Fish Resources Management Act 1994 (WA)

Western Australia Fish Resources Management Act 1994 Western Australia Fish Resources Management Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects 1 4A. Precautionary principle, effect of 1 4. Terms used 1 5. WA waters 1 6. Aboriginal persons, application of Act to 1 7. Exemptions from Act, grant of by Minister 1 8. Crown bound 1 Part 2 — Administration 9. "Minister for Fisheries", body corporate 1 11. Fisheries officers and other staff, appointment of 1 12. Delegation by Minister 1 13. Delegation by CEO 1 14. Minister may carry out research etc. 1 Part 3 — Commonwealth‑State management of fisheries Division 1 — Preliminary 15. Terms used 1 Division 2 — Joint Authorities 16. Minister's powers and functions under Commonwealth Act 1 17. Judicial notice of signature etc. of Joint Authority member 1 18. Functions of Joint Authority 1 19. Delegation by Joint Authority 1 20. Procedure of Joint Authorities 1 21. Report of Joint Authority 1 Division 3 — Arrangements for management of particular fisheries 22. Arrangement for management under Commonwealth Act 1 23. Application of this Act to fisheries under arrangements 1 24A. Application of Commonwealth law to fisheries under arrangements 1 24. Joint Authority, functions of 1 25. Joint Authority, exercise of powers by 1 26. Provisions in this Act about offences etc., application of to Joint Authority fishery 1 27. Certain statements in arrangements, presumptions as to 1 28. Regulations etc. for fisheries under arrangements 1 Division 4 — Arrangements with other States and Territories 29A. Minister may enter into arrangements 1 29B. Minister's functions for this Division 1 Part 4 — Advisory Committees Division 4 — Fishery Management Advisory Committees 41. Committees, establishment and functions of 1 Division 5 — Other committees 42. Other committees, establishment and functions of 1 Division 6 — Operation of committees 43A. Regulations about operation of committees 1 Part 5 — General regulation of fishing Division 1 — Prohibited fishing 43. Minister may prohibit fishing 1 44. Minister's orders subject to disallowance by Parliament 1 Division 2 — Protected fish 45. Protected fish, prescription of 1 46. Totally protected fish, offences as to 1 47. Commercially protected fish, offences as to 1 48A. Recreationally protected fish, offences as to 1 48. Defences to charges under s. 46, 47 or 48A 1 49. Mutilation of fish to prevent determination, offence 1 Division 3 — Bag and possession limits 50. Bag limits for taking fish, regulations and offences as to 1 51. Possession limits for fish, regulations and offences as to 1 Division 4 — General penalty 52. General penalty for s. 43, 46, 47, 48A, 50 and 51 1 Part 6 — Management of fisheries Division 1 — Interpretation 53. Term used: authorisation 1 Division 2 — Management plans 54. Determination etc. of management plan 1 55. Instruments under s. 54 subject to disallowance by Parliament 1 56. Contents of management plans, general provisions 1 57. Expiry date for plan for interim managed fishery 1 58. Management plan may provide for authorisations etc. 1 59. Management plan may specify capacity of fishery 1 60. Management plan may provide for entitlements under authorisations 1 61. Management plan may prohibit fishing etc. 1 62. Management plan, miscellaneous provisions in 1 63. How interim managed fishery becomes managed fishery 1 Division 3 — Procedure before determining or amending management plans 64. Procedure before determining management plan 1 65. Procedure before amending management plan 1 Division 4 — Managed fishery licences and interim managed fishery permits 66. Authorisations, grant of 1 67. Duration of authorisations 1 68. Renewal of authorisations 1 69. Conditions in authorisations 1 70. Authorisation ceases to have effect if management plan ceases to have effect 1 71. Prior fishing confers no right to authorisation 1 72. Grant of authorisation confers no right to subsequent authorisation 1 73. Other licences do not authorise fishing in fishery 1 