Australian Capital Territory Numbered Acts

FISHERIES LEGISLATION AMENDMENT ACT 2019 (NO. 27 OF 2019) - SECT 54

substitute

113     Minister's guidelines

    (1)     The Minister may make guidelines (the Minister's guidelines ) about the exercise of the conservator's functions in relation to the following:

        (a)     the granting of a fisheries licence involving a significant activity;

        (b)     the conditions that the conservator may impose on a fisheries licence involving a significant activity;

        (c)     the considerations the conservator must have in deciding whether to register an applicant for a fish dealer's registration.

    (2)     The conservator must comply with the Minister's guidelines.

    (3)     A Minister's guideline is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (4)     In this section:

"significant activity", in relation to a fisheries licence, means—

        (a)     commercial fishing; or

        (b)     commercial trade of fish; or

        (c)     any other activity prescribed by regulation.

113A     Conservator guidelines

    (1)     The conservator may make guidelines (the conservator guidelines ) about the following:

        (a)     the exercise of the conservator's functions under this Act;

        (b)     matters relating to fisheries licences (except for fisheries licenses involving a significant activity);

        (c)     the conservation and management of fisheries;

        (d)     any other matters prescribed by regulation.

Note     The power to make guidelines includes the power to amend or repeal the guidelines. The power to amend or repeal the guidelines is exercisable in the same way, and subject to the same conditions, as the power to make the guidelines (see Legislation Act

, s 46).

    (2)     The conservator guidelines may apply, adopt or incorporate an instrument as in force from time to time.

    (3)     A conservator guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (4)     The Legislation Act

, section 47 (6) does not apply in relation to an instrument applied, adopted or incorporated as in force from time to time under this section.

Note     An instrument applied, adopted or incorporated under this section does not need to be notified under the Legislation Act

because  s 47 (6) does not apply (see Legislation Act

s 47 (7)).

    (5)     In this section:

"significant activity", in relation to a fisheries licence, means—

        (a)     commercial fishing; or

        (b)     commercial trade of fish; or

        (c)     any other activity prescribed by regulation.