Southport Fishing & Dive Centre Pty Ltd & Anor v Minister for Fisheries [2004] NSWADT 242

CITATION: Southport Fishing & Dive Centre Pty Ltd & Anor v Minister for Fisheries [2004] NSWADT 242 DIVISION: General Division APPLICANT PARTIES: Southport Fishing & Dive Centre Pty Limited & Neville Howard RESPONDENT Minister for Fisheries FILE NUMBER: 033277 HEARING DATES: 23 April 2004, 27 October 2004 SUBMISSIONS CLOSED: 05/10/2004 DATE OF DECISION: 10/27/2004

BEFORE: Higgins S - Judicial Member APPLICATION: Charter boat fishing licence - grant of licence - Fisheries Management Act - charter boat fishing licence - grant of licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Commercial Vessels Act 1979 Commercial Vesses (Permit) Regulation 1986 Fisheries Management (General) Amendment (Charter Fishing Boats) Regulation 2000 LEGISLATION CITED : Fisheries Management (General) Regulation 1995 Fisheries Management (General) Regulation 2002 Fisheries Management Act 1994 Marine Safety Act 1994 (Qld) Ports Corporation and Waterways Management Act 1995 Transport Operations (Marine Safety) Regulation 1995 (Qld) Durham Holdings Pty Ltd v State of NSW (1999) 47 NSWLR 340 at 353-4, and on appeal (2001) 205 CLR 399 at 414 FAI Insurance Limited v Winneke (1981-1982) 151 CLR 343 CASES CITED: Gordon Laidler & Associates Pty Ltd v Hocking (unreported) Young J, 6 March 1995 Kelly v Kelly (1990) 92 ALR 74 at 98 Springhall v Kirner [1988] VR 159 at 165 APPLICANT REPRESENTATION: Dr C O'Connor, solicitor RESPONDENT Dr S Thompson, solicitor ORDERS: 1 The time for making this application is extended to 7 October 2003; 2 The Minister's decision is set aside and in substitution thereof a decision is made to grant the applicant's application for a renewal of the transferable charter fishing boat licences for Sea Probe II and Sea Probe III