89Supervision of activities

89 Supervision of activities

(1)  [Section 89 Subsection (1) substituted by No. 45 of 1997, s. 25, Applied:13 Nov 1997] The holder of a licence must ensure that any activity carried out under the authority of the licence is supervised by a supervisor, a person designated under subsection (7) or under a form of supervision approved under subsection (5) .

Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years, or both, and a daily fine not exceeding 50 penalty units.

(2)  A supervisor is –

(a) if the licence is granted to a natural person, the licensee; or

(b) [Section 89 Subsection (2) amended by No. 24 of 2021, s. 11, Applied:31 Mar 2023] .  .  .  .  .  .  .  .  

(ba) [Section 89 Subsection (2) amended by No. 45 of 1997, s. 25, Applied:13 Nov 1997] a person approved to use a licence under section 87 ; or

(c) a person approved as substitute licensee under section 88 .

(3)  A person may be a supervisor in respect of activities carried out under one marine farming licence or under more than one specified marine farming licence.

(4)  [Section 89 Subsection (4) amended by No. 7 of 2007, s. 28, Applied:30 Apr 2007] [Section 89 Subsection (4) substituted by No. 45 of 1997, s. 25, Applied:13 Nov 1997] A supervisor must ensure that any activity carried out under a licence complies with this Act as if the supervisor were the holder of the licence.

Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years, or both, and a daily fine not exceeding 50 penalty units.

(5)  [Section 89 Subsection (5) amended by No. 24 of 2021, s. 11, Applied:31 Mar 2023] If for any reasonable reason the supervisor is unable to supervise an activity, the Secretary may approve another form of supervision that is acceptable in the circumstances.