FISH RESOURCES MANAGEMENT ACT 1994 - SECT 28

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 28

28 .         Regulations etc. for fisheries under arrangements

        (1)         If a Joint Authority is to manage a fishery in accordance with the law of the State, the Governor may, for the purpose of giving effect to a decision of the Joint Authority —

            (a)         make regulations for the management of the fishery; or

            (b)         make a regulation applying to the fishery a regulation made otherwise than under this section; or

            (c)         amend a regulation made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to another fishery.

        (2)         If a Joint Authority is to manage a fishery in accordance with the law of the State, the Minister may, for the purpose of giving effect to a decision of the Joint Authority —

            (a)         make an order that applies to the fishery; or

            (b)         by order published in the Gazette apply to the fishery an order under this Act made otherwise than under this section; or

            (c)         by order published in the Gazette amend an order under this Act made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to another fishery.

        (3)         If a Joint Authority is to manage a fishery in accordance with the law of the State, the Minister may, for the purpose of giving effect to a decision of the Joint Authority —

            (a)         by instrument in writing published in the Gazette , determine a management plan for the fishery; or

            (b)         by instrument in writing published in the Gazette apply to the fishery a management plan under this Act made otherwise than under this section; or

            (c)         by instrument in writing published in the Gazette amend a management plan under this Act made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to another fishery.

        (4)         The power conferred —

            (a)         on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c);

            (b)         on the Minister to make orders otherwise than under subsection (2) does not extend to the making of an order of a kind referred to in subsection (2)(a) or (b) or the amendment of an order in the manner referred to in subsection (2)(c);

            (c)         on the Minister to make or determine instruments otherwise than under subsection (3) does not extend to the making or determination of an instrument of a kind referred to in subsection (3)(a) or (b) or the amendment of a management plan in the manner referred to in subsection (3)(c).

        (5)         If a regulation, order or instrument affecting a fishery that is to be managed by a Joint Authority is expressed to be made under this section, it must be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.

        [Heading inserted: No. 37 of 2009 s. 9.]