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FISHERIES ACT 1994 - SECT 76F Deciding application for fish movement exemption notice

FISHERIES ACT 1994 - SECT 76F

Deciding application for fish movement exemption notice

76F Deciding application for fish movement exemption notice

(1) The chief executive must consider the application for a fish movement exemption notice for an area and give or refuse to give the notice.
(2) In considering the application, the chief executive must have regard to—
(a) if the application relates to tidal waters—the Coastal Protection and Management Act 1995 ; or
(b) if the application relates to non-tidal waters—the Water Act 2000 .
(3) The chief executive may give the notice only if the chief executive is reasonably satisfied it is not necessary or desirable, for the best management, use, development or protection of fisheries resources or fish habitats, for a proposed construction or raising of a waterway barrier works in the area to provide for the movement of fish across the barrier works.
Examples, for subsection (3), of the bases on which the chief executive may be satisfied—
1 Allowing for fish movement in the area is not necessary because—
(a) there are no fish located in the area; or
(b) it is not necessary for the fish located in the area to access the fish habitat upstream of the area.
2 There are other barriers in the area which prevent the movement of fish located in the area.
(4) The notice must state the period, not longer than 4 years, for which the exemption notice applies.
(5) If the chief executive refuses to give the notice, the chief executive must give the applicant an information notice for the refusal.