FISHERIES MANAGEMENT ACT 1994 - SECT 37
Defence--special approval for research or other authorised purposes
FISHERIES MANAGEMENT ACT 1994 - SECT 37
Defence--special approval for research or other authorised purposes
37 Defence--special approval for research or other authorised purposes
(1) The Minister may approve the taking and possession of fish or
marine vegetation of any kind or of a specified kind for any or all of the
following purposes--
(f) any other purpose approved by the Minister that is
consistent with the objects of this Act.
(2) An approval may authorise the
taking of fish or marine vegetation by any method or by any specified method,
from any waters or any specified waters or in any other specified way, despite
any provision of or made under this Act to the contrary.
(3) The Minister may
grant an approval under this section--
(4) The Minister is to cause notice of any order made
under this section, or the amendment or revocation of such an order, to be
published on the Department's website or in the Gazette (or both).
(5) It is
a defence to a prosecution for an offence against this Act or the regulations
if the person charged satisfies the court that the act or omission of the
person constituting the offence was authorised by an approval in force under
this section.
(6) An approval under this section--
(a) is subject to such
conditions as are prescribed by the regulations or specified in the permit or
order by which the approval is granted, and
(b) remains in force for the
period of one year or such other period as is specified in the permit or order
by which the approval is granted.
(9) The Minister is not to grant an
approval for Aboriginal cultural fishing if to authorise the fishing
activities and practices concerned would be inconsistent with native title
rights and interests under an approved determination of native title (within
the meaning of the Native Title Act 1993 of the Commonwealth) or with the
terms of an indigenous land use agreement (within the meaning of that Act).
(10) The regulations may make further provision for approvals under this
section.