3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Regulation— > > > > 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. > > > > certificate of survey for a boat means— > > > > > (a) for Part 9, Division 2—see clause 144, or > > > > > (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). > > > > charter fishing boat has the same meaning as in Part 4A of the Act. > > > > commercial fishing boat activity has the same meaning as in section 107 of the Act. > > > > 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. > > > > Note. > > > > 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. > > > > estuarine waters means waters ordinarily subject to tidal influence (other than ocean waters). > > > > fisheries official means a fisheries officer or an officer of the Department. > > > > fishing authority has the same meaning as in Division 4C of Part 2 of the Act. > > > > fishing business card has the same meaning as in Division 3 of Part 11. > > > > fishing business transfer rules means the provisions of Part 10. > > > > high water mark means the mean line between approximate high water at spring tide and neap tide. > > > > inland restricted fishery means the restricted fishery declared under Division 3 of Part 9. > > > > inland waters means waters not subject to tidal influence. > > > > Lord Howe Island waters means the waters within 3 nautical miles of— > > > > > (a) the high water mark on Lord Howe Island, or > > > > > (b) Balls Pyramid. > > > > ocean waters means waters east of the natural coast line of New South Wales. > > > > protected fish means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act. > > > > recognised fishing ground means an area identified as a recognised fishing ground in accordance with clause 94. > > > > restricted species of fish means any species of fish referred to in Table 1 or Table 2 in clause 6. > > > > sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 9. > > > > southern fish trawl endorsement means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery. > > > > southern fish trawl restricted fishery means the restricted fishery declared under Division 2 of Part 9. > > > > 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). > > > > the Act means the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038). > > > > tributary of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water. > > > > use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited). > > > > Note. > > > > 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. > > > (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— > > > > > (a) where an estuary meets the coast—the natural coast line is defined as follows— > > > > > > > (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, > > > > > > > (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, > > > > > > > (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, > > > > > (b) in relation to the following waters, the natural coast line is defined as follows— > > > > > > > (i) Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the Northern extremity of Tomaree Point, > > > > > > > (ii) Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head, > > > > > > > (iii) Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head, > > > > > > > (iv) Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point, > > > > > > > (v) Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point, > > > > > > > (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, > > > > > > > (vii) Wagonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head, > > > > > > > (viii) Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point. > > > (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— > > > > > (a) abalone fishery, > > > > > (b) estuary general fishery, > > > > > (c) estuary prawn trawl fishery, > > > > > (d) lobster fishery, > > > > > (e) ocean hauling fishery, > > > > > (f) ocean trap and line fishery, > > > > > (g) ocean trawl fishery. > > > (4) A reference in this Regulation to being convicted of an offence includes a reference to being found guilty of the offence. > > > (5) A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act. > > > (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. > > > (7) In this Regulation, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided. > > > (8) Notes included in this Regulation do not form part of this Regulation. > > **cl 3:** Am 2021 (482), Sch 1\[1\]; 2022 (688), Sch 3\[1\].