FISHERIES MANAGEMENT ACT 1991 - SECT 74A Arrangements--how varied etc.

FISHERIES MANAGEMENT ACT 1991 - SECT 74A

  (1)   An arrangement under this Division is to be varied by instrument approved by:

  (a)   the Commonwealth Minister on behalf of the Commonwealth; and

  (b)   the appropriate Minister or Ministers of the State or States concerned.

  (2)   The Commonwealth Minister must cause a copy of every instrument so approved to be published in the Gazette , and the instrument takes effect on the date of publication or on a later date specified in the instrument.

  (3)   Subject to the requirements of section   23, after an arrangement under this Division has been varied but before the variation takes effect, the following things may be done for the purposes of the operation of this Act as affected by the variation as if the variation had taken effect:

  (a)   plans of management, permits or other instruments may be determined, granted or executed;

  (b)   fishing rights may be granted;

but such a plan, instrument or right does not have effect before the variation takes effect.

  (4)   Upon the variation of an arrangement under this Division:

  (a)   plans of management, fishing permits, scientific permits and other instruments determined, granted, executed or published; and

  (b)   statutory fishing rights granted;

for the purposes of the operation of this Act as affected by the variation cease to have effect to the extent (if any) they are inconsistent with the arrangement as varied.

  (5)   An instrument approved under subsection   (1) is not a legislative instrument.