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Fisheries Act 1988
67Joint Authority to exercise certain powers instead of Director
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67 Joint Authority to exercise certain powers instead of Director
(1) Subject to this section, a licence, permit, approval or endorsement
granted, given or made under this Act otherwise than because of
this section or a management plan made under Subdivision 2, does
not authorise the doing of an act or a thing by or in relation to a
Joint Authority fishery.
(2) In respect of a Joint Authority fishery that is to be managed in
accordance with the law of the Territory, the Joint Authority may, to
the exclusion of the Director, exercise the powers conferred on the
Director by or under:
(a) this Act, other than Part 3 and this Part; or
(b) the Regulations.
(2A) In subsection (2), a reference to the powers conferred on the
Director includes:
(a) powers conferred before or after the commencement of this
Part; and
(b) powers with respect to the issue, renewal, cancellation and
suspension of licences.
Fisheries Act 1988 79
(3) In exercising a power referred to in subsection (2), a Joint Authority:
(a) is not subject to the direction of the Minister; and
(b) must not exercise a power so that a licence granted, given or
made by the Joint Authority applies in relation to a Joint
Authority fishery, or Joint Authority fisheries, not managed by
that Joint Authority.
(4) A Joint Authority may endorse a licence (including such a licence
granted by that Joint Authority or another Joint Authority) so as to
extend the operation of the licence to matters to which the licensing
powers of the Joint Authority under this Act are applicable and,
where such an endorsement is made:
(a) the endorsement ceases to have effect if the licence ceases to
have effect; and
(b) the Joint Authority may suspend or cancel the endorsement as
if it were a licence granted by that Joint Authority.
(5) Subject to section 70(1)(b) and (c), where, at a time a fishery
becomes a Joint Authority fishery, a regulation, notification or order
under this Act would, but for this section, apply to the fishery, the
regulation, notification or order, as the case may be, ceases so to
apply.
(6) This section does not empower a Joint Authority to grant, or to take
other action in respect of, a licence in respect of a foreign boat or to
endorse such a licence.