Holbert v Minister for Fisheries [2001] NSWADT 94

CITATION: Holbert v Minister for Fisheries [2001] NSWADT 94 revised - 18/06/2001 DIVISION: General Division APPLICANTS Raymond Holbert PARTIES: Paul Holbert RESPONDENT Minister for Fisheries FILE NUMBER: 003409 HEARING DATES: 02/05/2001 SUBMISSIONS CLOSED: DATE OF DECISION: 06/06/2001

BEFORE: Foster GF - Judicial Member at 1 APPLICATION: 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 and Oyster Farms Act 1935 Fisheries Management (General) Regulation 1995 Hurst v The Director Department of Fisheries (2000) NSWADT 158 CASES CITED: Cootes v Director, New South Wales Fisheries (2001) NSWADT 65 Minister for Fisheries v Puglisi & Ors (2001) NSWADT AP2 APPLICANTS REPRESENTATION: L Pirona, solicitor 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 Applicants are not eligible for Ocean Prawn Trawl Restricted Fishery Inshore and Ocean Fish Trawl Restricted Fishery (Northern Zone) endorsements be set aside; 2 In substitution the decision is made to refer the matter back to the Review Panel for futher consideration, together with a recommendation that the Panel take into account the reasons of the Tribunal in these proceedings; 3 No order as to costs