73A. Authorisation is subject to restrictions in relation to certain marine reserves 1 Division 5 — Offences 74. Contravening management plan 1 76. Offence under s. 74(1) or 77(1), court to order reduction of entitlement in certain cases of 1 77. Contravening condition of managed fishery licence or managed fishery permit, offence 1 78A. Regulations relating to cancellations under s. 224 1 Part 7 — Fish processing 79. When permit to construct place to process fish required 1 80. Permit for processing fish, grant of 1 81. Conditions on s. 80 permits 1 82. When fish processor's licence required 1 83. Fish processor's licence, grant of 1 84. Duration of licence 1 85. Renewal of licence 1 86. Licensee not to process or store fish except at place specified in licence 1 87. Conditions on fish processor's licence 1 88. Contravening condition of permit or licence, offence 1 89. Regulations about processing etc. fish 1 Part 8 — Aquaculture Division 1 — Aquaculture licences 90. When licence required 1 91. Exceptions to s. 90 1 92A. Applicant for licence to have management and environmental monitoring plan (MEMP) 1 92. Licence, grant of 1 93. Duration of licence 1 94. Renewal of licence 1 95. Conditions of licences 1 96. Contravening licence, offence 1 97A. Contravening MEMP, offence 1 97B. Temporary aquaculture permits, grant of 1 Division 2 — Aquaculture leases 97C. Methods by which Minister may offer areas for lease 1 97. Leases, grant of 1 98. Certain marine reserves, grant of leases in 1 98A. Certain marine reserves, renewal of leases in 1 99. Aquaculture licence and aquaculture lease, relationship of 1 100A. Contravening lease, offences 1 100. Termination of lease 1 101. Clean‑up and rehabilitation of former leased area 1 Division 3 — Miscellaneous matters 101A. Minister's powers as to aquaculture 1 102. Regulations about aquaculture 1 Part 9A — Exotic fish 103A. Accidental introduction of exotic fish into WA waters, CEO's powers to reduce risk of 1 Part 9 — Noxious fish 103. Noxious fish, prescription of 1 104. Noxious fish, offences as to 1 105. Noxious fish not to be brought into the State etc. 1 106. Fisheries officers' powers as to people with noxious fish 1 107. Destroying noxious fish, recovering costs of 1 108. No compensation payable for incidental damage 1 Part 10 — Designated fishing zones 109. Designated fishing zones, prescription of 1 110. Marine reserve, no designated fishing zone in 1 111. Signs indicating zones to be erected 1 112. Fisheries officers' powers as to people in designated fishing zones 1 113. Regulations about designated fishing zones 1 Part 11 — Fish habitat protection areas and Abrolhos Islands reserve Division 1 — Fish habitat protection areas 114. Application of Division to other Acts 1 115. Fish habitat protection areas, creating 1 116. Marine reserve, no fish habitat protection area in 1 117. Draft plan for fish habitat protection area, Minister to determine 1 118. Notice of proposal to create fish habitat protection area 1 119. Control and management of fish habitat protection areas 1 120. Regulations about fish habitat protection areas 1 Division 2 — Abrolhos Islands reserve 121. Regulations about reserve 1 122. Control and management of reserve 1 123. Parks and Reserves Act 1895, application of to reserve 1 Part 12 — Register 124. Registrar 1 125. Register of authorisations etc. 1 126. Information to be included in register 1 127. Application to have security interest in authorisation etc. noted 1 128. Notation of security interest 1 129. Irrelevant matters for purpose of s. 128 1 130. Security holder noted in register to be notified of certain events affecting security 1 131. Removing or varying notation of security interest 1 132. Register may be amended 1 133. No compensation payable because of Registrar's acts 1 134. Regulations about register 1 Part 13 — General provisions relating to authorisations 135. Applications for grant etc. of authorisation 1 136. Grant of authorisations not as of right 1 136A. Marine reserves, grant and renewal of authorisations for areas