Northern Territory Numbered Acts

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FISHERIES LEGISLATION AMENDMENT ACT 2016 (NO 23 OF 2016) - NOTES

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Table of provisions

4A Application of Criminal Code
6 Delegation
7A Fisheries Inspectors

8 Identity cards

8A Return of identity card
9B Notice to registered third party interest holder

Part 2A Licences, permits and vessel registration

Division 1 Requirement for licence or permit

10 Requirement for licence

11 Requirement for permit

Division 2 Licences and permits

12 Licence allocation for new fishery

13 Applying for and granting licence or permit

14 Conditions of licence or permit

15 Term of licence or permit

16 Expiry and renewals

16A Transfer of licence

16B Restriction on licensee performing fishing operations

16C Licence not personal property

17 Special permits

Division 3 Approved operators and persons in charge

17A Approved operators

17B Fit and proper person test

17C Identity card

17D Revocation of approval

17E Appointment of approved operator to be person in charge of fishing operations

17F Production of identity card

17G Offence if person in charge not appointed

17H Liability of person in charge for offences by others

17J Liability of licensee for offences by approved operator and others

Division 4 Registration of vessels

17K Requirement for registration of fishing vessels

18 Registration of fishing vessels

19 Tender vessels

Division 5 Cancellation or suspension of licence, permit or registration

20 Cancellation or suspension by court order

20A Cancellation or suspension by Director

20B Cancellation of vessel registration if licence or permit cancelled

20C Surrender of licence or permit

Division 6 Administrative provisions

20D Ministerial guidelines

20E Form of application

20F Notice of decision

20G Grant of licence may be noted on existing licence
23 Director to prepare proposed management plans
25 Procedure in relation to management plans
26 Minister may make emergency amendments to management plans
30 Powers of entry and examination
33 Powers of seizure

33A Release or forfeiture of things seized or proceeds of sale

33B Protection from liability

33C Powers of Fisheries Officers in relation to permit offences
34A Movement of fish without proper documents prohibited

35 Offence not to keep or supply records

35A Misleading information

36 Unauthorised disclosure of confidential information
37 Continuing offence
39 Obstruction of authorised officers

40 Liability of owner or person in control of registered vessel for illegal use of vessel, fishing gear or equipment

40A Failure of licensee or vessel owner to notify change of address for service

40B Unauthorised trafficking in or possession of fish of priority species

41 Falsely identifying fish or aquatic life for sale

42 Buying, selling or possessing fish or aquatic life taken illegally

43 Offences relating to aquaculture

43A Time for commencing prosecution
45A Court may order payment for permit offences

45B Court may order payment of costs of storage of things seized
Division 4A Infringement notice offences

46A Infringement notice offence and prescribed amount payable

46B When infringement notice may be given

46C Contents of infringement notice

46D Payment by cheque

46E Withdrawal of infringement notice

46F Application of Division

Division 4B Confiscation offences

46G Application of Division

46H Contravention notice

46J Seized property to be held by Director

46K Application by alleged offender or owner to Court in relation to contravention notice

46L Application by Director to Court in relation to contravention notice

46M How Court deals with matter

46N Relationship with other seizure powers
49 Management plans and certain notices to have status of regulations

Part 5 Miscellaneous matters

Division 1 Review of decisions

50 Review of decision made by delegate

50A Review by Tribunal

Division 2 Other matters
52 Fishing Industry Research and Development Trust Fund advisory committee
57 Acquisition on just terms
Subdivision 1 General matters

63A Definition
64A Variation and termination of arrangements

65 Application of this Act to fisheries in accordance with arrangements
Subdivision 2 Joint Authority fishery management plans

70A Joint Authority to prepare management plans

70B Fisheries management advisory committees

70C Procedure in relation to management plans

70D Amendments to management plans

70E Joint Authority may make emergency amendments to management plans
Part 8 Transitional matters for Fisheries Legislation Amendment Act 2016

72 Definitions

73 Offence provisions – before and after commencement

74 Licences, permits and vessel registration

75 Pending applications

76 Pending reviews by Director

77 Pending reviews by Local Court

78 Identity cards

79 Register

80 Pending applications for registration of third party interests

81 Management plans

82 Fishing Industry Research and Development Fund

83 Fishing Industry Research and Development Fund advisory committee
Schedule 3 Reviewable decisions
15 What is a noxious species
25 Permit required to trade in or release live exotic fish and aquatic life
28 Permit to import live fish or aquatic life to state certain matters
138 Licence required to trial gear or fishing methods
192 Licence required for tour operator
196A Licence does not authorise taking fish for sale
203 Licence required for selling or repairing nets
205A Infringement notice offences
209B Review of decisions made in relation to Joint Authority fishery
Schedule 1 Noxious species

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NORTHERN TERRITORY OF AUSTRALIA

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Act No. 23 of 2016

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[Assented to 9 June 2016]

[Second reading 20 April 2016]



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