waters—\n> > \n> > > (a) use more than 4 lines, or\n> > \n> > > (b) use any line with more than 3 single hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure, or\n> > \n> > > (c) use any line with a gang of hooks that comprises more than 5 single hooks attached.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) Subclause (1)(b) does not apply to a person who, for the purpose of taking fish in any ocean waters or estuarine waters, uses not more than 1 line with not more than 6 single hooks attached, if—\n> > \n> > > (a) a lure is fixed to each single hook, and\n> > \n> > > (b) the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.\n> \n> > (3) A person who is taking fish from any waters, other than inland waters, using a line must not leave the line unattended unless the person identifies the line by attaching to a part of the line, which is at or above water level, a tag that—\n> > \n> > > (a) has dimensions of at least 80mm by 25mm, and\n> > \n> > > (b) clearly displays in capital letters—\n> > > \n> > > > (i) the person’s name, and\n> > > \n> > > > (ii) the person’s residential address or boat registration number.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) A person must not, for the purpose of taking fish in any inland waters—\n> > \n> > > (a) use more than 2 lines, or\n> > \n> > > (b) use any line with more than—\n> > > \n> > > > (i) 2 single hooks attached, or\n> > > \n> > > > (ii) 2 lures attached and 3 hooks attached to each lure.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (5) A person must not, for the purpose of taking fish in any inland waters, have in the person’s possession, in or on or adjacent to any inland waters—\n> > \n> > > (a) more than 2 lines, or\n> > \n> > > (b) if the person is only using lures—more than 4 lines.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (6) A person who is taking fish from any inland waters using a line must not leave that line unattended unless that person remains within 50m of the line while it is unattended and the line is within that person’s line of sight.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (7) This clause does not apply in relation to the holder of an endorsement in the following fisheries, when the holder is taking fish for sale in that fishery—\n> > \n> > > (a) estuary general share management fishery,\n> > \n> > > (b) ocean trap and line share management fishery.\n> > \n> > Note—\n> > \n> > The share management plans for the above fisheries set out the relevant restrictions on use of lines.\n> \n> > (8) In this clause—\n> > \n> > gang of hooks means a group of single hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.\n> > \n> > hook includes a single hook, double hook or treble hook.\n> > \n> > line means a rod and line or handline.\n> \n> **cl 43:** Subst 2023 (13), Sch 5\\[8\\].","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Drift lines","content":"#### 44 Drift lines\n\n44 Drift lines\n\n> > (1) A commercial fisher must not, for the purpose of taking fish in any inland waters, use a drift line.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person (other than a commercial fisher) must not, for the purpose of taking fish in any waters, use a drift line.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) In this clause, drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is—\n> > \n> > > (a) held in the hand or attached to fishing gear held in the hand, or\n> > \n> > > (b) secured in any other manner that prevents it from drifting or floating freely.","sortOrder":56},{"sectionNumber":"Division 6","sectionType":"division","heading":"Other restrictions on use of fishing gear","content":"## Division 6 Other restrictions on use of fishing gear\n\nDivision 6 Other restrictions on use of fishing gear","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Taking of rock lobster","content":"#### 45 Taking of rock lobster\n\n45 Taking of rock lobster\n\n> > (1) A person must not take rock lobster by any method other than by hand picking (whether or not while wearing a glove).\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) This clause does not apply to a person who uses a trap for taking rock lobster if the use of the trap by that person for that purpose is, but for this clause, lawful.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Taking of saltwater nippers, worms, pipis etc","content":"#### 46 Taking of saltwater nippers, worms, pipis etc\n\n46 Taking of saltwater nippers, worms, pipis etc\n\n> > (1) A person must not take any saltwater nippers, squirt worms, blood worms, beachworms, pipis or any other intertidal invertebrate from a rock platform by any method other than by use of a single blade knife with a blade longer than it is wide, or from any other place by any method other than by use of—\n> > \n> > > (a) a pump or similar device having a barrel or cylinder with a diameter of not more than 85 mm, or\n> > \n> > > (b) a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 mm and a diameter of not more than 85 mm, or\n> > \n> > > (c) a single blade knife with a blade longer than it is wide, or\n> > \n> > > (d) a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis), or\n> > \n> > > (e) pliers.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) This clause does not prevent a person from taking any fish by the method of hand picking (whether or not while wearing a glove).","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Taking of shellfish by means of a dredge or similar device","content":"#### 47 Taking of shellfish by means of a dredge or similar device\n\n47 Taking of shellfish by means of a dredge or similar device\n\n> A person must not take shellfish by means of a dredge or similar device.\n> \n> Maximum penalty—100 penalty units.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Taking of Atlantic salmon or trout","content":"#### 48 Taking of Atlantic salmon or trout\n\n48 Taking of Atlantic salmon or trout\n\n> > (1) A person must not take Atlantic salmon or trout from any waters (other than from the backed up waters of a dam or an impoundment) by any method other than by the use of not more than 2 rods and lines with not more than—\n> > \n> > > (a) 2 single hooks attached, or\n> > \n> > > (b) 2 lures attached and 3 hooks attached to each lure.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person must not take Atlantic salmon or trout from the backed up waters of a dam or an impoundment by any method other than by the use of not more than 2 rods and lines, each with not more than—\n> > \n> > > (a) 2 single hooks attached, or\n> > \n> > > (b) 3 lures attached and 3 hooks attached to each lure.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2A) A person must not, for the purpose of taking Atlantic salmon or trout in any waters, have in the person’s possession, in or on or adjacent to the waters—\n> > \n> > > (a) more than 2 rods and lines, or\n> > \n> > > (b) if the person is only using lures—more than 4 rods and lines.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) A person must not use a light for the purpose of taking Atlantic salmon or trout.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) It is not an offence under this clause for a person to use a landing net as an auxiliary to the taking of Atlantic salmon or trout after the salmon or trout has been hooked.\n> \n> > (5) In this clause, hook includes a single hook, double hook or treble hook.\n> \n> **cl 48:** Am 2023 (13), Sch 5\\[9\\] \\[10\\].","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Taking of groper","content":"#### 49 Taking of groper\n\n49 Taking of groper\n\n> > (1) A person must not take groper in any waters by any method other than by the use of a rod and line or a handline.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) In this clause, groper means any fish of the species *Achoerodus viridis*, commonly known as eastern blue groper, blue groper, brown groper or red groper.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Jagging or foul hooking of fish","content":"#### 50 Jagging or foul hooking of fish\n\n50 Jagging or foul hooking of fish\n\n> > (1) A person must not take fish by the method of jagging.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) A person must not use a gaff for the purpose of taking fish from any inland waters.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (3) In this clause, jagging means the use of any device or instrument that is intended to hook fish otherwise than through the mouth.","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Scuba diving","content":"#### 51 Scuba diving\n\n51 Scuba diving\n\n> > (1) A person must not, while using any apparatus capable of supplying air to facilitate breathing underwater, take fish by any method.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) This clause does not apply to a person who takes—\n> > \n> > > (a) for the purpose of sale—abalone, sea urchin or turban shell in compliance with the requirements of the Act and this Regulation and, in the case of abalone, the [Fisheries Management (Abalone Share Management Plan) Regulation 2000](/view/html/inforce/current/sl-2000-0047), or\n> > \n> > > (b) any fish while using a snorkel, or\n> > \n> > > (c) scallops (family *Pectinidae*), or\n> > \n> > > (d) sea urchin.","sortOrder":64},{"sectionNumber":"52","sectionType":"section","heading":"Spear guns and bowfishing equipment—the Act, s 23","content":"#### 52 Spear guns and bowfishing equipment—the Act, s 23\n\n52 Spear guns and bowfishing equipment—the Act, s 23\n\n> > (1) A person must not—\n> > \n> > > (a) use a spear gun in inland waters for the purpose of taking fish, or\n> > \n> > > (b) use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or\n> > \n> > > (c) use a spear gun aided by lights in any waters for the purpose of taking fish.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person must not take any fish in any waters by means of a spear gun that is fitted with an explosive device.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) A person must not take fish in any waters using a bow and arrow, except as provided by subclause (4).\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) A person may take carp from inland waters using bowfishing equipment if the person takes the carp—\n> > \n> > > (a) during the period commencing 30 minutes before sunrise and ending 30 minutes before sunset, and\n> > \n> > > (b) without the aid of lights, and\n> > \n> > > (c) at least 100 metres from another person, other than persons in the company of the person taking carp, and\n> > \n> > > (d) at least 100 metres from a boat ramp, dwelling, camping ground, picnic area or another vessel, and\n> > \n> > > (e) at least 500 metres from a caravan park.\n> \n> > (5) In this clause—\n> > \n> > bowfishing equipment means—\n> > \n> > > (a) a hand held bow with a reel of no more than 30 metres of fishing line, and\n> > \n> > > (b) an arrow, attached to the fishing line, with barbs and without fletching.\n> > \n> > carp means fish of the species *Cyprinus carpio* and does not include goldfish or any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (*Perca fluviatilis*).\n> > \n> > spear gun includes a spear or similar device.\n> \n> **cl 52:** Am 2021 (505), Sch 1\\[1\\] \\[2\\]; 2023 (13), Sch 5\\[11\\] \\[12\\].","sortOrder":65},{"sectionNumber":"53","sectionType":"section","heading":"Firearms","content":"#### 53 Firearms\n\n53 Firearms\n\n> > (1) A person must not take any fish in any waters by means of a firearm.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) It is not an offence under this clause for a commercial fisher to use a firearm to kill or attempt to kill shark or other fish lawfully taken by means of fishing gear (other than a firearm).\n> \n> > (3) In this clause, firearm does not include a spear gun.","sortOrder":66},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"## Division 7 Miscellaneous\n\nDivision 7 Miscellaneous","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Joining of nets","content":"#### 54 Joining of nets\n\n54 Joining of nets\n\n> > (1) For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets joined together for the purpose of taking fish.\n> \n> > (2) For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets for the purpose of taking fish, being nets that are joined or placed together side by side (either on the cork line or otherwise) in such a manner that the effective mesh or meshes of those combined nets are reduced to a size less than the minimum mesh or meshes described as lawful under this Part.","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"Illegally reducing mesh size or lateral mesh openings of nets","content":"#### 55 Illegally reducing mesh size or lateral mesh openings of nets\n\n55 Illegally reducing mesh size or lateral mesh openings of nets\n\n> > (1) For the purposes of this Part, it is unlawful for a person to use a net in which any meshes (or any bars) are wholly or partly covered or twisted in any manner—\n> > \n> > > (a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or\n> > \n> > > (b) so as to reduce the size of the lateral mesh openings in the net.\n> \n> > (2) For the purposes of this Part, it is unlawful for a person to use a net in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the net in any manner—\n> > \n> > > (a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or\n> > \n> > > (b) so as to reduce the size of the lateral mesh openings in the net.","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"Illegally reducing mesh size or lateral mesh openings of traps","content":"#### 56 Illegally reducing mesh size or lateral mesh openings of traps\n\n56 Illegally reducing mesh size or lateral mesh openings of traps\n\n> > (1) For the purposes of this Part, it is unlawful for a person to use a trap in which any meshes are wholly or partly covered in any manner—\n> > \n> > > (a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or\n> > \n> > > (b) so as to reduce the size of the lateral mesh openings in the trap.\n> \n> > (2) For the purposes of this Part, it is unlawful for a person to use a trap in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the trap in any manner—\n> > \n> > > (a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or\n> > \n> > > (b) so as to reduce the size of the lateral mesh openings in the trap.","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Monofilament and certain multi-strand nets prohibited","content":"#### 57 Monofilament and certain multi-strand nets prohibited\n\n57 Monofilament and certain multi-strand nets prohibited\n\n> For the purposes of this Part, it is unlawful for a person to use a net any mesh of which is constructed of synthetic material that comprises less than 7 strands.","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Method of dragging or drawing nets","content":"#### 58 Method of dragging or drawing nets\n\n58 Method of dragging or drawing nets\n\n> For the purposes of this Part, it is unlawful for a person to drag or draw ashore any net containing fish in such a way or to such a distance from the water as to prevent prohibited size fish from escaping through the meshes or by the wings of the net into the water, or to allow such prohibited size fish to remain on the shore.","sortOrder":72},{"sectionNumber":"59","sectionType":"section","heading":"Identification of set nets and traps","content":"#### 59 Identification of set nets and traps\n\n59 Identification of set nets and traps\n\n> > (1) A person must not, in or on any waters, place or set any net or trap, or use any set net or trap, unless the net or trap is identified in accordance with any requirements relating to identification of nets or traps in this Regulation.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) In this clause, set net means any net set in any waters for the purpose of taking fish that is left unattended.","sortOrder":73},{"sectionNumber":"60","sectionType":"section","heading":"Measuring length and mesh size of nets","content":"#### 60 Measuring length and mesh size of nets\n\n60 Measuring length and mesh size of nets\n\n> > (1) For the purposes of testing or determining the length of a net, the net must be measured along the cork line or head line of the net from the first hanging to the last hanging.\n> \n> > (2) For the purposes of testing or determining the mesh size of a net that is described in this Part as being lawful (other than a net specified in the Table to this clause or a beach safety meshing net), a prescribed measuring device must be used in the manner required by this clause.\n> \n> > (3) A prescribed measuring device is a device verified in the manner determined by the Secretary that complies with the following description—\n> > \n> > > (a) it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,\n> > \n> > > (b) both members have attached a fixed knife edge,\n> > \n> > > (c) when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,\n> > \n> > > (d) a scale and a point is marked on both members.\n> \n> > (4) A prescribed measuring device must be used in the following manner—\n> > \n> > > (a) the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,\n> > \n> > > (b) the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,\n> > \n> > > (c) the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.\n> \n> > (5) For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, a prescribed measuring device must be used in the manner required by this clause except that—\n> > \n> > > (a) the weight specified in relation to that net in that Table must be attached to the sliding member, and\n> > \n> > > (b) the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.\n> \n> > (6) In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.\n> \n> > (7) The mesh size specified in respect of a lawful net in this Part is taken to be the mesh size determined by the use of a prescribed measuring device in the manner required by this clause.\n> \n> Table\n> \n> | Nets | Weight attached |\n> | Hand-hauled prawn net | 1,585 grams |\n> | Push or scissors net | 1,585 grams |\n> | Otter trawl net (fish) | 2,945 grams |\n> | Danish seine trawl net (fish) | 2,945 grams |","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Restrictions on the sale of commercial nets","content":"#### 61 Restrictions on the sale of commercial nets\n\n61 Restrictions on the sale of commercial nets\n\n> > (1) A person must not sell a commercial net to another person unless the person is satisfied that the other person—\n> > \n> > > (a) is the holder of a commercial fishing licence, or\n> > \n> > > (b) is the holder of a permit under this clause.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person who sells a commercial net to another person must make a record of the sale containing the following information—\n> > \n> > > (a) the date of the sale,\n> > \n> > > (b) a description of the net sold (including any registration number),\n> > \n> > > (c) the licence or permit number of the person to whom the net was sold.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) A person who sells a commercial net to another person must retain the record referred to in subclause (2) for 5 years after the net was sold and must, during that 5-year period, produce the record when requested to do so by a fisheries officer.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (4) The Secretary may, on application, issue a permit to a person authorising the person to buy commercial nets.\n> \n> > (5) A person who is engaged in the business of selling commercial nets to commercial fishers is entitled to a permit under this clause.\n> \n> > (6) For the purpose of this clause—\n> > \n> > > (a) a net is a commercial net unless it is a net that may be lawfully used by a person who is not a commercial fisher in all waters or in any particular waters, and\n> > \n> > > (b) a reference to a person is a reference to a person within New South Wales.","sortOrder":75},{"sectionNumber":"Part 4","sectionType":"part","heading":"Priorities in the use of fishing gear","content":"# Part 4 Priorities in the use of fishing gear\n\nPart 4 Priorities in the use of fishing gear\n\nNote.\n\nThis Part sets out the rights of priority between commercial fishers and recreational fishers on recognised fishing grounds and the rights of priority between commercial fishers in inland waters. Rights of priority between commercial fishers in share management fisheries are set out in the share management plans for the fisheries. Rights of priority between commercial fishers on recognised fishing grounds are set out in the Supporting Plan.","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Offence of fishing contrary to rights of priority","content":"#### 62 Offence of fishing contrary to rights of priority\n\n62 Offence of fishing contrary to rights of priority\n\n> A person must not attempt to take fish contrary to the rights of priority determined by this Part after being directed not to do so—\n> \n> > (a) by a fisheries officer, or\n> \n> > (b) by another fisher (who is using or intending to use a net or other fishing gear in accordance with this Part).\n> \n> Maximum penalty—50 penalty units.","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Commercial fishers must use fishing gear in accordance with this Part","content":"#### 63 Commercial fishers must use fishing gear in accordance with this Part\n\n63 Commercial fishers must use fishing gear in accordance with this Part\n\n> A commercial fisher must not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.\n> \n> Maximum penalty—50 penalty units.","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Priority between commercial fishers and recreational fishers on recognised fishing grounds","content":"#### 64 Priority between commercial fishers and recreational fishers on recognised fishing grounds\n\n64 Priority between commercial fishers and recreational fishers on recognised fishing grounds\n\n> A commercial fisher who is taking or who intends to take fish on a recognised fishing ground, by the method for which the area concerned is a recognised fishing ground, has priority over any other person who is taking or intends to take fish on the recognised fishing ground by any other method.","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Priority between commercial fishers using nets in inland waters","content":"#### 65 Priority between commercial fishers using nets in inland waters\n\n65 Priority between commercial fishers using nets in inland waters\n\n> The rights of priority in the setting of nets in inland waters between commercial fishers working on the same recognised fishing ground are determined as follows—\n> \n> > (a) the first turn belongs to the commercial fisher who, with lawful nets, first arrives at the point on the bank from which it is intended that those nets are to be set,\n> \n> > (b) the next turn is to belong to the commercial fisher who next so arrives, and so on,\n> \n> > (c) during a commercial fisher’s turn, the fisher is to have the exclusive right of setting nets in so much of the inland waters as equals, in metres measured from the point referred to in paragraph (a), the product of the number of nets the fisher is using or intends to use and 100, subject to the following—\n> > \n> > > (i) the point from which that measurement is made must be not less than 100 metres from any net set by and belonging to any other commercial fisher,\n> > \n> > > (ii) the maximum length of the inland waters to which any fisher is entitled in accordance with this clause is 1,600 metres,\n> > \n> > > (iii) no fisher is to be entitled to set any net within 100 metres of any net set by any other commercial fisher in accordance with this clause,\n> \n> > (d) a turn must not exceed 24 hours at the expiration of which the nets must, if another commercial fisher is waiting that fisher’s turn with lawful nets ready to set, be removed from the water on to the bank,\n> \n> > (e) no commercial fisher is to have a second turn until all the other commercial fishers on the fishing ground with lawful nets have had their first turn.","sortOrder":80},{"sectionNumber":"Part 5","sectionType":"part","heading":"Recreational fishing fees","content":"# Part 5 Recreational fishing fees\n\nPart 5 Recreational fishing fees","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Amount of recreational fishing fees","content":"#### 66 Amount of recreational fishing fees\n\n66 Amount of recreational fishing fees\n\n> For the purposes of section 34E (2) of the Act, the recreational fishing fees payable under Division 4A of Part 2 of the Act are specified in Schedule 6.","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Receipts for fishing fee payments","content":"#### 67 Receipts for fishing fee payments\n\n67 Receipts for fishing fee payments\n\n> > (1) For the purposes of paragraph (c) of the definition of official receipt in section 34A of the Act, a receipt card issued to a person following payment of a fishing fee by the person over the telephone or by electronic means is evidence of payment of a fishing fee.\n> \n> > (2) The Secretary may issue a replacement receipt for an official receipt issued under section 34G of the Act if satisfied that the original receipt is lost, damaged or destroyed.\n> \n> > (3) The fee for a replacement receipt is the amount specified in Schedule 6.","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Exempt bodies of water","content":"#### 68 Exempt bodies of water\n\n68 Exempt bodies of water\n\n> > (1) For the purposes of section 34C (2) (g) of the Act, the following bodies of water are exempt—\n> > \n> > > (a) a body of water comprising the backed up waters of a dam or impoundment located on private land if the surface area of the body of water (at full capacity) does not exceed 2 hectares,\n> > \n> > > (b) the waters of Lake Hume, being all waters (and land covered by water when the lake is at full capacity) in the Murray River arm of Lake Hume, from the weir wall upstream to the point where Seven Mile Creek enters the Murray River on the northern bank of the Murray River, and in the Mitta Mitta River arm of Lake Hume, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta.\n> \n> > (2) For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Exempt fishers","content":"#### 69 Exempt fishers\n\n69 Exempt fishers\n\n> > (1) For the purposes of section 34C (2) (h) of the Act, the following recreational fishers are exempt from paying a recreational fishing fee—\n> > \n> > > (a) a fisher who holds a current pensioner concession card,\n> > \n> > > (b) a fisher who is of or over the age of 18 years of age and is only assisting a fisher under 18 years of age to take fish by means of a single dip or scoop net (prawns),\n> > \n> > > (c) a fisher who is engaged in bait gathering, shore-based fishing or other activities ancillary to a declared charter fishing activity, if—\n> > > \n> > > > (i) a fishing fee exemption certificate under the Act, section 34I(3)(b) is already held in relation to the declared charter fishing activity, and\n> > > \n> > > > (ii) the fisher is in the immediate vicinity of the boat being used for the declared charter fishing activity.\n> \n> > (2) It is a condition of an exemption referred to in subclause (1) (a) that, if required to do so by a fisheries officer, a person who claims such an exemption must produce the person’s current pensioner concession card immediately or within the period specified by the officer and at the place specified by the officer.\n> \n> > (3) In this clause, pensioner concession card means a card known as a “pensioner concession card” and issued by Centrelink or the Commonwealth Department of Veterans’ Affairs, or any other card approved by the Minister as being equivalent to that card.\n> \n> **cl 69:** Am 2023 (13), Sch 5\\[13\\].","sortOrder":85},{"sectionNumber":"70","sectionType":"section","heading":"Reductions in fishing fee for fishing in far north","content":"#### 70 Reductions in fishing fee for fishing in far north\n\n70 Reductions in fishing fee for fishing in far north\n\n> > (1) For the purposes of section 34F of the Act, the amount of the fishing fee payable by a recreational fisher for a far north fishing activity is 50% of the fee otherwise payable.\n> \n> > (2) For the purposes of this Part, far north fishing activity means fishing—\n> > \n> > > (a) in the tidal waters of the Tweed River, upstream from a line joining the eastern extremities of the Tweed River Breakwaters to—\n> > > \n> > > > (i) Bray Park Weir on the Tweed River, and\n> > > \n> > > > (ii) Boat Harbour Bridge, Numinbah Road, on the Rous River, and\n> > > \n> > > > (iii) Bilambil Road Bridge on Duroby Creek, and\n> > > \n> > > > (iv) Bilambil Road Bridge on Bilambil Creek, and\n> > > \n> > > > (v) Robinson Road Bridge on Cobaki Creek, or\n> > \n> > > (b) from the Tweed River Breakwaters, or\n> > \n> > > (c) from the rocks and beach north of the Tweed River Breakwaters to the Queensland border, or\n> > \n> > > (d) from the rocks and beach south of the Tweed River Breakwaters to the lighthouse at Fingal Head.","sortOrder":86},{"sectionNumber":"71","sectionType":"section","heading":"Fishing fee exemption certificates may be issued to certain owners and lessees of private land","content":"#### 71 Fishing fee exemption certificates may be issued to certain owners and lessees of private land\n\n71 Fishing fee exemption certificates may be issued to certain owners and lessees of private land\n\n> > (1) For the purposes of section 34I (3) (c) of the Act, the class of persons consisting of owners or lessees of private land on which there is a body of water comprising the backed up waters of a dam or impoundment is prescribed as a class of persons to whom a fishing fee exemption certificate may be issued.\n> \n> > (2) For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.","sortOrder":87},{"sectionNumber":"72","sectionType":"section","heading":"Fishing fee exemption certificates","content":"#### 72 Fishing fee exemption certificates\n\n72 Fishing fee exemption certificates\n\n> > (1) For the purposes of section 34I (4) of the Act, a fishing fee exemption certificate is to be in the form approved by the Minister and may be issued subject to such conditions as the Minister considers appropriate.\n> \n> > (2) An exemption certificate has effect for 1 year, or for a longer or shorter period as determined by the Minister in a particular case.\n> \n> > (3) The fee for an exemption certificate is the amount specified in Schedule 6.\n> \n> > (4) Any fee for an exemption certificate under section 34I (3) (a) or (b) of the Act is reduced by 50% if the activities to which the certificate relates are far north fishing activities (and not any other fishing activities).\n> \n> > (5) If the Minister issues an exemption certificate under section 34I (3) (a) or (b) of the Act for a period that is longer or shorter than 1 year, the fee for the certificate is to be varied in proportion to the amount by which the period for which the certificate is issued differs from 1 year.\n> \n> > (6) The fee for an exemption certificate must be paid before the certificate is issued.","sortOrder":88},{"sectionNumber":"73","sectionType":"section","heading":"Amendment and cancellation of exemption certificates","content":"#### 73 Amendment and cancellation of exemption certificates\n\n73 Amendment and cancellation of exemption certificates\n\n> > (1) The Minister may amend or cancel a fishing fee exemption certificate at any time by notice in writing to the holder of the certificate.\n> \n> > (2) Without limiting subclause (1), the Minister may amend or cancel a fishing fee exemption certificate on the application of the holder of the certificate.\n> \n> > (3) The fee payable in respect of an amendment of an exemption certificate under subclause (2) is—\n> > \n> > > (a) the application fee specified in Schedule 6, and\n> > \n> > > (b) a supplementary fee equivalent to the amount (if any) by which the fee payable for an exemption certificate in the form of the amended certificate exceeds the sum of all fees that had been paid for the certificate before the application was made.","sortOrder":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"General fisheries management","content":"# Part 6 General fisheries management\n\nPart 6 General fisheries management","sortOrder":90},{"sectionNumber":"74","sectionType":"section","heading":"Interference with fishing activities","content":"#### 74 Interference with fishing activities\n\n74 Interference with fishing activities\n\n> A person must not, after being directed to cease doing so by a fisheries officer, drive, ride or use a boat, surfboard, water ski, aquaplane or similar equipment—\n> \n> > (a) in any waters on a recognised fishing ground in such a manner and in such proximity to the ground as is likely to cause the dispersal of schooling fish, or fish travelling in a school or shoal, or\n> \n> > (b) in any waters in a manner that unreasonably interferes with the operations of a commercial fisher lawfully fishing in those waters or waiting to carry on lawful fishing in those waters.\n> \n> Maximum penalty—50 penalty units.","sortOrder":92},{"sectionNumber":"75","sectionType":"section","heading":"Interference with set fishing gear","content":"#### 75 Interference with set fishing gear\n\n75 Interference with set fishing gear\n\n> > (1) A person must not, without reasonable excuse, interfere with any set fishing gear.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) This clause does not apply to a fisheries officer, the person who owns the fishing gear or any other person acting in accordance with this Regulation.","sortOrder":93},{"sectionNumber":"76","sectionType":"section","heading":"Lawful interference with set fishing gear","content":"#### 76 Lawful interference with set fishing gear\n\n76 Lawful interference with set fishing gear\n\n> > (1) Any commercial fisher may, for the purpose of using a net on any recognised fishing ground, remove any unattended fishing gear that has been so set as to obstruct the use of the fisher’s net.\n> \n> > (2) A fisher who so removes set fishing gear is not, if the fisher exercises reasonable care in the removal, liable for any damage to the fishing gear occasioned by such removal.\n> \n> > (3) This clause does not allow a commercial fisher to remove a net that has been lawfully set in the waters concerned.","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Intentionally disturbing fish","content":"#### 77 Intentionally disturbing fish\n\n77 Intentionally disturbing fish\n\n> A person must not, without reasonable excuse, intentionally disturb fish in the vicinity of a commercial fisher using a net or other fishing gear on a recognised fishing ground.\n> \n> Maximum penalty—50 penalty units.","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Interference with commercial fisher using line","content":"#### 78 Interference with commercial fisher using line\n\n78 Interference with commercial fisher using line\n\n> > (1) A commercial fisher who is lawfully using a line (other than a drift line) in any waters for the purpose of taking fish may require any person intending to fish in those waters (in such close proximity to the fisher as gives the fisher reasonable cause to apprehend that fish in the fisher’s vicinity will be frightened or that the fisher’s line will be fouled) to move to another position on those waters (not more than 50 metres distant) that the fisher indicates.\n> \n> > (2) A person must not, without reasonable excuse, refuse or neglect to comply with such a requirement.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (3) In this clause—\n> > \n> > drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is—\n> > \n> > > (a) held in the hand or attached to fishing gear held in the hand, or\n> > \n> > > (b) secured in any other manner that prevents it from drifting or floating freely.","sortOrder":96},{"sectionNumber":"79","sectionType":"section","heading":"Dynamite and explosive substances","content":"#### 79 Dynamite and explosive substances\n\n79 Dynamite and explosive substances\n\n> > (1) A person must not use dynamite or any other explosive substance to take or destroy fish in any waters.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not explode any dynamite or other explosive substance in any waters.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) It is a defence to a prosecution for an offence under subclause (2) if the person charged satisfies the court that the acts constituting the alleged offence were done—\n> > \n> > > (a) in pursuance of a permit issued by the Secretary, and\n> > \n> > > (b) in accordance with the conditions of the permit.","sortOrder":98},{"sectionNumber":"80","sectionType":"section","heading":"Permit to use explosives","content":"#### 80 Permit to use explosives\n\n80 Permit to use explosives\n\n> > (1) An application for a permit to use dynamite or any other explosive substance in any waters is to be made in writing to the Secretary in the form approved by the Secretary.\n> \n> > (2) A permit may extend to—\n> > \n> > > (a) explosives generally or to a particular explosive specified in the permit, or\n> > \n> > > (b) waters generally or to the particular waters specified in the permit.\n> \n> > (3) A permit remains in force, unless sooner cancelled or suspended by the Secretary, until the expiration of the period specified in the permit.\n> \n> > (4) A permit is subject to such conditions as are attached to the permit by the Secretary.\n> \n> > (5) The fee for a permit under this clause, or for the renewal of such a permit, is the amount specified in Schedule 6.","sortOrder":99},{"sectionNumber":"81","sectionType":"section","heading":"Use of electrical devices prohibited in all waters","content":"#### 81 Use of electrical devices prohibited in all waters\n\n81 Use of electrical devices prohibited in all waters\n\n> > (1) A person must not use an electrical device for the purpose of taking fish in any waters.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were done—\n> > \n> > > (a) in pursuance of a permit issued by the Secretary, and\n> > \n> > > (b) in accordance with the conditions of the permit.","sortOrder":100},{"sectionNumber":"82","sectionType":"section","heading":"Permit to use electrical devices","content":"#### 82 Permit to use electrical devices\n\n82 Permit to use electrical devices\n\n> > (1) An application for a permit to use an electrical device in any waters is to be made in writing to the Secretary in the form approved by the Secretary.\n> \n> > (2) A permit may extend to—\n> > \n> > > (a) electrical devices generally or to a particular device specified in the permit, or\n> > \n> > > (b) waters generally or to the particular waters specified in the permit.\n> \n> > (3) A permit remains in force, unless sooner cancelled or suspended by the Secretary, until the expiration of the period specified in the permit.\n> \n> > (4) A permit is subject to such conditions as are attached to the permit by the Secretary.\n> \n> > (5) The fee for a permit under this clause, or for the renewal of such a permit, is the amount specified in Schedule 6.","sortOrder":101},{"sectionNumber":"83","sectionType":"section","heading":"Use of chemical substances","content":"#### 83 Use of chemical substances\n\n83 Use of chemical substances\n\n> > (1) A person must not use a chemical substance for the purpose of taking, disturbing, injuring or otherwise harming fish in any waters.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were—\n> > \n> > > (a) authorised by a permit issued by the Australian Pesticides and Veterinary Medicines Authority for the purposes of the control or eradication of pest fish, or\n> > \n> > > (b) authorised under an aquaculture permit, or\n> > \n> > > (c) authorised under an approval granted under section 37 of the Act for research or scientific purposes, or\n> > \n> > > (d) a routine activity done for the purpose of cleaning a boat or keeping the boat free from barnacles or other fouling organisms.\n> \n> > (3) In this clause, a chemical substance is a substance or a mixture of substances that has the effect of stunning, disturbing, sedating or killing fish.","sortOrder":102},{"sectionNumber":"84","sectionType":"section","heading":"Prohibited lures and baits","content":"#### 84 Prohibited lures and baits\n\n84 Prohibited lures and baits\n\n> > (1) A person must not take any fish from any waters with a lure or bait that is—\n> > \n> > > (a) a live bird, or\n> > \n> > > (b) a live mammal.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person must not take any fish from inland waters with a lure or bait that is—\n> > \n> > > (a) a live finfish, or\n> > \n> > > (b) any fish or any part of a fish not native to the waters of New South Wales (other than dead carp), or\n> > \n> > > (c) trout or salmon roe or any product containing trout or salmon roe.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) A person must not take Atlantic salmon or trout with any lure or bait other than—\n> > \n> > > (a) natural flies or insects, or their larvae, or\n> > \n> > > (b) worms, freshwater shrimps, yabbies or mussels, or\n> > \n> > > (c) artificial lures or baits, or\n> > \n> > > (d) plant matter.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) A person fishing in inland waters must, on the demand of a fisheries officer, produce to that officer the lure or bait being used by that person.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (5) In this clause, carp means fish of the species *Cyprinus carpio* or *Carassius auratus*.","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Taking of octopus from rock platforms","content":"#### 85 Taking of octopus from rock platforms\n\n85 Taking of octopus from rock platforms\n\n> > (1) A person must not take any octopus from any rock platform in ocean waters or the waters of Port Jackson.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) In this clause, Port Jackson includes the Parramatta and Lane Cove Rivers and Middle Harbour and the waters of Port Jackson up to a line drawn between the easternmost point of Outer North Head and the easternmost point of South Head.","sortOrder":105},{"sectionNumber":"86","sectionType":"section","heading":"Taking of pipis for use as bait only","content":"#### 86 Taking of pipis for use as bait only\n\n86 Taking of pipis for use as bait only\n\n> > (1) A person must not take pipis except for use as bait.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not take pipis unless the person is in the authorised area for the taking of pipis.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) A person must not remove pipis from the authorised area for the taking of pipis.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (4) This clause does not apply—\n> > \n> > > (a) in respect of the taking of, or removal of, pipis by a person who is a commercial fisher authorised to take them under the Act, or\n> > \n> > > (b) in respect of the removal of pipis by any other person if the pipis were taken by a commercial fisher and were purchased or otherwise acquired by the person.\n> \n> > (5) In this clause, authorised area for the taking of pipis means the area within 50 metres of the mean high water mark of a beach.","sortOrder":106},{"sectionNumber":"87","sectionType":"section","heading":"Shucking of intertidal invertebrates","content":"#### 87 Shucking of intertidal invertebrates\n\n87 Shucking of intertidal invertebrates\n\n> > (1) A person must not shuck any intertidal invertebrate (other than abalone, rock lobster or turban snail), or have such a shucked intertidal invertebrate in the person’s possession, in or on or adjacent to any waters except for immediate bait use.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) A person must not shuck rock lobster or turban snail, or have shucked rock lobster or turban snail in the person’s possession, in or on or adjacent to any waters.\n> > \n> > Maximum penalty—25 penalty units.","sortOrder":107},{"sectionNumber":"88","sectionType":"section","heading":"Shucking of abalone","content":"#### 88 Shucking of abalone\n\n88 Shucking of abalone\n\n> > (1) A person (other than a commercial fisher authorised to shuck abalone under the [Fisheries Management (Abalone Share Management Plan) Regulation 2000](/view/html/inforce/current/sl-2000-0047)) must not shuck abalone, or have shucked abalone in the person’s possession, in or on or adjacent to any waters.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person in possession of shucked abalone does not commit an offence against this clause as a result of that possession if the person establishes that the abalone were shucked at—\n> > \n> > > (a) a place approved for the purpose by the Secretary, or\n> > \n> > > (b) premises registered under the regulations made under the [Export Control Act 1982](http://www.legislation.gov.au/) of the Commonwealth for the preparation of abalone for export.","sortOrder":108},{"sectionNumber":"89","sectionType":"section","heading":"Mutilation of fish","content":"#### 89 Mutilation of fish\n\n89 Mutilation of fish\n\n> > (1) A person must not mutilate any restricted species of fish in or on or adjacent to any waters in any manner other than by gutting or by removing the gills or scales.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person (other than a commercial fisher) does not commit an offence under subclause (1) if the person establishes that the person mutilated the fish—\n> > \n> > > (a) in the course of preparing the fish for immediate consumption, or\n> > \n> > > (b) in the course of preparing the fish for immediate use as bait, or\n> > \n> > > (c) in the course of authorised charter fishing operations, or\n> > \n> > > (d) at a permanent facility, specifically provided for the cleaning of fish, being a place that is not in or on any waters, or\n> > \n> > > (e) in accordance with a permit issued by the Secretary.\n> \n> > (3) A person must not have in the person’s possession in or on or adjacent to any waters any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) A person (other than a commercial fisher) does not commit an offence under subclause (3) if the person establishes that the fish was mutilated in accordance with subclause (2).\n> \n> > (5) A person must not deliver or consign for sale any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (6) This clause does not apply to the delivery or consignment for sale of fish propagated, hatched or reared by the holder of an aquaculture permit under the authority of that permit or of any other fish that have already been lawfully sold.\n> \n> > (7) For the purposes of this clause, a person mutilates fish in the course of authorised charter fishing operations if—\n> > \n> > > (a) the person is the master or a crew member of a charter fishing boat, and\n> > \n> > > (b) the person mutilates the fish by filleting or sectioning the fish, and\n> > \n> > > (c) the person mutilates the fish while on board the charter fishing boat and in the presence of the person who took the fish, and\n> > \n> > > (d) the charter fishing boat is moored at its usual berth or at the place where passengers of the boat usually embark or disembark the boat.\n> \n> **cl 89:** Am 2023 (13), Sch 5\\[14\\].","sortOrder":109},{"sectionNumber":"90","sectionType":"section","heading":"Removal and possession of certain parts of sharks permitted","content":"#### 90 Removal and possession of certain parts of sharks permitted\n\n90 Removal and possession of certain parts of sharks permitted\n\n> > (1) A person does not commit an offence against section 20B (1) (a) of the Act in relation to a species of shark listed in the Table to this subclause if the person—\n> > \n> > > (a) removes only its belly flaps, with ventral fins attached, and\n> > \n> > > (b) does not remove any other fin from the shark, and\n> > \n> > > (c) remains in possession of the remainder of the shark while on board the boat.\n> > \n> > Table\n> > \n> > | Common name | Species |\n> > | Gulper Shark | Family Centrophoridae |\n> > | Dogfish | Family Squalidae |\n> > | Catshark | Family Scyliorhinidae |\n> > | School Shark | Galeorhinus galeus |\n> > | Gummy Shark | Mustelus antarcticus |\n> \n> > (2) A person does not commit an offence against section 20B (1) (c) of the Act in relation to any shark (other than a school shark) if the person—\n> > \n> > > (a) cuts the shark across the body and vertically from the top of the body through the carcass into portions (known as barrels), and\n> > \n> > > (b) does not remove any fin from any portion of the shark, and\n> > \n> > > (c) remains in possession of all portions of the shark while on board the boat.\n> \n> > (3) A person does not commit an offence against section 20B (1) (c) of the Act in relation to any shark (other than a school shark) if the person—\n> > \n> > > (a) remains in possession of the shark (either whole or without the head, gills or gut or other internal organs) while on board the boat, and\n> > \n> > > (b) does not remove any fin of the shark.\n> \n> > (4) A person does not commit an offence against section 20B (1) (c) of the Act in relation to a school shark if the person—\n> > \n> > > (a) remains in possession of the shark (either whole or without the gills or gut or other internal organs) while on board the boat, and\n> > \n> > > (b) does not remove the head or any fin of the shark.","sortOrder":110},{"sectionNumber":"91","sectionType":"section","heading":"Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova","content":"#### 91 Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova\n\n91 Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova\n\n> > (1) A person must not take or sell or have in the person’s possession a crayfish, shovel-nosed lobster, rock lobster or crab, carrying ova externally.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person must not have in the person’s possession a crayfish, shovel-nosed lobster, rock lobster or crab, from which spawn or ova have been deliberately removed.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) In this clause—\n> > \n> > crayfish means fish of the genera *Euastacus* and *Cherax*.\n> > \n> > shovel-nosed lobster includes all species of bugs.","sortOrder":111},{"sectionNumber":"92","sectionType":"section","heading":"Eastern rock lobster not to be sold unless tag attached","content":"#### 92 Eastern rock lobster not to be sold unless tag attached\n\n92 Eastern rock lobster not to be sold unless tag attached\n\n> > (1) A person must not sell a whole eastern rock lobster, or the tail of an eastern rock lobster, that does not have a tag attached to it in such a manner that the tag cannot be removed without being broken.\n> > \n> > Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in any other case.\n> \n> > (2) A person does not commit an offence under this clause unless the rock lobster concerned was taken in the waters of, or adjacent to, New South Wales.\n> \n> > (3) In this clause—\n> > \n> > eastern rock lobster means rock lobster of the species *Sagmariasus verreauxi*.\n> > \n> > tag means a tag issued by the Secretary for attachment to eastern rock lobsters taken for sale.\n> > \n> > whole eastern rock lobster includes an eastern rock lobster that has had parts (other than the abdomen of the rock lobster) removed.\n> \n> Note.\n> \n> The [Fisheries Management (Lobster Share Management Plan) Regulation 2000](/view/html/inforce/current/sl-2000-0048) requires commercial fishers to tag eastern rock lobsters taken for sale.","sortOrder":113},{"sectionNumber":"93","sectionType":"section","heading":"Labelling of abalone","content":"#### 93 Labelling of abalone\n\n93 Labelling of abalone\n\n> > (1) A person must not sell abalone unless the immediate packaging of the abalone is marked or labelled with the following information—\n> > \n> > > (a) the date on which the abalone was packaged,\n> > \n> > > (b) the number and total net weight in kilograms of abalone,\n> > \n> > > (c) the name of the commercial fisher who took the abalone or the name and address of the person on whose behalf the abalone was packaged,\n> > \n> > > (d) the unique identifying number allocated to the sale for the purposes of fish records under Division 2 of Part 11 or the seller’s registered fish receiver’s registration number.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not remove, deface, damage or destroy any immediate packaging of abalone (or label attached to the packaging) that contains the information required to be included on the packaging by this clause.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) Subclause (2) does not prevent a person from removing or destroying the packaging or a label from abalone at a place where the abalone is to be cooked, dried or eaten, immediately before it is cooked, dried or eaten.","sortOrder":114},{"sectionNumber":"94","sectionType":"section","heading":"Identification of recognised fishing grounds","content":"#### 94 Identification of recognised fishing grounds\n\n94 Identification of recognised fishing grounds\n\n> > (1) For the purposes of section 39 (4) of the Act, a recognised fishing ground is an area identified as a recognised fishing ground by being marked as such on a map (an RFG map) approved by the Minister and published in the Gazette.\n> \n> > (2) An RFG map is to identify any 1 or more areas that, in the opinion of the Minister, is an area of the sea or other public water land used historically for net fishing and that is used regularly or intermittently for net fishing by commercial fishers.\n> \n> > (3) An RFG map is to identify the method of net fishing for which the area is a recognised fishing ground.\n> \n> > (4) Section 284 (2) of the Act (which specifies the way in which the public is to be given an opportunity to make submissions on certain matters) applies in respect of a draft RFG map in the same way as it applies in respect of the matters specified in section 284 (1) of the Act.\n> \n> > (5) Before taking the action required by section 284 (2) of the Act in relation to a draft RFG map, the Minister must—\n> > \n> > > (a) provide a copy of the draft map to the Recreational Fishing NSW Advisory Council, and\n> > \n> > > (b) invite that Council to make recommendations about the draft map within such time (being not less than 30 days from the date on which the copy of the draft map is provided to the Council) as the Minister may specify in the invitation, and\n> > \n> > > (c) take any such recommendations into consideration when finalising the draft map for public exhibition under section 284 (2) of the Act.\n> \n> > (6) Each RFG map is to be deposited at the head office of the Department and at an office of the Department located in the region of the relevant recognised fishing ground.\n> \n> > (7) The Minister may alter or replace an RFG map from time to time by publishing an amended or replacement RFG map in the Gazette. However, the consultations required by subclauses (4) and (5) must be undertaken in relation to such an alteration or replacement unless, in the case of an alteration, the Minister is of the opinion that the alteration is of a minor nature.","sortOrder":116},{"sectionNumber":"95","sectionType":"section","heading":"Person must not assist a commercial fisher","content":"#### 95 Person must not assist a commercial fisher\n\n95 Person must not assist a commercial fisher\n\n> > (1) A person must not assist a commercial fisher to take fish in contravention of a share management plan.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person assists a commercial fisher to take fish in contravention of a share management plan if the person provides any assistance, or does any other thing, that results in the commercial fisher contravening a provision of the share management plan that relates to taking fish with the assistance of another person.\n> \n> > (3) A person may be proceeded against and convicted under this clause whether or not—\n> > \n> > > (a) the commercial fisher has been proceeded against or convicted for an offence constituted by taking fish with the assistance of another person in contravention of a share management plan, and\n> > \n> > > (b) another person has been proceeded against and convicted under this clause in respect of conduct arising from the same circumstances.","sortOrder":117},{"sectionNumber":"96","sectionType":"section","heading":"Prohibition on transfer of fish from one boat to another","content":"#### 96 Prohibition on transfer of fish from one boat to another\n\n96 Prohibition on transfer of fish from one boat to another\n\n> > (1) A person must not transfer any fish that has been taken by a recreational fisher while on board a boat from that boat to another boat when either boat is not secured to the shore, a mooring, a wharf or a marina berth.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) This clause does not apply to any of the following species of bait—\n> > \n> > > (a) *Engraulis australis* (Australian anchovy),\n> > \n> > > (b) *Herklotsichthys castelnaui* (southern herring),\n> > \n> > > (c) *Etrumeus teres* (maray, round herring),\n> > \n> > > (d) *Sardinops sagax* (Australian sardine, pilchard),\n> > \n> > > (e) *Spratelloides robustus* (blue sprat, bluebait),\n> > \n> > > (f) *Hyperlophus vittatus* (sandy sprat, whitebait),\n> > \n> > > (g) *Scomber australasicus* (blue mackerel, slimy mackerel),\n> > \n> > > (h) *Trachurus* spp. (yellowtail, jack mackerel),\n> > \n> > > (i) family *Hemiramphidae* (garfish),\n> > \n> > > (j) family *Atherinidae* (hardyhead, silverfish),\n> > \n> > > (k) all species of squid,\n> > \n> > > (l) all species of cuttlefish.","sortOrder":118},{"sectionNumber":"96A","sectionType":"section","heading":"Approval of certain activities involving fish and marine vegetation","content":"#### 96A Approval of certain activities involving fish and marine vegetation\n\n96A Approval of certain activities involving fish and marine vegetation\n\n> > (1) For the Act, section 37(1)(e), the following purposes are prescribed—\n> > \n> > > (a) the collection of species for environmental assessment and monitoring,\n> > \n> > > (b) the cleaning of public infrastructure to remove marine growth,\n> > \n> > > (c) pest species management,\n> > \n> > > (d) fish relocations, including during drought,\n> > \n> > > (e) the trial of modified or new commercial fishing gear that is otherwise prohibited by or under the Act.\n> \n> > (2) For subclause (1)(b) the removal of marine growth may include the removal of other fish and marine vegetation, including seaweed and macro algae, to the extent it is incidental to the removal of marine growth.\n> \n> > (3) In this clause—\n> > \n> > marine growth includes barnacles, oysters and mussels and related species.\n> > \n> > public infrastructure includes boat ramps, bridge abutments, bridge pylons, culverts, floating pontoons, jetties, navigation or mooring piles, netting around swimming areas, public wharves and water access stairs and ramps.\n> \n> **cl 96A:** Ins 2023 (13), Sch 5\\[15\\].","sortOrder":119},{"sectionNumber":"97","sectionType":"section","heading":"Fee for permits under section 37 of Act","content":"#### 97 Fee for permits under section 37 of Act\n\n97 Fee for permits under section 37 of Act\n\n> For the purposes of section 37AA (2) of the Act, the application fee for a section 37 permit with respect to the following matters is the amount specified in Schedule 6—\n> \n> > (a) a marine park declared under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> \n> > (b) a permit to take and possess fish or marine vegetation for research purposes under section 37 (1) (a) of the Act,\n> \n> > (c) a permit to take and possess fish or marine vegetation for aquarium collection purposes under section 37 (1) (c) of the Act,\n> \n> > (d) a permit for a purpose approved by the Minister under section 37 (1) (f) of the Act.","sortOrder":120},{"sectionNumber":"98","sectionType":"section","heading":"Contravention of condition of approval under section 37 of Act","content":"#### 98 Contravention of condition of approval under section 37 of Act\n\n98 Contravention of condition of approval under section 37 of Act\n\n> A person who contravenes a condition of an approval granted under section 37 of the Act is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.","sortOrder":121},{"sectionNumber":"98A","sectionType":"section","heading":"Permit required to gather marine vegetation for commercial purposes","content":"#### 98A Permit required to gather marine vegetation for commercial purposes\n\n98A Permit required to gather marine vegetation for commercial purposes\n\n> > (1) A person must not gather marine vegetation for a commercial purpose from any area of public water land except under the authority of a permit issued by the Minister under this clause.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A permit applies to the gathering of marine vegetation only in the area specified in the permit.\n> \n> > (3) A permit is not required for the gathering of marine vegetation in accordance with an aquaculture permit or a permit under Part 7 of the Act.\n> \n> > (4) A permit may apply to marine vegetation generally or to a particular class of marine vegetation specified in the permit.\n> \n> > (5) An application for a permit, or the renewal of a permit, is to be made in writing to the Minister in the form approved by the Minister and must be accompanied by the fee specified in Schedule 6.\n> \n> > (6) If a person duly makes an application for a permit, the Minister may issue, or may refuse to issue, a permit.\n> \n> > (7) A permit remains in force, unless sooner cancelled or suspended by the Minister, until the expiration of the period specified in the permit.\n> \n> > (8) A permit is subject to the following conditions and any further conditions attached to the permit by the Minister—\n> > \n> > > (a) marine vegetation must not be gathered from any area if commercial fishing is taking place in the area unless, at the time the commercial fishing commenced in that area, marine vegetation was being gathered from the area in accordance with the permit,\n> > \n> > > (b) marine vegetation must not be gathered from any land that is held under any title granted by the Crown,\n> > \n> > > (c) marine vegetation must not be gathered from any marked navigation channel,\n> > \n> > > (d) marine vegetation must not be gathered from any area in which a public work is being carried out.\n> \n> > (9) The Minister may, from time to time, by notice given to the permit holder, vary the further conditions of a permit.\n> \n> > (10) Any permit issued under clause 63 of the [Fisheries Management (Aquaculture) Regulation 2017](/view/html/repealed/current/sl-2017-0443) and in force immediately before the commencement of this clause is taken to have been issued under this clause.\n> \n> > (11) In this clause, gather includes collect.\n> \n> **cl 98A:** Ins 2020 No 30, Sch 1.19\\[1\\].","sortOrder":122},{"sectionNumber":"Part 7","sectionType":"part","heading":"Share management fisheries","content":"# Part 7 Share management fisheries\n\nPart 7 Share management fisheries","sortOrder":123},{"sectionNumber":"99","sectionType":"section","heading":"Persons prohibited from holding shares","content":"#### 99 Persons prohibited from holding shares\n\n99 Persons prohibited from holding shares\n\n> > (1) For the purposes of section 49 (2) of the Act, the following persons and bodies are prohibited from holding shares in a share management fishery—\n> > \n> > > (a) a foreign person or a foreign-owned body,\n> > \n> > > (b) a subsidiary (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) of a foreign person or of a foreign-owned body.\n> \n> > (2) In addition, a person is prohibited from holding shares in a share management fishery if the Minister is satisfied that the person is holding the shares on behalf of, or for the benefit of, a person who is prohibited by this clause from holding shares in a share management fishery.\n> \n> > (3) Shares in a share management fishery may not be issued by the Minister to a person who is prohibited by this clause from holding shares or be recorded in the Share Register.\n> \n> > (4) The Minister is to cancel any shares held by a person prohibited by this clause from holding shares. However, the Minister may allow the person to dispose of the shares in accordance with Part 3 of the Act.\n> \n> > (5) In this clause—\n> > \n> > foreign person means a person other than—\n> > \n> > > (a) an individual ordinarily resident in Australia (within the meaning of the [Foreign Acquisitions and Takeovers Act 1975](http://www.legislation.gov.au/) of the Commonwealth), or\n> > \n> > > (b) a company or an exempt body (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth).\n> > \n> > foreign-owned body means a body corporate that has a substantial foreign ownership.\n> \n> > (6) For the purposes of this clause, a body corporate has a substantial foreign ownership if the Minister is satisfied that more than 20% of its total paid-up share capital is held by foreign persons or (if it does not have a share capital) that foreign persons are in a position to control more than 20% of the voting power in the body.\n> \n> > (7) For the purposes of this clause, the Minister may have regard to any relevant provisions of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth for the purposes of determining whether a person has an interest in shares or voting power in a body corporate.","sortOrder":124},{"sectionNumber":"100","sectionType":"section","heading":"Determination of catch history","content":"#### 100 Determination of catch history\n\n100 Determination of catch history\n\n> > (1) For the purposes of section 51 (4) of the Act, the following documents are prescribed—\n> > \n> > > (a) a verified record of a commercial fishers’ co-operative,\n> > \n> > > (b) a verified record relating to the income tax liability of a commercial fisher,\n> > \n> > > (c) a verified record of any fish processing company (whether a wholesaler or retailer).\n> \n> > (2) In this clause, a reference to a verified record is a reference to an original record, or a copy of a record, audited by a registered company auditor (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) or that forms part of a record audited by a registered company auditor.","sortOrder":125},{"sectionNumber":"101","sectionType":"section","heading":"Fee for special endorsements to take fish in share management fishery","content":"#### 101 Fee for special endorsements to take fish in share management fishery\n\n101 Fee for special endorsements to take fish in share management fishery\n\n> For the purposes of section 70 (5) of the Act, the fee payable for an endorsement to which section 70 of the Act applies (being an endorsement that authorises the taking of fish for sale in a share management fishery even though the commercial fisher is not entitled to an endorsement under Part 3 of the Act) is the amount specified in Schedule 6.","sortOrder":126},{"sectionNumber":"102","sectionType":"section","heading":"Transfers and other dealings in shares","content":"#### 102 Transfers and other dealings in shares\n\n102 Transfers and other dealings in shares\n\n> > (1) For the purposes of section 71 (5) of the Act, before the commencement of the share management plan for a fishery, section 71 of the Act applies to allow the transfer, assignment or transmission of the shares of a person (the shareholder) in the fishery only if—\n> > \n> > > (a) all of the shares of the shareholder that are components of the same fishing business (whether or not those shares are shares in the same fishery) are transferred, assigned or transmitted to 1 person (the transferee), and\n> > \n> > > (b) the transferee becomes the owner of that fishing business (and all its components).\n> \n> > (2) For the purposes of section 54 (3) of the Act, an acquisition of shares by a dealing that is allowed under subclause (1) is declared to be an authorised acquisition.\n> \n> > (3) Nothing in this clause authorises the mortgaging of shares in a share management fishery before the commencement of the share management plan for the fishery.\n> \n> Note.\n> \n> Under section 54 (3) of the Act, a holder of shares in a limited access fishery is not entitled to have the licence endorsed to take fish in the limited access fishery (or to nominate another person to do so) if all the shares held by the person were acquired by dealings after the initial issue of shares in the fishery, unless the acquisition is declared by the regulations to be an authorised acquisition.","sortOrder":127},{"sectionNumber":"103","sectionType":"section","heading":"Forfeiture of shares for failure to pay certain contributions","content":"#### 103 Forfeiture of shares for failure to pay certain contributions\n\n103 Forfeiture of shares for failure to pay certain contributions\n\n> > (1) For the purposes of section 75 (4) (b) of the Act, the Minister may order that the shares (or any of the shares) of a shareholder in a share management fishery be forfeited if the shareholder has failed to pay a community contribution or other amount due under Part 3 of the Act. However, the Minister is to order the forfeiture only of the number of shares that will be required, in the opinion of the Minister, to recover the amount due.\n> \n> > (2) The Minister is not to order forfeiture of shares unless the Minister is satisfied that all reasonable steps have been taken to recover the amount due or the shareholder’s whereabouts are unknown.\n> \n> > (3) Following the sale of the forfeited shares, any part of the purchase price remaining after deduction of the amount of the community contribution or other amount due and the expenses reasonably incurred in connection with the sale is to be paid to the shareholder.","sortOrder":128},{"sectionNumber":"104","sectionType":"section","heading":"Fee for registration of dealings in shares","content":"#### 104 Fee for registration of dealings in shares\n\n104 Fee for registration of dealings in shares\n\n> > (1) For the purposes of section 91B (2) (d) of the Act, the fee in respect of an application for registration of the following transactions is the amount specified in Schedule 6—\n> > \n> > > (a) a transaction that purports to have the effect of transferring, assigning or transmitting a share,\n> > \n> > > (b) any other transaction that purports to have the effect of mortgaging or otherwise creating an interest in a share.\n> \n> > (2) This clause does not apply in respect of a share management fishery if the share management plan for the fishery prescribes a different fee in respect of an application.","sortOrder":129},{"sectionNumber":"105","sectionType":"section","heading":"Fee for inspection of Share Register and registered documents","content":"#### 105 Fee for inspection of Share Register and registered documents\n\n105 Fee for inspection of Share Register and registered documents\n\n> For the purposes of section 97 (1) of the Act, the fees for the following matters are specified in Schedule 6—\n> \n> > (a) the inspection of an entry in the Share Register that is conducted with the assistance of an officer of the Department,\n> \n> > (b) the inspection of a copy of a document retained by the Secretary under section 91B of the Act.","sortOrder":130},{"sectionNumber":"106","sectionType":"section","heading":"Information not required to be made available for inspection","content":"#### 106 Information not required to be made available for inspection\n\n106 Information not required to be made available for inspection\n\n> For the purposes of section 97 (3) of the Act, information that discloses any contact details of a party or witness to a dealing (within the meaning of Division 10 of Part 3 of the Act), including any home, business or postal address, any personal or business email address or any home, business or mobile telephone number, is excluded from section 97 of the Act.","sortOrder":131},{"sectionNumber":"Part 8","sectionType":"part","heading":"Licences for commercial fishing and boats","content":"# Part 8 Licences for commercial fishing and boats\n\nPart 8 Licences for commercial fishing and boats","sortOrder":132},{"sectionNumber":"107","sectionType":"section","heading":"Who may hold commercial fishing licence","content":"#### 107 Who may hold commercial fishing licence\n\n107 Who may hold commercial fishing licence\n\n> For the purposes of section 103 (2) (c) of the Act, the following individuals are authorised to hold a commercial fishing licence—\n> \n> > (a) an individual who is the owner of a fishing business the components of which include an endorsement that authorises the taking of fish for sale in a restricted fishery or who is duly nominated to take fish on behalf of the owner of such a fishing business,\n> \n> > (b) an individual who the owner of a fishing business proposes to nominate (under section 69 of the Act in respect of a share management fishery or under Division 4 of Part 9 of this Regulation in respect of a restricted fishery) to take fish on behalf of the owner and who does not already hold a commercial fishing licence,\n> \n> > (c) an individual who applies for a permit, or who is authorised under an order, under section 37 of the Act in relation to a commercial fishing activity and who does not already hold a commercial fishing licence.\n> \n> > (d) (Repealed)\n> \n> Note.\n> \n> Section 103 (2) (a) of the Act provides that a shareholder in a share management fishery, or an individual who is duly nominated by a shareholder, is authorised to hold a commercial fishing licence.\n> \n> **cl 107:** Am 2022 (688), Sch 3\\[2\\] \\[3\\].","sortOrder":134},{"sectionNumber":"108","sectionType":"section","heading":"Commercial fishing licence application terms and fees","content":"#### 108 Commercial fishing licence application terms and fees\n\n108 Commercial fishing licence application terms and fees\n\n> > (1) An application for a commercial fishing licence must nominate one of the following terms of duration for the licence—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 5 years,\n> > \n> > > (c) 10 years.\n> \n> > (2) The fee for an application for the issue of a commercial fishing licence is the amount specified in Schedule 6.\n> \n> > (3) The Minister may issue a licence for—\n> > \n> > > (a) the nominated term, or\n> > \n> > > (b) if satisfied that it is in the public interest—a term that is shorter than the nominated term.\n> \n> > (4) If the Minister issues a licence for a shorter term, the Minister must refund the applicant a proportionate amount of the application fee.\n> \n> **cl 108:** Subst 2022 (688), Sch 3\\[4\\].","sortOrder":135},{"sectionNumber":"109","sectionType":"section","heading":null,"content":"#### 109\n\n109 (Repealed)","sortOrder":136},{"sectionNumber":"110","sectionType":"section","heading":"Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant","content":"#### 110 Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant\n\n110 Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant\n\n> For the purposes of section 104 (3) of the Act, the Minister is authorised to refuse to issue a commercial fishing licence to an eligible applicant if—\n> \n> > (a) the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or\n> \n> > (b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> \n> > (c) the applicant has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> \n> > (d) the applicant has been convicted of an offence relating to an assault on a fisheries official, or\n> \n> > (e) the applicant has not paid any fee or contribution due and payable in connection with a commercial fishing licence, or\n> \n> > (f) the Minister is satisfied that the applicant has not demonstrated the capacity or qualifications necessary to enable the individual to successfully engage in commercial fishing operations, or\n> \n> > (g) the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or\n> \n> > (h) the applicant has previously held a commercial fishing licence that has been cancelled or holds a commercial fishing licence that is currently suspended, or\n> \n> > (i) the applicant has been required to forfeit any shares in a share management fishery under the Act.","sortOrder":138},{"sectionNumber":"111","sectionType":"section","heading":"Conditions of commercial fishing licence","content":"#### 111 Conditions of commercial fishing licence\n\n111 Conditions of commercial fishing licence\n\n> > (1) For the purposes of section 104 (4) (a) of the Act, the following conditions are prescribed—\n> > \n> > > (a) the holder of the licence must not engage any person as a crew member unless the holder is satisfied that the person has the necessary skills, experience or capacity to participate successfully in fishing operations authorised by the licence,\n> > \n> > > (b) the holder of the licence must not use a crew member on a boat being used by the licensee to take fish, unless the boat is being used as follows—\n> > > \n> > > > (i) to take abalone in the abalone share management fishery in accordance with paragraph (c),\n> > > \n> > > > (ii) to take yabbies or carp in the inland restricted fishery in accordance with paragraph (d),\n> > > \n> > > > (iii) to take sea urchin or turban shell in the sea urchin and turban shell restricted fishery in accordance with paragraph (e),\n> > \n> > > (c) the holder of the licence, being a licence that is endorsed under the Act for the taking of abalone in the abalone share management fishery, must not use a crew member on a boat being used by the licence holder for the taking of abalone from the fishery, unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking abalone from the fishery on the licence holder’s behalf,\n> > \n> > > (d) the holder of the licence must not use a crew member on a boat being used by the licence holder to take yabbies or carp in the inland restricted fishery unless—\n> > > \n> > > > (i) if the boat is being used to take yabbies, the licence holder is using no more than 1 crew member to assist in that purpose and the licence holder is authorised to take yabbies in the inland restricted fishery under a class A endorsement in the fishery, or\n> > > \n> > > > (ii) if the boat is being used to take carp, the licence holder is authorised to take carp in the inland restricted fishery under a class A, class B or class D endorsement in the fishery,\n> > \n> > > (e) the holder of the licence, being a licence that is endorsed under the Act for the taking of sea urchin or turban shell (or both) in the sea urchin and turban shell restricted fishery, must not use a crew member on a boat being used by the licence holder for the taking of sea urchin or turban shell from the fishery unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking sea urchin or turban shell from the fishery on the licence holder’s behalf,\n> > \n> > > (f) the holder of the licence must co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations,\n> > \n> > > (g) the holder of the licence must take all reasonable steps to ensure that all members of the crew, while assisting the holder of the licence to take fish, co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations.\n> \n> > (2) (Repealed)\n> \n> Note.\n> \n> Additional licence conditions apply to endorsement holders in restricted fisheries (see Part 9) or share management fisheries (see the share management plans for those fisheries).