Greenaway -v- Director, Department of Fisheries [2000] NSWADT 173

CITATION: Greenaway -v- Director, Department of Fisheries [2000] NSWADT 173 DIVISION: General Division APPLICANT Joseph Greenaway PARTIES: RESPONDENT Director, Department of Fisheries FILE NUMBER: 003179 HEARING DATES: 28/07/2000 SUBMISSIONS CLOSED: 07/28/2000 DATE OF DECISION: 11/28/2000

BEFORE: Rice S - Judicial Member APPLICATION: Fisheries Management Act - fishing licence- endorsement on licence - Fishing licence - endorsement on licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Fisheries Management Act 1994 Woodward v Director General, NSW Fisheries [2000] NSWADT 143 Searl v Director-General, NSW Fisheries [2000]NSWADT 53 CASES CITED: Virtu v Director General, NSW Fisheries [2000] NSWADT 75 Hirst-v- Director, Department of Fisheries [2000] NSWADT 158 Puglisi v Director General, NSW Fisheries [2000] NSWADT 105 Thornton v Director General, NSW Fisheries [2000] NSWADT 131 APPLICANT REPRESENTATION: T Allan RESPONDENT C Cory, solicitor ORDERS: 1. Pursuant to s63(3)(c) of the Administrative Decisions Tribunal Act and cl 21 4D(1)(b) of the Fisheries Management Regulation 1995:; i. The decision of the Minister to confirm, in accordance with the decision of the review panel, the determination that the applicant is not eligible for a meshing endorsement, is set aside.; ii. In substitution the decision is made to refer the matter back to the review panel for further consideration, together with a recommendation that the panel take account of the reasons of the Tribunal in these proceedings when considering the applicant's eligibility for a meshing endorsement.; 2. Pursuant to s88 of the Administrative Decisions Tribunal, no award of costs