Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 2 Fisheries management plan
5 Meaning of fisheries management plan
In this Act:
"fisheries management plan"—
(a) means a plan for the ACT detailing how fish and fisheries may be appropriately managed; and
Examples
1 conservation of fish in certain areas
2 stocking fish into waters
(b) includes anything required to be included by a conservator guideline; and
(c) may apply, adopt or incorporate an instrument as in force from time to time.
Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
6 Preparation and public consultation
(1) The conservator may prepare a draft fisheries management plan.
(2) If the conservator prepares a draft fisheries management plan, the conservator must also prepare a notice about the draft fisheries management plan (a public consultation notice ).
(3) A public consultation notice must—
(a) state that—
(i) anyone may give a written submission to the conservator about the draft fisheries management plan; and
(ii) submissions may be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act
and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period ); and
(b) include the draft fisheries management plan.
(4) A public consultation notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(5) If the conservator notifies a public consultation notice for a draft fisheries management plan—
(a) anyone may give a written submission to the conservator about the draft fisheries management plan; and
(b) the submission may be given to the conservator only during the public consultation period; and
(c) the person making the submission may, in writing, withdraw the submission at any time.
(6) At the end of the public consultation period, the conservator must—
(a) consider any submissions received during the consultation period; and
(b) make any revision to the draft fisheries management plan that the conservator considers appropriate; and
(c) state in the draft fisheries management plan a date on which the plan will be reviewed.
7 Approval of plan
(1) If the conservator has prepared a fisheries management plan under section 6, the conservator—
(a) if the plan involves a significant activity—must give the plan to the Minister for approval; or
(b) in any other case—may approve the plan.
(2) A fisheries management plan approved by the conservator is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Note 2 The power to make a fisheries management plan includes the power to amend or repeal the plan. The power to amend or repeal the plan is exercisable in the same way, and subject to the same conditions, as the power to make the plan (see Legislation Act
, s 46).
Note 3 Minor amendments may be made to the plan under s 10.
(3) In this section:
"significant activity", for a fisheries management plan, means—
(a) commercial fishing; or
(b) commercial trade of fish; or
(c) any other activity prescribed by regulation.
8 Minister to approve plan
(1) If the conservator gives a fisheries management plan to the Minister for approval, the Minister must—
(a) approve the plan; or
(b) direct the conservator to revise the plan under section 9.
(2) A fisheries management plan approved by the Minister is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Note 2 The power to make a fisheries management plan includes the power to amend or repeal the plan. The power to amend or repeal the plan is exercisable in the same way, and subject to the same conditions, as the power to make the plan (see Legislation Act
, s 46).
Note 3 Minor amendments may be made to the plan under s 10.
9 Minister's direction to revise plan
(1) This section applies if the conservator gives a fisheries management plan to the Minister for approval under section 8 or review under section 11.
(2) The Minister may direct the conservator to take 1 or more of the following actions in relation to the plan:
(a) carry out further stated consultation;
(b) consider a relevant report;
(c) revise the plan in a stated way.
(3) The conservator must—
(a) give effect to the direction; and
(b) resubmit the fisheries management plan to the Minister for approval.
(4) Section 8 applies to a fisheries management plan resubmitted by the conservator.
10 Minor amendments to plan
(1) This section applies if—
(a) a fisheries management plan is in force (the existing plan ); and
(b) the conservator considers that minor amendments to the existing plan are appropriate.
(2) The conservator—
(a) may prepare an amended fisheries management plan, incorporating the minor amendments; and
(b) need not comply with section 7 (1) (a); and
(c) may make the fisheries management plan, as amended.
Note A fisheries management plan approved by the conservator is a disallowable instrument (see s 7 (2)).
(3) In this section:
"minor amendment", of a fisheries management plan, means an amendment that will improve the effectiveness or technical efficiency of the plan without changing the substance of the plan.
Examples
1 minor correction to improve effectiveness
2 omission of something redundant
3 technical adjustment to improve efficiency
11 Review of plan
(1) The conservator must review a fisheries management plan—
(a) on the date stated in the plan; or
(b) at request of the Minister.
(2) If the fisheries management plan involves a significant activity, the conservator must prepare a notice about the review (a public consultation notice ).
(3) A public consultation notice must state—
(a) that the conservator is reviewing the fisheries management plan; and
(b) that anyone may give a written submission to the conservator about the fisheries management plan; and
(c) that submissions must be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act
and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period ); and
(d) where the fisheries management plan is available for inspection.
(4) A public consultation notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(5) If the conservator notifies a public consultation notice about the review of the fisheries management plan—
(a) anyone may give a written submission to the conservator about the plan; and
(b) the submission may be given to the conservator only during the public consultation period; and
(c) the person making the submission may, in writing, withdraw the submission at any time.
(6) At the end of the review, the conservator—
(a) may make minor amendments to the plan; or
(b) may prepare a new fisheries management plan; or
(c) if the conservator reasonably believes the plan is no longer needed—
(i) if the plan involves a significant activity—must give the plan to the Minister for review; or
(ii) in any other case—may revoke the plan.
(7) If the conservator gives a plan to the Minister under subsection (6), the Minister may direct the conservator to revise the plan under section 9.
12 Fisheries management plan—conservator to implement
If a fisheries management plan is in force, the conservator must—
(a) take reasonable steps to implement the plan; and
(b) consider the plan when making decisions under this Act.