Fishing and Related Industries Compensation (Marine Reserves) Act 1997 (WA)

Western Australia Fishing and Related Industries Compensation (Marine Reserves) Act 1997 Western Australia Fishing and Related Industries Compensation (Marine Reserves) Act 1997 Contents 1. Short title 1 2. Commencement 1 3. Definitions 1 4. Events that can give rise to compensation 3 5. Compensation for loss suffered 4 6. Notification of affected persons 6 7. Application for compensation 6 8. Determination of entitlement 7 9. Agreement as to amount of compensation 7 10. Application to Tribunal if no agreement 8 11. Agreement may be entered into despite proceedings 8 12. Minister to give effect to agreement or determination 8 13. Regulations 9 Notes Compilation table 10 Uncommenced provisions table 10 Other notes 11 Defined terms Western Australia Fishing and Related Industries Compensation (Marine Reserves) Act 1997 An Act to provide for the payment of compensation to holders of leases, licences and permits under the Fish Resources Management Act 1994 and Pearling Act 1990 on account of the effect of marine nature reserves and marine parks constituted under the Conservation and Land Management Act 1984, and for related matters, and to make consequential amendments to the — Fish Resources Management Act 1994 1; and Fisheries Adjustment Schemes Act 1987 1.

1. Short title This Act may be cited as the Fishing and Related Industries Compensation (Marine Reserves) Act 1997.

2. Commencement This Act comes into operation on — (a) the day of the coming into operation of section 10 of the Acts Amendment (Marine Reserves) Act 1997; or (b) the day on which this Act receives the Royal Assent, whichever is later.

3. Definitions (1) In this Act, unless the contrary intention appears — affected person means a person who suffers loss as referred to in section 5; authorisation means — (a) an aquaculture lease; (b) an aquaculture licence; (c) a commercial fishing licence; (d) a fishing boat licence; (e) a fish processor's licence; (f) a managed fishery licence; (g) an interim managed fishery permit; (h) a farm lease; (i) a hatchery licence; (j) a hatchery permit; (k) a pearling licence; or (l) a pearling permit; CALM Act means the Conservation and Land Management Act 1984; CALM Minister means the Minister administering the CALM Act; commercial activity means — (a) aquaculture; (b) commercial fishing; (c) pearling; or (d) hatchery activity; management plan has the same meaning as it has in the CALM Act; Minister means the Minister administering the Fish Resources Management Act 1994; relevant event means an event referred to in section 4. (2) Subject to subsection (1), an expression that is given a meaning by the Fish Resources Management Act 1994 or the Pearling Act 1990 has the same meaning in this Act. [Section 3 amended: No. 55 of 2004 s. 403.]