FISHERIES MANAGEMENT ACT 1991 - SECT 20 Amendment or revocation of plan of management
FISHERIES MANAGEMENT ACT 1991 - SECT 20
Amendment or revocation of plan of management(1) AFMA may at any time amend a plan of management.
(2) If AFMA amends a plan of management, it must:
(a) give written notification of that fact to each person who is the holder of a statutory fishing right granted in accordance with the plan; and
(b) inform the person where copies of the amended plan may be obtained.
(3) AFMA may revoke a plan of management.
(4) Where a plan of management for a fishery is revoked under subsection (3), statutory fishing rights, fishing permits, foreign fishing licences, scientific permits, foreign master fishing licences and fish receiver permits granted by AFMA that relate to the fishery cease to have effect in relation to the fishery.
(5) Sections 17, 18 and 19 apply in relation to an amendment of a plan of management and the revocation of a plan of management in the same way as they apply to a plan of management prepared under section 17.
(6) However, subsection (2) of this section, subsections 17(1B) to (4), and sections 18 and 19 do not apply to an amendment of a plan of management that merely:
(a) corrects an error in the plan (including a factual, grammatical, mapping or typographical error, for example); or
(b) changes the format or presentation of the plan; or
(c) changes a matter in the plan to make the plan consistent with:
(d) removes conditions from the plan if conditions for the plan's fishery about the same subject matter have been prescribed in the regulations, whether or not the conditions are in the same terms.
(7) Also, subsections 17(1B) to (4) and section 19 do not apply to an amendment of a plan of management to remove a provision from the plan if, within 1 year before the proposed amendment is to take effect, the following entities have been given at least 28 days written notice of the proposed amendment:
(a) if there is a management advisory committee for the plan's fishery--the management advisory committee;
(b) if a peak body represents the holders of statutory fishing rights under the plan--the peak body;
(c) if there is no management advisory committee or peak body--the holders of the licences, permits or rights for the fishery.
(8) However, section 18 applies to an amendment mentioned
in subsection (7) in the same way as section 18 applies to a
plan of management.