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.]