Micallef-v-Minister for Fisheries [2001] NSWADT 1

CITATION: Micallef-v-Minister for Fisheries [2001] NSWADT 1 revised - 23/01/2001 DIVISION: General Division APPLICANT David Micallef PARTIES: RESPONDENT Minister for Fisheries FILE NUMBER: 003129 HEARING DATES: 28/08/2000 SUBMISSIONS CLOSED: 08/28/2000 DATE OF DECISION: 01/22/2001

BEFORE: Rice S - Judicial Member APPLICATION: Application of Government Policy - Fisheries Management Act - fishing licence- endorsement on licence - 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 Re Drake and Minister for Immigration and Ethnic Affairs (No.2) (1979) 2 ALD 634 CASES CITED: Green v Daniels (1977) 5ALJR 463 Re Aston and Secretary to the Department of Primary Industry AAT No 85/27 REPRESENTATION: D Inverarity, barrister J Crespo, barrister 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 a Category One Hauling 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 a Category One Hauling endorsement, together with a recommendation that the panel take account both of the reasons of the Tribunal in these proceedings, and of the panel having previously been satisfied that the applicant meets the eligibility criteria in clause 191N of the Fisheries Management (General) Regulation; 3 Pursuant to s88 of the Administrative Decisions Tribunal Act I make no award of costs.