18Classification and opening of certain areas

18 Classification and opening of certain areas

(1)  The Chief Inspector may, by written notice published in accordance with regulation 19  –

(a) classify, for the purposes of this seafood food safety scheme, an area as –

(i) an approved area for the taking of the class or species of regulated seafood specified in the notice; or

(ii) a restricted area for the taking of the class or species of regulated seafood specified in the notice; or

(b) temporarily close all or part of an approved area, or restricted area, in respect of all regulated seafood or any class or species of regulated seafood specified in the notice; or

(c) vary or revoke a notice made under this subregulation.

(2)  A classification notice may be made subject to any conditions the Chief Inspector considers appropriate.

(3)  The Chief Inspector is to take into account the following before making a classification notice:

(a) the objectives of the Act;

(b) the relevant standard;

(c) any program, code, standard, document or guideline relating to safety or suitability of seafood that the Chief Inspector has notified in the Gazette;

(d) any advice or direction given to the Chief Inspector by the Director of Public Health or the Director of the Environment Protection Authority in respect of the safety or suitability of seafood that may be taken from the area to which the classification notice relates.

(4)  The Chief Inspector must provide the Director of Public Health, and the Director of the Environment Protection Authority, with a reasonable opportunity to assess and comment on a program, code, standard, document or guideline that the Chief Inspector intends to notify under subregulation (3)(c) .

(5)  Without limiting subregulation (4) , the Chief Inspector provides a reasonable opportunity under that subregulation if the Chief Inspector provides a written copy of the proposed notice to the Director of Public Health, and the Director of the Environment Protection Authority, at least 28 days before the notice is to be published in the .