ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 6 Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 6

  (1)   This section applies if:

  (a)   under the Fisheries Management Act 1991 , a plan of management in force under that Act applies to particular fishing activities in a particular area of water; and

  (b)   the area of water is not within, or is not wholly within:

  (i)   the Australian jurisdiction; or

  (ii)   a Commonwealth area; or

  (iii)   a Commonwealth marine area; and

  (c)   the area of water is not:

  (i)   an area of water, rights in respect of which have been vested in a State by section   4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section   4 of the Coastal Waters (Northern Territory Title) Act 1980 ; or

  (ii)   an area of water within the limits of a State or the Northern Territory.

  (2)   If, apart from this subsection, a provision of this Act would, or would not, apply in relation to the fishing activities (or in relation to fish or other things taken in the course of the activities) because the area of water mentioned in subsection   (1) is not within, or is not wholly within:

  (a)   the Australian jurisdiction; or

  (b)   a Commonwealth area; or

  (c)   a Commonwealth marine area;

that provision has effect in relation to the fishing activities (and in relation to fish or other things taken in the course of the activities) as if the area of water were wholly within:

  (d)   the Australian jurisdiction; or

  (e)   a Commonwealth area; or

  (f)   a Commonwealth marine area;

as the case requires.

Note:   This section is subject to subsection   5(3).

Example 1:   Fishing activities in an area of water that is not a Commonwealth area generally do not contravene Part   13. However, because of this subsection, that Part   applies to fishing activities to which this section applies as if the area of water were within a Commonwealth area. The fishing activities may therefore contravene that Part.

Example 2:   If fish taken in the course of fishing activities in an area of water that is not within the Australian jurisdiction are brought into Australia, this generally constitutes an import (being an import by way of introduction from the sea) of the fish into Australia, which may contravene Part   13A. However, because of this subsection, that Part   applies to the fish as if the area of water were within the Australian jurisdiction. The bringing of the fish into Australia therefore does not constitute an import for the purposes of that Part.

Example 3:   This section allows a plan of management to be accredited under Part   13 in respect of the entire area of water to which the plan relates (even if some of the area is outside the Australian jurisdiction, a Commonwealth area or a Commonwealth marine area).

  (3)   In this section:

"fishing" has the same meaning as in the Fisheries Management Act 1991 .