Fisheries (General) Regulation 2019
sec.61Restriction on issue of particular resource allocation authorities
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sec.61 Restriction on issue of particular resource allocation authorities
The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates. Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates— the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities; for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area; for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area. (sec.61-ssec.1) The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates. (sec.61-ssec.2) Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates— the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities; for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area; for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.
- (a) the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;
- (b) for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;
- (c) for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.