Sea Fisheries Amendment Act, 1990 (Act No. 10 of 1990)

R 0.3(' GOVERNMENT GAZETrE OF THE REPUBLIC OF NAMIBIA WINDHOEK - 23 Julv 1990 CONTENTS: Page GOVERNMENT NOTICE No. 22 Promulgation of Sea Fisheries Amendment Act, 1990 (Act 10 of 1990), of the National Assembly . Government Notice OFFICE OF THE PRIME MINISTER No. SI No. 22 PROMULGATION OF ACT OF THE NATIONAL ASSEMBLY 1990 The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution. No. 10 of 1990: Sea Fisheries Amendment Act, 1990. 2 Act No.1 0, 1990 Arne ndrne nt "f -secrion I~ of ....CI5N ,\1 IQ7.' (11"',:III\\U ,'I ~\',:Ii"u :0·\ 111 ·\,:t ~~ "~I 1\)7.'. Government Gazette 23 July 1990 No.51 SEA FISHERIES AMENDMENT ACT, 1990 EXPLANATORY NOTE: Words underlined with solid line indicate insertions proposed. Words in bold type in square brackets indicate omissions proposed. ACT To amend the Sea Fisheries Act, 1973, to provide for the imposition of a quota levy on quotas allowed for the catching of fish; for a rebate in the case where less than the allowed quota has been caught; and to provide for incidental matters. (Signed by the President on 16 July 1990) BE IT E:'\ACTED by the \ational Assembly of the Republic of Namibia. as follows> 1. Section 19of the Sea Fisheries Act. 1973 (hereinafter referred to as the principal Act). is hereby amended by the substitution for subsection (4) of the following subsection: "(4) Any moneys in the Fund which are not required for immediate use shall be invested [with the Public Debt Commissioners] in such manner as {he \-1 inij[cr of Fi nance ma\, approw, and may be withdrawn when required for use.". 2. The following section is hereby inserted In the principal Act after section ~O: 20:-\. II) .-\part troru am' levv imoose d under ~1:(li~)n 20. the Minister m,ly by notice in tilt' (;O:I'{{I' impose. tor t he benefit lIt" the Sl;t(l' Revenue Fund. a k\y (in (hi~ ~l"l(i,In referred tll ;t~ ;t quoru levy). .u <uch r.uc ;lll'~lrdll1~ III ma~:':t~ the Minister 111:1\ d,'!l'I" mill l'. on ;11\: qu.unitv lIt" t'i:-h or t"i,h ~d":l~­ 111~ ttl:1 {';trlll'ubr ~rl'l'lt'~ \\ hich i, :'!'l'd':"l: ill :-\051 .-\(1 :"10. 10. 1990 Government Gazette 23 July 1990 1 SEA FISHERIES AMENDMENT ACT, 1990 any regulations made under section II(a) in respect of a holder of a fishing boat licence and which quantity such licence holder is by virtue of such regulations authorized to catch in the course of any year or any particular period. (2) The Minister may in such notice differentiate between different species of fish or different holders or classes of holders of fishing boat licences in regard to the rate of any quota levy. (3) Any quota levy imposed under subsection (1) (a) shall, subject to the provisions of subsection (4), be payable by every holder of a fishing boat licence in respect of whom any quantity of fish or fish belonging to a particular species has been specified by any regulations made under section II(a), and shall be payable by each such licence holder on the quantity so spe cified, whether or not such licence holder has caught the quantity so specified or less than that quan tity; and (b) shall be paid in such manner and at such place and time as may be specified in the notice. (4) Any licence holder who satisfies the M inister, in such manner as the Minister may deem sufficient, that the quantity of fish or fish belonging to a particular species, actually caught by him or her is less than the quantity so specified in respect of him or her, shall be entitled to such rebate on such quota levy a"> may be specified by the Minister in the notice referred to in subsection (11. ". 3. J hi"> Act vhall he called the Sea Fisheries Amend merit Au. Il}t)().