\n> \n> **cl 111:** Am 2022 (688), Sch 3\\[5\\]–\\[7\\].","sortOrder":139},{"sectionNumber":"112","sectionType":"section","heading":"Renewal of commercial fishing licence","content":"#### 112 Renewal of commercial fishing licence\n\n112 Renewal of commercial fishing licence\n\n> > (1) The holder of a commercial fishing licence may apply in writing to the Minister for the renewal of the licence.\n> \n> > (2) An application for the renewal must nominate one of the following terms of duration for the licence—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 5 years,\n> > \n> > > (c) 10 years.\n> \n> > (2A) The fee for an application for the renewal is the amount specified in Schedule 6.\n> \n> > (2B) The Minister may renew a licence for—\n> > \n> > > (a) the nominated term, or\n> > \n> > > (b) if satisfied that it is in the public interest—a term that is shorter than the nominated term.\n> \n> > (2C) If the Minister renews a licence for a shorter term, the Minister must refund the applicant a proportionate amount of the application fee.\n> \n> > (3) The Minister may refuse to renew the licence if—\n> > \n> > > (a) the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or\n> > \n> > > (b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (c) the applicant has been convicted of an offence relating to an assault on a fisheries official, or\n> > \n> > > (d) the applicant has, in the opinion of the Minister, contravened a condition of the licence or of an endorsement on that licence or of an approval granted under section 37 of the Act, or\n> > \n> > > (e) the application for renewal of the licence is received by the Minister after the expiry date of the licence, or\n> > \n> > > (f) the applicant has made a statement in connection with the application for renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or\n> > \n> > > (g) the applicant has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> > \n> > > (h) the applicant has been required to forfeit any shares in a share management fishery under the Act, or\n> > \n> > > (i) the applicant is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or\n> > \n> > > (j) the applicant has not paid any fee or contribution due and payable in connection with the renewal of the licence.\n> \n> > (4) (Repealed)\n> \n> > (5) If an application is duly made for renewal of a commercial fishing 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—\n> > \n> > > (a) is taken to continue in force until the licence is renewed or the application for renewal is refused, and\n> > \n> > > (b) may be renewed despite the fact that, but for this subclause, the licence would have expired.\n> \n> > (6) An application for renewal of a commercial fishing licence received by the Minister after the expiry date of the licence may be treated as an application for the issue of a commercial fishing licence, and in such a case the fee payable in respect of the application is the fee for the application for the issue of a commercial fishing licence under clause 109.\n> \n> **cl 112:** Am 2022 (688), Sch 3\\[2\\] \\[8\\] \\[9\\].","sortOrder":140},{"sectionNumber":"113","sectionType":"section","heading":"Grounds for suspension or cancellation of licence","content":"#### 113 Grounds for suspension or cancellation of licence\n\n113 Grounds for suspension or cancellation of licence\n\n> For the purposes of section 104 (4) (e) of the Act, the Minister may cancel or suspend a commercial fishing licence if—\n> \n> > (a) the holder of the licence has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or\n> \n> > (b) the holder of the licence has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> \n> > (c) the holder of the licence has been convicted of an offence relating to an assault on a fisheries official, or\n> \n> > (d) the holder of the licence has, in the opinion of the Minister, contravened a condition of the licence or of an endorsement on that licence or of an approval granted under section 37 of the Act, or\n> \n> > (e) the holder of the licence has not paid any fee or contribution due and payable in connection with the licence, or\n> \n> > (f) the holder of the licence made a statement in connection with the holder’s application for the issue or renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or\n> \n> > (g) the holder of the licence is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or\n> \n> > (h) the holder of the licence has requested in writing to the Minister that the licence be cancelled or suspended, or\n> \n> > (i) the holder of the licence has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act.","sortOrder":141},{"sectionNumber":"114","sectionType":"section","heading":"Crew members must not sell fish","content":"#### 114 Crew members must not sell fish\n\n114 Crew members must not sell fish\n\n> > (1) A person who is a member of a crew of a fishing boat must not sell any fish taken by the person while working under the supervision of the holder of a commercial fishing licence.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) This clause does not apply to a person who is—\n> > \n> > > (a) the owner of the fishing business in connection with which the fish were taken, or\n> > \n> > > (b) the employer of the licence holder under whose supervision the fish were taken.\n> \n> > (3) (Repealed)\n> \n> **cl 114:** Am 2022 (688), Sch 3\\[10\\]–\\[13\\].","sortOrder":142},{"sectionNumber":"115","sectionType":"section","heading":"Provisions relating to fishing boat licences","content":"#### 115 Provisions relating to fishing boat licences\n\n115 Provisions relating to fishing boat licences\n\n> > (1) For the Act, section 108(3), the Minister may refuse an application for a fishing boat licence if there are no commercial fishing boat activities declared under the Act, section 107(2).\n> \n> > (2) For the Act, section 108(4)(d), the Minister may cancel a fishing boat licence if there are no commercial fishing boat activities declared under the Act, section 107(2).\n> \n> **cl 115:** Subst 2022 (688), Sch 3\\[14\\].","sortOrder":144},{"sectionNumber":"116","sectionType":"section","heading":null,"content":"#### 116\n\n116–124 (Repealed)","sortOrder":145},{"sectionNumber":"125","sectionType":"section","heading":"Boat marking requirements for commercial fishing boats","content":"#### 125 Boat marking requirements for commercial fishing boats\n\n125 Boat marking requirements for commercial fishing boats\n\n> > (1) A person must not operate a boat that displays the letters “LFB” in any waters if the boat is not being used for a commercial fishing boat activity.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) The owner of a boat must not cause or permit the letters “LFB” to be displayed on a boat in any waters if the boat is not being used for a commercial fishing boat activity.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) For the purposes of section 109 of the Act—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) a boat being used for commercial fishing boat activities must display, on both sides of the outside of the bow or wheelhouse, the letters “LFB”, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) a dinghy or other vessel carried on a boat being used for commercial fishing boat activities must display, on both sides of the outside of the dinghy or vessel, the letter “D”.\n> \n> > (4) The markings must consist of clearly visible letters and figures that are of a colour that contrasts with that of the boat, dinghy or other vessel and that are—\n> > \n> > > (a) in the case of a boat that is more than 7.5 metres long and is used in ocean waters—not less than 300 mm in height and 150 mm in width, or\n> > \n> > > (b) in the case of a dinghy or other vessel carried on any boat—not less than 50 mm in height, or\n> > \n> > > (c) in the case of any other boat—not less than 150 mm in height.\n> \n> **cl 125:** Am 2022 (688), Sch 3\\[15\\] \\[16\\].","sortOrder":147},{"sectionNumber":"Part 9","sectionType":"part","heading":"Restricted fisheries","content":"# Part 9 Restricted fisheries\n\nPart 9 Restricted fisheries","sortOrder":148},{"sectionNumber":"126","sectionType":"section","heading":"Definitions","content":"#### 126 Definitions\n\n126 Definitions\n\n> In this Division—\n> \n> endorsement means an endorsement on a commercial fishing licence that authorises the holder of the licence to take sea urchin or turban shell (or both) for sale.\n> \n> endorsement holder means the holder of a commercial fishing licence that has an endorsement.\n> \n> entitlement holder means a person who is eligible for an endorsement in the fishery, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.\n> \n> fishing period means each period of 12 months commencing on 1 January and ending on 31 December or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.\n> \n> nominated fisher of a fishing business owner means a person nominated in accordance with Division 4 to take fish in the restricted fishery.\n> \n> restricted fishery means the sea urchin and turban shell restricted fishery.\n> \n> sea urchin fishing business owner means the owner of a fishing business the components of which include a sea urchin endorsement.","sortOrder":150},{"sectionNumber":"127","sectionType":"section","heading":"Sea urchin and turban shell are a restricted fishery","content":"#### 127 Sea urchin and turban shell are a restricted fishery\n\n127 Sea urchin and turban shell are a restricted fishery\n\n> For the purposes of section 111 of the Act, sea urchin and turban shell are declared to be a restricted fishery.","sortOrder":151},{"sectionNumber":"128","sectionType":"section","heading":"Types of endorsement in restricted fishery","content":"#### 128 Types of endorsement in restricted fishery\n\n128 Types of endorsement in restricted fishery\n\n> The following classes of endorsement are available in the restricted fishery—\n> \n> > (a) a sea urchin endorsement that authorises the holder to take sea urchin for sale,\n> \n> > (b) a turban shell endorsement that authorises the holder to take turban shell for sale.","sortOrder":152},{"sectionNumber":"129","sectionType":"section","heading":"Eligibility for endorsements","content":"#### 129 Eligibility for endorsements\n\n129 Eligibility for endorsements\n\n> > (1) A person who, immediately before 1 September 2019, was eligible for an endorsement in the restricted fishery remains eligible for that endorsement, subject to this clause.\n> \n> > (2) If a fishing business owner transfers an endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—\n> > \n> > > (a) the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and\n> > \n> > > (b) the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.\n> \n> > (3) A person whose endorsement is cancelled by the Minister under this Division (otherwise than because the person has ceased to be eligible for an endorsement) is taken, on that cancellation, to cease to be eligible for the endorsement.\n> \n> Note.\n> \n> Historically, eligibility for an endorsement was determined on the basis of shareholdings in the abalone fishery (which previously formed part of the sea urchin and turban shell restricted fishery).","sortOrder":153},{"sectionNumber":"130","sectionType":"section","heading":"Public tender for issue of further endorsements","content":"#### 130 Public tender for issue of further endorsements\n\n130 Public tender for issue of further endorsements\n\n> > (1) The Minister may, at any time after considering the status of stock levels in the restricted fishery, call for public tenders for the issue of further endorsements in the restricted fishery.\n> \n> > (2) Notice of the public tender is to be published in the Gazette.\n> \n> > (3) The conditions of the public tender are to be determined by the Minister and published in the Gazette notice.\n> \n> > (4) A person is eligible for an endorsement in the restricted fishery if the person is a successful tenderer.","sortOrder":154},{"sectionNumber":"131","sectionType":"section","heading":"Endorsement of commercial fishing licences","content":"#### 131 Endorsement of commercial fishing licences\n\n131 Endorsement of commercial fishing licences\n\n> > (1) The Minister may endorse the commercial fishing licence of a person only if—\n> > \n> > > (a) the person satisfies the eligibility requirements for an endorsement, and\n> > \n> > > (b) any fee or contribution due and payable in connection with the endorsement has been paid.\n> \n> > (2) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if—\n> > \n> > > (a) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or\n> > \n> > > (b) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (c) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> > \n> > > (d) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or\n> > \n> > > (e) the person has previously held an endorsement which has been suspended or cancelled by the Minister.\n> \n> > (3) An application for an endorsement is to be made to the Minister in a form approved by the Secretary.","sortOrder":155},{"sectionNumber":"132","sectionType":"section","heading":"Duration of endorsement","content":"#### 132 Duration of endorsement\n\n132 Duration of endorsement\n\n> An endorsement takes effect from the date it is given and—\n> \n> > (a) remains in force (except while suspended or after being cancelled) for the period specified in the endorsement, and\n> \n> > (b) may be renewed by the grant of an endorsement for a further period.","sortOrder":156},{"sectionNumber":"133","sectionType":"section","heading":"Cancellation and suspension of endorsements","content":"#### 133 Cancellation and suspension of endorsements\n\n133 Cancellation and suspension of endorsements\n\n> The Minister may suspend or cancel an endorsement if—\n> \n> > (a) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or\n> \n> > (b) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> \n> > (c) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> \n> > (d) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or\n> \n> > (e) the endorsement holder has not paid any fee or contribution due and payable in connection with the endorsement, or\n> \n> > (f) the endorsement holder ceases to be eligible for an endorsement.","sortOrder":157},{"sectionNumber":"134","sectionType":"section","heading":"TAF Committee to make TAC determination for red sea urchin","content":"#### 134 TAF Committee to make TAC determination for red sea urchin\n\n134 TAF Committee to make TAC determination for red sea urchin\n\n> > (1) The TAF Committee is required to make a TAC determination for red sea urchin.\n> \n> > (2) A TAC determination is to be made in respect of each fishing period.\n> \n> Note.\n> \n> Under section 40K of the Act, the Minister may direct the TAF Committee as to the matters to be taken into account when making a fishing determination.","sortOrder":158},{"sectionNumber":"135","sectionType":"section","heading":"Allocation of quota for red sea urchin","content":"#### 135 Allocation of quota for red sea urchin\n\n135 Allocation of quota for red sea urchin\n\n> > (1) The Secretary is required to allocate the TAC determination for red sea urchin among the sea urchin fishing business owners, subject to any direction given by the Minister under section 40Q (3) of the Act.\n> \n> > (2) The whole of the TAC determination is not required to be allocated.\n> \n> > (3) The TAC determination is to be allocated to sea urchin fishing business owners equally between sea urchin fishing businesses.\n> \n> > (4) The Secretary may, at any time during a fishing period, adjust the quota of a sea urchin fishing business owner to rectify any errors in the calculation of the quota in the fishing period or in a previous fishing period.\n> \n> > (5) This clause also applies to any interim TAC determination for red sea urchin made by the Secretary under section 40I of the Act.","sortOrder":159},{"sectionNumber":"136","sectionType":"section","heading":"Sea urchin fishing business owner to notify nominated fishers of quota","content":"#### 136 Sea urchin fishing business owner to notify nominated fishers of quota\n\n136 Sea urchin fishing business owner to notify nominated fishers of quota\n\n> > (1) A sea urchin fishing business owner who is notified of an allocation of quota by the Secretary under section 40R of the Act must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business owner is notified of the particulars of the quota.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A sea urchin fishing business owner who transfers or acquires quota under clause 137 must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business owner is notified of the particulars of the quota transfer.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":160},{"sectionNumber":"137","sectionType":"section","heading":"Transfer of quota","content":"#### 137 Transfer of quota\n\n137 Transfer of quota\n\n> > (1) Quota may be transferred only between sea urchin fishing business owners.\n> \n> > (2) Quota may be transferred only within the fishing period to which the quota applies.\n> > \n> > Note.\n> > \n> > A sea urchin fishing business owner is not authorised—\n> > \n> > > (a) to transfer to the next fishing period any part of the fishing business owner’s quota for the current fishing period that is not taken during the current fishing period, or\n> > \n> > > (b) to transfer to the current fishing period part of the fishing business owner’s quota for the next fishing period.\n> \n> > (3) For the purposes of section 40U (3) of the Act, the fee for a manual transfer of quota is the amount specified in Schedule 6.\n> > \n> > Note.\n> > \n> > No fee is prescribed under section 40U (2) of the Act for an electronic transfer of quota using the online transfer system.","sortOrder":161},{"sectionNumber":"138","sectionType":"section","heading":"Allocation of quota following replacement TAC determination","content":"#### 138 Allocation of quota following replacement TAC determination\n\n138 Allocation of quota following replacement TAC determination\n\n> > (1) If an interim TAC determination for a fishing period is subsequently replaced by a TAC determination made by the TAF Committee for the same fishing period, the Minister may give directions to the Secretary as to the manner in which the Secretary is to allocate the replacement TAC determination among sea urchin fishing business owners.\n> \n> > (2) Without limiting subclause (1), a direction may require the Secretary to have regard to the following—\n> > \n> > > (a) any quota of red sea urchin taken by a sea urchin fishing business owner during the interim fishing period,\n> > \n> > > (b) the transfer of any quota between sea urchin fishing business owners during the interim fishing period,\n> > \n> > > (c) the transfer of any sea urchin endorsements during the interim fishing period.\n> \n> > (3) In this clause—\n> > \n> > interim fishing period means the part of a fishing period in respect of which an interim TAC determination was in force.\n> > \n> > interim TAC determination means an interim TAC determination made by the Secretary under section 40I of the Act.","sortOrder":162},{"sectionNumber":"139","sectionType":"section","heading":"Special licence conditions for licence holders who nominate fishers","content":"#### 139 Special licence conditions for licence holders who nominate fishers\n\n139 Special licence conditions for licence holders who nominate fishers\n\n> For the purposes of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that the licensee, if the licensee has duly nominated another commercial fisher to take sea urchin or turban shell (or both) on the licensee’s behalf—\n> \n> > (a) must not assist, encourage or permit that commercial fisher to contravene the Act or the regulations or the conditions of that other fisher’s commercial fishing licence or of an endorsement on that licence in connection with the taking of such sea urchin or turban shell, and\n> \n> > (b) must take all reasonable steps to ensure that the other commercial fisher does not contravene the Act or the regulations or the conditions of that other fisher’s commercial fishing licence or of an endorsement on that licence in connection with the taking of sea urchin or turban shell.","sortOrder":163},{"sectionNumber":"140","sectionType":"section","heading":"Waters closed to taking of sea urchins and turban shells","content":"#### 140 Waters closed to taking of sea urchins and turban shells\n\n140 Waters closed to taking of sea urchins and turban shells\n\n> For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the taking of sea urchins and turban shells by any method is prohibited.\n> \n> Table\n> \n> | Waters | Description |\n> | Sandon to Red Rock | The whole of the waters between a line drawn east from the point 153°19′57.9648″ east, 29°40′25.8456″ south, and a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south. |\n> | Red Rock to Coffs Harbour | The whole of the waters between a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south, and a line drawn east from the point 153°09′11.6064″ east, 30°18′31.8888″ south. |\n> | Seal Rocks to Broughton Island | The whole of the waters between a line drawn east from the point 152°32′09.9384″ east, 32°26′02.3964″ south and a line drawn east from the point 152°17′16.75″ east, 32°35′25.0044″ south. |\n> | Ex-HMAS Adelaide Reserve | The whole of the waters enclosed by the following coordinates—(a) 33°27.887′ S and 151°27.301′ E,(b) 33°27.767′ S and 151°27.374′ E,(c) 33°27.852′ S and 151°27.574′ E,(d) 33°27.973′ S and 151°27.502′ E. |\n> | Broken Bay to Sydney Harbour | The whole of the waters between a line drawn east from the point 151°19′43.8888″ east, 33°34′40.7532″ south, and a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south. |\n> | Sydney Harbour to Bondi Beach | The whole of the waters between a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south, and a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south. |\n> | Bondi Beach to Botany Bay | The whole of the waters between a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south, and a line drawn east from the point 151°13′19.992″ east, 34°00′05.364″ south. |\n> | Bombo Beach to Werri Beach | The whole of the waters between a line drawn east of the point 150°51′23.0616″ east, 34°39′26.8029″ south and a line drawn east of the point 150°50′06.7020″ east, 34°44′04.1820″ south. |\n> | Currarong to Point Perpendicular | The whole of the waters between a line drawn east from the points 150°49′20.4636″ east, 34°58′58.6668″ south, and 150°49′20.4636″ east, 35°00′49.5396″ south and a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south. |\n> | Inside Jervis Bay | The whole of the waters between a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south, and a line drawn east from the point 150°46′06.0456″ east, 35°06′43.992″ south. |\n> | Malua Bay to Burrewarra Point | The whole of the waters between a line drawn east from the point 150°13′51.1356″ east, 35°47′34.5696″ south, and a line drawn east from the point 150°14′07.7244″ east, 35°50′06.0324″ south. |\n> | Cuttagee Point to Thibbul Inlet (Murrah) | The whole of the waters between a line drawn east from the point 150°03′18.2196″ east, 36°29′16.6056″ south and a line drawn east from the point 150°03′27.1296″ east, 36°31′32.7576″ south. |\n> | Bithry Inlet to Barounda Inlet | The whole of the waters between a line drawn east from the point 150°01′12.2052″ east, 36°37′46.8768″ south, and a line drawn east from the point 149°59′41.7444″ east, 36°41′09.3264″ south. |\n> | Mowarry Point to Saltwater Beach | The whole of the waters between a line drawn east from the point 150°00′16.5996″ east, 37°08′29.1552″ south, and a line drawn east from the point 150°00′11.484″ east, 37°10′10.8336″ south. |\n> | Black Head Anchorage to Nadgee Lake | The whole of the waters between a line drawn east from the point 149°58′21.5148″ east, 37°26′26.358″ south, and a line drawn east from the point 149°58′21.1764″ east, 37°27′54.9648″ south. |","sortOrder":164},{"sectionNumber":"141","sectionType":"section","heading":"Reports to be made before taking sea urchin and turban shell","content":"#### 141 Reports to be made before taking sea urchin and turban shell\n\n141 Reports to be made before taking sea urchin and turban shell\n\n> > (1) For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to each occasion on which the endorsement holder proposes to take sea urchin or turban shell under the endorsement (a pre-fishing report)—\n> > \n> > > (a) the date of the report,\n> > \n> > > (b) the registration number of the commercial fishing licence of the endorsement holder,\n> > \n> > > (c) the number of the fishing business of which the endorsement is a component,\n> > \n> > > (d) (Repealed)\n> > \n> > > (e) where the endorsement holder intends to come ashore after having taken sea urchin or turban shell.\n> \n> > (2) For the purposes of section 124A (3) (a) of the Act, a pre-fishing report must be made before—\n> > \n> > > (a) the boat being used by the endorsement holder to take sea urchin or turban shell enters the water, or\n> > \n> > > (b) the endorsement holder enters the water to take sea urchin or turban shell,\n> > \n> > whichever occurs first.\n> \n> **cl 141:** Am 2022 (688), Sch 3\\[17\\].","sortOrder":165},{"sectionNumber":"142","sectionType":"section","heading":"Reports of sea urchin and turban shell catch","content":"#### 142 Reports of sea urchin and turban shell catch\n\n142 Reports of sea urchin and turban shell catch\n\n> > (1) For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to each occasion on which the endorsement holder takes sea urchin or turban shell (a catch report)—\n> > \n> > > (a) the registration number of the commercial fishing licence of the endorsement holder,\n> > \n> > > (b) the number of the fishing business of which the endorsement is a component,\n> > \n> > > (c) the weight of any catch of red sea urchin,\n> > \n> > > (d) where the endorsement holder came ashore.\n> \n> > (2) For the purposes of section 124A (3) (a) of the Act, a catch report must be made—\n> > \n> > > (a) before the endorsement holder moves more than 50 metres from where the endorsement holder came ashore, or\n> > \n> > > (b) before any of the catch is taken out of New South Wales, or\n> > \n> > > (c) within 30 minutes of the endorsement holder coming ashore,\n> > \n> > whichever occurs first.\n> \n> > (3) For the purposes of section 112 (2) of the Act, it is a condition of an endorsement that the endorsement holder must remain in the immediate vicinity of the catch until the catch report has been made.\n> \n> > (4) For the purposes of this clause and clause 143, the weight of a catch of red sea urchin is to be determined by accurate scales and rounded to 1 decimal place.","sortOrder":166},{"sectionNumber":"143","sectionType":"section","heading":"Reporting when real time reporting system not available","content":"#### 143 Reporting when real time reporting system not available\n\n143 Reporting when real time reporting system not available\n\n> For the purposes of section 124A (4) of the Act, if an endorsement holder cannot make a pre-fishing report or a catch report because the real time reporting system malfunctions or is not available, the endorsement holder must—\n> \n> > (a) complete the form approved by the Secretary for the purposes of this clause in accordance with any instructions in the form, and\n> \n> > (b) send the completed form to the Secretary within the time specified in the form.","sortOrder":167},{"sectionNumber":"144","sectionType":"section","heading":"Definitions","content":"#### 144 Definitions\n\n144 Definitions\n\n> In this Division—\n> \n> certificate of survey for a boat means—\n> \n> > (a) a certificate of survey in force under the National law, within the meaning of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), or\n> \n> > (b) if a certificate of survey has not been issued for the boat—a document that—\n> > \n> > > (i) is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and\n> > \n> > > (ii) specifies the measured length of the boat determined in accordance with the National Standard for Commercial Vessels.\n> \n> endorsement means a southern fish trawl endorsement.\n> \n> Note.\n> \n> A southern fish trawl endorsement is defined in clause 3 (1) as an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.\n> \n> endorsement holder means the holder of a commercial fishing licence that has an endorsement.\n> \n> entitlement holder means a person who is eligible for an endorsement in the fishery, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.\n> \n> exempt boat means a boat exempt from the maximum boat length under clause 150A or 150C.\n> \n> identifying number of a boat means the identifier issued by the Secretary for the boat under clause 125(3)(a) before its repeal.\n> \n> maximum boat length—see clause 150.\n> \n> National Standard for Commercial Vessels means the National Standard for Commercial Vessels within the meaning of the [Marine Safety (Domestic Commercial Vessel) National Law](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> nominated fisher of a fishing business owner means a person who has been nominated in accordance with Division 4 to take fish for sale in the restricted fishery.\n> \n> relevant fishing boat licence—see clause 150A(1).\n> \n> restricted fishery means the southern fish trawl restricted fishery.\n> \n> southern fish trawl fishery means the fishery described in clause 145.\n> \n> unique vessel identifier for a boat means the vessel identifier issued for the boat by the Australian Maritime Safety Authority under the National Standard for Commercial Vessels.\n> \n> **cl 144:** Am 2022 (688), Sch 3\\[18\\].","sortOrder":169},{"sectionNumber":"145","sectionType":"section","heading":"Southern fish trawl fishery is a restricted fishery","content":"#### 145 Southern fish trawl fishery is a restricted fishery\n\n145 Southern fish trawl fishery is a restricted fishery\n\n> > (1) For the purposes of section 111 of the Act, the southern fish trawl fishery is declared to be a restricted fishery.\n> \n> > (2) The southern fish trawl fishery comprises the use of an otter trawl net (fish) or a danish seine trawl net (fish) to take fish (other than prawns) 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 of Barrenjoey Headland.","sortOrder":170},{"sectionNumber":"146","sectionType":"section","heading":"Eligibility for endorsements","content":"#### 146 Eligibility for endorsements\n\n146 Eligibility for endorsements\n\n> > (1) A person who, immediately before 1 September 2019, was eligible for a southern zone endorsement in the ocean fish trawl restricted fishery remains eligible for an endorsement in the restricted fishery, subject to this clause.\n> \n> > (2) If a fishing business owner transfers an endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—\n> > \n> > > (a) the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and\n> > \n> > > (b) the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.\n> \n> > (3) A person whose endorsement is cancelled by the Minister under this Division (otherwise than because the person has ceased to be eligible for an endorsement) is taken, on that cancellation, to cease to be eligible for the endorsement.\n> \n> Note.\n> \n> Historically, eligibility for an endorsement was determined on the basis of catch history in the fishery and other matters.","sortOrder":171},{"sectionNumber":"147","sectionType":"section","heading":"Application for endorsements","content":"#### 147 Application for endorsements\n\n147 Application for endorsements\n\n> > (1) The Minister may endorse the commercial fishing licence of a person only if—\n> > \n> > > (a) the person satisfies the eligibility requirements for an endorsement, and\n> > \n> > > (b) any fee or contribution due and payable in connection with the endorsement has been paid.\n> \n> > (2) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if—\n> > \n> > > (a) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or\n> > \n> > > (b) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (c) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> > \n> > > (d) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or\n> > \n> > > (e) the person has previously held an endorsement that has been suspended or cancelled by the Minister.","sortOrder":172},{"sectionNumber":"148","sectionType":"section","heading":"Duration of endorsement","content":"#### 148 Duration of endorsement\n\n148 Duration of endorsement\n\n> An endorsement takes effect from the date it is given and—\n> \n> > (a) remains in force (except while suspended or after being cancelled) for the period specified in the endorsement, and\n> \n> > (b) may be renewed by the grant of an endorsement for a further period.","sortOrder":173},{"sectionNumber":"149","sectionType":"section","heading":"Cancellation and suspension of endorsements","content":"#### 149 Cancellation and suspension of endorsements\n\n149 Cancellation and suspension of endorsements\n\n> The Minister may cancel or suspend an endorsement if—\n> \n> > (a) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or\n> \n> > (b) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> \n> > (c) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> \n> > (d) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or\n> \n> > (e) the endorsement holder has not paid any fee or contribution due and payable in connection with the endorsement, or\n> \n> > (f) the endorsement holder ceases to be eligible for an endorsement.","sortOrder":174},{"sectionNumber":"150","sectionType":"section","heading":"Boat length restrictions","content":"#### 150 Boat length restrictions\n\n150 Boat length restrictions\n\n> > (1) For the Act, section 112(2), it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the restricted fishery if the measured length of the boat is more than 20m (the maximum boat length).\n> \n> > (2) A boat is exempt from the maximum boat length if the boat—\n> > \n> > > (a) is an exempt boat, and\n> > \n> > > (b) displays—\n> > > \n> > > > (i) the unique vessel identifier for the boat, or\n> > > \n> > > > (ii) the identifying number of the boat, in accordance with subclause (3).\n> \n> > (3) The identifying number of the boat must be displayed—\n> > \n> > > (a) on both sides of the outside of the bow or wheelhouse, and\n> > \n> > > (b) following the letters “LFB”, and\n> > \n> > > (c) using letters and figures that are—\n> > > \n> > > > (i) clearly visible, and\n> > > \n> > > > (ii) in a colour that contrasts with the boat, and\n> > > \n> > > > (iii) at least 300mm high and 150mm wide.\n> \n> > (4) In this clause—\n> > \n> > measured length of a boat means the measured length specified in the most recent certificate of survey for the boat.\n> \n> **cl 150:** Subst 2022 (688), Sch 3\\[19\\].","sortOrder":175},{"sectionNumber":"150A","sectionType":"section","heading":"Boats exempt from maximum boat length","content":"#### 150A Boats exempt from maximum boat length\n\n150A Boats exempt from maximum boat length\n\n> > (1) A boat is exempt from the maximum boat length if, immediately before the commencement of this clause, a fishing boat licence that specified an “OT” exemption code (a relevant fishing boat licence) authorised the use of the boat for a declared commercial fishing boat activity.\n> \n> > (2) A boat is exempt only if the following are provided to the Secretary within the relevant period—\n> > \n> > > (a) the name of the boat,\n> > \n> > > (b) the identifying number of the boat,\n> > \n> > > (c) the unique vessel identifier for the boat,\n> > \n> > > (d) the most recent certificate of survey for the boat.\n> \n> > (3) In this clause—\n> > \n> > relevant period means 90 days from the commencement of this clause or a longer period determined by the Secretary.\n> \n> **cl 150A:** Ins 2022 (688), Sch 3\\[19\\].","sortOrder":176},{"sectionNumber":"150B","sectionType":"section","heading":"Transfer of entitlement to exempt boat","content":"#### 150B Transfer of entitlement to exempt boat\n\n150B Transfer of entitlement to exempt boat\n\n> > (1) A person who, immediately before the commencement of this clause, held a relevant fishing boat licence may transfer the entitlement to an exempt boat to another person.\n> \n> > (2) The person to whom the entitlement to an exempt boat is transferred under subclause (1) may transfer the entitlement to another person.\n> \n> > (3) If a person transfers an entitlement under subclause (1) or (2)—\n> > \n> > > (a) the transferee is entitled to an exempt boat as if the person was the holder of the relevant fishing boat licence, and\n> > \n> > > (b) the transferor is no longer entitled to an exempt boat.\n> \n> **cl 150B:** Ins 2022 (688), Sch 3\\[19\\].","sortOrder":177},{"sectionNumber":"150C","sectionType":"section","heading":"New and replacement exempt boats","content":"#### 150C New and replacement exempt boats\n\n150C New and replacement exempt boats\n\n> > (1) An exempt boat may not be replaced after 3 years from the commencement of this clause.\n> \n> > (2) A person who has an entitlement to an exempt boat may not acquire an exempt boat after 3 years from the commencement of this clause.\n> \n> > (3) The Secretary may extend the 3-year period specified in subclause (1) or (2) if the Secretary is satisfied exceptional circumstances exist.\n> \n> > (4) A replacement boat is exempt from the maximum boat length if—\n> > \n> > > (a) the boat is not longer than the maximum length specified, immediately before the commencement of this clause, on the relevant fishing boat licence for the replaced boat, and\n> > \n> > > (b) the following are provided to the Secretary—\n> > > \n> > > > (i) the name of the boat,\n> > > \n> > > > (ii) the unique vessel identifier for the boat,\n> > > \n> > > > (iii) the most recent certificate of survey for the boat,\n> > > \n> > > > (iv) if the replacement boat is exempt because of the transfer of an entitlement under clause 150B—evidence that is, in the opinion of the Secretary, reasonably sufficient to demonstrate that the entitlement was transferred in accordance with that clause.\n> \n> **cl 150C:** Ins 2022 (688), Sch 3\\[19\\].","sortOrder":178},{"sectionNumber":"151","sectionType":"section","heading":"Use of fish spikes and other implements","content":"#### 151 Use of fish spikes and other implements\n\n151 Use of fish spikes and other implements\n\n> > (1) An endorsement holder must not, while on board a boat being used to take fish in the restricted fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch—\n> > \n> > > (a) a knife, fish spike or similar implement,\n> > \n> > > (b) a club or similar implement.\n> \n> > (2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained.\n> \n> > (3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.","sortOrder":179},{"sectionNumber":"152","sectionType":"section","heading":"Waters closed to ocean trawling","content":"#### 152 Waters closed to ocean trawling\n\n152 Waters closed to ocean trawling\n\n> For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers by use of an otter trawl net (fish) or a danish seine trawl net (fish) is prohibited.