• Specific Year
    Any

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.]