Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 70, in Part VI
insert
(1) This section applies if a management area or managed fishery that is a Joint Authority fishery is declared under section 22.
(2) The Joint Authority 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.
(1) For the purposes of assisting the Joint Authority in preparing proposed plans and giving advice in relation to management plans, the Joint Authority may, as the Joint Authority thinks fit, from time to time establish and, after having due regard to the users of an area or fishery, appoint members to an advisory committee for each management area or managed fishery.
(2) Each such committee must be chaired by a person nominated by the Joint Authority and may include members representing commercial, processing, wholesaling, retailing, recreational, consumer or other interests in the area relating to fishing, fish or aquatic life.
(1) A proposed plan being prepared under section 70A must:
(a) contain a description of the management area or managed fishery; and
(b) make provision in relation to the managed area or managed fishery with respect to any of the matters specified in Schedule 2 that the Joint Authority considers applicable.
(2) After preparing a proposed plan under section 70A, the Joint Authority must 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 70A, 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 Joint Authority 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 Joint Authority may:
(a) make any amendments to the plan that the Joint Authority thinks fit; and
(b) approve the plan, after advising the relevant advisory committee of any amendments and the reasons for them.
(1) If a Joint Authority is of the opinion that an amendment to a management plan that it has made is required, the Joint Authority may:
(a) if the proposed amendment is, in the Joint Authority's opinion, a minor amendment – approve the amendment; or
(b) if the proposed amendment is not, in the Joint Authority's opinion, a minor amendment – give notice of the proposed amendment to the plan, and the place or places where a copy of it may be inspected, in:
(i) the Gazette ; or
(ii) a newspaper circulating throughout the Territory.
(2) There may be included with a proposed amendment under subsection (1) any explanatory notes that the Joint Authority thinks fit, but those notes do not form part of the proposed amendment or an amendment to the plan.
(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 Joint Authority may:
(a) make any amendments to the proposed amendment that the Joint Authority thinks fit; and
(b) approve the amendment, after advising the relevant advisory committee of any amendments and the reasons for them.
(1) This section applies if, at any time, an emergency occurs that, in the opinion of the Joint Authority 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 by the Joint Authority.
(2) Despite any provision to the contrary in this Act or the management plan, the Joint Authority 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 it 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 published 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 Joint Authority at any time; and
(b) is taken to be revoked on the expiry of the period specified in the Gazette notice published under subsection (2) or a subsequent Gazette notice published under subsection (4).