\n> \n> Table\n> \n> | Waters | Description |\n> | Magic Point (Maroubra) | The whole of the waters extending 200 metres in all directions around a point centred on a coordinate at 151°15.864′E, 33°57.359′S, excluding the waters within 50 metres of the mainland shore. |\n> | Port Kembla (Red Point to Windang Island) | The whole of the waters west of a line drawn from the easternmost extremity of Red Point south to the easternmost extremity of Windang Island. |\n> | Twofold Bay | The whole of the waters of Twofold Bay together with its bays and inlets west of a line drawn from Worang Point (North Head) southerly to Red Point (South Head). |\n> | Merimbula Bay | The whole of the waters of Merimbula Bay together with its bays and inlets west of a line drawn from the eastern extremity of Long Point southerly to the easternmost extremity of Haycock Point. |","sortOrder":180},{"sectionNumber":"153","sectionType":"section","heading":"Bag limits for certain species","content":"#### 153 Bag limits for certain species\n\n153 Bag limits for certain species\n\n> > (1) For the purposes of sections 17 (1) and 17B (1) (a) of the Act, the Table to this clause specifies the daily limit and possession limit that apply to endorsement holders in respect of a particular species of fish when taken from the restricted fishery.\n> \n> > (2) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this clause if the person charged satisfies the court that the fish were lawfully taken from outside the restricted fishery.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Species | Daily limit and possession limit |\n> | Blue Swimmer Crab (Portunus armatus) | 25 kg |\n> | Mud Crab, Black Crab, Mangrove Crab (Scylla serrata) | 0 |\n> | Spanner Crab (Ranina ranina) | 0 |\n> | Longfin Eel (Anguilla reinhardtii) | 0 |\n> | Southern Shortfin Eel (Anguilla australis) | 0 |\n> | Eastern Sea Garfish (Hyporhamphus australis) | 0 |\n> | Wobbegong (Orectolobus spp.) | 6 comprised of any single species or a combination of species |\n> \n> **cl 153:** Am 2023 (13), Sch 5\\[4\\].","sortOrder":181},{"sectionNumber":"154","sectionType":"section","heading":"Definitions","content":"#### 154 Definitions\n\n154 Definitions\n\n> In this Division—\n> \n> endorsement means an endorsement on a commercial fishing licence authorising the holder of the licence to take fish for sale in the restricted fishery.\n> \n> endorsement holder means the holder of a commercial fishing licence that has an endorsement.\n> \n> entitlement holder means a person who is eligible for an endorsement in the restricted fishery, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.\n> \n> inland fishery means the fishery described in clause 155.\n> \n> nominated fisher of a fishing business owner means a person nominated in accordance with Division 4 to take fish in the restricted fishery.\n> \n> restricted fishery means the inland restricted fishery.","sortOrder":183},{"sectionNumber":"155","sectionType":"section","heading":"Inland fishery is a restricted fishery","content":"#### 155 Inland fishery is a restricted fishery\n\n155 Inland fishery is a restricted fishery\n\n> > (1) For the purposes of section 111 of the Act, the inland fishery is declared to be a restricted fishery.\n> \n> > (2) The inland fishery comprises the following—\n> > \n> > > (a) the taking of yabbies for sale from inland waters,\n> > \n> > > (b) the taking of carp for sale from inland waters.\n> \n> Note.\n> \n> Inland waters are subject to prohibitions on commercial fishing under clause 18.","sortOrder":184},{"sectionNumber":"156","sectionType":"section","heading":"Types of endorsement in restricted fishery","content":"#### 156 Types of endorsement in restricted fishery\n\n156 Types of endorsement in restricted fishery\n\n> The following classes of endorsement are available in the restricted fishery—\n> \n> > (a) Class A: Yabby and carp endorsement (transferable) that authorises the holder to take yabbies and carp for sale from inland waters and is transferable in accordance with the fishing business transfer rules.\n> \n> > (b) Class B: Carp endorsement (transferable) that authorises the holder to take carp for sale from inland waters and is transferable in accordance with the fishing business transfer rules.\n> \n> > (c) Class D: Carp endorsement (non-transferable) that authorises the holder to take carp for sale from inland waters as specified in the endorsement and is not transferable.","sortOrder":185},{"sectionNumber":"157","sectionType":"section","heading":"Eligibility for endorsement","content":"#### 157 Eligibility for endorsement\n\n157 Eligibility for endorsement\n\n> > (1) A person is eligible for a class A endorsement if the Minister is satisfied that, immediately before 1 September 2019, the person held a commercial fishing licence that authorised the person to take fish for sale from inland waters and the licence was unrestricted.\n> \n> > (2) If a fishing business owner transfers a class A endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—\n> > \n> > > (a) the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and\n> > \n> > > (b) the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.\n> \n> > (3) A person is eligible for a class B endorsement if the Minister is satisfied that the person is eligible for assistance under the scheme known as the Carp Production Incentive Scheme, conducted by the Department, or is a member of a group that is eligible for assistance under that scheme.\n> \n> > (4) If a fishing business owner transfers a class B endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—\n> > \n> > > (a) the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and\n> > \n> > > (b) the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.\n> \n> > (5) A person is eligible for a class D endorsement if the Minister is satisfied that, immediately before 1 September 2019, the person held a commercial fishing licence or permit that authorised the person to take carp for sale from inland waters.\n> \n> > (6) A person is not eligible for an endorsement under this clause if the person enters into an agreement (whether before or after 1 September 2019) to surrender the person’s commercial fishing licence to the Secretary.\n> \n> > (7) A person is not eligible for an endorsement if the person’s endorsement has been cancelled under this Division.\n> \n> > (8) In this clause, unrestricted, in relation to a commercial fishing licence, means that the conditions of the licence do not prevent the person from taking any particular species of fish or require the person to take fish only while under supervision.","sortOrder":186},{"sectionNumber":"158","sectionType":"section","heading":"Ballot or tender for issue of further endorsements","content":"#### 158 Ballot or tender for issue of further endorsements\n\n158 Ballot or tender for issue of further endorsements\n\n> > (1) The Minister may, at any time after considering the status of stock levels in the restricted fishery—\n> > \n> > > (a) conduct a ballot for the issue of further class A or class B endorsements in the restricted fishery (or both), or\n> > \n> > > (b) call for public tenders for the issue of further class A or class B endorsements in the restricted fishery (or both).\n> \n> > (2) Notice of the ballot or public tender is to be published in the Gazette.\n> \n> > (3) The conditions of the ballot or public tender are to be determined by the Minister and published in the Gazette notice.\n> \n> > (4) A person is eligible for an endorsement in the restricted fishery if the person is successful in such a ballot or is a successful tenderer.","sortOrder":187},{"sectionNumber":"159","sectionType":"section","heading":"Class D endorsement—special grounds for eligibility","content":"#### 159 Class D endorsement—special grounds for eligibility\n\n159 Class D endorsement—special grounds for eligibility\n\n> A person is eligible for a class D endorsement if—\n> \n> > (a) the person is a natural person, and\n> \n> > (b) the person prepares and submits a business strategy that sets out the carp fishing operations proposed to be undertaken by the person, and\n> \n> > (c) the Secretary is satisfied that—\n> > \n> > > (i) the person has experience with commercial fishing equipment, and\n> > \n> > > (ii) the person is able to take carp in commercial quantities, and\n> > \n> > > (iii) the person has an adequate strategy to minimise the accidental taking of species of fish other than carp, and\n> > \n> > > (iv) the carp fishing operations proposed to be undertaken by the person are commercially viable and environmentally sustainable, and\n> > \n> > > (v) the person satisfies the requirements of any licensing guidelines issued by the Secretary from time to time.","sortOrder":188},{"sectionNumber":"160","sectionType":"section","heading":"General restrictions on eligibility","content":"#### 160 General restrictions on eligibility\n\n160 General restrictions on eligibility\n\n> Despite anything to the contrary in this Division, a person is not eligible for, and may not hold, more than 1 endorsement of the same class in the restricted fishery if the endorsements are components of the same fishing business.\n> \n> **cl 160:** Subst 2023 (13), Sch 5\\[16\\].","sortOrder":189},{"sectionNumber":"161","sectionType":"section","heading":"Endorsements","content":"#### 161 Endorsements\n\n161 Endorsements\n\n> > (1) The Minister may endorse the commercial fishing licence of a person only if—\n> > \n> > > (a) the person satisfies the eligibility requirements for an endorsement, and\n> > \n> > > (b) any fee or contribution due and payable in connection with the endorsement has been paid.\n> \n> > (2) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if the person, or the entitlement holder who nominated the person—\n> > \n> > > (a) has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or\n> > \n> > > (b) has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (c) has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> > \n> > > (d) has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence.\n> \n> > (3) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if the person has previously held an endorsement that has been suspended or cancelled by the Minister.","sortOrder":190},{"sectionNumber":"162","sectionType":"section","heading":"Duration of endorsement","content":"#### 162 Duration of endorsement\n\n162 Duration of endorsement\n\n> An endorsement takes effect from the date on which it is given and—\n> \n> > (a) remains in force (except while suspended or after being cancelled) for the period specified in the endorsement, and\n> \n> > (b) may be renewed by the grant of an endorsement for a further period.","sortOrder":191},{"sectionNumber":"163","sectionType":"section","heading":"Cancellation and suspension of endorsements","content":"#### 163 Cancellation and suspension of endorsements\n\n163 Cancellation and suspension of endorsements\n\n> > (1) The Minister may cancel or suspend an endorsement held by a person if the endorsement holder, or the entitlement holder who nominated the endorsement holder—\n> > \n> > > (a) has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or\n> > \n> > > (b) has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (c) has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or\n> > \n> > > (d) has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or\n> > \n> > > (e) has not paid any fee or contribution due and payable in connection with the endorsement, or\n> > \n> > > (f) in the case of a class B endorsement—has, in the opinion of the Minister—\n> > > \n> > > > (i) failed to comply with any agreement relating to the taking of carp that the holder made with the Secretary or with the Department, or\n> > > \n> > > > (ii) not attempted to take carp for a period of 12 months, or\n> > \n> > > (g) in the case of a class D endorsement—has, in the opinion of the Minister, not attempted to take carp for a period of 12 months.\n> \n> > (2) The Minister may cancel or suspend an endorsement if the endorsement holder ceases to be eligible for an endorsement.","sortOrder":192},{"sectionNumber":"164","sectionType":"section","heading":"Transfer fee","content":"#### 164 Transfer fee\n\n164 Transfer fee\n\n> > (1) The fee payable for an approval of a transfer of an endorsement is the amount specified in Schedule 6.\n> \n> > (2) The fee is to be paid before the transfer is approved.","sortOrder":193},{"sectionNumber":"165","sectionType":"section","heading":"Endorsement holders must not take or possess native finfish","content":"#### 165 Endorsement holders must not take or possess native finfish\n\n165 Endorsement holders must not take or possess native finfish\n\n> For the purpose of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that has an endorsement that the licence holder does not—\n> \n> > (a) take native finfish for sale, or\n> \n> > (b) have native finfish in the licence holder’s possession for sale.\n> \n> Note.\n> \n> Contravention of a condition of a commercial fishing licence is an offence under section 104 (7) of the Act and attracts a maximum penalty of 100 penalty units. Contravention of a licence condition is also grounds for cancellation or suspension of an endorsement.\n> \n> Section 105 of the Act provides that the fact that a person holds a commercial fishing licence is evidence that fish taken by the person or in the person’s possession were fish taken or in possession for sale.","sortOrder":194},{"sectionNumber":"166","sectionType":"section","heading":"Definitions","content":"#### 166 Definitions\n\n166 Definitions\n\n> In this Division—\n> \n> fishing business owner means the owner of a fishing business the components of which include an endorsement in a restricted fishery.\n> \n> nominated fisher means a person who has been duly nominated by a fishing business owner to take fish in a restricted fishery on behalf of the fishing business owner, under this Division.","sortOrder":196},{"sectionNumber":"167","sectionType":"section","heading":"Nomination of fishers to take fish in restricted fisheries","content":"#### 167 Nomination of fishers to take fish in restricted fisheries\n\n167 Nomination of fishers to take fish in restricted fisheries\n\n> > (1) A fishing business owner may nominate another person to take fish on behalf of the fishing business owner in a restricted fishery under an endorsement.\n> \n> > (2) A nominated fisher is eligible for an endorsement in a restricted fishery of the same kind as the endorsement for which the fishing business owner is eligible, or would be eligible (were it not for a nomination), during the period in which the nomination has effect.\n> \n> > (3) A fishing business owner who nominates another person to take fish on behalf of the fishing business owner under an endorsement ceases to eligible for that endorsement, during the period in which the nomination has effect.\n> \n> > (4) Despite the nomination, an endorsement remains a component of the fishing business in respect of which the nomination is made, and may be transferred by the fishing business owner in accordance with the fishing business transfer rules.","sortOrder":197},{"sectionNumber":"168","sectionType":"section","heading":"Procedure for nomination of fisher","content":"#### 168 Procedure for nomination of fisher\n\n168 Procedure for nomination of fisher\n\n> > (1) The nomination of a person to take fish on behalf of a fishing business owner in a restricted fishery does not take effect until—\n> > \n> > > (a) the nomination is given to the Secretary in the form and manner approved by the Secretary, and\n> > \n> > > (b) if the fishing business owner has been issued with a fishing business card in respect of the fishing business to which the nomination applies, possession of the fishing business card is given to the nominated fisher.\n> \n> > (2) A nomination has effect for a minimum period of 12 hours, or a lesser period approved by the Secretary.\n> \n> > (3) If a nomination is revoked before the end of the period of 12 hours (or the lesser period approved by the Secretary), a further nomination cannot be made until the end of the relevant period.\n> \n> **cl 168:** Am 2023 (13), Sch 5\\[17\\].","sortOrder":198},{"sectionNumber":"169","sectionType":"section","heading":"One nominated fisher per fishing business","content":"#### 169 One nominated fisher per fishing business\n\n169 One nominated fisher per fishing business\n\n> > (1) A person nominated to take fish on behalf of a fishing business owner must be nominated in respect of all endorsements in a restricted fishery that are a component of that fishing business and all shares that are a component of that fishing business.\n> \n> > (2) A fishing business owner may nominate 1 (and not more than 1) person to take fish on behalf of the fishing business owner for each fishing business owned by that owner.\n> \n> > (3) A nomination applies in respect of the fishing business indicated by the fishing business owner and operates to authorise a person to take fish only in respect of those endorsements (and shares) that are components of the relevant business.\n> \n> > (4) A separate nomination must be made in respect of each separate fishing business.\n> \n> > (5) If a person owns more than 1 fishing business the components of which include endorsements in a restricted fishery, either the same or a different person may be nominated in respect of each separate fishing business, subject to this clause.","sortOrder":199},{"sectionNumber":"170","sectionType":"section","heading":"Revocation of nomination of commercial fisher","content":"#### 170 Revocation of nomination of commercial fisher\n\n170 Revocation of nomination of commercial fisher\n\n> > (1) A fishing business owner’s nomination of a person to take fish on behalf of the fishing business owner may be revoked—\n> > \n> > > (a) by the fishing business owner, or\n> > \n> > > (b) by the Secretary, if revocation by the Secretary is authorised by this clause.\n> \n> > (2) A revocation of a nomination by a fishing business owner is to be made in a form and manner approved by the Secretary.\n> \n> > (3) The fishing business owner must inform the nominated fisher of the revocation of the nomination.\n> \n> > (4) The Secretary is authorised to revoke a fishing business owner’s nomination of a person to take fish on behalf of the fishing business owner (without the consent of the fishing business owner) if—\n> > \n> > > (a) the nominated fisher requests the revocation, in a form and manner approved by the Secretary, or\n> > \n> > > (b) the nominated fisher ceases to be the holder of a current commercial fishing licence, or\n> > \n> > > (c) there are grounds for suspending or cancelling the commercial fishing licence of the nominated fisher, or an endorsement on that commercial fishing licence (whether or not the licence or endorsement is in fact suspended or cancelled), or\n> > \n> > > (d) the fishing business owner transfers the fishing business or any component of the fishing business to another person.\n> \n> > (5) The Secretary revokes a nomination by giving the fishing business owner notice in writing of the revocation.\n> \n> > (6) The Secretary must, by notice in writing, inform the person whose nomination has been revoked of that revocation.\n> \n> > (7) A nomination of a fisher ceases to have effect when revoked under this clause.\n> \n> **cl 170:** Am 2022 (688), Sch 3\\[2\\].","sortOrder":200},{"sectionNumber":"171","sectionType":"section","heading":"Cancellation of endorsement with consent of licence holder","content":"#### 171 Cancellation of endorsement with consent of licence holder\n\n171 Cancellation of endorsement with consent of licence holder\n\n> The Minister may, with the consent of the holder of a commercial fishing licence, cancel any endorsement on that licence that authorises the holder to take fish for sale in a restricted fishery.","sortOrder":202},{"sectionNumber":"172","sectionType":"section","heading":"Endorsements do not authorise unlawful use of fishing gear","content":"#### 172 Endorsements do not authorise unlawful use of fishing gear\n\n172 Endorsements do not authorise unlawful use of fishing gear\n\n> An endorsement on a commercial fishing licence that authorises the holder of the licence to take fish for sale, or to assist in taking fish for sale, in a restricted fishery using a net, trap or other fishing gear is subject to Part 3. That is, the endorsement does not authorise the use of a net, trap or other fishing gear contrary to that Part.","sortOrder":203},{"sectionNumber":"173","sectionType":"section","heading":"Maximum contribution by participants in restricted fisheries","content":"#### 173 Maximum contribution by participants in restricted fisheries\n\n173 Maximum contribution by participants in restricted fisheries\n\n> > (1) For the purposes of section 115A (4A) of the Act, the maximum amount of contribution that the Minister may determine is payable by a participant in a restricted fishery under that section is as follows—\n> > \n> > > (a) in the case of an owner of a fishing business a component of which is an endorsement authorising the taking of fish for sale in the sea urchin and turban shell restricted fishery or southern fish trawl restricted fishery—$1,184,\n> > \n> > > (b) in the case of an owner of a fishing business a component of which is a class A endorsement authorising the taking of fish for sale in the inland restricted fishery—$1,184,\n> > \n> > > (c) in the case of an owner of a fishing business a component of which is a class B or class D endorsement authorising the taking of fish for sale in the inland restricted fishery—$401.\n> \n> > (2) To avoid doubt, the maximum contribution is the total of the maximum amounts payable for each endorsement that is a component of a fishing business.\n> \n> **cl 173:** Am 2023 (13), Sch 5\\[18\\] \\[19\\].","sortOrder":204},{"sectionNumber":"Part 10","sectionType":"part","heading":"Fishing business transfer rules","content":"# Part 10 Fishing business transfer rules\n\nPart 10 Fishing business transfer rules","sortOrder":205},{"sectionNumber":"174","sectionType":"section","heading":"Transfer of sea urchin and turban shell endorsements","content":"#### 174 Transfer of sea urchin and turban shell endorsements\n\n174 Transfer of sea urchin and turban shell endorsements\n\n> > (1) For the purposes of section 114 of the Act, the transfer of a sea urchin endorsement or turban shell endorsement, in accordance with this clause, is authorised.\n> \n> > (2) A sea urchin endorsement or turban shell endorsement that is a component of a fishing business may be transferred by the owner of the fishing business to another person only if—\n> > \n> > > (a) all components of the fishing business are transferred to that person, or\n> > \n> > > (b) the transfer is part of an arrangement for the endorsement concerned to be surrendered to the Minister for cancellation.\n> \n> > (3) A sea urchin endorsement that is a component of a sea urchin fishing business may be transferred by the fishing business owner to another person only if all unused red sea urchin quota attached to the fishing business is transferred to the owner of another sea urchin fishing business.\n> > \n> > Note.\n> > \n> > If the transferor owns another sea urchin fishing business, the quota may be transferred to that other fishing business.\n> \n> > (4) Subclause (3) does not authorise a transfer of quota otherwise than in accordance with Division 1 of Part 9.\n> \n> > (5) In this clause—\n> > \n> > > (a) red sea urchin quota is attached to a fishing business if it has been allocated to or acquired by the owner of that fishing business as the owner of that fishing business, and\n> > \n> > > (b) sea urchin fishing business means a fishing business a component of which is a sea urchin endorsement.\n> \n> Note.\n> \n> Clause 129 provides that if the transfer of an endorsement is in accordance with this Part, the person who transfers the endorsement ceases to be eligible for that endorsement, and the person to whom the transfer is made becomes eligible for an endorsement of the same kind.","sortOrder":207},{"sectionNumber":"175","sectionType":"section","heading":"Transfer of southern fish trawl endorsements","content":"#### 175 Transfer of southern fish trawl endorsements\n\n175 Transfer of southern fish trawl endorsements\n\n> > (1) For the purposes of section 114 of the Act, the transfer of a southern fish trawl endorsement, in accordance with this clause, is authorised.\n> \n> > (2) A southern fish trawl endorsement that is a component of a fishing business may be transferred by the owner of the fishing business to another person (the transferee) only if—\n> > \n> > > (a) all components of the fishing business are transferred to the transferee, or\n> > \n> > > (b) all shares (if any) in the ocean trawl fishery that are components of the fishing business are transferred to the transferee and that transferee is, immediately before the transfer, an owner of a fishing business the components of which include a share in a relevant share management fishery, or\n> > \n> > > (c) the transferee is, immediately before the transfer, a shareholder in the ocean trawl fishery, or\n> > \n> > > (d) the transfer is part of an arrangement for the endorsement concerned to be surrendered to the Minister for cancellation.\n> \n> > (3) In this clause, relevant share management fishery means the following—\n> > \n> > > (a) the estuary general fishery,\n> > \n> > > (b) the estuary prawn trawl fishery,\n> > \n> > > (c) the ocean hauling fishery,\n> > \n> > > (d) the ocean trap and line fishery,\n> > \n> > > (e) the ocean trawl fishery.\n> \n> Note.\n> \n> Clause 146 provides that if the transfer of an endorsement is in accordance with this Part, the person who transfers the endorsement ceases to be eligible for that endorsement, and the person to whom the transfer is made becomes eligible for an endorsement of the same kind.","sortOrder":208},{"sectionNumber":"176","sectionType":"section","heading":"Transfer of class A or class B inland endorsements","content":"#### 176 Transfer of class A or class B inland endorsements\n\n176 Transfer of class A or class B inland endorsements\n\n> > (1) For the purposes of section 114 of the Act, the transfer of a class A inland endorsement, or a class B inland endorsement, in accordance with this clause, is authorised.\n> \n> > (2) A class A inland endorsement or a class B inland endorsement that is a component of a fishing business may be transferred by the owner of the fishing business to another person.\n> \n> > (3) In this clause—\n> > \n> > class A inland endorsement means a class A endorsement that authorises the taking of fish for sale in the inland restricted fishery.\n> > \n> > class B inland endorsement means a class B endorsement that authorises the taking of fish for sale in the inland restricted fishery.\n> \n> Note.\n> \n> Clause 157 provides that if the transfer of an endorsement is in accordance with this Part, the person who transfers the endorsement ceases to be eligible for that endorsement, and the person to whom the transfer is made becomes eligible for an endorsement of the same kind.\n> \n> **cl 176:** Am 2023 (13), Sch 5\\[20\\].","sortOrder":209},{"sectionNumber":"177","sectionType":"section","heading":"Effect of contravention","content":"#### 177 Effect of contravention\n\n177 Effect of contravention\n\n> > (1) If an endorsement that is a component of a fishing business is transferred in contravention of this Division, the Minister may take 1 or more of the following actions—\n> > \n> > > (a) cancel or refuse to renew any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer,\n> > \n> > > (b) refuse to transfer, or to approve the transfer of, a NSW fishing authority that is a component of the fishing business, or refuse to issue a new NSW fishing authority to the other party to the transfer,\n> > \n> > > (c) refuse to issue a new NSW fishing authority to a person who has previously held a NSW fishing authority that has been cancelled by the Minister under this clause,\n> > \n> > > (d) impose (in accordance with the Act) conditions on any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer (or both), so as to restrict the fishing activities of the fishing business, or exercise any other powers conferred on the Minister by the Act so as to restrict the fishing activities of either or both fishing businesses.\n> \n> > (2) The Secretary may refuse an application to revoke or amend a fishing business determination of a fishing business if satisfied that an endorsement that is a component of that fishing business has been transferred in contravention of this Division.","sortOrder":210},{"sectionNumber":"178","sectionType":"section","heading":"Application of Division","content":"#### 178 Application of Division\n\n178 Application of Division\n\n> > (1) For the purposes of section 34T of the Act, the owner of a fishing business may transfer shares that are a component of the fishing business only in accordance with this Division.\n> \n> > (2) If the transfer of shares also involves a transfer of an endorsement in a restricted fishery, Division 1 must also be complied with.\n> \n> > (3) Unless otherwise provided, this Division extends to the transfer of quota shares.\n> \n> > (4) In this Division—\n> > \n> > quota share means a quota share created and issued to a shareholder in a fishery under the management plan for the fishery (pursuant to section 71A of the Act).\n> > \n> > relevant share management fishery means the following—\n> > \n> > > (a) the estuary general fishery,\n> > \n> > > (b) the estuary prawn trawl fishery,\n> > \n> > > (c) the ocean hauling fishery,\n> > \n> > > (d) the ocean trap and line fishery,\n> > \n> > > (e) the ocean trawl fishery.","sortOrder":212},{"sectionNumber":"179","sectionType":"section","heading":"Transfer to owners in the same fishery","content":"#### 179 Transfer to owners in the same fishery\n\n179 Transfer to owners in the same fishery\n\n> > (1) This clause applies in respect of the transfer of shares in a relevant share management fishery only.\n> \n> > (2) A share that is a component of a fishing business may be transferred by the owner of the fishing business (the transferor) to another person (the transferee) if the transferee is, immediately before the transfer, an owner of a fishing business the components of which include a share or shares in the same fishery as the share being transferred.\n> \n> > (3) If the share being transferred is an ocean share, the share may be transferred to the transferee only if—\n> > \n> > > (a) the transferee holds a share or shares of that class immediately before the transfer, or\n> > \n> > > (b) all shares of that class held by the transferor, that are a component of the transferor’s fishing business, are transferred to the transferee.\n> \n> > (4) If the share being transferred is an ocean share in the ocean trawl fishery, the share may also be transferred if the transferee is, immediately before the transfer, the owner of a fishing business the components of which include a southern fish trawl endorsement and all ocean shares of the class proposed to be transferred, that are a component of the transferor’s fishing business, are transferred to the transferee.\n> \n> > (5) In this clause, ocean share means a share (other than a quota share) in the ocean hauling fishery or the ocean trawl fishery or an ocean trap and line—spanner crab northern zone share.","sortOrder":213},{"sectionNumber":"180","sectionType":"section","heading":"Transfer to owners in other fisheries","content":"#### 180 Transfer to owners in other fisheries\n\n180 Transfer to owners in other fisheries\n\n> > (1) This clause applies in respect of the transfer of shares in a relevant share management fishery only.\n> \n> > (2) A share (other than a quota share) in a fishery that is a component of a fishing business may be transferred by the owner of the fishing business (the transferor) to another person if the person is, immediately before the transfer, an owner of a fishing business the components of which include a share in another relevant share management fishery and all shares (other than quota shares) held in the fishery, that are a component of the transferor’s fishing business, are transferred to that person.\n> \n> > (3) If the share (not being a quota share) being transferred is a share in the ocean trawl fishery, any southern fish trawl endorsement that is a component of the same fishing business must also be transferred to the person.\n> \n> > (4) A quota share in a fishery that is a component of a fishing business may be transferred by the owner of the fishing business to another person if the person is, immediately before the transfer, an owner of a fishing business the components of which include a share in a relevant share management fishery or a southern fish trawl endorsement.","sortOrder":214},{"sectionNumber":"181","sectionType":"section","heading":"Other transfers","content":"#### 181 Other transfers\n\n181 Other transfers\n\n> > (1) This clause applies in respect of the transfer of shares in a relevant share management fishery only.\n> \n> > (2) A share that is a component of a fishing business may be transferred by the owner of the fishing business to any person (whether or not the owner of a fishing business) if—\n> > \n> > > (a) all components of the fishing business are transferred to that person, or\n> > \n> > > (b) the transfer is part of an arrangement for the shares concerned to be surrendered to the Minister for cancellation.","sortOrder":215},{"sectionNumber":"182","sectionType":"section","heading":"Transfer of quota and shares","content":"#### 182 Transfer of quota and shares\n\n182 Transfer of quota and shares\n\n> > (1) This clause applies in respect of the transfer of shares in all share management fisheries if the shares are a component of a fishing business to which quota is attached.\n> \n> > (2) Quota is attached to a fishing business if it has been allocated to or acquired by a person as a holder of shares and the shares are a component of the fishing business.\n> \n> > (3) A share that is a component of a fishing business to which quota of a particular type is attached may be transferred by the owner of the fishing business (the transferor) to another person (the transferee) in accordance with this Division only if—\n> > \n> > > (a) after the share transfer, the fishing business retains as a component 1 or more shares in the fishery that entitle the holder of those shares to be allocated or acquire that type of quota, or\n> > \n> > > (b) all unused quota of that type that is attached to the transferor’s fishing business is transferred to another person (whether or not the transferee).\n> > > \n> > > Note.\n> > > \n> > > If the transferor owns another fishing business, the unused quota may be transferred so that it is attached to that other fishing business.\n> \n> > (4) Subclause (3) does not authorise a transfer of quota otherwise than in accordance with Part 2A of the Supporting Plan.","sortOrder":216},{"sectionNumber":"183","sectionType":"section","heading":"Effect of contravention","content":"#### 183 Effect of contravention\n\n183 Effect of contravention\n\n> > (1) This clause applies in respect of the transfer of shares in all share management fisheries.\n> \n> > (2) If a share that is a component of a fishing business is transferred in contravention of this Division, the Minister may take 1 or more of the following actions—\n> > \n> > > (a) cancel or refuse to renew any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer,\n> > \n> > > (b) refuse to transfer, or to approve the transfer of, a NSW fishing authority that is a component of the fishing business, or refuse to issue a new NSW fishing authority to the other party to the transfer,\n> > \n> > > (c) impose (in accordance with the Act) conditions on any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer (or both), so as to restrict the fishing activities of the fishing business, or exercise any other powers conferred on the Minister by the Act so as to restrict the fishing activities of either or both fishing businesses.\n> \n> > (3) The Secretary may refuse an application to revoke or amend a fishing business determination of a fishing business if satisfied that a share that is a component of that fishing business has been transferred in contravention of this Division.","sortOrder":217},{"sectionNumber":"184","sectionType":"section","heading":"Approval of transfers by Secretary","content":"#### 184 Approval of transfers by Secretary\n\n184 Approval of transfers by Secretary\n\n> > (1) This clause applies in respect of transfers of endorsements and shares in all restricted fisheries and share management fisheries.\n> \n> > (2) In addition to the other requirements relating to the transfer of components of fishing businesses under this Part, an endorsement or share that is a component of a fishing business referred to in this Part may be transferred only with the approval of the Secretary.\n> \n> > (3) The Secretary may refuse to approve a transfer of an endorsement or share that is a component of a fishing business if—\n> > \n> > > (a) the transaction would contravene the Act or the regulations, or\n> > \n> > > (b) the person to whom the endorsement or share is to be transferred is a person who—\n> > > \n> > > > (i) is prohibited from holding the endorsement or share, or\n> > > \n> > > > (ii) is a natural person who may not be nominated to take fish on behalf of the fishing business, or\n> > > \n> > > > (iii) could be refused an endorsement, or\n> > \n> > > (c) the Secretary is satisfied that the purpose of the transaction is to avoid share forfeiture, or\n> > \n> > > (d) any fee, contribution or other amount owing under the Act or the regulations in respect of the endorsement, share or fishing business, or in respect of the fishing business to which the endorsement or share is to be transferred, has not been paid, or\n> > \n> > > (e) any mortgage that applies to the share has not been discharged or cancelled, or\n> > \n> > > (f) there is a nominated fisher in respect of the fishing business and the nomination has not been revoked by the owner of the fishing business transferring the endorsement or share.\n> \n> > (4) An application for the Secretary’s approval under this clause—\n> > \n> > > (a) is to be made jointly by the owner of the fishing business transferring the endorsement or share (as the case may be) and the person to whom the endorsement or share is to be transferred, and\n> > \n> > > (b) is to be in a form approved by the Secretary.\n> \n> > (5) If the transfer relates to shares, the approved form of application under this clause may include or be comprised of the approved form of application for registration of the transaction under section 91B of the Act, so as to enable the applications for approval and registration to be dealt with together.\n> > \n> > Note.\n> > \n> > A transaction that has the effect of transferring, assigning or transmitting a share is to be registered in the Share Register, and a fee in respect of the application for registration is payable under Part 7.\n> \n> > (6) If the transfer relates to an endorsement, and no fee is charged in respect of the registration of the transaction, the Secretary may charge a fee in respect of the application for approval, being the amount specified in Schedule 6.\n> \n> > (7) An owner of a fishing business who proposes to transfer an endorsement or share may request that the Minister review a determination of the Secretary under this clause in relation to the transfer within 30 days after notice of the determination is given to the owner of the fishing business.\n> \n> > (8) The Secretary is to give effect to any determination made by the Minister in respect of that review.","sortOrder":219},{"sectionNumber":"185","sectionType":"section","heading":"Transferee owns more than one fishing business","content":"#### 185 Transferee owns more than one fishing business\n\n185 Transferee owns more than one fishing business\n\n> > (1) If a transfer of an endorsement or share is permitted if the person to whom the transfer is made (the transferee) is the owner of a fishing business (or a particular kind of fishing business), and the transferee is the owner of more than 1 fishing business, the transferee must nominate 1 fishing business against which compliance with the fishing business transfer rules, in respect of that transfer, is to be assessed.\n> \n> > (2) If the transfer is approved by the Secretary, the fishing business determination in respect of the nominated fishing business is to be amended so that the transferred endorsement or share becomes a component of the nominated fishing business.","sortOrder":220},{"sectionNumber":"186","sectionType":"section","heading":"Application of rules","content":"#### 186 Application of rules\n\n186 Application of rules\n\n> > (1) The fishing business transfer rules apply to the following transfers in the same way as they apply to a transfer made or proposed to be made by the owner of a fishing business—\n> > \n> > > (a) a transfer of a fishing business, or a component of a fishing business, that is made or proposed to be made by a mortgagee, receiver, liquidator or trustee in bankruptcy in the exercise of a power of sale,\n> > \n> > > (b) a transfer of a fishing business, or a component of a fishing business, that is made or proposed to be made by a person in the person’s capacity as the legal personal representative of a deceased person.\n> \n> > (2) For that purpose, a reference in this Part to the owner of a fishing business includes a reference to any such mortgagee, receiver, liquidator, trustee in bankruptcy or legal personal representative.","sortOrder":221},{"sectionNumber":"Part 11","sectionType":"part","heading":"Administration of commercial fishing businesses","content":"# Part 11 Administration of commercial fishing businesses\n\nPart 11 Administration of commercial fishing businesses","sortOrder":222},{"sectionNumber":"187","sectionType":"section","heading":"Registration not required in certain cases","content":"#### 187 Registration not required in certain cases\n\n187 Registration not required in certain cases\n\n> For the purposes of section 117 (2) (e) of the Act, a person is not required to be registered—\n> \n> > (a) in respect of fish received from a registered fish receiver, or\n> \n> > (b) in respect of fish taken in the inland restricted fishery by the holder of an endorsement for that fishery, or\n> \n> > (c) in respect of oysters received for resale or other commercial use.","sortOrder":224},{"sectionNumber":"188","sectionType":"section","heading":"Classes of registered fish receiver","content":"#### 188 Classes of registered fish receiver\n\n188 Classes of registered fish receiver\n\n> For the purposes of section 118 (4) of the Act, the following classes of registered fish receiver are prescribed—\n> \n> > (a) Class A registered fish receivers—being registered fish receivers who are commercial fishers and whose registration as a fish receiver is subject to a condition that the receiver must not receive fish for resale or other commercial use from any other commercial fisher,\n> \n> > (b) Class B registered fish receivers—being all other registered fish receivers.","sortOrder":225},{"sectionNumber":"189","sectionType":"section","heading":"Applications for registration as fish receiver","content":"#### 189 Applications for registration as fish receiver\n\n189 Applications for registration as fish receiver\n\n> > (1) An application for registration as a fish receiver under Division 4 of Part 4 of the Act must identify each of the premises at which the fish receiver proposes to receive fish.\n> \n> > (2) For the purpose of section 118 (2) of the Act, the fee in respect of an application for registration as a Class A or Class B registered fish receiver is the amount specified in Schedule 6 for that class.","sortOrder":226},{"sectionNumber":"190","sectionType":"section","heading":"Grounds for refusing application for registration","content":"#### 190 Grounds for refusing application for registration\n\n190 Grounds for refusing application for registration\n\n> For the purposes of section 118 (3) of the Act, the Minister is authorised to refuse an application for registration as a fish receiver if—\n> \n> > (a) the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or\n> \n> > (b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat, or\n> \n> > (c) the applicant has not paid any fee due and payable in connection with registration as a fish receiver or the application is not otherwise made in accordance with clause 189, or\n> \n> > (d) the Minister is not satisfied that the applicant has any necessary development consent required by the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to receive fish for resale or other commercial use on the applicant’s premises, or\n> \n> > (e) the Minister is not satisfied that the applicant has the capacity to meet the requirements of the [Food Act 2003](/view/html/inforce/current/act-2003-043) and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under that Act.","sortOrder":227},{"sectionNumber":"191","sectionType":"section","heading":"Registration limited to specified premises","content":"#### 191 Registration limited to specified premises\n\n191 Registration limited to specified premises\n\n> > (1) Each of the premises identified in the application for registration as a fish receiver is to be specified in the certificate of registration issued under section 118 (5) of the Act.\n> \n> > (2) For the purposes of section 117 of the Act, registration as a fish receiver has effect only in relation to the premises so specified.\n> \n> > (3) It is a condition of registration as a fish receiver that a fish receiver receives fish only at the premises so specified.","sortOrder":228},{"sectionNumber":"192","sectionType":"section","heading":"Renewal of registration","content":"#### 192 Renewal of registration\n\n192 Renewal of registration\n\n> > (1) A registered fish receiver may apply in writing to the Minister for renewal of the fish receiver’s registration.\n> \n> > (2) The Minister may refuse to renew the registration if—\n> > \n> > > (a) the Minister receives the application after the expiration of the period in which the fish receiver’s current certificate of registration remains in force, or\n> > \n> > > (b) the Minister is satisfied the fish receiver has contravened a condition of registration, or\n> > \n> > > (c) the fish receiver has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or\n> > \n> > > (d) the fish receiver has been convicted of an offence relating to the theft of fish, fishing gear or a boat, or\n> > \n> > > (e) the fish receiver has not paid any fee due and payable in connection with registration as a fish receiver, or\n> > \n> > > (f) the Minister is not satisfied that the fish receiver has any necessary development consent required by the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to receive fish for resale or other commercial use on the applicant’s premises, or\n> > \n> > > (g) the Minister is not satisfied that the fish receiver has the capacity to meet the requirements of the [Food Act 2003](/view/html/inforce/current/act-2003-043) and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under that Act.","sortOrder":229},{"sectionNumber":"193","sectionType":"section","heading":"Cancellation and suspension of registration","content":"#### 193 Cancellation and suspension of registration\n\n193 Cancellation and suspension of registration\n\n> The Minister may cancel or suspend the registration of a fish receiver if—\n> \n> > (a) the Minister is satisfied that the fish receiver has contravened a condition of registration, or\n> \n> > (b) the fish receiver has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or\n> \n> > (c) the fish receiver has been convicted of an offence relating to the theft of fish, fishing gear or a boat, or\n> \n> > (d) the Minister is satisfied that the fish receiver does not have any necessary development consent required by the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to receive fish for resale or other commercial use on the applicant’s premises, or\n> \n> > (e) the Minister is satisfied that the fish receiver does not have the capacity to meet the requirements of the [Food Act 2003](/view/html/inforce/current/act-2003-043) and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under that Act.","sortOrder":230},{"sectionNumber":"194","sectionType":"section","heading":"Fish consignments by registered fish receivers to be labelled","content":"#### 194 Fish consignments by registered fish receivers to be labelled\n\n194 Fish consignments by registered fish receivers to be labelled\n\n> For the purposes of section 118 (5) (a) of the Act, it is a condition of the registration of a fish receiver that the registered fish receiver must not receive fish in a container or consign fish in a container for sale unless the container is labelled in a manner approved by the Secretary.\n> \n> Note.\n> \n> See also clause 93 for specific requirements relating to abalone.","sortOrder":231},{"sectionNumber":"195","sectionType":"section","heading":"Fish receivers to supply information","content":"#### 195 Fish receivers to supply information\n\n195 Fish receivers to supply information\n\n> > (1) For the purposes of section 119 (2) of the Act, a registered fish receiver must keep records that include the following information—\n> > \n> > > (a) the standard name and weight of each species of fish received for resale or other commercial use by the receiver,\n> > \n> > > (b) the date of receipt,\n> > \n> > > (c) the full name and address of the person from whom the fish were received,\n> > \n> > > (d) if the fish were received from a commercial fisher—the fishing business number of the fishing business in relation to which the commercial fisher took the fish,\n> > \n> > > (e) the price paid by the receiver per kilogram, price per packet or price per unit of each species of fish received,\n> > \n> > > (f) the total purchase value of each species of fish received.\n> \n> > (2) A registered fish receiver must provide the following information to the Secretary in respect of each quarter, within 28 days after the end of each quarter (or such other reasonable period as the Secretary may specify by notice published in the Gazette)—\n> > \n> > > (a) the full name of the receiver or the receiver’s registration number (if applicable),\n> > \n> > > (b) the period and year to which the report relates,\n> > \n> > > (c) the standard name and weight of each species of fish received for resale or other commercial use by the receiver during the period to which the report relates and the name of the person from whom the fish was received,\n> > \n> > > (d) if the fish were received from a commercial fisher—the fishing business number of the fishing business in relation to which the commercial fisher took the fish,\n> > \n> > > (e) any other information that the Secretary requires from the receiver in relation to the quantity and species of fish that are held in stock by the receiver at the end of the relevant quarter.","sortOrder":232},{"sectionNumber":"196","sectionType":"section","heading":"Definitions","content":"#### 196 Definitions\n\n196 Definitions\n\n> In this Division—\n> \n> prescribed activity record means a record that includes any of the following information—\n> \n> > (a) particulars of all fishing activities engaged in by a commercial fisher or nominated fisher (including those where no fish were taken),\n> \n> > (b) particulars of all fish taken during those fishing activities,\n> \n> > (c) particulars of all fish disposed of during or after those fishing activities,\n> \n> > (d) particulars of the location in which all fish taken during those fishing activities were carried out,\n> \n> > (e) particulars of the endorsement on a commercial fishing licence that authorised those fishing activities,\n> \n> > (f) particulars of the fishing gear used in connection with those fishing activities, including any fishing gear lost or found during those activities,\n> \n> > (g) particulars of the boats used in connection with those fishing activities,\n> \n> > (h) particulars of all individuals who engaged in or assisted with those fishing activities,\n> \n> > (i) the fishing business number of the fishing business in relation to which those fishing activities were undertaken,\n> \n> > (j) particulars of all sightings of or any other interaction with any threatened species or protected species,\n> \n> > (k) any period in which the commercial fisher or nominated fisher did not engage in fishing activities that the fisher is authorised to engage in by the fisher’s commercial fishing licence.\n> \n> standard name in relation to a fish species means the name of the species—\n> \n> > (a) as defined in the Australian Standard AS 5300—2019, Australian Fish Names Standard published on 24 June 2019, or\n> \n> > (b) if the species is not defined in that list, as defined by the Secretary.","sortOrder":234},{"sectionNumber":"197","sectionType":"section","heading":"Records to be made by commercial fishers","content":"#### 197 Records to be made by commercial fishers\n\n197 Records to be made by commercial fishers\n\n> > (1) For the purposes of section 121 of the Act, a commercial fisher is required to make the prescribed activity record of fishing activities engaged in by the commercial fisher for commercial purposes, for each relevant period that the commercial fisher engages in fishing activities.\n> \n> > (2) For the purposes of this clause, a relevant period means a month, or in the case of the sea urchin and turban shell restricted fishery or the abalone fishery, a day.\n> \n> > (3) The commercial fisher must make a separate record in respect of each fishing business that relates to the fishing activities engaged in by the commercial fisher for commercial purposes.\n> \n> > (4) The commercial fisher must ensure that a copy of the record is sent to the Secretary within 28 days after the end of the relevant period to which the record relates (or in the case of the sea urchin and turban shell restricted fishery or the abalone fishery, within 24 hours of the end of the relevant period to which the record relates).\n> \n> > (5) A commercial fisher who engages in fishing activities in any of the following fisheries, on behalf of a fishing employer (within the meaning of section 122 of the Act), is not required to make a record under this clause in respect of those activities—\n> > \n> > > (a) a share management fishery (other than the abalone or lobster fishery),\n> > \n> > > (b) a restricted fishery (other than the sea urchin and turban shell restricted fishery).\n> > \n> > Note.\n> > \n> > However, section 122 (5) of the Act requires the commercial fisher to provide the fishing employer with such information concerning those activities as the fishing employer may reasonably require to comply with section 122 of the Act.\n> \n> > (6) Despite subclause (5), a commercial fisher who engages in fishing activities in any fishery on behalf of the Fisheries Administration Ministerial Corporation is required to make a record under this clause in respect of those activities.\n> \n> > (7) This clause does not apply in respect of fishing activities in a share management fishery if the share management plan for the fishery makes alternative arrangements for the records to be made in respect of those activities under section 121 of the Act.","sortOrder":235},{"sectionNumber":"198","sectionType":"section","heading":"Records to be made by fishing employers","content":"#### 198 Records to be made by fishing employers\n\n198 Records to be made by fishing employers\n\n> > (1) For the purposes of section 122 of the Act, a fishing employer is required to make the prescribed activity record of fishing activities engaged in by all nominated fishers on behalf of the fishing employer, for each period of a month that the nominated fishers engage in fishing activities.\n> \n> > (2) The fishing employer must make a separate record in respect of each fishing business that relates to the fishing activities engaged in by all nominated fishers on behalf of the fishing employer for commercial purposes.\n> \n> > (3) The records required to be made by a fishing employer under this clause in respect of fishing activities engaged in by a nominated fisher may be made by that nominated fisher on behalf of the fishing employer.\n> \n> > (4) The fishing employer must ensure that a copy of the record is sent to the Secretary within 28 days after the end of the monthly period to which the record relates.\n> \n> > (5) A fishing employer is not required to make a record under this clause in respect of activities engaged in by a nominated fisher in any of the following fisheries—\n> > \n> > > (a) the abalone or lobster fishery,\n> > \n> > > (b) the sea urchin and turban shell restricted fishery.\n> \n> > (6) The Fisheries Administration Ministerial Corporation is not required to make any records in respect of fishing activities engaged in by a nominated fisher on its behalf.\n> \n> > (7) This clause does not apply in respect of fishing activities in a share management fishery if the share management plan for the fishery makes alternative arrangements for the records to be made by fishing employers in respect of those activities under section 122 of the Act.","sortOrder":236},{"sectionNumber":"199","sectionType":"section","heading":"Records of sale and possession of fish—commercial quantity","content":"#### 199 Records of sale and possession of fish—commercial quantity\n\n199 Records of sale and possession of fish—commercial quantity\n\n> For the purposes of the definition of commercial quantity of fish in section 123A (7) of the Act, the prescribed quantity of fish is the following—\n> \n> > (a) in respect of abalone—2 abalone or, if the number of whole abalone cannot be determined, 100 grams,\n> \n> > (b) in respect of eastern rock lobster (*Sagmariasus verreauxi*)—2 lobsters or, if the number of whole lobsters cannot be determined, 1 kg,\n> \n> > (c) in respect of crustaceans (other than eastern rock lobster)—1 kg,\n> \n> > (d) in respect of finfish—3 kg whole weight or 1.5 kg fillet weight,\n> \n> > (e) in respect of beachworms—20 worms or parts of worms,\n> \n> > (f) in respect of saltwater nippers—100 saltwater nippers,\n> \n> > (g) in any other case—1 kg.","sortOrder":237},{"sectionNumber":"200","sectionType":"section","heading":"Information to be included in records of sale and possession of fish","content":"#### 200 Information to be included in records of sale and possession of fish\n\n200 Information to be included in records of sale and possession of fish\n\n> > (1) For the purposes of section 123 (1) of the Act, a record concerning the sale of fish must—\n> > \n> > > (a) in the case of the sale of fish by a commercial fisher directly to a person for consumption and not for resale—be in a form approved by the Secretary that includes the following information—\n> > > \n> > > > (i) the date of the sale,\n> > > \n> > > > (ii) the quantity of fish sold,\n> > > \n> > > > (iii) a description of the fish sold, including a description of the manner in which the fish have been processed,\n> > > \n> > > > (iv) the total price paid,\n> > > \n> > > > (v) the fishing business number of the fishing business in relation to which the commercial fisher took the fish, or\n> > \n> > > (b) in any other case—include the following information—\n> > > \n> > > > (i) the standard name and weight of each species of fish sold,\n> > > \n> > > > (ii) a description of the manner in which the fish have been processed,\n> > > \n> > > > (iii) the date of the sale,\n> > > \n> > > > (iv) the full name and address of the seller,\n> > > \n> > > > (v) the full name and address of the purchaser,\n> > > \n> > > > (vi) the full name, address and signature of the person completing the record,\n> > > \n> > > > (vii) the price per kilogram, price per packet or price per unit of each species of fish sold,\n> > > \n> > > > (viii) the total sales value of each species of fish sold,\n> > > \n> > > > (ix) in respect of each sale, a unique identifying number allocated to the sale for the purposes of the record, being a number that is 1 of a sequence of unique identifying numbers where each subsequent sale is allocated the next number in the sequence,\n> > > \n> > > > (x) if the fish were taken by a commercial fisher, the fishing business number of the fishing business in relation to which the commercial fisher took the fish.\n> \n> > (2) For the purposes of sections 123 (2) and 123A (1) of the Act, a record concerning the acquisition or possession of fish must include the following information—\n> > \n> > > (a) the standard name and weight of each species of fish acquired or in possession,\n> > \n> > > (b) the date when the fish were purchased or otherwise acquired,\n> > \n> > > (c) the full name and address of the person who purchased or otherwise acquired the fish,\n> > \n> > > (d) the full name and address of the person from whom the fish were purchased or, if not purchased, details of how the fish were acquired,\n> > \n> > > (e) the full name, address and signature of the person completing the record,\n> > \n> > > (f) the price per kilogram, price per packet or price per unit of each species of fish purchased or otherwise acquired,\n> > \n> > > (g) the total value of each species of fish purchased or otherwise acquired,\n> > \n> > > (h) in respect of each purchase or acquisition, a unique identifying number allocated to the sale or acquisition for the purposes of the record, being a number that is 1 of a sequence of unique identifying numbers where each subsequent purchase or acquisition is allocated the next number in the sequence,\n> > \n> > > (i) if the fish were taken by a commercial fisher, the fishing business number of the fishing business in relation to which the commercial fisher took the fish.","sortOrder":238},{"sectionNumber":"201","sectionType":"section","heading":"Definitions","content":"#### 201 Definitions\n\n201 Definitions\n\n> In this Division—\n> \n> fishing business card means an endorsement issued in the form of a document that is separate from the commercial fishing licence of a person, under an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act, and identified as a fishing business card.\n> \n> fishing business owner means the owner of a fishing business the components of which include an endorsement in a restricted fishery or shares in a share management fishery.\n> \n> nominated fisher means a person who has been duly nominated by the fishing business owner to take fish in a fishery on behalf of the fishing business owner under this Regulation or a share management plan.","sortOrder":240},{"sectionNumber":"202","sectionType":"section","heading":"Possession of fishing business card","content":"#### 202 Possession of fishing business card\n\n202 Possession of fishing business card\n\n> A fishing business owner who is issued with a fishing business card must not cause or allow physical possession of the fishing business card to be given to another person unless the other person is the nominated fisher of the fishing business owner.\n> \n> Maximum penalty—100 penalty units.","sortOrder":241},{"sectionNumber":"203","sectionType":"section","heading":"Return of fishing business card to Minister","content":"#### 203 Return of fishing business card to Minister\n\n203 Return of fishing business card to Minister\n\n> > (1) The Minister may at any time require a fishing business owner, by notice in writing to the fishing business owner, to return a fishing business card to the Minister within the period specified in the notice.\n> \n> > (2) A person must not, without reasonable excuse, fail to comply with a requirement made under this clause.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) This clause does not of itself authorise the Minister to cancel an endorsement.\n> \n> Note.\n> \n> Other provisions of this Regulation and the share management plans set out the circumstances in which the Minister is authorised to cancel an endorsement. The Minister may require a fishing business card to be returned under this clause because an endorsement has been cancelled or merely to allow annotations on the card to be changed.","sortOrder":242},{"sectionNumber":"204","sectionType":"section","heading":"Return of fishing business card to fishing business owner","content":"#### 204 Return of fishing business card to fishing business owner\n\n204 Return of fishing business card to fishing business owner\n\n> > (1) If the nomination of a person as a nominated fisher is revoked, that person must immediately return the fishing business card of the fishing business to which the revoked nomination relates to the fishing business owner or such other person as the fishing business owner directs.\n> \n> > (2) A fishing business owner may at any time require a nominated fisher to return a fishing business card of the fishing business to the fishing business owner within a specified time.\n> \n> > (3) A person must not, without reasonable excuse, fail to comply with a requirement under this clause.\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":243},{"sectionNumber":"Part 12","sectionType":"part","heading":"Charter fishing management","content":"# Part 12 Charter fishing management\n\nPart 12 Charter fishing management\n\n**pt 12:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":244},{"sectionNumber":"205","sectionType":"section","heading":"Interpretation","content":"#### 205 Interpretation\n\n205 Interpretation\n\n> > (1) In this Part—\n> > \n> > CFLC—see clause 220.\n> > \n> > class, of seat, has the same meaning as in the Act, section 127AB(2).\n> > \n> > deep sea bottom fishing means a recreational fishing activity that involves taking fish of a species listed in the Table, Part 1, from ocean waters.\n> > \n> > estuarine fishing means a recreational fishing activity that involves taking fish of a species listed in the Table, Part 3 or 4, from estuarine waters.\n> > \n> > game fishing means a recreational fishing activity that involves taking fish of a species listed in the Table, Part 2 or 3, from ocean waters.\n> > \n> > licence means a charter fishing licence.\n> > \n> > nearshore bottom fishing and sport fishing means a recreational fishing activity that involves taking fish of a species listed in the Table, Part 3 or 4, from ocean waters.\n> > \n> > Table means the Table to clause 216.\n> \n> > (2) A reference in this Part to an activity that involves the taking of fish includes an activity that involves the taking of, and later releasing, fish.\n> \n> **cl 205:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":246},{"sectionNumber":"206","sectionType":"section","heading":"Declared charter fishing activities—the Act, s 127B","content":"#### 206 Declared charter fishing activities—the Act, s 127B\n\n206 Declared charter fishing activities—the Act, s 127B\n\n> > (1) The following are declared to be a charter fishing activity for which a licence is required—\n> > \n> > > (a) estuarine fishing,\n> > \n> > > (b) nearshore bottom fishing and sport fishing,\n> > \n> > > (c) game fishing,\n> > \n> > > (d) deep sea bottom fishing.\n> \n> > (2) Despite subclause (1), a charter fishing activity carried out on a boat owned or under the control of a person who is a resident of Lord Howe Island in Lord Howe Island waters is not a declared charter fishing activity.\n> \n> **cl 206:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":247},{"sectionNumber":"207","sectionType":"section","heading":"Classes of licence","content":"#### 207 Classes of licence\n\n207 Classes of licence\n\n> For the Act, section 127CB(6), there are two classes of licence as follows—\n> \n> > (a) transferable,\n> \n> > (b) non-transferable.\n> \n> **cl 207:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":249},{"sectionNumber":"208","sectionType":"section","heading":"Refusal of licence—the Act, s 127CC(3)","content":"#### 208 Refusal of licence—the Act, s 127CC(3)\n\n208 Refusal of licence—the Act, s 127CC(3)\n\n> The Minister is authorised to refuse an application for a licence if—\n> \n> > (a) the applicant has been convicted of an offence—\n> > \n> > > (i) under the Act or the regulations, or\n> > \n> > > (ii) relating to commercial or recreational fishing under a law of the Commonwealth, another State or Territory or New Zealand, or\n> > \n> > > (iii) relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (iv) relating to an assault on a fisheries official, or\n> \n> > (b) the applicant has previously held a licence that has been suspended or cancelled by the Minister, or\n> \n> > (c) the applicant is not the owner of a charter fishing business, or\n> \n> > (d) approving the application would result in more than 1 licence being held in connection with a recognised charter fishing business.\n> \n> **cl 208:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":250},{"sectionNumber":"209","sectionType":"section","heading":"Issue and renewal of licence","content":"#### 209 Issue and renewal of licence\n\n209 Issue and renewal of licence\n\n> > (1) For the Act, section 127CB(9)(b), the fee for the issue or renewal of a licence for each year or part of a year for which the licence is issued or renewed is the amount specified in Schedule 6.\n> \n> > (2) A licence is automatically renewed for 1 year following the date specified in the licence as the date on which the licence expires (the expiry date), unless the holder of the licence fails to pay the following before the expiry date—\n> > \n> > > (a) the fee specified in subclause (1), and\n> > \n> > > (b) the annual contribution specified in clause 210.\n> \n> > (3) If the holder of a licence does not pay the fee and contribution before the expiry date, the holder must—\n> > \n> > > (a) apply, in the approved form, to the Minister for the reissue of the licence, and\n> > \n> > > (b) pay the fee specified in Schedule 6 for the reissue of a licence and any outstanding annual contribution in relation to the licence.\n> \n> **cl 209:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":251},{"sectionNumber":"210","sectionType":"section","heading":"Annual contributions","content":"#### 210 Annual contributions\n\n210 Annual contributions\n\n> > (1) For the Act, section 127D, the holder of a licence must pay the amount for the annual contribution, specified in Schedule 6, for each declared charter fishing activity authorised by the licence.\n> \n> > (2) The annual contributions may be paid by instalments.\n> \n> > (3) The Minister must, by written notice to a holder of a licence, specify the date, no later than the date on which the licence expires, by which the annual contribution and any instalments must be paid.\n> \n> > (4) The annual contribution, including any instalments, must be paid by the date specified by the Minister.\n> \n> **cl 210:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":252},{"sectionNumber":"211","sectionType":"section","heading":"Eligibility for licences","content":"#### 211 Eligibility for licences\n\n211 Eligibility for licences\n\n> > (1) A person who, immediately before 1 September 2019, was eligible for a transferable licence remains eligible for a transferable licence, subject to this Part.\n> \n> > (2) A person who, immediately before 1 September 2019, was eligible for a non-transferable licence remains eligible for a non-transferable licence, subject to this Part.\n> \n> > (3) If the right to a transferable licence is transferred—\n> > \n> > > (a) the transferor ceases to be eligible for a transferable licence, and\n> > \n> > > (b) the transferee becomes eligible for a transferable licence.\n> \n> **cl 211:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":253},{"sectionNumber":"212","sectionType":"section","heading":"Power to correct errors in licences","content":"#### 212 Power to correct errors in licences\n\n212 Power to correct errors in licences\n\n> > (1) The Minister may amend a licence to correct a minor, obvious, clerical or administrative error made when issuing or renewing a licence.\n> \n> > (2) If the amendment to the licence relates to a CFLC, the Minister may also amend the CFLC.\n> \n> > (3) The Minister must—\n> > \n> > > (a) notify the holder of a licence of an amendment to a licence or CFLC, and\n> > \n> > > (b) if the amendment relates to a CFLC—issue a new CFLC to the holder of the licence.\n> \n> > (4) The amendment takes effect on the day the holder is notified of the amendment.\n> \n> **cl 212:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":254},{"sectionNumber":"213","sectionType":"section","heading":"Cancellation and suspension of licence","content":"#### 213 Cancellation and suspension of licence\n\n213 Cancellation and suspension of licence\n\n> > (1) For the Act, section 127CB(5)(d), the Minister may cancel or suspend a licence if—\n> > \n> > > (a) the holder of the licence ceases to be eligible for the licence under clause 211, or\n> > \n> > > (b) the holder of the licence is convicted of an offence—\n> > > \n> > > > (i) under the Act or the regulations, or\n> > > \n> > > > (ii) relating to commercial or recreational fishing under a law of the Commonwealth, another State or Territory or New Zealand, or\n> > > \n> > > > (iii) relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > \n> > > (c) the holder of the licence is convicted of an offence relating to an assault on a fisheries official, or\n> > \n> > > (d) the Minister is satisfied that the holder of the licence has contravened a condition of the licence, or\n> > \n> > > (e) the holder of the licence fails to pay a fee due and payable in connection with the licence, or\n> > \n> > > (f) the licence is no longer held in connection with a recognised charter fishing business, or\n> > \n> > > (g) the licence no longer authorises a declared charter fishing activity.\n> \n> > (2) The Minister may also cancel or suspend a non-transferable licence held by 1 or more individuals if 1 or more of the individuals becomes bankrupt.\n> \n> > (3) The Minister may also cancel or suspend a non-transferable licence held by a corporation if—\n> > \n> > > (a) a person has acquired or disposed of a controlling interest in the corporation, or\n> > \n> > > (b) the corporation is the subject of a winding up order, or\n> > \n> > > (c) a controller or administrator has been appointed for the corporation.\n> \n> > (4) The Minister may also cancel a licence on the written application of the holder of the licence.\n> \n> > (5) For the Act, section 127G(7), if a licence is cancelled under subclause (4), the Secretary must amend the charter fishing business determination of which the cancelled licence was a component to remove the following components—\n> > \n> > > (a) the cancelled licence,\n> > \n> > > (b) the seats that are held in connection with the relevant charter fishing business.\n> \n> **cl 213:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":255},{"sectionNumber":"214","sectionType":"section","heading":"Licence conditions relating to boats","content":"#### 214 Licence conditions relating to boats\n\n214 Licence conditions relating to boats\n\n> > (1) It is a condition of a licence that a boat being used for a charter fishing activity—\n> > \n> > > (a) has a current certificate of survey, and\n> > \n> > > (b) does not carry more persons than the lesser of the following—\n> > > \n> > > > (i) the number of persons that may be carried on the boat according to the certificate of survey for the boat,\n> > > \n> > > > (ii) the number of seats that is a component of the relevant charter fishing business.\n> \n> > (2) Subclause (1)(a) and (b)(i) do not apply if the boat is exempt under the National law, within the meaning of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), from the requirement to have a certificate of survey.\n> \n> > (3) It is a condition of a licence that authorises a guided non-motorised charter fishing activity that the number of people permitted to fish must not exceed the number of seats specified on the licence for a particular class of seat for the declared charter fishing activity for which the seat may be used or made available.\n> \n> **cl 214:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":257},{"sectionNumber":"215","sectionType":"section","heading":"Licence conditions relating to boat markings","content":"#### 215 Licence conditions relating to boat markings\n\n215 Licence conditions relating to boat markings\n\n> > (1) It is a condition of a licence that a boat being used for a charter fishing activity must display the letters “CFB” adjacent to the relevant charter fishing business number in accordance with this clause.\n> \n> > (2) The markings must be displayed—\n> > \n> > > (a) for a manually operated boat—on both sides of the outside of the boat, and\n> > \n> > > (b) otherwise—on both sides of the outside of the bow or wheelhouse.\n> \n> > (3) The markings must—\n> > \n> > > (a) consist of clearly visible letters and numbers, and\n> > \n> > > (b) be of a colour that contrasts with the colour of the boat, and\n> > \n> > > (c) be not less than—\n> > > \n> > > > (i) for a manually operated boat—150mm in height and 75mm in width, or\n> > > \n> > > > (ii) otherwise—200mm in height and 100mm in width.\n> \n> > (4) In this clause—\n> > \n> > charter fishing business number means the unique identification number for a recognised charter fishing business allocated by the Secretary under the Act, section 127H.\n> > \n> > manually operated boat has the same meaning as in the Act, section 127AA.\n> \n> **cl 215:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":258},{"sectionNumber":"216","sectionType":"section","heading":"Licence conditions relating to specific activities","content":"#### 216 Licence conditions relating to specific activities\n\n216 Licence conditions relating to specific activities\n\n> > (1) It is a condition of a licence that authorises game fishing that the taking of 1 fish of a species listed in the Table, Part 1 or 4 for each person who is on a boat being used for game fishing is permitted.\n> \n> > (2) It is a condition of a licence that authorises nearshore bottom fishing and sport fishing that the taking of 1 fish of a species listed in the Table, Part 1 or 2 for each person who is on a boat being used for nearshore bottom fishing and sport fishing is permitted.\n> \n> > (3) It is a condition of a licence that authorises estuarine fishing that the taking of 1 fish of a species listed in the Table, Part 1 or 2 for each person who is on a boat being used for estuarine fishing is permitted.\n> \n> > (4) This clause does not—\n> > \n> > > (a) affect the application of bag limits or possession limits under the Act, section 17 or 17A–17C, or\n> > \n> > > (b) authorise the taking of protected fish.\n> \n> Table\n> \n> | Common name | Scientific name |\n> | Part 1 |\n> | Hapuku | Polyprion oxygeneios |\n> | Bass Groper | Polyprion americanus |\n> | Blue-eye Trevalla, Trevalla | Hyperoglyphe antarctica |\n> | Gemfish | Rexea solandri |\n> | Pink Ling | Genypterus blacodes |\n> | Ocean Perch | Helicolenus spp. |\n> | Banded Rockcod | Epinephelus ergastularius |\n> | Part 2 |\n> | Sailfish | Istiophorus platypterus |\n> | Black Marlin | Makaira indica |\n> | Blue Marlin | Makaira nigricans |\n> | Striped Marlin | Kajikia audax |\n> | Shortbill Spearfish | Tetrapturus angustirostris |\n> | Swordfish, Broadbill Swordfish | Xiphias gladius |\n> | Shortfin Mako | Isurus oxyrinchus |\n> | Tiger Shark | Galeocerdo cuvier |\n> | Hammerhead Shark | Sphyrna spp. |\n> | Thresher Shark | Alopias spp. |\n> | Porbeagle | Lamna nasus |\n> | Albacore, Albacore Tuna | Thunnus alalunga |\n> | Yellowfin Tuna | Thunnus albacares |\n> | Southern Bluefin Tuna | Thunnus maccoyii |\n> | Longtail Tuna | Thunnus tonggol |\n> | Bigeye Tuna | Thunnus obesus |\n> | Part 3 |\n> | Yellowtail, Jack Mackerel, Trevally, Rainbow Runner, Kingfish, Samsonfish, Amberjack | Family Carangidae |\n> | Mackerel, Wahoo, Bonito, Skipjack Tuna, Mackerel Tuna | Family Scombridae (excluding Thunnus spp.) |\n> | Cobia | Rachycentron canadum |\n> | Tailor | Pomatomus saltatrix |\n> | Mahi Mahi, Dolphinfish | Coryphaena hippurus |\n> | Eastern Australian Salmon, Australian Salmon | Arripis trutta |\n> | Whaler Shark, Blue Shark | Family Carcharhinidae (excluding Galeocerdo cuvier) |\n> | Barracuda, Snook, Striped Seapike | Family Sphyraenidae |\n> | Part 4 |\n> | All species of fish other than those listed in Parts 1, 2 and 3. |  |\n> \n> **cl 216:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":259},{"sectionNumber":"217","sectionType":"section","heading":"Licence conditions for certain fish","content":"#### 217 Licence conditions for certain fish\n\n217 Licence conditions for certain fish\n\n> > (1) This clause applies to the following species of fish—\n> > \n> > > (a) *Thunnus albacares* (yellowfin tuna),\n> > \n> > > (b) *Thunnus maccoyii* (southern bluefin tuna),\n> > \n> > > (c) *Seriola lalandi* (yellowtail kingfish),\n> > \n> > > (d) *Chrysophrys auratus* (snapper),\n> > \n> > > (e) *Makaira indica* (black marlin),\n> > \n> > > (f) *Makaira nigricans* (blue marlin),\n> > \n> > > (g) *Kajikia audax* (striped marlin).\n> \n> > (2) It is a condition of a licence that fish taken on a boat being used for a declared fishing activity, and that are retained, have the right side pectoral fin removed, just above the fin base, before being removed from the boat.\n> \n> > (3) However, the removal of the right side pectoral fin may be delayed until immediately after weigh-in if the fish is to be weighed—\n> > \n> > > (a) for the purpose of claiming a record, or\n> > \n> > > (b) in accordance with the rules of a fishing tournament in connection with which the fish has been caught.\n> \n> **cl 217:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":260},{"sectionNumber":"218","sectionType":"section","heading":"Records of catch—the Act, ss 127E and 127EA","content":"#### 218 Records of catch—the Act, ss 127E and 127EA\n\n218 Records of catch—the Act, ss 127E and 127EA\n\n> > (1) A record must be made of all fish taken by persons on a boat during a declared charter fishing activity, including if no fish are taken.\n> \n> > (2) The record may be made by—\n> > \n> > > (a) the responsible person for the declared charter fishing activity, or\n> > \n> > > (b) the holder of the licence for the declared charter fishing activity.\n> > \n> > Note—\n> > \n> > See the Act, sections 127E(4) and 127EA(4) for related offences.\n> \n> > (3) The record must be made in relation to each trip made by a boat during which the boat was used for a declared charter fishing activity.\n> \n> > (4) A copy of the record must be sent to the Secretary within 7 days after the end of the calendar month in which the trip to which the record relates was made.\n> \n> **cl 218:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":262},{"sectionNumber":"219","sectionType":"section","heading":"Records of periods no declared charter fishing activities engaged in—the Act, ss 127E and 127EA","content":"#### 219 Records of periods no declared charter fishing activities engaged in—the Act, ss 127E and 127EA\n\n219 Records of periods no declared charter fishing activities engaged in—the Act, ss 127E and 127EA\n\n> > (1) A record must be made if declared charter fishing activities authorised by the licence were not engaged in for a period of a calendar month.\n> \n> > (2) The record may be made by—\n> > \n> > > (a) the responsible person for the declared charter fishing activity, or\n> > \n> > > (b) the holder of the licence for the declared charter fishing activity.\n> > \n> > Note—\n> > \n> > See the Act, sections 127E(4) and 127EA(4) for related offences.\n> \n> > (3) A copy of the record must be sent to the Secretary within 7 days after the end of the calendar month to which the record relates.\n> \n> **cl 219:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":263},{"sectionNumber":"220","sectionType":"section","heading":"Charter fishing licence card—the Act, s 127CB(9)","content":"#### 220 Charter fishing licence card—the Act, s 127CB(9)\n\n220 Charter fishing licence card—the Act, s 127CB(9)\n\n> > (1) The Secretary must issue a charter fishing licence card (a CFLC) to a holder of a charter fishing licence that contains the following information—\n> > \n> > > (a) the declared charter fishing activities authorised by the licence,\n> > \n> > > (b) the number and class of seats that are components of the relevant charter fishing business,\n> > \n> > > (c) the conditions of the licence other than the conditions specified in clause 214 or 217,\n> > \n> > > (d) the number allocated by the Secretary to the charter fishing business under the Act, section 127I(2)(b),\n> > \n> > > (e) a unique card identification number,\n> > \n> > > (f) the date the licence expires.\n> \n> > (2) The CFLC may also specify that conditions of the licence are set out in another document.\n> \n> **cl 220:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":265},{"sectionNumber":"221","sectionType":"section","heading":"Requirements for CFLCs","content":"#### 221 Requirements for CFLCs\n\n221 Requirements for CFLCs\n\n> > (1) The holder of a licence who is issued with a CFLC must not cause or allow another person to have physical possession of the CFLC unless the other person is a responsible person for a charter fishing activity authorised by the licence.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The Minister may require a holder of a licence, by written notice given to the holder, to return the CFLC to the Minister within the period specified in the notice.\n> > \n> > Note—\n> > \n> > The Minister may require a CFLC to be returned under this clause because the licence has been cancelled or to allow annotations on the card to be changed.\n> \n> > (3) A person must not, without reasonable excuse, fail to comply with a requirement made under subclause (2).\n> > \n> > Maximum penalty—100 penalty units.\n> \n> **cl 221:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":266},{"sectionNumber":"222","sectionType":"section","heading":"Return of CFLC to holder of licence","content":"#### 222 Return of CFLC to holder of licence\n\n222 Return of CFLC to holder of licence\n\n> > (1) If a responsible person has possession of a CFLC and ceases to be the responsible person for a declared charter fishing activity authorised by a licence (a former responsible person), the person must immediately return the CFLC to the holder of the licence.\n> \n> > (2) The holder of the licence may require the former responsible person to return a CFLC to the holder within a specified time.\n> \n> > (3) If the former responsible person fails to return the CFLC to the holder within the specified time, the holder of the licence must notify the Secretary.\n> \n> **cl 222:** Am 2023 (13), Sch 5\\[6\\]. Subst 2023 (13), Sch 5\\[21\\].","sortOrder":267},{"sectionNumber":"223","sectionType":"section","heading":"Application for transfer of charter fishing business—the Act, s 127J","content":"#### 223 Application for transfer of charter fishing business—the Act, s 127J\n\n223 Application for transfer of charter fishing business—the Act, s 127J\n\n> > (1) A recognised charter fishing business may only be transferred if—\n> > \n> > > (a) a transferable licence is a component of the charter fishing business, and\n> > \n> > > (b) all components of the charter fishing business are transferred to the transferee.\n> \n> > (2) A transfer of a recognised charter fishing business must be accompanied by—\n> > \n> > > (a) for a transfer effected by electronic transfer—the fee specified in Schedule 6 for an electronic transfer, or\n> > \n> > > (b) for a transfer effected by manual transfer—the fee specified in Schedule 6 for a manual transfer.\n> \n> > (3) A recognised charter fishing business may not be transferred to a transferee if the Minister is satisfied that—\n> > \n> > > (a) the transferee has been convicted of an offence—\n> > > \n> > > > (i) under the Act or the regulations, or\n> > > \n> > > > (ii) relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or New Zealand,\n> > > \n> > > > (iii) relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or\n> > > \n> > > > (iv) relating to an assault on a fisheries official, or\n> > \n> > > (b) the transferee has previously held a licence that has been suspended or cancelled by the Minister, or\n> > \n> > > (c) there are unpaid fees under clause 209 or unpaid annual contributions under clause 210, which are due in relation to the recognised charter fishing business.\n> \n> **cl 223:** Subst 2023 (13), Sch 5\\[21\\].","sortOrder":269},{"sectionNumber":"Part 13","sectionType":"part","heading":"Protection of aquatic habitats","content":"# Part 13 Protection of aquatic habitats\n\nPart 13 Protection of aquatic habitats","sortOrder":270},{"sectionNumber":"224","sectionType":"section","heading":"Application for permit under Part 7 of Act","content":"#### 224 Application for permit under Part 7 of Act\n\n224 Application for permit under Part 7 of Act\n\n> > (1) An application for a permit under Part 7 of the Act is to be in a form approved by the Secretary and is to be accompanied by—\n> > \n> > > (a) the fee specified in Schedule 6, and\n> > \n> > > (b) an assessment fee.\n> \n> > (2) The assessment fee for an application for a permit is to be determined by the Secretary in accordance with this clause on the basis of the time required to complete an assessment of the application.\n> \n> > (3) The assessment fee for the following classes of assessment is the amount specified in Schedule 6—\n> > \n> > > (a) a minor assessment,\n> > \n> > > (b) a moderate assessment,\n> > \n> > > (c) a major assessment,\n> > \n> > > (d) a complex assessment.\n> \n> > (4) For the purposes of this clause—\n> > \n> > > (a) an assessment is a minor assessment if, in the opinion of the Secretary, the assessment will take up to 3 hours to complete, and\n> > \n> > > (b) an assessment is a moderate assessment if, in the opinion of the Secretary, the assessment will take more than 3 hours but less than 7 hours to complete, and\n> > \n> > > (c) an assessment is a major assessment if, in the opinion of the Secretary, the assessment will take 7 hours or more but less than 21 hours to complete, and\n> > \n> > > (d) an assessment is a complex assessment if, in the opinion of the Secretary, the assessment will take 21 hours or more to complete.\n> \n> > (5) In determining the time that an assessment will take to complete, the Secretary is to include any time that will be taken to conduct a site visit or to consult with stakeholders, if, in the opinion of the Secretary, a site visit or consultation is necessary for the assessment of the application.\n> \n> > (6) If, after making a determination as to the level of assessment required in respect of an application, the Secretary determines that any further assessment in respect of the application is required, an additional assessment fee may be charged.\n> \n> > (7) The additional assessment fee is the amount specified in Schedule 6 for each hour (or part of an hour) of work performed by an officer of the Department in respect of an application (being work not included in the initial determination as to the level of assessment required).\n> \n> > (8) In this clause, stakeholder means—\n> > \n> > > (a) a person likely to be affected by the activity proposed to be permitted, or\n> > \n> > > (b) a person or body having functions under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or any other law, with respect to consent to or approval of the activity proposed to be permitted.","sortOrder":271},{"sectionNumber":"225","sectionType":"section","heading":"Contravention of condition of permit under Part 7 of Act","content":"#### 225 Contravention of condition of permit under Part 7 of Act\n\n225 Contravention of condition of permit under Part 7 of Act\n\n> A person who contravenes a condition of a permit issued under Part 7 of the Act is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.","sortOrder":272},{"sectionNumber":"226","sectionType":"section","heading":"Dredging work","content":"#### 226 Dredging work\n\n226 Dredging work\n\n> > (1) For the purposes of paragraph (b) of the definition of dredging work in section 198A of the Act, the following work is prescribed—\n> > \n> > > (a) work that involves the removal of woody debris, snags, gravel beds, cobbles, rocks, boulders, rock bars or aquatic vegetation from water land,\n> > \n> > > (b) work that involves the removal of any other material from water land that disturbs, moves or harms woody debris, snags, gravel beds, cobbles, rocks, boulders, rock bars or aquatic vegetation,\n> > \n> > > (c) work that involves moving woody debris, snags, gravel beds, cobbles, rocks, boulders, rock bars or aquatic vegetation on water land.\n> \n> > (2) In this clause, aquatic vegetation means native vegetation that inhabits freshwater.","sortOrder":273},{"sectionNumber":"227","sectionType":"section","heading":"Exemption for certain work","content":"#### 227 Exemption for certain work\n\n227 Exemption for certain work\n\n> Any dredging work or any reclamation work carried out by a public authority is exempt from Division 3 of Part 7 of the Act if the work is carried out in accordance with the Code of Practice for Minor Works in NSW Waterways published on the Department’s website.","sortOrder":274},{"sectionNumber":"228","sectionType":"section","heading":"Marine vegetation—regulation of harm","content":"#### 228 Marine vegetation—regulation of harm\n\n228 Marine vegetation—regulation of harm\n\n> > (1) The following are declared to be marine vegetation to which section 205 of the Act applies—\n> > \n> > > (a) attached marine and estuarine macroalgae,\n> > \n> > > (b) saltmarsh in a protected area.\n> \n> > (2) The following activities are exempt from the operation of section 205 (2) of the Act—\n> > \n> > > (a) the taking of sea lettuce (*Ulva* spp.) and blackfish weed (*Enteromorpha* spp.) for use as bait,\n> > \n> > > (b) any activity that harms saltmarsh if the activity is authorised under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or the saltmarsh is on land reserved under Part 4 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (3) In this clause—\n> > \n> > marine and estuarine macroalgae means those species of non-microscopic plants commonly known as seaweeds that belong to the plant classification divisions of *Rhodophyta*, *Phaeophyta* and *Chlorophyta* that are endemic to New South Wales marine and estuarine waters.\n> > \n> > saltmarsh means an ecological community within the meaning of Part 7A of the Act known as saltmarsh in which 1 or more of the following species of plants are found—\n> > \n> > > (a) *Baumea juncea*,\n> > \n> > > (b) *Isolepsis nodosa*,\n> > \n> > > (c) *Juncus kraussii*,\n> > \n> > > (d) *Samolus repens*,\n> > \n> > > (e) *Sarcocornia quinqueflora*,\n> > \n> > > (f) *Selliera radicans*,\n> > \n> > > (g) *Sporobolus virginicus*,\n> > \n> > > (h) *Suaeda australis*,\n> > \n> > > (i) *Triglochin striata*,\n> > \n> > > (j) *Zoysia macrantha*.","sortOrder":275},{"sectionNumber":"229","sectionType":"section","heading":"Activities harmful to marine vegetation","content":"#### 229 Activities harmful to marine vegetation\n\n229 Activities harmful to marine vegetation\n\n> > (1) For the purposes of section 205B of the Act, the following are prescribed activities—\n> > \n> > > (a) the use of any fishing method in waters that are over a bed of seagrass in a protected area, being a fishing method that is prohibited by or under the Act (excluding Division 4 of Part 7 of the Act),\n> > \n> > > (b) any activity that obstructs or alters tidal flows to marine vegetation in a protected area,\n> > \n> > > (c) the driving or operation of a vehicle over marine vegetation in a protected area,\n> > \n> > > (d) the grazing or movement of stock on marine vegetation in a protected area.\n> > \n> > Note.\n> > \n> > A prescribed activity is presumed to be harmful to marine vegetation unless the person who carried out the activity establishes that no harm was caused by the activity.\n> \n> > (2) In this clause—\n> > \n> > stock includes horses, cattle, asses, mules, alpacas, llamas, camels, deer, sheep, pigs, goats, ostriches and emus.\n> > \n> > vehicle includes a hovercraft.","sortOrder":276},{"sectionNumber":"230","sectionType":"section","heading":"Importation of live exotic fish","content":"#### 230 Importation of live exotic fish\n\n230 Importation of live exotic fish\n\n> For the purposes of section 217 (1) of the Act, the species of fish specified in Schedule 5 are prescribed.\n> \n> Note.\n> \n> Under section 217 (1) of the Act, a person must not bring into New South Wales any live fish of a species or class prescribed by the regulations except under the authority of a permit issued by the Minister.","sortOrder":277},{"sectionNumber":"Part 14","sectionType":"part","heading":"Threatened species conservation","content":"# Part 14 Threatened species conservation\n\nPart 14 Threatened species conservation\n\nNote.\n\nThis Part prescribes the criteria for a determination by the Fisheries Scientific Committee of the matters required to establish eligibility for listing in accordance with Part 7A of the Act—\n\n> (a) of a species as a critically endangered species, endangered species or vulnerable species, or\n\n> (b) of a population as an endangered population, or\n\n> (c) of an ecological community as a critically endangered ecological community, endangered ecological community or vulnerable ecological community.","sortOrder":278},{"sectionNumber":"231","sectionType":"section","heading":"Application of Part","content":"#### 231 Application of Part\n\n231 Application of Part\n\n> > (1) This Division applies for the purposes of the interpretation and application of the criteria prescribed under this Part.\n> \n> > (2) Use in a provision of this Division of the term “population” does not limit the operation of the provision to Division 3 and use of the term “species” does not limit the operation of a provision to Division 2.","sortOrder":280},{"sectionNumber":"232","sectionType":"section","heading":"Geographic distribution","content":"#### 232 Geographic distribution\n\n232 Geographic distribution\n\n> > (1) Geographic distribution is the area or areas, or the volume of occupancy, in which a species, population or ecological community occurs, excluding cases of vagrancy in species.\n> \n> > (2) This may be assessed by estimating—\n> > \n> > > (a) the extent of occurrence (the area of the total geographic range that includes all extant populations of the species or all extant occurrences of the ecological community), or\n> > \n> > > (b) the area or volume of occupancy (the area or volume within the total range that is currently occupied by the species or ecological community, that is, it excludes unsuitable and unoccupied habitat), or\n> > \n> > > (c) the area or volume of suitable habitat (the area or volume within the total range that includes occupied and unoccupied suitable habitat, but excludes unsuitable habitat).\n> \n> > (3) The scale at which a geographic distribution is assessed should be appropriate to the biology of the species (or component species in ecological communities), the nature of threats and available data.","sortOrder":281},{"sectionNumber":"233","sectionType":"section","heading":"Effective population size","content":"#### 233 Effective population size\n\n233 Effective population size\n\n> Effective population size is the number of mature individuals of a species or population that contribute to the production of viable offspring and the maintenance of genetic variation.\n> \n> Note.\n> \n> Effective population size is usually much less than total population size due to the presence of juveniles, old (senescent), diseased, moribund and other non-breeding individuals, uneven sex ratios, unsuitable environmental conditions for breeding and recruitment at some localities and in some years, variation between family sizes and fluctuating population sizes between generations.","sortOrder":282},{"sectionNumber":"234","sectionType":"section","heading":"Ecological function","content":"#### 234 Ecological function\n\n234 Ecological function\n\n> > (1) Ecological function encompasses the ecological and evolutionary processes and interactions between living and non-living components of ecosystems and ecological communities at all spatial and temporal scales.\n> \n> > (2) Reductions in ecological function may be indicated by the following—\n> > \n> > > (a) a change to community structure,\n> > \n> > > (b) a change in species composition,\n> > \n> > > (c) the disruption of ecological processes,\n> > \n> > > (d) the invasion and establishment of exotic species,\n> > \n> > > (e) the degradation of habitat,\n> > \n> > > (f) the fragmentation of habitat,\n> > \n> > > (g) the declining abundance or distribution of constituent species within an ecological community.","sortOrder":283},{"sectionNumber":"235","sectionType":"section","heading":"Relevance of matters and adequacy and accuracy of information","content":"#### 235 Relevance of matters and adequacy and accuracy of information\n\n235 Relevance of matters and adequacy and accuracy of information\n\n> If the Fisheries Scientific Committee is required to have regard to a particular matter, the Committee must consider the matter—\n> \n> > (a) to the extent that it is relevant to the assessment of a proposed listing, and\n> \n> > (b) to the extent that relevant information is available in relation to the matter, having regard to the adequacy and accuracy of the information.","sortOrder":284},{"sectionNumber":"236","sectionType":"section","heading":"Criteria for listing determinations by Fisheries Scientific Committee","content":"#### 236 Criteria for listing determinations by Fisheries Scientific Committee\n\n236 Criteria for listing determinations by Fisheries Scientific Committee\n\n> > (1) Critically endangered species For the purposes of section 220F (2) of the Act, a species is facing an extremely high risk of extinction in New South Wales in the immediate future if, in the opinion of the Fisheries Scientific Committee, it meets the criteria specified for critically endangered species in this Division.\n> \n> > (2) Endangered species For the purposes of section 220F (3) of the Act, a species is facing a very high risk of extinction in New South Wales in the near future if, in the opinion of the Fisheries Scientific Committee, it meets the criteria specified for endangered species in this Division.\n> \n> > (3) Vulnerable species For the purposes of section 220F (4) of the Act, a species is facing a high risk of extinction in New South Wales in the medium-term future if, in the opinion of the Fisheries Scientific Committee, it meets the criteria specified for vulnerable species in this Division.","sortOrder":286},{"sectionNumber":"237","sectionType":"section","heading":"Criteria—reduction in abundance, geographic distribution or genetic diversity","content":"#### 237 Criteria—reduction in abundance, geographic distribution or genetic diversity\n\n237 Criteria—reduction in abundance, geographic distribution or genetic diversity\n\n> > (1) It is observed, estimated, inferred or reasonably suspected that the species has undergone, or is likely to undergo, within a time frame appropriate to the life cycle and habitat characteristics of the taxon—\n> > \n> > > (a) for critically endangered species—an extremely large reduction in 1 or more of the following—\n> > > \n> > > > (i) an index of abundance appropriate to the taxon,\n> > > \n> > > > (ii) geographic distribution,\n> > > \n> > > > (iii) genetic diversity, or\n> > \n> > > (b) for endangered species—a very large reduction in 1 or more of the following—\n> > > \n> > > > (i) an index of abundance appropriate to the taxon,\n> > > \n> > > > (ii) geographic distribution,\n> > > \n> > > > (iii) genetic diversity, or\n> > \n> > > (c) for vulnerable species—a large reduction in 1 or more of the following—\n> > > \n> > > > (i) an index of abundance appropriate to the taxon,\n> > > \n> > > > (ii) geographic distribution,\n> > > \n> > > > (iii) genetic diversity.\n> \n> > (2) The Fisheries Scientific Committee must have regard to the following in determining the extent of the reduction referred to in subclause (1)—\n> > \n> > > (a) the rate of and trends in the reduction,\n> > \n> > > (b) the potential of the species to maintain relatively stable abundance under high levels of mortality,\n> > \n> > > (c) the ability of the species to recover rapidly from low numbers,\n> > \n> > > (d) the reproductive potential of the species in relation to the following—\n> > > \n> > > > (i) reproductive ecology and behaviour and the relationship of these to any threatening process or processes, and the probability of recruitment failure,\n> > > \n> > > > (ii) historical, anecdotal or scientific data suggesting a reduction in the production of eggs or progeny compared to the unexploited state, to an extent that the ability of the species to maintain viable populations has been compromised,\n> > > \n> > > > (iii) evidence of a reduction in the generation time and life span of the species relative to the unexploited state,\n> > > \n> > > > (iv) population density, and the significance of population density in the species’ reproductive strategies,\n> > > \n> > > > (v) effective population size,\n> > \n> > > (e) other aspects of the life history and ecology of the species, including any of the following—\n> > > \n> > > > (i) age and growth patterns,\n> > > \n> > > > (ii) habitat types and usages,\n> > > \n> > > > (iii) susceptibility to disease,\n> > > \n> > > > (iv) obligate migration requirements,\n> > \n> > > (f) evidence of recovery from low numbers following the introduction of protection measures or changes to management strategies,\n> > \n> > > (g) the current management strategies in relation to life history and reproductive ecology,\n> > \n> > > (h) assessment of the probability of extinction,\n> > \n> > > (i) evidence of declining populations across the species range for wide ranging or naturally rare or uncommon species,\n> > \n> > > (j) whether the species is at the edge of its geographic distribution,\n> > \n> > > (k) restricted or disjunct populations of naturally rare and uncommon species,\n> > \n> > > (l) the status of the species outside the State as appropriate for the taxon,\n> > \n> > > (m) the precautionary principle, namely, that if there are threats of serious or irreversible damage to the species, lack of full scientific certainty should not be used as a reason for postponing measures to prevent that damage,\n> > \n> > > (n) other supporting information, including the following—\n> > > \n> > > > (i) expert advice,\n> > > \n> > > > (ii) anecdotal information where there is independent verification,\n> > > \n> > > > (iii) written evidence, especially of a historical nature,\n> > > \n> > > > (iv) any other corroborating evidence.","sortOrder":287},{"sectionNumber":"238","sectionType":"section","heading":"Criteria—threatening processes","content":"#### 238 Criteria—threatening processes\n\n238 Criteria—threatening processes\n\n> > (1) For critically endangered, endangered and vulnerable species, there is, or there is observed, estimated, inferred or reasonably suspected to be, a historical, current or potential threatening process, or threatening processes affecting the species.\n> \n> > (2) The Fisheries Scientific Committee must have regard to the following in determining the relevant extent of the effect of the threatening process or processes—\n> > \n> > > (a) the number and nature of the threatening processes,\n> > \n> > > (b) the potential for synergistic effects between threatening processes,\n> > \n> > > (c) the extent of the threatening processes relative to the geographic distribution of the species,\n> > \n> > > (d) the impact of the threatening processes on the diversity and quality of the species’ habitat,\n> > \n> > > (e) the level of protection offered to the species within existing reserve systems, other forms of refuge or by current management strategies.","sortOrder":288},{"sectionNumber":"239","sectionType":"section","heading":"Criteria for listing determinations by Fisheries Scientific Committee","content":"#### 239 Criteria for listing determinations by Fisheries Scientific Committee\n\n239 Criteria for listing determinations by Fisheries Scientific Committee\n\n> For the purposes of section 220FA (1) of the Act, a population is facing a very high risk of extinction in New South Wales in the near future if, in the opinion of the Fisheries Scientific Committee—\n> \n> > (a) it is clearly defined, and\n> \n> > (b) it satisfies any 1 or more of the following—\n> > \n> > > (i) it is disjunct or near the limit of its geographic range,\n> > \n> > > (ii) it is, or is likely to be, genetically, biologically, morphologically or ecologically distinct,\n> > \n> > > (iii) it is otherwise of significant conservation value, and\n> \n> > (c) it meets the criteria specified in this Division.","sortOrder":290},{"sectionNumber":"240","sectionType":"section","heading":"Criteria—reduction in abundance, geographic distribution or genetic diversity","content":"#### 240 Criteria—reduction in abundance, geographic distribution or genetic diversity\n\n240 Criteria—reduction in abundance, geographic distribution or genetic diversity\n\n> > (1) It is observed, estimated, inferred or reasonably suspected that the population has undergone, or is likely to undergo, within a time frame appropriate to the life cycle and habitat characteristics of the taxon, a very large reduction in 1 or more of the following—\n> > \n> > > (a) an index of abundance appropriate to the taxon,\n> > \n> > > (b) geographic distribution,\n> > \n> > > (c) genetic diversity.\n> \n> > (2) The Fisheries Scientific Committee must have regard to the following in determining the extent of the reduction referred to in subclause (1)—\n> > \n> > > (a) the rate of and trends in the reduction,\n> > \n> > > (b) the resilience of the population in relation to current or potential threatening processes,\n> > \n> > > (c) the ability of the population to recover rapidly from low numbers,\n> > \n> > > (d) the reproductive potential of the population in relation to the following—\n> > > \n> > > > (i) reproductive ecology and behaviour and the relationship of these to any threatening process or processes, and the probability of recruitment failure,\n> > > \n> > > > (ii) historical, anecdotal or scientific data suggesting a reduction in the production of eggs or progeny compared to the unexploited state, to an extent that the ability of the species to maintain viable populations has been compromised,\n> > > \n> > > > (iii) evidence of a reduction in the generation time and life span of the species relative to the unexploited state,\n> > > \n> > > > (iv) population density, and the significance of population density in the species’ reproductive strategies,\n> > > \n> > > > (v) effective population size,\n> > \n> > > (e) evidence of recovery from low numbers following the introduction of protection measures or changes to management strategies,\n> > \n> > > (f) the current management strategies in relation to life history and reproductive ecology,\n> > \n> > > (g) assessment of the probability of extinction,\n> > \n> > > (h) evidence of declining abundance across the population’s range for wide ranging or naturally rare or uncommon species,\n> > \n> > > (i) other aspects of the life history and ecology of the population, including any of the following—\n> > > \n> > > > (i) age and growth patterns,\n> > > \n> > > > (ii) habitat types and usages,\n> > > \n> > > > (iii) susceptibility to disease,\n> > > \n> > > > (iv) obligate migration requirements,\n> > \n> > > (j) restricted or disjunct populations of naturally rare and uncommon species,\n> > \n> > > (k) the precautionary principle, namely, that if there are threats of serious or irreversible damage to the population, lack of full scientific certainty should not be used as a reason for postponing measures to prevent that damage,\n> > \n> > > (l) other supporting information, including the following—\n> > > \n> > > > (i) expert advice,\n> > > \n> > > > (ii) anecdotal information where there is independent verification,\n> > > \n> > > > (iii) written evidence, especially of a historical nature,\n> > > \n> > > > (iv) any other corroborating evidence.","sortOrder":291},{"sectionNumber":"241","sectionType":"section","heading":"Criteria—threatening processes","content":"#### 241 Criteria—threatening processes\n\n241 Criteria—threatening processes\n\n> There is, or there is observed, estimated, inferred or reasonably suspected to be, a historical, current or potential threatening process, or threatening processes affecting the population, having regard to the following—\n> \n> > (a) the number and nature of the threatening processes,\n> \n> > (b) the potential for synergistic effects between threatening processes,\n> \n> > (c) the extent of the threatening processes relative to the geographic distribution of the population,\n> \n> > (d) the impact of the threatening processes on the diversity and quality of the population’s habitat,\n> \n> > (e) the level of protection offered to the population within existing reserve systems, other forms of refuge or by current management strategies.","sortOrder":292},{"sectionNumber":"242","sectionType":"section","heading":"Criteria for listing determinations by Fisheries Scientific Committee","content":"#### 242 Criteria for listing determinations by Fisheries Scientific Committee\n\n242 Criteria for listing determinations by Fisheries Scientific Committee\n\n> > (1) Critically endangered ecological communities For the purposes of section 220FB (1) of the Act, an ecological community is facing an extremely high risk of extinction in New South Wales in the immediate future if, in the opinion of the Fisheries Scientific Committee—\n> > \n> > > (a) it is defined by species occupying a particular area, and\n> > \n> > > (b) it meets the criteria specified for critically endangered ecological communities in this Division.\n> \n> > (2) Endangered ecological communities For the purposes of section 220FB (2) of the Act, an ecological community is facing a very high risk of extinction in New South Wales in the near future if, in the opinion of the Fisheries Scientific Committee—\n> > \n> > > (a) it is defined by species occupying a particular area, and\n> > \n> > > (b) it meets the criteria specified for endangered ecological communities in this Division.\n> \n> > (3) Vulnerable ecological communities For the purposes of section 220FB (3) of the Act, an ecological community is facing a high risk of extinction in New South Wales in the medium-term future if, in the opinion of the Fisheries Scientific Committee—\n> > \n> > > (a) it is defined by species occupying a particular area, and\n> > \n> > > (b) it meets the criteria specified for vulnerable ecological communities in this Division.","sortOrder":294},{"sectionNumber":"243","sectionType":"section","heading":"Criteria—reduction in ecological function, geographic distribution or genetic diversity","content":"#### 243 Criteria—reduction in ecological function, geographic distribution or genetic diversity\n\n243 Criteria—reduction in ecological function, geographic distribution or genetic diversity\n\n> > (1) It is observed, estimated, inferred or reasonably suspected that the ecological community has undergone, or is likely to undergo, within a time frame appropriate to the life cycle and habitat characteristics of the component species—\n> > \n> > > (a) for critically endangered ecological communities—an extremely large reduction in 1 or more of the following—\n> > > \n> > > > (i) ecological function,\n> > > \n> > > > (ii) geographic distribution,\n> > > \n> > > > (iii) genetic diversity, or\n> > \n> > > (b) for endangered ecological communities—a very large reduction in 1 or more of the following—\n> > > \n> > > > (i) ecological function,\n> > > \n> > > > (ii) geographic distribution,\n> > > \n> > > > (iii) genetic diversity, or\n> > \n> > > (c) for vulnerable ecological communities—a large reduction in 1 or more of the following—\n> > > \n> > > > (i) ecological function,\n> > > \n> > > > (ii) geographic distribution,\n> > > \n> > > > (iii) genetic diversity.\n> \n> > (2) The Fisheries Scientific Committee must have regard to the following in determining the extent of the reduction referred to in subclause (1)—\n> > \n> > > (a) the rate of and trends in the reduction,\n> > \n> > > (b) the resilience of the ecological community in relation to current or potential threatening processes,\n> > \n> > > (c) evidence of recovery of the ecological community following the introduction of protection measures or changes to management strategies,\n> > \n> > > (d) assessment of the probability of extinction,\n> > \n> > > (e) the precautionary principle, namely, that if there are threats of serious or irreversible damage to the ecological community, lack of full scientific certainty should not be used as a reason for postponing measures to prevent that damage,\n> > \n> > > (f) other supporting information, including the following—\n> > > \n> > > > (i) expert advice,\n> > > \n> > > > (ii) anecdotal information where there is independent verification,\n> > > \n> > > > (iii) written evidence, especially of a historical nature,\n> > > \n> > > > (iv) any other corroborating evidence.","sortOrder":295},{"sectionNumber":"244","sectionType":"section","heading":"Criteria—threatening processes","content":"#### 244 Criteria—threatening processes\n\n244 Criteria—threatening processes\n\n> > (1) For critically endangered, endangered and vulnerable ecological communities, there is, or there is observed, estimated, inferred or reasonably suspected to be, a historical, current or potential threatening process, or threatening processes affecting the ecological community.\n> \n> > (2) The Fisheries Scientific Committee must have regard to the following in determining the relevant extent of the effect of the threatening process or threatening processes—\n> > \n> > > (a) the number and nature of the threatening processes,\n> > \n> > > (b) the potential for synergistic effects between threatening processes,\n> > \n> > > (c) the extent of the threatening processes relative to the geographic distribution of the ecological community,\n> > \n> > > (d) the impact of the threatening processes on the diversity and quality of the ecological community’s habitat,\n> > \n> > > (e) the level of protection offered to the ecological community within existing reserve systems, other forms of refuge or by current management strategies.","sortOrder":296},{"sectionNumber":"245","sectionType":"section","heading":"Activities that are not routine activities in connection with lawful taking of fish or marine vegetation","content":"#### 245 Activities that are not routine activities in connection with lawful taking of fish or marine vegetation\n\n245 Activities that are not routine activities in connection with lawful taking of fish or marine vegetation\n\n> For the purposes of section 220ZF (1) (d) of the Act, any activity, that, by its nature, results in, or is likely to result in, the repeated taking of a threatened species of fish (within the meaning of Part 7A of the Act) is declared not to be a routine activity.","sortOrder":298},{"sectionNumber":"246","sectionType":"section","heading":"Limitations on routine farming practice activities","content":"#### 246 Limitations on routine farming practice activities\n\n246 Limitations on routine farming practice activities\n\n> > (1) A routine farming practice activity referred to in section 220ZFA (1) (b) of the Act is limited by excluding any activity that involves buying, selling or being in possession of any fish or marine vegetation that is, or is part of, a threatened species, an endangered population or an endangered ecological community (within the meaning of Part 7A of the Act).