Document ID: chunk:federal_register_of_legislation:C2012A00131:clause:1_390sf
Version: federal_register_of_legislation:C2012A00131
Segment Type: clause
Provision Reference: sch 1 cl 390SF
Character Range: 7002–9253

390SF  Final declaration

Making a final declaration
 (1) The Minister may, by legislative instrument, make a declaration (a final declaration) that a specified commercial fishing activity is a declared commercial fishing activity.
Note 1: For variation of a final declaration, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: For revocation of a final declaration, see section 390SG.
 (2) The Minister must not make a final declaration unless:
 (a) the commercial fishing activity is the same as a commercial fishing activity that is, or was, specified in an interim declaration under section 390SD; and
 (b) consultation under section 390SE has occurred in relation to the commercial fishing activity; and
 (c) the Minister has considered any written submission that:
 (i) was made under section 390SE by a declaration affected person; and
 (ii) was lodged during the period referred to in paragraph 390SE(2)(b); and
 (d) the Minister and the Fisheries Minister agree that there is uncertainty about the environmental impacts of the commercial fishing activity; and
 (e) the Minister and the Fisheries Minister agree that it is appropriate that:
 (i) an expert panel be established under section 390SH to conduct an assessment of the commercial fishing activity and report on the matter; and
 (ii) the commercial fishing activity be prohibited in a Commonwealth marine area while the expert panel conducts the assessment.

When a final declaration is in force
 (3) A final declaration:
 (a) comes into force at the end of the day on which it is registered in the Federal Register of Legislative Instruments; and
 (b) remains in force until the earliest of the following times:
 (i) the end of the day on which the report of the expert panel is published on the Department's website under paragraph 390SL(a);
 (ii) the end of the period specified in the declaration as the period for which the declaration is in force;
 (iii) if the declaration is revoked—when the revocation comes into force.

Specified period for which final declaration is in force
 (4) The Minister must specify in a final declaration the period for which it is to be in force. The period must not be longer than 24 months.

Subdivision D—Revoking declarations