AustLII Tasmanian Consolidated Acts

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LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 161

Division 2 - Arrangements with Commonwealth Arrangements with Commonwealth

(1)  The State may enter into an arrangement with the Commonwealth under the Commonwealth Act for the management of a particular fishery in State waters other than a fishery to which an arrangement under section 152 applies.
(2)  A fishery under subsection (1) is to be managed –
(a) under the law of the Commonwealth in the case of a fishery wholly or partly in coastal waters of the State; or
(b) under the law of Tasmania in the case of a fishery wholly or partly in waters on the seaward side of the coastal waters of the State.
(3)  The Minister may exercise any power under this Act in relation to a fishery referred to in subsection (2) (b) .
(4)  The power of the State to enter into an arrangement with the Commonwealth under subsection (1) includes the power to vary or terminate the arrangement.
(5)  If an arrangement entered into under subsection (1) is varied, a reference to the arrangement in any legislative or other instrument is, unless the context expressly or impliedly indicates otherwise, a reference to the arrangement as so varied.
(6)  For the avoidance of doubt, the marine farming of fish for research purposes is a fishery to which an arrangement under this section may apply.


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