Commonwealth Consolidated Acts Commonwealth Consolidated ActsMaking a final declaration
(1) The Minister may, by legislative instrument, make a declaration (a final declaration ) that a specified commercial fishing activity is a declared commercial fishing activity.
Note 1: For variation of a final declaration, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 2: For revocation of a final declaration, see section 390SG.
(2) The Minister must not make a final declaration unless:
(a) the commercial fishing activity is the same as a commercial fishing activity that is, or was, specified in an interim declaration under section 390SD; and
(b) consultation under section 390SE has occurred in relation to the commercial fishing activity; and
(c) the Minister has considered any written submission that:
(i) was made under section 390SE by a declaration affected person; and
(ii) was lodged during the period referred to in paragraph 390SE(2)(b); and
(d) the Minister and the Fisheries Minister agree that there is uncertainty about the environmental impacts of the commercial fishing activity; and
(e) the Minister and the Fisheries Minister agree that it is appropriate that:
(i) an expert panel be established under section 390SH to conduct an assessment of the commercial fishing activity and report on the matter; and
(ii) the commercial fishing activity be prohibited in a Commonwealth marine area while the expert panel conducts the assessment.
When a final declaration is in force
(3) A final declaration:
(a) comes into force at the end of the day on which it is registered in the Federal Register of Legislation; and
(b) remains in force until the earliest of the following times:
(i) the end of the day on which the report of the expert panel is published on the Department's website under paragraph 390SL(a);
(ii) the end of the period specified in the declaration as the period for which the declaration is in force;
(iii) if the declaration is revoked--when the revocation comes into force.
Specified period for which final declaration is in force
(4) The Minister must specify in a final declaration the period for which it is to be in force. The period must not be longer than 24 months.