Phelps -v- Director, NSW Fisheries [2000] NSWADT 83

CITATION: Phelps -v- Director, NSW Fisheries [2000] NSWADT 83 DIVISION: General Division APPLICANT Mark Alan Phelps PARTIES: RESPONDENT Director, NSW Fisheries FILE NUMBER: 993248 HEARING DATES: SUBMISSIONS CLOSED: 01/14/2000 DATE OF DECISION: 06/23/2000

BEFORE: Skinner PM - Judicial Member APPLICATION: Jurisdiction MATTER FOR DECISION: Jurisdiction of Tribunal LEGISLATION CITED : Fisheries Management Act 1994 CASES CITED: Searl v Director General, NSW Fisheries [2000] ADT 53 Virtu v Director General, NSW Fisheries [2000] ADT 75 APPLICANT REPRESENTATION: In person RESPONDENT C Cory, solicitor ORDERS: 1. The Tribunal has no jurisdiction to hear the application and it is dismissed

Application 1 This is an application by Mr Michael Alan Phelps for review by this Tribunal of a decision by the respondent. 2 The decision was not described by the applicant in his Application for Review filed with the Tribunal on 8 November 1999, but he attached a copy of a letter to him from the respondent dated 3 August 1999. 3 That letter referred inter alia to the outcome of a 'free catch validation review' for the 'applicant's registered fishing business'. 4 The terms used are terms of art from the legislative and administrative scheme governing the fishing industry in NSW – see Searl v Director General, NSW Fisheries [2000] ADT 53, and Virtu v Director General, NSW Fisheries [2000] ADT 75. 5 Essentially, the applicant seeks that this Tribunal review the decision of the respondent to not allocate to him catch history which he claims he purchased from another fisherman in 1989. 6 The respondent has always denied the jurisdiction of the Tribunal in relation to this application. In the letter dated 3 August 1999 to the applicant the respondent stated: