Commonwealth Consolidated Acts

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FISHERIES MANAGEMENT ACT 1991 - SECT 71

Arrangements with States--Joint Authority to manage

  (1)   The Commonwealth may make an arrangement with the State or States represented on a Joint Authority that the Joint Authority is to have the management of a particular fishery in waters relevant to that State or to any of those States.

  (2)   An arrangement with only one State must provide that:

  (a)   the fishery is to be managed in accordance with the law of the Commonwealth; or

  (b)   the fishery is to be managed in accordance with the law of the State; or

  (c)   the fishery is to be managed in accordance with the law of the Commonwealth and the law of the State.

  (3)   An arrangement with 2 or more States must provide that:

  (a)   the fishery is to be managed in accordance with the law of the Commonwealth; or

  (b)   the fishery is to be managed in accordance with the law of one or more of the States concerned; or

  (c)   the fishery is to be managed in accordance with the law of the Commonwealth and the law of one or more of the States concerned.

  (4)   An arrangement that provides that a fishery is to be managed in accordance with the law of more than one jurisdiction must identify, by reference to areas that do not overlap, the parts of the fishery that are to be managed in accordance with each law.

  (5)   If, under an arrangement:

  (a)   a fishery is to be managed in accordance with the law of a State; or

  (b)   a part of a fishery is to be managed in accordance with the law of a State;

the arrangement may, if required by the Commonwealth, provide for giving effect to Australia's obligations under international law (including international agreements) in relation to the fishery or part of the fishery.



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