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PEARLING ACT 1990 - SECT 37

PEARLING ACT 1990 - SECT 37

37 .         Inspector may require master of pearl boat etc. to transport inspector etc.

        (1)         An inspector may for the purposes of this Act require, in writing, that the holder of the pearl boat licence issued in respect of, or the master or person in apparent control of, a pearl boat, or the person in apparent control of a boat used for pearling or hatchery activities on a pearl oyster farm, as the case requires, transport the inspector on that pearl boat or boat to another boat or to a place or places nominated by the inspector.

        (2)         Where an inspector is transported on a boat in compliance with a requirement made under subsection (1), the master or person in apparent control of the boat shall provide food and accommodation for the inspector and shall allow the inspector to use any equipment on the boat, including equipment for communicating and navigating, and where the inspector so requires shall —

            (a)         carry on board the boat any equipment, fuel or stores; and

            (b)         tow any smaller boat.

        (3)         The holder of a pearl boat licence in respect of, or master or person in apparent control of, a boat used in compliance with a requirement made under subsection (1) may apply to the CEO for reimbursement of any costs incurred in that use and the CEO shall decide the amount, if any, that is to be paid to that holder, master or person and that amount shall be paid to that holder, master or person and charged to the Fisheries Research and Development Account.

        (4)         A decision of the CEO made under subsection (3) is final and binding.

        [Section 37 amended: No. 49 of 1996 s. 64; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(4).]