FISHERIES ACT 1995 - SECT 69 Declaration of protected aquatic biota

FISHERIES ACT 1995 - SECT 69

    (1)     The Governor in Council may by Order in Council declare any taxon or community of aquatic flora and fauna to be protected aquatic biota.

    (2)     A declaration cannot be made under subsection (1) in respect of—

        (a)     protected wildlife under the Wildlife Act 1975 ; or

        (b)     protected flora under the Flora and Fauna Guarantee Act 1988 .

S. 69(3) amended by No. 108/2003 s. 50(c).

    (3)     Any taxon or community of fish or aquatic invertebrate listed under the Flora and Fauna Guarantee Act 1988 whether before or after the commencement of this subsection is deemed to have been declared by Order in Council under this section to be protected aquatic biota.

    (4)     If the scientific name of a declared taxon or community is changed, the declaration continues to apply to the declared taxon or community as if it referred to the taxon or community by the changed name.

    (5)     A declaration of a community of aquatic flora or fauna must contain a sufficient description of the community to enable it to be identified.

S. 69(6) substituted by No. 5/1997

s. 10(1).

    (6)     A declaration must be consistent with any criteria for the declaration of protected aquatic biota determined by the Minister and published in the Government Gazette.