FISHERIES MANAGEMENT ACT 1991 - SECT 12 Sedentary organisms--Australian continental shelf

FISHERIES MANAGEMENT ACT 1991 - SECT 12

  (1)   If the Governor - General is satisfied that a marine organism of any kind is, for the purposes of international law, part of the living natural resources of the Australian continental shelf because it is, for the purposes of international law, an organism belonging to a sedentary species, the Governor - General may, by Proclamation, declare the organism to be a sedentary organism to which this Act applies.

  (2)   Where by this Act (other than Part   5), or the regulations, provision is made in relation to fishing in the AFZ or a fishery, such provision, to the extent that it is capable of doing so, extends by force of this section to fishing for sedentary organisms, in or on any part of the Australian continental shelf not within the AFZ or the fishery as if they were within the AFZ or the fishery.

  (3)   Without limiting the operation of subsection   (2), a reference in that subsection to making provision in relation to fishing includes a reference to making provision in respect of:

  (a)   the granting of fishing concessions, scientific permits and foreign master fishing licences; and

  (b)   the prohibition or regulation of fishing; and

  (c)   the powers of officers.

  (4)   A reference in this section to the Australian continental shelf includes a reference to the waters above the Australian continental shelf.