2016
2016
2021-06-09
act
government
publicgeneral
act.reprint
act-2019-001
allinforce
2016-11-08
2016-11-08
1
act-2016-066
371f6c41-ea03-4b54-8e49-32c80de61cf7
c12f4884-8bba-42e6-8d74-ba3c78a733e2
2016
none
See also—
Rock Fishing Safety Amendment Bill
2021 [Non-government Bill— the Hon M J Banasiak,
MLC]
An Act to require persons to wear appropriate
lifejackets when fishing at declared high risk rock fishing locations; and for
related purposes.
1Name of Act
This Act is the Rock Fishing
Safety Act 2016.
2Commencement
This Act commences on the date of assent to this
Act.
3Definitions
(1)
In this Act:
appropriate
lifejacket means a lifejacket of a kind prescribed by the
regulations.
Note—
Clause 3 of Schedule 1 prescribes certain
lifejackets as appropriate lifejackets until the regulations make other
provision.
authorised officer
means the following:
(a)
a fisheries officer within the meaning of the
Fisheries Management Act
1994,
(b)
a person employed by a local council, or subject
to its control or direction, who is an authorised person (within the meaning
of the Local Government Act
1993) for the purposes of section 679 (Penalty notices for
certain offences) of that Act, but only within the local government area of
the local council concerned,
(c)
an officer of the Service within the meaning of
the National Parks and Wildlife Act
1974.
(d)
a police officer.
child means a person who is under
the age of 12 years.
fish has the same meaning as in
the Fisheries Management Act
1994.
high risk rock fishing
location—see section 4.
Recreational
Fishing (Saltwater) Trust Fund means the Recreational
Fishing (Saltwater) Trust Fund established under Division 3 of Part 8 of the
Fisheries Management Act
1994.
take fish has the same meaning as
in the Fisheries Management Act
1994.
wear, in relation to a lifejacket,
means wear with all closing or fastening devices such as zippers, buckles and
tapes correctly secured as specified by the
manufacturer.
Note—
The Interpretation
Act 1987 contains definitions and other provisions that
affect the interpretation and application of this Act.
(2)
Notes included in this Act do not form part of
this Act.
4High risk rock fishing locations
(1)
The Minister may, by order published in the
Gazette, declare an area to be an area where high risk rock fishing takes
place (a declared
area).
(2)
In this Act, a high risk rock fishing
location is a naturally occurring rock platform or other
rock formation exposed to ocean swell within a declared
area.
(3)
The Secretary of the Department of Planning,
Industry and Environment is to cause the following to be published on a
publicly accessible website maintained by the Department:
(a)
each declared area, and
(b)
a description and map that identify the high risk
rock fishing locations within the declared area.
s 4: Am 2019 No 1,
Sch 2.26 [1] [2].
5Rock fishing without lifejacket at high risk
locations
(1)
A person must not take fish by means of a rod and
line or handline, or assist a person to take fish in that manner (for example,
by using a handheld net to assist the person to land fish), at a high risk
rock fishing location unless the person is wearing an appropriate
lifejacket.
Maximum penalty: 50 penalty
units.
(2)
A person must not permit a child in the
person’s care or supervision at a high risk rock fishing location to
take fish by means of a rod and line or handline, or assist a person to take
fish in that manner, unless the child is wearing an appropriate
lifejacket.
Maximum penalty: 50 penalty
units.
6Authorised officer may demand name and
address
(1)
An authorised officer may require a person whom
the authorised officer suspects on reasonable grounds to have committed, or to
be committing, an offence against this Act or the regulations to state the
person’s full name and residential address.
(2)
A person must not fail to comply with a
requirement made by an authorised officer under subsection (1).
Maximum penalty: 50 penalty
units.
(3)
A person is not guilty of an offence under this
section unless it is established that the authorised officer:
(a)
warned the person that failure to comply with the
requirement is an offence, and
(b)
identified himself or herself to the person as an
authorised officer.
7Nature of proceedings for offences
Proceedings for an offence under this Act or the
regulations may be dealt with summarily before the Local
Court.
8Penalty notices
(1)
An authorised officer may issue a penalty notice
to a person if it appears to the officer that the person has committed a
penalty notice offence.
(2)
A penalty notice offence is an offence against
this Act or the regulations that is prescribed by the regulations as a penalty
notice offence.
(3)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(4)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations (not exceeding the maximum amount of penalty that could be imposed
for the offence by a court).
(5)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
9Fines to be paid into Recreational Fishing (Saltwater) Trust
Fund
The following amounts are to be paid into the
Recreational Fishing (Saltwater) Trust Fund:
(a)
all amounts of penalties recovered with respect
to offences under this Act, and
(b)
all amounts recovered by means of penalty notices
for any such offences issued under this Act.
10Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
The regulations may create an offence punishable
by a penalty not exceeding 10 penalty units.
Schedule 1Savings,
transitional and other provisions
Part 1Preliminary
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of this Act or any
Act that amends this Act.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication on the NSW
legislation website, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
(4)
Any such provision has effect despite anything to
the contrary in this Schedule.
(5)
The regulations may make separate savings and
transitional provisions or amend this Schedule to consolidate the savings and
transitional provisions.
Part 2Provisions consequent on enactment of this
Act
2Moratorium on prosecution for offence of rock fishing
without lifejacket
(1)Initial moratorium for 12
months
A person may not be convicted of an offence
against section 5 (or issued with a penalty notice for that offence) in
relation to an activity that occurs within 12 months after the commencement of
that section.
(2)Moratorium by regulation for newly declared high
risk rock fishing locations
The regulations may provide that a person may not
be convicted of an offence against section 5 (or issued with a penalty notice
for that offence) in relation to an activity at a place that occurs within 12
months after the declaration of the place as a high risk rock fishing
location.
3Transitional provision—appropriate
lifejackets
(1)
Until the regulations otherwise provide, an
appropriate
lifejacket for the purposes of this Act is a lifejacket
that:
(a)
in relation to a child—meets performance
level 100 or greater of Australian Standard AS 4758, Lifejackets (as in force from time to
time) that complies with the requirements set out in Schedule 7 to the Marine Safety Regulation 2016 for that
lifejacket, or
(b)
in any other case—meets performance level
50S or greater of Australian Standard AS
4758, Lifejackets (as
in force from time to time) that complies with the requirements set out in
Schedule 7 to the Marine Safety Regulation
2016 for that lifejacket.
(2)
Despite subclause (1), a lifejacket is not an
appropriate
lifejacket for the purposes of this clause if:
(a)
the lifejacket relies solely on oral inflation
for buoyancy, or
(b)
the lifejacket is not the correct size for the
wearer, or
(c)
the lifejacket is not in good
condition.
(3)
Despite subclause (1), an inflatable lifejacket
is not an appropriate
lifejacket for the purposes of this clause unless:
(a)
the lifejacket was purchased or otherwise
acquired new by the current owner no more than 12 months ago,
or
(b)
the lifejacket has been serviced:
(i)
at intervals of 12 months or less,
or
(ii)
at least at such longer intervals as are
indicated by the manufacturer’s instructions (if any) provided for the
lifejacket.
4Transitional provision—penalty notices: section
8
Until the regulations otherwise provide:
(a)
an offence under section 5 is taken to be an
offence for which a penalty notice may be issued, and
(b)
the amount payable under any such penalty notice
is $100.
Historical notes
Table of amending instruments
Rock Fishing Safety Act
2016 No 66. Assented to 23.11.2016. Date of commencement,
assent, sec 2. This Act has been amended as follows:
2019
No 1
Statute Law (Miscellaneous
Provisions) Act 2019. Assented to 17.6.2019.
Date of commencement of Sch 2.26, 1.7.2019, Sch
2.26.
Table of amendments
Sec 4
Am 2019 No 1, Sch 2.26 [1]
[2].