in 1 137. Effect of authorisations 1 138. Form of authorisations 1 139. Renewal after expiry 1 140. Transfer of authorisations 1 141. Temporary transfer of entitlements under authorisations 1 142. Varying authorisations 1 143. Cancelling, suspending and non‑renewal of authorisations 1 144. Voluntary surrender of authorisations 1 145. Return of authorisations, CEO may require 1 146A. Death of individual who holds authorisation 1 Part 14 — Right to object or apply for review 146. Term used: affected person 1 147. CEO to notify persons of certain decisions 1 148. CEO to publish notice of certain decisions 1 149. Review by SAT of certain decisions 1 150. Authorisation continues pending review decision about renewal 1 151. CEO to give notice of when decision listed in s. 147(1) has effect 1 152. SAT to give notice of decision on review 1 Part 15A — Fish trafficking 153. Terms used 1 154. Trafficking in fish defined 1 155. Trafficking in commercial quantity of priority fish, offence 1 156. Regulations about trafficking in fish 1 Part 15 — Miscellaneous offences 170. Explosives and noxious substances not to be used for fishing 1 171. Preventing etc. lawful fishing activities, offence 1 172. Removing fish from etc. fishing gear etc. without authority, offence 1 173. Purchase or sale of fish taken unlawfully, offence 1 174. Foreign boat not to be used for fishing etc., offence 1 175. Foreign boat equipped with fishing gear, possession of is offence 1 175A. Mandatory maximum sentences for individuals convicted of third or subsequent offences under s. 174 or 175 1 176. False statements in applications 1 Part 16A — Emergency powers to deal with biological threats 177A. Application of Part 1 177B. Terms used 1 177C. Biological threats, CEO's powers to deal with 1 Part 16 — Fisheries officers 177. Certificate of appointment, issue of etc. 1 178. Certificate of appointment, production of 1 179. Honorary fisheries officers, appointment of etc. 1 180. Police officers to have powers of fisheries officers 1 181. Naval officers to have powers of fisheries officers in dealing with foreign boats 1 182. Powers to enter certain places to inspect certain matters 1 183. Powers to enter and search land to investigate offences 1 184. Powers to enter and search non‑residential premises 1 185. Powers to enter and search residential premises 1 186. Powers to enter and search tents etc. where fish or gear is suspected to be 1 187. Warrants to enter and search places 1 188. Warrants may be granted by telephone etc. 1 189. Powers to obtain certain information 1 190. Powers to inspect etc. authorisations etc. 1 191. Other powers 1 191A. Powers under Animal Welfare Act 2002 to prevent cruelty to fish 1 192. Powers to arrest without warrant 1 193. Powers to seize things 1 194. Powers to deal with seized fish 1 195. Powers to seize abandoned etc. fishing gear 1 196. Interfering with seized property, offence 1 197. Power to require assistance from people 1 198. Duty to try to minimize damage 1 199. False or misleading information to fisheries officer, offence 1 200. Obstructing etc. fisheries officers 1 Part 17 — Legal proceedings Division 1 — Proceedings 201. Prosecutions, institution of etc. 1 Division 2 — Responsibility of certain persons 202. Masters' liability 1 202A. Person in charge of a fishing tour, liability of 1 202B. Authorisation holder, liability of for offences by co‑holders 1 203. Authorisation holder, liability of for offences by agents of 1 204. Liability of officers for offence by body corporate 1 Division 3 — Evidentiary provisions 205. Exemptions etc., onus of proving 1 206. Place of offence, proof of 1 207. Foreign boat, proof as to 1 208. Contents etc. of package etc., proof of 1 209. Fish taken for sale, proof as to 1 210. Fish on fishing boats and commercial premises etc. presumed to be for sale 1 211. Purpose or intent, proof of 1 212. Authorisations etc., evidence as to 1 213. Species of fish etc., evidence as to 1 214. Size etc. of fish, determining 1 215. Accuracy of fisheries officers' equipment, presumption