sec.52Special management provision

sec.52 Special management provision

Section 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting. However, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if— the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999. The chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened. For subsection (2) (b) , a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered. s 52 amd 2019 SL No. 71 s 59 sch 1 (sec.52-ssec.1) Section 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting. (sec.52-ssec.2) However, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if— the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999. (sec.52-ssec.3) The chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened. (sec.52-ssec.4) For subsection (2) (b) , a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered.

• (a) the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and