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Fisheries Act 1988
26Minister may make emergency amendments to management
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26 Minister may make emergency amendments to management
plans
(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.
Fisheries Act 1988 37
(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
(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).