Fisheries Amendment Act 1953
Fisheries Amendment Act 1953
Fisheries Amendment Act 1953
Fisheries Amendment Act 1953
Public Act |
1953 No 38 |
|
Date of assent |
5 November 1953 |
|
Contents
An Act to amend the Fisheries Act 1908.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title.
This Act may be cited as the Fisheries Amendment Act 1953, and shall be read together with and deemed part of the Fisheries Act 1908 (hereinafter referred to as the principal Act).
2 Proceedings for offences under Part I of principal Act may be brought within twelve months.
The principal Act is hereby amended by inserting, after section seventy-one, the following new section:
“71a
Any information in respect of an offence against this Part of this Act or against any regulations made under this Part of this Act may be laid at any time within twelve months from the time when the matter of the information arose.”
3 Amending provisions as to actions against officers.
Section seventy-five of the principal Act is hereby amended by repealing subsection one.
4 Fisheries experimental waters.
The principal Act is hereby further amended by inserting, after section ninety-one, the following new section:
“91a
“(1)
The Governor-General, on the written application of any registered acclimatization society, may from time to time, by Order in Council, declare any waters within the district of that society to be fisheries experimental waters for a period of not more than five years, and may from time to time, on the like application and in like manner, extend that period by not more than five years at any one time.
“(2)
Notwithstanding anything in this Act, where any fisheries experimental waters have been so constituted, the Governor-General may from time to time, by the same Order in Council or by a subsequent Order in Council, and for such period as is specified therein,—
“(a)
Declare that such of the provisions of any regulations made under section eighty-three of this Act as are specified in the Order in Council shall not apply with respect to those waters or shall apply subject to such modifications as are specified in the Order in Council:
“(b)
Declare that the provisions of section ninety-three of this Act or any of them shall not apply with respect to those waters or shall apply subject to such modifications as are specified in the Order in Council:
“(c)
Make such other or additional provision for the protection, preservation, or development of the fish in those waters, and impose such conditions, prohibitions, and restrictions on the taking of those fish, as in the opinion of the Governor-General are necessary or desirable for fisheries research purposes.
“(3)
The provisions of this Part of this Act shall, as far as they are applicable and with the necessary modifications, apply with respect to every Order in Council made under this section as if it was a regulation made under section eighty-three of this Act.”
5 Amending provisions as to close season for trout and salmon fishing.
(1)
The principal Act is hereby further amended by repealing section ninety-three, and substituting the following section:
“93
“(1)
The close season for trout and salmon throughout New Zealand shall begin on the first day of May in each year and extend to the following thirtieth day of September, both days inclusive:
“Provided that on the written application of any registered acclimatization society the Minister may, by notice in the Gazette, fix other dates for the commencement and duration of the close season, but so that in no case shall the close season be for a shorter period than five months.
“(2)
Notwithstanding anything in subsection one of this section, the Governor-General, on the written application of any registered acclimatization society, may from time to time, by Order in Council, dispense with a close season in any one or more years or fix a close season of less than five months’ duration in respect of all or any of the waters in the district of that society.”
(2)
The following enactments are hereby repealed, namely:
(a)
The Fisheries Amendment Act 1914:
1948, No. 11
(b)
Section fifteen of the Fisheries Amendment Act 1948.
6 Amending provisions as to apprehension of offenders.
(1)
Section ninety-five of the principal Act is hereby amended by adding the following subsection as subsection two thereof:
“(2)
Every person commits an offence against this Part of this Act who, after being so required to tell his Christian name, surname, and place of abode, refuses to tell his real Christian name, surname, or place of abode, or gives such a general description of his place of abode as is illusory for the purpose of discovery.”
(2)
Section ninety-six of the principal Act is hereby amended by inserting in subsection one, after the words “after being so required”
, the words “by any officer appointed under this Part of this Act or by any constable”
.