Puglisi -v- Director of Fisheries, NSW Fisheries [1999] NSWADT 110

CITATION: Puglisi -v- Director of Fisheries, NSW Fisheries [1999] NSWADT 110

DIVISION: General

APPLICANT: Mario Puglisi

RESPONDENT: Director of Fisheries, NSW Fisheries

FILE NUMBER: 993049

HEARING DATES: 07/22/1999

SUBMISSIONS CLOSED: 07/22/1999

DATE OF DECISION: 17 November 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Fisheries Management Act 1994

APPLICATION: Review of decision to refuse to grant an endorsement -

MATTER FOR DECISION: Adequacy of administrator's statement of reasons for decision

Applicant: D Inverarity of counsel instructed by A Broad solicitor REPRESENTATION: Respondent: J Bingham, solicitor, NSW Fisheries

ORDERS: 1. Pursuant to s 52(2) of the tribunal Act, the Tribunal orders the administrator to provide an adequate statement of reasons within 21 days.

1 On 28 October 1998 the Minister for Fisheries ('the administrator') refused to grant an application for an endorsement to a commercial fishing licence permitting Charissa Pty Ltd to take fish for sale in the northern zone Ocean Fish Trawl Restricted Fishery. (As to the Minister's powers, see generally Fisheries Management Act 1994 ('the Act') Part 4 Div 3 (ss 111-116).) Mario Puglisi ('the applicant') is a director of Charissa Pty Ltd and is the individual who lodged the application, an individual being required to make the application for the company. In refusing the application the administrator approved a recommendation from the Restricted Fisheries Review Panel. 2 The applicant appealed against that refusal to the District Court under s 126 of the Act as it then stood. The matter was transferred to the Tribunal on 15 March 1999 after the amendment to s 126 conferring the review jurisdiction on the Tribunal had taken effect: commenced 1 March 1999, Gov Gaz 26 Feb 1999, p969. Section 126 now provides: "126 Applications to Administrative Decisions Tribunal for reviews of certain decisions (1) A person who is dissatisfied with any of the following decisions under this Part may apply to the Administrative Decisions Tribunal for a review of the decision concerned: