Northern Territory Numbered Acts Northern Territory Numbered ActsIf an applicant for a licence already holds a licence, any further grant of a licence during the term of that licence may be made by noting the grant on the original licence.
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(1) This section applies if a management area or managed fishery that is not a Joint Authority fishery is declared under section 22.
Note for subsection (1)
For a management area or managed fishery that is a Joint Authority fishery, see section 70A.
(2) The Director must, as soon as practicable after the declaration, prepare a proposed plan for the whole or part of the management area or managed fishery for the purposes specified in section 21 and having regard to the need for coordination between management areas or between managed fisheries or among any of them.
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(1) A proposed plan being prepared under section 23 must contain a description of the management area or managed fishery and make provision in relation to the managed area or managed fishery with respect to any of the matters specified in Schedule 2 that the Director considers applicable.
(2) A proposed plan prepared under section 23 must be submitted to the Minister and, if the Minister agrees in principle with it, the Minister may give notice of the proposed plan, and the place where a copy of it may be inspected, in:
(a) the Gazette ; or
(b) a newspaper circulating throughout the Territory.
(3) There may be included with each proposed plan prepared under section 23, but so as not to form part of the plan:
(a) an outline of the history and status of the fishery; and
(b) the policy and objectives of the plan; and
(c) any other information relating to the fishery that the Director thinks fit.
(4) Not less than 1 month after the date of notification under subsection (2), and after considering any submissions made in respect of the proposed plan, the Minister may:
(a) make any amendments to the plan that the Minister thinks fit; and
(b) approve the plan, after advising the relevant advisory committee of any amendments and the reasons for them.
(1) Section 25A, heading, after " to "
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management
(2) Section 25A(1)
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fishery management plan
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management plan made under this Part
(3) Section 25A(1)(b)
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(b) where the proposed amendment is not accompanied by a statement mentioned in paragraph (a) – give notice of the proposed amendment to the plan, and the place where a copy of it may be inspected, in:
(i) the Gazette ; or
(ii) a newspaper circulating throughout the Territory.
(4) Section 25A(3)
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(3) Not less than 1 month after the date of notification under subsection (1)(b), and after considering any submissions made in respect of the proposed amendment, the Minister may:
(a) make any amendments to the proposed amendment that the Minister thinks fit; and
(b) approve the amendment, after advising the relevant advisory committee of any amendments and the reasons for them.
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(1) This section applies if, at any time, an emergency occurs that, in the opinion of the Minister after consultation with the appropriate advisory committee (if any), endangers or may endanger stocks of fish or aquatic life, or any species or class of fish or aquatic life, in any management area or managed fishery in respect of which there is a management plan made under this Part.
(2) Despite any provision to the contrary in this Act or the management plan, the Minister may, by Gazette notice, amend the plan to the extent required by the emergency.
(3) Subject to this section, an amendment made under subsection (2):
(a) takes effect on the date the notice is published in the Gazette or any later date specified in the notice; and
(b) remains in effect for the period not exceeding 90 days specified in the notice.
(4) A period specified under subsection (3) may be extended for one further period not exceeding 90 days by a subsequent Gazette notice given before the expiry of the original period.
(5) The particulars of a Gazette notice published under this section must be advertised twice in at least one newspaper circulating generally in the area concerned.
(6) An amendment made under subsection (2):
(a) may be revoked by the Minister at any time; and
(b) is taken to be revoked on the expiry of the period as specified in the Gazette notice published under subsection (2) or a subsequent Gazette notice published under subsection (4).
(1) Section 29(1)
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all words from "operative" to "of them"
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management plan, the Minister may, by Gazette notice, after consultation with the appropriate advisory committee (if any) and despite anything to the contrary in this Act, or in any licence or permit
(2) Section 29(1)(a) and (b), at the end
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or
(3) Section 29(2)
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all words from "Any" to "shall be"
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A notice under this section must contain brief reasons for the restrictions and be
(4) Section 29(3) and (4)
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(3) The particulars of a notice under this section must be advertised twice in at least one newspaper circulating generally in the area concerned.
(4) A notice under this section takes effect on the date the particulars of the notice are advertised under subsection (3) for the second time or any later date specified in the notice.
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(1) This section applies if:
(a) a Fisheries Officer believes on reasonable grounds that a person is or has been engaged in:
(i) taking, processing for sale, selling or buying fish or aquatic life; or
(ii) aquaculture; and
(b) the Fisheries Officer believes it is necessary to exercise a power under subsection (2):
(i) to assist in the conservation or management of a fishery; or
(ii) for the enforcement of this Act.
(2) Subject to section 32, the Fisheries Officer may at all reasonable times without warrant:
(a) do any of the following:
(i) stop, enter and examine a vehicle or vessel;
(ii) enter and examine premises or a place;
(iii) detain and examine a record, document, article, fishing gear, container, apparatus or device;
(iv) open and examine the contents of a container; and
(b) require a person to unlock a vehicle, vessel, premises, place or container, if the person:
(i) is the owner of, is in possession of, or is the person who locked the item or place required to be unlocked; and
(ii) is in the immediate vicinity; and
(c) take samples and conduct tests; and
(d) require:
(i) a person to answer a question; and
(ii) the master of a vessel, or any other person, to give an explanation or information about the vessel or a vehicle, place, fish, aquatic life, fishing method, fishing gear, container, apparatus, record, document, article, device or other thing; and
(e) require a person mentioned in paragraph (d):
(i) to produce within 7 days a licence, permit, special permit or other authority or certificate issued in relation to the vessel, vehicle, person or thing; and
(ii) to produce immediately evidence of the person's identity.
(3) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a requirement made under subsection (2)(b), (d) or (e) and the person is reckless in relation to the result.
Maximum penalty: 100 penalty units.
(4) A person is not excused from answering a question or giving an explanation or information if required to do so under subsection (2)(d), on the ground that the answer, explanation or information might tend to incriminate the person or make the person liable to a penalty.
(5) However, the answer, explanation or information is not admissible in evidence against the person in a civil or criminal proceeding except a proceeding for an offence against section 35A in relation to the answer, explanation or information.
(1) Section 31(1)(a) to (e), at the end
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and
(2) Section 31(1)(c)
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cupboard, drawer, chest, trunk, box, cage, package or other receptacle,
(3) Section 31(1)(d), after "equipment"
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(including fishing monitoring equipment and vessel monitoring systems)
(4) Section 31(1)(f)
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(f) require a person to open a locked, barred or otherwise secured gate, door or container; and
(5) Section 31(2)
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(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a requirement made under subsection (1)(e) or (f) and the person is reckless in relation to the result.
Maximum penalty: 100 penalty units.
(1) Section 32(2)
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(2) Section 32(3)(a) and (b)
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order
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require
(3) Section 32(4)
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(4) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a requirement made under subsection (3) and the person is reckless in relation to the result.
Maximum penalty: 100 penalty units.
(4) Section 32(6)
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shall
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must
(5) Section 32(6), at the end
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Note for subsection (6)
Section 8(4) provides that the production of an identity card is sufficient authority for a Fisheries Officer to exercise powers.
(6) Section 32(7)
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(7) Section 32(9)
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shall have
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has