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FISHERIES LEGISLATION (CONSEQUENTIAL PROVISIONS) ACT 1991 - SECT 9

Saving—licences and permits under the Continental Shelf (Living Natural Resources) Act 1968

(1)
Despite the repeal of the Continental Shelf (Living Natural Resources) Act 1968 by this Act, a prescribed concession that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it otherwise ceases to have effect, as if the Continental Shelf (Living Natural Resources) Act 1968 had not been repealed and that Act and instruments made or determined under that Act (including regulations or notices) as in force immediately before the commencement of this section continue to apply in relation to the prescribed concession, the holder of the concession or a person acting on behalf of the holder of the concession to the extent that they are capable of so applying.

(2)
Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation under the Continental Shelf (Living Natural Resources) Act 1968 in its continued application, of an instrument mentioned in that subsection.

(3)
A person is not guilty of an offence against the Fisheries Management Act 1991 , or regulations under that Act, because of anything done by the person that is authorised by a prescribed concession continued in force under subsection (1).

(4)
In this section:

"prescribed concession" means:

(a)
a licence granted to a person under section 13 of the Continental Shelf (Living Natural Resources) Act 1968 ; or
(b)
a permit granted to a person under section 23 of that Act.


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