Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 75

  (1)   An arrangement under this Division may be terminated by instrument approved by:

  (a)   the Commonwealth Minister on behalf of the Commonwealth; and

  (b)   the appropriate Minister or Ministers of the State or States concerned.

  (2)   The Commonwealth Minister must cause a copy of such an instrument to be published in the Gazette , and the instrument takes effect on the date of publication or on a later date specified in the instrument.

  (3)   A party to an arrangement may:

  (a)   in the case of the Commonwealth--with the approval of the Commonwealth Minister; or

  (b)   in the case of a State--with the approval of the appropriate Minister of the State;

give written notice to the other party or parties that the party giving the notice desires the arrangement to terminate upon a date specified in the notice or notices, not being earlier than 6 months after the day on which the notice, or the last of the notices, is given.

  (4)   Where a party has duly given such a notice, the Commonwealth Minister must, not less than 3 months before the date specified in the notice or notices, cause to be published in the Gazette a notice stating that, because of notice of termination given by that party, the arrangement will cease to have effect on the date specified in the notice or notices.

  (5)   Where the Commonwealth Minister has caused a notice to be so published, the arrangement ceases to have effect on the specified date.

  (6)   An arrangement under this Division may provide:

  (a)   that, for the purposes of the application of subsection   (3) in respect of the arrangement, a longer or shorter period is to be substituted for the period of 6 months mentioned in that subsection; and

  (b)   that, for the purposes of the application of subsection   (4) in respect of the arrangement, a longer or shorter period is to be substituted for the period of 3 months mentioned in that subsection.

  (7)   Upon the termination of an arrangement under this Division, plans of management, fishing permits, scientific permits and other instruments determined, granted, executed or published, and statutory fishing rights granted, for the purposes of the operation of this Act as affected by the arrangement cease to have effect.

  (8)   Subject to the requirements of section   23, after action for the purpose of the termination of an arrangement under this Division has been taken, but before the termination takes effect, the following things may be done for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated:

  (a)   plans of management, permits or other instruments may be determined, granted or executed;

  (b)   fishing rights may be granted;

but such a plan, instrument or fishing right does not have effect before the termination of the arrangement takes effect.

  (9)   An instrument approved under subsection   (1) is not a legislative instrument.