TNAG-2973-FCO40-1242-Fisheries-Act-1981-whaling-amendments-extension-to-Dependen-1981 — Page 29

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FISHERIES

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And whereas by Section 13 of the Act it is further enacted that the 531& 54 Vict. Foreign Jurisdiction Act, 1890, shall have effect as if the provisions c.₤37.

of the Act were included among the enactments which, by virtue of Section 5 of the said Foreign Jurisdiction Act, may be extended by Order in Council to foreign countries in which for the time being His Majesty has jurisdiction:

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And whereas by Section 11 of the Act it is enacted that His Majesty may by Order in Council direct that any provision of the Act which is expressed to apply only to British ships shall, subject to such exceptions, adaptations or modifications (if any) as may be specified in the Order, apply also to other ships, being ships registered in or licensed under the law of any Colony or British Protectorate, or any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is being exercised by His Majesty's Government in the United Kingdom:

And whereas by Section 12 of the Act it is enacted that His Majesty may by Order in Council direct that subject to such conditions, if any, as may be specified in the Order, any of the provisions contained in Sections 1 to 11 of the Act which restricts the taking or killing of whales or the use of ships shall not apply in relation to anything done within the coastal waters of

(a) a country or part of His Majesty's dominions to which the Act may be, extended by virtue of Section 13 thereof, or

(b) a British protected state,

if there is in force, as respects those coastal waters, a provision of the local law which appears to His Majesty substantially to correspond with the aforesaid provision of the Act:

And whereas it is expedient that the provisions of the Act should extend to Newfoundland and the territories mentioned in the First Schedule to this Order, subject to the exceptions, adaptations and modifications specified in this Order:

And whereas it is expedient that the provisions of the Act which are expressed to apply only to British ships should apply to other ships registered in or licensed under the law of any territory mentioned in the First Schedule to this Order:

And whereas it appears to His Majesty that in respect of the coastal waters of the territories mentioned in the Second Schedule to this Order there are provisions of the local law substantially corresponding with the provisions of Sections 3 and 4 of the Act:

And whereas it is expedient that the said Sections of the Act should not apply in relation to anything done within the coastal waters of the territories mentioned in the said Second Schedule:

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