Ireland -v- Minister for Fisheries [2001] NSWADT 198

CITATION: Ireland -v- Minister for Fisheries [2001] NSWADT 198 DIVISION: General Division APPLICANT PARTIES: Troy Ireland RESPONDENT Minister for Fisheries FILE NUMBER: 003314 HEARING DATES: 09/02/2001 SUBMISSIONS CLOSED: 02/26/2001 DATE OF DECISION: 11/26/2001

BEFORE: Goode P - Judicial Member APPLICATION: Fisheries Management Act - fishing licence- endorsement on licence - Fishing licence - endorsement on licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Fisheries and Oyster Farms (General) Regulation 1989 LEGISLATION CITED : Fisheries and Oyster Farms Act 1935 Fisheries Management (General) Regulation 1995 Fisheries Management Act 1994 Mining Act 1906 Minister of Fisheries -v- Sneesby [2001] NSWADTAP 33 CASES CITED: Associated Minerals Pty Ltd -v- NSW Rutile Mining Co & Ors [1961-62] ALJR 296 Simmons v Minister for Fisheries [2000] NSWADT 174 Searl -v- Director General, NSW Fisheries [2000] NSWADT 53 APPLICANT REPRESENTATION: A Broad, solicitor RESPONDENT C Cory, solicitor ORDERS: 1. The decision under review is affirmed; 2. No award asto costs.

Background 1 The Applicant, Troy Ireland, is a commercial fisher. By Application dated 20 October 1996, he applied for various endorsements in the Estuary General Restricted Fishery. His application was not successful. On the same date, he also applied for an Estuary Prawn Trawl endorsement. This application was successful. 2 On 20 March 1997, the Applicant requested a review of the determination made by the Minister for Fisheries (the "Minister") in relation to the Estuary General Restricted Fishery. The Applicant was entitled to do this under clause 214A of the Fisheries Management (General) Regulation 1995 (the "Regulation"). 3 Clause 214B of the Regulation obliges the Minister to establish a panel to conduct a review (the "Review Panel"). The grounds for review are set out in clause 214C of the Regulation. 4 On 30 June 2000, the Review Panel carried out a review of the Minister's determination and provided the Minister with a written report, dated 17 July 2000, recommending that the Applicant be refused the endorsements in question. To obtain the endorsements it was necessary for the Applicant to be deemed to have inherited the personal catch history of another commercial fisher. The Panel declined to award it to him on the ground that, to do so, would contravene the Department's policy on the splitting of personal catch history. 5 In accordance with the recommendation of the Review Panel, the Minister confirmed his original decision and determined that the Applicant should not be granted the endorsements (clause 214D of the Regulation). The Applicant was notified accordingly by letter dated 31 August 2000. 6 By application dated 25 September 2000, the Applicant applied to this Tribunal for a review of the Minister's decision. The Tribunal's review jurisdiction is conferred by s 38(1) of the Administrative Decisions Tribunal Act 1997 ("the Tribunal Act"). The Tribunal's powers of review are set out in ss 63-66 of the Tribunal Act.