as to 1 216. Positions on Earth, determining 1 Division 4 — Forfeiture 217. Seized things, return of and security for 1 218. Forfeiture of fish, gear etc., court orders for 1 219. Unclaimed seized things, forfeiture of 1 220. Certain fish forfeited when seized 1 221. Forfeited things, disposal of 1 Division 5 — Additional penalties 222. Additional penalty based on value of fish for certain offences 1 223. Cancelling or suspending authorisation, court's powers for 1 224. Automatic suspension if 3 offences committed in 10 year period 1 225. Prohibitions on offender, court's powers to impose etc. 1 Division 6 — Infringement notices 226. Term used: authorised person 1 227. Authorised persons, appointment of 1 228. Infringement notices, service of 1 229. Infringement notices, form of 1 230. Extending time to pay modified penalty 1 231. Withdrawal of infringement notice 1 232. Payment of modified penalty, consequences of 1 Part 18 — Financial provisions Division 1 — Collection of levy imposed under Fishing Industry Promotion Training and Management Levy Act 1994 233. When and to whom levy is payable 1 234. Payment by instalments 1 235. Exemption from levy 1 236. Penalty for non‑payment 1 237. Recovery of levy 1 Division 2 — Accounts 238. Fisheries Research and Development Account 1 239. Recreational Fishing Account 1 240. Fishing Industry Promotion Training and Management Levy Account 1 243. Financial Management Act 2006 and Auditor General Act 2006, application of 1 Part 19 — Miscellaneous 244. Protection from personal liability 1 246. Administrative guidelines, issue and effect of 1 247. Guidelines about foreign interests, issue of 1 248. Consultation before issue etc. of guidelines under s. 246 or 247 1 249. Inquiry into holder etc. of authorisation, commencement and conduct of 1 250. Confidential information, divulging 1 251. Exclusive licences to take fish, grant of 1 252. Marine reserve, no exclusive licence to be granted in 1 254. Waterway works, public authority to notify Minister of 1 255. Activities that pollute waters, Minister may prohibit 1 256. Regulations, general power to make 1 257. Regulations about licensing 1 258. Regulations, miscellaneous subjects for 1 259. Categories of fish, prescription of 1 261. Notices etc., service of 1 262. Orders, regulations etc., CEO to make publicly available 1 263. Annual report of Department, content of 1 Part 20 — Transitional matters Division 1 — Transitional matters for Fish Resources Management Act 1994 266. Fish Resources Management Act 1994, provisions for (Sch. 3) 1 Division 2 — Transitional matters for Fish Resources Management Amendment Act 2011 267. Term used: amending Act 1 268. Exemptions under s. 7 1 269. Application of extended period for service of infringement notices under s. 228 1 270. Transfer of money in accounts under repealed s. 241 and 242 1 Schedule 3 — Savings and transitional provisions for Fish Resources Management Act 1994 1. Interpretation Act 1984 not affected 1 2. Director of Fisheries 1 3. Inspectors 1 4. Honorary inspectors 1 5. Fisheries Research and Development Fund 1 7. Arrangements 1 8. Limited entry fishery taken to be managed fishery 1 9. Limited entry fishery notice taken to be management plan 1 10. Limited entry fishery licence continued in force 1 11. Permit to establish processing establishment continued in force 1 12. Processor's licence continued in force 1 13. Fish farm licence continued in force 1 14. Proclaimed fishing zones continued in force 1 15. Fishing boat licence continued in force 1 16. Carrier boat licence continued in force 1 17. Professional fisherman's licence continued in force 1 18. Recreational fishing licence continued in force 1 19. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Fish Resources Management Act 1994 An Act relating to the management of fish resources, including the development and management of fisheries and aquaculture and the conservation of fish and other aquatic resources and their habitats, and for related purposes. [Long title inserted: No. 43 of 2011 s. 4.]