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FISHERIES ACT 1995 - SECT 19 Arrangement for management of certain fisheries

FISHERIES ACT 1995 - SECT 19

Arrangement for management of certain fisheries

    (1)     The State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery.

S. 19(1A) inserted by No. 34/2006 s. 4(1).

    (1A)     An arrangement may be varied as provided for in section 74A of the Commonwealth Act.

S. 19(2) amended by No. 34/2006 s. 4(2).

    (2)     An arrangement may be terminated as provided by section 75 of the Commonwealth Act.

    (3)     After an arrangement has been made but before the arrangement takes effect—

        (a)     licences, permits and other instruments may be granted, issued, renewed, made or executed; and

        (b)     regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the arrangement in all respects as if the arrangement had taken effect but such a licence, permit, instrument, regulation or fisheries notice does not have effect before the arrangement takes effect.

S. 19(3A) inserted by No. 34/2006 s. 4(3).

    (3A)     After an arrangement has been varied in accordance with the Commonwealth Act but before the variation takes effect—

        (a)     licences, permits and other instruments may be granted, issued, renewed, made or executed; and

        (b)     regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the variation of the arrangement in all respects as if the variation of the arrangement had taken effect.

S. 19(3B) inserted by No. 34/2006 s. 4(3).

    (3B)     A licence, permit, instrument, regulation or fisheries notice under subsection (3A) does not have effect before the variation of the arrangement takes effect.

S. 19(3C) inserted by No. 34/2006 s. 4(3).

    (3C)     On the variation of an arrangement

        (a)     each licence, permit and other instrument granted, issued, renewed, made or executed under this Act, that is in force immediately before the commencement of the variation; and

        (b)     any fisheries notice made under this Act, that is in force immediately before the commencement of the variation—

ceases to have effect, to the extent that it is inconsistent with the arrangement as varied.

    (4)     On the termination of an arrangement, licences, permits and other instruments granted, issued, renewed, made or executed and regulations and fisheries notices made for the purpose of providing for the operation of this Act as affected by the arrangement cease to have effect.

    (5)     After notice of termination of an arrangement has been given pursuant to the Commonwealth Act but before the termination takes effect—

S. 19(5)(a) amended by No. 74/2000 s. 3(Sch. 1 item 49.1).

        (a)     licences, permits and other instruments may be granted, issued, renewed, made or executed; and

        (b)     regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the termination of the arrangement in all respects as if the arrangement had been terminated.

    (6)     A licence, permit, instrument, regulation or fisheries notice under subsection (5) does not have effect before the termination of the arrangement takes effect.