New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220AA

220AA Secretary may make stop work order

(1) If the Secretary is of the opinion that any action is being, or is about to be, carried out in contravention of Division 3 or 4, or section 219, and that the action is likely to cause damage to fish habitat or obstruct the free passage of fish, the Secretary may order that such action is to cease and that no further action, other than such action as may be specified in the order, is to be carried out in or in the vicinity of the waters concerned within a period of 40 days after the date of the order.

(2) An order takes effect on and from the date on which--

(a) a copy of the order is affixed in a conspicuous place in the vicinity of the waters the subject of the order, or

(b) the person carrying out or about to carry out the action is notified that the order has been made,

whichever is the sooner.

(3) A person who does not comply with an order in force under this section is guilty of an offence.

: Maximum penalty--

(a) in the case of an individual, 1,000 penalty units and an additional 500 penalty units for each day the offence continues, or

(b) in the case of a corporation, 2,000 penalty units and an additional 1,000 penalty units for each day the offence continues.

(4) The Secretary may, by making a further order under this section, extend an order for such further period or periods of 40 days as the Secretary thinks fit.

(5) The Secretary is not required, before making an order under this section, to notify any person who may be affected by the order.

(6) An order of the Secretary under this section has effect despite any consent, approval, notice, order or other instrument made or issued by or under any other Act or law that requires or permits the action prohibited by the order.

(7) This section does not apply to the following--

(a) any thing authorised by or under the State Emergency and Rescue Management Act 1989 that is reasonably necessary to avoid a threat to life or property,

(b) any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

(8) A person who is dissatisfied with a decision of the Secretary to take action under this section may appeal against the decision to the Land and Environment Court within 30 days of receiving notice of the decision.

(9) The lodging of an appeal does not, except to the extent that the Land and Environment Court otherwise directs in relation to the appeal, operate to stay the decision appealed against.