New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 70

70 Special endorsements to take fish in share management fishery

(1) The Minister may endorse a commercial fishing licence for taking fish for sale in a share management fishery even though the commercial fisher is not entitled under this Part to have the licence so endorsed.

(2) The Minister may do so only if the Minister is satisfied, after consultation with any relevant advisory council or advisory group, that an available fisheries resource would not otherwise be utilised.

(2A) The Minister is to issue endorsements under this section in accordance with the criteria (if any) specified in the management plan for the fishery.

(3) A commercial fishing licence endorsed under this section authorises the holder to take fish in accordance with the authority conferred by the endorsement.

(4) An endorsement under this section--

(a) is subject to such conditions as are prescribed by the regulations or specified in the endorsement, and

(b) remains in force for the period specified in the endorsement, and

(c) may be cancelled or suspended by the Minister at any time.

(4A) The Minister may, at any time by notice in writing to the holder of a licence who is authorised by an endorsement under this section to take fish in a share management fishery, revoke or vary the conditions of the endorsement or add new conditions. This subsection does not apply to conditions prescribed by the regulations.

(4B) The holder of a commercial fishing licence who contravenes any condition of an endorsement on the licence under this section is guilty of an offence.

: Maximum penalty--100 penalty units.

(5) The regulations may make provision for or with respect to endorsements under this section. In particular, the regulations may prescribe the fee payable for such an endorsement.

(6) The Minister may approve arrangements under which a person who is proposed to be given an endorsement under this section is given the endorsement in the form of a separate document from the commercial fishing licence of the person. Any such document is taken to be an endorsement on the commercial fishing licence of the person authorised by the endorsement to take fish in the fishery, and references in this Act or the regulations to an endorsement extend to an endorsement in that form.