Hirst -v- Director, Department of Fisheries [2000] NSWADT 158

CITATION: Hirst -v- Director, Department of Fisheries [2000] NSWADT 158 DIVISION: General Division APPLICANT Dennis Hirst PARTIES: RESPONDENT Director, Department of Fisheries FILE NUMBER: 003096 HEARING DATES: 18/07/2000 SUBMISSIONS CLOSED: 07/18/2000 DATE OF DECISION: 11/09/2000

BEFORE: Rice S - Judicial Member APPLICATION: Fisheries Management Act - fishing licence- endorsement on licence - Fishing licence - endorsement on licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Fisheries Management Act 1994 Virtu v Director General, NSW Fisheries [2000] NSWADT 75 Puglisi v Director General, NSW Fisheries [2000] NSWADT 105 CASES CITED: Woodward v Director General, NSW Fisheries [2000] NSWADT 143 Thornton v Director General, NSW Fisheries [2000] NSWADT 131 Robertson v City of Nunawading [1973] VR 819 APPLICANT REPRESENTATION: In person RESPONDENT C Cory, solicitor ORDERS: 1. Pursuant to s63(3) of the Administrative Decisions Tribunal Act and cl 214D(1)(a) of the Fisheries Management Regulation, I affirm the decision of the Minister to confirm the determination that was reviewed by the review panel, to the effect that the applicant is not eligible for a Category Two Hauling endorsement; 2. Pursuant to s88 of the Administrative Decsions Tribunal Act I make no awards of costs

APPLICATION, REFUSAL AND REVIEW 1 Mr Dennis Hirst holds commercial Fishing Licence 810269, and operates Fishing Business 1688. 2 By application dated 5 October 1996 Mr Hirst sought the following endorsements on his licence: · Meshing · Mud Crab Trapping · Category Two Hauling 3 By letter dated 17 February 1997 NSW Fisheries ('the Department') advised Mr Hirst that he was eligible for the Meshing and Mud Crab Trapping endorsements, but not for what is described in the Fisheries Management (General) Regulation 1995 ('the FM Regulation') as "estuary general restricted fishery – category two hauling endorsement" ('Category Two Hauling endorsement').