Fisheries Management (Lower Darling, Lower Macquarie and Peel Rivers Aerator Fishing Closure) Notification (2019)

under the

Fisheries Management Act 1994

I, Scott Hansen, Director General Department of Primary Industries, with the delegated authority of the Minister in pursuance of sections 227 of the Fisheries Management Act 1994 (“the Act”), and in pursuance of section 8 of the Act, give notice of the following fishing closure for NSW Department of Primary Industries approved aerators in the Lower Darling, Lower Macquarie and Peel Rivers.

Dated this 20th day of December 2019

Scott Hansen
Director General
Department of Primary Industries (within the Department of Planning Industry & Environment)

Part 1 Preliminary

1. Name of Notification

This notification is the Fisheries Management (Lower Darling, Lower Macquarie and Peel Rivers Aerator Fishing Closure) Notification 2019.

2. Commencement and duration

This notification commences on the date it is published on the NSW Department of Primary Industries website and will remain in force for 1 year commencing on the date of publication.

Note: This notification is urgent and pursuant to section 8(2) and (3) of the Fisheries Management Act 1994, this notification will be published in the NSW Government Gazette as soon as practicable after publication on the NSW Department of Primary Industries’ website.

Part 2 Fishing closure

3. Fishing closure

(a) Pursuant to section 8 of the Act, a person is prohibited from taking fish, by any method in the waters in Schedule 1 within 100m upstream and downstream of any approved aerator.
(b) The 100m point begins where any diffuser, paddlewheel, spray, pump or venturi aerator bubbles or sprays up to or onto the surface of the water.
(c) Where approved aerators are in series less than 200m apart then the 100m begins at the most downstream and upstream aerator and is inclusive of the area between the approved aerators.
(d) In this clause, an approved aerator is any aerator installed by or under the authority of the NSW Department of Primary Industries, Water NSW, or the Murray-Darling Basin Authority as part of the NSW Government’s drought response activities to support the survival of native fish populations.

4. Fishing closure

Schedule 1 Waters
(a) Lower Darling River from the Barrier Highway Road Bridge Wilcannia, County of Young, downstream to the Ashvale Block Bank, County of Wentworth,
(b) Lower Macquarie River downstream of the Newell Highway road bridge at Dubbo to its Junction with the Barwon River and the
(c) Peel River downstream of Chaffey Dam to its junction with the Namoi River.