Pearling Act 1990

Save as provided in this section, a licence or permit issued or renewed under this Act otherwise than by virtue of this section does not authorise the doing of any act or thing in or in relation to a Joint Authority pearl oyster fishery.

In respect of a Joint Authority pearl oyster fishery that is to be managed in accordance with the law of the State, the powers (including powers with respect to the issue, renewal, cancellation and suspension of licences and permits) conferred on the Minister or any other person under this Act (this Part excepted) are exercisable by the Joint Authority instead of the Minister or the other person and are so exercisable as if references in the relevant provisions to the Minister, and to the other person, were references to the Joint Authority.

A licence or permit granted under this Act by a Joint Authority shall contain such conditions and limitations as are necessary to ensure that it applies only in relation to a Joint Authority pearl oyster fishery, or Joint Authority pearl oyster fisheries, managed by the Joint Authority.

A Joint Authority may endorse a licence or permit issued under this Act (including such a licence or permit issued by the Joint Authority or another Joint Authority) so as to extend the operation of the licence or permit to matters to which the licensing powers of the Joint Authority under this Act are applicable and, where such an endorsement is made —

the endorsement ceases to have effect if the licence or permit ceases to have effect; and

the Joint Authority may suspend or cancel the endorsement as if it were a licence or permit granted by the Joint Authority.

Subject to section 48(1)(b) and (c), where, at a time a pearl oyster fishery becomes a Joint Authority pearl oyster fishery, any subsidiary legislation made under this Act would, but for this subsection, apply to the pearl oyster fishery, that subsidiary legislation ceases so to apply.

This section does not empower a Joint Authority to issue, or to take other action in respect of, a licence in respect of a foreign boat or to endorse such a licence.