FISHERIES ACT 1994 - SECT 61
Conditions imposed on issue or renewal—general
FISHERIES ACT 1994 - SECT 61
Conditions imposed on issue or renewal—general
61 Conditions imposed on issue or renewal—general
(1) When the chief executive issues or renews an authority, the chief
executive may impose reasonable and relevant conditions, including, for
example—
(a) for an authority, other than a permit, for a fishery or a part
of a fishery for which no quota declaration is in force—a condition fixing a
quota entitlement for the authority; and
(b) a condition requiring payment of
a bond to ensure the holder will comply with the conditions of the authority;
and
(c) a condition conferring powers on inspectors.
(2) The conditions must
be stated in the authority.
(3) In fixing a quota entitlement for an
authority, the chief executive must comply with any relevant regulation or
declaration.
(4) If the chief executive imposes a condition on an authority,
the chief executive must give the holder of the authority an information
notice for the decision to impose the condition.
(5) If a power conferred on
inspectors by a condition of an authority is exercised by an inspector, the
power is taken to be exercised with the consent of the authority’s holder.
(6) A power conferred on inspectors by a condition of an authority is not
limited by the powers given to an inspector under a provision of this Act.
(7) If an inspector may exercise a power under this Act and under a condition
of an authority, the inspector may exercise the power under either or both.
(8) To remove any doubt, a condition may be imposed by the chief executive
even though the effect is to stop the holder or someone else taking fisheries
resources, or using a boat or fishing apparatus that could, apart from the
condition, be lawfully taken or used under the authority.
(9) Compensation is
not payable if conditions are imposed on an authority, or anything previously
permitted is prohibited or regulated under the authority.
(10) However,
subsection (9) does not prevent a regulation providing for payment of
compensation.