Cootes -v- Director, New South Wales Fisheries [2001] NSWADT 65

CITATION: Cootes -v- Director, New South Wales Fisheries [2001] NSWADT 65 DIVISION: General Division APPLICANT PARTIES: Geoffrey Prout Cootes RESPONDENT Director, New South Wales Fisheries FILE NUMBER: 003095 HEARING DATES: On the papers SUBMISSIONS CLOSED: 01/25/2001 DATE OF DECISION: 04/27/2001

BEFORE: Rice S - Judicial Member APPLICATION: Fisheries Management Act - fishing licence- endorsement on licence - Fishing licence - endorsement on licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal (General) Regulation 1998 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Fisheries Management (General) Regulation 1995 Fisheries Management Act 1994 Doyle v Commissioner of Police [1999] NSWADT 84 Woodward v Minister for Fisheries [2000] NSWADT 143 CASES CITED: Foster -v- Minister for Fisheries [2000] NSWADT 175 Hirst -v- Director, Department of Fisheries [2000] NSWADT 158 Minister for Fisheries -v- Puglisi and Ors [2001] NSWADTAP 2 Greenaway-v- Director, Department of Fisheries [2000] NSWADT 158 APPLICANT REPRESENTATION: T A Jones, solicitor RESPONDENT C Cory, solicitor ORDERS: 1. The decision of the Minister to, in accordance with the decision of the review panel, confirm the determination that the applicant is not eligible for an Ocean Haul Restricted Fishery - Class C (Purse Seine) endorsement, is set aside; 2. 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 both of the reasons of the Tribunal in these proceedings, and of the panel having the power to include in its report a decision or recommendation relating to the applicant's entitlements in a restricted fishery; 3. Pursuant to s88 of the Administrative Decisions Tribunal Act no award of costs.