Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

FISHERIES ACT


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   2A.     Objects  
   3.      Repeals  
   4.      Interpretation  
   4A.     Application of Criminal Code  

   PART 2--ADMINISTRATION

   5.      Director of Fisheries  
   6.      Delegation  
   7.      Fisheries Officers  
   7A.     Fisheries Inspectors  
   8.      Identity cards  
   8A.     Return of identity card  
   9.      Registers  
   9A.     Registration of third party interests  
   9B.     Notice to registered third party interest holder  

   PART 2A--LICENCES, PERMITS AND VESSEL REGISTRATION

           Division 1--Requirement for licence or permit

   10.     Requirement for licence  
   11.     Requirement for permit  

           Division 2--Licences and permits

   12.     Licence allocation for new fishery  
   13.     Applying for and granting licence or permit  
   14.     Conditions of licence or permit  
   15.     Term of licence or permit  
   16.     Expiry and renewals  
   16A.    Transfer of licence  
   16B.    Restriction on licensee performing fishing operations  
   16C.    Licence not personal property  
   17.     Special permits  

           Division 3--Approved operators and persons in charge

   17A.    Approved operators  
   17B.    Fit and proper person test  
   17C.    Identity card  
   17D.    Revocation of approval  
   17E.    Appointment of approved operator to be person in charge of fishing operations  
   17F.    Production of identity card  
   17G.    Offence if person in charge not appointed  
   17H.    Liability of person in charge for offences by others  
   17J.    Liability of licensee for offences by approved operator and others  

           Division 4--Registration of vessels

   17K.    Requirement for registration of fishing vessels  
   18.     Registration of fishing vessels  
   19.     Tender vessels  

           Division 5--Cancellation or suspension of licence, permit or registration

   20.     Cancellation or suspension by court order  
   20A.    Cancellation or suspension by Director  
   20B.    Cancellation of vessel registration if licence or permit cancelled  
   20C.    Surrender of licence or permit  

           Division 6--Administrative provisions

   20D.    Ministerial guidelines  
   20E.    Form of application  
   20F.    Notice of decision  
   20G.    Grant of licence may be noted on existing licence  

   PART 3--FISHERY MANAGEMENT PLANSNOTE FOR PART

   21.     Purposes of Part  
   22.     Management areas and managed fisheries  
   23.     Director to prepare proposed management plans  
   24.     Fisheries management advisory committees  
   25.     Procedure in relation to management plans  
   25A.    Amendments to management plans  
   26.     Minister may make emergency amendments to management plans  
   27.     Management plans enforceable as regulations  

   PART 4--CONTROL AND ENFORCEMENT

           Division 1--Powers of Minister

   28.     General power of Minister  
   29.     Minister may impose emergency restrictions  

           Division 2--Powers of Fisheries Officers

   30.     Powers of entry and examination  
   31.     Search  
   32.     General matters relating to powers of Fisheries Officers  
   33.     Powers of seizure  
   33A.    Release or forfeiture of things seized or proceeds of sale  
   33B.    Protection from liability  
   33C.    Powers of Fisheries Officers in relation to permit offences  

           Division 3--Records and returns

   34.     Records and returns  
   34A.    Movement of fish without proper documents prohibited  
   35.     Offence not to keep or supply records  
   35A.    Misleading information  
   36.     Unauthorised disclosure of confidential information  

           Division 4--Offences

   37.     Continuing offence  
   38.     Regulatory offences  
   39.     Obstruction of authorised officers  
   40.     Liability of owner or person in control of registered vessel for illegal use of vessel, fishing gear or equipment  
   40A.    Failure of licensee or vessel owner to notify change of address for service  
   40B.    Unauthorised trafficking in or possession of fish of priority species  
   41.     Falsely identifying fish or aquatic life for sale  
   42.     Buying, selling or possessing fish or aquatic life taken illegally  
   43.     Offences relating to aquaculture  
   43A.    Time for commencing prosecution  
   44.     Averments and evidence  
   45.     Liability of directors  
   45A.    Court may order payment for permit offences  
   45B.    Court may order payment of costs of storage of things seized  
   46.     Court may order forfeiture  

           Division 4A--Infringement notice offences

   46A.    Infringement notice offence and prescribed amount payable  
   46B.    When infringement notice may be given  
   46C.    Contents of infringement notice  
   46D.    Payment by cheque  
   46E.    Withdrawal of infringement notice  
   46F.    Application of Division  

           Division 4B--Confiscation offences

   46G.    Application of Division  
   46H.    Contravention notice  
   46J.    Seized property to be held by Director  
   46K.    Application by alleged offender or owner to Court in relation to contravention notice  
   46L.    Application by Director to Court in relation to contravention notice  
   46M.    How Court deals with matter  
   46N.    Relationship with other seizure powers  

           Division 5--Regulations

   47.     Regulations  
   48.     Special Regulations relating to aquaculture  
   49.     Management plans and certain notices to have status of regulations  

   PART 5--MISCELLANEOUS MATTERS

           Division 1--Review of decisions

   50.     Review of decision made by delegate  
   50A.    Review by Tribunal  

           Division 2--Other matters

   51.     Fishing Industry Research and Development Trust Fund  
   52.     Fishing Industry Research and Development Trust Fund advisory committee  
   53.     Aboriginals  
   54.     Research and development of fisheries  
   55.     Crown land leases for aquaculture  
   56.     Conversion factors for greenweight of fish  
   57.     Acquisition on just terms  

   PART 6--FISHERIES ARRANGEMENTS

           Division 1--Joint Authorities

   58.     Powers and functions of Minister  
   59.     Judicial notice  
   60.     Functions of Joint Authority  
   61.     Delegation  
   62.     Procedure of Joint Authority  
   63.     Report of Joint Authority  

           Division 2--Arrangements with respect to the management of fisheries

              Subdivision 1--General matters

   63A.    Definition  
   64.     Arrangements for management of fisheries  
   64A.    Variation and termination of arrangements  
   65.     Application of this Act to fisheries in accordance with arrangements  
   66.     Functions, powers and objects of Joint Authority  
   67.     Joint Authority to exercise certain powers instead of Director  
   68.     Application of provisions relating to offences  
   69.     Presumption relating to certain statements  
   70.     Regulations and notices  

              Subdivision 2--Joint Authority fishery management plans

   70A.    Joint Authority to prepare management plans  
   70B.    Fisheries management advisory committees  
   70C.    Procedure in relation to management plans  
   70D.    Amendments to management plans  
   70E.    Joint Authority may make emergency amendments to management plans  

   PART 7--TRANSITIONAL MATTERS FOR FISHERIES ACT 1988

   71.     Savings and transitional  

   PART 8--TRANSITIONAL MATTERS FOR FISHERIES LEGISLATION AMENDMENT ACT 2016

   72.     Definitions  
   73.     Offence provisions – before and after commencement  
   74.     Licences, permits and vessel registration  
   75.     Pending applications  
   76.     Pending reviews by Director  
   77.     Pending reviews by Local Court  
   78.     Identity cards  
   79.     Register  
   80.     Pending applications for registration of third party interests  
   81.     Management plans  
   82.     Fishing Industry Research and Development Fund  
   83.     Fishing Industry Research and Development Fund advisory committee  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback