40CWho makes fishing determinations

40C Who makes fishing determinations

40C Who makes fishing determinations

(1) A fishing determination may be made by either the TAF Committee or the Secretary.

(2) If the regulations require a fishing determination to be made, they may also specify whether the TAF Committee or the Secretary is to make the fishing determination.

(3) If the regulations do not specify who is to make a fishing determination required by the regulations, the Minister may direct either the TAF Committee or the Secretary to make the fishing determination, subject to this section.

(4) The Minister is to direct the Secretary to make a fishing determination that is required by the regulations only if the Minister considers it expedient for the Secretary to make the fishing determination because—

(a) there is in existence a scientific assessment of the species of fish, fishery or fishing method concerned that, in the opinion of the Minister, is relevant, robust and sufficiently recent to allow a determination to be made, and

(b) to require the TAF Committee to make the fishing determination would involve an unnecessary duplication of that assessment.

(5) For any fishing determination that is not required by the regulations, the Minister may direct the fishing determination to be made by either the TAF Committee or the Secretary.

pt 2A, divs 1–3 (ss 40A–40O): Ins 2015 No 59, Sch 1 [21].