161Arrangements with Commonwealth

161 Arrangements with Commonwealth

(1)  The State may enter into an arrangement with the Commonwealth under the Commonwealth Act for the management of a particular fishery in State waters other than a fishery to which an arrangement under section 152 applies.

(2)  A fishery under subsection (1) is to be managed –

(a) under the law of the Commonwealth in the case of a fishery wholly or partly in coastal waters of the State; or

(b) under the law of Tasmania in the case of a fishery wholly or partly in waters on the seaward side of the coastal waters of the State.

(3)  The Minister may exercise any power under this Act in relation to a fishery referred to in subsection (2) (b) .

(4)  [Section 161 Subsection (4) inserted by No. 7 of 2007, s. 44, Applied:30 Apr 2007] The power of the State to enter into an arrangement with the Commonwealth under subsection (1) includes the power to vary or terminate the arrangement.

(5)  [Section 161 Subsection (5) inserted by No. 7 of 2007, s. 44, Applied:30 Apr 2007] If an arrangement entered into under subsection (1) is varied, a reference to the arrangement in any legislative or other instrument is, unless the context expressly or impliedly indicates otherwise, a reference to the arrangement as so varied.

(6)  [Section 161 Subsection (6) inserted by No. 3 of 2022, s. 9, Applied:18 Mar 2022] For the avoidance of doubt, the marine farming of fish for research purposes is a fishery to which an arrangement under this section may apply.