Stevens -v- Minister for Fisheries [2001] NSWADT 80

CITATION: Stevens -v- Minister for Fisheries [2001] NSWADT 80 DIVISION: General Division APPLICANT PARTIES: Paul Douglas Stevens RESPONDENT Minister for Fisheries FILE NUMBER: 003233 HEARING DATES: 14/11/2000 SUBMISSIONS CLOSED: 11/14/2000 DATE OF DECISION: 05/21/2001

BEFORE: Rice S - Judicial Member APPLICATION: Fishing licence - endorsement on licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Fisheries Management (General) Regulation 1995 Fisheries Management Act 1994 Greenaway -v- Director, Department of Fisheries [2000] NSWADT 173 CASES CITED: Henderson & anor -v- Minister for Fisheries [2000] NSWADT 182 Madge -v- Minister for Fisheries [2001] NSWADT 73 APPLICANT REPRESENTATION: C Ravenscroft, barrister 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 'Estuary General Restricted Fishery -Trapping' endorsement, is set aside.; 2. In substitution the decision is made to refer the matter back to the review panel for further consideration of the applicant's eligibility for an 'Estuary General Restricted Fishery – Trapping' endorsement, together with a recommendation that the panel take account of the reasons of the Tribunal in these proceedings.; 3. Pursuant to s88 of the Administrative Decisions Tribunal Act no award of costs.