138Joint Authority to exercise certain powers instead of Minister

#### 138 Joint Authority to exercise certain powers instead of Minister 138 Joint Authority to exercise certain powers instead of Minister > > (1) Subject to this section, a licence or endorsement granted, issued, renewed or made under this Act otherwise than by virtue of this section does not authorise the doing of any act or thing in 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 State, or part of which is to be managed in accordance with the law of the State, the powers conferred on the Minister or the Minister’s delegate by or under this Act (this Part excepted) or the regulations (including powers with respect to the issue, renewal, cancellation and suspension of licences) are exercisable by the Joint Authority to the exclusion of the Minister and the Minister’s delegate. > > > (3) A licence granted under this Act by a Joint Authority is required to contain conditions and limitations that it does not apply 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 under this Act (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, if 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 the Joint Authority. > > > (5) Subject to section 141(1)(b) and (c), if, at a time a fishery becomes a Joint Authority fishery, a regulation, notification or order under this Act would, but for this subsection, 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. > > **s 138:** Am 2009 No 114, Sch 1 \[72\].