FISH RESOURCES MANAGEMENT ACT 1994 - SECT 25
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 25
25 . Joint Authority, exercise of powers by
(1) Except as provided
in this section, an authorisation granted or renewed under this Act otherwise
than by virtue of this section does not authorise the doing of any act or
thing in or in relation to a Joint Authority fishery.
(2) If a Joint
Authority fishery is to be managed in accordance with the law of the State
(whether or not also in accordance with some other law) —
(a) the
powers (including powers with respect to authorisations) conferred on the
Minister or another person under this Act (this Part excepted) are exercisable
by the Joint Authority instead of the Minister or other person; and
(b)
references in the relevant provisions to the Minister and to another person
authorised to exercise a power, are taken to be references to the Joint
Authority.
(3) An authorisation
granted by a Joint Authority must be limited (whether by conditions or
otherwise) to apply only in relation to a Joint Authority fishery, or Joint
Authority fisheries, managed by the Joint Authority.
(4) A Joint Authority
may endorse an authorisation (including an authorisation granted by the Joint
Authority or another Joint Authority) to extend the operation of the
authorisation to matters to which the licensing powers of the Joint Authority
under this Act are applicable.
(5) If an endorsement
referred to in subsection (4) is made —
(a) the
endorsement ceases to have effect if the authorisation ceases to have effect;
and
(b) the
Joint Authority may suspend or cancel the endorsement as if it were an
authorisation granted by the Joint Authority.
(6) Subject to
section 28, if at a time a fishery becomes a Joint Authority fishery, a
regulation, order or instrument made or determined under this Act would, but
for this subsection, apply to the fishery, the regulation, order or
instrument, as the case may be, ceases so to apply.
(7) This section does
not empower a Joint Authority to grant, or to take other action in respect of,
an authorisation in respect of a foreign boat or to endorse such an
authorisation.
[Section 25 amended: No. 37 of 2009 s. 8.]