Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 22

Joint Authority to exercise certain powers instead of Minister

22. Joint Authority to exercise certain powers instead of Minister



(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.

(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 or the Secretary (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 or the Secretary.

(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.

(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.

(5) If such a variation is made-





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



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

(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.

(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.