Fisheries Act Commencement Order (No 2) 2001

2001/179

Fisheries Act Commencement Order (No 2) 2001


Note

This order is administered in the Ministry of Fisheries.


Pursuant to section 1(2) of the Fisheries Act 1996, section 1(4) of the Fisheries Act 1996 Amendment Act 1999, and section 1(3) of the Fisheries Act 1996 Amendment Act (No 2) 1999, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

1 Title
  • This order is the Fisheries Act Commencement Order (No 2) 2001.

2 Commencement of balance of Fisheries Act 1996 (except provisions relating to controlled fisheries and packhorse rock lobster)
  • (1) The following provisions of the Fisheries Act 1996 come into force on 1 August 2001:

    (2) Section 337 of the Fisheries Act 1996 (which relates to decisions of the Catch History Review Committee) comes into force on 30 September 2001.

    (3) Section 314(1)(e) of the Fisheries Act 1996, so far as it relates to the repeal of sections 13 to 28 of the Fisheries Act 1983 (which relate to the Fisheries Authority), comes into force on 1 October 2001.

    (4) The provisions of the Fisheries Act 1996 (other than those listed in subclause (5)) that are not already in force on 1 October 2001 come into force on that date.

    (5) The provisions of the Fisheries Act 1996 that are excluded from the operation of subclause (4) (and are not brought into force by this order) are—

    • (c) section 314(1)(c) (which repeals section 3 of the Fisheries Act 1983 and relates to the application of that Act to the exclusive economic zone):

    • (f) section 338 (which relates to the transitional fishing year for packhorse rock lobster).

3 Commencement of balance of Fisheries Act 1996 Amendment Act 1999
4 Commencement of balance of Fisheries Act 1996 Amendment Act (No 2) 1999

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings into force the balance of the Fisheries Act 1996 (except section 314(1)(a), (b), (c), and (x), section 314(1)(e) so far as it relates to controlled fisheries, and section 338) as follows:

sections 77 and 77A (which relate to over-fishing thresholds) come into force on 1 August 2001:

section 337 (which is a transitional provision relating to decisions of the Catch History Review Committee) comes into force on 30 September 2001:

the rest of the Act (other than the exceptions listed above) comes into force on 1 October 2001, and this includes the balance of Part 4 (which relates to the quota management system) and the whole of Part 5 (which relates to foreign licensed access).

The provisions not brought into force by this order relate to the repeal of provisions of the Fisheries Act 1983 relating to controlled fisheries, marine farming, and the transitional fishing year for packhorse rock lobster.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 July 2001.