Pearling Act 1990

Where a Joint Authority is to manage a pearl oyster fishery in accordance with the law of the State, the Governor may, for the purpose of giving effect to a decision of the Joint Authority and having perused the written record of that decision —

make regulations for the management of the pearl oyster fishery; or

make a regulation applying to the pearl oyster fishery a regulation made otherwise than pursuant to this section; or

amend a regulation made otherwise than pursuant to this section so that it is expressed to apply to the pearl oyster fishery, whether or not it also applies to any other pearl oyster fishery.

Where a Joint Authority is to manage a pearl oyster fishery in accordance with the law of the State, the Minister may, for the purpose of giving effect to a decision of the Joint Authority and having perused the written record of that decision —

by notice published in the Gazette apply to the pearl oyster fishery a notice under this Act given otherwise than pursuant to this section; or

amend by notice published in the Gazette a notice under this Act given otherwise than pursuant to this section so that it is expressed to apply to the pearl oyster fishery, whether or not it also applies to any other pearl oyster fishery.

The power conferred on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c).

Where a regulation or notice affecting a pearl oyster fishery that is to be managed by a Joint Authority is expressed to be made or given pursuant to this section, it shall be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority and that the Governor or the Minister, as the case requires, had perused the written record of that decision before that regulation or notice was made or given.