Part 5 Co-operation with Commonwealth and other States in fisheries management
In this Part:arrangement means an arrangement made by the State with the Commonwealth under Division 3, whether or not it is also made with another State or other States and, if the arrangement is varied, means the arrangement as varied.
coastal waters, in relation to the State, has the same meaning as it has in the Commonwealth Act.
Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister performing and exercising functions and powers under section 60 of the Commonwealth Act.
fishery, in relation to an arrangement under this Part, means a class of fishing activities identified in the arrangement as a fishery to which the arrangement applies.
Joint Authority means a Joint Authority established under section 61 of the Commonwealth Act of which the Minister is a member.
Joint Authority fishery means a fishery in respect of which there is in force an arrangement under Division 3 under which the fishery is to be under the management of a Joint Authority.
this Act includes Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979.
129 Powers and functions of Minister
(1) The Minister may exercise and perform any power or function conferred on the Minister by Part 5 of the Commonwealth Act, including any power or function of the Minister as a member of a Joint Authority.(2) If, in the exercise of the power conferred by Part 5 of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise and perform the powers and functions conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister.
All courts and persons acting judicially are to take judicial notice of the signature of a person who is or has been a member of a Joint Authority or a deputy of a member of a Joint Authority and of the fact that the person is, or was at a particular time, such a member or deputy.
131 Functions of Joint Authority
A Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force under Division 3 as are conferred on it by the law in accordance with which, under the arrangement, the fishery is to be managed.
(1) A Joint Authority may, by instrument in writing, either generally or as otherwise provided by the instrument, delegate to a person any of its powers under this Act other than this power of delegation.(2) If a power delegated under subsection (1) is exercised by the delegate, the power is, for the purposes of this Act, taken to have been exercised by the Joint Authority.(3) A delegation under this section may be expressed as a delegation to the person from time to time holding or performing the duties of a specified office, including an office:(a) in the service of, or(b) in the service of an authority of, or(c) under the law of,the Commonwealth, another State or a Territory of the Commonwealth.(4) A delegate of a Joint Authority is, in the exercise of the delegated powers, subject to the directions of the Joint Authority.(5) A delegation of a power under this section:(a) may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated), and(b) does not prevent the exercise of the power by the Joint Authority, and(c) continues in force despite any change in the membership of the Joint Authority.(6) A certificate signed by a member of a Joint Authority stating any matters with respect to a delegation under this section by the Joint Authority is evidence of that matter.(7) A document purporting to be a certificate referred to in subsection (6) is, unless the contrary is established, taken to be such a certificate and to have been duly given.(8) Nothing in this Part is intended to prevent the delegation by a Joint Authority, in accordance with the law of the Commonwealth, of powers conferred on the Joint Authority by that law.
133 Procedure of Joint Authorities
(1) The provisions of sections 66–68 (inclusive) of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act.(2) A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or that Minister’s deputy, who took part in or made the decision is evidence that the decision, as recorded, was duly made.(3) In proceedings in any court, an instrument or other document signed, on behalf of a Joint Authority, by a member of the Joint Authority is taken to have been duly executed by the Joint Authority and, unless the contrary is proved, is taken to be in accordance with a decision of the Joint Authority.
The Minister must cause a copy of a report of a Joint Authority prepared under section 70 of the Commonwealth Act to be laid before each House of Parliament as soon as practicable after the report is prepared.
Division 3 Arrangements with respect to the management of particular fisheries
135 Arrangement for management of certain fisheries
(1) The State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery.(2) An arrangement may be varied or terminated as provided by the Commonwealth Act.(3) After an arrangement has been made or varied, but before the arrangement or variation takes effect, licences, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by the arrangement or variation, as if the arrangement or variation had taken effect, but such a licence, endorsement, instrument or regulation does not have effect before the arrangement or variation takes effect.(3A) On the variation of an arrangement, licences, endorsements and other instruments granted, issued, renewed, made or executed, and regulations made, for the purpose of the operation of this Act as affected by the variation cease to have effect to the extent (if any) that they are inconsistent with the arrangement as varied.(4) On the termination of an arrangement, licences, endorsements and other instruments granted, issued, renewed, made or executed, and regulations made, for the purpose of the operation of this Act as affected by the arrangement cease to have effect.(5) After action for the purpose of the termination of an arrangement has been taken, but before the termination takes effect, licences, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated, but such a licence, endorsement, instrument or regulation does not have effect before the termination of the arrangement takes effect.
