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TORRES STRAIT FISHERIES ACT 1984 - SECT 36

Powers of Protected Zone Joint Authority with respect to licences etc.

  (1)   Subject to this section, a licence, Treaty endorsement or entry granted or made under this Act otherwise than by virtue of this section does not authorise the doing of any act or thing in or in relation to a Protected Zone Joint Authority fishery.

  (2)   In relation to a Protected Zone Joint Authority fishery that is to be managed in accordance with the law of the Commonwealth, the powers of the Minister under the provisions of Part   IV are exercisable under those provisions by the Protected Zone Joint Authority as if references to the Minister in those provisions were references to the Protected Zone Joint Authority.

  (3)   A licence or Treaty endorsement granted under this Act by the Protected Zone Joint Authority shall contain such conditions or limitations as will ensure that it applies only in relation to a Protected Zone Joint Authority fishery or Protected Zone Joint Authority fisheries.

  (4)   Subject to subsection   (5A), the Protected Zone Joint Authority may make an entry in a licence or Treaty endorsement granted under this Act otherwise than by virtue of this section so as to extend the operation of the licence or endorsement, as the case may be, to matters to which the licensing powers of the Protected Zone Joint Authority under this Act are applicable and, where such an entry is made:

  (a)   the entry ceases to have effect if the licence or endorsement, as the case may be, ceases to have effect; and

  (b)   the Protected Zone Joint Authority may vary, suspend or revoke the entry as if it were an entry made by the Protected Zone Joint Authority under section   21.

  (5)   Such fee (if any) as is prescribed is payable in respect of the making of an entry in a licence under subsection   (4).

  (5A)   Where:

  (a)   a fee is payable under this Act in respect of the making under subsection   (4) of an entry in a licence granted under this Act; or

  (b)   levy is payable under the Fisheries Levy Act 1984 on the making under subsection   (4) of an entry in a licence granted under subsection   19(2), (3) or (4A);

the Protected Zone Joint Authority shall not make the entry unless the holder of the licence tenders the amount of the fee or levy, as the case may be.

  (6)   This section does not:

  (a)   empower the Protected Zone Joint Authority to grant, to make, or to take other action in respect of, a licence or entry in respect of a foreign boat; or

  (b)   affect the operation of a licence or entry granted or made by the Minister in respect of a foreign boat or the power of the Minister to grant, or to take other action in respect of, such a licence or entry, as the case may be.



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