Living Marine Resources Management Act 1995

The Minister, by instrument in writing, may exempt a person or a class of persons from any provision of this Act.

The Minister must not, under subsection (1), exempt a person or a class of persons from a requirement to hold a licence in relation to an activity, referred to in section 64(1)(a) or (c), that relates to finfish farming.

The exemption may be granted on the Minister's own initiative or consequent on an application made by or on behalf of the person or class of persons.

The Minister, having regard to any relevant considerations, may grant the exemption – for such period not exceeding 3 years as the Minister thinks fit; and on such conditions, if any, as the Minister thinks fit.

The Minister, by instrument in writing, may at any time – vary the conditions of the exemption, if any; or revoke the exemption.

The Minister is to ensure that each person who has the benefit of the exemption is given adequate advance notice of the variation of its conditions or of its revocation.

However, in the case of a class exemption where not all members of the class are individually known, notice under subsection (5) may be given by means of a public notice.

The exemption remains in force until the first of the following occurs:the period for which the exemption has been granted expires; the exemption is revoked.

A person must not contravene a condition of an exemption granted under this section. Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 6 months, or both, and a daily fine not exceeding 5 penalty units.

In this section – relevant consideration, in relation to the granting of an exemption, includes – the reasons for, and the nature and scope of, the exemption; and the purpose and objectives of this Act set out in section 7; and whether the exemption is likely to yield any commercial, educational, environmental, economic, scientific or other benefit (either locally, nationally or internationally) having particular regard to fisheries or allied industries; and whether the exemption is likely to involve any risk to the State's fisheries or allied industries; and whether the objects of the exemption are reasonably capable of being attained by other means; and the likely impact of the exemption, if any, on the operation of any management plan; and whether the exemption will be fair having regard to the interests and obligations of any existing licence and permit holders; and the character and antecedents of any person who will have the benefit of the exemption; and the Crown's experience with any exemptions of a similar kind; and compliance monitoring requirements.