Application of Act to holders of certain permits under Commonwealth Act
209A Application of Act to holders of certain permits under Commonwealth Act
(1) The holder from time to time of a permit or licence issued under the Commonwealth Act in respect of an arrangement made under Part 5 of that Act in relation to the Northern Prawn Fishery or a fishery in respect of tuna or tuna like species, is taken to hold a licence of the same kind under the Fisheries Act 1988 in respect of the internal waters of the Territory contiguous to the area of that fishery (a deemed licence).
(2) Subject to subregulation (3), a deemed licence is taken, for the Act, to have been granted subject to:
(a) the conditions specified on the permit or licence issued under the Commonwealth Act; and
(b) the condition that the holder of the deemed licence will comply with the Commonwealth Act and any instrument of a legislative or administrative character made under that Act applicable to the holder of such a licence or permit issued under that Act, as if the relevant internal waters were included in the fishery under the Commonwealth permit or licence.
(3) The holder of a deemed licence is permitted to take fish for sale in the relevant internal waters of the Territory, to sell such fish in the Territory and to take any action that is expressly permitted by or under the Commonwealth Act in respect of the fishery under the Commonwealth Act, notwithstanding that the action would, but for this regulation, not be permitted by or under the Fisheries Act 1988.
The holder of a deemed licence:
may not transfer the licence under section 16A of the Act; and
(b) is not, in relation to the licence, subject to the requirements of section 16, 16B or 17E of the Act.
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