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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 246

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 246

246 .         Administrative guidelines, issue and effect of

        (1)         For the assistance of the CEO, fisheries officers and the staff of the Department ( fisheries personnel ) and for the information of industry and the community, the Minister may issue guidelines for the administration or enforcement of this Act or any other Act the administration of which is committed to the Minister.

        (2)         The Minister may at any time amend or revoke guidelines.

        (3)         Guidelines must be published in the prescribed way.

        (4)         In performing a function under an Act referred to in subsection (1), fisheries personnel must take into account any guidelines that are relevant to the performance of the function.

        (5)         Nothing in subsection (4) —

            (a)         derogates from the duty of fisheries personnel to exercise a discretion in a particular case; or

            (b)         precludes fisheries personnel from taking into account matters not set out in the guidelines; or

            (c)         requires fisheries personnel to take into account a guideline if the guideline is inconsistent with a provision of the Act under which the function is conferred.

        [Section 246 amended: No. 39 of 1997 s. 14; No. 2 of 2002 s. 22; No. 28 of 2006 s. 236; No. 43 of 2011 s. 71.]