\n> \n> > (2) A routine farming practice activity referred to in section 220ZFA (1) (b) of the Act is limited by excluding any activity carried out for the purposes of preventing, reducing, minimising or eliminating—\n> > \n> > > (a) damage to or loss of crops, livestock or farming infrastructure (such as dams, fences, buildings, sheds, windmills, bores, air strips, stockyards and farm roads), or\n> > \n> > > (b) injury to the health of livestock,\n> > \n> > if the activity results in or is likely to result in the harming of—\n> > \n> > > (c) any fish that is, or is part of, a threatened species, an endangered population or an endangered ecological community (within the meaning of Part 7A of the Act), or\n> > \n> > > (d) any protected marine vegetation.\n> \n> > (3) In this clause, protected marine vegetation means marine vegetation to which section 205 of the Act applies.","sortOrder":299},{"sectionNumber":"246A","sectionType":"section","heading":"Possession of live Murray cod prohibited in certain parts of northeastern NSW—the Act, s 220ZE","content":"#### 246A Possession of live Murray cod prohibited in certain parts of northeastern NSW—the Act, s 220ZE\n\n246A Possession of live Murray cod prohibited in certain parts of northeastern NSW—the Act, s 220ZE\n\n> > (1) A person must not be in possession of live Murray cod when the person is in, on or adjacent to relevant waters.\n> \n> > (2) A person must not release live Murray cod into relevant waters.\n> > \n> > Note.\n> > \n> > See also the Act, section 216, which prohibits the release of live fish in certain circumstances.\n> \n> > (3) In this clause—\n> > \n> > Murray cod means fish of the species *Maccullochella peelii*.\n> > \n> > release a fish includes deposit or permit the fish to escape.\n> > \n> > relevant waters means all inland waters north of Waterfall Way between Urunga and Armidale that are east of the Great Dividing Range and includes a farm dam, within the meaning of the Act, section 198A.\n> \n> Maximum penalty—100 penalty units for a corporation or 50 penalty units for an individual.\n> \n> **cl 246A:** Ins 2021 (482), Sch 1\\[4\\].","sortOrder":300},{"sectionNumber":"Part 15","sectionType":"part","heading":"Ministerial advisory councils","content":"# Part 15 Ministerial advisory councils\n\nPart 15 Ministerial advisory councils","sortOrder":301},{"sectionNumber":"247","sectionType":"section","heading":"Establishment of advisory councils","content":"#### 247 Establishment of advisory councils\n\n247 Establishment of advisory councils\n\n> > (1) For the purposes of section 229 of the Act, the following advisory councils are to be established—\n> > \n> > > (a) Ministerial Fisheries Advisory Council,\n> > \n> > > (b) Recreational Fishing NSW Advisory Council,\n> > \n> > > (b1) Recreational Fishing Trusts Advisory Council,\n> > \n> > > (c) Aboriginal Fishing Advisory Council,\n> > \n> > > (d) Commercial Fishing NSW Advisory Council.\n> > \n> > Note.\n> > \n> > Schedule 7 makes provision for the membership and procedure of the advisory councils.\n> \n> > (2) The Minister may call for expressions of interest in membership of the advisory councils (other than the Aboriginal Fishing Advisory Council) by publishing a notice in any manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public generally.\n> \n> **cl 247:** Am 2025 (37), Sch 1\\[1\\].","sortOrder":302},{"sectionNumber":"248","sectionType":"section","heading":"Ministerial Fisheries Advisory Council","content":"#### 248 Ministerial Fisheries Advisory Council\n\n248 Ministerial Fisheries Advisory Council\n\n> > (1) The Ministerial Fisheries Advisory Council is to be composed of the following members—\n> > \n> > > (a) 1 person who the Minister is satisfied has expertise in commercial fishing or will represent commercial fishing interests,\n> > \n> > > (b) 1 person who the Minister is satisfied has expertise in recreational fishing or will represent recreational fishing interests,\n> > \n> > > (c) 1 person who the Minister is satisfied has expertise in aquaculture or will represent aquaculture interests,\n> > \n> > > (d) 1 person who the Minister is satisfied has expertise in Aboriginal cultural fishing or will represent Aboriginal cultural fishing interests,\n> > \n> > > (e) 1 person who the Minister is satisfied has expertise in conservation of aquatic resources or will represent those conservation interests,\n> > \n> > > (f) a senior officer of the Department.\n> \n> > (2) The member of the Ministerial Fisheries Advisory Council who is a senior officer of the Department is not entitled to vote at meetings of the Council.","sortOrder":303},{"sectionNumber":"249","sectionType":"section","heading":"Recreational Fishing NSW Advisory Council","content":"#### 249 Recreational Fishing NSW Advisory Council\n\n249 Recreational Fishing NSW Advisory Council\n\n> > (1) The Recreational Fishing NSW Advisory Council is to be composed of the following members—\n> > \n> > > (a) persons who, in the opinion of the Minister, individually have significant experience, and a sound understanding of major recreational fishing and resource management issues, in the recreational fishing sector in at least 1 of the regions determined by the Minister under subclause (2), and collectively have such experience and understanding in all such regions,\n> > \n> > > (b) 1 person with expertise in spearfishing,\n> > \n> > > (c) 1 person with expertise in charter boat fishing,\n> > \n> > > (d) the person appointed to the Ministerial Fisheries Advisory Council under clause 248 (1) (b),\n> > \n> > > (e) a nominee of the Secretary,\n> > \n> > > (f) such other persons as the Minister considers appropriate.\n> \n> > (2) The Minister is, by notice published in the Gazette, to determine regions for the purposes of subclause (1) (a).","sortOrder":304},{"sectionNumber":"249A","sectionType":"section","heading":"Recreational Fishing Trusts Advisory Council—the Act, s 229(2)","content":"#### 249A Recreational Fishing Trusts Advisory Council—the Act, s 229(2)\n\n249A Recreational Fishing Trusts Advisory Council—the Act, s 229(2)\n\n> > (1) The Recreational Fishing Trusts Advisory Council must consist of the following members—\n> > \n> > > (a) 1 member who the Minister is satisfied has—\n> > > \n> > > > (i) expertise in finance and project management, and\n> > > \n> > > > (ii) knowledge and experience in recreational fishing,\n> > \n> > > (b) 1 member who the Minister is satisfied has—\n> > > \n> > > > (i) expertise in probity and governance, and\n> > > \n> > > > (ii) knowledge and experience in recreational fishing,\n> > \n> > > (c) 1 member who the Minister is satisfied has—\n> > > \n> > > > (i) expertise in infrastructure and construction projects, and\n> > > \n> > > > (ii) knowledge and experience in recreational fishing,\n> > \n> > > (d) 1 member who the Minister is satisfied has—\n> > > \n> > > > (i) expertise in fisheries science, and\n> > > \n> > > > (ii) knowledge and experience in recreational fishing,\n> > \n> > > (e) no more than 7 members who—\n> > > \n> > > > (i) individually have, in the Minister’s opinion, expertise in recreational fishing, and\n> > > \n> > > > (ii) collectively have, in the Minister’s opinion, expertise in recreational freshwater fishing and recreational saltwater fishing,\n> > \n> > > (f) 1 member who is a member of the Recreational Fishing NSW Advisory Council,\n> > \n> > > (g) a nominee of the Secretary.\n> \n> > (2) The Minister may, if the Minister considers it appropriate, appoint other persons to the Recreational Fishing Trusts Advisory Council.\n> \n> > (3) The member of the Recreational Fishing Trusts Advisory Council who is the nominee of the Secretary is not entitled to vote at meetings of the Council.\n> \n> **cl 249A:** Ins 2025 (37), Sch 1\\[2\\].","sortOrder":305},{"sectionNumber":"250","sectionType":"section","heading":"Aboriginal Fishing Advisory Council","content":"#### 250 Aboriginal Fishing Advisory Council\n\n250 Aboriginal Fishing Advisory Council\n\n> > (1) The Aboriginal Fishing Advisory Council is to be composed of the following members—\n> > \n> > > (a) Aboriginal persons appointed to represent different regions of the State (not more than 10 persons in total),\n> > \n> > > (b) 1 other Aboriginal person,\n> > \n> > > (c) 1 person appointed as a representative of NTSCORP Limited,\n> > \n> > > (d) 1 person appointed as a representative of the New South Wales Aboriginal Land Council,\n> > \n> > > (e) a senior officer of the Department.\n> \n> > (2) The member of the Aboriginal Fishing Advisory Council who is a senior officer of the Department is not entitled to vote at meetings of the Council.","sortOrder":306},{"sectionNumber":"251","sectionType":"section","heading":"Commercial Fishing NSW Advisory Council","content":"#### 251 Commercial Fishing NSW Advisory Council\n\n251 Commercial Fishing NSW Advisory Council\n\n> > (1) The Commercial Fishing NSW Advisory Council is to be composed of the following members—\n> > \n> > > (a) for each restricted fishery, 1 person who—\n> > > \n> > > > (i) is an employee or office holder of an industry body that represents the fishery, or\n> > > \n> > > > (ii) is eligible for an endorsement in the restricted fishery (other than a nominated fisher) who, in the opinion of the Minister, has expertise (or has shown leadership) in the fishery or in the commercial sector of the fishing industry generally,\n> > \n> > > (b) for each share management fishery, 1 person who—\n> > > \n> > > > (i) is an employee or office holder of an industry body that represents the fishery, or\n> > > \n> > > > (ii) holds shares in the fishery and who, in the opinion of the Minister, has expertise (or has shown leadership) in the fishery or in the commercial sector of the fishing industry generally,\n> > \n> > > (c) the person appointed to the Ministerial Fisheries Advisory Council under clause 248 (1) (a),\n> > \n> > > (d) an Aboriginal person who is a commercial fisher,\n> > \n> > > (e) a nominee of the Secretary.\n> \n> > (2) The member of the Commercial Fishing NSW Advisory Council who is the nominee of the Secretary is not entitled to vote at meetings of the Council.","sortOrder":307},{"sectionNumber":"Part 16","sectionType":"part","heading":"Miscellaneous","content":"# Part 16 Miscellaneous\n\nPart 16 Miscellaneous","sortOrder":308},{"sectionNumber":"252","sectionType":"section","heading":"Constitution of compensation review panel","content":"#### 252 Constitution of compensation review panel\n\n252 Constitution of compensation review panel\n\n> > (1) For the purposes of section 34O (2) of the Act, a panel is to be composed of the following members appointed by the Minister—\n> > \n> > > (a) 1 person who, in the opinion of the Minister, has expertise in valuation and is otherwise appropriately qualified to conduct the review (not being a person who is engaged in the administration of the Act or in commercial fishing),\n> > \n> > > (b) 1 person who, in the opinion of the Minister, has extensive practical experience in the commercial fishing industry (not being a person who is engaged in the administration of the Act or a person who has a financial interest in the fishery to which the review relates),\n> > \n> > > (c) an officer of the Department.\n> \n> > (2) The member referred to in subclause (1) (a) is to be the chairperson of the panel.\n> \n> > (3) A decision supported by the majority of the members of a panel is the decision of the panel.\n> \n> > (4) The procedure of the panel is to be determined by the Minister.","sortOrder":309},{"sectionNumber":"253","sectionType":"section","heading":"Interstate fisheries officers are fisheries officers in NSW","content":"#### 253 Interstate fisheries officers are fisheries officers in NSW\n\n253 Interstate fisheries officers are fisheries officers in NSW\n\n> For the purposes of section 243 (1) (d) of the Act, persons appointed to enforce a law relating to commercial fishing operations of the Commonwealth, another State or a Territory are prescribed as fisheries officers.","sortOrder":310},{"sectionNumber":"254","sectionType":"section","heading":"Fishing assets for Aboriginal fishing assistance programs","content":"#### 254 Fishing assets for Aboriginal fishing assistance programs\n\n254 Fishing assets for Aboriginal fishing assistance programs\n\n> For the purposes of paragraph (c) of the definition of fishing assets in section 237B (11) of the Act, fishing assets includes the following—\n> \n> > (a) a fishing business that has an endorsement in a restricted fishery as a component,\n> \n> > (b) an aquaculture lease granted by the Minister under section 163 of the Act.","sortOrder":311},{"sectionNumber":"255","sectionType":"section","heading":"Forfeiture offences","content":"#### 255 Forfeiture offences\n\n255 Forfeiture offences\n\n> For the purposes of section 265 (2) of the Act, the following are declared to be forfeiture offences—\n> \n> > (a) an offence against section 14, 16, 17, 18, 19, 20, 20A, 21B, 24, 25, 35, 65, 68, 102, 104, 108, 112, 220ZA, 220ZB, 220ZC or 247 of the Act,\n> \n> > (b) a share forfeiture offence (within the meaning of section 75 of the Act),\n> \n> > (c) an offence against clause 79 or 81 of this Regulation.\n> \n> Note.\n> \n> Under section 265 of the Act, a fisheries officer may seize a boat or motor vehicle that the officer has reason to believe has been used by a person engaged in commercial fishing activities for the purpose of committing a forfeiture offence.","sortOrder":312},{"sectionNumber":"256","sectionType":"section","heading":"Payment by instalments","content":"#### 256 Payment by instalments\n\n256 Payment by instalments\n\n> > (1) Despite any other provision of this Regulation, but subject to the Act, the Minister may approve the payment by instalments of any fee, charge or other amount payable under the Act or this Regulation.\n> \n> > (2) An approval may establish guidelines in accordance with which instalments are to be paid.\n> \n> > (3) An approval may require interest to be paid on late instalments, at a rate not exceeding the rate payable on judgments of the Supreme Court.\n> \n> > (4) If a person fails to pay an instalment on or before the due date, the total amount of all instalments unpaid on that date, together with any interest, becomes due and payable.","sortOrder":313},{"sectionNumber":"257","sectionType":"section","heading":"Offences under 1935 Act","content":"#### 257 Offences under 1935 Act\n\n257 Offences under 1935 Act\n\n> In this Regulation, a reference to an offence under the Act or the regulations is taken to include a reference to an offence under the [Fisheries Act 1935](/view/html/inforce/current/act-1935-058) (formerly the [Fisheries and Oyster Farms Act 1935](/view/html/inforce/current/act-1935-058)) or regulations made under that Act.","sortOrder":314},{"sectionNumber":"258","sectionType":"section","heading":"Savings","content":"#### 258 Savings\n\n258 Savings\n\n> > (1) Any act, matter or thing that, immediately before the repeal of the repealed Regulation, had effect under the repealed Regulation continues to have effect under this Regulation.\n> \n> > (2) The following restricted fisheries declared under this Regulation are a continuation of the restricted fisheries declared under the repealed Regulation—\n> > \n> > > (a) sea urchin and turban shell restricted fishery,\n> > \n> > > (b) southern fish trawl restricted fishery,\n> > \n> > > (c) inland restricted fishery.\n> \n> > (3) The following advisory councils established by the Minister under this Regulation are a continuation of the advisory councils established by the Minister under the repealed Regulation—\n> > \n> > > (a) Ministerial Fisheries Advisory Council,\n> > \n> > > (b) Recreational Fishing NSW Advisory Council,\n> > \n> > > (c) Aboriginal Fishing Advisory Council,\n> > \n> > > (d) Commercial Fishing NSW Advisory Council.\n> \n> > (4) A person who was a member of an advisory council immediately before the repeal of the repealed Regulation is taken to have been appointed as a member of the advisory council established under this Regulation.\n> \n> > (5) A person who was the chairperson of an advisory council immediately before the repeal of the repealed Regulation is taken to have been appointed as chairperson of the advisory council established under this Regulation.\n> \n> > (6) In this clause, repealed Regulation means the [Fisheries Management (General) Regulation 2010](/view/html/repealed/current/sl-2010-0475).","sortOrder":315},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Bag limits","content":"# Schedule 1 Bag limits\n\nSchedule 1 Bag limits\n\n(Division 2 of Part 2)\n\n**sch 1:** Am 2023 (13), Sch 5\\[2\\]–\\[4\\].","sortOrder":316},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fish and waters protected from commercial fishing","content":"# Schedule 2 Fish and waters protected from commercial fishing\n\nSchedule 2 Fish and waters protected from commercial fishing\n\n(Clause 18 (1))","sortOrder":319},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Fish and waters protected from recreational fishing","content":"# Schedule 3 Fish and waters protected from recreational fishing\n\nSchedule 3 Fish and waters protected from recreational fishing\n\n(Clause 19 (1))\n\n**sch 3:** Am 2021 (482), Sch 1\\[5\\]–\\[18\\]; 2023 (13), Sch 5 \\[22\\] \\[23\\].","sortOrder":387},{"sectionNumber":"117","sectionType":"section","heading":"Port Hacking (Gunnamatta Bay)","content":"#### 117 Port Hacking (Gunnamatta Bay)\n\n117 Port Hacking (Gunnamatta Bay)\n\n> > (1) **Waters**: The whole of the waters of that part of Port Hacking being Gunnamatta Bay and its tributaries of that part north of a line extending northeasterly from the southernmost extremity of Burrameer (Burraneer) Point to the southernmost extremity of Hungry Point.\n> \n> > (2) **Prohibited fishing method**: Any method.\n> \n> > (3) **Species of fish that must not be taken**: All species of worms (class *Polychaeta*), nippers (family *Callianassidae*) and shellfish.\n> \n> > (4) **Period**: All year.","sortOrder":505},{"sectionNumber":"118","sectionType":"section","heading":"Port Hacking (Simpson’s Bay Beach to Costens Point)","content":"#### 118 Port Hacking (Simpson’s Bay Beach to Costens Point)\n\n118 Port Hacking (Simpson’s Bay Beach to Costens Point)\n\n> > (1) **Waters**: The whole of the foreshore of Port Hacking from the east end of Simpson’s Bay Beach generally west to the westernmost end of Costens Point (including the foreshore extending from the mean high water mark, to 200 metres horizontally seaward from the mean low water mark).\n> \n> > (2) **Prohibited fishing method**: Any method.\n> \n> > (3) **Species of fish that must not be taken**: All species of shellfish.\n> \n> > (4) **Period**: All year.","sortOrder":506},{"sectionNumber":"119","sectionType":"section","heading":"Wattamolla Lagoon","content":"#### 119 Wattamolla Lagoon\n\n119 Wattamolla Lagoon\n\n> > (1) **Waters**: The whole of the waters of Wattamolla Lagoon (Royal National Park).\n> \n> > (2) **Prohibited fishing method**: Any method involving the use of a net or a trap, other than a landing net.\n> \n> > (3) **Species of fish that must not be taken**: Any species of fish.\n> \n> > (4) **Period**: All year.","sortOrder":507},{"sectionNumber":"120","sectionType":"section","heading":"Bellambi Point","content":"#### 120 Bellambi Point\n\n120 Bellambi Point\n\n> > (1) **Waters**: The whole of the waters adjacent to Bellambi Point from a line drawn from the northernmost point of the breakwater nearest to Bellambi Point boat ramp in a direction of 55° northeasterly for a distance of 150 metres, then in a direction of 360° due north for a distance of 85 metres to a line bearing 270° due west for a distance of 280 metres, then in a direction of 180° due south to the foreshore at the mean high water mark, then along the foreshore in a generally easterly direction to the breakwater, then along the breakwater at the mean high water mark to the point of commencement.\n> \n> > (2) **Prohibited fishing method**: Any method involving the use of a lobster trap.\n> \n> > (3) **Species of fish that must not be taken**: Any species of fish.\n> \n> > (4) **Period**: All year.","sortOrder":508},{"sectionNumber":"121","sectionType":"section","heading":"Port Kembla (Outer Harbour)","content":"#### 121 Port Kembla (Outer Harbour)\n\n121 Port Kembla (Outer Harbour)\n\n> > (1) **Waters**: The whole of the waters of the Outer Harbour of Port Kembla within the following boundary: east of a line drawn from the green navigation light on the western end of the northern bank of the inner harbour entrance canal to the red navigation light at the western end of the southern bank of the inner harbour entrance canal, and from the northernmost extremity of the eastern breakwater, west to the southern extremity of the northern breakwater.\n> \n> > (2) **Prohibited fishing method**: Any method involving the use of a net or trap, other than a landing net.\n> \n> > (3) **Species of fish that must not be taken**: Any species of fish.\n> \n> > (4) **Period**: All year.","sortOrder":509},{"sectionNumber":"122","sectionType":"section","heading":"Port Kembla (Inner Harbour)","content":"#### 122 Port Kembla (Inner Harbour)\n\n122 Port Kembla (Inner Harbour)\n\n> > (1) **Waters**: The whole of the waters of the Inner Harbour of Port Kembla, formerly known as Tom Thumb’s Lagoon, and its tributaries, west of a line drawn from the green navigation light on the western end of the northern bank of the inner harbour entrance canal to the red navigation light at the western end of the southern bank of the inner harbour entrance canal.\n> \n> > (2) **Prohibited fishing method**: Any method.\n> \n> > (3) **Species of fish that must not be taken**: Any species of fish.\n> \n> > (4) **Period**: All year.","sortOrder":510},{"sectionNumber":"123","sectionType":"section","heading":"Para or Fairy Creek","content":"#### 123 Para or Fairy Creek\n\n123 Para or Fairy Creek\n\n> > (1) **Waters**: The whole of the waters of Para or Fairy Creek and its tributaries, from its confluence with the South Pacific Ocean.\n> \n> > (2) **Prohibited fishing method**: Any method involving the use of a net, other than a landing net.\n> \n> > (3) **Species of fish that must not be taken**: Any species of fish.\n> \n> > (4) **Period**: All year.","sortOrder":511},{"sectionNumber":"124","sectionType":"section","heading":"Lake Illawarra","content":"#### 124 Lake Illawarra\n\n124 Lake Illawarra\n\n> > (1) **Waters**: The waters of Lake Illawarra from a line drawn between the most easterly points of the southern and northern breakwaters at the entrance of the Lake Illawarra upstream to a white post on the foreshore at the western prolongation of Boronia Avenue, Windang at a point 34°31.76′S, 150°51.78′E, then generally northwesterly to a white post at a point 34°31.74′S, 150°51.73′E, then continuing northwesterly to a white post at a point 34°31.66′S, 150°51.51′E, then southwesterly to a white post at a point 34°31.72′S, 150°51.42′E, then to the northwestern shore of Bevans Island at a point 34°31.92′S, 150°51.37′E, then by that shore of that island bearing generally south southwesterly to a white post marked FD at a point 34°32.13′S, 150°51.19′E at the westernmost extremity of the island, then in a south southwesterly direction to a white post marked FD at a point 34°32.39′S, 150°51.07′E on the southern shore of Lake Illawarra at the eastern point of the entrance to Foster’s Creek; then by the southern foreshore of Lake Illawarra generally northeasterly and southeasterly to the point of commencement.\n> \n> > (2) **Prohibited fishing method**: Any method involving the use of the following—\n> > \n> > > (a) a hoop or lift net,\n> > \n> > > (b) a hand-hauled prawn net,\n> > \n> > > (c) a push or scissors net (prawns),\n> > \n> > > (d) a crab trap,\n> > \n> > > (e) a lobster trap.\n> \n> > (3) **Species of fish that must not be taken**: Any species of fish.\n> \n> > (4) **Period**: All year.","sortOrder":512},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Waters in which spearfishing is prohibited","content":"# Schedule 4 Waters in which spearfishing is prohibited\n\nSchedule 4 Waters in which spearfishing is prohibited\n\n(Clause 52 (1) (b))\n\nNote.\n\nThis Schedule lists the waters from which taking fish by use of a spear gun is prohibited under clause 52 (1) (b). Clause 52 (1) (a) also prohibits the taking of fish from any inland waters by use of a spear gun.\n\nBellinger River\n\nCounty of Raleigh: The whole of the waters of that part of the Bellinger River within the following boundaries: commencing at a point on the western bank of the north arm of the River due west of the northern extremity of the northern training wall and then bounded by a line easterly to that training wall; then by the northern training wall and the northern breakwater southerly and southeasterly to the eastern extremity of the northern breakwater; then by a line southeasterly to the eastern extremity of the southern breakwater; then by that breakwater and the southern training wall northwesterly to the northwestern extremity of the southern training wall; then by a line northeast to the inner training wall; then by that training wall and the western bank of the north arm southeasterly and northerly to the point of commencement; and the whole of the waters of South Lagoon together with all its creeks, tributaries and inlets.\n\nBoambee Creek\n\nCounty of Raleigh, Parish of Bonville: The whole of the waters of Boambee Creek, together with all its tributaries extending from the South Pacific Ocean upwards to its source.\n\nBonville Creek\n\nCounty of Raleigh, Parish of Bonville: The whole of the waters of Bonville Creek, together with all its tributaries extending from the South Pacific Ocean upwards to its source.\n\nBrisbane Water\n\nCounty of Northumberland: The whole of the waters of that part of Brisbane Water together with all its tributaries north of a line drawn westerly from the southern extremity of Box or Hawk Head to the eastern extremity of Green Point.\n\nBrunswick River\n\nThat part of the South Pacific Ocean within the following boundaries: Commencing at high water mark at a point 1,000 metres north of the northwestern corner of the northern training wall of the Brunswick River, County of Rouse, Parish of Billinudgel; then by that high water mark and the training wall to the easternmost point of the northern training wall; then by a line to the easternmost point of the southern training wall; then by that training wall and high water mark to a point 1,000 metres south of the southwestern corner of the southern training wall; then by a line due east for 400 metres; then by a line generally northwesterly to a point 400 metres due east of the point of commencement and then by a line due west to the point of commencement.\n\nBrunswick River\n\nCounty of Rouse, Parishes of Brunswick and Billinudgel: The whole of the waters of Brunswick River and its tributaries from the easternmost extremities of the training walls to its source, excluding that part west of the traffic bridge (Pacific Highway) and that part north of the training walls in Marshall Creek and that part south of the foot bridge which crosses Simpsons Creek.\n\nBurrill Lake\n\nCounty of St Vincent, Parishes of Ulladulla and Woodburn: The whole of the entrance waters to Burrill Lake, including the tributaries extending from a line drawn across the entrance waters from the northernmost point of Thisleton’s Point in a northeastern direction bearing 23°, about 291 metres to a point on the northeastern foreshore of the lake, downwards to the South Pacific Ocean.\n\nCamden Haven Inlet\n\nThe waters of that part of Camden Haven Inlet, from a line drawn across the entrance to the inlet from the easternmost extremity of the northern training wall to the easternmost extremity of the southern training wall, upstream to the bridge across the Inlet at Laurieton and including the waters of Gogley’s Bay and Gogley’s Creek, and that part of the waters of Queens Lake Entrance, from their confluence with Camden Haven Inlet upstream to the North Haven road bridge.\n\nCandlagan Creek\n\nCounty of St Vincent: The whole of the waters of Candlagan Creek and adjacent ocean waters below the traffic bridge, commencing from the southeast pylon of the bridge, then by a line bearing 130° to an established concrete cairn at the entrance of the creek, then by a line bearing 66° to a position marked by a broad arrow painted white on the rocks on the northern side of the entrance, then bounded by the northern shore of Candlagan Creek to the northeastern pylon of the bridge, then along the bridge to the point of commencement.\n\nClarence River\n\nCounty of Clarence: The waters of that part of the main Clarence River from a line drawn across the entrance to that river from the eastern extremity of the Iluka training wall to the eastern extremity of the Yamba training wall, upstream to a line drawn southwesterly from the northwestern extremity of the Goodwood Island training wall to the northwestern extremity of Orogandiman or Freeburn Island; then generally southeasterly by the northern and northeastern foreshores of that island to the northwestern extremity of the middle training wall at the northern end of the old viaduct and then across to the southern end of that viaduct on the southern foreshore of the Clarence River; then by the southern foreshore of the Clarence River (including Yamba Bay) to the commencing point at the eastern extremity of the Yamba training wall; together with the waters of those parts of the Clarence River and the South Pacific Ocean from the Yamba training wall by the coastline to a point 20 metres south of Yamba Point and extending easterly from that coastline for a distance of 400 metres.\n\nClovelly Bay and Gordons Bay\n\nThe whole of the waters of Clovelly Bay and Gordons Bay including waters encompassed by a line commencing at the southeastern extremity of Shark Point, extending southeasterly for 100 metres to a point 33°54.950′S, 151°16.300′E, then generally southwesterly to a point 33°55.100′S, 151°15.800′E, then 100 metres northwesterly to the easternmost point of the southern headland of Gordons (or Thompsons) Bay, then by the mean high water mark to the point of commencement.\n\nConjola Lake\n\nCounty of St Vincent: The waters of that part of Conjola Lake and the whole of the waters of Berringer Lake, together with all their tributaries eastwards of a line drawn from the northern extremity of Roberts Point to the western extremity of Station Point, downstream to the South Pacific Ocean.\n\nCrescent Head\n\nCounty of Macquarie, Parish of Palmerston, Suburban Lands of Crescent Head: The whole of the tidal waters of that part of the South Pacific Ocean extending seawards for a distance of 400 metres from the line of high water, between the prolongation of the northern boundary of portion 325, and the prolongation of the northernmost northwestern boundary of Reserve No 63725 for Public Recreation and Resting Place, notified 13 January 1933.\n\nCudgen Creek\n\nCounty of Rouse, Parish of Cudgen: The whole of the waters of that part of Cudgen Creek north of the traffic bridge at Kingscliff.\n\nCudgera Creek\n\nCounty of Rouse, Parish of Cudgen: The whole of the waters of Cudgera Creek, together with its tributaries upwards to its source from the South Pacific Ocean.\n\nEvans River\n\nCounty of Richmond, Parish of Riley at Evans Head: The whole of the tidal waters of the Evans River together with its tributaries, from the Pacific Highway bridge, downstream to its meeting with the South Pacific Ocean, together with the waters of the South Pacific Ocean for a distance of 50 metres from the northern breakwall of the River.\n\nHastings River\n\nCounty of Macquarie: The whole of the waters of that part of the Hastings River within the following boundaries: commencing at the eastern extremity of the northern breakwater and bounded by that breakwater and the northern training wall generally westerly and northerly to the P.W.D. Coal Wharf; then by a line southwesterly to a point on the high water mark of that river at its intersection with the northerly prolongation of the eastern side of Park Street, Port Macquarie; then by that high water mark southeasterly to the confluence of Kooloonbung Creek with the river northeasterly, and the high water mark of the Hastings River generally northeasterly to the southern training wall; then by that training wall, and the southern breakwater generally easterly to the eastern extremity of that breakwater and then by a line northerly to the point of commencement; and the whole of the waters of Kooloonbung Creek, Lake Innes, Cathie Lake and Cathie Creek and their tributaries.\n\nKillick Creek\n\nCounty of Macquarie, Parish of Palmerston and Beranghi, Suburban Lands of Crescent Head: The whole of the waters of Killick or Crescent Head Creek and its tributaries, upwards from its confluence with the South Pacific Ocean to its source.\n\nKorogoro Creek\n\nCounty of Macquarie, Parish of Kinchela: The whole of the waters of Korogoro (Hat Head) Creek and Killick or Crescent Head Creek and their tributaries, upwards from their confluence with the South Pacific Ocean to their source.\n\nLake Illawarra\n\nThe waters of Lake Illawarra from a line drawn between the most easterly points of the southern and northern breakwaters at the entrance of the Lake Illawarra upstream to a white post on the foreshore at the western prolongation of Boronia Avenue, Windang at a point 34°31.76′S, 150°51.78′E, then generally northwesterly to a white post at a point 34°31.74′S, 150°51.73′E, then continuing northwesterly to a white post at a point 34°31.66′S, 150°51.51′E, then southwesterly to a white post at a point 34°31.72′S, 150°51.42′E, then to the northwestern shore of Bevans Island at a point 34°31.92′S, 150°51.37′E, then by that shore of that island bearing generally south southwesterly to a white post marked FD at a point 34°32.13′S, 150°51.19′E at the westernmost extremity of the island, then in a south southwesterly direction to a white post marked FD at a point 34°32.39′S, 150°51.07′E on the southern shore of Lake Illawarra at the eastern point of the entrance to Foster’s Creek, then by the southern foreshore of Lake Illawarra generally northeasterly and southeasterly to the point of commencement.\n\nLake Macquarie\n\nCounty of Northumberland: The whole of the waters of that part of the entrance to Lake Macquarie including Black Ned’s Bay extending generally easterly to the South Pacific Ocean, from a line across that entrance being the easterly prolongation of the northern side of Rawson Street, Swansea, County Northumberland and the whole of the waters of that part of the South Pacific Ocean west of a line joining the more easterly extremities of the northern and southern breakwaters at the entrance to Lake Macquarie.\n\nManning River\n\nCounties of Gloucester and Macquarie: The whole of the tidal waters of that part of the Manning River at Harrington within the following boundaries: commencing at the southwestern extremity of the northern training wall and bounded by a line west to the northwestern bank of Manning River, by the line of high water mark generally northerly and easterly to the breakwater; by that breakwater generally easterly to its eastern extremity, by a line southwesterly to the northern extremity of the sandbank forming the southern point of entrance of Manning River (Harrington Inlet), by the line of high water mark of the southeastern bank of the Manning River generally southwesterly to the eastern shore of the mouth of Mangrove Creek; and then by a line generally northeasterly to the point of commencement.\n\nManning River\n\nCounty of Macquarie, Parish of Harrington: The whole of the waters of the lagoon north of the northern training wall at Manning River and near the entrance of the river, known as the Harrington Swimming Lagoon.\n\nMinnamurra River\n\nCounty of Camden, Parishes of Terragong and Kiama: The whole of the waters of Minnamurra River, its tributaries from its source downwards to the South Pacific Ocean.\n\nMooball Creek\n\nCounty of Rouse, Parish of Cudgen: The whole of the tidal waters of that part of Mooball Creek from the traffic bridge at Pottsville downstream to its confluence with the waters of the South Pacific Ocean.\n\nMyall River\n\nCounty of Gloucester, Parish of Fens: The whole of the waters of Myall River and Paddy Marr’s Bar between a line drawn from the southern tip of Dredge Island due east to the eastern bank and due west to the western bank of the river and a line drawn due east and west from the southwestern end of the training wall in Paddy Marr’s Bar but exclusive of Corrie Creek from its confluence with the Myall River.\n\nNambucca River\n\nCounty of Raleigh, Parish of Nambucca: The tidal waters of that part of the Nambucca River and its tributaries (except Warrell or Gurravembi Creek) within the following boundaries: commencing at the eastern extremity of the northern breakwater at the entrance of the Nambucca River, and bounded by a line bearing southwest to the northernmost extremity of the right bank of that river at its entrance, then by that bank generally southwesterly to a point due east of Warrell Point, and by a line to that point, and by that bank southwesterly to a point due east of the southern extremity of Stuart’s Island, and by a line due west to the left bank of the river, then by that bank northeasterly and easterly to the northern breakwater, and by that breakwater easterly to the point of commencement.\n\nNarrabeen Lake\n\nCounty of Cumberland, Parishes of Narrabeen and Manly Cove: The whole of the waters of Narrabeen Lake and its tributaries.\n\nNelson Bay Boat Harbour\n\nCounty of Gloucester, Parish of Tomaree: The whole of the waters of Nelson Bay Boat Harbour within the walls and extending a distance of 50 metres from the outer edge of both walls into the waters of Port Stephens commencing at the junction of the western wall and Teramby Street to the junction of the eastern wall and Nelson Bay beach.\n\nOcean Beaches\n\nThe whole of the waters within territorial limits on the whole of the ocean beaches within the State of New South Wales, but exclusive of 20 metres at each extremity of each ocean beach.\n\nPort Hacking\n\nCounty of Cumberland: The whole of the waters of Port Hacking and its tributaries west of a line drawn from the eastern extremity of Glaisher Point to the northern extremity of Port Hacking Point.\n\nPort Jackson\n\nCounty of Cumberland, Parish of Willoughby: The whole of the waters of North Harbour, Manly Cove, Little Manly Cove and Spring Cove and their tributaries, north of a line drawn between Grotto Point and outer North Head and those waters of Chowder Bay west of a line drawn from the easternmost extremity of Chowder Head, to the foreshore of the southeasternmost extremity of Georges Head on the eastern side of the Army Maritime School.\n\nRed Bank River\n\nCounties of Fitzroy and Clarence: The waters of Red Bank River and Saltwater and Corindi Creeks and their tributaries, downstream from a line drawn from a white post marked FD erected on Jewfish Point, and bearing 344° across the river, to the river’s confluence with the South Pacific Ocean.