Schedule 1 Amendments
(section 3)
[1] Subsection 3 (1)
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(1) In this plan,
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In this Plan,
[2] Subsection 3 (2), except the note
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[3] Subsection 3 (2), note
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[Note
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Note
[4] Subsection 3 (2), note
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Act.]
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Act.
[5] Section 7
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7 Gear statutory fishing rights
(1) A gear statutory fishing right is a right to use the following equipment for commercial fishing in the Northern Prawn Fishery area:
(a) if a determination under section 7A is in force:
(i) a prawn trawl net with an operational headrope of a length calculated by dividing the total length of operational headrope specified in the determination by 53 844 (measured when the rope is taut); and
(ii) a prawn trawl net with an operational footrope of a length calculated by multiplying the length of operational headrope worked out under subparagraph (i) by 1.15 (measured when the rope is taut); and
(iii) the netting attached to that operational headrope and footrope;
(b) if no determination is in force under section 7A:
(i) 10 centimetres of operational headrope, and 11.5 centimetres of operational footrope, of a prawn trawl net (measured when the ropes are taut); and
(ii) the netting attached to that operational headrope and footrope.
(2) The result of a calculation made under subsection (1) must be:
(a) if the calculation results in a number of centimetres ending in 0.5 or more — rounded up to the next centimetre; or
(b) if the calculation results in a number of centimetres ending in less than 0.5 — rounded down to the next centimetre.
7A Determination of fishing capacity
(1) AFMA may determine a total length of operational headrope that may be used under gear statutory fishing rights in the area of the Northern Prawn Fishery.
Note A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901: see subsection 17 (6B) of the Act.
(2) Before making a determination under subsection (1), AFMA must:
(a) consult, and consider the views of, the Northern Prawn Fishery Management Advisory Committee; and
(b) invite interested persons to make representations in connection with the proposed determination by a date specified in the invitation; and
(c) consider any representations received from interested persons by the date specified in the invitation under paragraph (b).
(3) A determination under subsection (1) must not commence within 4 months after it is notified in the Gazette.
(4) In subsection (2):
interested person includes:
(a) a person who can demonstrate an ongoing involvement in the Northern Prawn Fishery that is likely to be affected by a determination under subsection (1); and
(b) an entity the objects or purposes of which include, or the activities of which relate to, the Northern Prawn Fishery.
[6] Paragraph 22 (1) (d)
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clause 25;
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section 25;
[7] Subsection 25 (1), note
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[Note
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Note
[8] Subsection 25 (1), note
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above.”.]
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above.”.
[9] Subsection 25 (5), note
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[Note
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Note
[10] Subsection 25 (5), note
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Act.]
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Act.
[11] Subsection 26 (4), note 1
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[Note 1
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Note 1
[12] Subsection 26 (4), note 2
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certificate.]
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certificate.