Section 390SF — Environment Protection and Biodiversity Conservation Act 1999: Final declaration

Making a final declaration (1) The Minister may, by legislative instrument, make a declaration (a final declaration) that a specified commercial fishing activity is a declared commercial fishing activity. Note 1: For variation of a final declaration, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: For revocation of a final declaration, see section 390SG. (2) The Minister must not make a final declaration unless: (a) the commercial fishing activity is the same as a commercial fishing activity that is, or was, specified in an interim declaration under section 390SD; and (b) consultation under section 390SE has occurred in relation to the commercial fishing activity; and (c) the Minister has considered any written submission that: (i) was made under section 390SE by a declaration affected person; and (ii) was lodged during the period referred to in paragraph 390SE(2)(b); and (d) the Minister and the Fisheries Minister agree that there is uncertainty about the environmental impacts of the commercial fishing activity; and (e) the Minister and the Fisheries Minister agree that it is appropriate that: (i) an expert panel be established under section 390SH to conduct an assessment of the commercial fishing activity and report on the matter; and (ii) the commercial fishing activity be prohibited in a Commonwealth marine area while the expert panel conducts the assessment. When a final declaration is in force (3) A final declaration: (a) comes into force at the end of the day on which it is registered in the Federal Register of Legislation; and (b) remains in force until the earliest of the following times: (i) the end of the day on which the report of the expert panel is published on the Department’s website under paragraph 390SL(a); (ii) the end of the period specified in the declaration as the period for which the declaration is in force; (iii) if the declaration is revoked—when the revocation comes into force. Specified period for which final declaration is in force (4) The Minister must specify in a final declaration the period for which it is to be in force. The period must not be longer than 24 months.