\n\nRichmond River\n\nCounties of Richmond and Rouse: The whole of the waters of the Richmond River and its tributaries upstream from a line drawn between eastern extremities of the northern and southern breakwalls at its confluence with the South Pacific Ocean to the Burns Point ferry crossing.\n\nSandy Beach Creek\n\nCounty of Auckland, Parish of Bournda: The whole of the waters of Sandy Beach Creek and Bournda Lagoon and their tributaries.\n\nShelly Beach Lagoon\n\nThe whole of the waters of Shelly Beach Lagoon bounded by the reef that surrounds the lagoon at the southern end of Shelly Beach in Port Macquarie.\n\nSouth West Rocks Creek\n\nCounty of Macquarie, Parish of Arakoon: The whole of the waters of South West Rocks Creek (or Back Creek) and the whole of the waters of that part of the Macleay River and that part of the South Pacific Ocean lying generally north and northeasterly of a line drawn across the River in a southeasterly direction from the southernmost extremity of Shark Island to the point of highwater mark on the northern edge of the public boat ramp on the eastern training wall, fronting portion 302, to the easternmost extremities of the northern and southern breakwaters of the Macleay River, and including the waters of the South Pacific Ocean within 100 metres of the northwestern side of the northern breakwater and within 100 metres on the southeastern side of the southern breakwater.\n\nSussex Haven\n\nCounty of St Vincent, Parishes of Farnham and Bherewerre: The whole of the waters of that part of Sussex Haven, its creeks and inlets, and that part of St Georges Basin, its creeks and bays, between a line drawn northeasterly from the most easterly southeastern corner of Reserve 81746 for Public Recreation notified 3 July 1959, to the point of junction of the eastern shore of Sussex Haven with the shore of the South Pacific Ocean and a line from the easternmost extremity of Kangaroo Point bearing 144° to a point marked broad arrow over FD on the southern shore of the Basin, situated about 1.6 km easterly from the junction of the southern shore of the Basin with the eastern shore of Sussex Haven.\n\nTuggerah Lake Entrance\n\nCounty of Northumberland: The waters of Tuggerah Lake Entrance within the following boundaries: commencing at the northwest corner of lots A and B of Strata Plan No 4000 on Marine Parade; then by a line bearing 90° for a distance of 160 metres; then by a line bearing generally northwesterly to the southeast extremity of Karagi Point; then continuing generally northerly along the mean highwater mark of the eastern shore of Tuggerah Lake to PWD Survey mark No 215 at Coogee Avenue; then continuing generally southwesterly to the northwesternmost point of Terilbah Island and to PWD Survey Mark No 217 on Picnic Point; then generally easterly and southeasterly along mean highwater mark of the southern shore of Tuggerah Lake to the point where the line bearing 90° from the point of commencement intersects the mean highwater mark.\n\nTweed River\n\nCounty of Rouse, Parish of Terranora: The whole of the tidal waters of that part of the Tweed River within the following boundaries: commencing at the easternmost extremity of the northern breakwater at the entrance to Tweed River and bounded by the high water mark of the western training wall, inclusive of northern boatharbour, generally south to its point of commencement, by the high water mark of Greenbank Island as reclaimed to the southern boatharbour, by the high water mark of the boatharbour, by the high water mark generally southwest to Boyd’s Bay bridge, by the eastern side of that bridge, by the southwestern bank of Ukerebagh Passage to a point being the intersection of the northeastern prolongation of the northwestern boundary of portion 374 with the high water mark of that bank, and then by a line easterly to the westernmost extremity of Ukerebagh Island, by the northwestern shore of Ukerebagh Island to the northernmost extremity of that island then by a line drawn northeasterly to the end of the eastern training wall by the high water mark of that wall inclusive of the tidal waters of Kerosene Inlet on the eastern side of the eastern training wall and then to the high water mark of the southern breakwater northwesterly and northeasterly to the easternmost extremity of that breakwater and then by a line across the entrance to the Tweed River to the point of commencement.\n\nWagonga River\n\nCounty of Dampier, Parishes of Wagonga and Narooma: That part of the waters of Wagonga River, east of a line from the Princess Highway road bridge to a line drawn between the eastern extremities of the northern and southern training walls at the entrance to Wagonga River.\n\nWallis Lake\n\nCounty of Gloucester, Parish of Forster, at Wallis Lake: That part of the tidal waters within the following boundaries: commencing at the entrance to Wallis Lake at the eastern extremity of the northern breakwater; and bounded by that breakwater and a part of the foreshores of the Village of Tuncurry generally southerly to the southerly prolongation of the western side of Wharf Street; then by a line drawn southwesterly to the northern foreshore at a point 32°10.97′S, 152°29.88′E; then by a line drawn generally southerly to the northern foreshore at a point 32°11.27′S, 152°29.89′E; then by a line drawn generally southeasterly to the southwestern foreshore of Godwin Island at a point 32°11.56′S, 152°29.99′E; then by the northern foreshore of that island northeasterly to the northernmost point; then by a line drawn generally northeasterly to the western prolongation of the southern boundary of section 27, Village of Forster; then by that foreshore generally northerly to the southern breakwater; by that breakwater to its eastern extremity and by a line across the entrance to the point of commencement.\n\nWonboyn River\n\nCounty of Auckland, Parishes of Wonboyn and Narrabarba: The whole of the entrance waters of Wonboyn River downwards to their confluence with the South Pacific Ocean from a line drawn in a southerly direction from the northwesternmost foreshore at a point 37°14.57′S, 149°55.91′E to the westernmost foreshore at a point 37°14.69′S, 149°55.88′E.\n\nWoody Bay\n\nCounty of Clarence, Parish of Nanegai, Shire of Maclean: Being the area known as Woody Bay and commencing from the broad arrow on a rock and marked FD, north of portion 54 then in a northerly direction for approximately 300 metres to a spike in the rock, then generally in a westerly direction to Big Knobby Rock, then in a southwesterly direction to a 10 × 10 centimetre peg on the foreshore, then along the mean high water mark to the point of commencement.","sortOrder":607},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Importation of live fish—prohibited species","content":"# Schedule 5 Importation of live fish—prohibited species\n\nSchedule 5 Importation of live fish—prohibited species\n\n(Clause 230)\n\n| Column 1 | Column 2 |\n| Species | Common name |\n| Trichomycteridae family | Candiru, Pencil Catfish |\n| Crenicichla spp. | Pike Cichlid |\n| Pseudoplatystoma fasciatum | Tiger Catfish |\n| Polypteridae family | Bichir |\n| Scortum barcoo | Barcoo Grunter |\n| Bidyanus welchi | Welch’s Grunter |\n| Hephaestus fuliginosus | Sooty Grunter |\n| Oxyeleotris lineolata | Sleepy Cod |\n| Any hybrid between members of the Terapontidae family | Hybrid Grunter |\n| Salmo salar | Atlantic Salmon |\n| Salvelinus fontinalis | Brook Trout |\n| Salmo trutta | Brown Trout |\n| Oncorhynchus mykiss | Rainbow Trout |\n| Lates calcarifer | Barramundi |\n| Cherax cainii | Marron |\n| Cherax quadricarinatus | Redclaw |\n| Haliotis spp. other than Haliotis rubra | Abalone other than Blacklip Abalone |\n| Crassostrea gigas | Pacific Oyster |\n\n**sch 5:** Am 2023 (13), Sch 5\\[3\\].","sortOrder":608},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Fees","content":"# Schedule 6 Fees\n\nSchedule 6 Fees\n\n| Column 1 | Column 2 | Column 3 |\n| Item | Matter for which fee is payable | Amount |\n| 1 | Recreational fishing fee (clause 66)— |  |\n|  | (a) for period of 3 days | $7 |\n|  | (b) for period of 1 month | $14 |\n|  | (c) for period of 12 months | $35 |\n|  | (d) for period of 3 years | $85 |\n| 2 | Issue of replacement fishing fee receipt (clause 67 (3)) | $8 |\n| 3 | Fishing fee exemption certificates (clause 72 (3))— |  |\n|  | (a) a 1 year exemption certificate under section 34I (3) (a) of the Act that operates to exempt up to 4 persons at a time carrying out recreational fishing activities under supervision or guidance | $140 |\n|  | (b) a 1 year exemption certificate under section 34I (3) (a) of the Act that operates to exempt up to 80 persons at a time carrying out recreational fishing activities under supervision or guidance on or from private land as part of commercial tourism business | $2,800 |\n|  | (c) a 1 year exemption certificate under section 34I (3) (b) of the Act that operates to exempt up to 4 passengers at a time carrying out recreational fishing activities on boat | $140 |\n|  | (d) a 1 year exemption certificate under section 34I (3) (b) of the Act that operates to exempt between 5 and 9 passengers at a time carrying out recreational fishing activities on boat— |  |\n|  | (i) base fee, and | $140 |\n| (ii) for the fifth and each additional passenger to be exempted | $35 |\n|  | (e) a 1 year exemption certificate under section 34I (3) (b) of the Act that operates to exempt 10 or more passengers at a time carrying out recreational fishing activities on a boat | $350 |\n| 4 | Application for amendment of fishing fee exemption certificate (clause 73 (3) (a)) | $14 |\n| 5 | Permit or renewal of permit to use explosives (clause 80 (5)) | $359 |\n| 6 | Permit or renewal of permit to use electrical devices (clause 82 (5)) | $359 |\n| 7 | Application for permit or renewal of permit under section 37 of the Act (clause 97)— |  |\n|  | (a) marine park permit | $82 |\n|  | (b) permit for research purposes | $400 |\n|  | (c) permit for aquarium collection purposes | $189 |\n|  | (d) permit for purpose approved by Minister | $400 |\n| 7A | Application for permit or renewal of permit to gather marine vegetation for commercial purposes (clause 98A(5)) | $189 |\n| 8 | Special endorsement in share management fishery (clause 101) | $160 |\n| 9 | Application for registration of share transfer transaction (clause 104 (1) (a)) | $320 |\n| 10 | Application for registration of other share transaction (clause 104 (1) (b)) | $561 |\n| 11 | Inspection of 1 entry in Share Register conducted with assistance of officer of Department (clause 105 (a)) | $19 |\n| 12 | Inspection of 1 registered document retained by Secretary (clause 105 (b)) | $82 |\n| 13 | Application for issue of commercial fishing licence for 1 year term (clause 108(2)) | $297 |\n| 14 | Application for issue of commercial fishing licence for 5 year term (clause 108(2)) | $471 |\n| 15 | Application for issue of commercial fishing licence for 10 year term (clause 108(2)) | $645 |\n| 16 | Application for renewal of commercial fishing licence for 1 year term (clause 112(2A)) | $171 |\n| 17 | Application for renewal of commercial fishing licence for 5 year term (clause 112(2A)) | $345 |\n| 17A | Application for renewal of commercial fishing licence for 10 year term (clause 112(2A)) | $519 |\n| 18 | Manual transfer of red sea urchin quota (clause 137 (3)) | $240 |\n| 19 | Approval of transfer of inland fishery endorsement (clause 164 (1)) | $320 |\n| 20 | Application for approval by Secretary of transfer of endorsement or share (clause 184 (6)) | $320 |\n| 21 | Application for registration as Class A registered fish receiver (clause 189 (2)) | $1,201 |\n| 22 | Application for registration as Class B registered fish receiver (clause 189 (2))— |  |\n|  | (a) for 1 or 2 premises at which fish receiver receives fish, and | $3,917 |\n|  | (b) for each additional premises | $1,958 |\n| 23 | Issue or reissue of annual charter fishing licence, clause 209(1) and (3)(b) | $761 |\n| 24 | Renewal of annual charter fishing licence, clause 209(1) | $601 |\n| 25 | Annual contribution for each declared charter fishing activity specified on charter fishing licence, clause 210(1) | $120 |\n| 26 | Electronic transfer of charter fishing business, clause 223(2)(a) | $200 |\n| 27 | Manual transfer of charter fishing business by manual transfer, clause 223(2)(b) | $401 |\n| 28 | Application for permit under Part 7 of the Act (clause 224 (1) (a)) | $179 |\n| 29 | Minor assessment (clause 224 (3) (a)) | $179 |\n| 30 | Moderate assessment (clause 224 (3) (b)) | $418 |\n| 31 | Major assessment (clause 224 (3) (c)) | $1,497 |\n| 32 | Complex assessment (clause 224 (3) (d)) | $3,891 |\n| 33 | Additional assessment (clause 224 (7))—for each hour (or part of an hour) of work performed | $74 |\n\n**sch 6:** Am 2020 No 30, Sch 1.19\\[2\\]; 2022 (688), Sch 3\\[20\\]; 2023 (13), Sch 5\\[24\\].","sortOrder":609},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Members and procedure of advisory councils—the Act, Part 8, Div 2","content":"# Schedule 7 Members and procedure of advisory councils—the Act, Part 8, Div 2\n\nSchedule 7 Members and procedure of advisory councils—the Act, Part 8, Div 2\n\n**sch 7:** Am 2021 (482), Sch 1\\[19\\]–\\[21\\]; 2025 (37), Sch 1\\[3\\] \\[4\\].","sortOrder":610},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 8 Penalty notice offences\n\nSchedule 8 Penalty notice offences\n\n**sch 8:** Am 2022 (688), Sch 3\\[21\\]; 2023 (13), Sch 5\\[25\\]–\\[28\\].","sortOrder":626},{"sectionNumber":"sch.8-sec","sectionType":"section","heading":null,"content":"#### sch.8-sec\n\n> > (1) For the purposes of section 276 of the Act—\n> > \n> > > (a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and\n> > \n> > > (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.\n> \n> > (2) If the reference to a provision in this Schedule is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is an offence for which a penalty notice may be issued only if it is an offence of a kind so specified or is committed in the circumstances so specified.\n> \n> > (3) For the purposes of section 276 (6) of the Act, a fisheries officer is prescribed as an authorised officer in relation to each offence specified in this Schedule.\n> \n> | Column 1 | Column 2 |\n> | Provision | Penalty |\n> | Part 1 Offences under the Act |\n> | Section 14 (1)—where fish are being taken for sale | $1,500 |\n> | Section 14 (1)—in any other case | $500 |\n> | Section 14 (2)—where fish are being taken for sale | $1,500 |\n> | Section 14 (2)—in any other case | $500 |\n> | Section 16 (1)–(4) | $500 |\n> | Section 17 (2) and (2A) | $500 |\n> | Section 18 (2) and (2A) | $500 |\n> | Section 19 (2)—where fish are being taken for sale | $1,500 |\n> | Section 19 (2)—in any other case | $500 |\n> | Section 19 (3)—where fish are being taken for sale | $1,500 |\n> | Section 19 (3)—in any other case | $500 |\n> | Section 20 (3) (a) and (c) and (5) | $2,750 |\n> | Section 20 (3) (b) | $5,500 |\n> | Section 20A (3) (a) and (b) | $500 |\n> | Section 20B (1) | $1,000 |\n> | Section 22 (2) | $200 |\n> | Section 24 (1)—where fish are being taken for sale | $1,000 |\n> | Section 24 (1)—in any other case | $500 |\n> | Section 25 (1)—where fish are being taken for sale | $1,000 |\n> | Section 25 (1)—in any other case | $500 |\n> | Section 34J (1) | $200 |\n> | Section 34J (2) | $75 |\n> | Section 35 (1)—where fish are being taken for sale | $1,000 |\n> | Section 35 (1)—in any other case | $500 |\n> | Section 39 (2) | $200 |\n> | Section 40S (1) and (2) | $1,000 |\n> | Section 65 (1) | $1,000 |\n> | Section 68 (6C) | $1,000 |\n> | Section 70 (4B) | $500 |\n> | Section 87 (4) and (5) | $200 |\n> | Section 88 (2) | $200 |\n> | Section 102 (1)—where fish are being taken by a person who is authorised under the Act, or a law of the Commonwealth or of another State, to take fish for sale but who is not authorised to take fish for sale in the fishery concerned | $2,750 |\n> | Section 102 (1)—in any other case | $500 |\n> | Section 104 (7) | $1,000 |\n> | Section 107A (1) | $500 |\n> | Section 107B (4) | $200 |\n> | Section 109 (2) | $500 |\n> | Section 112 (4) | $1,000 |\n> | Section 117 (1) | $500 |\n> | Section 118 (7) | $500 |\n> | Section 119 (3) | $300 |\n> | Section 121 (4) | $300 |\n> | Section 121 (5) (a) and (b) | $200 |\n> | Section 122 (4) and (6) (a) and (b) | $300 |\n> | Section 122 (5) | $200 |\n> | Section 122A (3) | $300 |\n> | Section 122A (4) (a) and (b) | $200 |\n> | Section 123 (1)–(3) | $500 |\n> | Section 123A (1) | $500 |\n> | Section 124A (5) | $200 |\n> | Section 127C | $500 |\n> | Section 127CA(1) | $500 |\n> | Section 127CB(8) | $500 |\n> | Section 127E (4) | $300 |\n> | Section 127E (5) | $200 |\n> | Section 127EA(4) | $300 |\n> | Section 127EA(6) | $200 |\n> | Section 144 (1) | $500 |\n> | Section 152 (3) | $200 |\n> | Section 155 | $100 |\n> | Section 170 (3) | $200 |\n> | Section 171 (3B) | $200 |\n> | Section 179 (1) (a) and (b) | $200 |\n> | Section 190 (2) | $200 |\n> | Section 200 (1) | $1,000 |\n> | Section 201 (1) | $1,000 |\n> | Section 205 (2) | $500 |\n> | Section 206 (1) | $1,000 |\n> | Section 207 (2) | $200 |\n> | Section 216 (1) | $300 |\n> | Section 217 (1) and (2) | $500 |\n> | Section 219 (1) (a), (b) and (c) | $1,000 |\n> | Section 220AA (3) | $5,000 |\n> | Section 220I (4) | $100 |\n> | Section 220ZA—in relation to the offence of harming fish or marine vegetation of an endangered species, population or ecological community | $2,500 |\n> | Section 220ZA—in relation to the offence of harming fish or marine vegetation of a vulnerable species | $1,000 |\n> | Section 220ZB (1)—in relation to the offence of buying, selling or having in possession fish or marine vegetation of an endangered species | $2,500 |\n> | Section 220ZB (1)—in relation to the offence of buying, selling or having in possession fish or marine vegetation of a vulnerable species | $1,000 |\n> | Section 220ZC (1) | $5,500 |\n> | Section 220ZD (1) | $2,500 |\n> | Section 220ZGB (1) | $500 |\n> | Section 221D (3) | $500 |\n> | Section 221IJ | $2,500 |\n> | Section 221O (5) | $5,000 |\n> | Section 248 (4) | $200 |\n> | Section 249 (3) | $200 |\n> | Section 251 (2) | $200 |\n> | Section 256 (4) | $500 |\n> | Section 257 (4) | $200 |\n> | Section 258 (2) | $200 |\n> | Section 258A (6) | $500 |\n> | Section 279A (1) | $500 |\n> | Schedule 6D, clause 12 | $1,000 |\n> | Part 2 Offences under Fisheries Management (General) Regulation 2019 |\n> | Clause 23 (1) | $500 |\n> | Clause 43(1), (4) and (5) | $500 |\n> | Clause 43(3) and (6) | $100 |\n> | Clause 44 (1) and (2) | $200 |\n> | Clause 45 (1) | $300 |\n> | Clause 46 (1) | $100 |\n> | Clause 47 | $300 |\n> | Clause 48 (1) and (2) | $200 |\n> | Clause 48(2A) | $500 |\n> | Clause 48 (3) | $300 |\n> | Clause 49 (1) | $500 |\n> | Clause 50 (1) and (2) | $200 |\n> | Clause 51 (1) | $300 |\n> | Clause 52 (1) | $300 |\n> | Clause 52 (2) | $500 |\n> | Clause 53 (1) | $200 |\n> | Clause 59 (1) | $100 |\n> | Clause 61 (1) | $500 |\n> | Clause 61 (2) and (3) | $300 |\n> | Clause 62 | $200 |\n> | Clause 63 | $300 |\n> | Clause 74 | $200 |\n> | Clause 75 (1) | $200 |\n> | Clause 77 | $200 |\n> | Clause 78 (2) | $200 |\n> | Clause 79 (1) and (2) | $500 |\n> | Clause 81 (1) | $500 |\n> | Clause 83 (1) | $500 |\n> | Clause 84 (1)–(3) | $100 |\n> | Clause 84 (4) | $200 |\n> | Clause 85 (1) | $200 |\n> | Clause 86 (1)–(3) | $300 |\n> | Clause 87 (1) and (2) | $200 |\n> | Clause 88 (1) | $200 |\n> | Clause 89 (1) and (5) | $300 |\n> | Clause 89 (3) | $100 |\n> | Clause 91 (1) and (2) | $300 |\n> | Clause 92 (1) | $500 |\n> | Clause 93 (1) | $200 |\n> | Clause 93 (2) | $100 |\n> | Clause 95 (1) | $500 |\n> | Clause 96 (1) | $500 |\n> | Clause 98 | $500 |\n> | Clause 114 (1) | $500 |\n> | Clause 136 (1) and (2) | $200 |\n> | Clause 202 | $300 |\n> | Clause 203 (2) | $200 |\n> | Clause 204 (3) | $200 |\n> | Clause 221(1) | $200 |\n> | Clause 225 | $500 |\n> | Clause 246A | $1,000 |\n> | Part 3 Offences under Fisheries Management (Abalone Share Management Plan) Regulation 2000 |\n> | Clause 38 of the Appendix (except in respect of a contravention of clause 34 (1) of that Appendix) | $200 |\n> | Part 4 Offences under Fisheries Management (Aquaculture) Regulation 2017 |\n> | Clause 55 (1), (4) and (5) | $200 |\n> | Clause 56 (4) | $200 |\n> | Clause 57 (6) | $200 |\n> | Part 5 Offences under Fisheries Management (Estuary General Share Management Plan) Regulation 2006 |\n> | Clause 35I (7) of the Appendix | $1,000 |\n> | Part 6 Offences under Fisheries Management (Lobster Share Management Plan) Regulation 2000 |\n> | Clause 55 of the Appendix (except in respect of a contravention of clause 27 (7) or 51 (1) of that Appendix) | $200 |\n> | Part 7 Offences under Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006 |\n> | Clause 10 (1) of the Appendix | $500 |","sortOrder":627}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with a straightforward fisheries technical regulation, this version materially expanded regulatory scope. Beyond setting fishing gear, size and bag limits, it adds comprehensive governance, licensing and market‑allocation mechanisms (detailed endorsement/share/quota transfer controls and ballots/tenders — Parts 7–10), an explicit charter‑fishing licensing and CFLC regime (Part 12), new permit regimes for activities such as commercial gathering of marine vegetation (clause 98A) and a full set of criteria for threatened species, populations and ecological communities (Part 14). It also increases administrative obligations (detailed reporting and recordkeeping requirements, expanded advisory council architecture in clauses 247–251 and Schedule 7) and a broad fee schedule (Schedule 6). These additions move the instrument from primarily technical limits and gear rules toward a more comprehensive institutional and market‑regulatory framework, increasing regulatory reach, administrative discretion and compliance obligations (see clauses 96A, 98A, Part 12 and Schedule 7)."},"complexity_factors":["Lengthy instrument: 16 Parts plus 8 Schedules covering extensive substantive domains","Large number of defined terms in clause 3 and species definitions (clause 4) — many cross‑referenced throughout","Extensive cross‑references to the Fisheries Management Act 1994 and other Acts (Marine Estate Management Act 2014; Marine Safety Act 1998; Corporations Act)","Detailed schedules with many numeric and geographic particulars (Schedule 1 bag limits; Schedules 2–3 spatial closures with coordinates)","Numerous conditional rules and nested exceptions (e.g. different rules for commercial vs recreational vs charter fishers, nominated fishers, endorsement classes)","Wide discretionary powers given to Minister/Secretary across endorsements, transfers, fees, permits and maps (many clauses)","Complex transfer and entitlement regime: share transfer rules, quota attachment, endorsement transfer rules and Secretary approval process (Parts 10 and 7)","Large fee and penalty schedules (Schedule 6 contains 33+ fee items; Schedule 8 lists many penalty‑notice offences and amounts)","Multiple reporting and record‑keeping regimes with differing timeframes and formats (real‑time reporting, monthly, daily, quarterly)"],"plain_english_summary":"**What this Regulation does (mechanically)**\n\n- Sets detailed rules that implement and expand the Fisheries Management Act 1994 for New South Wales. It specifies definitions, who may fish commercially, what fishing gear and methods are lawful, size and daily/possession limits, protected species and protected waters, licence and endorsement rules, reporting and record-keeping requirements, fees and penalties, and administrative procedures. (See Parts 1–16 and Schedules 1–8.)\n\n- Prescribes classes of commercial and charter licences and endorsements (including restricted fisheries such as sea urchin/turban shell, southern fish trawl and inland fisheries), the eligibility and transfer rules for those endorsements and shares, and the procedure for nominations of nominated fishers (Divisions in Parts 7–10). (See clauses 126–176; 167–176; Part 10.)\n\n- Regulates fishing gear and methods in fine detail (what nets, traps and lines may be used where, mesh sizes, labelling and buoy/tagging, prohibited methods such as explosives, electrical devices and scuba while taking fish). It also creates priority rules between fishers on recognised fishing grounds (Part 3 and Part 4). (See Parts 3–4; clauses 21–61.)\n\n- Sets biological conservation controls: prohibited minimum and maximum sizes for many species, bag and possession limits (Schedule 1 and clauses 6–11), lists protected species and species/waters exempt from commercial or recreational take (clauses 14–19; Schedules 2–3), and prescribes criteria for threatened species/population/ecological community listings to guide the Fisheries Scientific Committee (Part 14, clauses 236–244).\n\n- Imposes reporting and record-keeping obligations on commercial fishers, nominated fishers, fish receivers and charter operators (clauses 141–143; 196–203; Part 12 Div 4; clauses 218–221). It prescribes formats, timeframes and penalties for non‑compliance.\n\n- Creates permit regimes and fees for special activities (e.g. permits under Part 7 of the Act, permits to use explosives or electrical devices, permits for commercial gathering of marine vegetation), and sets the amounts for many fees and transfer charges (clauses 80–82; 98A; Schedule 6).\n\n- Establishes advisory structures: multiple Ministerial advisory councils and rules for their membership and procedure (clauses 247–251; Schedule 7).\n\n- Lists specific spatial protections and seasonal closures with precise geographic descriptions (many clauses and Schedules 2 and 3 contain coordinates and area boundaries), and a long penalty‑notice schedule for many offences (Schedule 8).\n\n**Who is affected**\n\n- Commercial fishers and owners of fishing businesses: licensing, endorsements, transfer restrictions, quota allocation/transfer rules, reporting and recordkeeping, boat certification and marking, gear rules and licence conditions (Parts 7–11, Part 9, Part 8). (E.g. clauses 111, 125, 131, 135.)\n\n- Recreational fishers and charter operators: daily and possession limits, bag limits, many area‑specific prohibitions, charter licensing and CFLC card rules, and prescribed fees (Parts 2, 5, Part 12 and Schedules 1–3; clauses 66, 206–221).\n\n- Fish receivers, wholesalers and retailers: registration, labeling and record supply obligations (Part 11, clauses 188–196, 194, 195, 200).\n\n- Indigenous and community stakeholders: advisory councils include Aboriginal representation and there are specific provisions enabling fishing assets for Aboriginal assistance programs (clauses 247–251; clause 254).\n\n- The Department / Minister / Secretary: large discretion to set fees, approve permits, determine eligibility, call tenders or ballots for new endorsements, approve maps of recognised fishing grounds and administer exemptions, with many duties and powers allocated to them throughout the Regulation (see numerous clauses: 94, 115, 130, 150A, 224, 184).\n\n**Why it matters (policy mechanisms and implementation impacts)**\n\n- Conservation mechanism: size limits, bag limits, species lists and spatial/seasonal closures operate as regulatory levers to limit extraction and protect vulnerable stocks (clauses 6–15; Schedules 2–3). These are concrete restrictions that change fisher behaviour by limiting how much and which fish may be taken, where and when.\n\n- Resource allocation and property‑style rules: the Regulation defines transferable and non‑transferable endorsements, share transfer rules, quota allocation for restricted fisheries and detailed approval processes for transfers. That creates tradable (but regulated) entitlements and constrains who can buy or receive endorsements or shares (Parts 7, 9, 10; clauses 135, 174–176, 178–186). This concentrates value for entitlement/endorsement holders and limits market transactions by administrative approval and statutory conditions.\n\n- Data and monitoring burden: frequent reporting (daily for some fisheries, monthly for others), mandatory catch and sale records and labelling increase compliance costs for commercial fishers and receivers but support fisheries management and enforcement (clauses 141–143, 197–200). The Regulation ties some activities to real‑time reporting systems and prescribes fallback paper forms where the system is unavailable (clause 143), exposing implementation risk if IT systems fail.\n\n- Administrative discretion and procedural uncertainty: the Minister and Secretary have many discretionary powers (to approve transfers, set tender/ballot conditions, determine eligibility, issue or cancel permits and certificates, set assessment fees and extend exemptions). Discretion speeds decision‑making but raises risks of inconsistent outcomes and requires transparent processes to limit uncertainty (see clauses 94, 130, 150A, 184, 224, 256).\n\n- Compliance and enforcement: strong penalty regime (Schedule 8) and many penalty‑notice provisions create enforcement tools that can be used by fisheries officers. That raises compliance incentives but also requires resourcing of enforcement agencies.\n\n- Costs and incentives: the Regulation raises direct costs to many users via application, licence, transfer and permit fees (Schedule 6) and indirect costs via recordkeeping, labelling, tagging and boat‑marking obligations (clauses 125, 92–93). Transfer controls and eligibility limits reduce transaction flexibility and affect the liquidity and market value of fishing businesses and shares.\n\n**Trade‑offs and practical implementation issues to watch (source‑grounded)**\n\n- Concentrated beneficiaries vs diffuse costs: endorsed commercial fishers and holders of shares/quota gain tradable rights and quota allocation (clauses 135, 137), while the administrative burden and fees are dispersed across wider fishing and recreational communities.\n\n- Rent‑allocation risk through Ministerial discretion: many transfers and new endorsement issues depend on Minister/Secretary approval or public tender/ballot (clauses 130, 158, 175, 184). That concentrates decision power and could create incentives for selective allocation if procedural safeguards are weak.\n\n- Compliance burden on small operators: recordkeeping (clauses 197–199), tagging/labelling (clauses 92–93) and real‑time reporting (clauses 141–143) require systems and time; those costs will be proportionally higher for smaller businesses.\n\n- Implementation dependencies: enforcement relies on fisheries officers and IT systems for reporting and quota transfers; the Regulation contains fallback provisions but they create additional administrative steps and potential delays (clause 143). Permits and assessment fees are set by Secretary discretion and estimated by assessment time (clause 224), which can produce variable charges and unpredictability.\n\n**Key cross‑references and where to look in the text**\n\n- Definitions and scope—clause 3 and clause 4 (Part 1).\n- Size, bag and protected species rules—clauses 6–16 and Schedules 1–3 (Part 2).\n- Gear, mesh and method rules—Part 3 (clauses 21–61).\n- Restricted and share management fisheries, endorsements and quota—Parts 7–9 (clauses 99–176).\n- Fishing business transfer rules—Part 10 (clauses 174–186).\n- Fees and permits—Part 5, clause 66 and Schedule 6; permits under clauses 80–82, 98A and clause 224 (Part 13).\n- Charter fishing regulatory framework—Part 12 (clauses 205–223), including CFLC cards and licence classes.\n- Threatened species listing criteria—Part 14 (clauses 236–244).\n- Penalties and penalty‑notice list—Schedule 8.\n\n(Where I note purposes — such as conservation, data collection, market allocation — those are the operational mechanisms the Regulation uses; the text provides the rules that create the incentives, fees and penalties described above: see clauses and schedules cited.)"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has been amended 10 times between 2019 and 2026, strongly suggesting its scope has evolved from the original version. The frequency of amendments — including two updates within a single week in January 2023 — indicates the regulation has been actively expanded, restricted, or modified in response to changing fisheries conditions, policy priorities, or industry needs. Without access to the full amendment history and substantive provisions, the precise nature of scope changes cannot be determined, but the volume of amendments makes it highly likely the current version differs materially from the original intent."},"complexity_factors":["Subordinate legislation sitting beneath a complex parent Act (Fisheries Management Act), requiring cross-referencing between the two documents to understand the full legal picture","Covers multiple distinct regulated industries simultaneously — commercial fishing, recreational fishing, and aquaculture — each with their own rules and obligations","Has been amended 10 times since 2019, meaning the current rules may differ substantially from the original regulation and tracking changes requires version-by-version comparison","Technical subject matter involving species-specific rules, measurement standards, gear specifications, and geographic boundaries that require specialist knowledge to interpret","Interaction with other NSW fisheries instruments (such as fishing closure orders and share management plans) that operate alongside this regulation","Imminent automatic repeal (September 2026) creates transitional uncertainty for affected parties planning long-term compliance","Only metadata and status information was provided in the text — the actual substantive provisions are not visible here, making full analysis of complexity impossible and suggesting the full document is significantly longer and more detailed"],"plain_english_summary":"## Fisheries Management (General) Regulation 2019 (NSW)\n\n**What is this?**\nThis is a NSW government regulation (a detailed set of rules made under a broader law called the Fisheries Management Act) that sets out the day-to-day rules for managing fisheries in New South Wales.\n\n**Who does it affect?**\n- **Commercial fishers** — people who fish for a living in NSW waters\n- **Recreational fishers** — everyday people fishing for fun or personal use\n- **Aquaculture operators** — people who farm fish, oysters, prawns, or other aquatic species\n- **Seafood buyers and sellers** — businesses that deal in fish and other seafood\n- **Anyone interacting with NSW aquatic environments**\n\n**What does it cover?**\nBased on the title and structure, this regulation provides the operational rules for NSW fisheries management, which typically includes things like:\n- **Licensing requirements** — who needs a licence to fish commercially or recreationally\n- **Catch limits and size restrictions** — how much you can take and what size fish must be\n- **Permitted fishing methods** — what gear and techniques are allowed\n- **Reporting obligations** — what records fishers must keep and submit\n- **Protected species rules** — restrictions around threatened or protected aquatic animals\n- **Aquaculture (fish farming) conditions** — rules for operating fish farms\n\n**Why does it matter?**\nBreaking these rules can result in significant fines or loss of fishing licences. If you fish commercially or recreationally in NSW, or run an aquaculture business, this regulation directly governs what you can and cannot do.\n\n**⚠️ Important note:** This regulation is scheduled to be **automatically repealed (cancelled) on 1 September 2026** under standard NSW law review processes. After that date, new rules will likely replace it. The regulation has already been updated **10 times** since it was first made in 2019, so the rules have changed significantly over the years — always check you're reading the current version."},"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"},"kimi_summary":{"_metrics":{"completionTokens":715},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive fisheries management regulation. While it has been amended multiple times since 2019 (as shown in the amendment notes), these appear to be technical updates, fee adjustments, and operational refinements rather than expansion into new policy areas. The core structure covering recreational fees, commercial licensing, restricted fisheries, gear specifications, and conservation measures remains consistent with the original 2019 intent."},"complexity_factors":["Extensive cross-referencing between the Act, this Regulation, share management plans, and the Supporting Plan","47 defined terms in clause 3 alone, plus species-specific definitions in clause 4","Nested conditional logic throughout — e.g., bag limits that vary by species, waters, fisher type, and whether fish are for sale","Multiple overlapping prohibitions with exceptions (e.g., clause 11 has 5 subclauses with layered exemptions for commercial fishers)","Detailed technical specifications for 15+ types of nets and traps with precise measurements (e.g., 'mesh not less than 13 mm nor more than 40 mm')","Geographic coordinates for closed waters in Schedules 2 and 3 requiring precise interpretation","Quota management system for sea urchin with TAC determinations, interim allocations, and transfer rules","Transfer rules for fishing businesses that differ by fishery type and involve multiple conditions","Three separate penalty unit scales (20, 25, 50, 100) depending on offence severity","Amendment history showing 20+ changes since 2019, creating version control complexity"],"plain_english_summary":"This is a comprehensive NSW regulation that governs fishing activities across the state. It covers:\n\n**Who it affects:**\n- **Recreational fishers** — must pay fees, follow bag limits (daily and possession limits), use approved gear, and respect closed waters\n- **Commercial fishers** — need licences, endorsements for specific fisheries, must keep detailed records, and comply with quota systems\n- **Charter boat operators** — require licences with specific conditions for different fishing activities\n\n**Key rules:**\n- **Size limits:** Fish must meet minimum sizes (e.g., snapper 30cm, Murray cod 55cm) and some have maximum sizes too\n- **Bag limits:** Daily catch limits vary by species — e.g., 10 snapper, 2 Murray cod, 20 general marine fish\n- **Protected species:** Cannot take certain fish like seahorses, ghostpipefish, or Queensland groper\n- **Gear restrictions:** Only approved nets, traps, and lines can be used — detailed specifications for mesh size, dimensions, and buoy markings\n- **Closed waters:** Specific rivers, lakes, and coastal areas are off-limits to commercial or recreational fishing\n\n**Three restricted fisheries with special rules:**\n1. **Sea urchin and turban shell** — quota-based with real-time reporting\n2. **Southern fish trawl** — boat length capped at 20m, specific net requirements\n3. **Inland fishery** — yabby and carp endorsements (some transferable, some not)\n\n**Why it matters:**\nThe regulation balances economic fishing interests with environmental protection, ensuring sustainable fish stocks and fair access between commercial and recreational fishers. Heavy penalties apply for breaches — up to 100 penalty units for serious offences."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-general-regulation-2019","history":"/api/acts/fisheries-management-general-regulation-2019/history","analysis":"/api/acts/fisheries-management-general-regulation-2019/analysis","conflicts":"/api/acts/fisheries-management-general-regulation-2019/conflicts","importantCases":"/api/acts/fisheries-management-general-regulation-2019/important-cases","documents":"/api/acts/fisheries-management-general-regulation-2019/documents"}}