FISHERIES ACT 1995 - SECT 22 Joint Authority to exercise certain powers instead of Minister

FISHERIES ACT 1995 - SECT 22

    (1)     Subject to this section, a licence or permit granted, issued, renewed or made under this Act does not authorise the doing of any act or thing in or in relation to a Joint Authority fishery.

S. 22(2) amended by No. 68/2016 s. 52.

    (2)     In respect of a Joint Authority fishery that is to be managed in accordance with the law of the State, the powers conferred before or after the commencement of this Part on the Minister, the Secretary or the Victorian Fisheries Authority (including powers with respect to the issue, renewal, cancellation and suspension of licences or permits) are exercisable by the Joint Authority to the exclusion of the Minister, the Secretary or the Victorian Fisheries Authority.

S. 22(3) amended by No. 5/1997

s. 50(1)(e).

    (3)     A licence or permit granted under this Act by a Joint Authority must contain such conditions that it does not apply in relation to a Joint Authority fishery or Joint Authority fisheries not managed by that Joint Authority.

S. 22(4) amended by No. 5/1997

s. 50(1)(f).

    (4)     A Joint Authority may vary a licence or permit under this Act (including such a licence or permit granted, issued or renewed by that Joint Authority or another Joint Authority) so as to extend the operation of the licence or permit to matters to which the powers of the Joint Authority under this Act are applicable.

S. 22(5) amended by No. 5/1997

s. 50(1)(g)(i).

    (5)     If such a variation is made—

S. 22(5)(a) amended by No. 5/1997

s. 50(1)(g)(ii).

        (a)     the variation ceases to have effect if the licence or permit ceases to have effect; and

S. 22(5)(b) amended by No. 5/1997

s. 50(1)(g)(ii).

        (b)     the Joint Authority may suspend or cancel the variation as if it were a licence or permit granted by the Joint Authority.

S. 22(6) substituted by No. 5/1997

s. 50(3).

    (6)     Subject to sections 25(1)(b) and (c), on a fishery becoming a Joint Authority fishery, any regulation, fisheries notice, Order in Council, notice, declaration, order, or Ministerial direction that applies to the fishery under this Act ceases to apply to the fishery.

S. 22(7) substituted by No. 5/1997

s. 50(3).

    (7)     This section does not empower a Joint Authority to grant or to take any other action in respect of a licence in respect of a foreign boat.