2001 No 229 New South Wales Commercial Fishing Environmental Impact Statement Arrangements 2001 under the Environmental Planning and Assessment Act 1979 I, the Minister for Fisheries, in pursuance of Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979, make the following arrangements. The Hon EDWARD OBEID, M.L.C., Minister for Fisheries Published in Gazette No 59 of 23 March 2001, page 1567 Page 1 [8] 2001 No 229 Clause 1 Commercial Fishing Environmental Impact Statement Arrangements 2001 Commercial Fishing Environmental Impact Statement Arrangements 2001 Name of arrangements These arrangements are the Commercial Fishing Environmental Impact Statement Arrangements 2001. Definitions (1) In these arrangements: (2) designated commercial fishing activity means a fishing activity described in item 1 of Schedule 1A to the Fisheries Management Act 1994. Director means the Director of NSW Fisheries. proponent of a designated fishing activity has the meaning given by paragraph (a) of the definition of proponent in section 115G of the Act. the Act means the Environmental Planning and Assessment Act 1979. Words and expressions used in these arrangements and also in the Fisheries Management Act 1994 have the meaning given to them by that Act. Preparation of environmental impact statements For the purposes of section 115K (4) of the Act, the Director is engaged to be responsible for the preparation of environmental impact statements in respect of designated commercial fishing activities. 4 Information and investigations The proponents of a designated commercial fishing activity are required to provide such information, and to carry out such investigations, in connection with the environmental impact statement as the Director may require. Page 2 2001 No 229 Commercial Fishing Environmental Impact Statement Arrangements 2001 Clause 5 5 Contribution to cost of preparation of statement () (2) (3) (4) (5) (6) A proponent of a designated commercial fishing activity is required to pay to the Director an annual contribution toward the cost of the preparation of an environmental impact statement in respect of the fishing activity if the proponent is a participant in a share management fishery. The annual contribution is payable on the following dates: (a) 1 July 2001, (b) 1 July 2002, (c) 1 July 2003. The annual contribution payable is the total of the following: (a) $80 (which is a contribution toward the costs incurred in arranging for the Fisheries Resource Conservation and Assessment Council to perform its functions in relation to the environmental impact statement), and (b) $150 for each share management fishery (other than the abalone and lobster share management fisheries) in which the proponent is a participant at the time the contribution becomes payable. If the proponent is a participant in more than 2 share management fisheries (other than the abalone and lobster share management fisheries), the amount payable under subclause (3) (b) for the third and each additional share management fishery (other than the abalone and lobster share management fisheries) is $100. Interest is payable on any overdue contribution at the rate for the time being payable on unpaid judgments of the Supreme Court. A contribution may, with the approval of the Director, be paid by instalments on such terms as the Director approves. If an instalment is not paid by the due date, the balance of the instalments becomes due and payable immediately, and interest (calculated as referred to in subclause (5)) is payable on any late payment. Page 3 2001 No 229 Clause 5 Commercial Fishing Environmental Impact Statement Arrangements 2001 (7) If an amount required to be paid under this clause is not paid by a proponent within one month after it becomes payable, an endorsement on the commercial fishing licence held by the proponent, or by a person nominated by the proponent, that authorises the designated commercial fishing activity concerned may be suspended, cancelled or revoked pursuant to the powers conferred by the Fisheries Management Act 1994. 6 "Participant" in fishery—meaning For the purpose of these arrangements, a proponent ofa fishing activity is a participant in a share management fishery if: (a) the person holds shares in the share management fishery, or (b) inthe case of a share management fishery in which shares have not yet been issued on a provisional or permanent basis—the person owns a fishing business that entitles the person to be given an endorsement on his or her commercial fishing licence, or to nominate a person to be given such an endorsement, that authorises the holder to take fish for sale in the restricted fishery of the same description as the share management fishery. 7 Waiver of contribution The Director may waive payment by a proponent of all or any part of a contribution payable under these arrangements: (a) if anatural disaster prevents the proponent from exercising any of the proponent's fishing entitlements in a share management fishery, or (b) if arrangements are made with the Director for the surrender of the proponent's fishing entitlements in a share management fishery. 8 Refund of contribution The Director may refund, on a pro rata basis, any part of a contribution paid under these arrangements if arrangements are made for the acquisition by the Minister of the proponent's fishing entitlements in a share management fishery (whether under Division 4B of Part 2 of the Fisheries Management Act 1994 or otherwise). Page 4 2001 No 229 Commercial Fishing Environmental Impact Statement Arrangements 2001 Clause 9 9 Amendment of arrangements These arrangements may be amended from time to time with regard to any matter, including: (a) so as to adjust contributions in accordance with movements in the consumer price index, and (b) so as to require a contribution in respect of participation in the abalone share management fishery or the lobster share management fishery. BY AUTHORITY Page 5