170 NEW SOUTH WALES 



SPECIAL REGULATIONS 



Relating to tlie Oyster-hed Leases validated hy sec. ^^ of the Fisheries 



Act, 188L 



In these regulations the term "lease" means a lease or promise of a 

 lease made under the Oyster-beds Act of 1868 as validated by sec. 27 

 of the Fisheries Act 188L " Lessee" means the holder of or person 

 entitled for the time being to any such lease. " Inspector" means any 

 Inspector or Assistant Inspector. " Bed" means any natural oyster-bed 

 as defined by the said Oyster-beds Act of 1868, or any other laying 

 included within any such lease. 



2. The yearly rent payable in respect of all oyster-beds under lease or 

 promise thereof shall continue to be paid in advance as heretofore, to 

 the Colonial Treasurer or officer authorized by him to receive the 

 same. And on default of payment of any such rent for one calendar 

 month after the same shall have become due the interest of the lessee so 

 in default shall be declared forfeited to Her Majesty, and upon notifica- 

 tion of such forfeiture in the Gazette such interest shall be forfeited and 

 the lease or promise thereof shall thereupon terminate accordingly. 



3. Every bed shall be open to inspection by an Inspector, at any time 

 between sunrise and sunset, and he may test, by dredging or in any 

 other way, the condition of such bed and of the oysters thereon. 



4. No oysters capable of being passed through a metal ring having a 

 diameter of one inch and three-quarter (inside measurement) shall be 

 taken from any bed by the lessee or any other person, except for the 

 purpose of being laid down for culture in some other portion of the area 

 under lease. 



5. On a report in Avriting of the Inspector, furnished to the Commis- 

 sioners, that the oysters in any specified bed or portion of a lease are 

 out of condition, whether by reason of spatting or for any other cause, 

 the Commissioners may recommend the Governor to prohibit the re- 

 moval of any oysters from such bed. Such prohibition shall be notified 

 in the Gazette, and a notice thereof served on the lessee, or posted to or 

 delivered at his usual place of business shall be sufficient notice to the 

 lessee that the taking of oysters fi-om such bed is prohibited during the 

 period named therein. 



6. The lessee and every person employed by him for the purpose of 

 dredging or taking oysters from a bed under lease shall each be severally 

 liable, for any breach of these regulations or non-compliance therewith, 

 to a penalty not exceeding £20 for every such offfence or default. 



7. Upon a second or subsequent conviction of the lessee for any 

 offence under these regulations, his lease, as validated by section 27 of 

 the said Act, may on the recommendation of the Commissioners, and in 

 addition to any penalty prescribed by these regulations, be declared by 

 the Governor, with the advice of the Executive Council, to be forfeited 

 to Her Majesty. 



8. Upon receipt of a report by an Inspector that any bed has been 

 so stripped of oysters or otherwise so mismanaged by the lessee during 

 his tenancy that the production of oysters on such bed has, in such 