136 Application of this Act to fisheries in accordance with arrangements
If there is in force an arrangement that provides that a particular fishery, or a part of a particular fishery, is to be managed in accordance with the law of the State, the provisions of this Act apply to and in relation to the fishery, or the part of the fishery, except that those provisions do not apply to or in relation to that fishery, or that part of the fishery, in respect of:(a) foreign boats or operations on or from foreign boats or persons on foreign boats, or(b) matters that occurred before the arrangement took effect.
137 Functions of Joint Authority
(1) If, in respect of a fishery, there is in force an arrangement under which a Joint Authority has the management of the fishery and the fishery, or part of the fishery, is to be managed in accordance with the law of the State, the Joint Authority has the functions of keeping constantly under consideration:(a) the condition of the fishery, and(b) formulating policies and plans for the good management of the fishery, and(c) for the purposes of the management of the fishery, exercising the powers conferred on it by this Act and co-operating and consulting with other authorities (including other Joint Authorities within the meaning of the Commonwealth Act) in matters of common concern.(2) A Joint Authority has the following objectives in the performance of its functions under subsection (1):(a) ensuring, through proper conservation, preservation and fisheries management measures, that the living resources of the waters to which this Act applies are not endangered or overexploited, and(b) achieving the optimum utilisation and equitable distribution of those resources.
138 Joint Authority to exercise certain powers instead of Minister
(1) Subject to this section, a licence or endorsement granted, issued, renewed or made 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) In respect of a Joint Authority fishery that is to be managed in accordance with the law of the State, or part of which is to be managed in accordance with the law of the State, the powers conferred on the Minister or the Minister’s delegate by or under this Act (this Part excepted) or the regulations (including powers with respect to the issue, renewal, cancellation and suspension of licences) are exercisable by the Joint Authority to the exclusion of the Minister and the Minister’s delegate.(3) A licence granted under this Act by a Joint Authority is required to contain conditions and limitations that it does not apply in relation to a Joint Authority fishery, or Joint Authority fisheries, not managed by that Joint Authority.(4) A Joint Authority may endorse a licence under this Act (including such a licence granted by that Joint Authority or another Joint Authority) so as to extend the operation of the licence to matters to which the licensing powers of the Joint Authority under this Act are applicable and, if such an endorsement is made:(a) the endorsement ceases to have effect if the licence ceases to have effect, and(b) the Joint Authority may suspend or cancel the endorsement as if it were a licence granted by the Joint Authority.(5) Subject to section 141 (1) (b) and (c), if, at a time a fishery becomes a Joint Authority fishery, a regulation, notification or order under this Act would, but for this subsection, apply to the fishery, the regulation, notification or order, as the case may be, ceases so to apply.(6) This section does not empower a Joint Authority to grant, or to take other action in respect of, a licence in respect of a foreign boat or to endorse such a licence.
139 Application of certain provisions relating to offences
For the purposes of the prosecution of a person for an offence under this Act in respect of anything done to or in relation to fish to which a Joint Authority fishery relates or otherwise in relation to a Joint Authority fishery, a reference to an authority of a particular kind is to be read as a reference to such an authority granted, issued or renewed by the relevant Joint Authority.
140 Presumption relating to certain statements
A statement in an arrangement to the effect that specified waters:(a) in the case of an arrangement to which the Commonwealth and the State are the only parties—are waters adjacent to the State, and(b) in the case of any other arrangement—are waters adjacent to the States that are parties to the arrangement or are waters adjacent to a specified State or States,is, for the purposes of this Act, to be conclusively presumed to be correct.
(1) If a Joint Authority is to manage a fishery, or a part of 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 the part of the fishery, or(b) make a regulation applying to the fishery or the part of the fishery a regulation made otherwise than pursuant to this section, or(c) amend a regulation made otherwise than pursuant to this section so that it is expressed to apply to the fishery or the part of the fishery, whether or not it also applies to any other fishery.(2) The power conferred 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).(3) If a regulation affecting a fishery that is to be managed by a Joint Authority is expressed to be made under this section, it is to be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.
141A Power to enter into agreements
(1) The Minister may enter into an agreement with a Minister administering an Act of another State relating to fisheries, or with an authority of another State concerned in the administration of that Act, for the purpose of co-operation in carrying out the objects of this Act (whether in this State or in that other State).(2) In this section:State includes a Territory.
141B Functions under agreements
(1) For the purposes of this Division, the Minister may exercise any function conferred on the Minister under the other Divisions of this Part as if the Commonwealth Act applied under this Division.(2) The other Divisions of this Part apply in respect of agreements under this Division, with such modifications as are prescribed by the regulations or as are necessary.