New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 32

32 Review of determinations by TAC Committee

(1) The TAC Committee is to keep its determinations of total allowable catches under review.

(2) Following a review, the TAC Committee may decide not to alter its existing determination, to determine a different total allowable catch or to revoke its determination of a total allowable catch.

(3) However, the TAC Committee may not revoke a determination that it is required to make by a management plan for a share management fishery or by the Minister, unless it is replaced by a new determination.

(4) Despite section 31, a review of a determination of total allowable catch made by the TAC Committee (an "initial determination") may be carried out without calling for public submissions on the appropriate total allowable catch if:

(a) the review is conducted, and any new or different determination of total allowable catch made as a result of the review is made, within 6 months after the initial determination was made, and

(b) before making the initial determination, the TAC Committee called for public submissions in relation to the appropriate total allowable catch.

(5) Subsection (4) does not apply if the Minister directs the TAC Committee to call for public submissions in relation to a review.

(6) If the TAC Committee conducts a review of an initial determination without calling for public submissions, the TAC Committee must, in making any decision in relation to the review, have regard to any public submissions that it was required to have regard to when it made the initial determination.