Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p10
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 23712–26336

a particular area, a particular species or type or a particular quantity of fish, a particular kind, size or quantity of fishing equipment, a particular number of boats, a particular period of fishing, or any combination of the above; and

        (aa) determine, or provide for AFMA to determine, the fishing capacity, measured by that method or those methods, permitted for the fishery or a part of the fishery in respect of a particular period or periods; and";

(c) by inserting after subsection (6) the following subsections:

  "(6A) Paragraph (6)(aa) authorises the making of a determination in respect of the fishing capacity of a fishery or a part of a fishery that has the effect that no fishing capacity is permitted for the fishery or that part of the fishery in respect of a particular period or periods.

  "(6B) A direction given by AFMA under paragraph (5A)(a) or a determination made by AFMA under paragraph (6)(aa) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

  "(6C) If a plan of management for a fishery provides for the management of the fishery by means of a system that consists of or includes statutory fishing rights, the plan:

        (a) may oblige a person who holds, in respect of the fishery, a fishing concession of a particular kind or fishing concessions of particular kinds also to hold, in respect of the fishery, a fishing concession of another kind or fishing concessions of other kinds, as stated in the plan; and

        (b) without limiting the generality of paragraph (a), may oblige a person who holds, in respect of the fishery, a fishing right of a particular kind or fishing rights of particular kinds also to hold, in respect of the fishery, a fishing right of another kind or fishing rights of other kinds, as stated in the plan; and

        (c) in respect of each kind of fishing right that a person holds in respect of the fishery—may do either or both of the following:

            (i) oblige the person to hold not fewer than such number of fishing rights of that kind as is stated in the plan or worked out using a formula so stated;

            (ii) oblige the person not to hold more than such number of fishing rights of that kind as is stated in the plan or worked out using a formula so stated.";

  (d) by adding at the end the following subsection:

    "(11) AFMA may, by writing under its common seal, delegate any powers conferred on it under a plan of management in accordance with paragraph (5A)(a) or (6)(aa) to the Managing Director of AFMA, but to no other person.".

Nature of a statutory fishing