Oliver & Thomson -v- Minister for Fisheries [2002] NSWADT 28

Set aside by Appeal : Set aside by Appeal on 19/12/2002

CITATION: Oliver & Thomson -v- Minister for Fisheries [2002] NSWADT 28 DIVISION: General Division APPLICANTS Gregory John Oliver PARTIES: Christopher John Thomson

RESPONDENT Minister for Fisheries FILE NUMBER: 013147 HEARING DATES: 08/10/2001, 08/02/2002 SUBMISSIONS CLOSED: 02/11/2002 DATE OF DECISION: 02/26/2002

BEFORE: Higgins S - Judicial Member APPLICATION: Fisheries Management Act - fishing licence - revocation of conditions on licence - Fisheries Management Act - fishing licence - revocation of endorsement on licence - Fishing licence - revocation of conditions on licence - Fishing licence - revocation of endorsement on licence MATTER FOR DECISION: Principal matter Fisheries Management (General) Regulation 1995 LEGISLATION CITED : Fisheries Management Act 1994 Administrative Decisions Tribunal Act 1997 CASES CITED: Minister for Fisheries v Sneesby [2001] NSWADTAP 33 Cootes v Director, New south Wales Fisheries [2001] NSWADT 65 APPLICANTS REPRESENTATION: J Priestley, barrister RESPONDENT R Lancaster, barrister ORDERS: 1. The Minister's decision to revoke the endorsement allocated to Messrs Oliver and Thomson's commercial fishing business and to revoke the conditions, other than those prescribed by the regulation on the boat licence of their fishing boat the "Sandalee" (LFB 98) is set aside; 2. In substitution the decision is made not to revoke the endorsement allocated to Messrs Oliver and Thomson's commercial fishing business and not to revoke the conditions, other than those prescribed by the regulations, on the boat licence of their fishing boat the "Sandalee" (LFB 98).