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Fisheries Act 1996

Repeals, amendments, validations, savings, and transitional provisions - Savings and transitional provisions

329: Validation of certain decisions relating to permits

You could also call this:

"Making sure some old fishing permit decisions are valid"

Illustration for Fisheries Act 1996

You need to know that some decisions about fishing permits are valid. These decisions were made by the Director-General of Agriculture and Fisheries before 1 October 1992. They were about issuing, varying, refusing, revoking, or cancelling fishing permits under section 63 or special permits under section 64 of the Fisheries Act 1983. You also need to know that some decisions about fishing permits made on or after 1 October 1992 are valid. These decisions were made by the chief executive about issuing, varying, refusing, revoking, or cancelling fishing permits under section 63 or special permits under section 64 of the Fisheries Act 1983. There are some exceptions to these rules. If someone is challenging a decision in court, it may not be valid. If you asked for a review of a decision before this law started, it may not be valid either. If you were given a special permit because of an administrative error, the chief executive may give you a different permit. When you get the new permit, your special permit will be cancelled. This is according to section 64(1)‎(c) of the Fisheries Act 1983 or section 97(1)‎(c) of this Act.

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Topics:
Environment and resources > Farming and fishing
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"Your old fishing licences and permits are still valid under the new law."

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Part 17Repeals, amendments, validations, savings, and transitional provisions
Savings and transitional provisions

329Validation of certain decisions relating to permits

  1. Every decision and every purported decision of the Director-General of Agriculture and Fisheries—

  2. made in respect of the issue, variation, refusal, revocation, or cancellation of any fishing permit under section 63 or any special permit under section 64 of the Fisheries Act 1983; and
    1. made before 1 October 1992—
        1. is hereby declared to be and always to have been valid.

      1. Every decision and every purported decision of the chief executive (whether made by the chief executive or the Director-General of Agriculture and Fisheries)—

      2. made in respect of the issue, variation, refusal, revocation, or cancellation of any fishing permit under section 63 or special permit under section 64 of the Fisheries Act 1983; and
        1. made on or after 1 October 1992 but before the commencement of this section—
            1. is hereby declared to be and always to have been valid.

          1. Subsection (1) does not apply to a decision or purported decision referred to in that subsection if the decision or purported decision is being challenged in or is otherwise subject to any court proceedings commenced before the date of commencement of this section.

          2. Subsection (2) does not apply to a decision or purported decision referred to in that subsection if—

          3. the decision or purported decision is being challenged in or is otherwise subject to any court proceedings commenced before the date of commencement of this section; or
            1. the applicant for the permit which was the subject of a decision or purported decision referred to in that subsection—a notice requesting the chief executive to review that decision or purported decision.
              1. has, before the commencement of this section, lodged with the chief executive; or
                1. within 12 months after the commencement of this section, lodges with the chief executive—

                2. Notwithstanding anything in section 93 of this Act or in section 63(13) of the Fisheries Act 1983, if a person has been or is granted a special permit under section 64(1)(c) of that Act or section 97(1)(c) of this Act, being a special permit granted to rectify an administrative error, the following provisions shall apply:

                3. the chief executive may from time to time, but is not obliged to, issue to the person an appropriate fishing permit in place of the special permit:
                  1. upon the commencement of a fishing permit issued to any person under this subsection, the special permit held by that person shall be deemed to be revoked.